Did Surat Election Violate Supreme Court’s NOTA Verdict? Poll Body Replies

New Delhi: The Election Commission can intervene if a candidate is pressured into withdrawing nomination, but not when it’s consensual, Chief Election Commissioner Rajiv Kumar said today. He was replying to a question on the poll body’s decision to announce BJP’s Surat candidate, Mukesh Dalal, elected after the Congress pick’s nomination was rejected and the other candidates withdrew nominations.

The BJP’s Surat win had sparked a massive row, with the Congress alleging that the ruling BJP in Gujarat used “wrong and undue influence” and pressured candidates into withdrawing nominations. Many others had pointed that not polling in the constituency was a violation of voters’ right as he/she could also opt for the NOTA option.

At the poll body’s press meet ahead of counting day, the Chief Election Commissioner was asked if its decision to declare a candidate elected unopposed was a violation of the spirit of the 2013 Supreme Court judgment on the NOTA option.

“For democracy to survive, it is essential that the best available men should be chosen as people’s representatives for proper governance of the country. This can be best achieved through men of high moral and ethical values, who win the elections on a positive vote. Thus in a vibrant democracy, the voter must be given an opportunity to choose none of the above (NOTA) button, which will indeed compel the political parties to nominate a sound candidate,” the Supreme Court had said in the landmark judgment.

The chief poll officer was also asked if the Election Commission will consider an amendment in rules so that no candidate is declared unopposed and people have an option to vote for NOTA.

In his response, Mr Kumar said the poll body wants contests on every seat. “But if candidates decide to withdraw nominations, what can we do? If they are under pressure, if they are locked up or forced, that’s where our role comes in. But if they are doing it of their own will, how would I…”

“Therefore, if you want a law according to which there will be no election where there is only candidate, I do not think that would be right. But it is a must to ensure that no one is forcefully removed as a candidate,” he added.

Addressing the media this afternoon, the Chief Election Commissioner rejected the Congress leader Jairam Ramesh’s allegations that Union Home Minister Amit Shah called up district magistrates after voting and accused the BJP of “blatant and brazen intimidation”.

Trashing the charge, Mr Kumar said it is not right to spread “rumour” and “doubt everyone”.

“Can someone influence them all? (district magistrates/returning officers) all? Can anyone influence 500-600 people? Tell us who did this. We will punish the person who did it. They should tell the details before counting the votes. It is not right that you spread a rumour and doubt everyone,” he said.