No second opinion, EC to go ahead with NOTA provision

Sanjeev Pargal
JAMMU, Nov 18: Setting at rest all speculations and demands from various political organisations, the Election Commission has decided to implement the provision of None Of The Above (NOTA) in the upcoming Lok Sabha elections in Jammu and Kashmir at par with the entire country.
“We are going to implement the provision of NOTA in the Lok Sabha elections. We have received the Election Commission directions to this effect. We are making preparations for the general elections taking NOTA button into account,’’ Chief Electoral Officer (CEO), Jammu and Kashmir, Umang Narula told the Excelsior.
He said: “there would be NOTA button in the Electronic Voting Machines (EVMs) to be used for Lok Sabha elections in the State. The Election Commission has taken a decision to this effect and it would be implemented in letter and spirit. There has been the Supreme Court direction that the Election Commission had to provide the button of NOTA to the electorates in the EVMs and we are going to implement it (the direction)’’.
Mr Narula said the Election Commission had started preparations for Lok Sabha elections.
“The summary revision of electoral rolls is on. The rolls would be published in first week of January, which would be first step towards the general elections after which the remaining preparations would start,’’ he added.
On implementation of NOTA in the Assembly elections, the CEO J&K said that stage is yet to come.
“At present, we are busy with preparations of Lok Sabha elections. When the Assembly elections are announced, the Election Commission would take a decision,’’ Mr Narula said.
Reliable sources, however, told the Excelsior that there was no legal provision under which the J&K Government could prevent the Election Commission from using NOTA provision in the Assembly elections as the Election Commission was implementing it on the directions of the Supreme Court of India.
“The jurisdiction of Supreme Court and Election Commission of India is fully applicable on Jammu and Kashmir. Therefore, there was no provision under which the State Government could legally bar the Election Commission from using NOTA provision in the State,’’ sources said.
The Lok Sabha elections are due to be held in April-May 2014 while Assembly elections in the State are scheduled for November-December 2014.
The Apex Court had directed the Election Commission to introduce ‘Right to Reject’ in the form of NOTA in both Lok Sabha and Assembly elections. The NOTA is being used for the first time in Assembly elections of five States including Delhi, Madhya Pradesh, Rajasthan, Chattisgarh and Mizoram.
Under NOTA, the electorates, who didn’t want to vote for any of the candidates contesting election from the constituency, can press the button of NOTA on their EVM. Though the NOTA votes would be treated as invalid, the EVMs would give the total number of votes polled against this symbol indicating number of electorates, who have rejected all the candidates.
Various political parties in Jammu and Kashmir have been demanding ban on use of NOTA provision in the State on the ground that the separatists can misuse it. However, the Election Commission hasn’t found merit in the demand of these political organisations and decided to go ahead with the provision of NOTA in the Lok Sabha elections.
Countrywide, there has been welcome of the judgment of the Apex Court and its implementation by the Election Commission of India on implementation of NOTA provision. Though the provision wouldn’t change the elections results, it would reflect sentiments of the electorates for their candidates.
Sources said the NOTA was indirectly already in place in the elections. “The people who didn’t go to the polling booths to cast their votes reflected their resentment against the candidates. The NOTA was meant to bring such voters to the polling booths,’’ they added.