Supreme Court Questions Unopposed Wins

The Supreme Court is examining whether it should be mandatory for a lone candidate in an election to secure a minimum percentage of votes to be declared elected.

Background Of the Case

Petitioner: The case was filed by the Vidhi Centre for Legal Policy.

About Uncontested Elections

The Election Commission of India, in its Handbook for Returning Officers, states that if there is only one contesting candidate in a constituency, that candidate should be declared duly elected immediately after the last hour for withdrawal of candidature.
- In such cases, a poll is not required.
Instances Of Uncontested Election: The Election Commission had said there are only nine instances where elections were uncontested.
Situation for Uncontested Elections:
- When all other candidates either voluntarily withdraw their nominations or
- The nominations of other candidates are rejected during the scrutiny process.
  - As a result, only one candidate remains, and the election concludes without a vote.

Concern Raised: The petitioner has challenged Section 53 (2) of the Representation of the People Act (RPA), which provides for direct election of candidates in uncontested elections (without conduct of a poll).
Legal Safeguards Needed: It was presented before the Supreme Court that even if the situation is rare, legal safeguards should be in place to protect democratic rights.

Key Judicial Observations

Democracy By Majority: The Constitution is dynamic and founded on the idea of democracy by majority and even a lone candidate should secure a basic mandate from voters.
- Mandating a minimum vote share (10%, 15%, or otherwise) for a lone candidate would be a progressive step in the democratic process.
Voters in Uncontested Elections: In cases of uncontested elections, voters are helpless and unable to express their preference, which undermines the electoral process.
Role of NOTA (None of the Above): The Section 53(2) of the Representation of the People Act (RPA) prevents voters from choosing the “none of the above” (NOTA) option if there was only one candidate.
- Since NOTA expresses the will by a voter, its relevance becomes even more significant when a lone candidate stands without any real voting.
The SC clarified that it is not seeking to strike down any provision but asked the Centre and the Election Commission of India to examine the proposal seriously.

Nomination Process For Contesting Elections

Legal Basis for Nomination Requirements:
- Section 33 of the Representation of the People Act (RPA), 1951 outlines the requirements for filing valid nomination papers.
- Section 36 of the same Act governs the scrutiny of nominations by the Returning Officer (RO).
Eligibility to Contest Elections:
- The candidate must be an elector and at least 25 years of age to contest Lok Sabha elections.
- A candidate can contest from any constituency in India, subject to other conditions.
Proposers for Nomination:
- The proposer(s) must be registered electors in the constituency from which the candidate is contesting.
  For candidates from recognised political parties (national or state): Only one proposer is required.
- For independent candidates and those from unrecognised parties: Ten proposers are required.
Filing of Multiple Nominations
- A candidate may file up to four nomination papers, each with different sets of proposers.
- This provision allows flexibility i.e. if one set is invalid, another may still be accepted.
Scrutiny of Nomination Papers
- Under Section 36, the Returning Officer examines all nomination papers filed.
- The RO shall not reject any nomination for a defect that is not substantial.
- However, a nomination can be rejected if the candidate’s signature or proposer’s signature is found to be not genuine.

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