SC notice to Centre, EC on plea to nullify election result if maximum votes for NOTA

A bench comprising Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian issued notices to the Ministry of Law and Justice and the Election Commission of India while seeking their replies on the plea. 

Senior advocate Maneka Guruswamy appeared for the petitioner. 

The top court was hearing a plea filed by advocate and BJP leader Ashwini Kumar Upadhyay which also sought a direction to the Election Commission to restrict those candidates and political parties, whose election has been nullified, from taking part in the fresh polls. 

"The right to reject and elect a new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background or performance of contesting candidate, they will opt for NOTA (none of the above) to reject such candidate and elect a new candidate," the petition said. 

"The Court may declare that if ''none of the above'' (NOTA) gets maximum votes, then election to that constituency shall be nullified and a fresh election shall be held within six months; and the contesting candidates rejected in the nullified elections, shall not be allowed to participate in the fresh election," the plea filed through advocate Ashwani Kumar Dubey said. 

The petition contended that political parties choose contesting candidates in a very undemocratic manner without consulting electors, that is why, many times people in the constituency are totally discontented with candidates presented before them. 

"This problem can be solved by holding a fresh election if maximum votes are polled in favour of NOTA. In such situation, the contesting candidates should be considered as rejected and not be allowed in the fresh election," the plea said. 

"Right to reject and elect new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background of contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate," the plea said. 

The plea said the percentage of candidates with criminal antecedents and their chances of winning has actually increased steadily over the years. 

"The injury caused to public is extremely large and continue till date, as the right to reject is an integral part of Article 19, but the Centre and ECI did nothing to declare the election result invalid and hold fresh election if maximum votes are polled in favour of NOTA," it added.