M OMKAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner herein a Member of the legislative assembly challenges the constitutional validity of sub-r. (3) of R. 36 Andhra pradesh conduct of Election of members (Co-opted) and vice presidents of panchayat samithis and members (co-opted) chairman and vice-chairman of Zilla Parishad Rules, 1979 framed under the Andhra pradesh panchayat samithis and Zilla Parishads Act. Sub-rule (3) of R. 36 reads as follows:

(2.) The contention of the petitioner is that the said rule is unconstitutional as it offends Art. 19 (1) (a) of the Constitution. The argument proceeds on the footing that the right to vote is a right falling under Art. 19 (1) (a) which guarantees to every citizen the right to freedom of speech and expression and that the right to vote by secret ballot is implicit in the said right to freedom of speech and expression guaranteed under art. 19 (1) (a) and that the method of voting prescribed by sub-r (3) of R. 36 by show of hands violates the right guaranteed under art. 19 (1) (a) But , we are unable to agree with this submission. Assuming that the right to vote falls within the right to freedom of speech and expression under Article 19 (1) (a). The method or manner by which the said right to vote should be exercised cannot fall within the provisions of Art. 19 (1) (a). The right to vote is conferred by the statute and it is open to the legislature to prescribe by the Act or by the rules made thereunder the manner or method by which the said right can be exercised.

(3.) So far as sub-r (3) of R. 36 is concerned it is framed by the competent rule making authority in exercise of the statutory powers conferred by the main Act. Therefore the rule is intra virus the powers of th rule making authority. The only question raised is. Whether it violates the right to freedom of speech and expression guaranteed under Article 19 (1) (a). As already mentioned by us. We are unable to agree with this submission that the right to vote by secret ballot falls within the right to freedom of speech and expression under Art. 19 (1) (a) No authority of any High Court or of Supreme Court has been brought to our notice holding that the right to vote by secret ballot is a fundamental right falling under Art. 19 (1) (a).