NOTA Applies In Case Of "Contest Of Election", Not Where There Is Only Single Candidate In Fray: AP HC [Read Order]

The Andhra Pradesh High Court last week observed that the option of NOTA cannot be made available when there is a single candidate contesting in the elections, and the candidate shall be declared as unanimously elected. Chief Justice J. K. Maheshwari and Justice B. Krishna Mohan were hearing a PIL to declare the action of the State Election Commission in not conducting any election to a post in a local governing body where there is only a single candidate in the fray in any territorial constituency, thereby depriving the electors of their right to vote in the form of NOTA against such single candidate, as being violative of the Fundamental, Constitutional and other statutory rights of electors. The plea placed reliance on section 35 A inserted in the Andhra Pradesh Panchayat Raj Rules, 2006 by the 2018 Amendment, which reads as under: "Notwithstanding anything contained in these Rules, in the Postal Ballot Papers and in the Ballot papers used for conduct of poll at polling stations with Ballot Boxes or Electronic Voting Machines, provision shall be made for 'None of the Above' option for the benefit of those electors who may wish to exercise their option of not voting to any of the candidates in the fray. Looking to the "legislative intent", the Court noted that in cases where candidates have been "declared uncontested", NOTA does not apply, because that option may be permitted to be exercised only "on contest of election".