A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala said that this system was earlier upheld by a constitution bench of the top court in the case of Kuldeep Nayyar vs Union Of India and there was no need to tinker with the same.
The Court further noted that in the Kuldeep Nayyar case, a constitution bench had held that an open ballot system does not mean it is open to one and all, but only to the authorised political party representative and the same was necessary to prevent cross voting.
“The Court in Kuldeep Nayyar held that underlining basis of open ballot was needed to prevent cross voting and maintain party discipline,” the bench said.
Source: Barandbench
