12 responses so far ↓

• 1 GeoaurGeenaydo // Dec 5, 2007 at 6:26 pm

  Any legal expert here ?

• 2 Khan Jee // Dec 5, 2007 at 6:27 pm

  Any legal expert here ?

• 3 Hashim // Dec 5, 2007 at 6:39 pm

  If this is true, I would like to know the exact procedure… what do I do once I reach the ballot? There is no option for “nobody” or 49-O on the vote paper!

• 4 Teeth Maestro // Dec 5, 2007 at 9:34 pm

  Sadly its an option available in the Indian Constitution and there is NO provision in the Constitution of Pakistan.

  So no use worrying about the ifs and buts - we must BOYCOTT

• 5 Emergency Mailing List // Dec 13, 2007 at 3:26 pm

  Dear All,

  We had earlier sent an inquiry regarding Article 49-0 and whether what a widely circulated email was reliable. In addition we also wanted to confirm if there actually was some provision in the Constitution of Pakistan for “choosing NOT to vote”. We must thank you all for you for your swift and informative responses. In conclusion:

  - The Article 49-0 (0=number) belongs to the Indian Constitution and not Pakistani Constitution.

  - The Article 49-O (O=alphabet) is in the Pakistani constitution and deals with succession in case the President is incapacitated.

  - There is NO such provision (to the best of our knowledge) in the Pakistani constitution for “choosing not to vote”

  And as Assad Zulfiqar put it, votes cast under 49-O (if it ever existed) will be given to the King’s Party under current circumstances.

  We thank everyone who responded swiftly to this especially Samar Abbas, Asad Umar, Assad Zulfiqar, Javaid Aziz, Sabahat Ashraf, Zahid Ebrahim and everyone else who researched and responded.

  Please notify people who like us received this email in error.

  In complete solidarity (and truth)!

  SK

• 6 Manish // Jan 10, 2008 at 4:24 pm

  I would definately be interested in knowing about the provision in the Indian Constitution. This can create an unrest and be instrumental in removing corruption to quiet an extent. We can adopt a systematic approach in promoting this and can try to convince the election commission to have this printed on the ballot papers in case if someone wishes to exercise his / her right. Just by telling the booth officer, does not serve the purpose.

  Regards.

  Manish
  9811153104

• 7 Anil Xavier // Jul 31, 2008 at 11:09 am

  Dear All,

  It is quite unfortunate that news is spread around giving inaccurate and false information to the public. Every one knows that Indian Constitution does not mention about any Section, but only Articles. In Indian Constitution there is no Sec. 49-0, leave alone Article 49-0. Article 49 of the Constitution of India deals with protection of historical monuments. The news further states that it is as per the 1969 Act. Which is the so called 1969 Act?

  The fact is as follows:

  Section 49-O is a section coming under the Conduct of Election Rules, 1961. It has nothing to do with the Constitution of India. It reads as follows:

  “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 49-L, 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 is only a provision for abstaining from voting or at the best negative voting. It does not provide for cancellation of polling if the 49-0 votes are more than the candidate’s majority or provide that the candidature of the contestants will be removed and they cannot contest the re-polling, since people had already expressed their decision on them.

  In fact in the PROPOSED ELECTORAL REFORMS by the Election Commission of India, which was forwarded to the Prime Minister of India on 05/07/2004, the following reform was proposed;

  “7. 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 People.s Union for Civil Liberties seeking such a provision filed at the time of the recent general elections is pending before the Hon’ble Supreme Court)”

  This is the actual fact. SO PLEASE DON’T SPREAD MESSAGES WITHOUT CHECKING THE AUTHENTICITY.

  Regards,
  Anil Xavier.

• 8 Harish Puri // Nov 27, 2008 at 7:46 am

  I am glad that Anil Xavier has explained the position clearly. We do not know the originator of the misleading information. The right thing is to make a demand and campaign for inclusion of such a provision by amendment made to the Election Rules 1961 under section 49.

• 9 Karuna Das // Dec 4, 2008 at 2:34 pm

  Thanks Mr. Xavier for correct information. Now it is high time to pressurise appropriate authorities to induct such a provision in our election process.

• 10 S Baliga // Dec 5, 2008 at 8:52 am

  When each one of the contestants are “Non-Votable”, we are left with no option (right now) but to abstain from voting. This india-wide movement must also focus on providing all such people (like me) the right to vote “negatively”. So we should raise our voice to bring in this facility as part of the electoral reforms.

• 11 vinay kumar jha // Dec 10, 2008 at 4:01 pm

  our leaders are no-leaders but are thieves who work and exert to earn vote for money ad thereon money for votes. Further we are too fools since we sale ourselves for petty and personael gains and forget that the nation we inhabit seeks contributions of our sincerities, honesties, and hardworking to further successes and developments of all people.

• 12 Er.LASTMAN OF INDIA // May 9, 2009 at 11:36 pm

  I HAVE REFUSED TO CAST THE VOTE AS I DIDNOT FOUND ANY SUITABLE CANDIDATE FROM MY CONSTITUENCY KANNOUJ.
  I HAVE DONE IT
  NOW ITS YOUR TERM MAY BE AFTER 5 YEARS
  I AM SURE NEXT TIME THIS SECTION OF THE VOTER WILL BECOME DECIDING FACTOR INSTEAD OF POLITICIANS WHO ALWAYS DO THE WRONG THING TO GET THERE WAY CLEAR
  THIS IS WARNING TO THE POLITICIANS BE WARE OF YOUR DEEDS OTHERWISE SOME DAY WILL COME WHEN THOSE 50% WHO DONT GO TO CAST THERE VOTE TO MAKE YOU THE KING OR KING MAKER. WILL STAND UP UNITIDLY AGAINST YOU TO CHOOSE BETTER OPTION AMONG THEMSELVES
  THANKS
  Er.LASTMAN OF INDIA
  lastmanofindia@live.in
  9307927133

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