Javy Writes Here

November 29, 2007

49-O in Constitution of India : I VOTE NOBODY

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…

Use your voting right for a better INDIA

Reference:
Website of Ministry of Law & Justice :  http://lawmin.nic.in/ld/subord/cer1.htm  : Search for ’49-O’ in this page

24 Comments »

  1. Hi,

    i read this article and not fully sure about his fact because there are so many article regarding this issue.

    so this is defficult to beleive in this post.

    but if it is true then that must be known by all.

    Comment by abhishek — May 22, 2008 @ 4:22 am | Reply

  2. Abhishek, its mentioned in the Election Commission’s website.
    Check “www.eci.gov.in”

    Comment by javywrites — June 17, 2008 @ 4:42 am | Reply

  3. i hav 2 clarified.

    Comment by bineesh — August 27, 2008 @ 11:06 am | Reply

  4. Here is a link to the document on the Election Commission’s website – that refers to this option that can be exercised by a voter. http://www.eci.gov.in/PROPOSED_ELECTORAL_REFORMS.pdf. Specifically, see Section 7 on Negative/Neutral voting.

    The principal issue I see regarding this option is that the voter is required to identify himself to the polling officials in order to declare that he refuses to vote. As the document clearly indicates, the secrecy of voting is not protected through this mechanism. In many locations, this could prove fatal to the voter. As recommended in the article, the option of dropping an unmarked ballot into the box is probably better (from a personal safety perspective) for the voter. But it may not be good for the overall voting process if the ballot box ends up being manipulated at a later time.

    The final paragraph in bold in that document is an electoral reform being proposed by the EC to the Prime Minister. I doubt very much that it is a law at this stage. Also note that the document goes on to say that such a proposal was made in 2001 by the EC – if they are making this proposal again, clearly, it did not have much impact on the powers that be at that time. Maybe Dr.Manmohan Singh will have the fortitude to sign this into law.

    The final statement in that paragraph is that there is already a case pending in the Supreme Court regarding this issue.

    Comment by Prasanna — December 1, 2008 @ 3:44 pm | Reply

  5. Even though there is a provision for not voting, we should not discuss this
    as already there are many who do not wish to fulfil their constitutional duty.
    This section will help them firm up their point.

    Vote is a tool a weapon in the hand of voter and he should use it judiciously.

    Comment by Rajinder Katoch — December 2, 2008 @ 8:37 am | Reply

  6. […] who is standing for our elections are eligible to rule over us! Yes, we can do so! It’s called Rule […]

    Pingback by What role did we play in the Mumbai terror attack (guest post) « A wide angle view of India — December 2, 2008 @ 1:14 pm | Reply

  7. This Should be their in our constitution as it is really the need of the our for our generation. the option should be made in the electronic voting procedure where the voter’s safety will be ensured.
    As soon as it is being added to our law should come into notice …….

    Comment by Anjali — December 2, 2008 @ 1:30 pm | Reply

  8. Hi. While I do believe that this is a constitutional right, I really dont think that NOT voting for anybody will make India a better democracy.

    People should be encouraged to take interest in the system and VOTE. Not to pull out 49-O and generalize by not voting.

    Comment by Trailblazer — December 3, 2008 @ 9:29 am | Reply

  9. I also think that there is no such law right now.Go thro the PDF http://www.eci.gov.in/PROPOSED_ELECTORAL_REFORMS.pdf
    u will come to know that there is such law exists right now.

    Comment by Aayush — December 3, 2008 @ 11:41 am | Reply

  10. I also think that there is no such law right now.Go thro the PDF u will come to know that there is such law exists right now.

    Comment by Aayush — December 3, 2008 @ 11:44 am | Reply

  11. It could be correct….but don’t go around telling people not to vote. If people don’t vote, what will happen to the Political situation in India. There may be good and bad politicians but politicians ARE needed to run the nation.

    I doubt if their candidature will be cancelled if 123 voters vote “not to vote” because any political party can easily stop a candidate by “buying” 123 voters to vote “not to vote”

    one needs to think about aspects from different angles in terms of the effect which such actions could create.

    Let’s be content with politicians performing well and not vote those who do not perform….forget about which party.

    Comment by Jeevan Stephen — December 4, 2008 @ 5:06 pm | Reply

  12. This information is probably incorrect.
    I trust wikipedia more than this site and this is what it has to say
    http://en.wikipedia.org/wiki/49-O

    Comment by Shubh — December 5, 2008 @ 7:49 am | Reply

  13. Hey we need to spread this news to more & more people through print & electronic media. Specially to those people who vote sincerely hoping some positive change in our system.

