Open ballot

Polity & Governance glossary

Also called: Rule 39AA · Topic: Elections and the Electoral System · NCERT: Beyond NCERT

Meaning

The open ballot is a voting rule used only in Rajya Sabha elections. A party MLA must show the marked ballot to the party's authorised agent before putting it in the box. It was introduced in 2003 under Section 59 of the RPA 1951 and Rule 39AA of the election rules. Its purpose is to curb cross-voting and the use of money to buy legislators' votes. The Supreme Court upheld it in Kuldip Nayar (2006).

Example

In a Rajya Sabha poll, a party MLA marks the ballot and shows it to the party's agent. The party then knows at once whether the MLA voted for its candidate.

Don't confuse with

  • Secret ballot: in Lok Sabha, assembly, presidential and vice-presidential elections, no one may know how a person voted. Breaking this secrecy is punishable under s.128 RPA 1951.

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