Maintenance of Secrecy of voting
Section 128 of the Representation of the People Act, 1951 deals with maintenance of Secrecy of voting. Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election 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 an The Act came into force on 17 Jul 1951.
(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election 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:
1[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
Section 128, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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People's Union for Civil Liberties v. Union of India (NOTA)
Court's Decision & Legal Precedent
Sathasivam CJI, 27 Sep 2013, WP(C) 161/2004. Use Judgment of Main Case order-15.pdf, not same-date order-16 ROP. MCP flagged WRONG DOCUMENT (referral order 23.02.2009 mentioned in the facts) but the body is this reportable NOTA judgment. Right to vote is statutory (RP Act s.79(d)); freedom of voting / not to vote is a facet of Article 19(1)(a). Secrecy under RP Act s.128 and Rules 39/49-M must extend to the elector who decides not to vote; Rule 49-O / Form 17-A that records a 'not voted' remark violates that secrecy. ECI directed to provide a None of the Above button on EVMs under Article 324. Do not confuse with the 2003 PUCL affidavits case.
On this section: s.128 duty to maintain secrecy of voting extends to the elector who decides not to vote; Rule 49-O / Form 17-A that records a 'not voted' remark is ultra vires that duty.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 128
What have the courts held on Section 128 of the Representation of the People Act?
People's Union for Civil Liberties v. Union of India (NOTA) (27 Sep 2013) is the leading judgment on this section among those set out below: s.128 duty to maintain secrecy of voting extends to the elector who decides not to vote; Rule 49-O / Form 17-A that records a 'not voted' remark is ultra vires that duty.
How do I find court cases under Section 128 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 128, section 128 RP Act 1951, section 128 of the Representation of the People Act. People searching for it also type representation of the people act 1951 section 128. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with People's Union for Civil Liberties v. Union of India (NOTA) (27 Sep 2013).
What should I read with Section 128 of the Representation of the People Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 128 of the Representation of the People Act come into force?
Section 128 of the Representation of the People Act, cited as RP Act 1951 128, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.