The Supreme Court today referred to a larger bench the question as to whether a voter should be permitted to cast a negative vote during elections.
A two judge bench of Justices B N Agrawal and G S Singhvi said the issue needs to be examined by a larger bench as the question involved interpretation of a citizen's fundamental right.The Bench requested the Chief Justice to refer the matter to an appropriate larger bench for further consideration.
People Union for Civil Liberties (PUCL), an NGO, had approached the apex court seeking directions to the Centre to ensure amendment to the Representation of People's Act (RPA) so that a voter can mark "none of the above" in the electronic voting machine.
This is because presently a voter if he or she desires not to cast vote in favour of any candidate, he or she should mandatorily inform the presiding officer of the polling booth.
Such a pre-condition was 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.
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