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Congress chief whip Shailesh Manubhai Parmar has challenged the Election Commission’s notification dated: 1 August by filing a writ petition before Hon’ble Supreme Court, as per the notification, option of NOTA i.e. None of the Above will be introduced to the voting in this year Rajya Sabha’s election.
Petition states that the Election Commission’s notification violates of Article 80 (4) of the Indian Constitution, the Representation of People’s Act 1951, the Conduct of Election Rules 1961, and Predecents set by Supreme Court in its two decisions as according to the decisions, “NOTA cannot be made applicable in the indirect elections like that to the Rajya Sabha, it can only be applied to direct and general elections and members of respective parties duty bound to vote as per direction of the party to which they are affiliated.”
Petitioner contends that work of Election Commission is to ensure free and fair elections not to issue the notification which byepasses the constitution mandate, statutes and precedents, issuing such notification amounts to grave travesty.