The Supreme Court on Monday asked for responses from the Centre and the Election Commission on a plea seeking to direct the poll panel to nullify an election result and conducting a fresh poll if the maximum votes are for NOTA in a particular constituency.
A bench comprising Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian issued notices to the Ministry of Law and Justice and the Election Commission of India asking for their replies on the plea.
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.