Urban body polls: Activists question SEC’s integrity as NOTA 'vanishes'
With political parties in Tamil Nadu in the last leg of campaigning for the urban local body polls slated for February 19, the omission of NOTA (None of The Above) option in the electronic voting machines (EVM) issued by the state election commission (SEC), has kicked up a row. Activists working towards creating awareness on local body governance have alleged that the decision of the SEC to not include NOTA in the EVM poses a big question on its “independent functioning”.
In a complaint addressed to Tamil Nadu State Election Commissioner V Palanikumar, Chennai-based NGO Arappor Iyakkam has said that the non-inclusion of NOTA in urban local body polls is a violation of fundamental rights.
“When the Supreme Court delivered its judgement on NOTA in 2004, it clearly said that the right to vote also includes the right not to vote, i.e. the right to reject. Right to reject implies that a voter while voting has every right not to opt for any of the candidates during an election. Such a right implies a choice to remain neutral. This may happen when a voter feels that none of the candidates in a candidacy deserves to be elected. It happens by the way of his choice, belief, thinking and expression. Right to reject has its genesis in freedom of speech and expression,” the complaint said.
History of EVMs in urban local body polls
The NOTA option was introduced in the EVMs in 2013. Local body elections in the state were last conducted in 2011. While the traditional paper ballots were used for rural posts, the EVMs were used for urban posts. This was because, in rural bodies, the voters have to cast four votes to elect panchayat president, panchayat ward member, panchayat union councillor and district panchayat ward member. Tamil Nadu was the second state after Maharashtra to use EVMs for electing members to urban bodies.
Though the EVMs then didn’t have the option of NOTA, voters had the right to decide not to vote. It was facilitated through Form-17A. But considering that the use of paper mode to express a voter’s decision to not vote would create an embarrassment and lack of secrecy, the Election Commission of India brought the NOTA option in EVMs. The option, however, was made mandatory only in Lok Sabha and Assembly elections.
In the 2019 rural local body elections, the ballot papers in four different colours were used. This is the first time that the urban local body polls are being conducted separately and though the SEC is using EVMs, the omission of NOTA option has created a furore among the civil society members.
Lessons from other states
“It must be noted that in states like Maharashtra, NOTA has been given power in true spirits wherein, if NOTA wins an election, then a re-election will be held immediately thereafter. Haryana went one step further and said that all those securing votes under NOTA are not eligible to re-contest. Recently, Odisha SEC has used its powers under Article 243 ZA of the Constitution and included NOTA in EVMs. The elections cannot be called free and fair if NOTA is not included as it denies the citizens their right to express freely,” the complaint added.
Jayaram Venkatesan, convenor, Arappor Iyakkam said that only through a NOTA button in EVM, the right to reject as well as right to secrecy can be maintained.
“Even if it requires postponing the election for a week to make such an inclusion, it should be done in order to conduct the local body election in a free and fair manner,” he said.
‘Omission of NOTA not illegal’
Talking to The Federal former IAS officer MG Devasahayam, also the convenor of Forum for Electoral Integrity said that having NOTA in the EVM is not mandatory and its omission is not illegal.
“One can question the independence of the SEC if it has removed NOTA in EVMs, which was used in the past local body elections. But that is not the case here. NOTA was brought to ease the process of expressing one’s decision to not to vote. It is used purely for facilitation. It is not mandatory,” he said.
According to him, while NOTA is a recent feature, the right of voters to not vote for anyone has been existent even before that, in the form of 49-O. As per the Conduct of Elections Rules, 1961, rule 49-O says, “If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form-17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.”
Though the SEC has the powers to conduct local body elections, it is debatable whether it has the right to omit the option of NOTA in the EVMs in urban local body polls, said S Nandakumar, general secretary, Thannatchi, an organisation creating awareness on Panchayat Raj.
While Palanikumar was unreachable for comments on the issue, officials from SEC told The Federal that since the option has not been used in EVMs in the local body elections till now, and the Supreme Court judgment has also directed them to adopt the necessary changes in a piecemeal manner, it takes time to incorporate this change.
“Till now we got EVMs from the ECI. But now we are asked to purchase them on our own, since we have single and multiple choice buttons for rural and urban local body polls. Only then we can have NOTA as an option. As far as this election is concerned, there would be no NOTA in the EVMs,” the official said.
