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Updated 03:29 am - 1st April 2009
49-O.INFO was launched on 4-12-2008 to get the substance of Rule 49-O of the Conduct of Elections across to as many Indians as possible. Its very funny that we discovered, over following 3 days, that someone, during an extensive chain mail campaign, decided to add a clause that in fact never existed!
The forwarded mail suggests that if the number of people who invoke the right to 49-o is more than the winning candidates vote count, a re-poll is ordered with something amounting to a permanent ban on the previous candidature. This part of the chain mail is NOT TRUE !
49-o.Info was created to increase the visibility of the rule, and that still remains policy, albeit, in a different direction. So here it is, a distinct motive change by this website.
THIS PAGE IS STILL THE BEGINNING AND END OF THIS WEBSITE. WE WANT TO GET THE RIGHT INFORMATION ACROSS TO THE RIGHT PEOPLE. ALL WE NEED YOU TO DO IS CAREFULLY READ THIS CLARIFICATION …
What is Rule 49-O of the Conduct of Elections, in a nutshell?
There are a couple of different explanations that people have adopted to make sense of 49-O, the one we found most convincing was posted by a Lawyer based in Mumbai. I’ve tried to keep this as simple as possible, so as not to read like a government regulation.
Prior to 1992, India voted physically, not electronically. So every single vote was accounted for on paper, given the fact that the voter was signed into the polling station physically and a ballot paper with the selected candidate was physically accepted from him/her. Today, India votes electronically.
Now given the present scenario, a voter is physically signed into the station but votes privately, by pressing a button on the EVM (Electronic Voting Machine). What stops him from NOT pressing that button in the event that he doesn’t wish to vote for the contesting candidature. This STILL isn't where the problem lies. Now you have X number of people signed in, and X-1 votes. Nobody can trace who didn’t vote, hence that vote can be misused. It is for this reason that Rule 49-O exists. Via this rule, a voter is given an opportunity to sign a separate form (Form 17-A), and submit it to the presiding officer, thereby putting this decision on record. This clears up the haze when votes are being tallied.
And this is by far, the only purpose of Rule 49-o of the Conduct of Elections in India. For all of you who liked the e-mail HOAX better, read on …
The Election commission, since 2001, has submitted two proposals requesting that a separate option to this effect be provided in the electronic voting portal itself. Nothing’s moved so far! But our point is, if it can get that simple and we do have a sizable number of people using the option, can’t we file a petition requesting an amendment be made to Rule 49-O?
I’m hoping some people who are better informed can comment on this line of thought.
To start with, all willing to sign this petition may send in their responses to saveindia@49-o.Info with ‘WILLING TO SIGN PETITION’ in the subject line. We’ll keep your e-mail addresses handy and get in touch with you as soon as we have confirmation that the move is viable. Don’t worry about signature compilation, we’ll take care of that.
I’ve said what I had to say. Thanks for your time. You may send me your views/feedback at saveindia@49-o.info
Update: 02:49 pm - 8th December 2008 - Information courtesy WebIndia123 The Election Commission (EC) today said even if the number of voters who refrained from voting is higher than the margin of the winning candidate, the election cannot be declared invalid. The Commission note said under Rule 49-O, voters has an option not to vote in 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 (RO) shall there upon make a note to that effect against the name of the voter and obtain his signature or the thumb impression in case of an illiterate. In such case, the voters who exercise the option of not voting in the election under Rule 49-O would only be deemed to have abstained themselves from voting under the law, the candidate who secures highest number of valid votes polled, irrespective of his winning margin, is declared elected, the Commission note added.
Update: 03:29 am - 1st April 2009 - Information courtesy Election Commission of India - No.ECI/PN/35/2008 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. |
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