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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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
