The Gujarat High Court on Friday directed the State Election Commission (SEC) to allow None of The above (NOTA) option to the voters during the elections of
local self Government bodies slated to be held
next month.
A division Bench comprising Acting Chief Justice Jayant Patel and Justice NV Anjaria accepted the appeal and directed the SEC to make NOTA option available for the voters during the local body polls to be held in
two phases on November 22 and 29.
The Bench has also directed the SEC to modify its notification in order to include the option of NOTA in the electronic voting machines (EVMs). The counting of votes would be held on December 2.
“NOTA being a part of compulsory voting regime won’t be available during the polls owing to the earlier ban of the High Court” argued SEC commissioner Varesh Sinha. In the counter argument, the petitioner put forth the apex court’s order to provide NOTA option to all the electors across the country.
A petition filed by social activist and lawyer KR Koshti seeking modification on the High Court’s order which stayed the compulsory voting, a legislation brought in the local bodies elections by the State Government. The petitioner has sought implementation of NOTA option from the electronic voting machine (EVM) through the modification since this option was removed by the State Government through a notification on October 23.
“It prima-facie appears that obligation so created by Gujarat Act No 21 of 2014 bringing about the amendment under Bombay Provincial Municipal Corporation Act, Gujarat Municipalities Act and Gujarat Panchayats Act may run counter to the basic principles of entitlement on right of the voters to vote”, said
the court on August 8 this year while staying the State legislation.
Six Municipal Corporations including Ahmedabad, Surat, Rajkot, Vadodara, Jamnagar and Bhavnagar on November. Polls for the 31 district panchayats, 230 taluka (tehsil) panchayats and 56 municipalities are to be held on November 29. Total as many as 323 local self Government bodies are going for the elections which have been seen as litmus test for the Gujarat Chief Minister Anandiben Patel.
