Lawstreet Journal

'Right To Reject': Plea for Declaring Elections Invalid if Maximum Voters Opt for NOTA, Notice Issued by SC [READ SYNOPSIS]

Lawstreet Journal 19 Mar 2021 8:24pm

Image courtesy: Lawstreet Journal Judiciary 'Right To Reject': Plea for Declaring Elections Invalid if Maximum Voters Opt for NOTA, Notice Issued by SC [READ SYNOPSIS]

A plea filed by Supreme Court lawyer and BJP leader Ashwini Upadhyay seeks direction to the Election Commission to use its plenary power to nullify the election result and hold fresh election, if maximum votes have been polled in favour of NOTA in a particular constituency; and, restrict the contesting candidates from taking part in the fresh election, who have participated in the nullified election.

The Supreme Court on Monday issued a notice on the PIL.

In the alternative, he also prays that the court direct the Centre to take apposite steps to invalidate the election result and hold fresh election, if maximum votes have been polled in favour of NOTA in a particular constituency, and to restrict the contesting candidates.

Submissions by petitioner:

The plea contends that political parties choose contesting candidates in a very undemocratic manner without consulting electors, that is why many times people in constituencies are totally discontented with candidates presented before them.

This problem can be solved by holding a fresh election if maximum votes are polled in favour of NOTA. In such a situation, the contesting candidates should be considered as rejected and not be allowed in the fresh election. Right to reject and elect a new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background of the contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate,” it is submitted.

Senior Advocate Menaka Guruswamy appeared on the behalf of the petitioner.She submitted that though the petitioner has approached… Continue Reading...


Tagged: Ashwini Upadhyay  
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