The Election Commission of India has failed to regard NOTA as a legitimate candidate which in a democratic type of governance is important since NOTA
In the wake of the current Surat Loksabha seat concern, motivational speaker Shiv Khera has sought course from the Supreme Court to give publicity of NOTA as a “fictional candidate” and to body guidelines to conduct re-election within the parliamentary seats where NOTA will get a majority.
A bench headed by Chief Justice of India DY Chandrachud issued notice to the Election Commission of India on Shiv Khera’s plea seeking course to body guidelines to the impact that if NOTA will get a majority, the election held within the specific constituency shall be declared null and void and a contemporary election shall be carried out to the constituency.
Shiv Khera, in his plea, additionally sought to body guidelines stating that the candidates who ballot fewer votes than NOTA shall stand debarred from contesting all elections for a interval of 5 years and to guarantee correct and environment friendly reporting/publicity of NOTA as a “Fictional Candidate”.Senior Advocate Gopal Sankarnarayan, showing for Shiv Khera apprised the Supreme Court about the present scenario within the Surat Loksabha election.
In Surat, since there was no different candidate all had to go for just one candidate, he apprised the bench.Shiv Khera, in his plea filed by way of advocate on document Sheeta Mazumdar, sought instructions to the Election Commission of India to body tips or guidelines relating to uniform implementation of the NOTA vote possibility with penalties for candidates who don’t surpass NOTA.
In November 2013, Election Commission and varied State Election Commissions launched not one of the above (NOTA) possibility within the EVMS on the central degree and in addition to native physique elections.According to the petitioner, essentially the most vital change introduced within the type of NOTA was seen in Maharashtra, Haryana, Delhi and Puducherry.
“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,” the petition learn.
The petition additional added that since 2013, the implementation of NOTA has notfulfilled the very function that it was supposed to.The petition raised that the intention of bringing NOTA by the highest courtroom was with expectations that NOTA will improve voter participation within the elections, however the identical would not appear to have been achieved.
The identical can solely be carried out if the Election Commission, State in addition to Central offers tooth to NOTA simply as in Maharashtra, Delhi, Puducherry and Haryana, the petitioner urged.The possibility of NOTA in the Electronic Voting Machines (EVMs) is the results of ‘proper to reject’ possessed by the voter in our electoral system and earlier than India, 13 different international locations adopted damaging voting or the fitting to reject, the plea stated.
The Election Commission of India has failed to regard NOTA as a legitimate candidate which in a democratic type of governance is important since NOTA, shouldn’t be merely a citizen ‘NOT’ voting however is truly a legitimate choice, the petition additional stated.The plea additional added that it may be summarised that whereas the highest Court had an idealistic method in adopting NOTA within the electoral system, the State Election Commissions using their energy within the Constitution of India, 1950 have turned that idealistic thought into actuality. What has begun from the Panchayat and Municipal polls in 4 states ought to be applied uniformly in any respect ranges, the petitioner urged.
“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,” the petition stated.
(Except for the headline, this story has not been edited by DNA workers and is revealed from ANI/Reuters/PTI)
