E-Paper
Can't stop a ‘Rahul Gandhi’ or ‘Lalu Yadav’ from contesting polls: SC on namesake candidates
Having the same name as a politician, doesn't affect an individual's right to fight an election, the Supreme Court said.
An individual cannot be asked not to contest an election just because they share their name with a politician, the Supreme Court observed on Friday.
A three-judge SC bench headed by Justice BR Gavai, also comprising Justices Satish Chandra Sharma and Sandeep Mehta, made the remark even as it dismissed a plea seeking directions to the Election Commission of India (ECI) to take “urgent steps” to solve the issue of namesake candidates in polls.
Also Read: Namesake candidates clutter Lok Sabha polls in Maharashtra
“If somebody is born as Rahul Gandhi or Lalu Prasad Yadav, how can they be prevented from contesting elections? Would this not affect their rights? If someone's parents have given a similar name (to a political leader), can it come in their way of their right to fight elections?” the bench asked advocate VK Biju, who appeared for the petitioner, Sabu Steephen.
“You know what is the fate of this case,” the judges told the advocate and permitted him to withdraw the plea.
Also Read: Five ‘OPS’ in fray from Ramanathapuram Lok Sabha seat
In his plea, Steephen, the petitioner, had described the practice of fielding namesake candidates as “wrong” and an “old trick designed to create confusion in the minds of voters.” Such a practice, it stated, must be curtailed on a “war-footing” as “each and every vote has the power to decide a candidate's future.”
“The confusion arising in such cases must be replaced with clarity, and this can be proper amendment, modifications in the Representation of the People Act, 1951 and Conduct of Elections Rules, 1961,” Steepehen contended.
Click here for live election updates
He also expressed apprehension that the namesake candidates may not have knowledge and awareness about the political and administrative systems in India, and could bee getting "sponsorships" from rival political parties. He, however, clarified that he was not claiming that all independent candidates in a poll, are “fake.”
As per Rule 22(3) of the Conduct of Elections Rules, 1961, two or more candidates with the same name, shall be distinguished by the addition of their occupation or residence or in some other manner.
(With PTI inputs)
