The Supreme Court has issued a notice to the Election Commission of India over a petition seeking that an election be declared void if the maximum voters have opted for the ‘none of the above’ (NOTA) option.
The bench, led by Chief Justice DY Chandrachud, has asked the poll panel to examine the rules surrounding NOTA.
“We will examine.Will issue notice.This is about electoral process too,” the bench obeserved.
The petition was filed by motivational speaker Shiv Khera. He said that results should be declared null and void in any constituency where the maximum votes have gone to NOTA.
Senior Advocate Gopal Sankaranarayanan, representing the petitioner, cited a recent example from Surat where no election was conducted due to the presence of only one candidate.
During the hearing, the petitioner’s counsel emphasized that if no other candidate opposes an incumbent or withdraws their candidacy, there should still be voting as the option of NOTA exists.
The petition also advocates for a five-year ban on any candidate who receives fewer votes than NOTA, thus holding them accountable for their performance and ensuring a more conscientious approach to electoral representation.
The NOTA option was introduced in 2013 following the Supreme Court’s instructions on a PIL dating back to 2004. Since then, NOTA has served as an option for the voter to express dissatisfaction with the available candidates and register their protest.
NOTA votes are categorised as “invalid” and do not directly contribute to the election results, rendering them symbolic rather than impactful.
