CHAPTER III.--Electoral OffencesCentral

Section 128 of The Representation of the People Act, 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.

Summary

All election officers, clerks, and agents must protect the secrecy of the voting process.
These individuals are strictly forbidden from sharing any information that would violate the privacy of a voter's choice.
This duty applies to anyone involved in either the recording of votes at a station or the counting of ballots later.
These secrecy rules do not apply to elections for the Council of States, which is the Rajya Sabha.
Anyone who breaks these secrecy rules can be sentenced to three months in prison, a fine, or both.

Practical examples

1While counting ballots on June 10, 2024, an election agent named Sanjay recognizes the unique marking on his cousin's ballot. He tells his family how his cousin voted, and he is later charged under the 1951 Act for breaking secrecy.

2An election officer at a polling booth on April 20, 2024, intentionally leaves the voting compartment open so he can see people's choices. He is prosecuted for failing to maintain the secrecy of voting as required by law.

FAQ

1. Who must maintain the secrecy of voting under Section 128 of the Representation of the People Act, 1951?

Under Section 128 of the Representation of the People Act, 1951, every officer, clerk, agent, or other person performing duties in connection with recording or counting votes must maintain secrecy.

2. What is the punishment for violating voting secrecy under Section 128 of the Representation of the People Act, 1951?

Under Section 128 of the Representation of the People Act, 1951, the punishment is imprisonment for up to three months, a fine, or both.

3. Does Section 128 of the Representation of the People Act, 1951 apply to Rajya Sabha elections?

No, Section 128 of the Representation of the People Act, 1951 explicitly states that the secrecy rules do not apply to elections to fill a seat in the Council of States.

Test yourself

Q1.Under Section 128 of the Representation of the People Act, 1951, what is the maximum imprisonment for violating the secrecy of voting?

Q2.To which specific election does the secrecy rule in Section 128 of the Representation of the People Act, 1951 NOT apply?

Q3.Under Section 128 of the Representation of the People Act, 1951, which activity is specifically mentioned alongside recording votes as requiring secrecy?

Q4.Under Section 128 of the Representation of the People Act, 1951, what must an officer NOT communicate to any person?

127APreviousSection 127A Restrictions on the printing of pamphlets, posters, etc.129NextSection 129 Officers, etc., at elections not to act for candidates or to influence voting.

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