New Delhi, In a significant development amid the ongoing general elections, the Supreme Court on Friday sought a response from the election panel on a PI seeking to frame rules for canceling the election and in case of default (none of the above) option. If not, a demand was made to order fresh elections. Received majority over other candidates.
The apex court issued notice to the Election Commission on the PIL filed by writer, activist and motivational speaker Shiv Kheda.
The option of NOTA has been provided to voters in the elections following the 2013 judgment of the apex court.
The top court in its 2013 judgment had said that "the provision of negative voting would be in the interest of promoting democracy as it would send a clear signal to political parties and their candidates as to what the voters think about them" and had directed the Election Commission NOTA option will be made available in all EVMs.A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra took note of the arguments of senior advocate Gopa Sankaranarayanan, appearing for Khera, and issued notice.
Initially, the bench was reluctant to consider the PIL, saying it was for 'the executive' to decide.
"We will issue a notice. This is also about the electoral process. Let's see what the Election Commission has to say...," the CJI said.,
The senior advocate said the present petition assumes significance in view of the developments in Surat, Gujarat where a BJP candidate was declared the winner before the voting took place as some nomination papers were rejected and some withdrew from the race.
"It is most respectfully prayed that this Court may be pleased to issue a writ... directing the Election Commission to make rules to the effect that if NOTA gets majority, the election to be held in the particular constituency shall be declared void and Will be declared void. Fresh elections will be held for this constituency.
The PIL also sought a direction to the Election Commission that candidates who secure less votes than NOTA will be debarred from contesting all elections for a period of five years.
It also sought directions to ensure proper and efficient reporting/publicity of NOTA as a 'fictitious candidate'.The petition cited the apex court's decision on the issue and the LA Commission report in its support.
Emphasizing on the plea for holding re-election if NOTA wins and excluding the candidate from the election process if turnout is less than NOTA, the PIL said, "Since 2013, the implementation of NOTA has not served that purpose. has done what it was supposed to do".
On the contrary, it has not increased voter participation, the PIL said, adding that it has not forced political parties to field good candidates.
The apex court issued notice to the Election Commission on the PIL filed by writer, activist and motivational speaker Shiv Kheda.
The option of NOTA has been provided to voters in the elections following the 2013 judgment of the apex court.
The top court in its 2013 judgment had said that "the provision of negative voting would be in the interest of promoting democracy as it would send a clear signal to political parties and their candidates as to what the voters think about them" and had directed the Election Commission NOTA option will be made available in all EVMs.A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra took note of the arguments of senior advocate Gopa Sankaranarayanan, appearing for Khera, and issued notice.
Initially, the bench was reluctant to consider the PIL, saying it was for 'the executive' to decide.
"We will issue a notice. This is also about the electoral process. Let's see what the Election Commission has to say...," the CJI said.,
The senior advocate said the present petition assumes significance in view of the developments in Surat, Gujarat where a BJP candidate was declared the winner before the voting took place as some nomination papers were rejected and some withdrew from the race.
"It is most respectfully prayed that this Court may be pleased to issue a writ... directing the Election Commission to make rules to the effect that if NOTA gets majority, the election to be held in the particular constituency shall be declared void and Will be declared void. Fresh elections will be held for this constituency.
The PIL also sought a direction to the Election Commission that candidates who secure less votes than NOTA will be debarred from contesting all elections for a period of five years.
It also sought directions to ensure proper and efficient reporting/publicity of NOTA as a 'fictitious candidate'.The petition cited the apex court's decision on the issue and the LA Commission report in its support.
Emphasizing on the plea for holding re-election if NOTA wins and excluding the candidate from the election process if turnout is less than NOTA, the PIL said, "Since 2013, the implementation of NOTA has not served that purpose. has done what it was supposed to do".
On the contrary, it has not increased voter participation, the PIL said, adding that it has not forced political parties to field good candidates.
