The Hindu : Tamil Nadu News : Include `none-of-the-above' option in EVM: PIL

Online edition of India's National Newspaper
Wednesday, Apr 14, 2004

Tamil Nadu

Tamil Nadu

Include `none-of-the-above' option in EVM: PIL

By Our Staff Reporter

CHENNAI, APRIL 13. A Chennai-based service organisation has moved the Madras High Court for inclusion of a `none-of-the-above candidates' option in the electronic voting machine for the coming elections.

The public interest litigation petition, filed by the Catalyst Trust, said the Election Commission (EC) having wide powers must be directed to include the option ``to enable the voter to reject all candidates if he deems them unfit or undeserving of his vote.''

Citing Supreme Court rulings with observations that freedom of expression of a voter came with the auxiliary and complementary right to secure and receive information about the candidate, the petition, filed by A.K. Venkatasubramaniam, trustee, said, ``the entire exercise would be rendered futile if the voters were not given the freedom to voice their opinion fully on all the candidates, and reject all of them if deemed unworthy of their vote... A well-informed citizen, if he decides that none of the candidates is worthy of his vote must have a right to express and record his vote against all the candidates.''

As of now, Rule 49(O) of the Conduct of Election Rules 1961 allows a voter to register his presence at the polling booth, when he does not like to vote. It, however, does not allow him to record his vote against all candidates.

Mr. Venkatarasubramaniam, relying on media reports, said the Centre was yet to decide on a communication from the EC about the inclusion of the non-of-the-above option. ``The Commission has been vested with wide powers under Article 324 of the Constitution for the fair conduct of elections, and it is not necessary for it to await directions from the Centre.''

The Trust, which contends that voter apathy is the root cause of deteriorating standards in public life, said, ``owing to falling standards of public life and the calibre of candidates fielded by political parties, a large part of the electorate chooses to remain indoors on the polling day rather than cast its vote in favour of any undesirable candidate. It gives ample scope for misuse of votes and fraudulent voting. The inclusion of the none-of-the-above option would enable the electorate to freely exercise its freedom of voting and to register its votes and not remain indifferent bystanders to the democratic process.''

While recognising and enforcing a voter's right to receive relevant information about the candidates, his right to act upon such information and decide that none of the candidates merited his vote must also be recognised and implemented, the petitioner stated.

He also sought a direction to the EC to instruct all its personnel in booths to provide the facility enumerated in Rule 49(O) to those voters who exercised such an option.

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