Context:

• Supreme Court judgment on rule of secrecy of ballot. Background:

• During the voting of a no-confidence motion in the zila panchayat of the Panchayat Adhyaksha in Uttar Pradesh in 2018, it was found that some of the panchayat members had violated the rule of secrecy of ballot. The Panchayat members had either displayed the ballot papers or by their conduct revealed the manner in which they had voted.

• This was challenged in the Allahabad High Court, which had annulled the vote of no confidence. This judgment of the Allahabad High Court was challenged in the Supreme Court. Details:

• The Supreme Court has ordered a re-vote of the motion within the next two months to be conducted by the secret ballot system. It ordered the Allahabad District Judge or his nominee to act as the presiding officer.

• The Supreme Court referred to Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961. This provision states that a motion of no confidence shall be put to vote in the prescribed manner by secret ballot.

• Section 94 of the Representation of the People Act also upholds the privilege of the voter to maintain confidentiality about her choice of vote. Important observations:

• In its judgment, the Supreme Court has made some important observations. Free and fair elections:

• The Court noted that even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of franchise.

• The Court held that the choice of a voter should be free and the secret ballot system in a democracy ensures it. It held the secrecy of ballot as the cornerstone of free and fair elections and the principle of secrecy of ballots as an important postulate of constitutional democracy. Voters’ privilege:

• The Supreme Court judgment notes that a voter can also voluntarily waive the privilege of non-disclosure. The privilege of secrecy ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted. No one can prevent a voter from doing so. Nor can a complaint be entertained on this disclosure