Tuesday, 17 July 2012

RULE 49-O OF ELECTION COMMISSION OF INDIA / ARTICLE 17 A

Many of us do not know that we can choose not to vote under the law. Such a provision is available in the constitution as well as the rule book of election commission of India. Constitution makers way back in 1950 knew such a sitution may arise where the public will not wish to vote any candidates in their constituency. Reasons may be 'n' in No. He might be a corrupt politician, he is alleged to have raped some one [1], or they might have watched a "atrocity against Indian women " video in the assembly [2], or they might have been working hard at night for the progress of the country so that they can sleep in parliament [[3], reasons will go on like this. So the voters will be waiting for their turn to teach them a lesson in next 5 years when the election arrives. So they may choose to vote to another candidate. Eventually another candidate also turns out be 1,2,3. So the voter will be dejected.

The rule 49-o states that the "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."

That means he is telling under the law that he does not wish to vote to any candidate because he thinks they are all unfit. But If he does not vote, someone might fraud his vote. To prevent it he will "cast" his vote but to "no one".

 Currently EVM does not have this option. If some one wants to make use of rule 49-O, then he has to contact the polling officer and give it on a paper. This violates the "secrecy of Voting", for the same reason why EC banned opinion polls in 2009. Now there is a new proposal coming which requires a print button included in the EVM ( just like in ATM ). Since politicians are aware of the seriousness of the rule 49-O, none of them are pushing for it.

A hoax has been circulating which claims that if the '49-O' votes more than those of the winning candidate, then that poll will be canceled and will have to be re-polled. Furthermore, it claims that the contestants will be banned and they cannot contest the re-polling for their lifetime. This is false and has no basis whatsoever. Refer.

But hope this hoax becomes a reality and the Rule 49-O is implemented to make India a perfect democracy, Where common man is the rules not his representatives.

"Jai Hind"

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