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DID YOU KNOW?
by Shaikh Imtiyaz on Dec 05, 2008 06:31 PM   Permalink | Hide replies

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...
"Please forward this mail to as many as possible, so that we, the people of India , can really use this power

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  Re: DID YOU KNOW?
by Manoj Sharma on Dec 05, 2008 07:18 PM   Permalink
There is no 'Section 49-O' in our COnstitution (of 1969??????) Please be more clear in your research........Which Act are you referring to??? Constitution has Articles .......Please clarify & if possible paste a hyperlink..THNX

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  Re: Re: DID YOU KNOW?
by Jassu Bhai on Dec 05, 2008 07:30 PM   Permalink
IT IS NOT 1969 BUT :-
THE CONDUCT OF ELECTIONS RULES, 1961
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

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  Re: DID YOU KNOW?
by Idrees syed on Dec 05, 2008 08:03 PM   Permalink
Some recent articles and a Dedicated Website on Section 49-0 Falsely suggest that in case the number of votes recorded under Section 49-O is greater than the maximum number of votes polled in favour of any of the candidates, a repoll is held. However it is misleading since nothing to this effect is mentiond either in any of the sections of The Conduct of Elections Rules, 1961 or People's Representative Act nor can it can be constured reading Section 49-0 in conjuction with any other Section/ Act. In fact Post terrorist Attacks on Mumbai on 26th November 2008 an Urban Myth is being propogated through Internet that a Re-Poll will be held in case the number of No Votes under Section 49-O is more than the Margin of Victory.

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  Re: Re: DID YOU KNOW?
by Jassu Bhai on Dec 05, 2008 07:29 PM   Permalink
IT IS NOT 1969 BUT :-
THE CONDUCT OF ELECTIONS RULES, 1961
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
--------------------------------

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  Re: DID YOU KNOW?
by Idrees syed on Dec 05, 2008 08:04 PM   Permalink
Some recent articles and a Dedicated Website on Section 49-0 Falsely suggest that in case the number of votes recorded under Section 49-O is greater than the maximum number of votes polled in favour of any of the candidates, a repoll is held. However it is misleading since nothing to this effect is mentiond either in any of the sections of The Conduct of Elections Rules, 1961 or People's Representative Act nor can it can be constured reading Section 49-0 in conjuction with any other Section/ Act. In fact Post terrorist Attacks on Mumbai on 26th November 2008 an Urban Myth is being propogated through Internet that a Re-Poll will be held in case the number of No Votes under Section 49-O is more than the Margin of Victory.

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  Re: DID YOU KNOW?
by prabhat kumar on Dec 05, 2008 06:58 PM   Permalink
thanx very much for this information. i will certainly use this power in next election.

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  Re: DID YOU KNOW?
by rohit Nagpal on Dec 05, 2008 07:13 PM   Permalink
Good information Imtiyaz. I feel there is no difference between the terrorists killing people with guns openly and the politians. Most of the politians are anyways criminals. Terrorists are better in a way that they are smarter than politians.

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  Re: DID YOU KNOW?
by Sheetal Kaur on Dec 05, 2008 07:27 PM   Permalink
I have been reading the constitution there is nothing of that sort in there.
Can you guide me as to what page and clause it is in.
Election Chapter starts at Page 193 Clause 324 finishing at page 199 clause 329.
TELL US WHERE IT IS THE INFORMATION THAT YOU ARE POINTING AT.

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  Re: Re: DID YOU KNOW?
by Jassu Bhai on Dec 05, 2008 07:36 PM   Permalink
----------------------------------

But nowhere it is determined that an concluded number of such votes may lead to cancellation of polls and the candidates debarred from re-contesting .
Constitutional interpretation is very tricky in our Country !


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  Re: DID YOU KNOW?
by Master Comments on Dec 05, 2008 07:10 PM   Permalink
Its a hoax message. No such provision exists. Under 49-O, you are registered as a voter but you inform that you do not want to cast the vote and an entry is made accordingly. There is no rule which talks about the second part - getting the winner invalidated...
Its an appealing idea, but sorry, will have to wait till someone puts up an amendment to the clause.
As of now, just hope like hell that some sane chap is available as a candidate..

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  Re: Re: DID YOU KNOW?
by Idrees syed on Dec 05, 2008 08:06 PM   Permalink
Some recent articles and a Dedicated Website on Section 49-0 Falsely suggest that in case the number of votes recorded under Section 49-O is greater than the maximum number of votes polled in favour of any of the candidates, a repoll is held. However it is misleading since nothing to this effect is mentiond either in any of the sections of The Conduct of Elections Rules, 1961 or People's Representative Act nor can it can be constured reading Section 49-0 in conjuction with any other Section/ Act. In fact Post terrorist Attacks on Mumbai on 26th November 2008 an Urban Myth is being propogated through Internet that a Re-Poll will be held in case the number of No Votes under Section 49-O is more than the Margin of Victory.

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  Re: Re: DID YOU KNOW?
by Koduvayur on Dec 06, 2008 12:16 PM   Permalink
Master comments.. that was really a master comment. thanks

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http://www.rediff.com/news/2008/dec/05mumterror-why-terrorists-used-satellite-phones.htm