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Blow to Cong: Rajya Sabha poll in Gujarat to have NOTA option, rules SC
Sibal told the apex court that there is no statutory provision with regard to NOTA in the Constitution.
In a major setback to the Congress, the Supreme Court on Thursday refused to stay Election Commission's notification allowing NOTA (None Of The Above) in the upcoming Rajya Sabha election in Gujarat.
SC asked the Gujarat Congress why it was so late in raising the question as EC had issued the notification in Jan 2014.
The apex court however, agreed to examine constitutional validity of Election Commission's notification to give an option of NOTA in elections.
Rajya Sabha poll in Gujarat will be held on August 8.
SC said the result of the upcoming RS poll would be declared as per schedule and sought EC's response on plea filed by Gujarat Congress chief whip S M Parmar.
The Supreme Court on Wednesday had agreed to hear a plea moved by the Gujarat Congress challenging the decision to use None of the Above (NOTA) option in the upcoming Rajya Sabha polls in the state.
A bench headed by Justice Dipak Misra agreed to hear the plea after senior advocate Kapil Sibal mentioned the matter before it and sought urgent hearing.
Sibal told the apex court that there is no statutory provision with regard to NOTA in the Constitution.
The Congress had on Tuesday approached the Election Commission against the use of NOTA option in the upcoming Rajya Sabha elections, claiming it was violative of the Constitution and electoral laws, but the poll panel maintained that it was not a new direction and was introduced in 2014.
