Supreme Court dismisses plea for repoll in case majority exercises NOTA option
Moneylife Digital Team 25 November 2013

The Supreme Court said even if majority of voters go for the ‘none of the above option’ or NOTA, it cannot direct the Election Commission to hold fresh polls as this is job of the legislature

The Supreme Court on Monday refused to direct the Election Commission (EC) to hold fresh polls in case the majority of the electorate exercises ‘none of the above option’ (NOTA) option. The NOTA option was recently introduced on the directions of the apex court to allow voters to reject all the candidates.

 

A Bench headed by Chief Justice P Sathasivam said it is for the legislature to amend the law as it is too early to pass such a direction.

 

It observed that NOTA has been introduced recently and it has to be seen how the people respond to it.

 

The court refused to entertain a public interest litigation (PIL) filed by Jaggan Nath, seeking its direction to the EC not to declare the results when the majority of electorate goes for the NOTA option in the electronic voting machine.

 

The court had on 27th September given the path-breaking verdict, holding that the voters have a right to reject all candidates contesting polls in a constituency by pressing NOTA, a button for negative vote.

 

It had said this would compel political parties to field “sound” candidates who are known for their integrity.

 

NOTA has been introduced by the Commission for the current Assembly elections.

 

The apex court had said that there was a “dire need” of negative voting which will bring “systemic change” in the election process as “the political parties will be forced to accept the will of the people” and field clean candidates when a large number of people express their disapproval with the candidates being put up by them.

 

The verdict, which was likely to encourage people to go to polling booths to express disapproval against contestants, had said, “By providing NOTA button in the EVMs, it will accelerate the effective political participation in the present state of democratic system and the voters in fact will be empowered.”

Comments
Ramesh Iyer
1 decade ago
In India there are enough unscrupulous voters who easily and willingly get lured by pre-poll 'generosity' by political parties or candidates, NOTA will never be a significant influence on polls. Moreover, we have a first-past-the-post principle of winning elections, nor voter %ages deciding polls. NOTA would have made sense only if it enabled the EC to conduct repoll if NOTA grossed maximum votes among all options on the EVM.
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