In a move that could shake up the electoral landscape, the Supreme Court has thrown the spotlight on the Election Commission of India (EC), issuing a notice regarding a plea that could potentially overturn election results. The plea, filed by renowned writer and motivational speaker Shiv Khera, calls for fresh polls in a constituency if the “None Of The Above” (NOTA) option garners the maximum votes.
SC notice to ECI on a PIL filed by motivational speaker Shiv Khera .
Prayer:Direct ECI to frame rules to effect that if NOTA gets a majority, election held in the particular constituency shall be declared null and void and a fresh election shall be conducted to the constituency. pic.twitter.com/HmaWv11302— harish v nair (@harishvnair1) April 26, 2024
Khera’s petition doesn’t stop there; it pushes for stringent rules stipulating that candidates receiving fewer votes than NOTA should be banned from contesting any election for the next five years. Additionally, it demands clear guidelines to ensure proper reporting and publicity of NOTA, treating it almost like a “fictional candidate.”
In a bold move, Khera’s counsel, Senior advocate Gopal Shankaranarayan, highlighted the recent case in Surat, where a candidate was declared the winner without a contest due to the rejection of nominations and withdrawals. This underscores the need for voters to have a viable alternative, even in such scenarios.
The petition underscores the significance of NOTA as a tool for voters to voice their discontent with the political landscape, especially in the face of candidates with dubious backgrounds. It argues that NOTA is not merely a citizen abstaining from voting but a valid expression of rejection, essential in a democratic system.
However, Khera’s plea points out the Election Commission’s inconsistency and lack of awareness regarding NOTA, which it claims has undermined its effectiveness as a protest tool against the flaws in the electoral system.
The plea firmly asserts that NOTA should be treated as a legitimate candidate, a stance that could potentially reshape electoral dynamics. With the Chief Justice of India heading the bench, the ball is now in the EC’s court to respond to these pressing concerns about the integrity of the electoral process.
