Uncontested Elections: What if only one candidate contests for a seat?

In India, uncontested elections occur when there is only one candidate nominated for a position, typically in legislative or local government elections, and therefore no voting is required for that specific seat. Read here to learn more.

When is a candidate elected unopposed?

What are the rules under the Representation of the People Act?

What are the requirements for valid nominations?

Uncontested elections

The rules and implications of uncontested elections are governed by various election laws and guidelines provided by the Election Commission of India.

The Election Commission of India in its handbook for returning officers spells out how uncontested elections work.

• It states: “If in any constituency there is only one contesting candidate, declare that candidate to have been duly elected immediately after the last hour for withdrawal of candidature. In that event, a poll is not necessary.”

Since Independence, this has happened on at least 35 occasions.

• In 1951, during the very first general elections, five candidates were elected unopposed.
• Seven more candidates were elected unopposed to the Lok Sabha in 1951.
• The last time a person was elected unopposed to the Lok Sabha was in Jammu and Kashmir’s Srinagar back in 1989.
• When it comes to the bypolls, it happened when a candidate won unopposed from the Kannauj Lok Sabha seat in 2012.

Legal Framework

• The conduct of elections in India, including uncontested elections, is governed by the Representation of the People Act, 1951, and various rules set forth under the Constitution.
• Specific procedures are outlined in these statutes to manage situations where elections are uncontested.
• Article 329(b) of the Constitution read with the Representation of the People Act, 1951 provides that no election shall be called into question except by an election petition before the concerned High Court.
• One of the grounds on which such an election petition can be filed is an improper rejection of nomination papers. Hence, the legal recourse available is to file an election petition in the Gujarat High Court.
• The Representation of the People Act provides that High Courts shall endeavour to conclude such trials within six months, which has mostly not been followed in the past.
• Speedy disposal of election petitions would be a step in the right direction.

Procedure for Uncontested Election

• Nomination Process: Candidates must file their nomination papers by the deadline specified by the Election Commission. The nomination papers must be duly filled and meet all required legal criteria.
• Scrutiny of Nominations: After the nominations are filed, they are scrutinized by the Returning Officer to ensure that all required conditions are met, including the eligibility of the candidate and the correctness of the nomination form.
• Withdrawal of Candidature: After the nominations are scrutinized, there is a period during which candidates can withdraw their nominations. This is the final opportunity for candidates to retract their candidature without affecting the election process.
• Declaration of Result: If, after the withdrawal period, only one candidate remains in the fray (i.e., all other candidates have either been disqualified during scrutiny or have withdrawn their nominations), the remaining candidate is declared elected unopposed. This declaration is made by the Returning Officer.

Requirements for valid nominations

As per election nomination rules, a candidate endorsed by a recognised political party needs at least one voter from the constituency to propose their candidacy.

• But if the candidate is Independent or nominated by an unrecognised political party, 10 voters from the constituency must sign the nomination paper.

These requirements are primarily outlined in the Representation of the People Act, 1951, and vary slightly depending on whether the election is for the Lok Sabha (the lower house of Parliament), the Rajya Sabha (the upper house of Parliament), or state legislatures.

Here’s a rundown of the general requirements for a valid nomination in India:

1. Eligibility of the Candidate

• Citizenship: The candidate must be a citizen of India.
• Age: Must be at least 25 years old for Lok Sabha or state legislative assembly elections, and at least 30 years old for Rajya Sabha elections.
• No Disqualifications: The candidate must not be disqualified from voting or contesting in elections due to reasons such as being unsound-minded, an undischarged insolvent, a convicted criminal under certain conditions, or disqualified under any legislation.

2. Nomination Papers

• Form and Manner: Candidates must file their nomination papers in the prescribed format. This includes providing personal details, declaring assets and liabilities, and information about criminal antecedents (if any).
• Number of Proposers: For Lok Sabha and state assembly elections, a candidate from a recognized political party needs only one proposer from his constituency, whereas an independent candidate needs ten proposers. For Rajya Sabha elections, the number of proposers and seconders required is also specified depending on the procedure.

3. Deposit Fee

• Security Deposit: A candidate must deposit a security fee, which is forfeited if the candidate fails to secure a certain percentage of votes. The amount varies: for instance, as of the last updates, it’s ₹25,000 for general candidates and ₹12,500 for SC/ST candidates for Lok Sabha elections.

