Chittaranjan Ghanshyambhai Brahmbhatt vs State of Gujarat and Others

P.R. Gokulakrishnan, C.J.—This Special Civil Application challenges amended Rules 9(2) and 9(4) of the Gujarat Municipalities (President and Vice President) (Election) Rules, 1964, which came into force by the Gujarat Notification dated 17-10-1987. The petitioner came with this Special Civil Application before the election of the President and Vice President, stating that as per the amended Rule 9(2), the meeting that will be convened for the purpose of electing the President, will elect the President by show of hands and if that be it will be against the provisions of the Gujarat Municipalities Act. We issued notice to respondents and refused the interim relief on 21-6-1989. After notice, it comes up before us. Mr. M.C. Shah, Advocate, appears for the Municipality, the 4th respondent herein. Notice has also been served upon the State of Gujarat. Mr. Amin, the learned Counsel appearing for the petitioner, canvass before us that the amendment to Rule 9(2) as it stands today, is in contravention of Section 19 of the Gujarat Municipalities Act. Except this contention. Mr. Amin has not putforth any other contention. Section 19 of the Gujarat Municipalities Act reads as under

Maintenance of secrecy of voting. Every Officer. Clerk, agent or other person who performs any duty in connection with the recording of counting of votes at an election under this Act. shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law ) communicate to any person any information calculated to violate such secrecy

(2) Any person who contravenes the provisions of Sub-section (1) shall on conviction. be punished with imprisonment for a term which may extend to three months of with fine which may extend to five hundred rupees or with both.

It is clear from this Section that the direction to keep secrecy is in respect those officers, who perform any duty in connection with the recording or counting of votes at an election under the Gujarat Municipalities Act. Rule 9(2) as amended is in respect of recording of the votes. Originally, the unamended Rule 9(2) stated that the election of the President will be held by ballot. By amended Rule, it states that the President will be elected by show of hands. Thus, it is clear that the right of the voter to elect the President has nothing to do with the direction given in Section 19 for maintaining the secrecy of voting. If that be so, we do not find any contravention of Section 19 by amending Rule 9(2) as it stands today. Since no other contentions have been raised except the contention that the amended Rule 9(2) is in contravention of Section 19, we do not find substance in this argument and, accordingly, this Special Civil Application is dismissed.