The Gujarat High Court today stayed the implementation of a law that makes voting compulsory in the civic body elections in the state.
Gujarat High Court has stayed implementation of the compulsory voting in the panchayat and municipal polls under the provision of Gujarat Local Authorities Laws (Amendment) Act, 2009.
Ruling in this regard was given by High Court Bench comprising Acting Chief Justice Jayant Patel and Justice J.B. Pardiwala on public interest litigation (PIL) challenging the constitutional validity of the Act.
The 'right to vote' itself provides right to refrain from voting and it cannot be turned into 'duty of voting', the High Court said while acting on a petition challenging the Gujarat Local Authorities (Amendment) Act 2009, which makes voting mandatory in local body polls in the state.
About
- Gujarat had become the first state in India to make voting compulsory in local polls after Governor O.P. Kohli gave assent to Gujarat Local Authorities Laws (Amendment) Bill, 2009 in November 2014.
- The law had strict provision mentioning that any person in state, who does not vote in the local body polls, will be liable for penal action and punishment.
- It also had empowered the State Election Commission to declare an absent voter as defaulter, except in case person out of station or illness.
- Subsequently, State government also had framed rules for implementation of this Act by pertaining to the penal actions to be initiated against those who do not exercise their franchise in the municipal and district panchayat polls.
- The local body polls in 253 municipalities, 208 taluka panchayats, 26 district panchayats and six municipal corporations are expected to be held in October this year