Supreme Court of India
Shailesh Manubhai Parmar v. Election Commission of India through the Chief Election Commissioner & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid analysis, the writ petition is allowed and the circulars issued by the Election Commission, the first respondent herein, introducing NOTA in respect of elections to the Council of States are hereby quashed.
Judgment, page 24
From the headnote
Constitution of India: Art. 80(4) – Election for Council of States – Applicabi lity of the option “None of the Above” (NOTA) – Election Co mmission introducing NOTA to Council of States elections – hallenged u/Art. 32 of the Constitution – Held: NOTA was intr oduced for direct elections i.e. of Parliament and State Legislative Assemblies – There is distinction between direct election and indirect election – Option of NOTA to Council of States election, which is indirect election, would not only undermine the purity of de mocracy but also serve the satan of defection and corruption. Allowing
Authorities it was built on
- 1991 Kihoto Hollohan v. Zachillhu and Others
- 2006 Kuldip Nayar v. Union of India and Ors.
- 1955 Rai Sahib Ram Jawaya Kapur and Others v. The State of Punjab
- 2014 Manoj Narula v. Union of India
- 2013 People's Union for Civil Liberties & Anr. v. Union of India & Anr.
- 1981 Bishambhar Dayal Chandra Mohan and Others Etc. Etc. v. State of Uttar Pradesh & Ors.
- 1994 Ravi S. Naik and Sanjay Bandekar and Anr. v. Union of India and Ors.
- 1993 Ms. Lily Thomas, Advocate v. Speaker, Lok Sabha and Others
- 2001 Ananga Uday Singh Deo v. Ranga Nath Mishra and Ors.
Where later benches applied it
- 2022 S. Rukmini Madegowda v. The State Election Commission & Ors
- 2018 Public Interest Foundation & Ors. v. Union of India & Anr.
Of those, 1 referred to · 1 mentioned
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