The Supreme Court on Monday set aside an order of the Rajasthan State Election Commission (SEC) refusing permission to a civil society organisation to conduct voter awareness campaigns ahead of the ongoing local body elections in the state, PTI reported.

Source: PTI via The Sen Times

Observing that voter awareness initiatives by such organisations should be encouraged rather than restricted, a Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed the SEC to reconsider the organisation's request within 48 hours. "The State Election Commission, Rajasthan, is directed to reconsider the petitioners' request for permitting them to conduct voter awareness campaigns as per the list appended to the application. Let them decide within 48 hours. Their earlier order is set aside," the Bench ordered, according to PTI.

The Bench was hearing a plea filed by social activists Aruna Roy and Nikhil Dey, co-founders of the Mazdoor Kisan Shakti Sangathan (MKSS). They had challenged the denial of permission to undertake voter awareness campaigns during the local body polls, after prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were imposed in poll-bound areas, LiveLaw reported.

Source: LiveLaw

"You cannot take over or monopolise voter awareness exercises," Justice Bagchi told the SEC, according to LiveLaw. "If you are conducting it, that does not stand in the way of any other authority conducting a voter awareness exercise. You cannot restrict people from doing it," he said, adding that the commission could regulate if any corrupt practice was carried out in the name of voter awareness, but could not block the exercise itself.

Advocate Prashant Bhushan, appearing for the activists, told the court that the campaign has been conducted since 2004 and seeks to educate voters about their democratic rights and electoral choices, including the option of None of the Above (NOTA), and to discourage them from accepting money or other inducements in exchange for votes, Bar and Bench reported. He submitted that the campaign did not support or oppose any candidate and involved small groups conducting interactive sessions in villages, and that the group had applied for permission twice and been rejected both times.

Source: Bar and Bench

The SEC opposed the request, arguing that it had examined the representation and found that the proposed campaign could be at the behest of someone else, and that it was already conducting voter awareness programmes of its own — a justification Justice Bagchi rejected, Bar and Bench reported.

Polls in four phases, final voting on November 14 and 16

Rajasthan's Panchayati Raj elections are being held in four phases. Polling for Zila Parishad and Panchayat Samiti members in the final phase is scheduled for November 14, while elections for Sarpanch and Panch posts will take place on November 16. The elections cover 41 Zila Parishads, 457 Panchayat Samitis and 14,403 Gram Panchayats, according to Bar and Bench.

The court impleaded the Rajasthan SEC as a respondent in the matter before setting aside its refusal. What happens next is now in the commission's hands: it must take a fresh decision on the group's application within 48 hours of Monday's order.