BackCongress protests against NOTA option in Gujarat Rajya Sabha elections
Congress leader Ahmed Patel questions EC's decision to introduce NOTA in the Gujarat Rajya Sabha elections in which he is one of the candidates, alleging that it was done 'post notification'
Premium
New Delhi/Ahmedabad: The option of using NOTA (None Of The Above) in Rajya Sabha polls, which was introduced in 2014, has kicked up a political storm in Gujarat.
The Congress party approached the Election Commission (EC) over the issue on Tuesday, and the controversy resonated in Parliament too with opposition parties criticizing it.
“First Rajya Sabha election was postponed. Second NOTA was permitted post notification. Reasons best known to the Election Commission," senior Congress leader Ahmed Patel, who is among the candidates, posted on Twitter.
A senior EC official however said that NOTA in Rajya Sabha polls has been in effect since 2014, after a Supreme Court order in 2013 made it mandatory in electronic voting machines (EVMs).
People aware of the developments in Gujarat say that a key reason for the return of the NOTA controversy in Gujarat could be the fact that it is for the first time in two decades that a contest will take place in a Rajya Sabha election in the state.
“This is for the first time since 1996 that Rajya Sabha elections are being held. All these years the Rajya Sabha candidates have won uncontested. Also the stakes are very high this time around," said a senior state government official who has worked closely with the EC’s office. He requested anonymity.
Senior Congress leaders including Anand Sharma and Manish Tewari met EC officials on Tuesday and submitted a memorandum claiming that the 2013 judgment allowing the use of NOTA was rendered in the context of direct elections.
“The judgment of the apex court in the PUCL vs. Union of India 2013 (10) SCC 1 had noted that in a direct election voters must be given an opportunity to choose the NOTA button. The judgment was in the context of the general elections," the memorandum said.
“The use of NOTA in indirect election to the Rajya Sabha is contrary to the mandate of Article 80(4) of the Constitution, the provisions of the Representation of the People Act, 1951 and the Conduct of Election Rules, 1961 as also the judgment of the Supreme Court in Kuldip Nayar vs. Union of India (2006) 7 SCC 1," it added.
After a series of defections to the ruling Bharatiya Janata Party, Congress leaders fear that its candidates might cross-vote. NOTA has increased the party’s worries.
“Earlier there were four options for RS voting which were the names of the four candidates. Now with NOTA in place, there will be five options. We have issued a whip and asked our MLAs to only use one option—that is cast a vote in favour of Patel. If an MLA marks NOTA or any other option apart from Patel it will lead to six years of disqualification," Gujarat Congress president Arjun Modhwadia said in an interview.
“Rajya Sabha polls usually go unchallenged. This time however things are different and the stakes are very high, especially for Congress. While the party is trying to keep its flock of MLAs together, it tried to check some leaders who it feared would cross-vote by threatening to take stringent action. Now with NOTA in play, Patel might fall short of the numbers if some of the Congress MLAs opt for this option," said Mumbai-based political analyst Jai Mrug.
The issue also found resonance in the Rajya Sabha where Sharma said the decision had been made without amending the Constitution or the law as per the direction of the Election Commission.
“It vitiates the election... Constitution has not been amended. Representation of People Act has not been amended. How can this be done?" Sharma asked in the Rajya Sabha.
Reacting to the opposition’s protests, Union finance minister Arun Jaitley said: “The judgment came several years before this government came to power. The EC pursuant to that judgment had issued some notification under Article 324. Article 324 covers all election in this country and therefore that’s a circular which they issued, not now, but earlier," he said.
PTI contributed to this story.
Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!
