CASE BRIEF

CASE NAME AND CASE LAW ;

People’s Union for Civil Liberties vs. Union of India & Anr. (NOTA
Case) writ petition (civil) no. 161 OF 2004 Citation (2013) 10 SCC
(sec 128 of Representation of the People’s Act,1951)

FACTS;

PUCL, a civil rights NGO, filed a writ petition under Article 32

challenging the constitutional validity of Rules 41(2) & (3) and 49-
O of the Conduct of Election Rules, 1961 stating that these
provisions violate the secrecy of voting which is fundamental to
the free and fair elections and is required to be maintained as per
Section 128 of the Representation of the Peoples Act, 1951 and
Rules 39 and 49-M of the Rules.

ISSUE;
The primary issue was that whether the rules 41(2)(3) and 49 O of
conduct election rules,1961 violate the fundamental rights of the
voter?

JUDGEMENT;
The Honorable Supreme Court on September27,2013 by a three
judge bench of Justice P Sathasivam, Justice Ranjana Prakash
Desai, Justice Ranjan Gogoi held that - since freedom to vote
naturally includes the freedom not to vote, it would be arbitrary to
extend secrecy to one and not to other the Court came to the
conclusion and directed the Election Commission to incorporate
the NOTA button in the electronic voting machines and rules
41(2) & (3) and 49-O of the Rules were ultra vires to Sec 128 of
the Act and also A. 19 (1)(a) of the Constitution of India