Tagged “conduct-of-election-rules”

People's Union for Civil Liberties v. Union of India (2013): the right to reject and the birth of NOTA

The Supreme Court held that a voter's choice to reject every candidate is part of the freedom of expression under Article 19(1)(a), directed the Election Commission to add a 'None of the Above' button on EVMs and ballots, and required that the negative vote be cast in secrecy. Rules 41(2)&(3) and 49-O of the Conduct of Election Rules, to the extent they breached that secrecy, were struck down.