Case Law Details
In a Landmark Judgment today the Apex Court has held in the case of People’s Union For Civil Liberties & Anr Vs. Union Of India & Anr. (WRIT PETITION (CIVIL) NO. 161 OF 2004) that that citizens have right to cast negative vote rejecting all candidates contesting polls.
The court said right to reject candidates in elections is part of fundamental right to freedom of speech and expression given by the Constitution to Indian citizens. It said that democracy is all about choice and significance of right of citizens to cast negative voting is massive.
Apex Court further held that “Rules 41(2) & (3) and 49-O of the Rules are ultra vires Section 128 of the RP Act and Article 19(1)(a) of the Constitution to the extent they violate secrecy of voting. In view of our conclusion, we direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy. Inasmuch as the Election Commission itself is in favour of the provision for NOTA in EVMs, we direct the Election Commission to implement the same either in a phased manner or at a time with the assistance of the Government of India. We also direct the Government of India to provide necessary help for implementation of the above direction. Besides, we also direct the Election Commission to undertake awareness programmes to educate the masses.”
Sir, this judgement itself highly controversial, it hasnt said anything further, if NOTA gets majority. As Keshava sir said, if it is the case, then our politicians will make their sons and daughters to contest on their behalf, but this process will create additional financial burden on people……. but Lets hope something good will happen in future.
If voters casted more than 50.00% in “None of the Above” option, then Election Commission has to cancel the Election and They have to conduct reelection on that constituancy with all new Candidates. Because the Voter already rejected all the candidates, hence they should not contest in reelection.
Then only NOTA have meaningful power in Democrecy.