Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | REPRESENTATION OF THE PEOPLE ACT 1951/CONDUCT ' OF ELECTION RULES 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | REPRESENTATION OF THE PEOPLE ACT, 1951 CONDUCT OF ELECTION RULES, 1951: Sections 33A, 33B!Rules 41(2) and 49-0 - Right to negative voting and to keep it secret - Appropriate directions to Election Commission to make necessary provision in the ballot papers and in Electronic Voting Machines - Prayed for in Writ Petition - Held: C. B. Judgment in Kuldip Nayar's case has not overruled or discarded the ratio in Association for Democratic Reforms and PUCL, both by 3 Judges Bench, tends to create a doubt whether the right of voter to exercise his choice for the candidate is a necessary concomitant of the voter's freedom of expression' guaranteed under Article 19(1)(a) of the Constitution - Thus the issue needs a clear exposition of law by a larger Bench - Also the width and amplitude of the power of the Election Commission under Article 324 of the Constitution needs further consideration by a larger Bench in the light of Supreme Court Judgments recognizing elector's right to be informed of the assets and antecedents of the candidates - Reference to larger Bench. In the Writ Petition, the petitioners have prayed for striking down Rules 41 (2) and 49-0 of the Conduct of Election Rules, 1961 and for a direction to the Election Commission to make appropriate provision in the ballot papers and Electronic Voting Machines (EVMs) so as to enable the voters to exercise their right of negative voting . and also ensure that exercise of such right is kept secret. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2009 INSC 238 |
Petitioner | People`s Union For Civil Liberties And Another |
Respondent | Union Of India And Another |
SCR | [2009] 2 S.C.R. 921 |
Judgement Date | 2009-02-23 |
Case Number | 161 |
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