NOTA Votes

Indore has polled 2,18,674 NOTA votes becoming the most votes that the NOTA option has ever received in any constituency till date. 

• Previously, Gopalganj in Bihar, held the record with  51,660 voters choosing the NOTA option in 2019.

About NOTA Votes, None Of The Above 

• Introduction: The NOTA option was introduced in EVMs by the Election Commission of India (ECI) on an order of the The Supreme Court  in 2013, in order to protect the ‘Right to secrecy’ of voters’ choice.
  • The NOTA option was introduced for the first time in the Assembly Elections of 4 states (Madhya Pradesh, Rajasthan, Chhattisgarh, Mizoram and Delhi) in 2013.
• Purpose:  NOTA was introduced so as to discourage the parties from fielding tainted candidates as well as ensuring the ‘Right to not vote’ to voters.
• Background:
  • The People’s Union for Civil Liberties (PUCL) in an effort to protect the ‘Right to secrecy’ of voters to exercise their franchise, approached the Supreme Court.
  • Argument:
    • The Conduct of Elections Rules, 1961 violated the Right to Secrecy of voters, as the Presiding Officer maintains a record of voters who choose not to vote along with the signatures or thumb impressions of each voter who exercises this right.
    • The ECI Letter: The ECI in a letter to the Ministry of Law and Justice seeked the introduction of a NOTA option in EVMs to protect voter secrecy as well as allowing voters to express their dissent/disapproval against the contesting candidates.
  • Judgment: The court held voter identity secrecy to be an essential feature of free and fair elections.
• Symbol:  A ballot paper with a black cross across it.

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• Legal Provisions:
  • Section 79(d) in The Representation of the People Act, 1951: “Electoral Right” includes the right to vote or refrain from voting at an election.
• Universal Right: 
  • ‘Right to secrecy’ is internationally recognized with mentions in Article 21(3) of the Universal Declaration of Human Rights and Article 25(b) of the International Covenant on Civil and Political Rights.
• Consequence: 
  • NOTA has no legal consequence attached to it ie. If the highest number of votes in a constituency are polled for NOTA, the second most successful candidate wins. 
• Landmark Cases Related to NOTA: 
  • Shailesh Manubhai Parmar v. Election Commission of India 2018: The Supreme Court dismissed the use of the NOTA option in Rajya Sabha elections.
• Reforms needed: 
  • Null and Void: The Supreme Court is hearing a petition filed  by The Country First Foundation, to declare an election “null and void” if NOTA receives the highest number of votes in the constituency. 
  • Fresh Elections with new candidates: As per a recommendation from Association For Democratic Reforms,  In case the NOTA option polls the highest  votes than any of the candidates, none of the candidates should be declared elected and a fresh election held in which none of the candidates in this election are allowed to contest 
  • Uniform implementation: ECI should frame guidelines regarding uniform implementation of the NOTA vote option with consequences for candidates who do not surpass NOTA.
  • Local body election examples: The State Election Commissions of  Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh declared NOTA as a “Fictional Electoral Candidate” in local elections 
    • If the votes for NOTA exceed the votes received by all other individual candidates, fresh elections will be held in these states and union territories.
  • Ensuring clean candidates profile: The candidates polling  fewer votes than NOTA should be debarred from contesting all elections for a period of 5 years.

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