The High Court division bench of acting Chief Justice Jayant Patel and Justice N V Anjariya stayed implementation of compulsory voting, admitting the plea filed by lawyer K R Koshti against the Act.

A bill making voting compulsory for all the citizens in civic bodies, mooted by then Chief Minister Narendra Modi, was passed by the state assembly in 2009 and became a law when present Governor O P Kohli signed it.

Earlier this month, the government had notified the law saying those who fail to vote will have to pay a fine of Rs 100. Petitioner's lawyer P S Champaneri submitted before the HC earlier today that right to vote is an expression of a citizen and whether to vote includes the right to not vote.

The right to vote cannot be termed as the duty by the state and therefore, the provision of compulsory voting Act is violative of fundamental rights given to any citizen under the Indian Constitution, Champanderi submitted.

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