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Is a candidate winning an election ‘unopposed’ unconstitutional?
According to Section 53 (2) of the Representation of the People Act, 1951, if there is only candidate contesting an election, then she can be declared elected unopposed. Now a legal think tank, the Vidhi Centre for Legal Policy has filed a petition in the Supreme Court challenging the constitutionality of this provision.
It cites the 2013 order of the Supreme Court which held that the right to cast a negative vote by choosing ‘NOTA’ was protected under Article 19 (1) (a) of the Constitution. It argues that this right is independent of how many candidates are contesting – therefore, not…
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