Booth Capturing & Bogus Voting Affects Rule Of Law & Democracy; Should Be Dealt With Iron Hands: Supreme Court

Any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy, the Supreme Court observed in a judgment today (23rd July 2021)

The bench comprising Justices DY Chandrachud and MR Shah observed that the freedom of voting is a part of the freedom of expression and secrecy of casting vote is necessary for strengthening democracy.  The essence of the electoral system should be to ensure freedom of voters to exercise their free choice, the bench said.

In this case, the accused are convicted for the offences under Section 323 and 147 IPC and are sentenced to undergo six months simple imprisonment. The accused had allegedly formed an unlawful assembly "to snatch the voters list and to cast bogus voting" and attacked some political workers during an election.

Dismissing their appeals, the court observed that once the unlawful assembly is established in prosecution of the common object, i.e., in the present case, "to snatch the voters list and to cast bogus voting", each member of the unlawful assembly is guilty of the offence of rioting. Some may encourage by words, others by signs while others may actually cause hurt and yet all the members of the unlawful assembly would be equally guilty of rioting, the bench said.

Taking note of the lenient view taken by the Trial Court which imposed the sentence of only six months simple imprisonment, the bench observed:

10...In the case of People"s Union for Civil Liberties (supra), it is observed by this Court that freedom of voting is a part of the freedom of expression. It is further observed that secrecy of casting vote is necessary for strengthening democracy. It is further observed that in direct elections of Lok Sabha or State Legislature, maintenance of secrecy is a must and is insisted upon all over the world in democracies where direct elections are involved to ensure that a voter casts his vote without any fear or being victimised if his vote is disclosed. It is further observed that democracy and free elections are a part of the basic structure of the Constitution. It is also further observed that the election is a mechanism which ultimately represents the will of the people. The essence of the electoral system should be to ensure freedom of voters to exercise their free choice. Therefore, any attempt of booth capturing and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy. Nobody can be permitted to dilute the right to free and fair election.

The bench did not alter the sentence imposed since the state did not file appeal.

Case: Lakshman Singh Vs. State of Bihar [ CrA 606 OF 2021]

Coram: Justices DY Chandrachud and MR Shah

Citation: LL 2021 SC 319

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