Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 – Rule 39-AA – Representation of the People Act Conduct of Election Rules 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Conduct of Election Rules, 1961 – Rule 39-AA –Representation of the People Act, 1951 – ss. 59, 94 and 128(1),amended by Act of 2003 – Challenge to r. 39-AA – Petitioner haschallenged the constitutional validity of rule 39-AA on the groundthat the said rule violates Art. 80(4), Art.14 of the Constitution andis also contrary to s.123 of the Representation of the People Act,1951 – Held: The Constitution Bench in Kuldip Nayar v. Union ofIndia held that after the amendment, voting to the Council of Stateshas undergone a material change and that the norm of voting by asecret ballot has been replaced by open ballot – The ConstitutionBench held that it is only a voter at such an election who refuses toshow the ballot to the authorised agent of his political party, whoforfeits the right to vote – The Court then held that the open ballotsystem which has been put in position “does not mean open to oneand all” and it is only the authorised agent of the political partywho is allowed to see and verify the person for whom the electorhas cast a vote – The Court held that the underlying basis of thechange in the norm, to an open ballot, was necessitated to preventcross-voting and the flouting of party discipline – Therefore, thechallenge must fail in view of the judgment of the Constitution Bench.Representation of the People Act, 1951 – proviso to s.33 –Challenge to – Held: The proviso stipulates that a candidate who isnot set up by a recognized political party shall not be deemed to beduly nominated for election unless the nomination paper issubscribed by ten proposers who are electors of the constituency –This lies purely in the realm of legislative policy – There is nothingper se discriminatory in the provision – Parliament is entitled toregulate the manner in which nomination papers should be presentedand the requirements for a valid nomination. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 302 |
Petitioner | Lok Prahari |
Respondent | Union Of India & Ors |
SCR | [2023] 7 S.C.R. 357 |
Judgement Date | 2023-03-27 |
Case Number | 1141 |
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