New Delhi, Nov 2 (PTI) The Supreme Court on Monday set aside an order of the Rajasthan State Election Commission (SEC) refusing permission to a civil society organisation to conduct voter awareness campaigns ahead of the ongoing local body elections in the state.
Observing that voters’ awareness initiatives by such organisations should be encouraged rather than restricted, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed the SEC to reconsider the organisation’s request within 48 hours.
The bench was hearing a plea filed by prominent social activists Aruna Roy and Nikhil Dey, co-founders of the Mazdoor Kisan Shakti Sangathan (MKSS).
They challenged denial of the nod by the SEC to undertake voters’ awareness campaigns during the local bodies polls in the state by imposing prohibitory orders under section 163 of the BNSS (the Bharatiya Nagarik Suraksha Sanhita) in poll-bound areas.
“The State Election Commission, Rajasthan, is directed to reconsider the petitioners’ request for permitting them to conduct voter awareness campaigns as per the list appended to the application. Let them decide within 48 hours. Their earlier order is set aside,” the bench ordered.
During the hearing, Justice Bagchi emphasised that the poll panel could not claim a monopoly over voter awareness activities merely because it was conducting similar programmes independently.
“Everyone has a right to go for voter awareness. You should welcome it,” Justice Bagchi said.
Advocate Prashant Bhushan, appearing for activists, challenged the Rajasthan SEC’s refusal to allow the petitioner organisation to undertake voter awareness activities in the run-up to the local body elections.
Bhushan submitted that the campaign, which has been conducted since 2004, seeks to educate voters about their democratic rights and electoral choices, including the option of None of the Above (NOTA).
It also aims to discourage electoral malpractice by sensitising voters against accepting money or other inducements in exchange for their votes, he added.
Bhushan said that the proposed activities were entirely non-partisan, did not support or oppose any candidate, and involved small groups conducting interactive awareness sessions in villages.
Opposing the plea, the SEC said that it had examined the representation and apprehended that the proposed campaign could be undertaken at the behest of another person.
It also pointed out that the Commission was already conducting its own voter awareness programmes.
Justice Bagchi, however, rejected the Commission’s reasoning, observing that its own awareness initiatives could not be a ground to prevent other organisations from undertaking similar efforts.
“That is not something within your domain. If you are conducting it, that does not stand in the way of any other authority conducting a voter awareness exercise. You cannot restrict people from doing it. They will be your helping hand,” the judge observed.
The bench further clarified that while the Commission could regulate any corrupt practices carried out under the guise of voter awareness, it could not take over or monopolise such initiatives.
“If they indulge in any corrupt practices in the name of voter awareness, you are there to regulate. But you cannot take over or monopolise voter awareness exercises,” Justice Bagchi said.
Panchayati Raj elections in the state are being held in four phases and polling for Zila Parishad and Panchayat Samiti members in the final phase is scheduled for November 14, while elections for Sarpanch and Panch posts will take place on November 16.
The elections cover 41 Zila Parishads, 457 Panchayat Samitis and 14,403 Gram Panchayats, with more than 4.03 crore voters reportedly eligible to exercise their franchise. PTI SJK MNL SAP SJK SAP
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