Role Of NOTA In Lok Sabha Polls 2019

By T N Raghunatha

Did you know as many as 60,02, 942 voters across the country used the ‘None of The Above’ (NOTA) option in the 2014 Lok Sabha polls. The voters accounted for 1.08 per cent of 55.42 crore electors who exercised their right.

Were you aware that in the 2017 Gujarat Assembly Elections, NOTA came third – after the BJP and Congress – in terms of percentage of votes polled in 118 constituencies? As many as 5,51,615 voters ( 1.8 per cent of total voters) preferred over the various political party and Independent candidates contesting the polls.

Did you know that the percentage of voters who used NOTA option ranged from 0.5 per cent to 2 per cent of total who cast their votes in the Assembly polls in five states –Telangana, Madhya Pradesh, Rajasthan, Chhattisgarh and Mizoram – held last year?

Six years after it was introduced in Assembly elections in four states –Chhatisgarh, Mizoram, Rajasthan and Madhya Pradesh, NOTA is being increasingly accepted as an option by the voters across the elections. Like in the previous elections, activists have been campaigning for the voters using NOTA option to express their displeasure against the quality of contesting candidates and on the issues of corruption and lack of fulfilment of promises by the elected representatives concerned.

An analysis of the statistics NOTA statistics of 2014 Lok Sabha polls put out by the Election Commission of India in 35 states and union territories revealed that the percentage of voters expressing dissent against all the contestants ranged from 0.42 per cent to 3.01 per cent in Puducherry. Apart from Union territory of Puducherry, the states of Meghalaya (2.80), Chattisgarh (1.83), Gujarat (1.76), Odisha (1.54), the Union Territory of Daman & Diu (1.51), Mizoram (1.49), Jharkhand (1.47), Tamil Nadu (1.43) and Sikkim (1.40). Interestingly, then united Andhra Pradesh recorded 0.70 per cent of NOTA.

NOTA was introduced in India in the 2013 Assembly elections in four states --Chhattisgarh, Mizoram, Rajasthan and Madhya Pradesh and the erstwhile Union Territory of Delhi, following the Supreme Court directive in the People’s Union for Civil Liberties v. Union of India judgment. In the process, India became the 14th country to institute negative voting. However, NOTA in India does not provide for a ‘right to reject’. The candidate with the maximum votes wins the election irrespective of the number of NOTA votes polled.

In its landmark judgement in the People’s Union for Civil Liberties v. Union of India case, the Supreme Court had said: “We direct the Election Commission to provide necessary provision in the ballot papers/EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy."

The Supreme Court had also observed that it is essential that people of high moral and ethical values are chosen as people's representatives for proper governance of the country, and NOTA button can compel political parties to nominate a sound candidate.

In 2004, the People's Union for Civil Liberties (PUCL) had moved the Apex Court with a plea that voters should have a right to negative vote. It had sought directions to Election Commission (EC) to make provision in the EVMs providing option "None of the Above" and the right to say NOTA should be kept secret.

In the Assembly held soon after the introduction of NOTA, Delhi polled a mere 0.40 per cent negative votes, while Bihar saw 2.49 per cent of NOTA votes, which remains the highest NOTA votes polled so far in any State in Assembly elections. (Union Territory of Puducherry polled 3.01 per cent of NOTA in the 2014 Lok Sabha polls).

Ever since the introduction of NOTA in the 2014 Assembly polls, activists have being campaigning for the increased use of NOTA by voters to express their dissent against the candidates and the political parties.

“I vouch for NOTA because the entire political system has become corrupt and most political leaders and parties are more loyal and committed to lobbyists of various fields than dedicated to the common voter, whose daily life depends on their governance. As elections draw near, political parties remember to build big dreams for the common man, through glossy manifestos. They indulge in an outrageous war of words and try to woo the voter, hook or crook through shrilly abuses. Then, for the next five years forget about their responsibility for which they use taxpayers' money,” Pune-based senior journalist and RTI activist Vinita Deshmukh says.

Vinita, who has been crusading for increased use of NOTA as an option by voters, points out: “Your MP, MLA or Corporator rarely has a good track record of his performance. The only interest being, to increase his or her personal assets. If my Neta is indulging in acts of vested interest and does not care for me, I would not like to vote for him. In the absence of the NOTA option, we were forced to vote for the lesser evil. NOTA helps me to do my duty of voting and at the same time send a message that I, the voter is rejecting each one of you”.

“In the 2018 Assembly elections, NOTA was used extensively and probably it will be used in the 2019 Lok Sabha elections too. I feel if there is genuinely a good candidate in the fray, do vote for him or her but otherwise, it is high time that we start using NOTA although it does not impact the winner and at the same time push for empowering NOTA for dismissal of the winning candidate in case it garner more votes than any other political candidate in the fray,” Vinita adds.

Though NOTA is seen as coming of the age of a maturing democracy like ours, it is considered by many "waste of vote" and mere “symbolic instrument” to voice dissent against candidates, political parties and system.

Even before the introduction of NOTA, we had people in villages, communities and localities boycotting the polls in protest against the local state government or civil body for their failure to either take care of their needs or meet their various demands for years on end.

Senior business journalist and author Sucheta Dalal, who is also crusading for NOTA option, launched a petition “Give Teeth to NOTA: We Want Good Political Candidates” to Sunil Arora, Chief Election Commissioner of India. The petition has already elicited support from 11,000 people.

In her petition, Sucheta states: “Many people who are frustrated at the lack of options, but consider NOTA a waste of their vote. A decision to call for a re-poll when NOTA scores the highest, will give empower citizens and force political parties to think”

“More importantly, this decision may not be even tested. Political parties are smart and know how to win elections. If they realise that their usual tricks (dummy candidates, multiple candidates, freebies and other inducements) will not work, they will ensure that they choose candidates with a record of good public service and not the ones who can spend the most public money”.

“Please give teeth to NOTA by calling for a re-poll when NOTA polls the highest votes. It is your decision and one that will lead to a historical change,” Sucheta urged the CEC.

Sucheta has a case in point because that in 12 of the 22 constituencies where NOTA won more votes than the victory margin in the 2018 elections, the BJP candidates lost, which reflected the dissatisfaction of the voters in MP with BJP.

Similarly, In the 2014 Lok Sabha Elections, 2G scam accused MP - A Raja (DMK candidate) - lost to the AIADMK candidate, while NOTA emerged with the third largest vote share, possibly as an expression of public anger towards corrupt candidates.

If the authorities are empowered with power order re-poll in the event of NOTA won securing more votes than the victory margin, NOTA can play a very effective role in the polls.

Also Read: Election Commission Media Advisory On Exit Polls