Andhra Pradesh High Court Closes PIL Challenging Election Commission's Order Barring Volunteers From Distributing Social Welfare Pensions

Ahead of the upcoming general elections, the Andhra Pradesh High Court has disposed of a PIL challenging an order of the Election Commission of India barring volunteers from distributing cash benefits under any social welfare schemes.

The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R Raghunandan Rao noted that the State had issued a circular whereby directions were issued to District Collectors and other functionaries to ensure disbursal of pensions and other benefits to the beneficiaries, without any interruption.

Initially, the government relied on volunteers to deliver essential benefits, including pensions to the elderly, disabled, and widows under a pension scheme introduced by the State. However, NGO Citizens of Democracy challenged this system citing potential for undue influence or bias within the volunteer system, particularly surrounding election periods. In a landmark decision, the ECI ruled that volunteers could no longer be involved in the distribution of cash benefits. The objective was to eliminate any perceived or actual conflict of interest that could erode public confidence in the electoral process.

This order, as per the petitioner, had immediate and significant implications for the beneficiaries who relied upon door-to-door delivery of their pension payments. Individuals with disabilities or restricted mobility face the daunting task of visiting village secretariats to collect their pensions – a burden with the potential to deny them this vital source of income, it was contended.

"One of the instructions given in this circular is to ensure door-to-door distribution of pension to the beneficiaries who belong to differently abled category; those drawing pensions under the category of serious ailments; those who are infirm, bed ridden, and confined to wheelchairs and the elderly widows of war veterans drawing sainik welfare pensions. The instructions stated that form of distribution of pensions is compulsory and shall be made without any exception. In view of the above instructions, it is clear that the grievance of the petitioners regarding the hardship that would be faced by such categories of persons is answered,” the Court said.

Case no.: PIL 83 of 2023

Counsel for petitioner: Gundala Siva Prasad

Counsel for respondents: G.P. For Panchayat Raj & Rural Dev, Harish Rasineni, D.S. Sivadarshan

Click Here To Read Order