Section 49-O

The question, "Can we protest against the incompetency of candidates facing the election", I asked in my last blog seemed to have got answered today. I received a chain mail describing about section 49-O. The verse goes like this

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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 the 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 for 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...

"Please forward this mail to as many as possible, so that we, the people of India , can really use"

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I would like to set some facts straight and clear some dark cloud around the section of 49-O.

a) There is no system in our constitution with section called 49-O

b) There certainly are two amendments to 1969 ACTs namely 22nd & 23rd referring to anything other than electoral provisions

c) The section 49-O does exist in the bye-laws of election volume II. It states 

"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."

The difference definitely is in interpretation. The former states "I vote No Body" & bye law "Elector deciding not to vote". Though people can caste their vote in form 17A it is as good as not casting the vote. Apparently the counting method is not at all empirical. The vote count ignores the invalid vote and counts the total number of valid votes against each candidate. The bye-law no where has any further mention of the said section.

The faux interpretation in the chain mail was misleading and hurting in nature to many people as their emotional quotient has never been as high. The slightest of light in dark tunnel sends the false message of nearing the end of tunnel.

Last words "Desist from broadcasting wrong messages without correct connotations"