Somebody With Name Rahul Gandhi Or Lalu Prasad Can't Be Prevented From Contesting Elections: Apex Court Refuses To Entertain PIL Filed To Resolve Issue Of Namesake And Imposter Candidates

The matter was listed before the Bench of Justice BR Gavai, Justice Satish Chand Sharma and Justice Sandeep Mehta.

Advocate for the Petitioner referred to the 170th Law Commission Report, Rule 22 and Rule 30 of Conduct of Elections Rules 1961. He said that Rule 22 states that if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

He further said that some kind of differentiating aspect must be added to the name of the candidates with similar names such as his/her house name or father's name.

Justice Gavai remarked, "Somebody's parents have given them a similar name, can it come in the way of their right of contesting elections?... Somebody born as Rahul Gandhi or somebody born as Lalu Prasad Yadav, how can they be prevented from contesting elections? Wouldn't that affect their rights?"

The petition, filed by Advocate V. K. Biju, stated, “The history of dupes overturning the will of the people is making the democrats uncomfortable. After every election, there are complaints being raised that they are the reason for the loss of many candidates. That, as also reported by Manorama that one of the main leader Shri. V. M. Sudheeran lost by 1009 votes however S. Sudheeran, a dupe got 8282 votes in Alappuzha in 2004, In the Loksabha elections of 2009 alone, they were able to determine the winners at two places in Kerala. Earlier, Satheeshan Pacheni lost by 1820 votes. His dupe captured 5478 votes.”

The Petition also referred to the incident of the 2009 Loksabha Election in Kozhikode where the current minister P.A. Muhammed Riyas lost by 833 votes and at the same time, 4 others/dupes with the same name ‘Riyas’ gained 6371 votes.

Further, it was stated, “That on 18.05.2016, as per the report of the First post-BJP Candidate Hema Malini had to contend with two other Hema Malini’s. In the same article, it is also reported that Congress Candidate K Sudhakaran lost the 2014 Lok Sabha election for 6566 votes while two of his namesakes got 7151 votes. That the said report also indicated stories in connection with Irikkur, Kannur, Thalassery, Koothuparambu and Azhikode constituencies where the candidates who faced the same issues…That on 8.9.2021 the Sky News report dated 8.9.2021 It is reported that not only the same name but also a similar look or face also using for spoiling the true will of the voters as reported. True copy of the Editorial of the famous news daily Sky News report…”

The Petitioner stated that the present petition was filed to enhance the trust in the minds of the citizens in the electoral process under the constitutional spirit.

He inter alia prayed for the appropriate steps such as “Meet the Candidates” programs at many places in a constituency, with Serial Numbers and coloured photographs of the “Candidates List” where all the contesting candidates may be present.

He also referred to the editorial dated April 10, 2024, of editorial of Malayala Manorama, “Imposter then the saboteurs” “Voters should be cautious; Parties should show their courtesy”, which alleged the series of incidents by which the democracy has been polluted as the true will of the voters could not be projected in the election result.

Cause Title: Sabu Steephen v. Election Commission of India (W.P. (C) 275 of 2024)