SC seeks ECI's response on what happens if NOTA wins
The Supreme Court on Friday issued a notice to the Election Commission of India (ECI), seeking clarification on the procedure when "None Of The Above" (NOTA) receives the majority of votes in a constituency. This came in response to a Public Interest Litigation (PIL) filed by author and motivational speaker Shiv Khera. Khera's petition proposes that if NOTA secures most votes in a specific constituency, the election results should be nullified and fresh elections conducted.
Khera's PIL suggests barring candidates who receive fewer votes
Khera's PIL further suggests that candidates who receive fewer votes than NOTA should be barred from participating in any elections for a period of five years. The petition also advocates for treating NOTA as a "fictional candidate," ensuring its proper representation and publicity. Khera highlighted an incident where the Bharatiya Janata Party's Surat candidate was declared the winner without an election, following the rejection of the Congress candidate's nomination and withdrawal of other candidates' nominations.
'Poll held even if there is one candidate'
Khera insists that even if there is only one candidate, an election should still be held as voters should have the option to choose NOTA. He stated, "The option of NOTA in the Electronic Voting Machines is the result of 'right to reject' possessed by the voter in our electoral system." He further emphasized that NOTA serves as a means for voters to express their dissatisfaction with available candidates and pressure political parties to nominate better candidates.
Petition criticizes ECI's management of NOTA
The petition also criticizes the ECI's management of NOTA, alleging that its lack of awareness and inconsistency has undermined its purpose as a protest tool against India's political and electoral system. "The ECI has failed to regard NOTA as a valid candidate...NOTA...is not merely a citizen not voting but...actually a valid selection," the plea stated. The bench—led by Chief Justice DY Chandrachud—acknowledged the importance of this issue to the electoral process and expressed interest in hearing the ECI's response.
