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 ballot papers 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.
Election Commission of India
New Delhi, 28 October, 2013
Source : PIB
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