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Supreme Court Opens Hearings on Applying NOTA Vote in Uncontested Elections

The bench is weighing if treating NOTA as a candidate could force fresh polls when a lone contender fails to secure more votes than the ballot option

Overview

  • The court began detailed arguments on a PIL by the Vidhi Centre for Legal Policy seeking to extend the NOTA option to races with a single candidate
  • Petitioners contend that Section 53(2) of the Representation of the People Act denies voters their Article 19(1)(a) right to reject unopposed contenders
  • The Ministry of Law and Justice told the bench that NOTA is merely an expression and cannot be classified as a candidate under the 1951 Act
  • Election Commission counsel noted that NOTA has never determined an outcome since its 2013 introduction and that only nine uncontested polls have occurred since 1951
  • Advocates highlighted that some local body rules countermand elections when NOTA votes exceed a candidate’s, a model under consideration for assembly and parliamentary contests