The Supreme Court has scheduled a hearing on March 19 for a public interest litigation (PIL) challenging the constitutional validity of Section 53(2) of the Representation of the People Act, 1951 (RP Act), which allows for the direct election of candidates in uncontested elections without conducting a poll.
A Bench comprising Justices Surya Kant and N Kotiswar Singh directed the Union to file a counter-affidavit and listed the matter for hearing after the Holi break. Justice Kant remarked that the PIL raises a “very pertinent issue.
Challenge to Section 53(2) and Conduct of Election Rules
The petitioner has challenged Section 53(2) of the RP Act, as well as Rule 11 read with Forms 21 and 21B of the Conduct of Election Rules, 1961.
Section 53(2) mandates that if the number of contesting candidates equals the number of seats available, the returning officer must declare them duly elected without conducting a poll.
Rule 11 of the Conduct of Election Rules, 1961, prescribes the declaration of results for uncontested elections using Form 21 (for general elections) or Form 21B (for casual vacancies).
Violation of Fundamental Rights
According to the petitioner, these provisions deprive voters of their right to reject candidates by choosing NOTA (None of the Above), thereby violating their fundamental right under Article 19(1)(a) of the Constitution. The plea relies on the Supreme Court’s ruling in People’s Union for Civil Liberties v. Union of India [(2013) 10 SCC 1], which recognized the right to cast a negative vote through NOTA in direct elections.
The petition also highlights a recent instance where a sole candidate from the Surat constituency was declared elected in the Lok Sabha polls due to an uncontested election. Additionally, it notes that since India’s first Lok Sabha and Assembly elections, a total of 258 candidates have been elected uncontested.
Case Details
Case Title: Vidhi Centre for Legal Policy v. Union of India & Anr., W.P.(C) No. 677/2024
Appearance:
For Petitioner: Senior Advocate Arvind Datar (representing Vidhi Centre for Legal Policy)
For Union of India: Attorney General R. Venkataramani
