International Law

The Rule 49-O Email

By admin

There is this email that’s been doing the rounds for a while now on a Rule 49-O. It reads like this:

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 to
Vote for anybody, is even more powerful than voting… so don’t miss
your 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.

Just my 2 paise worth on a chain mail that’s getting everyone very enthusiastic about elections.

Full post as published by Technology Law India on December 22, 2007 (boomark / email).