There is a confusion prevailed on the issue of NOTA (None of the above) option being available to the MLAs for Rajya Sabha elections this time. The whip issued to the MLAs makes it clear that the MLAs are to be present during the election and mark Congress candidate Ahmed Patel as the first preference.
The actions, which can be initiated against the MLAs for not abiding by the whip, have also been detailed with the whip.
Congress had approached the Election Commission against the use of NOTA option in the upcoming Rajya Sabha elections, claiming it was violative of the Constitution and electoral laws, but the poll panel maintained that it was not a new direction and was introduced in 2014.
The Supreme Court today agreed to hear a plea moved by the Gujarat Congress challenging the decision to use None of the Above (NOTA) option in the upcoming Rajya Sabha polls in the state.
Advocate Kapil Sibal told the apex court there is no statutory provision with regard to NOTA in the Constitution. As per government officials, the directions to use NOTA in Rajya Sabha elections were enforced in January 2014 after the Supreme Court in 2013 made it mandatory to have NOTA option in EVMs.
In the Rajya Sabha polls, the MLAs have to show their ballot paper to an authorised party agent before putting it in the ballot box.
If a voter (MLA) defies the party directive and votes for someone else or uses NOTA option, he cannot be disqualified as a legislator. But the party is free to take disciplinary action including expulsion. The defiant voter can continue to be an MLA and his vote can also not be invalidated for defying party directions, the EC rules say.
Opposition Congress has issued a whip to its MLAs to vote for Ahmed Patel as its Rajya Sabha candidate from Gujarat and BJP has decided to field Balwantsinh Rajput against the lone Congress candidate.