Union Of India vs Association Of Unified Telecom Service ... on 24 October, 2019
We have carefully read paragraphs 349 to 364 of the aforesaid
judgment, which are found under the head Right to Vote - A
Constitutional/Fundamental Right and find that even though the
Constitution Bench did not overrule or discard
the ratio of the two three-Judges Bench judgments in Union of India
v. Association for Democratic Reforms (supra) and People's Union for
Civil Liberties v. Union of India (supra), the opening line of para
362 tend to create a doubt whether the right of voter to exercise his
choice for the candidate is a necessary concomitant of the voter's
freedom of expression guaranteed under Article 19(1)(a) of the
Constitution. Therefore, this issue needs a clear exposition of law
by a larger Bench. We are further of the view that width and
amplitude of the power of the Commission under Article 324 needs
further consideration by a larger Bench in the light of the judgments
of this Court whereby the elector's right to be informed about the
assets and antecedents of the persons seeking election to the
legislature has been duly recognized.