‘No’ Vote in JS Polls
HC issues rule for change in RPO
Govt, EC given 2 weeks to reply
The High Court has asked the government and the Election Commission to explain in two weeks why they shouldn’t be directed to amend the Representation of the People Order to restore a provision of “no” vote in parliamentary elections. The HC ruling came yesterday following a writ petition by two Supreme Court lawyers, who sought the court’s directive to reintroduce the option of negative voting.
The provision was introduced before the 2008 parliamentary polls, allowing voters to exercise negative voting and reject all candidates in their constituencies.
The last caretaker government introduced the provision by amending the RPO through an ordinance in line with the proposals of the then EC.
The provision empowered the EC to hold re-election in a constituency where more than half of the voters rejected all candidates.
Despite strong opposition from major political parties at that time, the EC pressed on with its proposal, arguing that negative voting would force the political parties to nominate honest and competent candidates in the polls.
However, the provision failed to have much impact on the 2008 election, as only about four lakh people cast “no” votes.
Assuming power in 2009, the Awami League decided to discontinue the provision, and dropped it from the bill passed in parliament to retain the changes in RPO brought through the ordinance.
Against this backdrop, Supreme Court lawyers Md Shahriar Mozid and Rokunuddin Md Faruq filed a writ petition with the HC as public interest litigation on November 17, seeking its directives for reintroduction of the provision.
The petitioners said the option of casting “no” vote in polls is there in 14 countries. If the provision is included in the RPO, competent candidates will be elected in the polls, they added.
The secretaries to the law ministry, cabinet division and Election Commission secretariat, and the chief election commissioner have been made respondents to the HC ruling.
In a landmark judgment in September, the Indian Supreme Court gave an order, allowing Indian citizens to exercise negative voting.
“If the right to vote is statutory right, the right to reject candidates is a fundamental right of speech and expression under the constitution [of India],” said the court.
Democracy is all about choice, and the significance of the right to negative voting is massive, it added.
-With The Daily Star input
