SC Declines Cong’s Plea To Stay 'NOTA' Option In Rajya Sabha Polls In Gujarat

In a major setback to the Congress party, the Supreme Court on Thursday refused to stay the 'NOTA' option in the Rajya Sabha (RS) election to three seats in Gujarat on a plea by Shailesh Manu Bhai Parmar, Congress chief whip in the state, against the Assembly Secretary's order to include NOTA for the election set to held on August 8.

The court, however, issued notice to the Election Commission (EC) saying it will hear the constitutional issue raised by Parmar on the apex poll panel's decision on NOTA in 2015.

Congress senior leader Ahmed Patel is one of the candidates along with BJP's Amit Shah, Smriti Irani and Balwant Singh Rajput for three seats RS seats.

A bench headed by Justice Dipak Misra questioned the petitioner for approaching the court late since the EC had taken a decision in January 2014 and in November 2015.

"When it suited you, you didn't come to court, but you came to court, when it affected you," the bench observed.

The court also said since the EC's decision pursuant to the apex court's verdict in PUCL case in 2013, NOTA was allowed in several elections and being a conscious political leader, the petitioner should have challenged the EC circular in 2015.

Appearing for Parmar, senior advocate Kapil Sibal argued that "if court doesn't stay the election, it is a recipe for corruption".

Besides Sibal, a battery of senior lawyers - Abhishek Manu Singhvi, Vivek Tankha, Hareen Rawal appeared for Congress party and its leader.

The court even rejected their submissions that their application against the Gujarat Assembly Secretary's August 1 administrative order will be ‘infructuous’.

"We are not going to stay. We will only hear the constitutional issue, "the bench said asking the EC to file its reply by September 13.

The bench also declined to issue notice to Centre saying the "government has no role and the issue was between the petitioner and the EC”.

Attorney General KK Venugopal appeared for the government.

Appearing for the EC, senior advocate Ashok Desai argued that every two years, RS elections are held and so far no one has challenged the decision.