Supreme Court to Examine Voters' Right to 'NOTA' in Uncontested Elections

The Supreme Court is set to review a provision in the Representation of the People Act, 1951, that allegedly hinders voters from selecting the NOTA option in elections with a lone candidate. A hearing is scheduled for March 19, with the Centre expected to respond to the plea.

The Supreme Court has scheduled a hearing on March 19 for a Public Interest Litigation (PIL) that challenges a provision of the Representation of the People Act, 1951. The issue at hand concerns the restriction on voters from utilizing the NOTA (None of the Above) option during elections featuring only a single candidate.

A bench comprising Justices Surya Kant and N Kotiswar Singh highlighted the significance of the issue and expressed their intent to examine it thoroughly. The court has requested the Centre to submit its response to the plea, which was initially brought forward by Vidhi Centre for Legal Policy, a legal think-tank.

The plea claims that Section 53(2) of the Act, along with certain aspects of the Conduct of Election Rules, 1961, are unconstitutional. These provisions allegedly prevent over 82 lakh voters from casting a negative vote in uncontested elections, which the plea argues is a violation of their fundamental rights under Article 19(1)(a) of the Constitution.