Negative vote: SC sends plea to larger Bench

Acknowledging that in a democracy,a voter must be in a position to vote for a candidate of his choice,a two-judge Bench of the Supreme Court on Monday wanted the issue of whether a voter should be permitted to cast a negative vote during elections to be examined by a larger Bench.

Referring to a PIL filed way back in 2004 by NGO People’s Union for Civil Liberties (PUCL) to the CJI for appropriate directions,the Bench of Justices B N Agrawal and G S Singhvi said “this issue needs a clear exposition of law by a larger Bench”,as the question involved interpretation of a citizen’s fundamental right.

The PUCL had approached the apex court seeking directions to the Centre to ensure amendment to the Representation of People Act (RPA) so that a voter could mark “none of the above” in the electronic voting machine.

Presently,if a voter desires not to cast vote in favour of any candidate, should mandatorily inform the presiding officer of the polling booth. Such a precondition is violative of the citizens right under Article 19(2) (Freedom of Expression and Speech) and makes the voter vulnerable to threats and intimidation from political parties,the PUCL had stated.