Supreme Court orders to conduct of Free and Fair Elections

Recently the Supreme Court held in a judgement that the choice of a voter should be free. It stated that the secrecy of ballot ensures free and fair elections. The judgment came on an appeal against the Allahabad High Court’s decision.

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Key-Points

The decision sets aside the voting of a no-confidence motion in a zila panchayat in Uttar Pradesh in 2018.

Section 94 of the Representation of the People Act upholds the privilege of the voter to maintain confidentiality about her choice of vote.

The principle of secrecy of ballots is an important postulate of constitutional democracy. The choice of a voter should be free and the secret ballot system in a democracy ensures it.

Even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of franchise.

However, a voter can also voluntarily waive the privilege of non-disclosure. The privilege ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted. No one can prevent a voter from doing. Nor can a complaint be entertained as to why she disclosed for whom she voted.