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| Section 49-0 of Indian Constitution | Views: 1100 |
| Aug 28, 2006 11:10 am | | Section 49-0 of Indian Constitution | # |
Dharmaraj Mungoore | | Can someone confirm if this is true ?
Regards,
- dharma
===========================================
Section 49-O of the Indian Constitution
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 leaders have never disclosed it.
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 more than 123 "49-O" votes, then that polling will be cancelled and will have to be re-polled. Not only that, the candidature of the contestant would be removed and they cannot recontest, since people had already expressed their decision on them.
This would instill some fear inthe political parties who would look for genuine candidates for their parties for election. This [ c ould change the way of our whole political system. It seems surprising why the election commission has not revealed such aprovision 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 powerxpressing your desire not to vote for anybody is 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 use this power to save our nation"
Link: http://www.ndtv.com/mb/readreply.asp?topicid=760&tablename=TV&id=17424
Private Reply to Dharmaraj Mungoore |
| Aug 28, 2006 11:23 am | | re: Section 49-0 of Indian Constitution | # |
sathya says .. .... | | Hi dharma
I know that we can go to a polling booth and "vote" for " no one" ..but i dont about the numbers "123" leading to disqualification of the candidate.. Private Reply to sathya says .. .... |
| Aug 28, 2006 11:26 am | | re: Section 49-0 of Indian Constitution | # |
Sumanth Cidambi | | Its bullshit insofar as...
Firstly, the Indian Constitution comprises Articles, not sections...
Secondly, there is no Section 49-0. Article 49 of the Indian Constitution deals with "Protection of monuments and places and objects of national importance". The said Article does not contain any sub-articles.
Thirdly, Articles 324 through 329 deal with elections and their conduct. I read these after seeing this post and they do not contain any such provisions referred to below.
Lastly, I am not a constitutional lawyer but I do not believe either our Constitution or any rules framed thereunder (by the Election Commission or any other competent authority) would have contained this sort of a legislation to invalidate an election.
I would gladly suffer a correction of my last expressed view but will be disappointed as well if it were true as I then believe there have to be better safeguards in our electoral process.
Cheers
S
Private Reply to Sumanth Cidambi |
| Aug 28, 2006 11:39 am | | re: re: Section 49-0 of Indian Constitution | # |
Sumanth Cidambi | | I did some more digging. It actually exists and is actually contained in Rule 49-O, Conduct of Election Rules, 1961 which states as below.
"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."
Methinks, I have been corrected and am now hoisted by my own petard. I experience a strong sense of disappointment as well as I write this. I do not know why our learned law makers decided to write this provision into the electoral process.
Cheers
SPrivate Reply to Sumanth Cidambi |
| Aug 28, 2006 3:53 pm | | re: re: re: Section 49-0 of Indian Constitution | # |
Anurag Mathur | | BRAVO FOR Rule 49-0
Its your last hope to save the nation !
Cheers
Anurag
Private Reply to Anurag Mathur |
| Aug 28, 2006 3:58 pm | | re: re: re: re: Section 49-0 of Indian Constitution | # |
SOEB FATEHI | | unconstitutional rule Private Reply to SOEB FATEHI |
| Aug 28, 2006 5:34 pm | | re: re: re: re: re: Section 49-0 of Indian Constitution | # |
jvyas | | why unconstitutional soeb bhai?
I think its a good rule. Atleast we get an opportunity to let the political parties know that we dont support the candidates they are offering. I have a few times voted to the least offensive candidate just because of lack of better alternatives.Private Reply to jvyas |
| Aug 28, 2006 5:50 pm | | re: re: re: re: re: re: Section 49-0 of Indian Constitution | # |
SOEB FATEHI | | simple yaar simple . . .
the essence of an adult, independant, free and fair electoral process revolves around secrecy or the ballot and this is violated by this procedure
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a blank unmarked ballot conveys exactly the same thing without revealing the identity of the person who has cast it Private Reply to SOEB FATEHI |
| Aug 29, 2006 1:40 am | | re: re: re: re: re: re: re: Section 49-0 of Indian Constitution | # |
Sumanth Cidambi | | i agree with soeb's observation... that is why i was disappointed in the first place :-(
Private Reply to Sumanth Cidambi |
| Aug 31, 2006 10:04 am | | Section 49-0 of Indian Constitution | # |
Rikky Gupta | | I differ with Soeb's Opinion on this point.
