• UGI USER
  • Apr 28, 2024
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“UNDERSTANDING UNCONTESTED ELECTIONS, NEGATIVE VOTING, AND THE IMPACT OF NOTA”

Syllabus:

  • GS-3-Representation of people Act , 1951 and its analysis

Focus :

  • BJP’s uncontested win in Surat constituency, Gujarat.
  • Explanation of how a candidate can be declared elected before polling according to Section 53(3) of the Representation of the People Act, 1951.
Source- GoI

Introduction

  • Uncontested Elections- Legal Framework and Procedure-Explanation of Section 53(3) and Section 33 of the Representation of the People Act, 1951.
  • The role of the Returning Officer (RO) in verifying

nomination papers-on the Handbook for Returning Officers issued by the Election Commission (EC) and its guidelines for uncontested elections.

  • Importance of adherence to nomination procedures and implications for candidates.
About RPA,1950 :

  • Establishes the processes for constituency delimitation.
  • Specifies how seats will be distributed in the Legislative Assemblies, Legislative Councils of States, and the House of the People.
  • Establishes the process for creating electoral rolls and allocating seats.
  • Establishes the requirements for voters.

About RPA, 1951

  • This Act establishes guidelines for how elections would be held in India.
  • It also discusses other illicit election-related activities including corruption.
  • The Act provides for the resolution of disputes pertaining to election-related issues.
  • It also discusses the requirements for MPs and MLAs as well as the reasons why they might be disqualified.

Scope for Negative Voting in the Election System

  • Overview of negative voting options: NOTA (None of the Above) and Rule 49-O.Explanation of Rule 49-O allowing electors to decide not to vote.
  • Implementation of NOTA on electronic voting machines (EVMs) since 2013 following a Supreme Court verdict-PUCL case
  • CJI’s remarks on the importance of NOTA in expressing disapproval of candidates and its potential to influence parties.
  • Comparison between Rule 49-O and NOTA in terms of secrecy and procedure.
  • EC’s stance on NOTA votes not affecting the outcome of elections.

Developments Post-NOTA Implementation

  • Instances of NOTA receiving significant votes compared to political parties.
  • Criticisms of NOTA as a “toothless tiger” with no real impact on election results.
  • Discussion on NOTA’s utilization in State Assembly and Lok Sabha elections over the past five years.
  • Supreme Court’s response to a plea seeking fresh elections in constituencies where NOTA votes were in the majority.
  • Shiv Khera’s plea to debar candidates polling fewer votes than NOTA from contesting elections for five years.

NOTA in Local Bodies’ Polls: Maharashtra’s Approach

  • Maharashtra State Election Commission’s order regarding NOTA in urban local bodies’ polls-Declaration of NOTA as a fictional electoral candidate and the provision for re-polling if NOTA receives the highest votes.

Conclusion and Implications

  • Summarization of key points regarding uncontested elections, negative voting options, and the impact of NOTA.
  • Reflection on the legal framework, electoral practices, and recent developments.
  • Discussion on the potential implications of NOTA and proposals for electoral reforms.
  • Consideration of the Supreme Court’s involvement and potential changes in electoral rules and regulations.

Source:The Hindu  

Mains Practice Question :

GS-3

“Discuss the legal framework and procedural aspects of uncontested elections in India, with reference to recent events such as the BJP’s uncontested win in the Surat constituency.”(250Words)