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Supreme Court Refuses To Entertain Plea On ‘Namesake’ Candidates In Polls

News On Time Desk 03 May 2024

New Delhi: Refusing to entertain a plea seeking Election Commission to take urgent steps for an effective mechanism to solve the issue of “namesake” candidates contesting polls, the Supreme Court on Friday said, “If parents have given similar names to candidates, how can they be prevented from contesting polls?”

“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.

Fielding namesake candidates is an age-old electoral trick adopted by several political parties where candidates with names similar to that of a popular candidate are fielded by rival parties in a bid to confuse the voters and get them to vote for the namesakes. This trick effectively harms the heavyweight.

Arguing that namesake candidates are fielded in high-profile seats to mislead voters, petitioner Sabu Stephen had moved a public interest litigation (PIL) in which he stressed that the presence of such candidates often causes the heavyweight candidates to lose by a slim margin.

The petitioner also sought a direction to the Election Commission of India to take urgent steps to stop this trend.

Describing the issue as “extremely serious”, Biju had referred to Rule 22(3) of the Conduct of Elections Rules, 1961, which says if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

A bench headed by Justice B R Gavai which also comprised Justices Satish Chandra Sharma and Sandeep Mehta asked, “If somebody’s parents have given a similar name, can it come in their way of their right to contest elections?Like Rahul Gandhi and Lalu Prasad Yadav.” the bench asked advocate V K Biju, who appeared in the court on behalf of petitioner Sabu Steephen.