Monday, December 1, 2008

Rule 49- O . Right to reject every politician..

Please read this article ...
This is the time to show that we are awaken and we know the constitutional right to teach a lessons to dirty politicians...

Every polititians and ..our election commission also donot want to use this power ..conferred upon to the general public of India..

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Rule 49-O is a Rule in the The Conduct of Elections Rules, 1961, which governs elections in India. It covers the procedures to be followed when a valid voter decides not to cast his vote, and decides to record this fact. Recording one's vote under Section 49-O is a choice that voters can exercise to prevent electoral fraud, and misuse of their vote.

Contents [hide]
1 Text of Rule 49-O
2 Proposals by the Election Commission of India
3 Present Implications of Rule 49-O
4 References
5 External links


[edit] Text of Rule 49-O
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.
[edit] Proposals by the Election Commission of India
In a letter to the Prime Minister in 2004, the then Chief Election Commissioner of India, T S Krishnamurthy, suggested the following:
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)
Please note that this request may not have been turned into a law as yet.
[edit] Present Implications of Rule 49-O
Since the ballot paper/EVM contains only the list of candidates, a voter cannot record his vote under Section 49-O directly. He must inform the presiding officer at the election booth. This violates the secrecy of the ballot.
The exact implications of Rule 49-O from the perspective of winner declaration are unclear. It may be, given the present state of The Conduct of Election Rules, 1961, assumed that a winner will be declared irrespective of the number of 'non-votes'. However, a note of every 'non-vote' will be made with the Election Officer, and the total number of non-voters will, presumably, be available under the Right to Information, Act. Please note that the availability of this information has not been confirmed as yet.
Some recent articles suggest that in case the number of votes recorded under Section 49-O is greater than the maximum number of votes polled in favour of any of the candidates, a repoll is held. This is not explicitly mentioned in any of the sections of The Conduct of Elections Rules, 1961.



Small article : Know about the 49'O
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Please take some time to read this entire mail. You will definitely feel its worth. Hope some of you have already got this mail and got to know about the 49'O.. It says :"In a particular constituency, if a voter has dislike to all of the candidates competing there,Then he can show his dislike to all of them by registering for 49'O.Steps for doing this :1. while registering the name by the time of voting, convey the booth officials that "I want to go for 49'O".2. Register your signature in the 49'O form available there. Done.Now, if the number of 49'O count is larger than that of the winning candidates total vote count, then a re-election is called there.More than all, the shameful fact is, this 49'O is available ever since 1960, but it is in no way conveyed to the people. Neither the government communicate this, nor did the election commission.As long as the people are unaware of this one, the political parties are enjoying by winning the election and ditching our country.To stop this disaster to continue further, we don't need to take a sword and fight against the government.Just help every citizen to know that they have such a powerful weapon which can be used for ensuring their welfare.None of the media will be ready to publish this 49'O.Let us do this by ourselves.Communicate this information with all your family, friends, neighbors as much as you can and let them know their right.Please send this information or link to everyone you know and request them to spread it across to everyone.Convey this information to as many people you know.Not only, we get a satisfaction that we have done a good service for our country's welfare.This is very well equal to what our patriots have done for the independence of our country.Very less time left before the next election drama. Before that lets make sure that everyone speaks about this word "49'O".


There is this email that’s been doing the rounds for a while now on a Rule 49-O. It reads like this:
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Did you know that there is a system in our constitution, as per the 1969 act, in section “49-O” that a person can go to the polling booth, confirm his identity, get his finger marked and convey the presiding election officer that he doesn’t want to vote anyone!
Yes such a feature is available, but obviously these seemingly notorious leaders have never disclosed it.This is called “49-O”. Why should you go and say “I VOTE NOBODY”… because, in a ward, if a candidate wins, say by 123 votes, and that Particular ward has received “49-O” votes more than 123, 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. 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….
Please spread this news to as many as you know…Seems to be a wonderful weapon against corrupt parties in India …show your power, expressing your desire not toVote for anybody, is even more powerful than voting… so don’t missyour chance.

Well, here’s the text of Rule 49-O of the Conduct of Elections Rules, 1961 (“Rules”):
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.
Rule 49-O falls under the Chapter II of Part IV of the Rules which was introduced in 1992 and deals only with voting by electronic voting machines or EVMs. The remark referred to here is an offline entry by the presiding offer (accompanied by the voter’s signature) to record the fact that a vote was not electronically recorded even though the voter had registered in the register of voters. This would allow reconciliation of mismatches arising from a situation where you have lesser votes polled in the machines than the names entered and signed in the register of voters. There is no provision for polling to be cancelled based on the number of 49-O votes.










DID 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.
Please spread the word about this and make our fellow countrymen aware of this right. No political party (or conventional media) would campaign for it. It’s yours and my duty. So, let’s go ahead from today!

1 comment:

Pinu said...

Its an eye opener article. Thanks for letting us know. however, I have one question here, Yes I can see its usefulness, but in normal situation, where the people are frustrated and opt to reject everyone then don't you think this will fail the democracy? For example, in today's world, I guess 20-30 percent people don't feel like voting as they believe it will not change anything for them. In a way they rejected the system & the candidates running for the system.