49-O
Encyclopedia
Rule 49-O is a rule in The Conduct of Elections Rules, 1961 of India
, which governs elections in the country. It describes the procedure to be followed when a valid voter decides not to cast his vote, and decides to record this fact. The apparent purpose of this section is to prevent the election fraud or the misuse of votes.
/
paper / Electronic voting machine (EVM) contains only the list of candidates, a voter cannot record his vote under Section 49-O directly. He must inform the presiding officer
at the election booth. This violates the secrecy of the ballot. However, with paper ballot a different method is used to "waste" ones vote, which is stamping on multiple candidates. In fact this was the standard method of giving null votes without violating secrecy before the advent of the EVM.
At present, in an election, a winner will be declared irrespective of the number of 'non-votes'. However, a note of every 'non-vote' will be made with the Election Officer, and the total number of non-voters will, presumably, be available under the Right to Information Act
.
, Dr. Manmohan Singh the then Chief Election Commissioner of India
, T.S. Krishnamurthy, suggested the following:
NEGATIVE / NEUTRAL VOTING/JINGLY
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 in as much 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 provision 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).
allows voters to vote "against all" candidates
.
The proposals of negative voting by the election commission and annulment of polling if neutral votes exceed those of the winning candidate have been criticised by experts.
It is the duty of every citizen to educate himself / herself about the agenda of the candidates and to vote conscientiously for the candidate they think is better. The very purpose of an election is that the representatives should be chosen by the people. Encouraging people not to express their preferred candidate goes against the intended purpose. For this reason, voting is compulsory by law in Australia
. Also, annulling an election would result in much waste of public funds spent to conduct polls.
It has been reported that activist Anna Hazare
supports the 'Right Not To Vote'.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, which governs elections in the country. It describes the procedure to be followed when a valid voter decides not to cast his vote, and decides to record this fact. The apparent purpose of this section is to prevent the election fraud or the misuse of votes.
Text of Rule 49-O
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./
Present Implications of Rule 49-O
Since the ballotBallot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
paper / Electronic voting machine (EVM) contains only the list of candidates, a voter cannot record his vote under Section 49-O directly. He must inform the presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
at the election booth. This violates the secrecy of the ballot. However, with paper ballot a different method is used to "waste" ones vote, which is stamping on multiple candidates. In fact this was the standard method of giving null votes without violating secrecy before the advent of the EVM.
At present, in an election, a winner will be declared irrespective of the number of 'non-votes'. However, a note of every 'non-vote' will be made with the Election Officer, and the total number of non-voters will, presumably, be available under the Right to Information Act
Right to Information Act
The Right to Information Act 2005 is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act...
.
Proposals by the Election Commission of India
Among the proposed electoral reforms submitted in 2004 to the then Prime MinisterPrime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
, Dr. Manmohan Singh the then Chief Election Commissioner of India
Chief Election Commissioner of India
The Chief Election Commissioner heads the Election Commission of India, a body constitutionally empowered to conduct free and fair elections to the national and state legislatures...
, T.S. Krishnamurthy, suggested the following:
NEGATIVE / NEUTRAL VOTING/JINGLY
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 in as much 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 provision 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).
Disqualification hoax
A hoax has been circulating which claims that if the '49-O' votes more than those of the winning candidate, then that poll will be canceled and will have to be re-polled. Furthermore, it claims that the contestants will be banned and they cannot contest the re-polling for their lifetime. This is false and has no basis whatsoever. Please see/read this/here for clarification.Criticism of proposals regarding negative voting and annulment of polling due to neutral votes
An argument in favour of provision of neutral voting is that it ensures the individual's freedom to choose whether or not to vote. RussiaRussia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
allows voters to vote "against all" candidates
None of the above
None of the Above or against all is a ballot option in some jurisdictions or organizations, designed to allow the voter to indicate disapproval of all of the candidates in a voting system...
.
The proposals of negative voting by the election commission and annulment of polling if neutral votes exceed those of the winning candidate have been criticised by experts.
It is the duty of every citizen to educate himself / herself about the agenda of the candidates and to vote conscientiously for the candidate they think is better. The very purpose of an election is that the representatives should be chosen by the people. Encouraging people not to express their preferred candidate goes against the intended purpose. For this reason, voting is compulsory by law in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. Also, annulling an election would result in much waste of public funds spent to conduct polls.
It has been reported that activist Anna Hazare
Anna Hazare
Kisan Baburao Hazare , popularly known as Anna Hazare is an Indian social activist and a prominent leader in the 2011 Indian anti-corruption movement, using nonviolent methods following the teachings of Mahatma Gandhi...
supports the 'Right Not To Vote'.