The Supreme Court on Friday issued notice to the Election Commission of India on a plea by motivational speaker Shiv Khera, seeking the framing of rules to the effect that that NOTA be treated as a fictional candidate and in case NOTA gets majority of votes in a constituency, then election in this constituency be declared null and void and re-election ordered.

A bench headed by Chief Justice DY Chandrachud issued the notice to the poll panel.

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Shiv Khera has also sought the framing of rules to debar a candidate getting less votes than polled by the fictional NOTA candidate ,from contesting any election for five-years and to ensure proper and efficient reporting/publicity of NOTA as a “Fictional Candidate.”

Senior Advocate Gopal Sankaranarayanan appearing for Shiv Khera told the court about the current situation in the Surat Lok Sabha election. In Surat, since there was no other candidate, all the voters had to go for only one candidate.

In November 2013, the Election Commission had introduced an option in the EVMs stating none of the above (NOTA) candidates at the central level including in local body elections.

The petitioner has said that the most significant change brought in the form of NOTA was seen in Maharashtra, Haryana, Delhi and Puducherry.

“The respective State Election Commission (SEC) declared that if NOTA emerged as the winner in any election, there would be a mandatory re-poll. This was the first significant change in the electoral system since the inception of NOTA. The notification put forward by the respective State Election Commissions fields NOTA as a fictional candidate and categorically holds that declaring the second highest candidate as winner (in case NOTA gets the highest votes), violates the underlying principle and object of NOTA,” says the petition.

The petition further states that since 2013, the implementation of NOTA has not fulfilled the very purpose that it was supposed to achieve.

The same can only be done if the Election Commission gives teeth to NOTA just as done in Maharashtra, Delhi, Puducherry and Haryana, the petitioner urged the court.

The option of NOTA in the Electronic Voting Machines is the result of the ‘right to reject’ possessed by the voter in our electoral system and before India, 13 other countries adopted negative voting or the right to reject, the plea said.

The Election Commission has failed to regard NOTA as a valid candidate. which in a democratic form of governance is essential since NOTA, is not merely a citizen ‘NOT’ voting but is actually a valid selection, the petition has said. It further states that it can be summarised that while the top Court had an idealistic approach in adopting NOTA in the electoral system, the State Election Commissions utilizing their power under the Constitution have turned that idealistic thought into reality. What has begun from the Panchayat and Municipal polls in 4 states should be implemented uniformly at all levels, states the petition.

“…the idea and purpose of NOTA is to put pressure on political parties to put up better candidates. There continue to be instances when almost all candidates in a constituency have had pending criminal cases. What does a voter do? NOTA is a potent weapon in the hands of the voter,” states the petition.