Voters have right to reject all candidates contesting elections: SC
Moneylife Digital Team 27 September 2013

The landmark judgement from the apex court would force political parties to find better candidates and also pay attention to middle-class concerns about growth, development and infrastructure, instead of focusing only on narrow vote banks and money-muscle power of its candidate

In a landmark judgement, the Supreme Court on Friday said, voters have a right to reject all candidates contesting an election. This negative voting would now make all political parties to select good candidates unlike the current practice to decide candidature based on the money and muscle power of the candidate.

 

While delivering the significant verdict, the apex court said, negative voting would lead to systemic change in polls and political parties will be forced to project clean candidate as well as foster purity and vibrancy in elections. "If right to vote is statutory right, right to reject candidate is fundamental right of speech and expression under the Constitution," the SC said.

 

Elections are an expensive and nerve-racking business for political parties and the cost of a re-election and finding worthy candidates will be very high. The right-to-reject button alone will create plenty of pressure in entrenched political parties to find better candidates and also pay attention to middle-class concerns about growth, development and infrastructure, instead of focusing only on narrow vote banks. Even a 25% improvement in the choice of candidates will lead to a significant incremental transformation in India. 

 

Last year, while speaking at a seminar titled “Democracy at Crossroads—Need for Electoral Reforms”, organised by Moneylife Foundation and V Citizens Action Network (VCAN), Dr SY Quraishi, former chief election commissioner had said, “What people don’t understand is the lower the turn-out, the easier it is for the criminals and dishonest candidates to win.”

 

With the Supreme Court decision, people who desist from voting because of not finding right candidate, would come forward and participate in the election process.

 

In January 2012, some like minded activists, including Vallabh C had stated a petition on Change.org for requesting the Election Commission to fully restore secrecy of voting and introduce a button on electronic voting machines (EVMs) for 'not voting'.

 

Earlier this month, the Supreme Court ruled that the returning officer can reject nomination papers of a candidate for non-disclosure and suppression of information, including that of assets and their criminal background.

 

The apex court said voters have a fundamental right to know about their candidates and leaving columns blank in the nomination paper amounts to violation of their right. The Election Commission (EC) had supported the plea filed by Resurgence India, a civil rights group, that no column should be allowed to be left blank which tantamount to concealing information and not filing complete affidavit.

Comments
manoj
1 decade ago
The verdict of Supreme Court on the inclusion of negative vote in election is good. But how far it will be materialised? To add a button no longer solves present problems. Lakhs of voters are still deprived of their right to take apt decision at the time of election. The colour of the button and its position too should be different and it will not be identical with the buttons against the names and symbols of candidates. People use the button without discretion. It is heard that many voters cast their vote without understanding the name or symbol and very often their choice fall first or last button of the EVM.I think those who boycott elections will have a chance, at least to make use of the system itself to put forward their demands or to propose a candidate of their choice for parliamentary practices. When we compare with right to recall, referendum or plebiscite and proportional representation, it is easy and more acceptable form of public censoring. I favour a law making in this regard. Elections will be clear and transparent and results will be declared as early as possible.
Nilesh KAMERKAR
1 decade ago
Those trying to take the ordinance route, here's the return ticket. . .
TIHARwale
1 decade ago
Good that Supreme Court has directed Election Commission of India to provide "None of the above" choice option button to be made available in EVMs, this along with debarring convicted elected representatives from retaining their seats in legislature should be used by voters judiciously and by providing this option the digital voters who avoided casting votes during election under pretext all the available candidates in our area were unworthy should ensure they mark their protest by exercising vote in favour of "None of the above" . Election commission of India should come up with guidelines that for whichever seat "None of the above" gets the lead position re poll will not held before one year and so this calls for suitable amendment to present position that by poll is called up whenever seat is declared vacant and also no by poll need to be held if left over period of the legislature is less than one year from next general election.
Dayananda Kamath k
Replied to TIHARwale comment 1 decade ago
do you want to debarr representation tothe people who took a right decision not to elelct good among the crooks contesting.the purpose of the decision itself is defeated. already there are reports that this will be included in invalid votes and negate the effect of court ruling. all the candidates who have contested should be barred from contesting election from any constituency till two elections are completed for the same post in that constituency. and reelection should be held withing one month from that date of the result of the present election.then only parties will be forced to put good candidates.
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