[MUST READ]Rule 49-O of the conduct of elections

[nvidia]

Q - What do we, as Indians, know about elections?
A - Party A is corrupt. Party B is also corrupt. Party C is too small to win. So why should we go vote? Clearly, its either Party A or B. Party C doesn’t have the money to distribute blankets or run full fledged media campaigns on TV. So inevitably, Party A or B win, monkeys become politicians and 200 citizens in India lose their lives.

Q - What do we, as Indians, NOT know about elections?
A - Rule 49-O (That’s the letter ‘O’ not the Number Zero) of the Conduct of Elections Rules. I am so surprised, that educated people like ourselves don’t know about this, including myself ! I’m even more surprised at the fact that the policy makers haven’t spoken of this rule EVER !

Rule 49-O entitles a voter to log his name, make his/her mark and inform the presiding officer that he/she does NOT wish to vote for either of the candidature. So you’ve NOT cast a vote, and the election officer knows about it. Its put on record.

Q - But how the hell does this help?
A - Lets consider India has a population of a 1000 people. 200 vote for Party A and 100 for Party B. Party A wins! All we need is 201 people, i.e. more than the number of votes the winning party managed, to invoke the right to 49-O. What happens then?

·THE ENTIRE POLL IS SCRAPPED
·NEW ELECTIONS ARE HELD
·THE CANDIDATES THAT CONTESTED EARLIER ARE NOT ALLOWED TO CONTEST AGAIN

You see what’s going to happen? The corrupted guys will eventually go down the drain and genuine chaps come up on the list. This could change everything! And now is the time! Elections are just round the corner.

We aren’t some downtrodden, dumb nation. We’re an intelligent population. We run media houses, huge banks, we’re into advertising, big names; Reliance, TATAs … Then why should our politicians be dumb and uneducated. Compare any western world politician to ours. It makes us look bad!

I hope this is true
Is this the right section btw?

[ThinkFree]

^^If such a rule is there, and people know there rights, then no government is going to be formed. Election process will enter an infinite loop as every party fields some candidates which don't deserve to contest elections.

_______________________

Edit

Such a rule is there but it doesn't say anything about repoll

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.

Source: http://lawmin.nic.in/ld/subord/cer1.htm

Wikipedia entry :http://en.wikipedia.org/wiki/49-O rightly says that it use of this rule doesn't maintain the secrecy of ballot in case electronic voting machines are used and thus may be harmful for people who use that in India.

[iNFiNiTE]

The truth behind Rule 49-O

An e-mail has been doing the rounds, stating that Mumbaikars can invoke Rule 49-O, which allows them to tick ‘No Vote’ on their ballot, and effect a re-poll with new candidates. The e-mail is a fake, but that hasn’t stopped citizens from asking why 49-O isn’t a viable option

“Our system needs to change”, “Our politicians need to go”, “Our government needs to wake up”: For years, these lines have littered the rhetoric of politicians, activists, and citizens alike. But for a moment recently, the public began to dream of effecting real change, and that to through the medium of democracy — the ballot box.


When an e-mail, titled Rule 49-O, popped up in 21-year-old, Stuti Sakhalkar’s inbox, she broke into a smile. The e-mail stated that if she didn’t trust any of the candidates standing for election, then she had a right to convey to the presiding officer, that she didn’t want to vote. The e-mail even suggested that if this happened, and the number of voters who opted to invoke Rule 49-O were more than the number of votes cast for any of the candidates, then there would be a re-poll. “I was so glad that something like this actually existed,” she says, quickly forwarding the e-mail to everyone on her contact list.

Stuti, however, was a victim of a fake e-mail that has been comforting Mumbaikars in their darkest hours. Although Rule 49-O, stated in the The Conduct of Elections Rules, 1961, affirms that the person’s right not to vote would be recognised in the total vote counting process, in no case would there be a re-poll. As of now, what rule 49-O will do is register the person’s signature, or thumbprint. This would also require the voter to reveal their identity, which goes against the system of secret ballots. And even if 49-O votes are more than the winning candidates’ votes, it would not negate the result. There is no judgment as yet on the implications of 49-O toward the upcoming elections, and the barring of candidates from a re-poll.

I hope this clears the matter a bit.
Source

[Anorion]

This is the text of the section

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.

This is just the procedure for filing a non-vote. Another method is to cross out the ballot. This simply means that a non-vote will be counted. The polls are not scraped, new elections are not held, and there is nothing stopping the candidates from contesting again. Even a crossed vote does not achieve it, neither does a majority of crossed votes (though this has never happened).

[ThinkFree]

Originally Posted by Anorion

This is just the procedure for filing a non-vote. Another method is to cross out the ballot. This simply means that a non-vote will be counted.

Not applicable now as EVMs are used.

[karnivore]

Another method is to cross out the ballot

I have actually done that....twice..

[arijit_2404]

I've got this email too few days ago. Out of curiosity I searched for the information. Here what I found:

Right now, no rules exists exactly like this in constitution of India. Closest thing it has is:

ELECTORS DECIDING NOT TO VOTE
1.1 If an elector, after his electoral roll number has been duly entered in the
Register of Voters (Form 17A) and he has put his signature/thumb impression on that
register, decides not to record his vote, he shall not be forced or compelled to record
his vote.
1.2 A remark to the effect that he has decided not to record his vote shall be made
by you in the remarks column against the entry relating to him in the Register of Voters.
You shall put your full signature below that remark.
1.3 The signature or thumb impression of the elector shall also be obtained against
such remark under rule 49Q.
1.4 It shall, however, not be necessary to make any change in the serial number of
the elector or of any succeeding electors in column (1) of the Register of Voters.

But it doesn't say ...

... 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...

Also the Article is 49Q...not 49O

I have PDF file of the ELECTION COMMISSION OF INDIA GUIDE .... anybody want PM me.

[kalpik]

Yes.. If you vote for "No one", it doesnt count! So IMO, if you've decided not to vote for anyone, better sit at home and relax. Also, if you do go there and decide not to vote, you loose your right to secret ballot. Its just a VERY stupid rule, to keep people happy with what they are doing

[trigger]

already posted the answer here

[Faun]

Originally Posted by kalpik

Yes.. If you vote for "No one", it doesnt count! So IMO, if you've decided not to vote for anyone, better sit at home and relax. Also, if you do go there and decide not to vote, you loose your right to secret ballot. Its just a VERY stupid rule, to keep people happy with what they are doing

yeah, that completely fails this rule. Whats the use when your identity is revealed. Tomorrow some asslol can take revenge.

IMO this rule is partital and just a cosmetic makeover that looks promising and nothing else functional. Damn !