Ensure drinking water, seating at polling booths; develop mobile app for real time queue info: Kerala HC to EC

In a significant judgment aimed at augmenting and securing right to vote and voters' participation, the Kerala High Court recently issued a slew of directions to the State Election Commission to implement a proper queue management system with seating arrangements, drinking water and other voter-friendly facilities starting with the upcoming panchayat polls in the State [NM Taha v Kerala State Election Commission and connected case]

Justice PV Kunhikrishnan observed that voters, particularly the elderly and differently abled, faced difficulties during elections due to long queues at polling stations resulting in many skipping to vote.

This, the judge said, was alarming since such situations weakened the democratic process and discouraged citizens from exercising their right to vote.

Hence, in a novel move, the Court also suggested that the Election Commission should consider developing a mobile application based on the proposal by Ishaque KV, Principal Technical Officer, IT Cell High Court, to display real-time queue at polling booths so that voters could plan their visit to the booth accordingly.

"In a democracy, if a voter reaches the polling booth but leaves the polling station without casting his vote upon seeing a long queue of voters, that is the death knell of democracy and reflects nothing but the failure of democracy. Long queues can be a barrier to voting, especially for those with limited time, mobility, or resources. The long wait may be due to inadequate polling booth infrastructure, insufficient staff, or poor management. In such situations, the voters may feel frustrated or disenchanted with the democratic process, leading them to abandon their right to vote. That is why I said that if such an apprehension arises in the mind of a single voter who is coming to a polling booth, that will be the death knell of democracy," the Judge added.

The Court was considering two writ petitions filed by NM Taha, a 79-year-old voter from Vaikom, and Balachandran VV, President of the Porkulam Mandalam Congress Committee, who challenged the Election Commission's cap of 1,200 voters per booth in panchayats and 1,500 in municipalities.

The petitioners stated that these limits were impractical and likely to deprive many voters of their right to vote within the statutory time.

It was pointed out that each voter body election had to cast three votes in local body elections, sign registers, and operate voting machines within the limited polling hours.

The Court agreed that such voter caps could effectively reduce the time available to each voter which was approximately 30 to 40 seconds, calling the commission's system unrealistic if full voter turnout occurred.

However, the Court clarified that it could not intervene immediately in the election process since the polls are to be completed before December 20.

However, it ordered the State Election Commission to ensure that all polling booths from the 2025 local body elections onward have a queue management system with seating arrangements, especially for elderly and differently abled voters.

Drinking water must also be made available, the judge added.

"The voters are the superstars of democracy. Therefore, they should be respected and treated well in the booth.....Some voters may skip their right to vote after seeing long queues at polling booths for various reasons. That is why I said at the earlier stage itself that if a single voter decides to leave the polling booth without casting a vote upon seeing the long queue, that would be a massacre to democracy," the Court added.

In conclusion, the Court, while disposing of the petitions, stated that elections could truly function in a democratic spirit only when the voters are freely able to exercise their right to vote.

"The spectators of the above running race are the voters who cast their votes in the election. Their applause should be expressed by exercising their right to vote. If all the voters clap and encourage the contestants, and, of course, if they extend their congratulations to both the winners and losers, that will truly reflect the beauty of our democracy and serve as a salute to our Father of the Nation, Mahatma Gandhi," the Court said.

Advocates Kavery S Thampi and Jeleetta Gregory appeared for the petitioners

Standing Counsel Deepu Lal Mohan represented the State Election Commission

Government Pleader Jessy S Salim appeared for the state.

[Read Judgment]