Legality of Unopposed Elections:
Unopposed election is legally permissible and often thrilling for the candidate, as they emerge as the uncontested representative of the people without any opposition.
Rule 11 of the Conduct of Election Rules 1961 outlines the procedure for declaring candidates elected when the number of contestants equals or is less than the seats available.
Legality of Unopposed Elections:
Rule 11 of the Conduct of Election Rules 1961 says:
(1) The returning officer shall… cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office and where the number of contesting candidates is equal to, or less than, the number of seats to be filled, he shall, immediately after such affixation, declare under sub-section
(2) or as the case may be, sub-section
(3) of section 53 the result of the election in such one of the Forms 21 to 21B as may be appropriate...
Democratic Rights and Process:
In unopposed elections, there's a victor but no 'vanquished' party; some are ruled out under the rules, while others voluntarily withdraw.
Examples from Surat Lok Sabha seat and Arunachal Pradesh Assembly seats illustrate this scenario.
NOTA Option and Electoral Process:
The absence of candidates in some elections raises questions about the availability of the None of the Above (NOTA) option for electors.
The ineffectiveness of NOTA in influencing the election process despite its incorporation as a progressive reform is noted.
Electoral Process Parallels with Financial Rules:
Comparison with General Financial Rules (GFRs) highlights the need for fair and transparent procedures even in situations with lack of competition.
Despite differences, both processes aim to provide choices or alternatives.
Exclusion of Electors in Choosing Representatives:
The current electoral process excludes electors from choosing their representatives if there's only one candidate.
This creates a dichotomy where a representative may be elected without a single vote cast in their favor.
Challenges to Democracy and Potential Remedies:
Concerns are raised about the potential manipulation of the election process by a handful of candidates, denying millions of voters their rights.
Questions are posed about potential remedies, such as amending the first-past-the-post system or transferring uncontested seats to the nominated category.
Role of Candidates and System Favorability:
The system favors contesting candidates, and a complete boycott is considered equivalent to receiving zero votes.
The Electoral Commission's provisions for repeated unopposed elections are discussed, highlighting the need for a wider debate on electoral reforms.
COMMENTS