SC Notice to EC on Plea Seeking Fresh Elections in Case of NOTA Majority

NOTA was introduced into the election process at all levels such as Parliament, assemblies and local bodies in 2013. The plea also sought the frame rules stating that the candidate, who receive fewer votes that NOTA shall stand debarred from contesting all elections for a period of 5 years.

New Delhi:The Supreme Court on Friday issued notice on a PIL seeking a direction to the Election Commission of India to frame rules to the effect that if NOTA gets a majority, the election held in the particular constituency should be declared null and void and a fresh election shall be conducted in that constituency.

Senior advocate Gopal Sankaranarayanan represented the petitioner, who is a Delhi-based author Shiv Khera, before a three-judge bench led by Chief Justice of India DY Chandrachud.

The counsel submitted before the court that in Surat, "We saw that since there was no other candidate all had to go for only one candidate. The CJI said the court will issue notice, as this is about the electoral process also.

The bench, also comprising justices J B Pardiwala and Manoj Misra, said: "Let us see what the election commission has to say on this." The plea sought a direction to the ECI to frame rules stating that the candidates who poll fewer votes than NOTA shall stand debarred from contesting all elections for a period of 5 years, and also to ensure proper and efficient reporting/publicity of NOTA as a 'fictional candidate.'

The plea stressed that 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.

The plea contended that the most significant change brought in the form of NOTA was seen in Maharashtra, Haryana, Delhi and Puducherry and the respective state election commission (SEC) declared that if NOTA emerged as the winner in any election, there would be a mandatory re-poll.

“This was the first significant change in the electoral system since the inception of NOTA. The notification put forward by the respective State Election Commissions fields NOTA as a fictional candidate and categorically holds that declaring the second highest candidate as winner (in case NOTA gets the highest votes), violates the underlying principle and object of NOTA”, said the plea.

The plea said as the apex court had intended and expected that NOTA will increase voter participation in the elections, the same doesn’t seem to have been achieved. “The same can only be done if the Election Commission, State as well as Central gives teeth to NOTA just as in Maharashtra, Delhi, Puducherry and Haryana”, it said.

“The State Election Commission Orders show that the Election Commission of India is ignorant of the electorate’s mandate. Thus, in order to give full effect to this court’s decision in PUCL (supra), the SEC has been rightly exercising its authority, to overcome the anomalies”, it said.

“The idea and purpose of NOTA is to put pressure on political parties to put up better candidates. 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”, it added.

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