Right to reject: SC notice to Centre, EC on BJP leader’s plea

Tribune News Service

New Delhi, March 15

The Supreme Court on Monday issued notice to the Centre and the Election Commission on a BJP leader’s PIL seeking a direction to the poll panel to nullify an election result and conduct a fresh poll if the maximum votes in a particular constituency were for NOTA.

A Bench headed by Chief Justice of India SA Bobde asked the Ministry of Law and Justice and the Election Commission of India to respond to the petition filed by Delhi CJI leader and advocate Ashwini Kumar Upadhyay.

Upadhyay was represented by senior advocate Maneka Guruswamy who wanted the top court to direct the Election Commission to restrict those candidates and political parties, whose election has been nullified, from taking part in fresh polls.

“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 of the contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate,” the PIL contended.

“The injury caused to the public is extremely large and continues 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 submitted.

“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 petition read.

Alleging that political parties choose candidates in a very undemocratic manner without consulting electors, the PIL contended that was why many a time people were 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 a situation, the contesting candidates should be considered as rejected and not be allowed in the fresh election,” Upadhyay said.

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