Overview
- Chief Justice Surya Kant and Justice Joymalya Bagchi asked whether a decade of NOTA has improved the quality of elected representatives.
- The petitions challenge Section 53(2) of the Representation of the People Act, which allows unopposed candidates to be declared elected without any voting, and seek to enable NOTA in such constituencies.
- The bench noted turnout disparities, citing lower participation among educated and affluent voters and stronger voting by economically weaker sections and many women, especially in rural areas.
- The judges said NOTA cannot fill a seat and indicated that making it akin to a candidate would require parliamentary amendment, as Attorney General R. Venkataramani opposed judicially driven changes and called the pleas hypothetical.
- Petitioners represented by Arvind Datar and Prashant Bhushan urged attaching consequences to NOTA and highlighted withdrawals that leave only one candidate, with the matter adjourned for further hearing.