PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHER versus UNION OF INDIA AND ANOTHER

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHER versus UNION OF INDIA AND ANOTHER

There is uncertainty whether the right of a voter to exercise choice for a candidate is a necessary concomitant of the voter's freedom of expression under Article 19(1)(a) and the width and amplitude of the Election Commission's powers under Article 324 require clarification. Issue referred to larger Bench.

Parties
Petitioner: People's Union for Civil Liberties and Another; Respondent: Union of India and Another; Respondent: Union of India
Jurisdiction
India
Judgment Date
23 February 2009
Procedural Posture
Writ Petition (civil) No.161 of 2004 / Reference to Larger Bench
Outcome
Matter referred to larger Bench
Legal Topics
Freedom of Expression, Electoral Procedure, Right to Negative Voting, Secrecy of Ballot, Powers of Election Commission
Constitutional Law Election Law Civil Liberties Freedom of Expression Electoral Procedure Right to Negative Voting Secrecy of Ballot Powers of Election Commission

Case Brief

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Parties

People's Union for Civil Liberties and Another

Petitioner

Union of India and Another

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No.161 of 2004 / Reference to Larger Bench

Legal Issues

  1. 1 Whether Rules 41(2) and 49-O of the Conduct of Election Rules, 1961 infringe the right to negative voting and secrecy of voting.
  2. 2 Whether the right of a voter to exercise choice for a candidate is a necessary concomitant of freedom of expression under Article 19(1)(a) of the Constitution.
  3. 3 Whether the powers of the Election Commission under Article 324 includes directions on negative voting and transparency.

Ratio Decidendi

There is uncertainty whether the right of a voter to exercise choice for a candidate is a necessary concomitant of the voter's freedom of expression under Article 19(1)(a) and the width and amplitude of the Election Commission's powers under Article 324 require clarification. Issue referred to larger Bench.

Court Disposition

Matter referred to larger Bench

Orders

  • File may be placed before Hon'ble the Chief Justice for appropriate order.