Bharat Express

Supreme Court Asserts: Cannot Bar ‘Rahul Gandhi’ or ‘Lalu Yadav’ from Contesting Polls, Even as Namesake Candidates

Under Rule 22(3) of the Conduct of Elections Rules, 1961, candidates with identical names should be distinguished by adding their occupation, residence, or through other means to avoid confusion among voters.

The Supreme Court, led by Justice BR Gavai alongside Justices Satish Chandra Sharma and Sandeep Mehta, dismissed a plea urging the Election Commission of India (ECI) to address the issue of namesake candidates in elections. The bench emphasized that individuals sharing names with politicians cannot be barred from contesting elections, affirming their right to do so.

During the proceedings, the judges questioned the petitioner’s argument, highlighting that individuals shouldn’t be hindered from participating in elections simply due to sharing names with political figures. They allowed the petitioner to withdraw the plea, indicating the likely outcome of the case.

In the plea, the petitioner, Sabu Steephen, criticized the practice of fielding namesake candidates as misleading and called for urgent measures to address it. Steephen suggested amending the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, to bring clarity and transparency to the electoral process.

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Expressing concerns, Steephen highlighted that namesake candidates might lack sufficient understanding of India’s political and administrative systems and could potentially receive support from rival political parties. However, he clarified that not all independent candidates should be presumed as “fake.”

Under Rule 22(3) of the Conduct of Elections Rules, 1961, candidates with identical names should be distinguished by adding their occupation, residence, or through other means to avoid confusion among voters.



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