‘Include NOTA in Bar Council polls’

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose offered the directive while closing a plea moved by advocate S Arumugham. 

The petitioner had submitted that the failure to create NOTA option, like the one available under Rule 49 (O) under the Representation of People Act, in the Bar Council elections has posed a serious handicap against the right of eligible voter not to vote or not to record his vote. 

Based on this, he sent a representation to the BCTP to make provision for NOTA in the ballot paper. But since there was no response, he filed the present petition. He also noted that owing to lack of NOTA, if a member like him opts not to record his vote for any of the contesting candidates since he finds none of the contesting candidates fit or suitable for the post they contest for, the only option left would be to abstain from going to the polling booth. 

This, he claimed, was against democracy and stressed the need for introducing NOTA and set a precedent for other bodies/councils who were run by elected members.