Bihar voter list row: Can elections be held if Opposition boycotts the polls? What does our law say?
The biggest question now is what happens if all parties in the “Mahagathbandhan” decide to boycott the elections? Will elections still be held? To understand this, one needs to refer to the Indian Constitution.
A major political row has erupted in Bihar over the ongoing Special Intensive Revision (SIR) of the state’s voter list. Tensions soared after the Election Commission revealed that around 56 lakh voters could not be traced, indicating that their names are likely to be removed from the electoral rolls. This revelation prompted strong reactions from Opposition leaders including Tejashwi Yadav and Rahul Gandhiwho accused the government of orchestrating “voter theft” ahead of the upcoming Assembly elections in Bihar. Taking things a step further, Tejashwi even questioned the point of participating in the elections under such conditions, hinting at a potential boycott.
Can elections be held if the Opposition refuses to contest?
The biggest question now is what happens if all parties in the “Mahagathbandhan” decide to boycott the elections? Will elections still be held? To understand this, one needs to refer to the Indian Constitution. Article 324 grants the Election Commission the authority to conduct, control and supervise elections. No external body can obstruct this process. The Commission is entrusted with ensuring free and fair elections and its mandate includes allowing equal opportunities for all to contest.
What if only the ruling party contests the elections?
It is the Election Commission’s constitutional duty to conduct elections on schedule, regardless of how many parties choose to participate. Even if only the ruling party fields candidates, or if there are a few independent contenders, the election process must go on. The Constitution provides no provision for cancelling elections due to a boycott, unless there are extraordinary circumstances like large-scale violence or natural calamities. So, even if the entire Opposition alliance withdraws from the race, elections will still be held. If there are no opposing candidates, those from the ruling party may be declared elected unopposed.
Can the Supreme Court intervene to stop such an election?
Opposition parties might consider approaching the Supreme Court, arguing that holding elections without any real competition is undemocratic. They may cite past cases like Jaya Bachchan vs Union of Indiawhere the apex court stressed the need for transparency and genuine representation. However, even in such cases, the Supreme Court has not suggested halting the election process. In a notable example from 1989 during the Mizoram Assembly elections, the Supreme Court clearly stated that elections could not be stopped merely because of a boycott.
Has such a situation ever occurred before in India?
There is no exact precedent in Indian electoral history where all major Opposition parties have unanimously decided to boycott an election. While there have been partial boycotts and walkouts in the past, a complete withdrawal from the electoral process by all major Opposition parties remains unprecedented.
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