Supreme Court of India
Lok Prahari v. Union of India & Ors
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What the Court ordered
In view of the above discussion, we find no merit in the petition.
Judgment, page 9
From the headnote
Conduct of Election Rules, 1961 – Rule 39-AA – Representation of the People Act, 1951 – ss. 59, 94 and 128(1), amended by Act of 2003 – Challenge to r. 39-AA – Petitio ner has challenged the constitutional validity of rule 39-AA on the ground that the said rule violates Art. 80(4), Art.14 of the Constituti on and is also contrary to s.123 of the Representation of t he People Act, 1951 – Held: The Constitution Bench in Kuldip Nayar v. U nion of India held that after the amendment, voting to the Council of States has undergone a material change and that the norm of voting by a secret ballot has
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