The claim: If NOTA gets the most votes, the election is cancelled and held again.
Our verdict: False
For Lok Sabha and Assembly elections, the rules require the Returning Officer to declare elected the candidate with the largest number of valid votes. NOTA is tallied separately and is not a candidate. We found no provision that cancels or reruns these elections because of the NOTA count.
Exceptions and limits
This rests on Rule 64 and the Commission's counting instructions, because we found no official text that addresses NOTA topping the count in so many words. It covers elections run by the Election Commission of India only. Some State Election Commissions apply a different rule to local polls: Haryana's municipal FAQ says a fresh election is held if NOTA is highest.
Sources
- Conduct of Elections Rules, 1961, rule 64 (Manual of Election Law, Vol II)
- Election Commission of India, Handbook for Returning Officer 2023, chapter 16 (Goa CEO copy)
- Haryana State Election Commission, municipal elections FAQ, Q29
Related: How to vote: the voting process in India
This is a commonly repeated belief, and we are not attributing it to any person or party. Written by the India Vote Kar editorial team and checked on 31 October 2026. India Vote Kar also sells election software and campaign services; see how we check. Spotted a mistake? See our corrections policy.