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may 2006

Supreme Court of India · 2006-05-05

Nayani Narasimha Reddy vs Dr. K. Laxman & Others

Court
Supreme Court of India
Petitioner
Nayani Narasimha Reddy
Respondent
Dr. K. Laxman & Others
Author
P.K. Balasubramanyan
Bench
P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court interpreted Section 94 of the Representation of the People Act, 1951, affirming that a voter cannot be compelled to disclose their voting preference when summoned as a witness in an election petition. The Court established that the privilege against self-incrimination can only be claimed after a witness has taken the stand and a relevant question is posed, emphasizing that the right to confidentiality in voting is paramount. The appeal was dismissed, upholding the principle of voter secrecy and the autonomy of witnesses in deciding whether to disclose their electoral choices.

Nayani Narasimha Reddy vs Dr. K. Laxman & Others · Niyam