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 Honble Supreme Court, in its judgment dated 27th September 2013 in WP (C) No. 161 of 2004, (Peoples 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
Posted on: Sun, 19 Jan 2014 04:25:29 +0000
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