In a keenly-watched proceeding on whether the option None of the Above (NOTA) must apply to Rajya Sabha elections, the Supreme Court on Thursday held that the matter required consideration, but under no circumstance can RS elections be held up on this premise. The elections to 10 RS seats from Gujarat, West Bengal and Madhya Pradesh will take place on August 8.
The decision came as a setback to the Congress, which is facing a hot contest in Gujarat where Ahmed Patel, the political secretary to Congress chief Sonia Gandhi, is in the fray. With the recent exodus of MlAs from the party in the State, the Congress had filed a petition in the SC to ensure none of its MlAs chooses NOTA option to invalidate their votes. Under Conduct of Election Rules, NOTA vote is an invalid vote.
Arguing before a Bench of Justices Dipak Misra, Amitava Roy and AM Khanwilkar, senior advocate Kapil Sibal said that this option is a “recipe for corruption” and required to be stayed for the present. He questioned the validity of a circular issued by the Election Commission on January 24, 2014 introducing NOTA in electronic voting machines (EVM) wondering how it could apply to Rajya Sabha elections, which is an indirect election, where the MlAs who vote are bound by the party whip.
The Bench was convinced to hear the petition filed by Congress whip in Gujarat Assembly Shailesh Parmar and fixed the matter for hearing on September 13. It issued notice to the Election Commission for its response and even sought assistance of Attorney General KK Venugopal. It, however, declined stay of the EC circular, raising pertinent questions to both Sibal and senior advocate Abhishek Manu Singhvi representing the petitioner. “Why no challenge was made when many elections (to Rajya Sabha) were held since 2014. When it suited you, you did not challenge it. The EC circular was not State-oriented,” the Bench said.
Singhvi pointed out that the present case was a close contest and the petitioner being a legislator of a political party had apprehensions that using money power, votes will be purchased. One of the judges remarked, “So you are afraid of losing.” Sibal replied, “It’s not a question of winning or losing. If you do not stay it, it will be a recipe for corruption. It is unfortunate that the court is not able to see this.”
The Election Commission represented by senior advocate Ashok Desai opposed stay as any action by the court will disrupt the election process. Singhvi made an alternate proposal to subject the election to the final outcome of the court order. Sibal added by saying, “How will we get results. Gujarat elections will be over by then.” Seeing their desperation, the Bench remarked, “You do not seem to be serious about the constitutional issue involved.”