If maximum number of NOTA votes are polled in a constituency, there should be re-election and there should be right to recall.
Satbir Singh Bedi | 04 Oct 2013

Right to reject all the candidates standing in an election in a Constituency has been conferred on the registered voters under Section 49-o of the Constitution.

 However, there was no provision in the ballot papers or the EVMs for recording the right to reject all the candidates secretly and one had to sign in an open register for this purpose till now.  However, now the Hon'ble Supreme Court has ruled that there should be a symbol in the ballot papers or a button in the EVMs indicating the None of the Above (NOTA) Candidates option. However, present arrangements are that these NOTA votes would not count towards the result and any candidate receiving maximum number of votes out of the total number of votes polled minus NOTA votes, would get elected.  However, this is not fair.  If the maximum number of NOTA votes are cast in a constituency then there should be a re-election in which none of the rejected candidates should be able to stand.  Only that would really reflect the will of the people.


Of course, there would be expenditure on re-election but it will not be that much as is caused by corruption through various scams.  To ensure clean administration, it must be ensured that People's will is reflected truly and faithfully.  Moreover, there should be a right to recall provision because a successful candidate is elected for a period of five years which is quite a long period and supposing he is not performing well or has lost trust of the voters of his constituency then he should be recalled and a fresh election should be held.  For this purpose, if a petition is submitted by a number registered voters in a Constituency which is more than the margin by which the successful candidate had won his seat and got elected then the elected member may be recalled and a fresh election may be held to elect a fresh candidate in his place.