'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19

The Supreme Court today listed on March 19 the public interest litigation challenging Section 53(2) of the Representation of the People Act ("RP Act"), which provides for direct election of candidates in uncontested elections ie without conduct of a poll.A Bench of Justices Surya Kant and N Kotiswar Singh passed the order, giving time to the Union to file a counter-affidavit. Posting the matter after the Holi break, Justice Kant orally remarked that a "very pertinent issue" has been raised in the PIL.To recap, in the present petition, the petitioner has raised a challenge to Section 53(2) of the RP Act as well as to Rule 11 read with Forms 21 and 21B of the Conduct of Election Rules, 1961.In terms of Section 53(2), if the number of contesting candidates in an election is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. Rule 11 of Conduct Rules, 1961, likewise, deals with declaration of results of an uncontested election in such form [Form 21 (in case it is a general election) or Form 21B (in case it is an election to fill a casual vacancy)] as may be appropriate.As per the petitioner, these provisions prohibit the returning officer from conducting a poll if the number of contesting candidates is equal or less than the number of seats to be fulfilled, and result in deprivation of a voter's fundamental right to choose 'NOTA' (None of the Above) as an expression of his dissatisfaction with the contesting candidate(s)."This is a violation of a fundamental right, as in its judgement in People's Union for Civil Liberties v Union of India (2013) 10 SCC 1 this Hon'ble Court has held that the right to cast a negative vote by choosing the NOTA option on an EVM is protected in direct elections under Article 19(1)(a) of the Constitution of India."In support of the plea, the petitioner points out that a sole candidate from Surat constituency was declared the winner in the recent Lok Sabha polls, since the election was uncontested. It is further stated that the combined figure of unelected candidates since first Lok Sabha and Assembly elections is 258. To read more about the contentions raised, click here.Appearance: Senior Advocate Arvind Datar (for petitioner-Vidhi Centre for Legal Policy); Attorney General R Venkataramani (for Union)Case Title: VIDHI CENTRE FOR LEGAL POLICY Versus UNION OF INDIA AND ANR., W.P.(C) No. 677/2024 Click Here To Read/Download Order

'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19

Debby Jain

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