Monday, February 10, 2014

NOTA votes are based on the principle of one negative vote for all candidates we should unite and stand against the press note and demand the quashing of the press note.


For the sake of saving the purpose of the Supreme Court’s judgement for “None of the Above” option on EVM

I would like to draw attention of Indian voters and citizen to the Press Note No. ECI/PN/48/2013 Dated: 28th October, 2013 which stipulates as under:-"As per the provisions of clause (a) of Rule 64 of Conduct of Elections Rules, 1961, read with Section 65 of the Representation of the People Act, 1951, the candidate who has polled the largest number of valid votes is to be declared elected by the Returning Officer. Therefore, even if the number of electors opting for NOTA option is more than the number of votes polled for any of the candidates, the candidate who secures the largest number of votes has to be declared elected" Please go through these lines and you will find that the judgment and mandate has been defeated.

The Hon’ble Supreme Court of India in writ petition (civil) no. 161 of 2004 in people’s union for civil liberties & anr versus union of india & anr. has held as under-

61)   In the light of the above discussion, we hold 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.”
As while the votes casted for individual candidates are based on the principle of one vote for one candidate, the NOTA votes are based on the principle of one negative vote for all candidates."

It is requested to everyone should lead for the cause of the voter and India as NOTA votes are based on the principle of one negative vote for all candidates we should unite and stand against the press note and demand the quashing of the press note No. ECI/PN/48/2013 Dated: 28th October, 2013 because NOTA is based on the principle of one negative vote for all candidates and if the total number of NOTA option is more than the number of votes polled for any of the candidates, the candidate who secures the largest number of votes has not to be declared elected.

Thanks
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Election Commission of India

Nirvachan Sadan, Ashoka Road, New Delhi
No.ECI/PN/41/2013 Dated: 27th September 2013
Press Note


Subject: Supreme Court’s judgment for “None of the Above” option on EVM

Hon'ble Supreme Court, in its judgment dated 27th September 2013 in WP (C) No. 161 of 2004, (People's Union for Civil Liberties and another Vs. the Union of India and another) has directed the Election Commission to make necessary provision in the ballot papers/EVMs and provide a button
for 'None of the Above' (NOTA) 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. In accordance with the order of the Supreme Court "None of the Above" shall be printed in a separate panel on the ballot paper below the name of the last contesting candidate. This ballot paper shall be affixed on the Ballot Unit of the EVM. If the voter presses the button next to "None of the Above" his desire not to vote for any of the candidates in the fray will get recorded in the EVM in secrecy. Commission shall also make appropriate changes in Part-2 of Form 17C used during counting and the result sheet in Form 20 to separately compile the number of persons who used the option not to vote for any of the candidates in the fray. Election Commission of India shall issue detailed instructions to ensure compliance with the order of the Court as expeditiously as possible.

(Dhirendra Ojha)
Director
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ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-110001
No. ECI/PN/48/2013 Dated: 28th October, 2013
Press Note

Subject - Supreme Court’s judgement for “None of the Above” option on EVM – clarification.

The direction in the judgment dated 27th September, 2013 of the Hon’ble Supreme Court is to provide a NOTA option on the EVM and ballotpapers so that the electors who do not want to vote for any of the candidates can exercise their option in secrecy. The Supreme Court held that the provisions of Rule 49-O under which an elector not wishing to vote for any candidate had to inform the Presiding Officer about his decision, are ultra vires Article 19 of the Constitution and Section 128 of the Representation of the People Act, 1951. As per the provisions of clause (a) of Rule 64 of Conduct of Elections Rules, 1961, read with Section 65 of the Representation of the People Act, 1951, the candidate who has polled the largest number of valid votes is to be declared elected by the Returning Officer. Therefore, even if the number of electors opting for NOTA option is more than the number of votes polled by any of the candidates, the candidate who secures the largest number of votes has to be declared elected.

Under the provisions of Section 53(2) of RP Act, 51, if the number of contesting candidates is equal to the number of seats to be filled, the Returning Officer has to declare all the contesting candidates to be duly elected. In the case of elections to the Lok Sabha and Legislative Assemblies, in cases where there is only one contesting candidate in the fray, the Returning Officer has to, in accordance with the provisions of the said Section 53(2), declare the sole contesting candidates as elected. The provision of NOTA option which is an expression of decision not to vote for the contesting candidates is not relevant in such cases.

(Dhirendra Ojha)

Director--

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