PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR. versus UNION OF INDIA & ANR.

PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR. versus UNION OF INDIA & ANR.

Rules 41(2), (3) and 49-0 of Conduct of Election Rules, 1961, to the extent they violate secrecy for those who abstain from voting, are arbitrary, unreasonable, and ultra vires Article 19(1)(a) of the Constitution and ss. 79(d) and 128 of the Representation of the People Act. The right not to vote, while maintaining secrecy, is part of the fundamental right of expression under Article 19(1)(a). The Election Commission is directed to provide NOTA option in EVMs/ballot papers so that the voters may exercise their right not to vote while maintaining secrecy.

Parties
Petitioner: People's Union for Civil Liberties; Respondent: Union of India; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
27 September 2013
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petition disposed
Legal Topics
Freedom of Speech and Expression, Right to Vote, Secrecy of Voting, Negative Voting, Conduct of Election Rules, Ultra Vires, Fundamental Rights
Constitutional Law Election Law Freedom of Speech and Expression Right to Vote Secrecy of Voting Negative Voting Conduct of Election Rules Ultra Vires +1 more

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Parties

People's Union for Civil Liberties

Petitioner

Union of India

Respondent

Election Commission of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether rr. 41(2), (3) and 49-0 of the Conduct of Election Rules, 1961 violate the secrecy of voting and are ultra vires the Constitution and Representation of the People Act, 1951.
  2. 2 Whether the right not to vote, while maintaining secrecy, is part of the voter's fundamental right of expression under Article 19(1)(a).

Ratio Decidendi

Rules 41(2), (3) and 49-0 of Conduct of Election Rules, 1961, to the extent they violate secrecy for those who abstain from voting, are arbitrary, unreasonable, and ultra vires Article 19(1)(a) of the Constitution and ss. 79(d) and 128 of the Representation of the People Act. The right not to vote, while maintaining secrecy, is part of the fundamental right of expression under Article 19(1)(a). The Election Commission is directed to provide NOTA option in EVMs/ballot papers so that the voters may exercise their right not to vote while maintaining secrecy.

Court Disposition

Writ petition disposed

Orders

  • Rules 41(2), (3) and 49-0 of Conduct of Election Rules, 1961, are ultra vires Section 128 of the RP Act and Article 19(1)(a) of the Constitution to the extent they violate secrecy of voting.
  • Election Commission directed to provide NOTA option in EVMs/ballot papers.