People’s Union for Civil Liberties & Anr. Vs. Union of India & Anr.
Election – Right of “Not to Vote”
2013 STPL(Web) 796 SC
Writ Petition (Civil) No. 161 of 2004-
we hold that Rules 41(2) & (3) and 49-O of the Rules are ultra vires Section 128 of the RP Act and Article 19(1)(a) of the Constitution to the extent they violate secrecy of voting. In view of our conclusion, we direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy.Sup read more….