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Podcast: In Focus by The Hindu
Episode: Is a candidate winning an election ‘unopposed’ unconstitutional?
Description: 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 holding the election on the...