BJP candidate Mukesh Dalal was elected unopposed in Surat, Gujarat, after opposition nomination papers were rejected and other nominees withdrew.
This event prevented a scheduled poll on May 7 in Surat.
Legal Framework for Unopposed Elections
Representation of the People Act, 1951:
Section 53(3) outlines procedures for uncontested elections, allowing a returning officer to declare a candidate elected if uncontested.
Section 33 details nomination paper requirements and validation processes.
Specific Case:
Issues arose with Congress candidate Nilesh Kumbhani’s nomination due to discrepancies in proposer signatures.
Election Commission’s Guidelines
Handbook for Returning Officers (2023 Edition):
Describes procedures for declaring a candidate elected immediately after withdrawal deadline in uncontested elections.
Requires candidates with criminal backgrounds to disclose their records in a prescribed format and timeline.
NOTA and Negative Voting
NOTA Introduction and Impact:
NOTA (None of the Above) option has been available since 2013, allowing voters to express disapproval of candidates.
Introduced following a Supreme Court decision, emphasizing voter secrecy and democratic choice.
Rule 49-O:
Allows voters to formally record a decision not to vote for any candidate, which involves manual procedures at polling booths and could compromise voter secrecy.
Electoral Implications of NOTA
General Elections:
NOTA votes are counted but do not affect the outcome; the candidate with the most votes still wins.
Local Elections in Maharashtra:
NOTA is considered a fictional candidate; if NOTA receives the most votes, a re-poll is mandated.
Developments and Criticisms of NOTA
Political Impact:
Instances where NOTA votes surpassed those for certain political parties, sparking debate.
Supreme Court and Electoral Reforms:
Recently, the Supreme Court asked the Election Commission to respond to a plea for fresh elections in constituencies where NOTA votes are in the majority.
Activist Criticisms:
NOTA is seen as ineffective (“toothless tiger”) in influencing election outcomes despite significant voter support in some cases.
