The Supreme Court today refused to stay the None of the Above (NOTA) option for the Gujarat Rajya Sabha elections to be held on August 8..However, the Court did issue notice to the Election Commission with respect to the constitutional aspects raised in the petition filed by Shailesh Manubhai Parmar of the Indian National Congress..In his petition, Parmar contended that the applicability of NOTA to the Rajya Sabha elections is in ex facie violation of the provisions of Article 80 (4) of the Constitution, the Representation of People’s Act 1951, the Conduct of Election Rules 1961, and two decisions of the Supreme Court..Further, his petition states that based on the Supreme Court’s judgement in PUCL v Union of India, NOTA was to be applied to direct and general elections and not indirect elections like that to the Rajya Sabha. On these grounds, he challenged the Election Commission’s notifications and the Gujarat Legislative Assembly’s circular allowing NOTA to be used for the elections..Today, the matter was heard by a Bench of Justices Dipak Misra, Amitava Roy, and AM Khanwilkar. The petitioner was represented by Senior Advocates Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha. The Election commission was represented by former Attorney General for India Ashok Desai..The Bench asked why the circular was not challenged till now, when it was issued back in 2014. Sibal replied that since there was no election held in Gujarat for the last 20 years, the question to challenge the rule did not arise..He also argued that the Election Commission cannot issue a circular without amending the Act, and that the same was against election conduct rules. He also submitted that the circular issued was purely on administrative discretion and no political party was consulted beforehand..When the Bench asked why this circular was not challenged in other elections, it was submitted that the previous elections held were direct elections..However, the petitioner’s counsel failed to persuade the Bench to grant a stay on the NOTA rule. At this point, Sibal made a strong comment before the Bench..“It is not a question of win or lose. If you do not grant a stay on NOTA it is a recipe for corruption.”.The Bench then proceeded to issue notice to the Election Commission and requested Attorney General KK Venugopal for assistance, should the need arise. It stated that it will decide the constitutional issues surrounding NOTA and adjourned the matter to September 13.
The Supreme Court today refused to stay the None of the Above (NOTA) option for the Gujarat Rajya Sabha elections to be held on August 8..However, the Court did issue notice to the Election Commission with respect to the constitutional aspects raised in the petition filed by Shailesh Manubhai Parmar of the Indian National Congress..In his petition, Parmar contended that the applicability of NOTA to the Rajya Sabha elections is in ex facie violation of the provisions of Article 80 (4) of the Constitution, the Representation of People’s Act 1951, the Conduct of Election Rules 1961, and two decisions of the Supreme Court..Further, his petition states that based on the Supreme Court’s judgement in PUCL v Union of India, NOTA was to be applied to direct and general elections and not indirect elections like that to the Rajya Sabha. On these grounds, he challenged the Election Commission’s notifications and the Gujarat Legislative Assembly’s circular allowing NOTA to be used for the elections..Today, the matter was heard by a Bench of Justices Dipak Misra, Amitava Roy, and AM Khanwilkar. The petitioner was represented by Senior Advocates Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha. The Election commission was represented by former Attorney General for India Ashok Desai..The Bench asked why the circular was not challenged till now, when it was issued back in 2014. Sibal replied that since there was no election held in Gujarat for the last 20 years, the question to challenge the rule did not arise..He also argued that the Election Commission cannot issue a circular without amending the Act, and that the same was against election conduct rules. He also submitted that the circular issued was purely on administrative discretion and no political party was consulted beforehand..When the Bench asked why this circular was not challenged in other elections, it was submitted that the previous elections held were direct elections..However, the petitioner’s counsel failed to persuade the Bench to grant a stay on the NOTA rule. At this point, Sibal made a strong comment before the Bench..“It is not a question of win or lose. If you do not grant a stay on NOTA it is a recipe for corruption.”.The Bench then proceeded to issue notice to the Election Commission and requested Attorney General KK Venugopal for assistance, should the need arise. It stated that it will decide the constitutional issues surrounding NOTA and adjourned the matter to September 13.
