The Supreme Court has been prepared to hear the PIL challenging Section 53 (2) of the Representation of People Act. The PIL has been listed for hearing on 18 March.
Justice Surya Kant said that this is a very relevant issue. Actually, Section 53 (2) of the Representation of the People Act has been challenged in the Supreme Court. This section provides for direct election of candidates without voting in unopposed elections i.e. without voting.
The petitioner Law Center for Legal Policy said during the hearing in the petition that the only candidate from Surat constituency was declared the winner in the recently held Lok Sabha elections, as the election was uncontested. Since the BJP candidate was declared the winner after dismissing the nomination papers of the candidate raised by the Congress party and withdrawal of nomination by other candidates.
The petitioner has further said that the joint number of non -elected candidates since the first Lok Sabha and Assembly elections is 258. According to the petitioner, these provisions prevent the Election Officer from voting if the number of candidates contesting the election is equal or less than the number of seats. The result is to be deprived of the fundamental right of the voter. Under this, he can choose ‘NOTA’ (none of these) as an expression of his dissatisfaction with the candidate contesting the election. The petition has demanded the Supreme Court to interfere on this provision.