27 September 2013

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SC orders Election Commission Give voters option none of the above Right to Reject

SC  orders Election Commission Give voters option none of the above Right to Reject election 2014


The system of negative vote in available in 13 countries. 

The People’s Union for Civil Liberties (PUCL) had moved the SC court in 2004 with a plea that voters should have a right to negative vote, saying that it does not want to vote any of the candidates listed in EVM.

It had sought directions to Election Commission (EC) to make provision in the EVMs providing option “None of the above” and the right to say NOTA should be kept secret.

The Supreme Court directed the Election Commission to provide a 'none of the above' button in EVMs for voters to reject candidates contesting elections.

Supreme Court of India said following
If the right to vote is statutory right, then the right to reject candidate is fundamental right of speech and expression under Constitution
Negative voting would lead to systemic change in polls and political parties will be forced to project clean candidates:

After this order it is expected that Election commission of India will give the India voters an option none of the above in elections which will be held after few months that is Elections 2014

It is possible that this order will be implemented from the next Assembly polls in five states - Delhi, Rajasthan, Madhya Pradesh, Chhattisgarh, Mizoram - scheduled to be held later in 2013.

One more historical Judgement by SC

First time now, Indian citizens will get power to say none of the above and tell the political parties everyone listed in the candidate list is a Gunda or Thief
We want clean and good leaders.

The SC asked the Election Commission to provide
None of the above (NOTA) button on EVMs and ballot papers.

Now this option will become game changer as if you do not like any one from voting list displayed on EVM, just press the button
None of the above

The SC directed the EC to start implementing NOTA button on EVMs forthwith in a phased manner and asked the Centre to render all assistance.

Government is not favor in this order and they will try to see that Election Commission of India will delay the implementation.

Anyone who says No this option is a thief or uneducated Politician

Do not vote for the party, which says and opposes this option.

Why this order is historical and important for India?

The Supreme Court has made it clear that right to secrecy at the ballot is a fundamental right of every citizen.

SC order provides secrecy to the voter who wants to exercise his/her right under Rule 49 O

Currently if any Indian wants to vote choosing option, none of the above
Following happens
The person has to register his name
Everyone present in the room will know this
If he is not ready to fight with election officers, he may not be allowed to exercise that right
No secrecy is maintained
If someone wants, to exercise his/her rights under 49 O, everyone present at the polling station gets to know that he or she is exercising that right.

Above vote is wasted and its waste of time of everyone why?

Suppose there are 101 Voters
100 voters go and choose option none of the above
1 voter goes and votes 
In this case, the candidate who got that 1 vote is declared as a winner in that election

Now this option none of the above will be provided on EVM machine
What will happen?
Secrecy will be maintained and voters will use that option without any fear

Next step in election reforms

Any candidate, to be elected, should get at least 51 per cent of the votes. In the event of a majority of voters using the 'none of the above' option provided by the EVM, there is a need to call for a fresh election.

Indian law is silent about what will happen if none of the above gets majority votes.
It gets 51% votes

Election will it be cancelled and new election will be held
What will happen?

Regarding this lets hope Soon Supreme Court of India will clarify the position what will happen?

Suggested Reading –

26 Election Reforms Required for India to make India corruption free India

21 Reforms required to Speed up the Indian Justice System

Reality views by sm

Friday, September 27, 2013

Tags – Elections Reform