The Centre on Friday told the Supreme Court there was no need to do away with the present ward - wise counting of votes while the Election Commission favoured junking it to ensure secrecy of voting pattern in municipal wards.
The Centre told a bench of Justice Dipak Misra and Justice A. M. Khanwilkar that a group of ministers examined the issue and favoured retaining the ward - wise counting of votes, whereas the Election Commission counsel said, "The BJP took another view when it was not in power".
The court was also told that even the Law Commission had taken the view that favoured cluster counting.
Senior counsel Ashok Desai, speaking for the Election Commission, said it had already recommended to the government to amend Representation of People Act provisions dealing with vote counting, while the Centre's counsel Nalin Kohli told the court that ward - wise ballot counting tells a political party where it stands among voters and provides it an opportunity to improve.
Kohli also brushed aside the apprehension that knowledge of the voting pattern in a ward will result in "intimidation" of voters, and added that this way the voting trend would be known and not which party and individual voters has voted for.
Observing that the Centre was not accepting even though the Election Commission and the Law Commission had favoured cluster counting, Justice Misra asked if the apex court can direct the Centre to change rules in favour of cluster counting.
Telling the court that it was "neutral" on the issue, the Election Commission's counsel said the cluster counting is a good idea.
Counsel wondered what was the difficulty in changing the existing ward - wise counting since it vitiated secrecy.
Election Commission counsel Desari said "secrecy" of vote is a major issue, urging the bench to intervene as it had acted in case of NOTA - - None of The Above option during voting.
The bench said for that there has to be a link (of the issue) to the Constitution for the apex court to intervene in the matter.
Desai said: "The link (to the Constitution) is the secrecy. "
The bench was told that in Maharashtra, the then Deputy Chief Minister Ajit Pawar allegedly told voters in a village in Baramati constituency in the 2014 general elections to be ready to bear the consequences if they did not vote for Nationalist Congress Party supremo Sharad Pawar's daughter Supriya Sule.
After hearing all parties, including petitioner Yogesh Sehgal's counsel, the court fixed September 7 for hearing the matter.
Punjab - based lawyer Yogesh Sehgal had sought directions to the Election Commission to do away with ward - wise counting since it revealed to the political parties the number of votes cast in their favour in each of the wards.
"The manner of declaration of result of every polling booth strikes at the root of secrecy attached to voting, " the petitioner said, and added that "political parties as a consequence are able to determine votes cast in their favour in every ward".
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