What is the unopposed candidate election criteria?

In the Lok Sabha, the tally of the Bhartiya Janata Party was opened on April 22. It was at this time that Mukesh Dalal, the nominee of the Bhartiya Janata Party for the constituency of Surat in the state of Gujarat successfully got elected unopposed. What does this mean? This came after the nomination papers of the candidates from Congress were rejected. Now, this implies that the second-largest city in Gujarat will not be conducting elections on May 7.

Let's understand the matter better.

The process of getting elected before polling

In order to understand this, one needs to turn to law. This matter can be understood in accordance with the Representation of the People Act of 1951. Section 53 (3) of the Act actually caters to the method that takes place in scenarios of uncontested elections. As per this proviso, in case the number of such candidates is actually less than the number of seats that are required to be filled, the returning officer shall forthwith announce all such candidates to be elected. The actions of the returning officers are actually governed by Section 33 of the Representation of the People Act of 1951. This section talks about the presentation of the nomination documents and all the other requirements needed for a valid nomination.

Now, if we delve deeper, then sub-section 4 of the section states that the returning officer, on the presentation of the nomination paper, shall actually satisfy himself that the electoral roll numbers and names of the candidate and his proposer are the same as those entered in the electoral rolls.

Also, the Handbook for Returning Officers (Edition 2) also talks about the situation in its chapter themes around uncontested elections. It suggests that in case in any constituency, there exists only one candidate contesting, then that particular candidate should be announced to have been elected just after the last hour for the withdrawal of the candidature. In a situation like this, there is no need for a poll. The Handbook for Returning Officers also suggests that all the candidates who are actually returned as uncontested must publicize the details in the given format according to the timeline.

Possibility of negative voting

The option for None of the above (NOTA) has been there in the system since the year 2013. The Conduct of Election Rules of 1961 actually entitles the electors to choose not to vote as per Rule 49-O. Now, there is a difference between choosing NOTA and exercising the Rule 49-O. In the case of Rule 49-O, there are chances for the elector to comprise with his secrecy. However, in the case of NOTA, the secrecy of the elector remains safe.

However, it is important to note that as per the Handbook, the NOTA votes are not to be taken into account for the purpose of calculating the total valid votes.