What Happens if NOTA Leads Lok Sabha Election Race? SC Notice to Poll Body

New Delhi: The Supreme Court on Friday issued a notice to the Election Commission on a Public Interest Litigation (PIL) seeking repoll in the seats where maximum votes are in favour of None of The Above (NOTA) and to nullify the results of such Lok Sabha constituency. 

A bench headed by Chief Justice DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra said, "This is about the electoral process also. Let us see what the Election Commission has to say.” It sought a reply from poll body without specifying any timeline for taking up the case. 

The PIL, filed by writer and motivational speaker Shiv Khera also sought framing of rules that will restrict the candidate from contesting all elections for a period of five years, if that candidate gets fewer than NOTA votes. 

Khera through the PIL also sought framing of rules to ensure seamless reporting and publicity of NOTA as a ‘fictional candidate.’ 

BJP's Surat Win Cited 

A senior advocate appearing for Kheral apprised the court of the Surat seat result where BJP candidate was declared winner ‘unopposed’ after nomination of the Congress candidate was rejected and subsequently other independents withdrew their nominations. 

"We saw in Surat that since there was no other candidate, all had to go for only one candidate," said the petitioner, adding that even if a constituency is left with one candidate, there should be an election as the voters may go with NOTA. 

"The option of NOTA in the Electronic Voting Machines is the result of 'right to reject' possessed by the voter in our electoral system... NOTA is seen as a right to reject belonging to the citizen in the present dispensation," the petition stated.

The petition further charged the EC of showing lack of awareness on NOTA had failed the purpose of the option as an instrument of voters to protest "problematic" political and electoral system of the country.