NOTA
The BJP’s Shankar Lalwani has won in Indore with a massive 10.09 lakh margin, receiving 12,26,751 votes.
His nearest competitor: NOTA, with 2,18,674 votes.
The extraordinary result in Indore is the most votes that the “None Of The Above” (NOTA) option has ever received in any constituency to date. The previous NOTA record-holder was Gopalganj, Bihar, in 2019, when 51,660 voters chose this option.
WHEN & HOW WAS NOTA INTRODUCED?
The Supreme Court directed the Election Commission of India (ECI) to introduce the NOTA option for voters in September 2013, in order to protect the ‘secrecy of voters’ choice.
THE CASE:
In 2004 the People’s Union for Civil Liberties (PUCL) had approached the apex court seeking directions to the ECI for measures to protect the ‘right to secrecy’ of voters to exercise their franchise.
They argued that the Conduct of Elections Rules, 1961 violated the secrecy aspect as the Presiding Officer (from the ECI) maintains a record of voters who choose not to vote along with the signatures or thumb impressions of each voter who exercises this right.
WHAT HAPPENS IF NOTA RECEIVES HIGHEST VOTES?
NOTA has no legal consequence attached to it — even if the highest number of votes in a seat are polled for NOTA, the second most successful candidate wins.
HAS THIS EVER HAPPENED?
This has never happened (in Lok Sabha elections), but the Indore result, as well as other local body elections, show that it remains a distinct possibility.
Currently, the apex court is considering another petition for elections to be considered “null and void” if NOTA receives the highest number of votes in the constituency.
IF NOTA WINS, REELECTION IS THE NORM (IN SOME STATES)
In Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh as examples of states and union territories where the State Election Commission passed orders declaring NOTA as a “Fictional Electoral Candidate” in local elections (including elections for panchayats and municipal bodies).
If the votes for NOTA exceed the votes received by all other individual candidates, fresh elections will be held in these states and union territories.
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