Congress levelling false allegations on BJP over NOTA: RS Prasad

Rajya Sabha polls will have the Nota option: SC rejects Congress plea

Rajya Sabha polls will have the Nota option: SC rejects Congress plea

Congress leader in LS Mallikarjun Kharge told reporters that I-T raids were motivated because the raiding party went with paramilitary forces to the resort where Gujarat MLAs are staying.

"You can not say that you remained dormant in all this time". The Supreme Court has in the past held that open ballot votes in Rajya Sabha elections against the whip will not lead to disqualification as the Tenth Schedule, pertaining to anti-defection provisions, has a different goal.

Patel, a trusted aide of Congress President Sonia Gandhi, incidentally, has been pitted against former party colleague Balwantsinh Rajput, who is among three Congress MLAs who joined the BJP last month.

The Election Commission had on Tuesday said that Gujarat MLAs will have the Nota provision in the upcoming Rajya Sabha polls. "The circulars clearly said they will be applied as and when elections take place", said the bench, also comprising Justices Amitav Roy and A.M. Kanwilkar.

"If you don't stay the notification on NOTA, it will let people purchase votes", Sibal contended.

The party argued that since there was no secrecy for the voting in the election, the option of NOTA would not be of much use and therefore, the party demands that the direction for using NOTA option in the election for Rajya Sabha in the state of Gujarat be withdrawn with immediate effect.

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"Notification by the EC is not state specific".

It fears that many of its MLAs may vote for the NOTA option during the polls spoiling the chances of Patel. He quipped that Sibal and Tankha, both RS MPs, got elected through ballot papers having NOTA.

A three-judge bench headed by Justice Dipak Misra rejected the Congress petition and said, "The use of Nota in ballot papers was first declared by the Election Commission in its circular in January 2014 and this was followed by another circular in November 2015". It had claimed that the option was violative of the Constitution and electoral laws.

"The Election Commission can not by executive instructions/circulars seek to override the express provisions of the Act and the Rules".

"Despite being the constitutional watch dog for ensuring free and fair elections, the EC has become a tool in the hands of the ruling dispensation to facilitate violation of the provisions of the Constitution, the provisions of the Act and the Rules", it added.

The BJP also met the Election Commission over the removal of NOTA or "None of the Above" option for voters in the Rajya Sabha elections.

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