4. Affidavit

• Legal Declarations: Candidates are required to submit an affidavit declaring their criminal records, assets, liabilities, and educational qualifications. This ensures transparency and allows voters to make informed choices.

5. Supporting Documents

• Proof of Identity and Age: Candidates must provide adequate documents to prove their identity and age, such as a passport, PAN card, or Aadhaar card.
• Other Certifications: Depending on the nature of the election, additional certifications related to caste, residency, or other eligibility criteria might be needed.

6. Time Frame

• Deadline: Nomination papers must be submitted by a specified deadline, failing which the nomination will not be considered valid.

7. Scrutiny and Withdrawal

• Scrutiny of Nominations: After nominations are submitted, they are scrutinized by the Returning Officer to ensure all criteria are met. This may involve a formal hearing where objections can be raised against the nominations.
• Withdrawal Period: There is a period following the scrutiny during which candidates can withdraw their nomination.

Significance and Criticism

• Administrative Efficiency: Uncontested elections save resources and administrative efforts since no voting process is required. This can be particularly advantageous in local elections or in regions with clear political dominance.
• Democratic Concerns: Uncontested elections are often criticized for not truly reflecting democratic principles. They can sometimes be a result of political manipulation, where opposition parties are pressured or dissuaded from contesting. Moreover, voters are deprived of a choice, which is a fundamental aspect of democratic elections.
• Political Strategy: In some cases, parties might focus their resources strategically and decide not to contest certain unwinnable seats to concentrate on winnable ones. This can lead to uncontested elections in areas where a party holds a strong influence.

Why in the news?

Lok Sabha elections, 2024: On April 22, the ruling Bharatiya Janata Party opened its tally in the Lok Sabha when its nominee for the Surat constituency in the western State of Gujarat, Mukesh Dalal, was elected unopposed.

• This followed the rejection of the nomination papers of other candidates and the withdrawal of other nominees.
• This also means Gujarat’s second-largest city will not go to the polls on May 7.

Way forward

Uncontested elections can be particularly problematic in democratic countries like India, where vibrant and diverse political representation is crucial.

Strengthening Political Participation:

• Encouraging Political Entry: Reduce barriers to entry for political participation. This can be done by lowering deposit amounts required for candidacy, simplifying the nomination process, and providing resources for potential candidates to understand and navigate the electoral process.
• Capacity Building: Conduct workshops and training programs for aspiring politicians on governance, policy-making, and election campaigning to enhance their effectiveness and readiness for public office.

Electoral Reforms:

• Proportional Representation: Introducing or expanding the use of proportional representation systems can encourage more parties and individuals to participate, knowing that they do not need to win a plurality in a single-member district.
• Multi-Member Constituencies: By having constituencies elect more than one representative, smaller parties and independents might have a better chance of winning seats, thus motivating more candidates to run.

Rules for Political Parties:

• Penalties for Non-Participation: Implement rules that penalize political parties if they leave constituencies uncontested, such as reduced access to public campaign funding or other benefits.

Civic Engagement and Voter Education:

• Voter Awareness Campaigns: Increase voter awareness about the importance of contested elections and how they can demand better accountability from political parties.
• Civic Education: Incorporate comprehensive civic education in schools and universities to build a culture of political participation and informed voting from a young age.

Regulatory Framework:

• Transparency and Accountability: Implement stringent regulations that require political parties to disclose their reasons for not contesting a seat, enhancing transparency.
• Legal Framework: Amend electoral laws to make it mandatory for political parties to contest a minimum percentage of seats to maintain their registration as a national or state party.

Encouraging Independent and Minority Candidates:

• Support Mechanisms: Establish platforms and support mechanisms that help independent candidates and representatives from minority communities to contest elections effectively.
• Protection Against Discrimination: Ensure robust legal protection against discrimination and violence toward candidates, particularly those from marginalized groups.

Conclusion

Uncontested elections are relatively rare in general elections in India due to the competitive nature of politics at the national level.

However, they are more common in local elections and in certain states where one party may dominate.

The Election Commission continually monitors and updates the election process to ensure fairness and to mitigate issues associated with uncontested elections.

Previous year questions

1. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (Mains 2022)
2. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (Mains 2017)

Related articles:

• Simultaneous elections
• One nation, one election
• Alternative voting methods in India

-Article by Swathi Satish