Facts for Prelims (FFP)
Source: TH
Context: In the Surat Lok Sabha constituency, the BJP candidate won uncontested due to the rejection of the Congress candidate’s nomination papers (due to alleged discrepancies in the signatures of his proposers) and the withdrawal of other candidates. The Congress alleged coercion of their proposers and appealed to the Election Commission (EC).
Nominations in elections follow specific criteria outlined in the Representation of the People Act, 1951 (RoPA). Section 33 of the RoPA specifies the requirements for valid nominations, including the need for proposers from the respective constituency. The Returning Officer (RO) can reject nominations if signatures are found to be not genuine, as per Section 36 of the RoPA.
Section 33 of the Representation of the People Act, 1951 also outlines eligibility criteria for contesting Lok Sabha elections:
- Individuals aged 25 or above can run from any constituency
- Proposers, those supporting the candidacy, must be from the same area.
- Candidates from recognized parties require one proposer, while independents or smaller parties need ten.
- Up to four sets of nomination papers with different proposer groups can be submitted to ensure acceptance despite issues with one set.
To date, Over 35 candidates have been elected unopposed to the Lok Sabha, mostly in the first two decades after independence, with the last instance in 2012.
Legal Recourse: The Election Commission (EC) is unlikely to address the request directly due to constitutional and legal provisions (Article 329(b) of the Constitution and the Representation of the People Act). Election petitions challenging the decision must be filed before the respective High Court. While the RP Act recommends concluding trials within six months, this timeline is often not met
