Voting Option ‘Nota’, A Retrograde Step!

The none of the above, NOTA in short is an option made available to the voters of India in all elections right from the Parliament to the local bodies since 2013. ‘NOTA’ connotes expression of a preference for none of the above candidates contesting a particular election.

While directing the Election Commission of India (ECI), the Supreme Court in its 2013 judgment had hoped that by making such an option available to voters, gradually the political parties will be forced to field better candidates. However, the experience of past 20 years since introduction of NOTA option does not show any inclination on the part of the political parties towards reforming the selection process of the candidates. On the other hand, criminals, corrupt elements and anti-national people are increasingly participating in the electoral process and, to say the least, to the misfortune of the country a sizable number of such unworthy candidates are successful in making their way to the temples of democracy. In other words the option of NOTA has remained just a dead wood.

Truly speaking, the very concept of NOTA is retrograde because it cuts the very roots of democracy. In a democracy, the people are supreme. They have a right to elect a person of their choice for whatever reasons they think fit. However, if they are not interested in any candidate, they have a better option of abstaining from the elections. Going to the booth, waiting for the turn to cast the vote and finally pressing the NOTA button is nothing but hypocrisy. The best alternative would be to provide by law a level playing field for all the citizens, irrespective of their education, social status or financial capability. For this, there could be no better option than drastically reducing the geographical limits of constituencies as well as the number of voters. For example, a constituency size could be no longer than of 2km radius and not more than 10,000 voters. In such a situation the expenditure involved on campaigning will come down significantly because most of the desirous candidates would be better known to the population. Therefore, if a barber or a tailor or a cobbler or a milkman wants to contest the elections, thinking that he is popular enough in the constituency, there would not be any deterrent of any kind whatsoever.

Indeed, there is an urgent need for the revolutionary changes in the electoral process so that the elections are held in a level playing manner, with the minimum expenditure from the contesting candidates and affording an opportunity to the voters to select really honest, meritorious and worthy candidates.

In order to avoid unnecessary waste of time, money and energy in frequently conducting elections at the centre, states and local levels, a mechanism can be devised wherein only one election will serve as the basis for electing candidates for all the three levels, namely centre, states and local. Further, some candidates in order of the votes secured by them can be kept as the ‘reserve’ candidates so as to fill up any vacancy on account of death, permanent disablement or any other contingency whatsoever in future, thereby eliminating the need for frequently conducting elections.

In sum, in order to ensure truly a representative democracy, the need of the hour is to overhaul the entire system of conducting elections. The sooner that is done, better it will be for the future of our generations.

Sc Grants Interim Bail To Delhi Cm

After prolonged arguments, the bench of the Supreme Court comprising Justice Sanjiv Khanna and Justice Deepankar Datta granted interim bail to the Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi Liquor policy case, till June 1. The court, however, restrained him from entering into the secretariat and signing any file unless it was inevitable.

The bench noted that while the liquor policy case was registered in August 2022, Kejriwal was arrested only in March 2024 and has been under judicial custody since then.

Bombay Hc Fastens Duty On Civic Body For Drinking Water

In a case entitled Gorai Village Welfare Association v/s Brihan Mumbai Municipal Corporation (BMC), a bench of Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor ordered the BMC to provide potable drinking water to the plaintiff village.

Presently, Gorai Village area having population of about 2,000 people is experiencing shortage of water on account of the construction of a suction tank and pump in the region. These areas are getting 4 tankers every day. The bench opined that the quantity of water being provided is not sufficient. Therefore, it directed BMC to ensure the supply of 10 tankers of potable water every day. The court observed that the civic body had duty towards its citizens, constitutionally and statutorily to make available the basic amenities including potable water.

Verdict In Dabholkar Murder Case

The much-awaited judgment in the murder of rationalist Narendra Dabholkar was delivered by the Sessions court of Pune on May 10. The Sessions court convicted two accused namely, Sachin Andure and Sharad Kalaskar. Both of them have been sentenced to life imprisonment along with penalty of Rs. 5 lakh. Three other accused namely, Dr. Virendra Singh Tawde, Sanjeev Punalekar and Vikram Bhave for want of evidence were acquitted.

Dabholkar, founder of Maharashtra Andhashraddha Nirmoolan Samithi was shot dead during a morning walk in Pune in 2013.

Some Youtube Channels Are A Menace To Society: Madras Hc

Justice K Kumaresh Babu of the Madras High Court in course of hearing an anticipatory bail petition filed by G Felix and Gerald of the RedPix YouTube channel observed that some of the YouTube channels were turning out to be a ‘menace’ to the society and added that the government must step in to control these undesirable activities.

“Don’t Fold Your Hands”: Gujarat Hc

In a gesture of holding the dignity of legal profession, the Gujarat High Court Chief Justice Sunita Agarwal on May 7 reminded an advocate who was arguing before her with folded hands that a lawyer need not argue a matter with folded hands.

‘Don’t fold your hands Mr. Counsel. You are an advocate, listen to me and keep it in mind. Advocates are not supposed to fold the hands in court, they are supposed to agitate the rights of the parties,’ the Chief Justice said.

With this gesture, the Chief Justice of Gujarat has signalled to the whole judiciary in the country that the advocates are not the beggars for justice before a court but they are dignified officers of the court protecting the rights of litigant public.

Bai Delegation Visits Cambodia

An 18-member delegation of the Bar Association of India (BAI) visited the kingdom of Cambodia from May 9-10 and participated in the inaugural ceremony of the Bar Association of the Kingdom of Cambodia (BAKC) which was also the host of the international conference on legal aid held at Phnom Penh.

The delegation was led by Prashant Kumar, President, BAI. Law Asia President Shyam Divan, Dr J P Gupta, Dr Kamlesh P Joshipura, Yakesh Anand, Dr Uday Prakash Warunjikar and Nitin G Thakker, President Bombay Bar Association and others were among the delegates.