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Supreme Court overturns Rajasthan ban on civil‑society voter‑awareness drives

Reported by Ishita Mukherjee (Staff Writer) · The Hindu - National ·

Unconfirmed — Reported by one source so far

Reported by one source so far

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Supreme Court overturns Rajasthan ban on civil‑society voter‑awareness drivesPhoto: Wikimedia Commons

The Supreme Court on Monday set aside the Rajasthan State Election Commission’s order that barred civil‑society groups from conducting voter‑awareness drives before the state’s panchayat elections. A bench led by Chief Justice of India Surya Kant ruled that electoral authorities do not have a monopoly over such campaigns and cannot claim partisan bias against activists. Justice Joymalya Bagchi warned that while corrupt practices can be regulated, the state cannot monopolise voter‑education efforts. The disputed order had been issued by the Rajasthan SEC, which claimed activists might be acting “on the behest of someone else” and asserted that it was already running its own awareness programmes. Petitioners – veteran activist Aruna Roy and senior lawyer Prashant Bhushan – argued the outreach was purely public‑interest, aimed at urging voters not to accept bribes and to use the NOTA option. Bhushan told the court the group comprised “no more than 20 people” and that Section 163 of the Model Code should only be invoked when there is a breach of peace, not as a blanket ban. He said the next phase of the panchayat polls was scheduled for November 14‑15 and that the SEC had refused two permission requests without justification. The court’s observation clears the way for civil‑society groups to resume voter‑awareness activities ahead of the elections. ## Context The ruling reinforces a broader legal principle that democratic participation can be supported by multiple actors, not just state agencies, and that restrictive election codes must be applied narrowly.

ExplainerWhy this matters

What Happened

The Supreme Court overturned a Rajasthan election‑commission order that barred NGOs and activists from speaking to voters before the state’s panchayat polls. The bench, led by CJI Surya Kant, clarified that the state cannot claim exclusive rights over voter‑education.

Why It Matters

The decision prevents a single authority from silencing independent voter‑awareness work, ensuring that civil‑society voices can inform citizens about voting rights, the NOTA option and the illegality of taking bribes. It also limits the use of Section 163, which should only restrict activities when there is a genuine breach of peace.

What Happens Next

The Rajasthan State Election Commission must allow the petitioners’ group and similar organisations to conduct outreach before the November 14‑15 polls. Courts will monitor compliance, and any future attempts to impose blanket bans may be challenged under the same principle.

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