    Comment by Bhushan Ghate — December 10, 2008 @ 2:48 pm | Reply

  14. i will fallow it first if i come to know or i get sure about it….

    Comment by manish — December 30, 2008 @ 5:31 am | Reply

  15. I really admire the geniuses who have left their footprints here. Has anyone heard of Google?
    Go to http://lawmin.nic.in/coi/coiason29july08.pdf, download the constitution of India (as on 29 Jul 08), and you will see that all your guesses and theories are just DISTILLED BULLSHIT. There is no such thing as 49-O in the Indian constitution. Who was that lunatic imbecile who started this shit in the first place I would like to know.
    The trouble with us bloody Indians is that we believe anything. Three years ago, we had one fart from Bihar (and his parents and his teacher) who successfully conned everyone into believing he had written a NASA (man o man) exam which only APJ Kalam and Kalpana Chawla had taken. He landed an interview with Manmohan Singh, no less, and it as only when an officer from the PMO wrote to NASA that the whole thing blew up in our faces. We Indians never learn.
    If we want to do something, let us actually do it. Tell me, how many of us have voted in elections? OK, forget it, how many of us actually have a voter’s ID.
    Those who feel strongly about this may call me at +91-98404-58652.
    49-O my ass.

    Comment by Ramdas Menon — January 7, 2009 @ 6:58 am | Reply

  16. This is very funny. How 123 voters can decide this. This is some thing contradictory if the statement is true.

    The option should be if there are more no of voters demand not to vote than No 1 candidate who secure highest positive votes, the may be should be canclelled.

    Nitin Joglekar

    Comment by Nitin Joglekar — March 23, 2009 @ 10:17 am | Reply

  17. Those who doubt(@Abhishek, @Ayush @Shubh, @Ramdas Menon..) the existence of such a thing called “49-0” please check what the former Chief Election Commissioner N Gopalaswami has to say:

    Article on “The Hindu”, dated (April 21,’09)
    http://www.hindu.com/thehindu/holnus/002200904211712.htm


    Excerpt:
    “”There is already a provision in the law to opt for 49 form (O) but there is no button for it (on EVM). But we should not overemphasise this negative voting,” he said at a function organised by the Indian Women’s Press Corps.

    “The purpose is to choose a person and it should not be taken to an extreme where everybody decides nobody is fit. If we press the button, it would be a extreme view,” he added. “..

    —–

    Comment by javywrites — April 21, 2009 @ 4:59 pm | Reply

  18. hi, i want more information about 49-0
    if i want to like vote anybody how will i use 49-o
    its first time for me.so, please help to use
    mobile n0 _ 09025897053

    by

    manjunathan

    Comment by manjunathan — April 25, 2009 @ 10:29 am | Reply

  19. please help me to use 49-0

    Comment by manjunathan — April 25, 2009 @ 10:30 am | Reply

  20. why such an availability of our constitution is not published in the public interest? Better late than never!!! Let us use this tool as our right!!!!

    Comment by N. Prakash — May 4, 2009 @ 10:34 am | Reply

  21. person voting under 49-O should not be disclosed publicly i.e. there must be some extra provision in E B M

    Comment by Narendra Upadhyay — May 10, 2009 @ 1:22 am | Reply

  22. really excellent given by the geniuses of constitution….
    but not many are aware of this provision
    so adequate steps need to be taken for spreading such an information.

    Comment by harsimrat dhanjal — June 8, 2009 @ 12:44 pm | Reply

  23. Sir, I don’t know from where u have gathered all this information, but its all wrong. Rule 49-O does not lead to any re-polling. what, sir, u are talking about is negative voting, which is not present in india as yet. please make sure u verify all ur facts before publishing a blog on the net.

    Comment by Saurabh — June 20, 2009 @ 1:33 pm | Reply

  24. I am following this procedure from Loksabha election 2009. That time there was no problem in the procedure.
    But during State election, there was no form nor any register to vote. I was hooted by public, other voters, candidates rep. Even I got a threat for arrest from Chie Election Office of Kasba Constitancy (215) Shri Prakash Kadam (ERO) while speaking with him on Section officer No.4 Mr. Naravade. Mob.:+919421058872. I have a written paper note duely signed by sector officer and some part is recorded on video by him. Conversation on phone can be got if required by the authority from telephone company providing service.

    My quastion is “If the candidate is not doing any work and they are famous for such fact then why I should not excersise this right”?

    There has to be a button for this reading “Candidate’s Name” – 49 – O

    If some party member wants to take advantage of this button then it is best known fact why he is doing this.

    Comment by Sharad Phadke — October 13, 2009 @ 10:51 am | Reply


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