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  1. #1
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    Tanvir
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    Question Section " 49-O" of Indian Constitution


    Is there any such section in Indian constitution (Section " 49-O") which gives the right for 'Not to vote' or ' I VOTE NOBODY' ? I have received mails regarding this, which says that if there are more votes for this option than all other candidates 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 had already expressed their decision on them.
    I want to know is there any reality behind this or just a rumour that we encounter everyday in our life?


    Likes jiteshnarshana liked this post
     

  2. #2
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    Default Re: Section " 49-O" of Indian Constitution


    Tanvir,

    Please see the following thread:

    http://www.rtiindia.org/forum/10369-enough-enough.html

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    Default Re: Section " 49-O" of Indian Constitution


    It is great if such provision is there

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    Default Re: Section " 49-O" of Indian Constitution



    Yes. Such a provision exist. It is not in the Constitution of India but in "Conduct of Election Rules 1961" Its extract is given below:
    49-O. 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

    But I am not sure of later part of your doubt. It need little probe
    Last edited by colnrkurup; 12-05-2008 at 06:31 AM.

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    Default Re: Section " 49-O" of Indian Constitution


    Though you have the right to record your unwillingness to vote, in India it has no accountability. For example, if more than 50% of the voters register their unwillingness, instead of declaring that none is elected,a candidate will be declared elected from the remaining votes. YES, it is a sorrowfull state of our democracy!

  6. #6
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    Default Re: Section " 49-O" of Indian Constitution


    Following para 7 of Proposed Electoral Reform will clear all your doubts. This has been only a proposal and has not been implemented yet. It also mentions that a case in pending before Hon'ble Supreme Court on this matter.

    Full copy of the proposed reform is also attached.

    7. NEGATIVE / NEUTRAL VOTING
    The Commission has received proposals from a very large number of individuals and organizations that there should be a provision enabling a voter to reject all the candidates in the constituency if he does not find them suitable.

    In the voting using the conventional ballot paper and ballot boxes, an elector can drop the ballot paper without marking his vote against any of the candidates, if he chooses so. However, in the voting using the Electronic Voting Machines, such a facility is not available to the voter.

    Although, Rule 49 O of the Conduct of Election Rules, 1961 provides that an elector may refuse to vote after he has been identified and necessary entries made in the Register of Electors and the marked copy of the electoral roll, the secrecy of voting is not protected here inasmuch as the polling officials and the polling agents in the polling station get to know about the decision of such a voter.

    The Commission recommends that the law should be amended to specifically provide for negative / neutral voting. For this purpose, Rules 22 and 49B of the Conduct of Election Rules, 1961 may be suitably amended adding a proviso that in the ballot paper and the particulars on the ballot unit, in the column relating to names of candidates, after the entry relating to the last candidate, there shall be a column "None of the above", to enable a voter to reject all the candidates, if he chooses so. Such a proposal was earlier made by the Commission in 2001 (vide letter dated 10.12.2001).

    (A petition by the People's Union for Civil Liberties seeking such a provision filed at the time of the recent general elections is pending before the Hon'ble Supreme Court)
    Attached Files Attached Files

  7. #7
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    Default ‘Not to vote option will not affect result’


    As reported in The Deccan Chronicle, Hyderabad Edition on 07 Decemebr 2008:
    National News


    ‘Not to vote option will not affect result’


    New Delhi, Dec. 6: "Not to vote" option given to voters would not affect the winning chances of a candidate in an election, the Election Commission has said. "The voters who exercise the option of not voting at the election under Rule 49-0 would only be deemed to have abstained themselves from voting and under the law, the candidate who secures the highest number of valid votes polled, irrespective of his winning margin, is declared elected," the EC said.

    The EC was reacting to reports that if the number of voters, who choose to exercise the option of not to vote exceeds the margin of votes secured by the winning candidate over the runner up, then it should invalidate the election and a repoll should be held. Under Rule 49-0, a voter has the option of not to vote after he has been identified at the polling station and his name will be registered in register of voters. The presiding officer would then make a note to that effect against the name of that particular voter and obtain his or her signature, the EC clarified.

  8. #8
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    Default Re: Section " 49-O" of Indian Constitution


    What the EC telling is the existing provisions. There is no doubt on anyone's mind that "Note to Vote " option make any difference as per existing provisions of Rules.The above was a suggested reforms of the existing provision.

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