[BREAKING] Bar on Namesake Candidates: SC to Hear PIL on 3rd May

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 The corrupt electoral practice of sponsoring namesake candidates promises to be a significant and engaging discussion in the Supreme Court. As the PIL argues, ensuring a fair electoral process necessitates the proactive involvement of the Election Commission in addressing this issue

NEW DELHI: In an anticipated and engaging debate in the Supreme Court, the age-old political tactic of sponsoring namesakes of rival candidates as phantom contestants was discussed. The practice, aimed at drawing away votes that might have otherwise gone to the rival candidate, is being questioned for its corrupt nature.

The court hearing, scheduled for Friday (3rd May) is in response to a Public Interest Litigation (PIL) filed by Sabu Steephen, represented by counsel V K Biju. Steephen argues that such subterfuge undermines the true mandate of the people, and the Election Commission should address it as a corrupt electoral practice.

Steephen’s PIL highlights three specific cases from Kerala that exemplify the issue. In 2009, Satheeshan Pacheni lost by a margin of 1,820 votes, while a namesake candidate garnered 5,478 votes. Similarly, P A Mohd Riyas lost by 833 votes from Kozhikode, while four candidates named ‘Riyas’ collectively received 6,371 votes. In 2016, K Surendran, the BJP state president, lost by a mere 89 votes in Manjeswaram, where a namesake candidate received 467 votes.

Former Chief Minister O Panneerselvam finds himself faced with four other candidates with the same name. Steephen’s petition emphasizes that it does not challenge the right of independent candidates to contest elections.

However, it argues that the Election Commission should establish an effective mechanism to identify and eliminate deliberately sponsored namesake or dummy candidates who aim to fraudulently divert votes from genuine candidates.

“The petitioner isn’t suggesting that all independent candidates are illegitimate or lack the right to run. However, the EC should implement an efficient system to identify and eliminate imposters created solely to siphon votes from legitimate candidates,” he stated.

The petitioner seeks a direction from the Supreme Court, urging them to take urgent and appropriate measures to assess the background of namesake candidates and their campaigns after the submission of nomination forms. The petitioner also calls for the creation of a mechanism that can effectively identify and eliminate these phantom candidates.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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