Thane, Jan 10: A social activist from Kalyan has issued a legal notice to the Election Commission and the Kalyan Dombivli Municipal Corporation (KDMC), challenging the practice of declaring candidates “elected unopposed” in municipal elections despite the statutory availability of the ‘None of the Above’ (NOTA) option.
Legal notice issued to poll authorities
The legal notice, sent through advocate Sayli S. Wani, has been issued on behalf of Sriniwas A. Ghanekar, a social activist who claims to have been working for social causes for nearly three decades.
Ghanekar has contended that declaring candidates elected unopposed is arbitrary and unconstitutional once NOTA has been introduced as a voting option, as it deprives voters of their right to express dissent.
Reliance on Supreme Court judgment
In the notice, Ghanekar has relied heavily on the Supreme Court’s September 27, 2013 judgment in People’s Union for Civil Liberties (PUCL) vs Union of India, which mandated the inclusion of NOTA in Electronic Voting Machines (EVMs).
The apex court had observed that NOTA strengthens democracy by allowing voters to reject all candidates while maintaining the secrecy of the ballot.
Call for elections even with single candidate
The activist has further argued that once NOTA is available, even in constituencies where only one candidate remains after withdrawals, elections must still be conducted with EVMs providing the NOTA option. Declaring a sole candidate elected without a poll, he claims, amounts to a “forced or presumed mandate” and undermines democratic principles.
Reference to SEC orders
The notice also refers to orders issued by State Election Commissions from Delhi and Chandigarh, where NOTA has been treated as a “fictional electoral candidate”.
According to these orders, if NOTA secures more votes than any contesting candidate, none can be declared elected and a fresh election must be held.
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Demand for clear guidelines
The activist has urged the Election Commission and KDMC to issue immediate directions or guidelines to ensure that no candidate is declared elected unopposed without conducting an election that includes the NOTA option.
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