VidhiSangh

Supreme Court of India · 27/03/2023

LOK PRAHARI versus UNION OF INDIA & ORS

[2023] 7 S.C.R. 357 · 2023 INSC 302

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A registered society challenged under Article 32 Rule 39-AA of the Conduct of Election Rules, 1961, which requires a legislator voting in a Council of States election to show the marked ballot to his party's authorised agent and provides for cancellation on refusal, and the proviso to Section 33 of the Representation of the People Act, 1951, which requires ten proposers for a candidate not set up by a recognised party. The Supreme Court dismissed the petition: the challenge to the open ballot rule fails under the Constitution Bench decision in Kuldip Nayar, which upheld it as a regulation of the vote to prevent cross-voting and protect party discipline; the rule cannot be read down to require the Presiding Officer to disclose the vote where the elector refuses; and the ten-proposer requirement is legislative policy and not discriminatory.

Issues

  1. Whether Rule 39-AA of the Conduct of Election Rules, 1961, providing for open ballot and cancellation of the ballot of an elector who refuses to show it to his party's agent, is ultra vires Article 80(4), violative of Article 14 or contrary to Section 123(2) of the Representation of the People Act, 1951, or should be read down.
  2. Whether the proviso to Section 33(1) of the Representation of the People Act, 1951 requiring ten proposers for a candidate not set up by a recognised political party is unconstitutional.

Provisions considered

Held

Result

Writ petition dismissed; challenges to Rule 39-AA of the Conduct of Election Rules, 1961 and to the proviso to Section 33(1) of the Representation of the People Act, 1951 rejected; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 357.