Wednesday, December 24, 2008

Rule 49 O of the Election Rules


If you exercise the option of not voting anyone by Rule 49 O, it simply means, you have not voted for anyone. The end result is same as voting for multiple people, which is done by many people who do not want to vote anyone.

Press Note of Election Commission of India


ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-110001
No.ECI/PN/35/2008 Dated: 5tth December, 2008

Subject: Rule 49 O of the Conduct of Elections Rules, 1961- exercise of option by the voters – Impact on the election result.

It has been brought to the notice of the Commission that various misleading reports are being circulated though the Press, the electronic media, emails and through SMS to the effect that if the number of voters who choose to exercise their option not to vote for any contesting candidate as provided in Rule 49-O of Conduct of Elections Rules, 1961, exceeds the margin of votes secured by the winning candidate over the runner up, this will invalidate the election and a repoll will be held. It is clarified that under Rule 49-O, the voter has an potion not to vote at the election after he has been identified at the polling station and his name has been registered in Registers of voters (Form -17A). The Presiding Officer shall thereupon make a note to that effect against the name of that voter and obtain his signature (thumb impression in the case of an illiterate ). In such case, the voters who exercise the option of not voting at the election under Rule 49-O would only be deemed to have abstained themselves from voting and under the law, the candidate who secures highest number of valid votes polled, irrespective of his winning margin, is declared elected.

(S. K. RUDOLA)
SECRETARY

Source: http://eci.nic.in/eci_main1/current/pn051208.pdf

3 comments:

  1. Righ to vote is exercised through secret ballots. Any one refusing to vote under article 49 'O' should not be identified as mentioned here. Therefore, there should a "Button" to choose none and it should be secret. Though I understand that this will not be accounted for disqualifying a candidate or amount to repoll if the number goes more than the valid votes, I strongly beleive that choosing none "Button" will cerainly influence Indian politics for improved governance and filing qualified candidates for election by the political parties.

    ReplyDelete
  2. Righ to vote is exercised through secret ballots. Any one refusing to vote under article 49 'O' should not be identified as mentioned here. Therefore, there should a "Button" to choose none and it should be secret. Though I understand that this will not be accounted for disqualifying a candidate or amount to repoll if the number goes more than the valid votes, I strongly beleive that choosing none "Button" will cerainly influence Indian politics for improved governance and filing qualified candidates for election by the political parties.

    Dr. Priya Nath Pattayat (Ph.D)
    Bhubaeswar, Orissa

    ReplyDelete
  3. Till last elections, people who do not want to vote for anyone used to vote for multiple and the vote would be canceled by that. But, with EVMs, it is not possible to do that.

    Many people gave request to EC to put "Not like to vote for anyone". If they put it, and say that, if the no.of votes for NONE gets more than other candidates, entire election would be canceled and all the candidates would be disqualified, then politics would be improved significantly.

    ReplyDelete