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As per the plea, election must be declared as "null and void" if maximum votes in a constituency are polled for "None of The Above" (NOTA)
The Supreme Court on Friday has issued notice in a PIL seeking re-polling in areas where there are maximum NOTA votes.
"This is about the electoral process. Let us see what election commission has to say...", a CJI DY Chandrachud led bench said while seeking a response from ECI.
It has been further sought those candidates, who lose to NOTA, should be barred from contesting the bye-election which is held after the cancellation of the first election.
The plea filed by Shiv Khera has also sought for proper publicity for NOTA as a "fictional candidate", with directions being issued to the Election Commission to frame appropriate rules in this regard.
NOTA allows voters to formally express their rejection of all running candidates. Selecting NOTA as a voting option signifies that the voter has not selected any party to support. If NOTA votes get the most number of votes in a constituency, the next candidate with the second-most number of votes is declared the winner.
In 2013, the Supreme Court of India had declared that voters should have the option to select "none of the above" when casting their ballots, and it mandated that the Election Commission install a button for this option in all electronic voting machines.
A similar petition is also pending before Supreme Court since 2021, filed by Advocate Ashwini Upadhyay.
Case Title: Shiv Khera vs. ECI
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