The Supreme Court Today (April 26th), issued a notice to the Election Commission of India (EC) on a plea seeking directions to nullify the election results of a particular constituency and hold fresh polls if maximum votes are polled in favour of None Of The Above (NOTA) option.
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NEW DELHI: The Supreme Court directed its attention towards the Election Commission of India (ECI), issuing a notice in response to a petition that challenges the current electoral process. This petition calls for the annulment of election results in any constituency where the None Of The Above (NOTA) option receives the majority of votes, advocating for the conduct of fresh elections in such scenarios.
The petition was initiated by Shiv Khera, a writer and motivational speaker, who has also proposed significant electoral reforms. Among these reforms is the suggestion that any candidate receiving fewer votes than NOTA be prohibited from participating in any election for the following five years. Additionally, the petition urges the establishment of regulations to ensure that NOTA is effectively publicized and represented as a “fictional candidate” in electoral reporting.
A bench of Chief Justice of India (CJI) DY Chandrachud as well as Justices JB Pardiwala and Manoj Misra issued notice after Senior Advocate Gopal Sankaranarayanan mentioned that in Surat Lok Sabha constituency, there was only one candidate who was elected unopposed.
“We will issue notice. This is about the electoral process also. Let us see what Election commission has to say on this,”
-the CJI said.
During the proceedings, Senior Advocate Gopal Shankaranarayan, representing Khera, referenced a peculiar case in Surat. In this instance, the BJP candidate was declared the winner by default, as the nomination of the opposing Congress candidate was invalidated, and all other candidates withdrew.
“We saw in Surat that since there was no other candidate, all had to go for only one candidate,”
-Khera remarked, emphasizing the necessity for elections even if only one candidate is contesting, to maintain the availability of NOTA as a choice for voters.
The petition elaborates on the role of NOTA within the electoral framework, asserting that it embodies the “right to reject,” a fundamental aspect of the voter’s electoral rights.
“The option of NOTA in the Electronic Voting Machines is the result of ‘right to reject’ possessed by the voter in our electoral system… NOTA is seen as a right to reject belonging to the citizen in the present dispensation,”
-the document claims.
Khera argues that NOTA serves as a crucial tool to compel political parties to nominate more suitable candidates, particularly in situations where candidates have questionable legal backgrounds.
“There continue to be instances when almost all candidates in a constituency have had pending criminal cases. What does a voter do? NOTA is a potent weapon in the hands of the voter.”
Moreover, the petition criticizes the Election Commission’s handling of NOTA, suggesting that it has not been effectively integrated as a valid option within the electoral system.
“The Election Commission of India has failed to regard NOTA as a valid candidate which in a democratic form of governance is essential since NOTA, is not merely a citizen not voting but is actually a valid selection,”
-it argues.
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