Section-49-O | NOTA

blr_p

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[OP]
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May 26, 2005
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Did you know that there is a system in our constitution, as per the
1969 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) and pass this
info on...


----

Update:

Rule 49 O of the Conduct of Elections Rules, 1961-exercise of option by the voters – Impact on the electionresult.
 
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blr_p

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May 26, 2005
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Going by ur linked blog, it appears no one mentioned that such an option does indeed already exist.I must admit, i was taken aback when i recd it by email, you never would think it did.When i think back to the last presidential elections in France, a lot of the electorate there was disgusted with the incumbent (Chirac) at the time and instead voted for the neo-nazi Le Pen instead, resulting in him getting 30% of the total vote !! Chirac only just scraped through to win and is again the current president.One wonders if the French even had a no-one vote option.
 


cyberwiz

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Mar 11, 2005
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QUOTE(blr_p @ Aug 1 2006, 08:26 PM) [snapback]57236[/snapback]
Did you know that there is a system in our constitution, as per the
1969 act, in section "49-O" that a person can go to the polling booth,
[/b]

Man wat r u talking abt? Act? constitution? our Constititution has articles, not sections and it is amended by "Amending Acts". Article 49 of the Indian constitution comes under Directive principles of state policy and specifically talks abt protection of Monuments and places of National Importance.

Wat u r saying is not given even in The Representation of The Peoples Act, the relevant statute that governs all this stuff.

Most probably somebody's played a prank on u.
 


blr_p

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May 26, 2005
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QUOTE(cyberwiz @ Aug 2 2006, 02:58 PM) [snapback]57300[/snapback]
Wat u r saying is not given even in The Representation of The Peoples Act, the relevant statute that governs all this stuff.

Most probably somebody's played a prank on u.
[/b]
What i'm hearing...

You can't find the relevant act/section whatever (i'm not a politics geek yet).

Which is different from

such an option does not exist.

Not that i'm asking you to prove a negative.

More like do we or not have the option.
 

netfreak

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Sep 8, 2005
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Constitution is available online, so if you know year (1969 in this case) and article/scetion no, and can't find it then it pretty much means it does not exist.
 

blr_p

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Amazing what a bit of googling does.

http://vikaskaul.blogspot.com/ (Search for (49 O) and read on...)

turns out the yr was wrong (Conduct of Electoral Rules, 1961. Section 49-O), no biggie

...but as to whether it exists, see here

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.

Now that we know it does exist...what isn't clear to me is what's said about it in the blog linked to above.

49-O in it's new avatar hasn't been included in the Conduct of Electoral Rules yet. The decision on the same is pending before the SCI.

Previous Hindu article on the same.
 

cyberwiz

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ok that much more clear now that u have specified the correct year and the correct statute.s49-0 and consti got me confused.. :unsure: But clearly its not something that has/is being implemented..PUCL says matter is subjudice but couldnt find any refernce to case on net..or any idea as to what is the legal controversy..
 
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