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Supreme Court directs Rajasthan SEC to reconsider voter awareness campaign request

A bench led by Chief Justice of India Surya Kant set aside the decision to deny a civil society group permission for awareness programmes.

The Supreme Court on Monday set aside a decision by the Rajasthan State Election Commission (SEC) that refused permission to a civil society organisation to conduct voter awareness campaigns. The state is currently holding local body elections, including Panchayati Raj elections across 41 Zila Parishads, 457 Panchayat Samitis and 14,403 Gram Panchayats.

According to Times Now, a bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana directed the SEC to reconsider the petitioners' request within 48 hours. The court ordered the commission to decide whether the group could conduct the proposed campaigns as per the list appended to their application.

The plea was filed by social activists Aruna Roy and Nikhil Dey, co-founders of the Mazdoor Kisan Shakti Sangathan (MKSS). Represented by advocate Prashant Bhushan, the petitioners challenged the SEC's refusal to allow awareness activities in poll-bound areas where prohibitory orders under section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were imposed.

Bhushan told the court the campaign has been conducted since 2004 to educate voters on democratic rights, such as the None of the Above (NOTA) option, and to discourage accepting money or inducements for votes. He stated the activities are non-partisan and involve small groups conducting interactive sessions in villages.

The SEC had opposed the plea, stating it apprehended the campaign could be undertaken at the behest of another person and noting it was already conducting its own programmes. Justice Bagchi observed that the commission could not claim a monopoly over awareness activities or prevent others from conducting them.

The bench clarified that while the SEC can regulate corrupt practices carried out under the guise of awareness, it cannot take over such initiatives. Polling for Zila Parishad and Panchayat Samiti members is scheduled for November 14, with Sarpanch and Panchayat elections on November 16.

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