Two lakh plus NOTA votes in Indore

06.06.2024

Two lakh plus NOTA votes in Indore

Why in the news?

BJP's Shankar Lalwani won in Indore with a massive margin of 10.09 lakh votes, receiving 12,26,751 votes. His nearest competitor was NOTA, with 2,18,674 votes. This result is the highest number of NOTA votes ever recorded in any constituency. The previous record was 51,660 NOTA votes in Gopalganj, Bihar, in 2019.

About NOTA and its introduction in Indian election

• NOTA stand for "None of the above."
• It is an option provided to voters in Indian elections, allowing them to indicate disapproval of all candidates listed on the ballot.
• This choice enables voters to exercise their right to vote without endorsing any of the contesting candidates.
• In September 2013, the Supreme Court directed the Election Commission of India (ECI) to introduce the NOTA option to protect voter secrecy.
• This decision followed a 2004 petition by the People’s Union for Civil Liberties (PUCL).

○PUCL argued that the Conduct of Elections Rules, 1961, violated voter secrecy, as the Presiding Officer recorded the details of those who chose not to vote.

• The central government contended that the right to vote is a statutory right, and only those who voted had a right to secrecy.
• However, the Supreme Court held that voter secrecy must be maintained whether a vote is cast or not.
• The court emphasized that secrecy is crucial for free and fair elections, and no public interest is served by revealing a voter's choice or identity.
• The Supreme Court observed that with EVMs, it is evident if a voter chooses not to vote, as the machine remains silent.
• In 2001, the ECI recommended to the Ministry of Law and Justice the introduction of a NOTA option in EVMs and ballot papers.
• This was recommended to protect voter secrecy and allow voters to express dissent against candidates, reducing bogus voting.
• Accepting this reasoning, the court directed the ECI to install a NOTA button in EVMs.
• This move aims to make political parties field candidates with integrity, reflecting the will of the people.

What happens if NOTA receive the highest number of votes in a constituency?

• Experts highlighted that NOTA has no legal consequence if NOTA receives the most votes, the second-highest candidate wins.
• While this hasn't occurred in Lok Sabha elections, results like Indore's suggest it is possible.
• The Supreme Court is currently reviewing a petition to declare elections null and void if NOTA win.
• Shiv Khera, founder of the Country First Foundation, filed this petition in April 2024, seeking ECI guidelines to ensure uniform implementation of NOTA with consequences for candidates failing to surpass NOTA.
• The petition highlights examples from Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh, where the State Election Commission treats NOTA as a "Fictional Electoral Candidate" in local elections.
• If NOTA receive more votes than any individual candidate, fresh elections are held.

Arguments put forward by the petition

• The petition argues that the ECI should implement similar rules for all elections where NOTA win a majority.
• It claims that since its 2013 introduction, NOTA has not increased voter participation or improved candidate quality.
• It describes NOTA as a "potent weapon" needing more impact to pressure political parties.
• It also suggests that candidates receiving fewer votes than NOTA should be barred from contesting elections for five years and urges the Supreme Court to direct the ECI to frame such rules.

                                                    Source: Indian Express

With reference to the NOTA, consider the following statements:

1. NOTA stand for "None of the Above."

2. It is an option provided to voters in Indian elections, allowing them to indicate disapproval of all candidates listed on the ballot.

3. This choice enables voters to exercise their right to vote without endorsing any of the contesting candidates.

Ques :- How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Answer C