The Rajya Sabha on Tuesday saw a political slugfest over a 2014 Election Commission (EC) notification providing MlAs with ‘None of the Above (NOTA)’ option in the elections to the Upper House. The Congress raised the issue in the backdrop of reports that some of its MlAs may try to scupper the prospect of party nominee for Gujarat Ahmad Patel in the August 8 Rajya Sabha polls by exercising the NOTA option.
At the same time, Congress chief whip in the Gujarat Assembly Shailesh Parmar on Tuesday issued a whip to all Congress MlAs to give their first preference vote to official party candidate Ahmed Patel and refrain from using the NOTA option.
Parmar has sent letters to all 51 existing MlAs of the party including that of former leader of the Opposition Shankersinh Vaghela who resigned from the post and also quit the Congress.
As per directions issued by the Election Commission of India in 2014, NOTA option will be printed on the ballot paper for the upcoming elections of three Rajya Sabha seats in Gujarat, said DM Patel, Secretary, Gujarat Assembly. According to Patel, this is for the first time MlAs would exercise franchise with NOTA option.
Interestingly RS elections are taking place in the State after almost two decades as during the period candidates for the RS used to be elected unopposed irrespective of party line. This time four candidates including BJP national president Amit Shah, Union Minister for Textiles Smriti Irani, Balwantsinh Rajput and senior Congress leader Ahmed Patel are contesting for the three RS seats.
“First Rajya Sabha election was postponed. Second NOTA was permitted post notification. Reason best known to the Election Commission,” tweeted Ahmed Patel on Tuesday.
In the Rajya Sabha, some Opposition members claimed the election will be termed illegal as no Constitution amendment took place to introduce NOTA for the Upper House polls. They also said NOTA is so far not applicable for President and Vice President’s polls.
Reacting to the Opposition’s contention after Anand Sharma (Congress) flagged the issue, leader of House Arun Jaitley said the Election Commission notice flowed from a decision by the Supreme Court some years back under Article 324 to have NOTA provision for all elections. He also said there could be merit in Sharma’s argument but the Rajya Sabha or its Question Hour was not the forum to raise the issue. The BJP leader also remarked that the Election Commission can only be set aside by the courts.
Sharma said the NOTA option was introduced without amending the Constitution and charged that this notice “vitiates” the election. Sharma added if a change required amending legislation, it has to be done by Parliament.
leader of Opposition Ghulam Nabi Azad termed the matter as “very serious.”
Satish Chandra Mishra (BSP) said it seemed the rules were not proper and the election of three members from Gujarat to the Upper House may get cancelled.
Chairman Hamid Ansari suggested that the matter be taken up with the Election Commission and tried to proceed with the Question Hour but the Opposition did not relent.
Maintaining that the Rajya Sabha only notifies the vacancies and the election is conducted by the Election Commission, Ansari said if the matter involved the Rajya Sabha, it would be looked into.
As the Opposition was in mood to relent, Ansari first adjourned the House for ten minutes and then till after lunch.