“None of the above” option in ballot paper sought through Court ruling

A group of Sri Lankans petitioned the Supreme Court last week seeking a ruling on an interesting point: To include “None of the above” option in the ballot paper during elections to public bodies.

The petition – seeking a Writ on Mandamus on the members of the Election Commission to include this option - say that in some elections they want to vote but not for any of the candidates listed in the ballot paper. 

“In such elections, the petitioners either did not go to the polling booth to cast their vote or an unknown number of voters may have deliberately spoiled their ballot papers without knowing damaging a ballot paper is an ‘offence’. In some cases the petitioners struggled to express their disinterest to vote for any of the candidates appearing in the ballot paper but didn’t follow the offensive action,” the petition stated.

The six petitioners are Wijaya Undupitiya, a businessman and anti-corruption activist; Victor Ivan, editor/founder of Ravaya newspaper; K.K. Ivon Amarajeewa, a medical practitioner; T. M. Premawardana, a retired educationist; W. Tilak Rohita De Silva, a chartered engineer and Mohamed G. Saiful Islam, a medical practioner. 

They state that in some elections “where the petitioners did not go to the polling station to cast their vote because of their desire not to vote any of the candidates, the petitioners' vote would have been counted as ‘No Show’ affecting the percentage of voter turn over  negatively.” The petition said the petitioners believe it curtails their freedom of expression as voters and argues that voting is embedded in the freedom of expression which is guaranteed by the Constitution of Sri Lanka. 

While seeking an order in the nature of a Writ of Mandamus to the three members of the Election Commission including its chairman to include “None of the above” (NOTA) option in the ballot papers at elections, it is also seeking an order to the respondents to educate the public using mass media about the NOTA option in the ballot papers.

The petitioners state that they have filed this case as public interest litigation as they are concerned about the people’s rights. The petition states that such rights are provided in India, the world’s largest democracy and Sri Lanka’s neighbour. - ENDS -