The Supreme Court of India on Monday issued a significant ruling, asserting that the Election Commission does not possess a monopoly over the conduct of voter awareness campaigns. The court’s decision came as it set aside an order by the Rajasthan State Election Commission, which had previously denied permission for a civil society group, led by activist Aruna Roy, to carry out educational activities ahead of local elections.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana presided over the matter. In its directives, the court instructed the Rajasthan State Election Commission to reconsider the representation submitted by the petitioners. The authorities have been given a window of 48 hours to make a fresh decision regarding the group’s request to run awareness campaigns during the third and final phase of the ongoing Panchayati Raj elections, which are scheduled for November 14.
The legal dispute originated on October 9, when the Rajasthan State Election Commission refused permission for the civil society initiative. The initiative aimed to educate voters on selecting their representatives carefully and encouraged them to refrain from bartering their votes for bribes. During the proceedings, the state election body, represented by advocate Amit Kuri, argued that the denial was necessary to maintain law and order. The commission cited the imposition of prohibitory orders aimed at keeping anti-social elements at bay during the pre-election period.
Representing the petitioners, advocate Prashant Bhushan contended that the proposed activities were strictly focused on voter education rather than partisan political activity. He further questioned the validity of using blanket prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to restrict gatherings for non-political purposes, such as civil awareness.
In response to the state commission’s stance, the Supreme Court clarified that while the Election Commission conducts its own outreach programs, this does not bar other organizations from conducting similar civic exercises. The bench emphasized that the primary role of the election body is to monitor and rectify any instances of corrupt practices rather than restricting independent educational efforts. "Everyone has a right to do so," the bench noted, affirming that civil society plays a legitimate role in the electoral process.
However, the court also placed conditions on how such campaigns should be conducted. The bench advised petitioner counsel Prashant Bhushan that civil society groups cannot seek a generic, open-ended permission for these activities. Instead, they must provide specific details regarding the intended time and place for each campaign to the concerned local authorities to facilitate orderly conduct.
The upcoming final phase of polling on November 14 is part of a larger three-phase electoral process in Rajasthan, which encompasses 41 Zila Parishads, 457 Panchayat Samitis, and 14,403 Gram Panchayats. Following the conclusion of this phase, the elections for the posts of 'sarpanchs' and 'panchs' are slated for November 16. With the Supreme Court’s intervention, the civil society group now has a limited timeframe to secure the necessary approvals to proceed with their voter education efforts before the polls commence.
Comments