I am posting the relevant text of the post for views of fellow ryzers.
The Conduct Of Election Rules, 1961
CHAPTER II
Voting by Electronic Voting Machines.
Rule 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 No.-17A and had put his signatures or thumb impression thereon as required under Sub-Rule (1)of Rule 49 L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form No. 17A by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.
Rule 49 L.
Procedure for voting by voting machine.
(1) Before permitting an elector to vote, the Polling Office shall-
a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of votes in Form No.-17A.
(b) obtain the signature or the thumb impression of the elector on the said register of votes; and
(c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote.
Provided that no elector shall be allowed to vote unless he has his signatures or thumb impression of the elector on the register of votes.
-------------------------------------------------
Just consider these provisions and also the fact that once you have been alloted a ballot, you have to cast your vote and in case you cast an invalid vote or for that matter you leave it blank, the same shall be counter towards invalid votes and your protest shall not be registered.
Please comment on these to rest this issue once and on for all.
Thanks.
Rikky Gupta
Private Reply to Rikky Gupta |
| Aug 31, 2006 10:59 am | | re: Section 49-0 of Indian Constitution | # |
TipsyPam | | Rikky, I'm with you :) Private Reply to TipsyPam |
| Aug 31, 2006 11:28 am | | re: Section 49-0 of Indian Constitution | # |
Basab Ghosh | | This is quite complex!
Rikky is right, and so are the concerns of Soeb. So what is the solution?
It is a fact that many do not know of this provision and deliberately cast their votes either blank or marked on more than one candidate, so that these are rejected, and no one else can give a proxy vote in his / her name.Private Reply to Basab Ghosh |
| Aug 31, 2006 4:28 pm | | re: re: Section 49-0 of Indian Constitution | # |
Manpreet Singh Kalsey | | Our voting system is not secret at all. As mentioned by Rikki and experienced by myself. In fact I have walked out of the booth the ist time because of the lack of secrecy.
We definitely have a right to secrecy and to make it clear to the political parties aout our displeasure about the candidates and their policies/leanings.....
Private Reply to Manpreet Singh Kalsey |
| Aug 31, 2006 4:34 pm | | re: re: re: Section 49-0 of Indian Constitution | # |
Basab Ghosh | | I was wondering... does secrecy really matter when so many millions are voting? Who is going to remember who you voted for? Why should you like to keep it a secret? Private Reply to Basab Ghosh |
| Sep 01, 2006 5:59 am | | Section 49-0 of Indian Constitution | # |
Rikky Gupta | | It is a difficult question to answer Basab.
Though if you are not voting for any candidate, the question of secrecy, may not be that important at all ..
Secrecy does not mean complete secrecy, it only means that your choice of candidate is kept secret but not where you have not chosen any candidate at all.
Consider this also that for your protest to translate into recall of the lecetion, the percentage of people protesting has to be above 50% and not simply a majority which is required by a candidate to win.
These are my views only..
Would request fellow ryzers to comment and correct me, if i am wrong.
RikkyPrivate Reply to Rikky Gupta |
| Sep 01, 2006 7:43 am | | re: Section 49-0 of Indian Constitution | # |
Manpreet Singh Kalsey | | Secrecy is an absolute must. Remember we have millions of people who are forced to vote for a candidate not of their choice. They do not have the guts nor the wherewithal to even resist the people who force them to vote wrongly.
Why does our constitution/ governement call it the secret ballot in the largest democracy in the world, when it is not a secret ballot. Where does your democratic right to not have to tell anyone your political leanings go, if it is not a secret ballot?
