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Need some compulsory mechanism to ensure people vote: Supreme Court

The Supreme Court was hearing a plea that demanded that elections should be held even if there is only one candidate, so that voters can use the ‘None Of The Above’ or NOTA option.

The petitioners demanded that there should be elections even if there is only one candidate, so that voters can use the ‘None Of The Above’ (NOTA) option if they want to. According to them, it is possible that NOTA might win more votes than the sole candidate in the fray.The petitioners demanded that there should be elections even if there is only one candidate, so that voters can use the ‘None Of The Above’ (NOTA) option if they want to. According to them, it is possible that NOTA might win more votes than the sole candidate in the fray. (File Photo)

Chief Justice of India (CJI) Surya Kant orally observed on Tuesday that there may be a need for a mechanism to make voting compulsory to ensure voter participation.

“Sometimes it feels like we need to have some compulsory mechanism, not very harsh, but some compulsory mechanism, to ensure that people go and vote,” the CJI said, presiding over a three-judge bench.

The bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, was hearing pleas by Vidhi Centre for Legal Policy and Shiv Khera, challenging Section 53(2) of the Representation of the People Act, 1951. The provision says that if the number of candidates is equal to the number of seats to be filled, the returning officer should declare all such candidates to be duly elected to fill those seats.

The petitioners demanded that there should be elections even if there is only one candidate, so that voters can use the ‘None Of The Above’ (NOTA) option if they want to. According to them, it is possible that NOTA might win more votes than the sole candidate in the fray.

Justice Bagchi said, “Experience tells me that it is the educated and well-off people who vote less than the economically weaker people.”

Apparently agreeing, the CJI said voting day is a celebration in rural areas. “Women get a sigh of relief from their other works on that day, and they go in groups, singing songs, to the poll booths,” he said.

Appearing for the petitioners, senior advocate Arvind Datar and advocate Prashant Bhushan said that more people will come out to vote if some consequence is attached to NOTA, which it lacks now. They also flagged what they said was a “dangerous trend” of making all candidates except one withdraw from the contest.

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Opposing the prayers, Attorney General R Venkataramani said the petitioners were referring to “hypothetical” situations.

But Justice Bagchi said, “It is not hypothetical. It is possible. It can result in a contest between uncontested candidate and NOTA.”

 

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