As Gandhian crusader Anna Hazare’s threat to launch a new agitation on electoral reforms virtually has put political parties on notice to take a clear stand on yet another contentions issue, the focus has shifted to the Supreme Court with a constitution bench seized of a PIL for enforcing the rule on “negative” voting.
After much deliberations by a division bench for over four years on a PIL by People’s Union of Civil Liberties (PUCL) raising the issue, the case was referred to a constitution bench in February 2009, even as the EC in principle had supported the demand of “negative” voting.
With Mr Hazare bringing the issue to the central stage, the PUCL is planning to file a fresh application in the top court for early hearing of its 2004 PIL.
The PUCL has made two-fold prayer; direction to the government for bringing an amendment in the Representation of People Act (RPA) to enable the EC to make a facility in the electronic voting machines (EVMs) for “negative” vote and restoration of Rule 49-O in this regard.
The PUCL had explained that when votes were cast through ballot papers, a voter had a right to drop a ballot without marking preference of any candidate and such a vote was counted as a “rejection” vote by the EC under ‘Rule 49-O’ of the Conduct of Election Rules, 1961.
The civil rights body had also stated that there were several instances in every General Election of casting blank votes enmass in many booths with the people registering their total “rejection” of all the contesting candidates.
But with the introduction of EVMs, this right was “snatched” away from the voters not due to any amendment in the rule but because of the introduction of a new technology as machines did not have such a facility.
Hence it was not only “illegal” but deprived the citizens of their a right of recording the “rejection” vote, PUCL had said.
As a division bench of the top court found “substance” in PUCL’s plea raising an important question of law, it had requested the CJI to place the case before constitution bench.