Saturday, March 1, 2014

NOTA- None of the Above Option in Electronic voting machine

The Supreme Court  recently refused to direct the Election Commission to hold fresh polls if the majority of the electorate exercises ‘None of the Above Option’ (NOTA) in the electronic voting machines while casting their votes in general elections.

A three-judge of Chief Justice P. Sathasivam and Justices Ranjana Desai and Ranjan Gogoi told the counsel for the petitioner that it was for the legislature to amend the law as it was too early to pass such a direction. The CJI said: “The NOTA has been introduced recently and it remains to be seen how the people respond to it. We cannot give such a direction. It is for Parliament to amend the law. If you want, you give a representation to the government.”

When NoTA is introduced it is the on the part of the govt. to make provision/s to deal with the future consequences or the Hon'ble court itself would have raised the issue and place it before the Govt. It is true that when casted NOTA votes is more than the contesting candidates it is the judgment of the people that none are suitable to rule the country or state. That being the how a candidate be declared as won the election. It is for the Government or the Election Commission to come with concrete decision in this regard.Otherwise the coming Lok Sabha Election may become a pond of absurdities. Hon'ble Court would have fix the time for government to decide on the issue rather putting it open.

In this respect the Election Commission issued a press note about issue of detailed circular ensuring complance of the court order.

_ KG Krishnamurthy

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