New Delhi: The Supreme Court on Monday sought a reply from the Election Commission of India (ECI) and the Centre on a plea challenging a provision of the Representation of the People Act, 1951, claiming it prevents voters from choosing the "none of the above" (NOTA) option if there was only one candidate.
The matter came up for hearing before a bench comprising Justices Surya Kant and Ujjal Bhuyan. The petitioner has challenged Section 53 (2) of the Act. Senior advocate Arvind Datar along with advocate Harsh Parashar appeared for petitioner, a legal think-tank Vidhi Centre for Legal Policy.
The plea also sought that Rule 11 read with Forms 21 and 21B of the Conduct of Election Rules, 1961, be struck down. Rule 11 of the 1961 Rules deals with the publication of a list of contesting candidates and the declaration of results in uncontested elections.
Section 53 deals with procedure in contested and uncontested elections and Section 53 (2) says if the number of contesting candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats.
The bench issued notices to the Centre and the ECI. The plea submitted that in indirect elections (elections to the House of the People and state legislative assemblies), which are uncontested, the impugned sub-section (2) prevents voters from being able to cast a 'negative vote' by choosing the 'none of the above' option if there is only one candidate.
According to an apex court judgment, the right of a voter to cast a negative vote in an election by pressing "NOTA" on the EVM was a part of their fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The petitioner cited this judgment.
