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38. Assumingly, if there is any such clerical error which is as such curable, therebys, if the said has vitiated the election(s), yet the remedy to the aggrieved is to file an election petition before the Election Tribunal concerned.

39 of 72 Neutral Citation No:=2025:PHHC:002956-DB Arguments with regard to exercise of NOTA option (none of the above).

39. It has been argued by the learned counsel for the petitioner(s) that even if only one candidate is left in the fray, yet the respondents were required to hold the elections between that candidate and NOTA. In this regard, the learned State counsel has referred to a judgment rendered by the High Court of Andhra Pradesh in case titled as A.V.Badra Naga Seshayya Vs. State of Andhra Pradesh, to which Writ Petition (PIL) No. 131 of 2020 became assigned. The relevant paragraph as occur in the said verdict is extracted hereinafter.

As per the said Rules, in case of Postal Ballot Papers used for conduct of poll at polling stations with Ballot Boxes or Electronic Voting Machines (EVMs), provision is required to be made for 'None of the Above' (NOTA). In cases where candidates have been declared uncontested, NOTA do not apply, looking to the legislative intent, because option may be permitted to be exercised on contest of election. During deliberations, while discussing on the nomenclature of NOTA, it clearly reflects that this contingency applies in case where there is contest of election and as per the language set up in Rule 35-A of the Rules also, it reflects that, when there is an election through Ballot Boxes or EVMs., only then, the said option can be exercised. Looking to the said legislative intent and amendment of the word NOTA, the relief as prayed for cannot be granted; however, the petitioner is at liberty to approach the State Government or the Central Government to do the needful for the cause espoused in this public interest litigation.

41. Since Sub Section (3) of Section 54 of the 'Act of 1994' makes a candid expression, that when the number of candidates contesting against a particular seat, is less than the number of seats to be filled, and/or wherebys the implication, is that, in case only a single candidate is left in the fray, therebys, a statutory injunction is made upon the Returning Officer, to forthwith declare elected thus as unopossed, hence the singular candidate left in the fray. Consequently, when no elections became held to the seat concerned, nor also when there was any necessity for the electorate through theirs entering the polling booth concerned, to thus exercise NOTA. Resultantly, the non assigning of any right of NOTA to the electorate concerned, rather is completely irrelevant. The said exercising of NOTA by the Electorate would arise only, if there was a contest amongst at least two candidates. Contrarily, when there is no contest, especially, also when even Sub Section (3) of Section 54 of the 'Act of 1994' makes a statutory injunction upon the Returning Officer, to thus declare elected as unopposed, thus even the 41 of 72 Neutral Citation No:=2025:PHHC:002956-DB singular candidate who is left in the fray. As such, when there is no breach made to the statutory provision (supra). Resultantly the non assigning of an opportunity to the electorate to exercise NOTA, but also therebys becomes reiteratedly inconsequential."