A debate has erupted following a petition filed in the Supreme Court regarding uncontested elections in the country. According to the petition, declaring a single candidate as the winner is not appropriate. Voters cannot be deprived of their right to vote. The petition argues that people should have the option to vote for NOTA (None of the Above), and therefore, it cannot be claimed that there is no need for voting when only one candidate is running.
The petition, filed by an organization named the Centre for Legal Policy in 2024, challenges Section 53(2) of the Representation of the People Act, 1951. This section states that if no other candidate is contesting an election, the sole candidate will be declared unopposed. The petition highlights that, with the introduction of NOTA, people now have the option to reject all candidates, which contradicts the idea of uncontested elections.
Between 1951 and 2024, candidates have been elected uncontested in 26 Lok Sabha constituencies, according to statistical reports from the Election Commission of India. This means that more than 82 lakh voters were denied the opportunity to cast their vote in these elections, the petition claims.
Uncontested elections are more common in state assemblies, according to the petition.
While hearing the petition, the Supreme Court has asked the central government to respond regarding the provision that allows uncontested elections.
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Section 53(2) of the Act states that if the number of candidates contesting an election is equal to the number of seats, the election officer will declare all such candidates as winners. This means that if only one candidate is running for a seat, they will be declared the winner without any voting taking place.
Around 35 candidates have been elected unopposed to the Lok Sabha since 1951. At least 34 other candidates have won parliamentary polls without a contest. In 2024, BJP's Mukesh Dalal won unopposed from the Surat Lok Sabha constituency.
During early days of election for Rajasthan assembly, there were many cases of candidates getting elected unopposed. In 1952 assembly election, 7 candidates including Deenbandhu Panwar from Sayra assembly constituency won the election unopposed.