Tuesday, 3 February 2009

The Right to NOT Vote

D had recently done a post telling us how she lacks choice in her constituency, not finding any candidate that she would like to vote. It is like choosing between the Devil and the deep blue sea. This is a mail I had received a while back, and I dug it out of my inbox, because I want to share it with every Indian reading this. Please read on.


Did you know that there is a system in our constitution, as per the 1961 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, and 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 anybody, is even more powerful than voting... so don't miss your chance.

So either vote, or vote not to vote (vote 49-O)

I have cross-referenced it on the internet and here is what I have found.

"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."(link)

This is what Wikipedia has to offer. An article appeared in DNA about this a while back. Reading these two, it seems a re-poll will not happen, but this is a legal option available to us, and when we need to, we must make use of it.

7 comments:

Pixie said...

Yea.. this option is there, though very few of us knew exactly what it is and how to exercise our right to Use the "Right not to vote!"

binaryfootprints said...

We need to come together and make more people - women aware of this. Our greatest strength is ur numbers, our greatest weakness, not knowing our strength and succumbing to the patriarchal society. I have done a post that you might find interesting.

D said...

Our law-makers make laws to suit themselves, not to suit a country. Which is why the re-poll would probably never happen.

Poonam Sharma said...

Well, legally we have no such right yet. Here read it: http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20090081985

Solilo said...

I don't think this option is right. Its confusing. Have to read about it further.

Piper .. said...

agree with D. I dont think re-poll would ever happen. Infact I have my doubts about the whole vote counting system as well.

Goofy Mumma said...

Pixie - yes yes.

Binary - I agree. Read your post, loved it.

D - There is no re-poll sadly.

Poonam - Thanks for the link.

Solilo - Do it. :)

Piper - That is what is so sad about our country isn't it? We don't even know who or what we can trust.