Can't stop Rahul Gandhi, Lalu Yadav from contesting polls as…: SC responds to ‘namesake candidates’ plea
SC responds to ‘namesake candidates’ plea
The Supreme Court on Friday declined to hear a plea urging the Election Commission to address the problem of “namesake” candidates in Lok Sabha elections 2024. After a bench headed by Justice B R Gavai showed disinclination to entertain the plea, the petitioner’s counsel sought permission to withdraw it.
The court told advocate V K Biju, who appeared in the court on behalf of petitioner Sabu Steephen, “If somebody is born as Rahul Gandhi or if somebody is born as Lalu Prasad Yadav, how can they be prevented from contesting elections? Would it not be affecting their rights?”
“If somebody’s parents have given a similar name, can it come in their way of their right to contest elections?” the bench asked.
Biju, referring to Rule 22(3) of the Conduct of Elections Rules, 1961, said the issue as “extremely serious”. The rule say ‘if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.’
The plea said the “wrong practice of fielding ‘namesake’ candidates is an old trick to create confusion in the minds of voters”.
It further added, such a practice is required to be curtailed on a war-footing since “each and every vote” has its power to decide a candidate’s future.
“Therefore, that the ‘confusion’ needs to be replaced with ‘clarity’ is the need of the hour, which can be achieved by way of proper amendment, modifications in the Representation of the People Act, 1951 and Conduct of Elections Rules, 1961. Moreover, it is an unhealthy and corrupted democratic practice,” the petition said.
It also said, ‘namesake’ candidates might lack political understanding in India, sponsored by rival parties with money and other offers. They’re termed ‘namesake’ candidates due to their lack of genuine participation.
“However, the petitioner is not claiming that all the independent candidates are fake or not saying that those candidates do not have the right to contest. However, an effective scrutiny and appropriate mechanism should be there to avoid the namesake candidates, which is the need of the hour,” the plea said.
(With inputs from PTI)