No compulsory voting in Guj civic polls: HC

Gujarat’s controversial legislation making voting compulsory in civic body polls and imposing a fine for any violation was on Friday stayed by the state High Court which observed that the ‘right to vote’ itself provided right to refrain from voting.

A fine of Rs 100 is to be levied on voters if a registered voter failed to vote in the local body polls in the state without giving any valid reasons under rules notified by the state government early this month for implementation of the compulsory voting law. The polls are expected to be held in October.

The ‘right to vote’ itself provides right to refrain from voting and it cannot be turned into ‘duty of voting’, the Court observed while admitting a petition challenging the Gujarat Local Authorities (Amendment) Act 2009, which makes voting mandatory in local body polls in the state.

The High Court division bench of acting Chief Justice Jayant Patel and Justice N V Anjariya stayed implementation of compulsory voting while admitting the plea filed by lawyer K R Koshti 

against the Act.