Why should an unknown person know who I want to vote for? Why should I be in a position to be forced to vote for someone who is not my choice? Maybe I am wrong to want my right so veyry strongly but if the constitution guarantees it then why should a babu(?) have the right to take it away? AT whose discretion? Under whose sanction?
I think we all have a right to our views, leanings, freedom to chose, so on and so forth, else we are not living in a democratic country and India is no better than the autocracies that we all so like to hate and put down all the time.
Private Reply to Manpreet Singh Kalsey |
| Sep 01, 2006 9:28 am | | re: re: Section 49-0 of Indian Constitution | # |
Basab Ghosh | | Should we not look at the root of the malaise then and try to eradicate the evil of forced voting / proxy voting etc., rather than treating the symptoms? Private Reply to Basab Ghosh |
| Sep 01, 2006 10:06 am | | re: re: re: Section 49-0 of Indian Constitution | # |
Manpreet Singh Kalsey | | Agreed Basab, where does one start other than to ask these questions doubting the very premise that our demmocratic life is built around.
Look around at the lacunae that exists in every nook and corner and right in the open and then ask yourself(all of us) as to what we are even willing to do to even begin to try to solve these problems? Answer - NOTHING.
We are too busy trying to make a living and improve our own lot by going around the laws, rather than trying to find lasting solutions.
Expecting our political leaders to even address the problems is absolute wishful thinking. They have but one clear agenda - how to loot the country and rape every citizen to fill their own coffers.
I am not bitter about anything - just surprised at our own selves - even myself- as to how much we are willing to take things lying down.
As for Rule 49-0 - look at it dispassionately and you will find a lot of good in it too. Believe me the writers of the constitution, our law makers were not and are not fools - it is our ingrained habit of finding loopholes in everything which is letting the nation down.
Private Reply to Manpreet Singh Kalsey |
| Sep 01, 2006 12:06 pm | | re: re: re: re: Section 49-0 of Indian Constitution | # |
Rikky Gupta | | Manpreet..
I understand your need for a secret ballot when you are voting for a particular candidate but where yhou want to lodge protest and put a mark that you do not want to vote for any candidate, the whole idea of secrecy goes down the drain..
Rule 49 O does not define your rights, its only a matter of procedure and guidelines for the persons manning the Poll Boths.
Please think about it..
i am not disputing what you have said and i am not disputing your right for secrecy which even i strongly approve of..but the discussion here is about the import of the provisions which have been quoted.
Thanks. Private Reply to Rikky Gupta |
| Sep 01, 2006 6:20 pm | | re: re: re: re: re: Section 49-0 of Indian Constitution | # |
Manpreet Singh Kalsey | | Rikky,
The protest under the rule is perfect. Is it more important for identities to be known for the protest to be lodged? Unfortunately I dont seem to have understood the rule in its entirety, because our discussions seem to be going out of sync at times.
Anyway, individually I might not be so affected by the secrecy bit, it could be a matter of life and death for a lot of Indians - it is this lack of freedom - both as a right and against the constant fear that bothers me.
Look at what is happening in the country - no one- repeat no one is safe at the hands of the hooligans, power brokers et al. The worst thing is that the administration and the opposition are trying to shield the guilty - both their own and the others. The bloody cops have already lost a crucial piece of evidence - fast work one must say.
I am very happy to have had this discussion and look forward to many more - only I wish wwe all had the guts to do something about it too.
Thanks to you too for patiently going thru my ramblings.
Private Reply to Manpreet Singh Kalsey |
| Sep 04, 2006 7:56 pm | | re: re: re: re: re: re: Section 49-0 of Indian Constitution | # |
Sumanth Cidambi | | Bad officials are elected by good citizens who do not vote...
And more importantly, so many of us fail to assert the rights to which we are perfectly entitled because a right is a kind of power but we are too lazy or too cowardly to exercise it...
Cheers
S
Private Reply to Sumanth Cidambi |
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