Statement 1 is incorrect: The Supreme Court, while declining to interfere with the open ballot system, ruled that not voting for the party candidate will not attract disqualification under the anti-defection law.

As voters, MLAs retain their freedom to vote for a candidate of their choice. However, the Court observed that since the party would know who voted against its own candidate, it is free to take disciplinary action against the legislator concerned.

Statement 2 is correct: A party MLA’s show their votes only to an authorized agent (called Whip). The Rajya Sabha polls have a system of open ballots, but it is a limited form of openness.

As a measure to check rampant cross-voting, there is a system of each party MLA showing his or her marked ballots to the party’s authorized agent (called Whip), before they are put into the ballot box.

Showing a marked ballot to anyone other than one’s own party’s authorized agent will render the vote invalid. Not showing the ballot to the authorized agent will also mean that the vote cannot be counted.

Source: Indian Express