SC Questions Validity of Unopposed Election Victories

SC Questions Validity of Unopposed Election Victories

Why in the News ?

The Supreme Court has questioned whether unopposed election victories without a minimum vote threshold violate voters’ rights, highlighting concerns over Section 53(2) of the Representation of the People Act, 1951, and seeking the Centre’s response within four weeks.

Challenge to Section 53(2) and Voter Rights:

• Vidhi Centre for Legal Policy filed a petition challenging Section 53(2) of the Representation of the People Act, 1951.
• The petition argues that uncontested victories deny voters their right to choose NOTA, violating Article 19(1)(a).
• The Supreme Court’s 2013 NOTA judgment underlines voters’ right to reject candidates, regardless of the number contesting.

Prevalence of Uncontested Elections

• Between 1951 and 2024, 26 uncontested Lok Sabha seats deprived over 82 lakh voters of choice.
• Recent example: In 2024, BJP’s Mukeshkumar Dalal won Surat unopposed after rival nominations were rejected or withdrawn.
• Uncontested elections are more frequent in state assemblies than in national polls.

SC, ECI, and Legislative Perspectives

• Justice Surya Kant suggested setting a minimum vote requirement for unopposed candidates to uphold democratic principles.
• Election Commission countered that uncontested elections are rare today and legislative changes are needed to apply NOTA in such cases.
• SC urged the Centre to consider reforms to avoid candidates entering Parliament without sufficient public endorsement.