“Introduction of NOTA will be an anathema to the fundamental criterion of democracy.”

Supreme Court: The Bench comprising of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, while deciding a petition challenging the availability of the option “None of the Above” (NOTA), stated that “it would not only undermine the purity of democracy but also serve the Satan of defection and corruption. ”

The facts of the case pertain to availability of the option of NOTA in the elections held for Rajya Sabha. The petitioner challenged a circular issued in relation to the conduct of elections for the Council of States (Rajya Sabha). He asserted that Election Commission of India had issued directions stating that the option of NOTA could be applicable to elections for the Rajya Sabha, which the petitioner contended to be contrary to Article 80(4) of the Constitution of India and the decision pronounced by the Supreme Court in PUCL v. Union of India, (2013) 10 SCC 1.

On the other hand, contentions, as placed by the respondents, were that the EC had issued a letter which was further reiterated on 12-11-2015 that the option of NOTA would be applicable to elections for Rajya Sabha and as the elections were already conducted, no justification stood for challenging the said direction at such a belated stage.

The Supreme Court, while concluding its decision, emphasized that “In a democracy, the purity of election is categorically imperative”. It opined that on exercising the choice of NOTA in the voting process of the Rajya Sabha, such choice would have a negative impact. Further, it was observed by the Court that provisions for introduction of NOTA as conceived by the Election Commission, on the basis of the judgment mentioned hereinabove, were absolutely erroneous and the introduction of NOTA would certainly lead to the aspect of defection that would indirectly usher in with immense vigour. Holding thus, the Court allowed the petition and quashed the said introduction. [Shailesh Manubhai Parmar v. Election Commission of India,2018 SCC OnLine SC 1041, decided on 21-08-2018]

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