ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashok Road, New Dethi - ll0 001
No. 576/312013/SDR
To,
December.2013
The Chief Electoral Officers of
all StatesAlnion territories.
Sub: clarification on 'None of the abover-counting of votes-reg.
Sir,
A question has been raised whether lhs votes polled against the NOTA option
considered for determining the forfeiture orr"curity deposit.
The votes polled -against.the NOTA option cannot be treated as valid votes. Under
Section 158 of the Representation of the People Act, 1951, it is the total number of valid votes
polled by all the contesting candidates that is to be taken into account for calculating the onesixth
of votes polled by individual candidates for return of security deposit. Thus, it is clarified
that the votes polled against the NOTA option is not to be taken into account for calculating the
total valid votes polled by the contesting candidates for the purpose of return of,security deposit.
Yours faithfully,
(K.F. wilfred)
Principal Secretary

Comment: While introduction of S.158 of RPA, NOTA was not introduced. Since NOTA is a new concept s.158 requires to be amended to bring a change. Votes polled in NOTA is higher than all the contesting candidates The NOTA votes to be treated as valid votes and those who polled below one sixth shall lose the security deposit. If such provision made unwanted persons who are going to contest can be restrained.