No direction for repoll if most say ‘none of the above’https://indianexpress.com/article/news-archive/web/no-direction-for-repoll-if-most-say-none-of-the-above/

No direction for repoll if most say ‘none of the above’

The Supreme Court had asked the EC to implement the NOTA option at once or in a phased manner.

The Supreme Court Monday dismissed a PIL that had sought a direction to the Election Commission to hold fresh polls if the majority of the electorate exercises the “None of the above”,or NOTA,option in voting machines. In September,the court had ordered introduction of a NOTA button to “empower” voters to reject all candidates,while emphasising there is a “dire need of negative voting” in the electoral system to ensure a candidate wins only on the basis of “positive votes”.

A bench led by Chief Justice P Sathasivam said Monday that a directive as sought could not be issued; it was for Parliament to bring an amendment to the law should it deem that appropriate. It is too early to pass any direction on this,the bench added,since the issues regarding NOTA are fresh and the legislature is yet to deliberate on its various aspects.

The PIL was filed by one Jagganath,who sought a direction to the EC not to declare the results when the majority uses the NOTA option.

In a landmark judgment on September 27,the Supreme Court had asked the Election Commission to implement the NOTA option at once or in a phased manner,with the assistance of the central government. Until now,a voter who did not want to choose any candidate could only register his or her decision in a register outside the polling booth,and such details were not kept a secret.