The Supreme Court, under the leadership of Chief Justice DY Chandrachud, has directed the Election Commission of India to review the regulations concerning the ‘none of the above’ (NOTA) option in elections. This move comes in response to a petition filed by motivational speaker Shiv Khera, advocating for the annulment of elections where the majority of voters choose NOTA.
The bench observed the significance of this issue in the electoral process and issued a notice to the Election Commission, signaling a potential shift in the way NOTA is perceived and utilized in Indian elections.
Shiv Khera’s petition highlights the need for accountability in electoral representation. It proposes that if the maximum votes in a constituency are cast for NOTA, the election should be declared null and void. Moreover, Khera’s petition suggests a five-year ban on candidates who receive fewer votes than NOTA, aiming to incentivize candidates to perform better and ensure a more responsible approach to governance.
During the proceedings, Senior Advocate Gopal Sankaranarayanan, representing the petitioner, pointed out instances like the recent situation in Surat, where an election was not conducted due to a lack of opposing candidates. This underscores the complexities and implications of NOTA in practical electoral scenarios.
The NOTA option, introduced in 2013 following the Supreme Court’s directives on a Public Interest Litigation (PIL) from 2004, serves as a mechanism for voters to express dissatisfaction with the available choices. However, NOTA votes are considered “invalid” and do not contribute directly to election outcomes, leading to debates about its effectiveness in driving meaningful change in the electoral landscape.
Sources By Agencies