Inconsumercomplaints.com » Miscellaneous » Review / complaint: Government &amp, Police - I VOTE NOBODY... as per the 1969 act, in section 49-O ‏ | News #242784

Government &amp, Police
"I VOTE NOBODY"... as per the 1969 act, in section "49-O"‏

This chain mail (one version is at the foot of this message) has been doing

the rounds for some time now, but is based on a complete misunderstanding of

the statutory provisions.

Neither the Consitution of India nor the Representation of the People Act,

1950 contain any provision to suggest that failure or refusal to vote can

have any bearing on the outcome of an election at which other people have

duly voted for the candidate of their choice. The provision in question,

"49-O", is actually a mere Rule which has been enacted in order to deal with

a peculiarity of the electronic voting system which India pioneered.

"The Conduct of Election Rules, 1961" have been framed under the

Representation of the People Act, 1961, and make detailed provisions for

everything from filing of nomination papers to casting of votes, counting of

votes, and the like. Separate provisions are made for direct elections such

as to Parliament and State Assemblies, and for indirect voting such as in

electoral colleges. Part IV of the Rules covers "Voting in Parliamentary

and Assembly Constituencies", while Part V covers "Counting of Votes in

Parliamentary and Assembly Constituencies". Part IV has two Chapters, with

Chapter I (Rules 28 to 48) applying to "Voting by Ballot", and Chapter II

(Rules 49-A to 49-X), which was added in 1992 to deal with the new

phenomenon of electronic voting, applying to "Voting by Electronic Voting

Machines".

Rule 49-O, which is part of Chapter II, has been introduced in order to

account for all electors who have attended and signed into the polling

station. In the case of voting by ballot, the actual number of ballot

papers issued are required to be tallied with the votes cast in order to

avoid any malpractice, and this account includes ballot papers which have

been properly marked, ballot papers which have been accidentally

torn/defaced, ballot papers which are seized from electors who refuse or

fail to put them into the ballot boxes, and so on. Since ballot papers are

physically verifiable and can be counted (whether from the ballot boxes or

from sealed envelopes containing defaced/torn/misused ballot papers), there

was no need prior to 1992 to have any special Rule to obtain the signature

of an elector who attended the polling process but refused or failed to cast

her/his vote.

However, when voting is done by electronic voting machines, there is no

physical manifestation of the vote. Hence, all accounting has to be done by

verification of the registers which are signed by the electors before going

behind the screen and punching a button on the voting machine. There being

no such thing as a blank or defaced or torn ballot, it became necessary to

provide that if an elector, after coming to the polling station and signing

in, refuses or declines to cast her/his vote, then a remark has to be made

in the register and the signature/thumb impression of the elector has to be

obtained against such remark. This remark/entry is then relied upon while

counting votes under Rule 66-A, which is a special Rule for counting of

votes cast in electronic voting machines, since the machine only records the

votes actually cast, and has no means of knowing how many people signed in

but failed/refused to cast their votes.

Rule 66-A read with Form 17-C make it clear that the purpose of Rule 49-O is

only to ensure that electors who fail to vote ater signing into the pollking

station have done so of their own accord and not due to any force or

coercion. Form 17-A is the form in which the polling booth register is to

be maintained, which is signed by all electors when they enter the polling

booth and are identified against the list of valid voters at that booth.

Form 17-C records the final count of votes as per Rule 66-A, and this has to

be signed by the election agents of all the candidates as it reflects the

final result of the tally. Column 6 of Form 17-C requires that the number of

electors who actually cast their votes as per the voting machine, be added

to the number of those who declined/refused to vote, i.e. those in respect

of whom a remark is entered against their names in the voting register (Form

17-A) under Rule 49-O, and that the total of these two figures should tally

with the total who signed the voter's register. In case of any discrepancy

in this total, the polling agents have to explain the discrepancy in Form

17-C. This is nothing but an accounting procedure devised in order to

ensure that there is neither any bogus voting, nor any force used to prevent

valid electors from casting their votes.

Importantly, there is nothing whatsoever in the Act or Rules to suggest that

if electors either individually or collectively decline to cast their votes

and get this fact recorded under Rule 49-O, then this would have any effect

whatsoever on the election. Elections are won (or lost) on the basis of

votes cast in favour of different candidates, and not on abstentions.

The Greek definition of "idiot" remains as valid as ever, and Rule 49-O has

done nothing to elevate a person who refuses to vote out of that category.

Cheers.

Chander Uday Singh.

> From: XYZ

> Sent: Thursday, December 04 11:01 AM

> To: Delhi Users; Mumbai Users; Chennai Users; Bangalore Users

> Subject: FW: "I VOTE NOBODY".

>

>

> %%%%%%%%%%__

> From: ABCD

> Subject: "I VOTE NOBODY"...

>

> Dear All,

>

> 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.


Company: Government &amp, Police

Country: India

Category: Miscellaneous

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