Bogus Voting and Booth Capturing

Case: Lakshman Singh Vs. State of Bihar

Coram: Justices DY Chandrachud and MR Shah

Case No: [ CrA 606 OF 2021]

Court Observation: 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 votes is necessary for strengthening democracy. It is further observed that indirect 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 that ultimately represents the will of the people. The essence of the electoral system should be to ensure the 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 elections.

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Keywords for this Judgment

Booth Capturing, Bogus Voting, Rule of Law, Supreme Court, Fair Elections, Freedom of expression & Democracy

Hon’ble Justices DY Chandrachud Judgment