Supreme Court of India · 2006-05-05
NAYINI NARASIMHA REDDY vs K. LAXMAN .
- Citation / case number
- SC 2005/6720
- Court
- Supreme Court of India
- Petitioner
- NAYINI NARASIMHA REDDY
- Respondent
- K. LAXMAN .
- Author
- S.B. SINHA
- Bench
- S.B. SINHA
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 when summoned as a witness in an election petition. The Court emphasized that this provision is designed to preserve the secrecy of the ballot and that the privilege against self-incrimination can only be claimed after the witness has taken the stand. The Court ruled that the appellant cannot impose this privilege on the witness, affirming the witness's right to decide whether to disclose their electoral preference.