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
---------------------------------------------------------------------------------------------------------
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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