I Vote not to Vote - Section 49-O

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YoGi-Sama

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In the wake of recent events (Mumbai Attack) and similar events (Bomb blasts in various cities all over country) earlier of such nature, it has been proved that our government is being run by incompetent [EDITED]. It does not matter which party they belong to, which community they support to, each and every one of them have failed to provide basic security and safety to us.



Many people have stopped voting because they could not see men worthy enough, but by exploiting the flaws in law and constitution these bloodsuckers will join hands with any opponent just to come on ruling side, when the votes only cannot decide the clear winner. There have been numerous public interest notices to spread awareness in public and encourage them to vote; which is fair, as not going for vote isn't solving the problem. These bastard will join hands and collect (buy) every minuscule vote count to built their government. But what Government or these public notices are not telling you that you can still vote without voting, it's called protest vote.

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 canceled 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 won't be an overnight change but it's a start nevertheless. it is seemingly surprising why the election commission has not revealed such a feature to the public.



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assuming "aam admi" learns of this and cares, one party worker handing out rs. 10/- notes at an election rally to buy votes will fix the 49 problem for them :D
 
This is a forwarded mail we used to receive few years back, the information given are not correct.

This rule is not present in the Constitution of India (the provisions in constitution of India are called as Articles, not as Sections. Constitution of India was enacted in the year 1950)

This is a rule in THE CONDUCT OF ELECTIONS RULES, 1961

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.

THE CONDUCT OF ELECTIONS RULES, 1961

As per this rule you can only inform the presiding officer in the poll booth about your intention of not to vote for any of the candidates in the ballot sheet. The presiding officer should take note of the same in Form No.17A.

As on date there is no provision as to caste your vote in the place specifically provided as " I VOTE NOBODY" in the ballot sheet.

Still law needs to be amended in this regard.

some more reading on the subject:
49-O - Wikipedia, the free encyclopedia
 
^^ It is anyway happening. People who are educated and who don't sell their votes for money can chose not to vote for any candidate, and that will be effective.

We ought to spread this to everyone we know. Its high time the political parties stopped taking the voters for granted.
 
Checksum said:
^^ It is anyway happening. People who are educated and who don't sell their votes for money can chose not to vote for any candidate, and that will be effective.

We ought to spread this to everyone we know. Its high time the political parties stopped taking the voters for granted.

Whats happening? I dont get you.

If you are telling that you can inform the presiding officer of the booth (as this is what is the exisiting provision), yes, you can inform the officer. But what good it can do? Your expression of interest not to vote for anyone is simply written by the presiding officer and its not going to be used for any further actions, as there is no provision as to if the 'not to vote for anyone' exceeds the numer of votes got by the No.1 candiate, there should be reelection barring the existing canditates.

The matter is just under discussions for ages. Even the Election commission of India has submitted a proposal for amendment of this Rule so as to enable the voter to vote in the ballat sheet itself and for further actions.

The existing Rule 49 O was enacted to avoid misuse of ones vote (to avoid someone else voting in your name), not for the purpose mentioned by the thread starter. Thats the reason even Election Commission is recommending an amendment in the Rules. A PIL is also pending before the SC in this matter.
 
gmano said:
The existing Rule 49 O was enacted to avoid misuse of ones vote (to avoid someone else voting in your name), not for the purpose mentioned by the thread starter. Thats the reason even Election Commission is recommending an amendment in the Rules. A PIL is also pending before the SC in this matter.

Agreed to your points...but when the party misuse our votes wining in election cant we try to misuse this rule for our country sir?
 
magnet said:
Agreed to your points...but when the party misuse our votes wining in election cant we try to misuse this rule for our country sir?

Its not possible to misuse the Rule, there is no rule to the effect that if the 'not to vote' exceeds the total number of votes received by the No1 candidate, there can be a repoll barring the existing candidates. Simple solution is to amend the Rules, the recommedations are already there before the government. Also SC may direct the government to enact/amend the law accordingly in the PIL pending before it. The day is not far.
 
Yup but most of my frnds...including my family were not aware abt this rule.....

As no one knows such stuffs exist......i heard even if 1 such form is filled in any constituency the candidates get fearfull getting to know a person has come to know abt this stuff and days wont b far when more ppl will vote for them like this....

