SC issues notice to EC on plea seeking re-election if NOTA gets majority

The Supreme Court on Friday issued a notice to the Election Commission of India (ECI) regarding a plea seeking to frame rules in case ‘None of the Above' (Nota) option gets the majority in elections.

Motivational speaker Shiv Khera has petitioned that the ECI treat Nota as a "fictional candidate" and to establish guidelines for conducting re-elections in constituencies where Nota garners a majority.

Khera's plea, filed through advocate on record Sheeta Mazumdar, seeks directives to ensure proper reporting and publicity of NOTA as a viable electoral option.

Senior advocate Gopal Sankarnarayan, who represented Khera, apprised the court of the recent Surat Lok Sabha election, where the BJP candidate was elected unopposed when his rivals withdrew their nominations.

The petition said there is need for uniform implementation of Nota across states, citing Maharashtra, Delhi, Puducherry, and Haryana's practice of declaring a mandatory re-poll if Nota is victorious.

The plea acknowledged that there was a discrepancy between the idealistic purpose of Nota, aimed at enhancing voter participation, and its practical implementation. Therefore, urging the ECI to empower Nota with consequences for candidates failing to surpass it.

Introduced by ECI and State Election Commissions in 2013, Nota symbolises the voter's right to reject candidates. However, the petition argues that its potential remains underutilised due to the lack of consistent enforcement.

By framing Nota as a legitimate candidate, the petition contends, the electoral process can exert pressure on political parties to nominate more suitable candidates, addressing concerns such as candidates with pending criminal cases. It advocates for the extension of Maharashtra's model of NOTA implementation to all electoral levels, echoing the sentiment that NOTA serves as a vital tool in the hands of voters to influence electoral outcomes.