No provision to hold polls if there’s only one candidate: EC

Noting that there is no provision of holding an election in case of an uncontested election, the Election Commission on Thursday told the Supreme Court that it’s bound by the law enacted by Parliament on the issue of treating NOTA as a mandatorily contesting candidate in all direct uncontested elections.

“Therefore, treating NOTA as a mandatorily contesting candidate in all direct uncontested elections does not find a place in the statute and the same would require legislative amendments to the provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961,” the EC told the top court in an affidavit.

The affidavit has been filed in response to a petition filed by the Vidhi Centre for Legal Policy challenging Section 53(2) of the Representation of the People Act, 1951, which provides for direct election of candidates in uncontested elections i.e. without conduct of a poll. The EC was represented by senior counsel Rakesh Dwivedi. On behalf of the petitioner, senior counsel Arvind P Datar questioned the election of candidates in uncontested elections.

Attorney General R Venkataramani, representing the Centre said, striking down the provision was not an option. Agreeing with the Attorney General, the Bench said instead of striking down the provision, a proviso can be added to the existing provision to address the petitioner’s concern.

As the Centre sought time to file its response, the Bench posted the matter for hearing in July.

According to Section 53(2) of the RPA, if the number of contesting candidates in an election is equal to the number of seats to be filled, the Returning Officer is obliged to declare all such candidates to be duly elected to fill those seats.

"This is a violation of a fundamental right, as in its judgment in People's Union for Civil Liberties v Union of India (2013) 10 SCC 1 this Hon'ble Court has held that the right to cast a negative vote by choosing the NOTA option on an EVM is protected in direct elections under Article 19(1)(a) of the Constitution of India,” the petitioner submitted.

These provisions prohibited the Returning Officer from conducting a poll if the number of contesting candidates was equal or less than the number of seats to be fulfilled, and result in deprivation of a voter's fundamental right to choose 'NOTA' (None of the Above) as an expression of his dissatisfaction with the contesting candidate(s), the petitioner contended.