Yesterday, the Supreme Court rejected a petition filed by NGO Lok Prahari challenging certain provisions of the Conduct Of Election Rules, 1961 which provide for an open ballot system in Rajya Sabha polls. A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala.,

The bench noted that the said case was earlier upheld by a constitution bench of the Supreme court in the case of Kuldeep Nayyar vs Union Of India and there was no need to tinker with the same.

"The Court in Kuldeep Nayyar held that underlining basis of open ballot was needed to prevent cross voting and maintain party discipline," the bench said.

The petitioner approaches Supreme Court challenging the constitutional validity of the amendment which added Rule 39AA, thereby, introducing the open ballot system in February 2004. The rule requires an MLA or an MP to show their ballot paper to a polling agent during Rajya Sabha and state legislative council polls.

In its Petition, it was submitted that the amendment was violative of Articles 80(4) and 14 of the Constitution besides being contrary to section 123(2) of the Representation of People Act (RPA).

However, while rejecting the petition, the Court underscored that the open ballot system was only in place to prevent cross-voting and thus does not violate the concept of free and fair elections.