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2013 (10) TMI 1154 - SC - Indian LawsRight to not to vote - None of the Above (NOTA) option - Constitutional validity of Rules 41(2) (3) and 49-O of the Conduct of Election Rules 1961 - Violation of the secrecy of voting - Held that - Free and fair election is a basic structure of the Constitution and necessarily includes within its ambit the right of an elector to cast his vote without fear of reprisal duress or coercion. Protection of elector s identity and affording secrecy is therefore integral to free and fair elections and an arbitrary distinction between the voter who casts his vote and the voter who does not cast his vote is violative of Article 14. Thus secrecy is required to be maintained for both categories of persons - Giving right to a voter not to vote for any candidate while protecting his right of secrecy is extremely important in a democracy. Such an option gives the voter the right to express his disapproval with the kind of candidates that are being put up by the political parties. When the political parties will realize that a large number of people are expressing their disapproval with the candidates being put up by them gradually there will be a systemic change and the political parties will be forced to accept the will of the people and field candidates who are known for their integrity - 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. Inasmuch as the Election Commission itself is in favour of the provision for NOTA in EVMs we direct the Election Commission to implement the same either in a phased manner or at a time with the assistance of the Government of India. We also direct the Government of India to provide necessary help for implementation of the above direction. Besides we also direct the Election Commission to undertake awareness programmes to educate the masses - Decided in favour of petitioner.
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