Representation of the People Act, 1951 challenged in Supreme Court
The Supreme Court on Monday sought responses from the central government and the Election Commission of India (ECI) on NOTA-related petitions. A provision of the Representation of the People Act, 1951, was challenged in the Supreme Court. The petition claims that if there is only one candidate, this will prevent voters from choosing the “none of the above” (NOTA) option.
Supreme Court Justice Surya Kant and Justice Ujjal Bhuiyan have sought responses from the central government and the ECI in this regard. In the petition before the Bench for hearing, Section 53 (2) of the Act was challenged. The petition related to NOTA was filed on behalf of the legal think tank ‘Vidhi Center for Legal Policy’.
What does Section 53(2) of the Act provide?
Section 53 of the Representation of the People Act, 1951 deals with the procedure for contested and uncontested elections. Section 53(2) provides that if the number of candidates contesting the election is equal to the number of seats to be filled, the Returning Officer shall forthwith declare all such candidates duly elected to fill the seats.
The Supreme Court issued notice to the Center and ECI on the petition and sought their reply. The petitioner appeared on behalf of the legal think tank ‘Vidhi Center for Legal Policy’ along with senior advocate Arvind Datar and advocate Harsh Parashar. At the same time, a request was made on behalf of the applicant to cancel its rules.
Request Cancellation of Forms 21 and 21B
In the petition filed in the Supreme Court, it was sought that Rule 11 of the Electoral Conduct Rules, 1961, and Forms 21 and 21B should be abolished. Rule 11 of the 1961 Rules deals with the publication of the list of contesting candidates and the declaration of the results of unopposed elections.
Also Read – India and China agreement on patrolling the Line of Actual Control, know what other issues were agreed upon in the agreement
