The Supreme Court today sought an explanation from the Election Commission of India (ECI) regarding its decision to increase the maximum number of voters per polling station from 1,200 to 1,500. A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a public interest litigation (PIL) challenging this decision.
Senior Advocate Maninder Singh, representing the ECI, defended the move, asserting that the policy has been in effect since 2019 and that all political parties were consulted before implementation. However, the Chief Justice directed the ECI to file a short affidavit within three weeks, addressing concerns about how the situation would be managed if more than 1,500 voters arrived at a single polling station.
The PIL, filed under Article 32 of the Constitution, alleges that the decision lacks supporting data and disproportionately burdens voters, particularly marginalized communities. Senior Advocate Dr. Abhishek Manu Singhvi, representing the petitioner, argued that the increase creates structural barriers to voting, discouraging voter participation, especially among daily wage earners and underprivileged groups.
The petitioner highlighted that the ECI’s communication permits a polling station to accommodate up to 1,500 electors, with no new booths being established unless this threshold is exceeded. The plea contends that this decision violates Section 25 of the Representation of the People Act, which mandates sufficient polling stations to ensure accessibility for all voters.
The matter is set for further hearing in January 2025.
Key Arguments Raised
- Petitioner’s Concerns:
The petitioner argues that the policy risks voter disenfranchisement, particularly for low-income groups who cannot afford long waiting times. It cites logistical challenges such as overcrowding and voter fatigue, asserting that polling stations, given current infrastructure, can reasonably handle only around 1,200 electors. - ECI’s Defense:
The ECI maintains that political consultations preceded the decision and that polling stations have successfully accommodated higher voter numbers in past elections. - Legal Focus:
The PIL emphasizes the principle of non-retrogression, urging the ECI to progressively reduce electors per polling station to remove barriers to voting and strengthen democratic participation.
Background
The issue has national significance, with imminent elections in states like Maharashtra, Bihar, and Delhi. The petitioner also noted the absence of fresh census data since 2011, arguing that the decision lacks a rational basis.
Case Details
Case Title: Indu Prakash Singh v. Election Commission of India and Anr.
Case Number: Diary No. 49052-2024
The Supreme Court’s inquiry underscores the balance between electoral efficiency and safeguarding the fundamental right to vote, particularly for vulnerable communities.
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