Delhi HC refrains from entertaining PIL for 'least undeserving candidate' ballot option in polls

The Delhi High Court on Tuesday declined to entertain a PIL seeking directions to the Centre and Election Commission to provide a ballot option to vote for the "least undeserving candidate" during polls.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said voters could express dissatisfaction with regard to the candidates fielded by the parties by opting for the NOTA option.

The bench said choosing a particular candidate is also an expression of dissatisfaction with regard to the other candidates and there was no need for "reflection of the mental perspective" of a voter while casting their vote.

The observations came during hearing of the plea by Dr Akshay Yadavrao Bajad, an ayurvedic doctor presently working as a medical officer in an insurance company, who had contended that providing the option of "least undeserving candidate" in EVMs would compel political parties to nominate candidates with good moral character and integrity.

Advocate Rohan Thawani, appearing for the doctor, said that his client had made a representation in December last year to the Centre on this particular aspect and it was forwarded to the EC, but more than a year later nothing has been done.

The petition, filed through advocate Iqram Govind Singh and Gunjan Ahuja, also stated that another representation was moved by him in January this year before the Ministry of Law, but it too was forwarded to the EC.

Thawani urged the court to direct the EC to at least decide the representations instead of just sitting on them

The court, however, declined to pass any orders and suggested that the petitioner pursue his representations with the EC.

Noting the view expressed by the bench, the plea was not pressed.

"Disposed of as not pressed," the bench said.