Anyways i will definitely practice this stuff in coming election....and also would make my frnds aware abt this stuff....

Regarding it coming in voter list..i dont think this will happen soon.....when the judiciary itself has given so much righs to leaders that even a simple complain cant make their arrest possible plus...the law ppl doesnt want to disclose their income(judges even after being public servant) ...than where does will this be allowed by our so called leaders
 
^^I believe courts run our country when Govt fails:(

they are the only hope a common man can get

anyone has tried this 49-0 rule practically?

I am thinking of doing this this Thursday, Dec 4 during Rajasthan LA election
 
Gaurish said:
^^I believe courts run our country when Govt fails:(

they are the only hope a common man can get
anyone has tried this 49-0 rule practically?

I am thinking of doing this this Thursday, Dec 4 during Rajasthan LA election

As mentioned above, it is not available for use yet, has not been implemented as a law.
 
This is a fake.

You can choose to go and cast an invalid vote (i.e. no vote), but the rest of it (repolling etc) is bogus.
 
Thanks for the explanation Gmano...rpd

I hate it when folks post random forwards without taking a minute of effort to verify the veracity of the claims
 
KingKrool said:
This is a fake.
You can choose to go and cast an invalid vote (i.e. no vote), but the rest of it (repolling etc) is bogus.

The invalid vote and not voting for any candidate is two different things.

Invalid vote - your vote is not valid for the reasons like you voted for more than one canditate.

Not to vote for any candidate - Present law is you have to express your intention of not voting for any of the candidates in the ballot sheet to the presiding officer of the booth and he should record it in the form prescribed by the rules and get your signature.

One more thing, when we vote in ballot we dont disclose to anyone about our choice of voting. We maintain a privacy (for many reasons the law itself provides the privacy while voting). That privacy is also taken away in Rule 49 O. Its not good.
 
magnet said:
Yup but most of my frnds...including my family were not aware abt this rule.....

As no one knows such stuffs exist......i heard even if 1 such form is filled in any constituency the candidates get fearfull getting to know a person has come to know abt this stuff and days wont b far when more ppl will vote for them like this....
Anyways i will definitely practice this stuff in coming election....and also would make my frnds aware abt this stuff....

In the last general elections some people here in chennai has tried to record their interest of not voting for anyone, unfortunately non of the presiding officers in the booths were aware of such things and the Form No.17A as precribed in the Rule was not available in the booth :P. So election commission itself did not train these officers and educate them properly.

Regarding it coming in voter list..i dont think this will happen soon.....when the judiciary itself has given so much righs to leaders that even a simple complain cant make their arrest possible plus...the law ppl doesnt want to disclose their income(judges even after being public servant) ...than where does will this be allowed by our so called leaders

Noone should be arrested based on a simple complaint, all the arrests should be based on the evidence. Arrest is not mandatory for complaints. Take for instance, someone doesnt like you and gives a false complaint against you, police have to arrest you immediately, merely because someone has given complaint against you?

CJI has directed all the judicial officers to declare the assets owned by them and their close relatives.
 
gmano said:
CJI has directed all the judicial officers to declare the assets owned by them and their close relatives.

has it been made compulsory?

can i ask for the same detail via rti?

Also gmano can u let me know the procedure for 49-0...like what to say the guy ...ask for form 17 directly or say according to constitution please allow me to practice 49-O...though i know even officers at my end wont b that much educated....plus faulty vote cant b practiced on voter id machine na? now
 
But Such option muct exit.
I don't want to vote to any of the present politicial party.
And I choose vote to not to support them, so that they can be disqualified from upcoming elections.
 
magnet said:
has it been made compulsory?
can i ask for the same detail via rti?
Yes its been made compulsory. But getting the information of the same via RTI is not yet being discussed/ there is no settled law regarding the same, lets wait and see.

Also gmano can u let me know the procedure for 49-0...like what to say the guy ...ask for form 17 directly or say according to constitution please allow me to practice 49-O...though i know even officers at my end wont b that much educated....plus faulty vote cant b practiced on voter id machine na? now

You just have to inform the Presiding officer of the poll booth, you can not ask for the form. Its for the Presiding officer to fill that particular for with your details and get your signature. You can not caste a invalid/faulty vote in a EVM (its not voter id machine).
 
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