NEW DELHI: The Supreme Court on Monday dropped loud hints about scrapping 'None of the above' (Nota) choice for MLAs in Rajya Sabha polls in an extraordinary example of the BJP-led NDA government and Congress agreeing on tough discontinuance of Nota on grounds that it isn't suitable for indirect elections.
The coming in combination of the government and Congress left the Election Commission isolated in defending Nota in RS elections, which it had notified in January 2014. The apex court docket had in 2013 PUCL judgment ordered Nota for voters in general elections. It stated RS elections see an open ballot vote casting system and even if MLAs vote contrary to the birthday celebration line, they do not get disqualified as no birthday celebration can issue whip in RS elections to its MLAs.
But legal professional basic K K Venugopal stated the Centre supported the petition filed by way of Gujarat Congress birthday celebration leader whip Shailesh Manubhai Parmar, who had rushed to the court docket in August ultimate yr at the eve of RS elections, given the defection of Congress MLAs to BJP and the touch-and-go scenario for its top candidate Ahmed Patel. Patel had scraped thru by way of registering a slim win.
After listening to senior recommend A M Singhvi for petitioner and EC recommend Amit Sharma, a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud stated the SC judgment within the PUCL case was once to offer voters the option of Nota in general elections.
Faulting the EC for extending Nota to RS elections, which is in line with MLAs casting unmarried transferable vote thru proportional illustration, the bench stated: "EC appears to be extending its arms to areas where it is not necessary. Not voting in RS elections by an MLA is acceptable. But what we cannot tolerate is EC giving the MLAs the Nota option. An MLA is not voting for himself alone. His vote carries values and he cannot turn this value to zero by opting for Nota. By Nota, EC is legitimising the MLAs' decision to break ranks with party decision and discipline. " SC has reserved its verdict.
The coming in combination of the government and Congress left the Election Commission isolated in defending Nota in RS elections, which it had notified in January 2014. The apex court docket had in 2013 PUCL judgment ordered Nota for voters in general elections. It stated RS elections see an open ballot vote casting system and even if MLAs vote contrary to the birthday celebration line, they do not get disqualified as no birthday celebration can issue whip in RS elections to its MLAs.
But legal professional basic K K Venugopal stated the Centre supported the petition filed by way of Gujarat Congress birthday celebration leader whip Shailesh Manubhai Parmar, who had rushed to the court docket in August ultimate yr at the eve of RS elections, given the defection of Congress MLAs to BJP and the touch-and-go scenario for its top candidate Ahmed Patel. Patel had scraped thru by way of registering a slim win.
After listening to senior recommend A M Singhvi for petitioner and EC recommend Amit Sharma, a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud stated the SC judgment within the PUCL case was once to offer voters the option of Nota in general elections.
Faulting the EC for extending Nota to RS elections, which is in line with MLAs casting unmarried transferable vote thru proportional illustration, the bench stated: "EC appears to be extending its arms to areas where it is not necessary. Not voting in RS elections by an MLA is acceptable. But what we cannot tolerate is EC giving the MLAs the Nota option. An MLA is not voting for himself alone. His vote carries values and he cannot turn this value to zero by opting for Nota. By Nota, EC is legitimising the MLAs' decision to break ranks with party decision and discipline. " SC has reserved its verdict.
Nota may go from RS polls as BJP, Cong unite
![Nota may go from RS polls as BJP, Cong unite]()
Reviewed by Kailash
on
July 31, 2018
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