The Election Commission of India on Tuesday issued an advisory that the option for None Of The Above, or NOTA, will no longer be applicable in Rajya Sabha and legislative council elections as per an order of the Supreme Court. The advisory was sent to the chief electoral officers of all states and union territories.
It added that the column for NOTA will not be printed in ballot papers for these elections. The option will only be available in direct elections to Lok Sabha and Legislative Assemblies.
Last month, the Supreme Court ordered that the NOTA option should be used only in direct elections and not in elections to the Rajya Sabha. Its verdict was based on a petition challenging an EC notification allowing NOTA in ballot papers for elections to the Upper House. Shailesh Parmar, the Congress’ chief whip in the Gujarat Assembly during the 2017 Rajya Sabha polls, had filed the petition.
The poll panel told the court during proceedings that the provision had been granted on the basis of a Supreme Court order. The judges, however, questioned the EC, saying a legislator has to vote according to the whip issued by their party. “Why should a constitutional court be party to an unconstitutional act?” the judges asked. “If a person does not vote, he could be expelled by the party. But by introducing NOTA, you [the Election Commission] are legitimising the act of not voting.”
Attorney General KK Venugopal, appearing for the Centre, opposed the poll panel’s notification and reiterated that a member of the Upper House is bound by the decisions of their respective party.
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