Secrecy of Voting under the RPA, 1951

The Representation of the People Act, 1951 protects the secrecy of voting by imposing a personal statutory duty on everyone involved in recording or counting votes. Under Section 128, such persons must maintain and aid in maintaining the secrecy of voting and must not unlawfully disclose information that could violate it.

Duty under Section 128

The duty applies to every officer, clerk, agent or other person performing any function connected with the recording or counting of votes.

• A covered person must maintain, and actively assist in maintaining, voting secrecy.
• The person must not communicate information calculated to violate voting secrecy, except for a purpose authorised by law.
• The obligation therefore applies during both polling and vote counting, including to officials and authorised agents involved in these processes.

Penalty and supporting protection

Contravention of Section 128 is punishable with imprisonment for up to three months, or with fine, or with both.

• Under Section 94, a witness or other person generally cannot be required to disclose for whom that person voted at an election.
• This protection under Section 94 does not apply where the vote was cast by open ballot.

Significance for counting

The provision reconciles scrutiny of the counting process with the secret ballot. Counting personnel and agents may observe and perform their lawful roles, but they cannot disclose information in a manner that reveals or compromises an elector's voting choice.