The Principale of secret ballot and The People representation Act 1951

 

  The Principale of secret ballot and The People representation Act 1951

Recently, The Principle of secret ballot is the highlighted issues due to Laxmi Singh and others Vs. Rekha Singh and others case (Held on 19 June 2020)

                     

     In this case three judges bench N.V. Raman, Justice, Sanjeev Khanna, Justice and Krishna Murari, Justice of Supreme court observe that principle of secret ballot is an important condition of constitutional democracy and referred to section 94 of the the Representation of The People Act, 1951 according to this independent and free, fair and impartial election is one of the the basic principles of election law which provides a certainty of cleanliness of election. Thus the choice of voters should be free because it ensured by the secret ballot system in democracy. 

  What is the matter ?

       This Judgement came on an appeal against the Allahabad High court decision, setting aside  the voting of a no confidence motion in a Zila Panchayat in UP in 2018.

👉 High court found that some members of the Zila panchayat have violated the rule of secrecy of ballot.

👉 The supreme court refferd to section 28 (8) of  Uttar Pradesh kshetra panchayat and zila Panchayat Act, 1961 and order to  revote of the motion within the two months by the secret ballot system.

What is the secret ballot election ?

    

       Secret ballot is law of election which is ensure that all votes must be cast through secret ballot so that voters may not affected by other people and no one can know that whom electors have elected at the time of election.

👉 First time secret ballot was started in the Victoria and South Australia states of Australia in 1856, that is why secret ballot is also known as Australia ballot.

People Representation Act, 1951

        Actual conduction of election and by elections are governed by the provisions of the People Representation Act, 1951. 

There are some key points of the People Representation Act,1951-

👉 It regulates the actual conduct of elections and by elections.

👉 It Provides administrative machinery for conducting elections.

👉 It deals with the  registration of political parties.

👉 It is specified the qualifications and disqualifications for membership of the house.

👉 It provides provisions to curb corrupt practices and other offences.

👉 It lays down the procedure for setting doubts and disputes of elections.

Constitutional provisions

     The  Constitution makers Incorporated part 15 and article 324 to 329 regarding election in the Indian Constitution and empowered to Parliament to make laws to regulate the electoral process to ensure the conduct of elections in free, fair and in an impartial manner. 

Article 324 of Constitution provides establishment of election commission of India it is is the watchdog of free and fair election in the country. 

Article 325 provides that no person to be ineligible for inclusion in or claim to be included in a special electoral roll on the ground of religion, race, caste or sex.

Article 326 talks about adult suffrage.

Article 327 provides the power to parliament to make provisions with the respect to election to legislatures.

Article 328 power of legislation of state to make provision with respect to elections to such legislature.

Article 329 Bar to interference by court in electoral matters.

     Consequently, the law must protect the rights of voters to the secretary of ballot. Even a remote or distinct possibility that a voters can be forced to disclose for whom she or he has voted would act as a possible positive constraint and a check on the freedom of exercise the franchise so that free, fair and impartial election may be conducted. 

                   ✍️Vikas_Deep