38.6c New Delhi, India, Saturday, September 27, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC notice to EC to declare elections as void if NOTA votes higher than any candidate

By Jhanak Sharma      26 April, 2024 04:18 PM      1 Comments
SC notice to EC to declare elections as void if NOTA votes higher than any candidate

NEW DELHI: The Supreme Court on Friday issued notice to the Election Commission on a PIL for a direction to declare a particular election as null and void if the votes polled to NOTA are higher than votes received by any of the contesting candidates.

The plea highlighted an attempt to fortify the citizens' right to reject and force political parties to field better candidates.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra sought a response from the poll panel on the plea filed by activist and author Shiv Khera.

Senior advocate Gopal Sankaranarayanan and advocate Shweta Mazumdar, appearing for the petitioner, pointed out the most significant change brought in the form of NOTA was seen in Maharashtra, Haryana, Delhi and Puducherry.

The counsel said in Surat Parliamentary constituency, since there was no other candidate, all had to go for only one candidate.

Notably, the BJP candidate in Surat was declared as elected unopposed.

"We will issue notice. This is about the electoral process also. Let us see what election commission has to say on this," the bench said.

The petitioner pointed out the Supreme Court has in the past laid down guidelines and interim directions in the absence of laws and rules such as in Vishaka Vs State of Rajasthan (1997).

He sought a direction of the court to direct the EC to frame rules stating that the candidates who poll fewer votes than NOTA should stand debarred from contesting all elections for a period of five years and direct the poll panel to ensure proper and efficient reporting/publicity of NOTA as a fictional candidate.

The counsel said 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 plea said.

"The Election Commission, however has failed to regard NOTA as a valid candidate which in a democratic form of governance is essential since NOTA, is not merely a citizen not voting but is actually a valid selection," the plea said.

The Supreme Court, in a landmark judgment in case of PUCL Vs Union of India (2013) had directed the introduction of NOTA (None of the Above) option in all EVMs.

"This court had an idealistic approach in adopting NOTA in the electoral system, the State Election Commissions utilising their power in the Constitution have turned that idealistic thought into reality. What has begun from the Panchayat and Municipal polls in four states should be implemented uniformly at all levels," the plea said.

The plea said since 2013, the implementation of NOTA has not fulfilled the very purpose that it was supposed to, on the contrary, it has not led to increased voter participation, has not compelled political parties to field good candidates, does not reflect negative votes in election results, and does not honour and respect the majority will/opinion of the people expressed through it.

The plea said the option of NOTA in the Electronic Voting Machines (EVMs) is the result of right to reject possessed by the voter in our electoral system. Before India, 13 other countries adopted negative voting or the right to reject. The list included countries like France, Finland, Belgium, Brazil, Bangladesh, Chile, Greece, Sweden, Ukraine, USA, Columbia, and Spain.

"NOTA is seen as a right to reject belonging to the citizen in the present dispensation," it said.

The plea said 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. Due to lack of awareness and the evident inconsistency within the Election Commission, qua NOTA, has resulted in defeating the purpose of NOTA as an instrument of protest against problematic political and electoral system of the country," it said.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


John Doe
Vijay Gandhi Sep 30, 2024

Nice article. THANKS. Please continue to update the latest news from EC and SC about NOTA. I am forwarding your article among my friends and acquaintances.

Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-permits-ramlila-at-school-playground-in-up
Trending Judiciary
SC permits Ramlila at school playground in UP

SC allows Ramlila at UP school ground, noting 100-year tradition, but urges finding alternate sites to keep playgrounds free for students.

26 September, 2025 12:08 AM
sc-stays-hcs-order-on-composition-of-sit-formed-to-probe-tirupati-parasadam-row
Trending Judiciary
SC stays HC's order on composition of SIT formed to probe Tirupati parasadam row

SC stays Andhra Pradesh HC order on SIT composition in Tirupati prasadam row, clarifying CBI Director’s role in appointing investigation officer.

26 September, 2025 07:53 PM

TOP STORIES

calcutta-hc-dismisses-plea-against-bengali-singer-for-allegedly-insulting-lord-ram-cites-lack-of-evidence
Trending Judiciary
Calcutta HC Dismisses Plea Against Bengali Singer For Allegedly Insulting Lord Ram, Cites Lack of Evidence [Read Judgment]

Calcutta HC dismisses plea against singer Nachiketa Chakraborty over alleged remarks on Lord Ram, citing lack of evidence and jurisdiction.

22 September, 2025 10:43 AM
allahabad-hc-slams-police-for-recording-caste-of-accused-in-firs-terms-it-identity-profiling
Trending Judiciary
Allahabad HC Slams Police for Recording Caste of Accused in FIRs, Terms It “Identity Profiling” [Read Order]

Allahabad HC condemns police for recording caste of accused in FIRs, calling it identity profiling that violates fundamental rights and constitutional values.

22 September, 2025 11:04 AM
spouse-may-claim-damages-for-marital-interference-by-third-party-delhi-hc
Trending Judiciary
Spouse May Claim Damages for Marital Interference by Third Party: Delhi HC [Read Order]

Delhi HC allows spouse to sue lover for ‘alienation of affection’, recognizing civil action for intentional interference in marriage.

22 September, 2025 01:06 PM
sc-notice-to-centre-others-on-plea-for-court-monitored-probe-into-air-india-crash
Trending Judiciary
SC notice to Centre, others on plea for court-monitored probe into Air India crash

SC issues notice on plea for court-monitored probe into Air India crash that killed 260; petitioner seeks independent, transparent, and fair investigation.

22 September, 2025 02:27 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email