In Brief
Lok Prahari challenged the constitutional validity of Rule 39-AA of the Conduct of Election Rules 1961, which requires electors in Council of States elections who are party members to disclose their marked ballot to an authorized party agent, and the proviso to Section 33 of the Representation of the People Act 1951, which requires independent candidates to have ten proposers. The Supreme Court dismissed the petition, holding that the open ballot system is a legitimate regulatory measure to prevent cross-voting and maintain party discipline in proportional representation elections, distinct from general elections. The Rule does not take away the right to vote but only regulates it; voters forfeit the right only if they refuse disclosure. The ten-proposer requirement is a valid legislative policy matter not per se discriminatory.
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