Wikipedia information on 49-O

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RULE 49-O is a Rule in the The Conduct of Elections Rules, 1961, which governs elections in India. It covers the procedures to be followed when a valid voter decides not to cast his vote, and decides to record this fact. Recording one's vote under Rule 49-O is a choice that voters can exercise to prevent electoral fraud, and misuse of their vote.

 

 

 

 

 

Contents [hide]

1 Text of Rule 49-O 2 Proposals by the Election Commission of India 3 Present Implications of Rule 49-O 4 References 5 External links 6 More Information Required

 

[edit] Text of Rule 49-O

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.

 

[edit] Proposals by the Election Commission of India

In a letter to the Prime Minister in 2004, the then Chief Election Commissioner of India, T S Krishnamurthy, suggested the following:

7. NEGATIVE / NEUTRAL VOTING

The Commission has received proposals from a very large number of individuals and organizations that there should be a provision enabling a voter to reject all the candidates in the constituency if he does not find them suitable. In the voting using the conventional ballot paper and ballot boxes, an elector can drop the ballot paper without marking his vote against any of the candidates, if he chooses so. However, in the voting using the Electronic Voting Machines, such a facility is not available to the voter. Although, Rule 49 O of the Conduct of Election Rules, 1961 provides that an elector may refuse to vote after he has been identified and necessary entries made in the Register of Electors and the marked copy of the electoral roll, the secrecy of voting is not protected here inasmuch as the polling officials and the polling agents in the polling station get to know about the decision of such a voter.

The Commission recommends that the law should be amended to specifically provide for negative / neutral voting. For this purpose, Rules 22 and 49B of the Conduct of Election Rules, 1961 may be suitably amended adding a proviso that in the ballot paper and the particulars on the ballot unit, in the column relating to names of candidates, after the entry relating to the last candidate, there shall be a column '“None of the above'”, to enable a voter to reject all the candidates, if he chooses so. Such a proposal was earlier made by the Commission in 2001 (vide letter dated 10.12.2001).

(A petition by the PeopleÂ’s Union for Civil Liberties seeking such a provision filed at the time of the recent general elections is pending before the HonÂ’ble Supreme Court)

Please note that this request may not have been turned into a law as yet.

 

[edit] Present Implications of Rule 49-O

Since the ballot paper/EVM contains only the list of candidates, a voter cannot record his vote under Section 49-O directly. He must inform the presiding officer at the election booth. This violates the secrecy of the ballot. However, with paper ballot a different method is used to "waste" ones vote, which is stamping on multiple candidates. In fact this was the standard method of giving null votes without violating secrecy before the advent of the EVM.

The exact implications of Rule 49-O from the perspective of winner declaration are unclear. It may be, given the present state of The Conduct of Election Rules, 1961, assumed that a winner will be declared irrespective of the number of 'non-votes'. However, a note of every 'non-vote' will be made with the Election Officer, and the total number of non-voters will, presumably, be available under the Right to Information, Act. Please note that the availability of this information has not been confirmed as yet