Safiya Malik

The High Court of Kerala, Single Bench of Justice P.V. Kunhikrishnan, while deciding writ petitions challenging the State Election Commission’s decision to limit the number of voters per polling booth to 1,200 in Panchayats and 1,500 in Municipalities, directed the Commission to adopt measures ensuring accessible and efficient polling during the forthcoming local body elections. The Court suggested that the Commission develop a mobile application to help voters, particularly senior citizens and persons with disabilities, know real-time queue details at polling stations so they can vote without inconvenience or delay. While refraining from altering the existing polling arrangements to avoid disrupting the election schedule, the Court emphasized the need for better queue management, seating, and drinking water facilities to ensure a smooth voting process.

The petitions were filed by two individuals raising concerns regarding the arrangements made by the Kerala State Election Commission for the 2025 Local Self Government Institution elections. The first petitioner, a senior citizen and registered voter of a Grama Panchayat in Kottayam District, contended that limiting each polling station to one booth without providing auxiliary booths would make it impossible for all voters to cast their votes within the prescribed time. He stated that each voter in local body elections must cast three votes and that a booth with 1,000 voters would effectively handle 3,000 votes, which could not be completed within twelve hours. He further argued that this restriction would cause hardship to elderly persons, women, and differently abled voters, and submitted a representation to the Election Commission seeking remedial action.

Also Read: Supreme Court Upholds Woman’s Murder Conviction; First Dying Declaration Carries Evidentiary Value When Corroborated

The second petitioner, a resident and political functionary from Thrissur District, challenged the reduction of polling booths following the Commission’s decision to fix the cap of 1,200 voters per booth in Panchayats and 1,500 in Municipalities. He argued that this was inconsistent with the provisions of Section 45 of the Kerala Panchayat Raj Act, 1994, which requires the District Election Officer to provide a sufficient number of polling stations with the prior approval of the State Election Commission. According to him, the reduced number of booths would adversely affect voters’ ability to exercise their franchise freely and fairly.

The State Election Commission, represented through its Standing Counsel, submitted that the cap was determined after assessing voter statistics and logistical considerations in accordance with Section 45 of the Kerala Panchayat Raj Act and Section 101 of the Kerala Municipality Act, 1994. It explained that additional polling stations would be created by dividing electoral rolls wherever the voter count exceeded the prescribed limit and that measures were already in place to ensure that all voters could cast their votes within the polling hours fixed by statute.

The Court recorded that “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.” It noted that long queues and inadequate facilities could prevent citizens from exercising their right to vote, especially those with limited mobility or time.

Referring to the statutory framework, the Court stated that “it is true that the statute does not prescribe any specific norm for fixing the number of polling stations, except that there should be a sufficient number of polling stations for every Panchayat and Municipality and that the list of polling stations shall be published with the previous approval of the State Election Commission.” The Court took note of the Election Commission’s decision to limit voters per polling booth to 1,200 in Panchayats and 1,500 in Municipalities.

Analyzing the practical implications, the Court observed that “for elections to Panchayat wards, a voter has to cast three votes. The election time, as per statutory provision, is from 7:00 AM to 6:00 PM.” It calculated that “if 660 minutes are given to 1,200 voters, each voter will get only 30–40 seconds to cast their vote,” concluding that “it is practically impossible for a voter to cast a vote after following the above procedure within 30 to 40 seconds.” The Court recorded that “the Election Commission assumes that not all 1,200 voters will come to cast their vote… Such an assumption is not acceptable in a democratic election.”

While addressing the limits of judicial intervention, the Court referred to precedents and noted: “no High Court in the exercise of its powers under Article 226 should pass any orders… which has the tendency or effect of postponing an election, which is reasonably imminent.” It stated that, in view of the constitutional mandate requiring elections before the expiry of the present local body terms, “this Court cannot interfere now, which will affect the election itself.”

Regarding voter convenience, the Court stated that “the commission should take the steps required to ensure that voters cast their votes without difficulty in the upcoming election.” It directed the Election Commission “to see that a queue management system with seating arrangements is made for all voters.”

Finally, the Court recorded that “this Court requested Mr Ishaque K.V., Principal Technical Officer, IT Technical Cell, High Court of Kerala, to find out whether anything can be done to reduce the voters’ queue by creating a mobile application.”

The proposal for a “Voter Queue Monitoring and Management System” was extracted in the judgment, and the Court stated that “before visiting the booth, voters should be aware of the queue length at each polling station so that they can start from their house after verifying the number of people in line.” It further recorded that “the Kerala State Election Commission should take the initiative to create such a Mobile App so that every voter can start from their home and reach the polling station after verifying the number of people in the queue in front of each polling booth.”

Also Read: Kerala High Court Dismisses Plea To Cancel ‘India Gate’ Trademark; Holds Only Delhi HC Has Jurisdiction As Mark Registered In Delhi

The Court disposed of the writ petitions without interfering with the Election Commission’s present arrangements for polling booths, noting that any such intervention could disrupt the electoral process. It directed that “the commission should take the steps required to ensure that voters cast their votes without difficulty in the upcoming election.” The Court further instructed that “the Election Commission should see that a queue management system with seating arrangements is made for all voters,” and that “drinking water should be provided to voters whenever necessary.” It also ordered the State Election Commission “to take the initiative to create such a Mobile App so that every voter can start from their home and reach the polling station after verifying the number of people in the queue in front of each polling booth.”

Advocates Representing the Parties

For the Petitioners: Smt. Kavery S. Thampi, Advocate; Smt. Jeleetta Gregory, Advocate.
For the Respondents: Shri Deepu Lal Mohan, Standing Counsel, State Election Commission; Smt. Jessy S. Salim, Government Pleader.

Case Title: N.M. Taha; Balachandran V.V v. Kerala State Election Commission & Ors.
Neutral Citation: 2025:KER:81511
Case Number: W.P.(C) Nos. 34746 & 40300 of 2025
Bench: Justice P.V. Kunhikrishnan