JUDGMENT

Dipak Misra, CJI.

In the instant writ petition preferred under Article 32 of the Constitution of India, the petitioner who is the Chief Whip of the Indian National Congress party in Gujarat Legislative Assembly challenges the circular dated 1st August, 2017 issued by the Secretary, Gujarat Legislature Secretariat, the Respondent No.3 herein, in relation to the conduct of elections for the Council of States. Though the circular covers various aspects, he has challenged the availability of the option “None of the Above” (NOTA).

2. It is asserted that the Election Commission of India had issued directions to the Chief Electoral Officers of all the States and the Union Territories (except Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep) directing that the option of NOTA could be applicable for elections in the Rajya Sabha and the said option shall be printed on the ballot paper in the language or languages in which the ballot paper is printed as per the directions issued by the Election Commission in pursuance of sub-rule (1) of Rul