NOTA can't be allowed in RS polls: SC
New Delhi, Aug 21 : The Supreme Court on Tuesday ruled that NOTA (None of the above) option cannot be allowed in the Rajya Sabha elections as it would "wholly undermine the purity of democracy".
"The option of NOTA may serve as an elixir in direct elections but in respect of election to Council of States which is a different one, it would wholly undermine the purity of democracy and also serve as the Satan of defection and corruption," said a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud.
Quashing a notification issued by the Election Commission introducing NOTA in Rajya Sabha elections, Chief Justice Misra said: "The introduction of NOTA in indirect election may on the first glance tempt the intellect but on a keen scrutiny, it falls to the ground, for it completely ignores the role of an elector in such an election and fully destroys the democratic value."
"More so where the electors' vote has value and the value of that vote is transferable... It is an abstraction which does not withstand the scrutiny of the 'cosmos of correctness'," it added quoting Justice Krishna Iyer.
The apex court said it has to be remembered that "democracy garners its strength from the citizenry trust which is sustained only on the foundational pillars of purity, integrity, probity and rectitude and such strongholds can be maintained only by ensuring the process of election remains unsullied and unpolluted so that the citadel of democracy stand still as an impregnable bulwark against unscrupulous forces".
Noting that the voting in election to Rajya Sabha are by open ballot, the court said that it has been so introduced to "sustain the foundational values of party discipline and to avoid any kind of cross voting thereby ensuring purity in the election process."
Noting that the nature of voting by an elector in Rajya Sabha election is of a "grave concern", the court said, "It is because in such an election, there is a party whip and the elector is bound to obey the command of the party."
The party discipline in this kind of election, the court said, is of "extreme significance, for that is the fulcrum of the existence of political parties. It is essential in a parliamentary democracy."
"The thought of cross-voting and corruption is obnoxious in such a voting", the court said.
Holding that the Election Commission has to act within the four corners of law made by Parliament, the court said, "The Commission cannot be allowed to conceive of certain concepts or ideas or, for that matter, think of a different dimension which would not fit into the legal framework."
The top court verdict came on a petition by Shailesh Manubhai Parmar who had challenged August 1, 2017, a circular issued by Secretary, Gujarat Legislature Secretariat, making available the option of NOTA during voting for election to Rajya Sabha.
Shailesh Manubhai Parmar is the chief whip of the Congress in Gujarat assembly.
The circular by the Secretary, Gujarat Legislature Secretariat was based on November 12, 2015 circular of the Election Commission directing the Chief Electoral Officers of all the States and the Union Territories that the option of NOTA could be applicable for elections in the Rajya Sabha.
Allowing the petition by Shailesh Manubhai Parmar, the court said that the circulars issued by the Election Commission introducing NOTA in elections to the Council of States are quashed.
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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
