The Supreme Court on Monday declined to grant an immediate go-ahead to a voter awareness campaign ahead of Rajasthan's third phase of the panchayat election, telling the organisers to provide specific details, including the date, time and location of the proposed programmes, before seeking permission.During the hearing, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana asked the petitioners to submit a detailed schedule instead of seeking general permission for the campaign. The court, however, set aside the Rajasthan State Election Commission's earlier refusal and directed it to reconsider the request within 48 hours.The plea was filed by an NGO led by social activist Aruna Roy and others, represented by advocate Prashant Bhushan, challenging the denial of permission to conduct voter awareness campaigns ahead of local body elections in Rajasthan.Arguing before the bench, Bhushan said the campaign was aimed at educating voters about their democratic rights, including the option of choosing None of the Above (NOTA), and discouraging them from accepting money or other inducements in exchange for votes.

He maintained that the initiative was non-political and did not support or oppose any particular candidate. The campaign, which has been conducted since 2004, involves small groups visiting villages and interacting with voters, he added.Bhushan told the court that the authorities had twice rejected applications seeking permission for the campaign, citing restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) during the election period.

CJI Surya Kant questioned the timing of the campaign, asking whether such initiatives should not be conducted when elections were not around the corner. He observed that voters could perceive the exercise as campaigning in favour of a particular candidate.Bhushan urged the bench to look at photographs of the proposed yatra, arguing that it was only a voter awareness exercise involving groups of around 20 people.

He said the organisers encouraged voters to reject inducements, exercise their right to vote and choose NOTA if they did not favour any candidate.VOTER AWARENESS NOT ELECTION COMMISSION'S MONOPOLY, SAYS COURTDuring the hearing, the Rajasthan State Election Commission's counsel told the bench that the petitioners' representation had been examined and permission denied. The Commission also submitted that it was already conducting voter awareness programmes of its own.Justice Joymalya Bagchi questioned the Commission's position, observing that conducting its own awareness initiatives did not give it exclusive rights over such campaigns.The judge said other organisations could supplement the Commission's efforts and that the poll body could not prevent them from conducting voter awareness activities."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. They will be your helping hand," Justice Bagchi said, according to Bar and Bench.He added that the Commission could regulate any corrupt practices carried out in the name of voter awareness but could not monopolise such initiatives.At the same time, Justice Bagchi told Bhushan that the organisers must specify the date, time and location of each proposed programme.

A general request for permission without these details would not suffice.Bhushan said the group had applied twice but had been denied permission because allowing the campaign was not possible during the election period.The bench subsequently set aside the Commission's refusal and directed it to reconsider the petitioners' request, based on the list of proposed programmes submitted with their application, within 48 hours.COURT EXAMINES SECTION 163 RESTRICTIONSThe bench also considered the use of prohibitory orders under Section 163 of the BNSS to restrict public activities during the election period.Bhushan argued that authorities could not impose blanket restrictions throughout the election period without a specific apprehension of a breach of peace. He said the proposed campaign involved small groups and peaceful interactions with voters, and that only one phase of the panchayat elections remained.Justice Bagchi observed that the restrictions did not prevent people from organising meetings or processions after obtaining prior permission.

CJI Surya Kant also indicated that granting permission for a specific programme would create an exception to the prohibitory restrictions.According to LiveLaw, the court said the Commission should reconsider the request rather than reject it solely on the ground of the election-period restrictions.The intervention comes as Rajasthan conducts its Panchayati Raj elections 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 be held on November 16, Bar and Bench reported.- Ends