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I am pesting below a notice which has been issued by the State Commissioner for Persons with Disabilities,, National Capital Territory of Delhi to the Chief Electoral Officer, Delhi in response to my complaint lodged by me by a whatsapp voice onte on the recently concluded polling day here in Delhi regarding non-availability of dummy ballot paper in Braille and the eventual violation of the secrecy of my ballot. The show cause notice is self-explanatory. In the Court of State Commissioner for Persons with Disabilities National Capital Territory of Delhi 25-D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-110002 Phone: 011-23216003-04, Telefax: 011-23216005, Email: [email protected] <mailto:[email protected]> [Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016] Notice to showcause Case No.891/1105/2019/05/2257-58 Dated:13.05.2019 In the matter of: Sh. P.K. Pincha, Flat No. 007, Ground Floor, Narmada Tower I, Pocket D, 6, Vasant Kunj, New Delhi-110070 Mobile no. 09899578157 Email: [email protected] Complainant Versus Chief Electoral Officer, Govt. of NCT of Delhi, Old St. Stephen's College Building, Kashmere Gate, Delhi-110006 Email:[email protected] Respondent Whereas Sh. P.K. Pincha, former Chief Commissioner for Persons with Disabilities, Govt. of India, who is a person with blindness vide his voice mail dated 12.05.2019 (attached to the email) informed that the Presiding Officer/ Polling Officer at booth number 176 at Apeejay School, Saket, New Delhi did not provide him the Dummy Braille Ballot Sheet. As a result, he had to take the assistance of a volunteer and the secrecy of his ballot could not be maintained. He has requested to take action in the matter; 2. And whereas Sh. P.K. Pincha vide his email dated 13.03.2019had requested C.E.O. among other things, to enable him and his wife to cast their votes in Saket and make necessary arrangements to ensure that he is able to exercise his franchise with ease protecting the secrecy of his Ballot and to make him available the necessary communication material in Braille; 3. And whereas as per para 1(iv) of the Election Commission of India's letter no. 51/8/INST/2018-EMS dated 28.06.2018, Dummy Ballot Sheets will be printed in Braille and as per Para 1 (v),each Dummy Braille Ballot Sheet prepared for every polling station would be certified by the Commissioner of Disabilities of the concerned State or his authorised representative; 4. And whereas the Dummy Braille Ballot Sheet contains the serial numbers of the contesting candidates, names of the candidates arranged in the same serial order in which their names will appear on the ballot paper on the Balloting Unit, name of the political party concerned against the name of the candidate. The visually impaired voters will be informed of the arrangement being made for them; 5. And whereas as per Para 1 (ix), inside the polling stationvisually impaired voters will be given Dummy Braille Ballot Sheet in Braille by the Presiding Officer on his/ her request, if he/she prefers to cast his/ her vote with the help of the same. If the elector so desires, the companion will be allowed to accompany thevoter to the voting compartment; 6. And whereas the State Commissioner authorized 21 persons with good knowledge of Braille for certifying the Dummy Braille Ballot Sheets on 05.05.2019 and the Chief Nodal Officer-II organized certification of the Dummy Braille Ballot Sheets from 06.05.2019; 7. And whereas the State Commissioner for Persons with Disabilities visited the polling station at Apeejay School on 12.05.2019 and was informed that Dummy Braille Ballot Sheet was received after Sh. P.K.Pinchahad left the polling station; 8. And whereas the State Commissioner for Persons with Disabilities, Govt. of NCT of Delhi is mandated to inquire deprivation of the rights of persons with disabilities and take up with the appropriate authorities for Page 2 of 3 corrective action u/s 80 of the Act. The State Commissioner under the said Act has the same powers of a Civil Court as are vested in a court under the code of civil procedure 1908; 9. And therefore the respondent is directed to submit para-wise/point- wise comments and an Action Taken Report on the complaint and his/her versionof the case by 31.05.2019. A copy of the reply should also be either served to the complainant personally or through registered post or email. The proof of the same should be submitted to this Court. The complainant may submit his/her rejoinder, if any, within a week of receipt of the reply from respondent with a copy to the respondent, along with the proof thereof. Digitally signed THAKUR byTHAKUR nATT DATT DHARIYAL 1 Date: DHARIYAL2oi9.o5.i3 16:43:12 -07'00' (T.D. Dhariyal) State Commissioner for Persons with Disabilities Prasanna Kumar Pincha Former Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, govt. of India, New Delhi. Former chairperson National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, Ministry of Social Justice and Empowerment, Govt. of India, New Delhi. Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
