Supreme Court Directs Rajasthan SEC To Reconsider Activists' Plea To Conduct Voter Awareness Campaign Ahead Of Local Polls
| SEC can't monopolize voter awareness. Even if it's conducting such programme itself, it cannot stand in the way of another authority conducting it: J Bagchi.
The Supreme Court today directed the Rajasthan State Election Commission to reconsider certain activists' application seeking permission to carry out voter awareness campaigns in Rajasthan ahead of local body elections.
A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order, after hearing Advocate Prashant Bhushan (for petitioners/applicants Aruna Roy and Nikhil Dey).
The bench was dealing with an application filed in a plea assailing 'blanket' orders under Section 144 CrPC (prohibiting public meetings, etc) ahead of Lok Sabha/Vidhan Sabha elections. In 2024, a bench led by Justice BR Gavai had directed that any applications of the nature shall be decided by the competent authority within 3 days of filing.
Today, Bhushan argued an application filed in the matter, referring to permission sought from the Rajasthan SEC to conduct voter awareness campaigns ahead of local body polls. As per claims, the permission was sought twice, but denied on the blanket ground that elections were about to be held. "It's ridiculous. Voter awareness campaigns are designed to make people aware", he remarked.
CJI Kant noted that the 2024 order was passed in the context of Parliamentary elections. "You should have filed a separate writ petition" the judge told Bhushan.
The counsel however replied that since the issue was similar, the applicants preferred an application. The CJI also said that such campaigns should ordinarily be held when elections are not around the corner. "it may look like you are campaigning for a particular candidate", the CJI remarked.
Disagreeing, Bhushan said that voter awareness campaigns are most effective when elections are close. "We are only about 20 people. We have been doing these yatras since 2024. We tell people now to accept bribes for their vote, we tell them about NOTA option...", he submitted.
Counsel for Rajasthan SEC submitted that the applicants' representation was examined and permission denied as it could be "at the behest of someone else". Besides, the SEC was itself conducting such programmes.
Justice Bagchi, at this point, observed that the SEC could not take over/monopolize voter awareness. "That's not in your domain. If you are conducting, that does not stand in the way of any other authority making a voter awareness exercise. You can't restrain people. In the event of any corrupt practice in the name of voter awareness, you are there to regulate. But you cannot take over/monopolize voter awareness exercise. You should welcome it" the judge said.
At the same time, Justice Bagchi told Bhushan that the place and time for the proposed campaign must be well-stipulated, and a general permission cannot be sought. Bhushan emphasized that the programme organizers were a small group and insisted that there should not be a blanket imposition of Section 163 BNSS during election period. He also highlighted that only 1 phase of the elections is now practically left.
Justice Bagchi agreed that the restriction could not be blanket in effect and said that the court will ask the SEC to reconsider. "Once permission is granted, that means exception is made to Section 163" remarked CJI.
Impleading the Rajasthan SEC, the Court set aside the refusal communication and directed that the SEC reconsider the applicants' plea seeking permission for holding a voter awareness campaign within 3 days.