Can't Bar A Rahul Gandhi Or Lalu Yadav From Contesting Polls: SC On Namesake Candidates

The Supreme Court on Friday asked a petitioner how can people born as Rahul Gandhi or Lalu Prasad Yadav be prevented from contesting polls.

The apex court was hearing a plea filed by Sabu Stephen, who sought direction to the Election Commission to take urgent steps for an effective mechanism to solve the issue of "namesake" candidates contesting polls.

"If somebody is born as Rahul Gandhi or if somebody is born as Lalu Prasad Yadav, how can they be prevented from contesting elections? Would it not be affecting their rights?" PTI quoted the bench comprising Justice B R Gavai and Justices Satish Chandra Sharma and Sandeep Mehta as asking advocate V K Biju, who appeared for the petitioner.

Calling the matter as "extremely serious," Biju pointed to Rule 22(3) of the Conduct of Elections Rules, 1961. This rule stipulates that in cases where two or more candidates share the same name, they must be differentiated by adding their occupation, residence, or by another suitable method.

The bench asked, "If somebody's parents have given a similar name, can it come in their way of their right to contest elections?"

"You know what is the fate of the case," it told Biju.

The plea stated, "The wrong practice of fielding 'namesake' candidates is an old trick to create confusion in the minds of voters." It said the need to curtail such a practice on a war footing, asserting that "each and every vote" holds the power to determine a candidate's future.

It asserted, "The 'namesake' candidates may not have any knowledge and awareness about the political and administrative systems in India, and they are getting 'sponsorships' from rival political parties, including money, materials, and other offers."

Also, the court stated, "However, the petitioner is not claiming that all the independent candidates are fake or not saying that those candidates do not have the right to contest. However, an effective scrutiny and appropriate mechanism should be there to avoid the namesake candidates, which is the need of the hour."