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The Supreme Court has taken cognizance of a significant issue surrounding the use of the "None Of The Above" (NOTA) option in elections, issuing a notice to the Election Commission of India (EC) on April 26. This notice comes in response to a public interest litigation (PIL) filed by renowned writer and motivational speaker Shiv Khera, raising concerns about the implications of NOTA receiving the maximum votes in a particular constituency.
In his PIL, Khera has urged the apex court to direct the nullification of election results in constituencies where NOTA emerges as the popular choice. Additionally, the PIL seeks to establish rules stipulating that candidates who secure fewer votes than NOTA should be barred from contesting any elections for a period of five years. This proposal aims to incentivize political parties to nominate more suitable and deserving candidates, thereby enhancing the quality of electoral representation.
Furthermore, Khera's plea highlights the need for regulations ensuring proper reporting and publicity of NOTA as a valid electoral choice. This includes framing rules to treat NOTA as a "fictional candidate," ensuring that voters are well-informed about their right to reject all available candidates. The petitioner underscores the importance of NOTA as a mechanism for voters to express their dissatisfaction with the candidates presented to them, especially in instances where those candidates have questionable backgrounds or pending criminal cases.
The PIL draws attention to a specific case in Surat, where a candidate from the Bharatiya Janata Party (BJP) was declared the winner without an actual election taking place. This unusual circumstance arose because the nomination of the Congress candidate was rejected, and other candidates withdrew their nominations. Khera contends that even in such situations, where only one candidate remains in contention, voters should have the option to choose NOTA as a form of protest against the lack of viable choices.
Highlighting the significance of NOTA in the electoral process, the PIL asserts that it embodies the voter's "right to reject" under India's democratic framework. The petitioner argues that NOTA serves as a powerful tool to exert pressure on political parties to nominate candidates with integrity and credibility. However, Khera expresses concerns over the Election Commission's handling of NOTA, citing a lack of awareness and consistency in its implementation.
The PIL underscores the failure of the Election Commission to recognize NOTA as a legitimate candidate in the electoral process. It contends that NOTA should be viewed not merely as abstention from voting but as a valid selection indicating the voter's dissatisfaction with the available options.
A bench led by Chief Justice of India DY Chandrachud has issued a notice on the PIL, signaling the Supreme Court's intent to delve into the matter. The court's interest in the electoral process and its impact on democratic principles is evident in its decision to await the Election Commission's response before proceeding further. This development underscores the importance of NOTA as a mechanism for electoral reform and accountability in India's democratic framework.
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