Shailesh Manubhai Parmar vs Election Commission Of India Through ...

The Supreme Court ruled that the introduction of the 'None of the Above' (NOTA) option in Rajya Sabha elections, as per the Election Commission's circular, is unconstitutional as it contradicts Article 80(4) of the Constitution and the provisions of the Representation of the People Act, 1951, particularly Section 59. The Court emphasized that the Election Commission's authority to implement NOTA does not extend to indirect elections like those for the Rajya Sabha. Consequently, the circular was struck down, affirming that the NOTA option cannot be applied in this context.