Recently, as well as on quite a few occasions in the past, every time our leaders failed in their responsibilities, a string of forward emails used to go through all of ours inbox. This forward is with regard to Rule49-O which allegedly states the power of "Negative Voting". This interpretation is Grossly Wrong and misconceived. For those of you who have not received this forward, I am sure you shortly will, until then for your convenience I hereinbelow reproduce the same:-
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!
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 canceled and will have to be re-polled. Not only that, but the candidature of the contestants will be removed and they cannot con test the re-polling, since people had already expressed their decision on them.
However there has been a slip between the cup and the lip. There is a Rule 49-O, which exists under The Conduct of Election Rules, 1961 (Click here for the Rules. You will find the rule on page 27). This Rules states the following:-
"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."
This Rule simply states that the Voter has an option of not giving his or her vote to anybody. It just allows the person to register/record that he or she has voted and that vote has not gone to anyone. This per se does not have the effect of "Negative Voting" so to speak. This does not amount to cancelling the candidature or removing the contestant from the ballot and bar him or her to stand for the position again.
There are two flaws that come into play at this juncture:-
1) The Representation of Peoples Act, 1951, states that the vote of every individual is to be confidential and noone has to come to know for whom is he or she voting or not voting. However Rule 49-O is in direct conflict with this Act as in case you decide not to vote, you will have to inform the presiding election officer about the same and accordingly get him or her self registered.
2) Though you might, just might, end up finding this option of voting on paper ballots, the same is not true for the electronic system of voting. There is no such option on the EVM system, thus your vote or no vote would end up being public.
At this point it would be pertinent to draw our attention to the proposal which was placed before before our Government in 2001 and 2004 it reads as follows:-
(Click here to view the said proposal made by the Election Commission of India, you will find it on page 15)
"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 Peoples Union for Civil Liberties seeking such a provision filed at the time of the recent general elections is pending before the Honble Supreme Court)"
In view of the above, if I may shed some light, there is no provision for disqualifying a candidate and barring him from standing for the position in the future.
Futher on, using the language used in our forwards, I would like to say:- Spread the word around let people know about this clarification and the least that can be done is make the Government approve the aforesaid proposal which has been lying idle since 2001.
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