Supreme Court issues notice to EC on plea seeking re-election where NOTA gets majority vote
Supreme Court to give publicity of NOTA as a «fictional candidate» and to frame rules to conduct re-election in the parliamentary seats where NOTA gets a majority.
A bench headed by Chief Justice of India DY Chandrachud issued notice to the Election Commission of India on Shiv Khera's plea seeking direction to frame rules to the effect that if NOTA gets a majority, the election held in the particular constituency shall be declared null and void and a fresh election shall be conducted to the constituency.
Shiv Khera, in his plea, also sought to frame rules stating that the candidates who poll fewer votes than NOTA shall stand debarred from contesting all elections for a period of five years and to ensure proper and efficient reporting/publicity of NOTA as a «Fictional Candidate».
Senior Advocate Gopal Sankarnarayan, appearing for Shiv Khera apprised the Supreme Court about the current situation in the Surat Loksabha election. In Surat, since there was no other candidate all had to go for only one candidate, he apprised the bench.
Shiv Khera, in his plea filed through advocate on record Sheeta Mazumdar, sought directions to the Election Commission of India to frame guidelines or rules regarding uniform implementation of the NOTA vote option with consequences for candidates who do not surpass NOTA.
In November 2013, Election Commission and various State Election Commissions introduced none of the above (NOTA) option in the EVMS at the central level and as well as local body elections.
According to the petitioner,
