clause 49-O;Existing since 1960 but not used
December 1st, 2008Did you know that there is a provision in the Constitution of India, as per the Conduct of Elections Rules, 1969 Act, in Section 49-O that a person can go to the polling booth, confirm his identity, get his finger marked, and convey to the presiding election officer that he/she doesn’t want to vote for anyone! Yes, such a feature is available, but obviously these seemingly notorious leaders have never disclosed it. It is called “49-O”.
49-O: The voter (or elector) deciding not to vote:
If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.
If you think none of the candidates at the ward / constituency are able enough to lead the community, you can always opt not to vote, but if you will use this right of yours you may start a new things in our electoral process, which will further strengthen our democracy.
It is useful in the following way:
In a ward or constituency, if a candidate wins, say by ’x’ votes, and that particular ward has received “49-O” votes more than x, then that polling will be cancelled and will have to be re-polled.
Not only that, but the candidature of the contestants will be removed and they cannot contest the re-polling, since people have already expressed their decision on them. This would bring fear into parties and hence look for genuine candidates for their parties for election. This would change the way of our whole political system. It is seemingly surprising why the election commission has not revealed such a feature to the public.
Now here’s an interesting piece of information which just goes to show what a mess our system is. We know for a fact that Rule 49-0 states that “if a person decides not to record his vote, then the presiding officer shall make a remark to that effect against his name in the register of voters and obtain the latter’s signature or thumb impression against such remark. Most presiding officers are unaware of this rule. Moreover, the rule blatantly violates the principle of secret ballot, the contravention of which is an offence punishable with three months imprisonment by Section 128 of the Representation of the People Act, 1951 .So even though there is a provision not to vote, the way its written in law breaks the process of voting in the first place, namely secret ballot. In other words this rule was sabotaged right from day one as to be effectively useless.
It is good to know what are the rights of a citizen and how these rights have been politically hidden or covered. So it was my duty to post this onto my blog!




