A significant legal challenge has been mounted against a long-standing electoral practice in Maharashtra, just days before crucial civic body elections. A Public Interest Litigation (PIL) has been filed in the Bombay High Court, contesting the State Election Commission's (SEC) method of declaring candidates elected unopposed in wards where only one valid nomination is received.
Core Challenge: Denial of NOTA and Democratic Rights
The PIL, filed by Pune-based social activist Dnyaneshwar Bajirao Darwatkar, argues that this practice strips voters of their fundamental constitutional rights. The petition emphasizes that declaring a candidate elected without conducting a poll directly infringes upon Article 326 of the Constitution, which guarantees the right to vote, and Article 19(1)(a), which protects freedom of expression.
"The practice of unopposed elections deprives voters of their constitutional right to express dissent. NOTA is not a symbolic option, but a recognised electoral expression," the petition states. Darwatkar contends that the right to vote inherently includes the right to reject all candidates through the None of the Above (NOTA) option available on Electronic Voting Machines (EVMs).
Contradiction with SEC's Own 2018 Order
Adding weight to the argument, the PIL highlights a crucial order issued by the SEC itself on November 6, 2018. In that order, the Commission treated NOTA as a "fictitious electoral candidate." The directive mandates that if NOTA secures more votes than any individual candidate in a constituency, a re-election must be held.
The petitioner asserts that the current practice of declaring winners unopposed, thereby preventing any polling, is fundamentally contrary to this binding order. The plea points out that the SEC has already declared candidates elected unopposed in the results of recently announced municipal council and nagar panchayat elections, raising alarms that the same will be repeated in the imminent larger polls.
Urgent Hearing Sought Before Imminent Elections
The timing of this PIL is critical. Elections for 29 municipal corporations across Maharashtra are scheduled for January 15, with results to be declared on January 16. Darwatkar has filed an urgent application requesting the matter be heard by a division bench of the Chief Justice and Justice Gautam Ashwin Ankhad.
The petitioner warns that if the court does not intervene before the polling and results, the constitutional rights of voters in affected wards will be "taken away irreversibly." He clarifies that his challenge is not against any specific political party or candidate, but is aimed at ending what he calls an "anti-democratic electoral practice."
Darwatkar posed a fundamental question: "Elections are for voters. How can we call it elections if voters do not participate? It is a mockery of democracy and harmful. Why should voters lose their right to press NOTA or reject a candidate?"
The petition seeks clear directions from the High Court to:
- Mandate that voting be conducted even in wards with only one candidate.
- Ensure voters can exercise the NOTA option in all contests.
- Order re-elections in constituencies where NOTA secures the highest number of votes.
This legal move strikes at the heart of electoral participation and could set a major precedent for how uncontested seats are handled in Indian elections, reinforcing the power and purpose of the NOTA option.
