New Delhi, Dec 21 (PTI) The proposal to allow eligible overseas Indian voters exercise their franchise using postal ballot is based on the recommendation of a panel after detailed consultations with various stakeholders, including political parties, the Election Commission has told CPI-M leader Sitaram Yechury.

It has also said that the recommendation to allow postal ballot for overseas Indian voters is an extension of the continuing efforts of the EC to facilitate voting to the overseas electors, who are unable to cast vote in spite of amendment in electoral laws nine years ago.

The Commission made these observations in a letter to Yechury last week who had earlier this month demanded an all-party meet before such changes are made.

In his letter, CPI(M) general secretary Yechury said the move was both surprising and shocking.

“ECI must call an all-party meeting adhering to the practice since Independence before making major changes in voting procedures, like the current proposal for NRI voting,” he said. “Lately, ECI has not been adhering to its practices on upholding democratic culture.”

The Commission had in November proposed to extend the electronically transmitted postal ballot system (ETPBS) facility, so far available to service voters, to eligible overseas Indian voters.

The CPI(M) leader said the party had suggested the setting up of polling booths at India's embassies and other facilities in different foreign countries to permit Indian citizens to cast their votes in those countries where they are currently residing.

“This practice is followed by many democracies in the world and conforms to the practice of physical verification of the voters,” Yechury had said.

The EC had first taken up in 2014 the proposal to permit non-resident Indians (NRIs) to cast their votes. It had held an all-party consultation to discuss the possible methods to set up a full-proof mechanism to ensure a free-and-fair poll as the NRI voters are concerned.

A bill to extend the facility of proxy voting to overseas Indians had lapsed with the dissolution of the 16th Lok Sabha.

“The ECI's letter to the Law Ministry now proposes to give postal voting rights not proxy voting to NRIs. This means the government only needs to amend the Conduct of Election Rules 1961. It doesn't require Parliament's approval….The current reported proposal of the ECI has never been discussed at an all-party consultation as is the normal practice and a well-established precedent.

"It is clear that none of the alternatives which were part of the study of the expert group commissioned by the ECI in 2015 to draw up a concrete proposal could come up with a full proof arrangement,” he said.

The government has already made it clear that a final call on the EC proposal would be taken after wider consultations with stakeholders.

In 2011, special provisions for registration/right to franchise for overseas electors was prescribed in the Representation of the People Act 1950.

"However, under the existing provisions, the overseas electors can cast their votes also at their respective polling stations in India and that too, in person," the EC letter to Yechury said.

The Commission pointed out that in 2015, after detailed consultations with various stakeholders including political parties on the recommendation of a committee, the Commission had recommended to the law ministry to facilitate voting for overseas electors by one or more options:  postal ballots;  proxy; or in person.

Thereafter, Rule 23 of the Conduct of Elections Rules, 1961 was amended in October 2016, providing the facility of one-way electronic transmission of the postal ballot (ETPBS) (from RO to elector) to the service electors.

"The ETPBS system for service voters (armed forces and person employed under the central government, in a post outside India) is now completely streamlined and functioning satisfactorily," the EC response said.

After successful implementation of ETPBS for service electors, the facilitation process for overseas electors was deliberated in the Commission, the poll panel said.

In line with the recommendations, as already made in 2015, the Commission recommended to Ministry of Law and Justice for ETPBS for overseas electors by amending rules, the EC said.

"The current proposal to extend ETPBS voting option in favour of overseas electors ... is an extension of the continuing efforts of the Commission to facilitate voting to the overseas electors, who are unable to exercise their franchise in spite of amendment in Act, in 2011.

As of now, overseas Indians are free to cast their votes in constituencies they are registered.

Unofficial data with the EC shows that only 10,000-12,000 overseas voters have exercised their franchise because they do not want to spend foreign currency to come to India and vote.

Under ETPBS, the postal ballot is sent electronically to a service voter. The service voter downloads it and uses a specific envelope to return it to the returning officer of his constituency. The postal ballot should reach the returning officer by 8.00 am on the day of the counting. The counting of votes begins with the counting of postal ballots at 8.00 am.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)