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may 2006

Supreme Court of India · 2006-05-05

Nayini Narasimha Reddy vs Dr. K. Laxman And Ors

Court
Supreme Court of India
Petitioner
Nayini Narasimha Reddy
Respondent
Dr. K. Laxman And Ors
Author
P.K. Balasubramanyan
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that under Section 94 of the Representation of the People Act, 1951, a voter cannot be compelled to disclose their voting preference, thereby preserving the secrecy of the ballot. The Court clarified that the privilege against self-incrimination can only be claimed by a witness after they have taken the stand, and the witness has the right to waive this privilege. The Court emphasized that the integrity of the electoral process is paramount, and the privilege cannot be invoked preemptively by a party to an election petition.

Nayini Narasimha Reddy vs Dr. K. Laxman And Ors · Niyam