New Delhi: Supreme Court refuses to stay poll panel's notification allowing NOTA in upcoming RajyaSabha poll in Gujarat. But the Supreme Court, however, agrees to examine constitutional validity of Eleection Commission's notification to give an option of NOTA in elections.
Next hearing is on 13th September.
Center says it has nothing to say on the EC move on NOTA .
However, SC has asked AG to assist the court to decide on the issue of Constitutionality raised by the petitioner.
Advocate appearing for Gujarat Congress Kapil Sibbal argued if NOTA allowed, it will be reciepe of Corruption.
Earlier the Supreme Court had agreed to hear a plea moved by the Gujarat Congress challenging the decision to use None of the Above (NOTA) option in the upcoming Rajya Sabha polls in the state.
A bench headed by Justice Dipak Misra agreed to hear the plea after senior advocate Kapil Sibal mentioned the matter before it and sought urgent hearing.
Sibal told the apex court that there is no statutory provision with regard to NOTA in the Constitution.
As per government officials, the directions to use NOTA in Rajya Sabha elections were enforced in January 2014 after the Supreme Court in 2013 made it mandatory to have NOTA option in EVMs.
Yesterday, the Congress had approached the Election Commission against the use of NOTA option in the upcoming Rajya Sabha elections, claiming it was violative of the Constitution and electoral laws, but the poll panel maintained that it was not a new direction and was introduced in 2014.
Four candidates are in the fray for three Rajya Sabha seats to which the election will take place on August 8.
Apart from BJP president Amit Shah and Union minister Smriti Irani, the ruling party has decided to field Balwantsinh Rajput against the lone Congress candidate, Ahmed Patel.
Prabhakar Mishra, News24Bureau