The Karnataka High Court on Wednesday refused to give direction at this stage for inclusion of none of the above (NOTA) button in the electronic voting machines (EVMs) to be used in the civic elections on August 22.
Observing that the elections are being held after a long legal battle, a Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna said that it cannot issue such a direction to the State Election Commission (SEC) at this stage.
While dismissing a PIL petition, filed by city-based advocate N.P. Amrutesh, the Bench said that the plea cannot be granted due to a delay on the part of the petitioner in approaching the court. However, the Bench observed that “it is best known to the SEC as to why no provision has been made for exercising NOTA in the EVMs despite there being a direction from the Supreme Court.
Counsel for the petitioner claimed that non-availability of NOTA provision in the EVMs came to the notice of the public only recently.
Counsel for the SEC pointed out that the petitioner has given representation for inclusion of NOTA in the EVMs at the last minute. Also, there is a separate provision for registering NOTA in a form, as per Rule 70-O of the Karnataka Municipal Corporations (Elections) Rules, 1979.
Counsel for the petitioner argued that the apex court had held that maintaining NOTA in a written form would violate “secrecy” of the ballot, as it would disclose the identity of the voters who recorded NOTA. Hence, the apex court had directed election commissions across the country to provide NOTA facility in EVMs.
