New Delhi: Motivational speaker Shiv Khera has approached the Supreme Court seeking directions to give publicity to the None of the Above (NOTA) option as a "fictional candidate" and to establish rules for conducting re-elections in parliamentary seats where NOTA receives a majority. Chief Justice of India DY Chandrachud led a bench that issued a notice to the Election Commission of India on Shiv Khera's plea.
In his petition, Shiv Khera also requested the framing of rules stating that candidates who receive fewer votes than NOTA should be barred from contesting any elections for a period of five years. He further demanded proper and efficient reporting and publicity of NOTA as a "Fictional Candidate".
Senior Advocate Gopal Sankarnarayan, representing Shiv Khera, briefed the Supreme Court about the recent Surat Lok Sabha election issue. He highlighted that in Surat, since there was only one candidate, all votes had to be cast for that single candidate.
Khera's plea, filed through advocate on record Sheeta Mazumdar, seeks directions to the Election Commission of India to establish guidelines or rules for the uniform implementation of the NOTA vote option, along with consequences for candidates who fail to surpass NOTA.
The introduction of the NOTA option in Electronic Voting Machines (EVMs) was initiated in November 2013 by the Election Commission and various State Election Commissions for both central and local body elections.
According to the petitioner, the most significant change brought about by NOTA was witnessed in Maharashtra, Haryana, Delhi, and Puducherry. In these states, the respective State Election Commissions declared that if NOTA emerged as the winner, there would be a mandatory re-poll. The petition emphasized that this was the first significant change in the electoral system since the inception of NOTA.
However, the petition highlighted that since 2013, the implementation of NOTA has failed to achieve its intended purpose. The petitioner argued that NOTA was expected to increase voter participation, which hasn't been realized. To address this issue, the petitioner urged the Election Commission, both at the State and Central levels, to empower NOTA as done in Maharashtra, Delhi, Puducherry, and Haryana.
The petition underscored that the purpose of NOTA is to pressure political parties to field better candidates. It serves as a potent weapon for voters when candidates with pending criminal cases dominate the electoral landscape. The plea emphasized that NOTA is not merely the absence of a vote but is, in fact, a valid selection, essential in a democratic system.
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