BJP’s Mukesh Dalal elected unopposed in Surat Lok Sabha race: Key questions answered on India’s electoral process
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
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Summary
BJP’s Mukesh Dalal has been elected unopposed from the Surat Lok Sabha seat, marking the ruling party’s initial victory in the ongoing elections. The election process in India involves several steps, which are often asked about. From filing nomination to certificate of election: Here are frequently answered questions (FAQs) to understand how the electoral process works in India
Bharatiya Janata Party (BJP) candidate Mukesh Dalal was elected unopposed from the Surat Lok Sabha seat in Gujarat on Monday, April 22. The victory marks the ruling party’s first win in the ongoing Lok Sabha elections, as all other nominees withdrew their candidature.
The development follows the rejection of the candidature of Congress’ Nilesh Kumbhani from the Surat seat on Sunday after the district returning officer prima facie found discrepancies in the signature of the proposers. Additionally, the nomination form of Suresh Padsala, the Congress’ substitute candidate from Surat, was also invalidated.
Voting for all 26 constituencies in Gujarat is scheduled for May 7, but after the Surat seat results were declared, polling will be held on 25 seats.
Except for Dalal, all eight candidates in the fray from Surat—four independents, three from smaller parties, and Pyarelal Bharti of the Bahujan Samaj Party—withdrew their nomination papers on the last day, as per the Surat district election office.
From filing nomination to certificate of election: Here are frequently answered questions (FAQs) to understand how the electoral process works in India
Q: What is the nomination process?
The nomination process begins with the release of the notification for the Lok Sabha elections. Candidates register their names with the Election Commission, asserting themselves as suitable contenders for public votes.
Once all certificates submitted by the candidates are examined, the Election Commission finalises their candidature for the Lok Sabha elections. Only after this approval can candidates enter the election field and campaign for votes.
Q: Who can file a nomination?
Any Indian citizen aged 25 at least and listed on the voter list can file a nomination for a Lok Sabha seat. Candidates nominated by political parties receive a ticket from the party, while independent candidates file nominations with their symbols. The Election Commission examines their applications for symbols and allocates the party symbol accordingly.
Q: How does the nomination process for elections work in India?
Candidates must file their nomination papers, along with the prescribed security deposit, with the returning officer of their respective constituency. These papers contain essential details such as the candidate’s name, address, and party affiliation. They also submit an affidavit, prepared by a notary, providing details of income, expenditure, and other requisite information.
Candidates are required to provide documents such as a passport-sized photo, Aadhar card, PAN card, domicile, caste certificate, etc. They also disclose details of movable and immovable properties, income, expenditure, loans of their spouse and dependent children, educational qualifications, and possession of weapons and jewelry.
If a candidate is involved in any criminal case, they must inform the Election Commission. All these details are provided through an affidavit.
Q: What happens after nomination papers are filed?
The Returning Officer scrutinises the nomination papers to ensure they meet all legal requirements. This includes verifying signatures, deposit payments, and adherence to election guidelines.
During the scrutiny period, objections can be raised against a candidate’s nomination if any discrepancies or violations are found, leading to disqualification. These objections can be made by anyone, and the Returning Officer may reject a nomination based on certain grounds.
Q: What are the grounds for rejecting a nomination?
The Returning Officer can reject a nomination either based on objections raised or on their own initiative. They may reject a nomination for various reasons, including:
Discrepancies in nomination papers: If there are any inconsistencies or errors in the nomination papers.
Non-fulfillment of eligibility criteria: If the candidate does not meet the eligibility criteria required to contest the election.
Forgery or fraud: If there is an evidence of forgery or fraud in the nomination papers.
Non-payment of deposit: If the candidate fails to submit the required security deposit.
Violation of election guidelines: If the nomination violates any election guidelines or regulations.
Q: What happens after the scrutiny of nominations?
Once the Returning Officer completes the scrutiny of all nominations, they prepare a list of candidates whose nominations are found valid. The Returning Officer then publishes this list on their notice board.
Q: What is the role of the returning officer?
The returning officer is responsible for verifying the eligibility of candidates, conducting the scrutiny of nomination papers, and addressing any objections raised. They play a crucial role in ensuring the fairness and legality of the electoral process.
Q: What happens if a candidate’s nomination is rejected?
If a candidate’s nomination is rejected, they have the option to appeal against the decision. However, if the rejection is upheld, the candidate cannot contest the election.
Q: What is the withdrawal process?
After filing nomination papers, the Election Commission scrutinises them, and processes like withdrawal of nominations are completed. Candidates can withdraw their names within a specified time period after filing of nomination. A declaration is given by the candidate on an affidavit for this purpose.
Q: How the certificate of election is granted?
After the election results are declared, the returning officer issues a certificate of election to the winning candidate, officially declaring them elected to the respective seat.
Q: What if a candidate wins unopposed?
If all other candidates withdraw from the fray, leaving only one candidate in the race, that candidate is declared elected unopposed. In that case, the candidate is issued a certificate of election from the returning officer on the same day.
Q: Can a party nominate a substitute candidate?
Yes, parties can nominate substitute candidates if the original nominee’s candidacy is rejected. However, the substitute candidate’s nomination must meet all legal requirements. Usually, all political parties keep a list of substitute candidates and make them file nominations along with the main candidate.
Q: What happens if a candidate wins unopposed in a multi-phase election?
In the case of a multi-phase election, if a candidate wins unopposed, polling in that constituency is not required. The winning candidate is declared elected, and polling is held only for the remaining seats.
Q: How does the election process affect the schedule of polling?
If a candidate wins unopposed, polling for that particular constituency is skipped, and the overall polling schedule may be adjusted accordingly.
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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow