Right to Reject

Note: Indian election commission rules do not have a provision for the “Right to Reject” or the “None of the above” (NOTA) button on the EVM at the moment. Hon'ble Supreme Court, in its judgement dated 27th September 2013 has directed the Election Commission to make necessary provision in the ballot papers/EVMs and provide a button for 'None of the Above' (NOTA) in EVMs

“Right to Reject” is a provision that empowers the voters to have an option to reject the candidates contesting election. Using this provision the voter can select a button during voting that says “None of the above” (NOTA) and can reject all the candidates in case she/he doesn’t believe in any candidate. The Right to Reject relies on the concept that in a Democracy if the citizens have the right to select the candidates, then they should also have the right to reject the candidates.

So why not just remain absent during voting?

There is a difference in voting for NOTA and remaining absent.

1) The NOTA votes are counted and if the percentage of the NOTA votes are more than the votes secured by any candidate for example, if a total of 1000 votes were cast by the voters, PartyA received 300 votes, PartyB received 200 votes and NOTA received 500 votes then

• repolling can be carried out or 
• repolling can be carried out and the candidates who stood for the first round of voting will be disqualified from contesting in the second round of voting (remember NOTA provision is currently not available in India at the moment)

2) When the voter opts for the NOTA option, her/his name is striked off in the Voter list indicating that she/he has been present. This avoids fake voting on her/his name

Current situation

Rule 49-O of the Conduct of Election Rules says that a voter can exercise the option of voting under Rule 49-O, and it would mean that the voter has not voted for any candidate.This vote would be invalid under the law but it is reflected in the account of votes recorded. The candidate who secures the highest number of valid votes polled, irrespective of the percentage of 49-O votes, is declared elected (winner). Some voters vote under Rule 49-O as a protest vote. There are few civil society groups that have been advocating the inclusion of the “None of the above (NOTA)” button in the EVM(Electronic Voting machine). More information on 49-O can be found here.

Honourable Supreme Court's judgement on the "Right to Reject" dated 27-Sep-2013

1. The Court has directed the Election Commission of India to make necessary provision in the Electronic Voting Machine (EVM) for the 'None of the Above' (NOTA) button in the EVMs 
2. The Court has not yet given any judgement on what should be the scenario in case the NOTA votes are more than 50% of the votes polled. No judgement on whether there will be a repolling or not.

Press Release by the Election Commission of India dated 27-Sep-2013

Supreme Court’s judgement for “None of the Above” option on EVM Hon'ble Supreme Court, in its judgement dated 27th September 2013 in WP (C) No. 161 of 2004, (People's Union for Civil Liberties and another Vs. the Union of India and another) has directed the Election Commission to make necessary provision in the ballot papers/EVMs and provide a button for 'None of the Above' (NOTA) in EVMs so that the voters who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy. In accordance with the order of the Supreme Court "None of the Above" shall be printed in a separate panel on the ballot paper below the name of the last contesting candidate. This ballot paper shall be affixed on the Ballot Unit of the EVM. If the voter presses the button next to "None of the Above" his desire not to vote for any of the candidates in the fray will get recorded in the EVM in secrecy. Commission shall also make appropriate changes in Part-2 of Form 17C used during counting and the result sheet in Form 20 to separately compile the number of persons who used the option not to vote for any of the candidates in the fray. Election Commission of India shall issue detailed instructions to ensure compliance with the order of the Court as expeditiously as possible.

Note Indian election commission rules do not have a provision for the “Right to Reject” or the “None of the above” (NOTA) button on the EVM at the moment.Hon'ble Supreme Court, in its judgement dated 27th September 2013 has directed the Election Commission to make necessary provision in the ballot papers/EVMs and provide a button for 'None of the Above' (NOTA) in EVMs.

Source: Vote INDIA