none of the above and right to reject

1. RIGHT TO REJECT
&
NONE OF THE ABOVE
BY:-Shree Krishna Pareek
B.A LLB(2)
AJEENKYA DY PATIL UNIVERSITY (PUNE)

2. INTRODUCTION
The Election Commission gave an option to the voters of ‘None Of The
Aabove’ (NOTA) on the electronic voting machines (EVMs) and ballot
papers, which can be used by them to reject all candidates contesting
the polls.
So far, people casting negative votes were required to enter their
names in a register and cast their vote on a separate paper ballot.
Now, the secrecy of votes would be maintained.

3. NEED FOR NOTA
Section 49(O) - Violation of the constitutional provisions
guaranteed under
Article 19(1)(a) (Freedom of Speech and Expression)
Article 21 (Right to Liberty)
Concept of secret ballot.

4. JUDGEMENT
Path-breaking verdict by the bench headed by Chief Justice P
Sadasivam.
Introduced the concept of negative voting in the election
process.
Made NOTA available on the electronic voting machine
(EVMs).
Further empowered the voters in exercising their franchise.

5. PROCEDURES TO BE FOLLOWED
'NOTA' shall be printed in a separate panel on the ballot paper below the
name of the last contesting candidate.
This ballot paper shall be affixed on the ballot unit of the EVM.
If the voter presses the button next to NOTA, his desire not to vote for
any of the candidates in the fray will get recorded in the EVM in secrecy
Commission shall also make appropriate changes in Part-2 of Form 17C used
during counting and the result sheet in Form 20 to separately compile the
number of persons who used the option not to vote for any of the candidates
in the fray,

6. EVOLUTION OF NOTA
PIL filed by PUCL (People’s Union for Civil Liberties)
Till now, according to Conduct of Elections Rules, 1961 rule
49-O,
Secrecy of the ballot violated, the voter has to inform the
presiding officer .
An entry is made against his name in the voters list.
Such voters in danger of being victimized by some candidates
or political parties.

7. OBJECTIVES
Principal motives behind NOTA and Right to Reject
The right to participate in the electoral process without
feeling compelled to vote for a candidate or party they do
not support, for lack of an alternative option.
Affords each and every voter the right to register
"negative vote" against all candidates standing for election in
a particular constituency.

8. DIFFERENCE BETWEEN NOTA
AND
RIGHT TO REJECT
NOTA, not the same as "right-to-reject“.
If the majority of voters opt for "none of the above" option, no candidate
will be declared the winner and a fresh election will be called.
If the NOTA wins more votes than the candidates running for office, the
contestant with the greatest number of votes will still be counted as the
victor.
NOTA - A disappointment to many good government campaigners as it will
not have a substantial impact on "cleaning up" political outcomes.

9. IMPACT OF NOTA ON POLITICIANS
Zero impact on the quality of politicians selected by parties for these state
elections.
The number of candidates with criminal records higher in 2013 than in the past
election in 2008.
Zero impact on the quality of politicians selected by parties for these state
elections.
In the state of Rajasthan, an analysis by the Association for Democratic
Reforms (ADR) has shown that 15 percent of major party candidates in 2008
faced criminal cases; in 2013, the number remains 15 percent. However, the
number of candidates with "serious" cases has gone up in 2013.

10. IMPACT OF NOTA ON VOTERS
Small impact.
Many voters are not aware of the option.
Hasn't been much time for authorities and civic activists to
inform nearly 800 million Indian voters.
NOTA is their own personal form of protest.

11. RECOMMENDATIONS
The candidate once rejected shouldn’t be allowed to contest
elections for a particular period of time.
Though each and every candidate has the right to contest
elections, but the reason of rejection of candidate should be
understood.
The leader from a particular constituency has not done the job
as per the expectations, then only people are forced to use
their right to reject as their option for that candidate.
To the extent voters do become informed, it might help increase
the turnout in the upcoming national elections.

12. To find ways to make people aware about their right to reject
option, like in rural areas people have their right to reject in EVM,
but hey don’t know what it is exactly.
If these recommendations are followed, then surely
there are chances of getting a better future of our nation at least
in Politics which would definitely increase the chances to improve
other spheres in which India is lagging behind.