SC reiterates: Maintenance of free and fair elections is one of the Fundamental Principle of Election Laws [Read Judgment]

On, 19^th June 2020, the Supreme Court of India, comprising of 3 judge bench, Justice N.V Ramana, Justice Sanjiv Khanna and Justice Krishna Murari, in the case of Laxmi Singh and ors vs. Rekha Singh and ors observed that one of the fundamental principles of election law pertains to the maintenance of free and fair elections, ensuring the purity of elections.

Facts

Some elected members of the Zila Panchayat, Prayagraj, U.P moved a motion of no confidence against the Panchayat Adhyaksha. Additional District Judge, Allahabad acted as the Presiding Officer in the meeting of the Zila Panchayat. In the meeting, 48 out of 51 members voted in favor of the motion and two voted against and one vote rejected as invalid. The presiding officer declared that the Motion was passed by the majority of more than half of the total elected members of the Zila Panchayat.

High Court decision

The High Court of Judicature at Allahabad set aside the meeting approving the Motion, on the ground that some of the members had violated the rule of secrecy of the ballot. The High Court held in the impugned judgment that there was a violation of Rules 4 and 7 of 1966 Rules, and further held that disclosure of vote during the non-confidence motion was in violation of the statutory scheme governing the same in the State and would affect the purity of elections. The High Court, therefore, set aside the minutes of the non-confidence motion.

Petitioner Contentions

The Petitioner submitted that the impugned judgment is not in line with the holdings of this Court regarding secrecy of voting. The Petitioners claimed that the principle of secrecy of the ballot is based on public policy aimed at ensuring that the voter cast their vote without fear or favor and without any apprehension of the disclosure.

The Petitioners further submitted “that the High Court, notwithstanding the aforesaid dictum, has wrongly held that the voluntary waiver principle could not apply to the case in hand with respect to the members of the Zila Panchayat voting on a no-confidence motion.”

Supreme Court Observations and Decisions

Supreme Court observed that one of the fundamental principles of election law pertains to the maintenance of free and fair elections, ensuring the purity of elections. The principle of secrecy of ballots is an important postulate of constitutional democracy whose aim is the achievement of this goal.

The Court stated that “In the light of the above, we feel that ends of justice will be met if the Motion is put to revote at a meeting of the Zila Panchayat by way of the secret ballot with the District Judge, Allahabad himself or his nominee Additional District Judge, Allahabad, acting as the Presiding Officer on a date and time to be fixed by the District Judge, which shall not be later than two months from today. This would, in our opinion, be a just and fair direction in the factual matrix of the present case given the respective contentions and stand of the parties.” 

Further, the Court disposed of the appeals, leaving the question of law open.

Read Judgment @LatestLaws.com