ORDER 1. This group of matters has been filed essentially seeking directions from this Court to streamline the process and procedure of the casting of votes by the defence personnel in the General Elections held from time to time. The areas on which such streamlining has been sought can be broadly categorised into two. The first being devising ways and means for ensuring timely dispatch and receipt of postal ballot papers, so as to enable counting of such votes in the process of declaration of result of the election. The second is to consider whether a reasonable option can be given to a defence personnel to register himself as a voter in the station where he is posted without requiring him to be registered in his native place (place of domicile). 2. Inadequacies in the aforesaid two areas of the electoral process have been highlighted by contending that the window period of 14 days after the last date of withdrawal of nomination is too short for a manual exercise to be conducted to ensure timely receipt of ballot papers by the voters (defence personnel) and return of the marked ballots to the Returning Officer. Though no specific incidence or percentage of defence personnel who are denied their right to franchise by delayed receipt of postal ballot papers or the marked copy thereof by the Returning Officer has been cited, the Court has taken cognizance of the fact that such a window period could have adverse effects. 3. By various interim orders passed by this Court from time to time, ad-hoc/interim measures were suggested, which have perhaps led to issuance of the notification dated 21.10.2016 issued by the Ministry of Law and Justice inserting the following proviso after the proviso to sub-rule (1) of rule 23 of the Conduct of Election Rules, 1961, and also adding sub rule (1A). The said notification dated 21.10.2016 may be usefully extracted hereinbelow:-"MINISTRY OF LAW AND JUSTICE (Legislative Department) NOTIFICATION New Delhi, the 21st October, 2016 S.O.3263(E).- In exercise of the powers conferred by section 169 read with section 60 of the Representation of the People Act, 1951 (43 of 1951), the Central Government after consulting the Election Commission hereby makes the following rules further to amend the Conduct of Elections Rules, 1961, namely - 1. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 2016. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Conduct of Elections Rules, 1961, in rule 23.- (a) in sub-rule(l), after the proviso, the following proviso shall be inserted, namely:- "Provided further that the postal ballot paper may be transmitted by the Returning Officer by such electronic means as may be specified by the Election Commission for the persons specified in sub-clause (ii) of clause (a) of rule 18; (b) after sub-rule (1), the following subrule shall be inserted, namely:- "(1A) Where a postal ballot paper is transmitted electronically, the provisions of this rule and rules 22, 24 and 27 shall, mutatis mutandis, apply." [F.No.H-11019/1/2015-Leg.II] Dr. G. Narayana Raju, Secy. Footnote.: The principal rules were published in the Gazette of India, Extraordinary, vide number S.O.859, dated the 15th April, 1961 and last amended vide number S.O. 2969(E), dated the 16th September, 2016." 4. We are told by the learned counsel appearing for the Election Commission that full effect to the notification dated 21.10.2016 has been given and in the elections held thereafter the results have been satisfactory and no complaints have been received. In these facts, we will understand that the first grievance of the petitioners/appellant is adequately taken care of by the notification dated 21.10.2016. 5. This would bring the Court for consideration of the second area, where grievance has been highlighted, namely, registration of a defence voter in a station where he is posted in distinction to his place of domicile. In this regard, the expession "ordinarily resident", as appearing in Sections 19 and 20 of the Representation of People Act, 1950 would have relevance. Be that as it may, our attention has been drawn to a communication dated 28.12.2008 issued by the Secretary of the Election Commission of India to all Chief Electoral Officers of the States and the Union Territories, wherein in paragraph 5, it has been observed as follows:- "5. During the campaign, Service personnel should also be explained the advantages of being enrolled a Service Voters (like proof of domicile etc.) in their native places. During the campaign, Service personnel should also be explained the advantages of being enrolled a Service Voters (like proof of domicile etc.) in their native places. However, if a Service personnel serving in a peace station intends to register as a general voter, he can be registered as a general voter (as against a Service Voter) only if he is residing there with family for a sufficient span of time or provided he is on a tenure posting of 3 years or more in that peace station. In such cases, the Form to be filled shall be Form 6 and all due process and verification by the ERO/BLO shall have to be carried out and facts ascertained before registration as voter by the ERO." 6. From the above extract (paragraph 5 of the communication dated 28.12.2008), it appears that a defence voter (service voter) in lieu of being registered in the native place has been given an option to be registered as a voter in a Peace Station subject to the condition that he is residing there with his family for a sufficient span of time or he is on a tenure posting of three years or more. 7. Ms. Neela Gokhale, the petitioner-in-person in W.P. (C) No. 1005/2013 has drawn the attention of the Court to the interim order of this Court, dated 24.3.2014, where for the ongoing elections of the year 2014, the said requirement spelt out in the communication dated 28.12.2008 was dispensed with by the Court. Ms. Gokhale has also drawn the attention of the Court to paragraph 26 of the counter affidavit filed by the Election Commission, stating that the exercise carried out pursuant to the interim directions of the Court, dated 24.3.2014 had worked well and has facilitated voting by armed forces personnel. However, a caveat has been lodged by the Election Commission in its counter affidavit that the said practice may not be extended to the North Eastern States and the State of Jammu and Kashmir, as the same may result in change of demographic character of the constituencies which in turn may affect the local populace and impact the electoral profile. 8. 8. The requirement of residence with family for a reasonable span of time or a tenure posting in a Peace Station for three years which has been sought to be imposed to enable a defence voter to exercise an option of being registered in the station where he has been posted, is an exception carved out by the Election Commission to enable eligible and willing defence voters to exercise the option of registration in a place where they are stationed provided the conditions stipulated are satisfied. It is the contention of Ms. Gokhale, the petitioner-in-person that in defence forces, a tenure posting is never made for three years and is usually for about two and half years. We have no means for verifying the said fact neither such verification is considered necessary. If by the interim order dated 24.3.2014, the said two conditions could have been put on hold, by the final order passed in the writ proceedings, this Court can suitably ask the Election Commission to adapt to the situation by understanding the aforesaid two pre-conditions to be flexible and to be relaxed if the surrounding facts and circumstances including the duration of tenure posting are what has been contended. In view of the aforesaid stand taken by the Election Commission in its communication dated 28.12.2008 and a flexibility thereto which we had thought it proper to apply by the present directions, we do not consider it necessary to pass any further order, save and except, insofar as the second area of grievance of the petitioners/appellant is concerned, it will be open for the Election Commission to introduce requisite flexibility in the eligibility conditions prescribed by the said communication dated 28.12.2008 to enable defence voters to be registered in the stations (Peace Station) where they are posted. 9. In terms of the aforesaid observations and directions, we deem it proper to close both the writ petitions and the appeal.