Why in the news?
A three-judge Bench of Justices N.V. Ramana, Sanjeev Khanna and Krishna Murari of Supreme Court on June 21, 2020 observed that secrecy of ballot is the cornerstone of free and fair elections. The choice of a voter should be free and the secret ballot system in a democracy ensures it, the Supreme Court has held in a judgment.
What the Supreme Court said?
The bench said that the principle of secrecy of ballots is an important postulate of constitutional democracy.
The bench also said that “It is the policy of law to protect the right of voters to secrecy of the ballot.
However, a voter can also voluntarily waive the privilege of non-disclosure, said the SC. The privilege ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted.
What was the issue?
The above judgment came on an appeal against the Allahabad High Court decision setting aside the voting of a no-confidence motion in the zila panchayat of the Panchayat Adhyaksha in Uttar Pradesh in 2018.
The Allahabad High Court found that some of the panchayat members had violated the rule of secrecy of ballot. It relied on CCTV footage to conclude that they had either displayed the ballot papers or by their conduct revealed the manner in which they had voted.
What are the legal provisions?
Section 94: Section 94 of the Representation of the People Act 1951 upholds the privilege of the voter to maintain confidentiality about her choice of vote. The section says that no witness or other person shall be required to state for whom he has voted at an election. Provided that this section shall not apply to such witness or other person where he has voted by open ballot.
Section 28(8) of the Uttar Pradesh Kshettra Panchayat: Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 provision states that a motion of no confidence shall be put to vote in the prescribed manner by secret ballot.
Source: The Hindu
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