PIL Challenging Conduct Of Election Rules Listed On 27th March Before Supreme Court

The Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala decided to list the petition filed by the NGO Lok Prahari, challenging the Conduct Of Election Rules, 1961 on 27 March 2023. 

The petition challenged the Rules to the effect that as per the rules if an MLA did not show his marked ballot paper to the polling agent of the party, his vote would be cancelled. The counsel for petitioner argued that since the Union of India had not filed the response in last 28 months, the petitioner should be granted interim relief of staying the effect and operation of the impugned provisions. 

However, the bench was not inclined to grant interim relief and stated that since the matter required some consideration it had to be placed on a non-miscellaneous day. CJI DY Chandrachud said–

"It challenges the validity of the Central Election Rule for secret ballot for electing members of the Rajya Sabha. It requires some consideration." 

The counsel for petitioner stated that if the interim relief of staying the provisions could not be granted, another relief in form of holding the results of the elections held meanwhile to be subject to the outcome of the petition. 

The CJI stated that the petition was directly in the teeth of the judgement in Kuldip Nayar v. Union of India and required a proper hearing. 

In the Kuldip Nayar judgement, the court found no violation of any constitutional provision or principle in the amended Section 59 of RP Act insofar as it required election to Rajya Sabha by open ballot. The court held that secrecy of ballot was not essential feature of democracy.

However, the petitioner argued that the provisions challenged under the present petition were not under challenge in the case of Kuldip Nayar. He said–

"This rule–it says that if an MLA does not show his marked ballot paper to the polling agent of the party, his vote will be cancelled and will not be counted. This is the constitutional right of the MLAs under Article 80 and Article 173. It is hit by the doctrine of unconstitutional condition. We have challenged the Rules. We have not challenged the provisions of the Act."

The bench stated that it would list the matter on 27th March 2023 and requested the counsels for both the parties to circulate a short note on the matter.

Case Title: Lok Prahari v. UoI And Ors. WP(C) No. 1141/2020 PIL