SC notice to EC on petition to declare poll void if NOTA ‘wins’

New Delhi, April 26

The Supreme Court on Friday asked the Election Commission to respond to a petition seeking to declare an election “void” if the maximum number of voters have opted for the “none of the above” (NOTA) option.

“We will examine…This is about the electoral process too,” a Bench led by CJI DY Chandrachud said, issuing notice to the poll panel on a PIL filed by motivational speaker Shiv Khera.

Results should be declared null and void in any constituency where the maximum votes have gone to NOTA, Khera demanded in his PIL. As an option, NOTA was introduced in 2013 after the Supreme Court’s directions on a PIL.

On behalf of the petitioner, senior advocate Gopal Sankaranarayanan cited the recent example from the Surat Lok Sabha constituency where no election was held as there was only one candidate in the fray.

If no other candidate opposed an incumbent or withdrew his candidacy, there should still be voting as the option of NOTA existed, Sankaranarayanan argued. The petitioner has also sought a five-year ban on any candidate who received fewer votes than NOTA, holding them accountable for their dismal performance.