Facts
The petitioner, a person with a disability (PwD), filed a writ of mandamus seeking directions to the Election Commission of India (ECI) to ensure that all designated polling stations contain "Assured Minimum Facilities" (AMF), specifically permanent ramps in compliance with the Harmonized Guidelines 2021.
Source reference: p. 2The petitioner further requested that electoral data and websites be made accessible in ePUB/HTML formats with multi-modal CAPTCHA, as mandated by the Rights of Persons with Disabilities Rules, 2017.
Source reference: p. 2While the ECI and State authorities claimed compliance through various circulars and directives, the petitioner highlighted continued reliance on inadequate temporary wooden ramps and inaccessible digital interfaces.
Source reference: paras. 3-5, 2, 15Issues
1. Whether the respondents are under a mandatory statutory duty to provide permanent accessibility infrastructure, such as ramps, at all polling stations
Source reference: para. 102. Whether the Election Commission's digital platforms must conform to specific accessibility standards for PwDs under the 2016 Act and 2017 Rules
Source reference: paras. 9, 17Law Applied
The court applied Section 11 of the Rights of Persons with Disabilities Act, 2016, which mandates that the ECI ensure all polling stations are accessible and electoral materials are understandable to PwDs.
Source reference: para. 9It relied on the definitions of "public building" and "establishment" under Sections 2(w) and 2(i) of the Act.
Source reference: para. 9Procedural compliance was guided by Rule 15 of the Rights of Persons with Disabilities Rules, 2017 and GIGW 3.0/WCAG 2.1 guidelines for website accessibility.
Source reference: paras. 4, 17The court followed the precedent set by the Supreme Court in Disabled Rights Group v. Chief Election Commissioner, which directed the provision of permanent ramps in public buildings used as polling stations.
Source reference: para. 11Reasoning
The court observed that despite long-standing judicial directions and ECI circulars dating back to 2005, many educational institutions and public buildings used as polling booths still lack permanent ramps.
Source reference: paras. 12-15The court noted that temporary wooden ramps are often non-friendly and fail to meet the "1:12 gradient" specification mandated by national standards.
Source reference: paras. 13, 15It reasoned that since these buildings are "public buildings" under the 2016 Act, they are legally required to be accessible regardless of elections.
Source reference: para. 16Regarding digital accessibility, the court took note of the ECI's correspondence with the Ministry of Electronics and Information Technology (MeitY) dated 14.11.2025, requesting an accessibility audit.
Source reference: para. 17The court determined that while progress was being made, an order was necessary to ensure these processes were finalized and enforced.
Source reference: paras. 18-19Holding
The High Court disposed of the writ petition by directing the respondents to ensure the construction of permanent ramps in routinely notified polling booths, particularly educational institutions, in strict compliance with the Rights of Persons with Disabilities Act, 2016.
Furthermore, the ECI was directed to take expeditious steps to complete the process of making its websites and digital platforms easily accessible and usable for PwDs per the GIGW and WCAG standards.
Source reference: para. 19(ii)No order as to costs was made.
Source reference: p. 24Original Court PDF
VAISHNAVI JAYAKUMARvsTHE ELECTION COMMISSION OF INDIA
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