SC seeks EC's response on repolling if NOTA gets majority votes

The Supreme Court on Friday sought a response from the Election Commission of India (ECI) on a petition seeking re-polling rules in areas where 'None Of The Above' (NOTA) option gets the maximum number of votes in a constituency.

The apex court issued notice to the Election Commission on the PIL filed by author, activist and motivational speaker Shiv Khera.

The petitioner has sought directions to the Election Commission to frame appropriate rules if NOTA gets the maximum votes in a constituency.

NOTA, short for None of The Above, was introduced in the Electronic Voting Machines (EVMs) following a direction issued by the Supreme Court in 2013 in a plea filed by the Peoples Union for Civil Liberties (PUCL). NOTA provides an option to the voters to reject all candidates as unsatisfactory. Currently, there is no legal consequence if NOTA gets the majority of the votes.

Initially, the bench was reluctant to consider the PIL, saying it was for the "executive to decide'. "We will issue a notice. This is about the electoral process also. Let us see what the Election Commission has to say...," the CJI said.

A bench comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra while hearing the petition took note of senior advocate Gopal Sankaranarayanan, appearing for Khera, and issued the notice.

The senior advocate highlighted the importance of the issue citing the example of Surat in Gujarat where a BJP nominee was declared winner before polling as some nomination papers were rejected and few withdrew from the race.

"It is most respectfully prayed that this Court may be pleased to issue a writ... directing the Election Commission to frame rules to the effect that if NOTA gets a majority, the election held in the particular constituency shall be declared null and void and a fresh election shall be conducted to the constituency," the petition said.

The PIL also sought a direction to the poll panel to frame rules in regards to the candidates who get fewer votes than NOTA shall stand debarred from contesting all elections for a period of five years.
It further sought a direction to ensure "proper and efficient reporting/publicity of NOTA as a 'fictional candidate'".