Supreme Court overturns Rajasthan SEC order on voter awareness ban
The court directed the Rajasthan State Election Commission to reconsider a request by social activists to conduct awareness campaigns.
The Supreme Court on Monday set aside an order by the Rajasthan State Election Commission (SEC) that refused permission to a civil society organisation to run voter awareness campaigns. The decision comes ahead of the ongoing local body elections in the state, according to Deccan Chronicle.
A bench including Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana directed the SEC to reconsider the request within 48 hours. The court was hearing a plea from Mazdoor Kisan Shakti Sangathan (MKSS) co-founders Aruna Roy and Nikhil Dey.
The activists challenged the SEC's use of prohibitory orders under section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to deny the campaign. Advocate Prashant Bhushan, representing the activists, stated the non-partisan campaign aims to educate voters on democratic rights and the None of the Above (NOTA) option while discouraging electoral malpractice.
The SEC had opposed the plea, stating it feared the campaign might be acting on behalf of another person and noting that the Commission was already running its own programmes. Justice Bagchi rejected this, stating the Commission cannot claim a monopoly over awareness activities.
The judge noted that while the Commission can regulate corrupt practices, it cannot restrict others from conducting awareness exercises. The court described such organisations as a helping hand rather than an entity to be restricted.
The state's Panchayati Raj elections are being held in four phases. Polling for Zila Parishad and Panchayat Samiti members is set for November 14, with Sarpanch and Panch elections occurring on November 16.
