A PIL seeking directions to the Election Commission to nullify the election results and hold fresh polls if maximum votes have been polled in favour of NOTA in a particular constituency has been filed in the Supreme Court. The plea filed by BJP leader and advocate Ashwini Kumar Upadhyay has also sought directions to restrict the contesting candidates from taking part in the fresh election, who have participated in the nullified election.
"The Court may declare that if ‘none of the above’ (NOTA) gets maximum votes, then election to that constituency shall be nullified and a fresh election shall be held within six months; and the contesting candidates rejected in the nullified elections, shall not be allowed to participate in the fresh election," the plea filed through advocate Ashwani Kumar Dubey said.
The petition contended that political parties choose contesting candidates in a very undemocratic manner without consulting electors, that is why, many times people in the constituency are totally discontented with the candidates presented before them.
"This problem can be solved by holding a fresh election if maximum votes are polled in favour of NOTA. In such situation, the contesting candidates should be considered as rejected and not be allowed in the fresh election.
"Right to reject and elect new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background of the contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate," the plea said.
The plea said the percentage of candidates with criminal antecedents and their chances of winning has actually increased steadily over the years.
"The injury caused to public is extremely large and continue till date, as the right to reject is an integral part of Article 19, but the Centre and ECI did nothing to declare the election result invalid and hold fresh election if maximum votes are polled in favour of NOTA," it added.