Introduction 

In Gujarat's Surat constituency, the Congress party faced a major setback when one of the Lok Sabha candidate nominations was rejected after three proposers denied signing his nomination form. The controversy deepened as the party's substitute candidate's nomination was also rejected on similar grounds, effectively leaving Congress without any candidate in the fray from Surat. 

What is the Main Issue Involved? 

• The main issue revolves around discrepancies in nomination signatures for a Congress candidate. 
• A Congress LS candidate's nomination was rejected due to alleged discrepancies in proposers' signatures 
• Three proposers reportedly claimed they had not signed the nomination form 
• When asked about this, the candidate claimed the proposers were "unreachable" and either "gone underground or have been kidnapped" 
• The candidate's team appeared before Parghi (returning officer) for a special hearing 
• After verification, the returning officer found discrepancies in the signatures on the nomination forms 
• The nomination was rejected under Section 36(2) of the Representation of the People Act 1951 
• The Congress party has alleged this is the "handiwork of BJP" 
• The Congress is now seeking a stay on polling in that seat, calling it "murder of democracy." 

The Representation of the People Act 1951 

• About: 
  • The Act derives its authority from Part XV (Articles 324-329) of the Indian Constitution,1950. 
  • It implements the constitutional mandate of universal adult suffrage under Article 325 from Indian Constitution. 
  • Works in conjunction with the Election Commission of India established under Article 324 from Indian Constitution. 
• Purpose and Scope 
  • This Act provides the framework for conducting elections to:  
  • Houses of Parliament (Lok Sabha and Rajya Sabha) 
  • State Legislative Assemblies and Councils 
• Electoral Process 
  • Notification and conduct of elections 
  • Regulates conduct of elections and by-elections 
  • Establishes administrative framework for conducting elections 
  • Empowers Election Commission to oversee electoral processes 
  • Administrative machinery for conducting elections 
  • Polling stations and voting procedures 
  • Counting of votes and declaration of results 
• Qualifications and Disqualifications 
  • Eligibility criteria for candidates 
    • Sets minimum age of 25 years for MP/MLA candidates 
    • Requires candidates to be electors in their constituencies 
    • Mandates special provisions for SC/ST reserved seats 
  • Grounds for disqualification  
    • Establishes grounds for MP/MLA disqualification 
    • Imposes 6-year ban post-release for 2+ year convictions 
    • Applies disqualification from conviction date 
    • Conviction for certain offenses 
    • Corrupt practices 
    • Government contracts 
    • Office of profit 
• Electoral Offenses 
  • Corrupt practices including:  
    • Bribery 
    • Undue influence 
    • Appeal on grounds of religion, race, caste 
    • Promotion of enmity between different groups 
• Electoral malpractices:  
  • Booth capturing 
  • Unauthorized voting 
  • Intimidation of voters 
• Dispute Resolution 
  • Election petitions 
  • Grounds for declaring elections void 
  • Procedure for challenging election results 
  • Powers of courts in electoral disputes 
• Registration and Recognition 
  • Registration of political parties 
    • Mandates registration of political parties with Election Commission 
    • Allows parties to receive voluntary contributions (up to ₹2000 in cash) 
    • Requires parties to report donations above ₹2000 
  • Recognition of national and state parties 
  • Allocation of symbols 
• Implementation 
  • Powers of Election Commission 
  • Role of returning officers 
  • Duties of presiding officers 
  • Rights and duties of polling agents 
• Penalties 
  • Imprisonment terms for various offenses 
  • Financial penalties 
  • Disqualification periods 
  • Consequences of corrupt practices 
• Voting Rights & Process: 
  • Ensures one person can vote only once per election 
  • Introduces NOTA (None of The Above) option 
  • Implements VVPAT (Voter Verifiable Paper Audit Trail) system 
• Campaign & Expenditure Regulations: 
  • Sets spending limits (₹70 lakh for Lok Sabha, ₹28 lakh for Assembly) 
  • Prohibits election publicity 48 hours before polling 
  • Regulates postal ballot voting 
• Transparency Requirements: 
  • Mandates declaration of assets, liabilities, and criminal records 
  • Requires educational qualification disclosure 
  • Sets 90-day deadline for MPs to file declarations 
  • Anti-Corruption Measures: 
  • Defines and prohibits corrupt practices like bribery 
  • Prevents undue influence in elections 
  • Bans promotion of enmity between groups 

What are the Significates of the Act? 

• Strengthening Democracy 
  • The Acts establish direct elections across constituencies 
  • Citizens are empowered to actively participate in selecting their representatives 
  • This creates a more grassroots democratic process 
• Balanced Representation 
  • Through delimitation provisions, the RPA 1950 ensures constituencies have similar numbers of voters 
  • This creates fairness by giving equal weight to each citizen's vote 
• Federal Structure 
  • The Acts reinforce India's federal system 
  • Each state receives proportionate representation in Parliament 
  • This balances national and regional interests 
• Political Integrity 
  • RPA 1951 helps combat criminalization of politics 
  • Bars individuals with criminal records from contesting 
  • Aims to break the politician-criminal-police nexus 
• Financial Oversight 
  • Establishes mechanisms to monitor election spending 
  • Prevents misuse of public resources 
  • Requires candidates to be financially accountable 
• Electoral Integrity 
  • Prohibits malpractices like booth capturing and bribery 
  • Promotes free and fair elections 
  • Fosters democratic values and political freedoms 
• Transparent Funding 
  • Creates framework for tracking political donations 
  • Only registered parties can receive electoral bonds 
  • Makes political funding more traceable and accountable 

What is Section 36(2) of The Representation of the People Act, 1951 ? 

• Under Section 36(2)(c), a nomination can be rejected if "the signature of the candidate or the proposer on the nomination paper is not genuine." 
• In this case: 
  • Three proposers claimed they had not signed the nomination form 
  • The Returning Officer (Parghi) conducted verification of the signatures 
  • Upon verification, discrepancies were found in the signatures on the nomination forms 
  • Based on these discrepancies, the nomination was rejected under Section 36(2) 
• The rejection appears to be primarily based on Section 36(2)(c) regarding non-genuine signatures of proposers. 
• Key procedural points from Section 36 that were followed: 
  • The Returning Officer examined the nomination papers 
  • A summary inquiry was conducted regarding the objections 
  • The candidate was given opportunity for hearing (special hearing was held) 
  • The Returning Officer recorded their decision to reject the nomination 

Conclusion  

The incident has sparked a debate, with Congress alleging foul play and claiming their proposers were "kidnapped" by the ruling BJP using state machinery. While Congress has decided to challenge this decision in higher courts, this development has effectively eliminated their presence in the Surat Lok Sabha race, marking a significant blow to their electoral prospects in Gujarat.