A Public Litigation looking for directions to the Election Commission to nullify the election results and orders to hold fresh polls if NOTA has secured maximum votes in a particular constituency has been filed in the Supreme Court. The plea was filed by BJP leader and advocate Ashwini Kumar Upadhyay. It also sought directions to restrict the participants of the nullified election from contesting in the fresh election. 

"The Court may declare that if 'none of the above' (NOTA) gets maximum votes, then election to that constituency shall be nullified and a fresh election shall be held within six months; and the contesting candidates rejected in the nullified elections, shall not be allowed to participate in the fresh election," the plea filed through advocate Ashwani Kumar Dubey said. The petition expressed its view that the political parties choose contesting candidates without consulting electors, undemocratic manner, that is why, many times people in the constituency are totally against the candidates presented before them.

A fresh election if maximum votes are polled in favour of NOTA and prohibiting the participants of nullified elections to contest again will solve the problem. "Right to reject and elect new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background of the contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate," the plea said. "The injury caused to public is extremely large and continue till date, as the right to reject is an integral part of Article 19, but the Centre and ECI did nothing to declare the election result invalid and hold fresh election if maximum votes are polled in favour of NOTA," it added.  

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