The Supreme Court has asked the Election Commission of India (ECI) for action following the PIL filed by the public concern with the repolling in constituencies where NOTA (None of the above) got the majority vote. On the whole, the CJ put a question on electoral process and said, “May we wait for the report of EC?” The judges, Justices JB Pardiwala and Manoj Misra, who were on the bench, have demanded a result from the EC without setting a particular date for the hearing.
Shiv Khera who is motivational speaker and author filed a PIL on behalf of advocate Gopal Sankaranarayan who is an eminent lawyer. Sankaranarayan, in particular, produced the circumstance, mentioning the Surat Parliamentary Seat, where the BJP ticket-holder won uncontested because of the absence of the candidate.
The appeal additionally advocates for the court to establish guidelines on scenarios where NOTA receives the most votes. It is to be used where such an occurrence cancels elections, necessitating new elections. So, the NOTA was included in 2013 in the whole-chain elections, which involve the Assembly, Parliament, or local government.
The petitioner has approached the EC twice already, seeking that the candidates classification of NOTA as a “fictional candidate” is made organizations.
Advocate Schweta Mazumdar who is representing the petitioner, states that the states of Maharashtra, Haryana, Delhi and Puducherry have embraced the NOTA option as a dummy candidate for the municipal tries and elections. Also, if the NOTA system surpasses all the contesting candidates, a compulsory re-poll should be conducted as per the guidelines of the FPSA.
The appeal is addressed to EC to be applying these rules for constituencies having clear majority of NOTA votes, this would mean contest being repeated in those particular areas. Furthermore, she insists that fake candidates for NOTA have enough support from the media and aims to disqualify such candidates for the five years who didn’t get more votes than NOTA.
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