I am not surprised, when I find forums on the Facebook and other places discussing about the ARTICLE 49-O. What surprises me is the fact that most of the so-called "TRUTH" discussed there is utterly wrong.
There would be instances, when you do not want to vote either of the candidates. read this post on for reasons
Whoever is aware of ARTICLE 49-O has some misconceptions, which is picked up from internet and spam mails like this:
It is surprising, that when I google about 49-O, none of the links appearing in the first page of search results (except wikipedia), lead to an actual official page that would provide me with the factual data.
Therefore I went directly to the Election Commision website and this is what I found there.
49L mentioned above is :
Summing up:
1. Under 49-0, you can decide not to vote.
2. The preceding will be like a normal vote. You will also get your finger marked. But the vote casted will not favor anybody.
3. You will lose secrecy of your vote, as all booths now have EVM. The presiding officer will know that you have exercised the option of 49-O, until the button of "NONE OF THE ABOVE" is added.
4. As of now, there is no provision of re-poll or cancelling candidature
Another point to be clarified here:
This reform was proposed by Shri T.S. Krishnamurthy Chief Election Commissioner of India (February 2004 - May 2005). The above letter is dated August 2004. It seems like there was a similar prposal sometime back in 2001 also.
It is amusing as well as sad, that this reforms have not been enacted upon yet.
Even without the reforms being accepted, 49-O by, itself is a very very powerful tool for Protest. It can bring mighty governments to its knees, as did Gandhiji's (and now also Anna Hazare's :-)) Dandi March, Satyagraha and Fast-unto-death.
Further Reading :
and if you have further patience :-)
There would be instances, when you do not want to vote either of the candidates. read this post on for reasons
Whoever is aware of ARTICLE 49-O has some misconceptions, which is picked up from internet and spam mails like this:
"ARE YOU AWARE OF YOUR RIGHTS?You can refuse to VOTE if you like none of the electoral candidates. This is article 49-o of ConstitutionIf you have also once forwarded this, and have been taking pride in your act of patriotism, then I am sorry to say,but you have only led some people into further dis-illusion.
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 all the contestants will be removed and they cannot contest in the re-polling.
SPREAD THE WORD. POPULARISE THIS. LET EVERY INDIAN COME TO KNOW ABOUT THE POWER GIVEN TO HIM BY THE CONSTITUTION "
It is surprising, that when I google about 49-O, none of the links appearing in the first page of search results (except wikipedia), lead to an actual official page that would provide me with the factual data.
Therefore I went directly to the Election Commision website and this is what I found there.
THE TRUTH ABOUT 49-O
"49O. 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."Source: http://eci.gov.in/archive/manuals/part5/stat2z_2.htm
49L mentioned above is :
"49L. Procedure for voting by voting machines.-(1) Before permitting an elector to vote, the polling officer shall—
(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form 17A.
(b) obtain the signature or the thumb impression of the elector on the said register of votes; and
(c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote.
Provided that no elector shall be allowed to vote unless he has his signature or thumb impression on the register of voters.
(2) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the register of voters. "
 |
| A screen-shot from the Proposed Reform source:http://eci.gov.in/eci_main/press/current/PN_030804.pdf |
Summing up:
1. Under 49-0, you can decide not to vote.
2. The preceding will be like a normal vote. You will also get your finger marked. But the vote casted will not favor anybody.
3. You will lose secrecy of your vote, as all booths now have EVM. The presiding officer will know that you have exercised the option of 49-O, until the button of "NONE OF THE ABOVE" is added.
4. As of now, there is no provision of re-poll or cancelling candidature
Another point to be clarified here:
- This proposal is wrongly accredited to Dr. Manmohan Singh, the then PM of India.
This reform was proposed by Shri T.S. Krishnamurthy Chief Election Commissioner of India (February 2004 - May 2005). The above letter is dated August 2004. It seems like there was a similar prposal sometime back in 2001 also.
It is amusing as well as sad, that this reforms have not been enacted upon yet.
Even without the reforms being accepted, 49-O by, itself is a very very powerful tool for Protest. It can bring mighty governments to its knees, as did Gandhiji's (and now also Anna Hazare's :-)) Dandi March, Satyagraha and Fast-unto-death.
Further Reading :
and if you have further patience :-)
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