Opposition MPs protest in the Rajya Sabha on Tuesday. PTI
THE Election Commission came under fire from Opposition parties in the Rajya Sabha on Tuesday over its notification that provides MLAs the NOTA option in elections for the Upper House. Leader of Opposition Ghulam Nabi Azad said the decision amounted to a provision of “rigging” having been introduced, while the Deputy Leader of the Congress, Anand Sharma, questioned the very authority of the EC to introduce the measure without a Constitutional amendment.
Leader of the House Arun Jaitley, significantly, conceded that “there may be some substance” in Sharma’s observation, but added that Parliament cannot alter the procedure and that the issue can only be raised before either the EC or the Supreme Court.
Members from other Opposition parties including the Trinamool Congress, CPI-M, SP and the BSP backed the Congress’ contentions and the House was adjourned twice on the issue.
“It is very serious. It has been notified only for Gujarat. Earlier only in Jammu and Kashmir there used to be two Constitutions. Now, Gujarat has also joined the list of states where two Constitutions are in practice,” Azad said sarcastically.
The Rajya Sabha elections have turned into a high-stakes battle in Gujarat, with political heavyweights like BJP chief Amit Shah, HRD minister Smriti Irani and veteran Congressman Ahmed Patel in the fray. The Congress is bracing for a tough fight as six of its MLAs have deserted the party, muddling Patel’s re-election.
Raising the NOTA issue, Sharma said that Rajya Sabha elections are covered under the single transferable vote and preferential system of voting as is the case in the election for President and Vice President for which there is no NOTA provision. Wondering how the EC introduced the provision without looking into this aspect, Sharma asked, “Is the Election Commission beyond the Constitution?”
Accusing the EC of “exceeding” its powers, Sharma said the decision had come about without the Constitution being amended.
As members of other Opposition parties joined the chorus, Leader of the House, Arun Jaitley, reminded them that there was a Supreme Court judgment, which allows a NOTA option. He said the decision had come many years before the Modi government assumed power and that the EC only issued a circular now.
“Now, if somebody is aggrieved with that circular, he has other options. How is the Question Hour of the Rajya Sabha concerned with it? The only authority which can set aside the order of the Election Commission is the court. The forum to raise it is either the EC or the court,” he said.
Satish Chandra Mishra of BSP argued that with the rules not proper, the election of three members to the Upper House may get cancelled later if challenged.
