The Supreme Court on Monday asked a larger bench to decide on a 'no vote' choice for voters as the question involved interpretation of a citizen's fundamental right. A bench of justices BN Agrawal and GS Singhvi said the bench would also examine the "width and amplitude" of the EC's powers under Article 324.

The court said earlier judgments create a doubt whether the voter's right to exercise his choice was a necessary concomitant of the voter's freedom of expression guaranteed under Article 19(1)(a). 

The election commission (EC) has already supported the petitioner, People Union for Civil Liberties (PUCL), in its contention that voters be given 'no vote' choice in electronic voting machines (EVMs). But the Centre says this right cannot be given as the right to vote strictly means to put a stamp in favour of a candidate.

Judges said PUCL and DMK leader Era Sezhiyan have sought striking down of Rules 41(2) and 49-O and issue of a direction to the EC to make appropriate provision to enable voters to exercise their right to negative voting and keep exercise of this right secret.

They also referred to the EC's December 10, 2001 letter saying it favoured the electors' right to negative voting. The petitioners said EC could pass direction under Article 324 and modify existing EVMs.

In his affidavit, EC secretary KF Wilfred said the voter may like to refrain from voting for several reasons, including not liking any candidate. This can be expressed by staying away from polling or by going to the station and informing the presiding officer or by "positively discarding" candidates.

Wilfred said EC considered providing a separate panel in EVMs to reject candidates. Letters to this effect were sent to the law ministry. But, Act amendment remained.

Rakesh Bhatnagar/ DNA-Daily News & Analysis Source: 3D Syndication