The essence of the electoral system should be to ensure freedom of voters to exercise their free choice: Supreme Court

The Supreme Court in the case of Lakshman Singh v. State of Bihar observed that freedom of voting is a part of the freedom of expression and secrecy of casting vote is necessary for strengthening democracy.

In the present case, the accused was convicted for the offences under Section 323 and 147 of IPC for allegedly forming an unlawful assembly with a common object-“to snatch the voters list and to cast bogus voting” and for attacking some political workers during an election. The bench comprising of Justice DY Chandrachud and MR Shah, while dismissing their appeals observed that the unlawful assembly was established in the prosecution of the common object hence each member of unlawful assembly is guilty of the offence of rioting. The Bench elaborated by saying that some may encourage by words, others by signs while others may actually cause hurt and yet all the members of the unlawful assembly would be equally liable for rioting. The Trial Court sentenced the accused to undergo six months simple imprisonment which is not altered by the Supreme Court Bench.

Referring to the case of the People’s Union for Civil Liberties (2013) 10 SCC 1, the Court observed that democracy and free elections are part of the basic structure of the Constitution and election is a mechanism that ultimately represents the will of the people. The essence of the electoral system should be to ensure freedom of voters to exercise their free choice. The Supreme Court highlighting the importance of freedom of voting in a democratic country observed that 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 and nobody can be permitted to dilute the right to free and fair election.