Uncontested Elections and NOTA: Understanding India’s Electoral Provisions

Context

The ruling Party secured its first victory in the Lok Sabha elections as its candidate, Mukesh Dalal, was elected uncontested for the Surat constituency in Gujarat.

• This followed the rejection of the nomination papers of the Congress candidates and the withdrawal of other nominees. Thus, Surat will not participate in the polls scheduled for May 7.

Provision for Declaring Candidate Elected Before Polling

• Section 53 (3) of the Representation of the People Act(RPA), 1951: It deals with the procedure in uncontested elections. 
  • As per this, if the number of such candidates is less than the number of seats to be filled, the returning officer (RO) shall declare all such candidates to be elected. 
  • In this regard, the RO’s actions are governed by Section 33 of the Act which pertains to the presentation of nomination papers and requirements for a valid nomination.
• Handbook for Returning Officers (Edition 2) issued by the Election Commission (EC): It states that “if in any constituency, there is only one contesting candidate, that candidate should be declared to have been duly elected immediately after the last hour for withdrawal of candidature. 
  • In that event, a poll is not necessary. Moreover, all those candidates, who are returned as uncontested and who have criminal antecedents, must publicise the details in the prescribed format as per timeline.

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Scope for Negative Voting in the Election System

• NOTA (none of the above) option: The option of NOTA, introduced through the Supreme Court’s intervention, has been available on electronic voting machines (EVMs) since November 2013. 
  • The SC held that “Giving the right to a voter not to vote for any candidate while protecting his right of secrecy is extremely important in a democracy. Such an option gives the voter the right to express his disapproval of the kind of candidates being put up by the parties.” 
  • Exclusion of NOTA Votes from Calculation of Total Valid Votes: According to the Handbook for ROs, the NOTA votes are not to be taken into account for calculating the total valid votes polled for the return of the security deposit. 
  • Stand of EC: The EC’s stand has been that the person getting the largest number of votes in any constituency will still be declared the winner, regardless of the number of NOTA votes.
  • Approach in Local Bodies Elections: Concerning local bodies elections, particularly in Maharashtra, the approach differs. 
    • In a directive issued in November 2018, the Maharashtra State EC stated that NOTA would be treated as a fictional electoral candidate in urban local bodies’ polls.
    •  In instances where NOTA receives the highest number of votes, the Commission would arrange for a re-poll.
• Rule 49-O under Conduct of Election Rules, 1961: It allows electors to decide not to vote through Rule 49-O. 
  • A remark to the effect that the elector has decided not to record his or her vote would have to be made in the “remarks column” against the entry relating to the elector in the Register of Voters by the presiding officer.
  • Then, the signature or thumb impression of the elector would have to be obtained against such a remark.

Difference between an Elector Exercising Rule 49-O and the NOTA Option

• Compromise of Secrecy: In case of Rule 49-O, the likelihood of an elector compromising his or her secrecy is high, as there is a procedure to be followed manually at a polling booth. 
  • However, in the case of the NOTA, there is no such issue.

What are the developments post NOTA?

• NOTA Outperforming Political Parties in Voting Numbers: There have been times when political parties have received fewer votes than NOTA. 
  • It accumulated over 1.29 crore votes in the State Assembly and Lok Sabha elections combined over the past five years.
• Criticism for Ineffectiveness: Some activists and constitutional experts have been critical of NOTA, labelling it a “toothless tiger” with no bearing on the election outcome.
• Supreme Court’s Response: The Supreme Court recently asked the EC to respond to a plea seeking fresh elections to constituencies where NOTA votes were in majority. 
  • SC earlier refused to direct the EC to hold fresh polls if the majority of the electorate exercised NOTA.

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