A vital info!!!

Hi everyone,

It's voting time and there has been a particular mail being bombarded/forwarded to me since past two-three months. The mail says this: as per the 1969 act, in section " 49-O" a person can go to the polling booth, Confirm their identity, get their finger marked and convey the presiding election officer that they do not wish to vote anyone!

The mail further states that: if a candidate wins, say by 123 votes, and if that particular ward has received "49-O" votes more than 123, then that polling will be canceled and will have to be re-polled. Also the candidature of the contestants will be removed and they cannot contest the re-polling, since people have already given out their verdict.

At first this sounded cool to me. I was determined to do this. But then I was told that the section 49-O has been widely misinterpreted by someone. The real utility of Section 49-O has been stated in this website. Check it out:

http://mutiny.in/2008/12/07/the-real-deal-behind-49-0/

However, it would be better to personally ask your presiding officer if such a rule exists. I asked a lady who belongs to a particular party. I was not surprised when she admitted that she was ignorant about it.

If any of you are voting, please do re-confirm with somebody about this. Thanks!

21 comments:

Scattered Thoughts... said...

Yeah.. that is kind of confusing..when I wrote a post about it on my website, i tried to do some research on this part including writing several emails to election commission but never heard back (which was quite obvious, they have a website running, isn't that a great deal in itself that we expect them to reply to our emails) the least I could figure out was that the decision is still pending in the scenario when "none" votes are greater than votes to the winning candidate.. some of them claim that a certain committee has suggested the option of re-poll and all that but no action so far..

Scattered Thoughts... said...

Oh BTW, your intro is cool :)) even better than some of the posts ;) *pun intended*

gayathri-vishwanathan said...

Hi scattered thoughts...I wrote this post only after reading what u had written. There is hell lot of confusion surrounding this. I guess I will know the truth only on 30th april, when i go to vote.

And yes i know some of my posts are not that good...but as I stated in my intro...I write blogs mainly when my frustration reaches it's peak...and in frustration i gulp down some words, some sentences and write anything and everything without proof-reading it.

Thanks for visiting my blogshaala...Keep visiting!!!

garima said...

heheheheh .yaar I have always hated this subject - civics..even in school, this civics class used to be torture for me... so please forgive me I wont check this link even though its gonna add to my small GK! ;D

A S said...

heheheheh .yaar I have always hated this subject - civics..even in school, this civics class used to be torture for me... so please forgive me I wont check this link even though its gonna add to my small GK! ;D

gayathri-vishwanathan said...

@AS aka garima?? I was equally bad in civics...option mein chodke aati thi :)

bas there was wide misinterpretation about this section...so thought of clarifying it.

DPhatsez said...

u voted? :)

gayathri-vishwanathan said...

@DPhatsez: it's on 30th april here in mumbai, will vote then!

raMmY said...

hey remember i once wrote the same 49-0 thingy in one of ur blogs??... you had told me that its removed from the constitution!... i think there should be a common forum/website where all the rights and available clauses will be listed. Else another option is the RTI .( we can file a petition aking for all the clauses with in the electoral system- publishable clauses) But again as usual like other GOVT stuff..that takes time!

So any law students/practitioners can help here i guess!So all u honorable lawyers plzz clarify this doubt :)

cheers!
rammy

Vinnie said...

:)
me too got this info from ST, we would know on 30th i guess:)
i am yet to read ur older posts...dont quite trust ST here!

Unknown!!! said...

Guru is in rebel mode here :D.
I've heard about the rule and felt it made sense..sad to see the way it is being implemented.. Thanks to my internship..I cldnt cast my vote...I think proxy should be allowed for MBA students also..
@Vinnie...pls read the previous posts at ur own risk.. keep some aspirin with u..just in case u may need them...

gayathri-vishwanathan said...

@rammy seriously man...hope somebody gives us the correct info...its so misleading and so confusing. I guess i will ask them only when i go to vote.

@vinnie...thanks for dropping in...we can't blame st here...even i thought such a thing exists until i was told that it is something very different...yes we need to wait till april 30th...

@unknown...i will seel aspirin, cyanide everything to you. bataa what u want :)

Parikshith Kumar said...

49-0 sounds like the score of a one-sided football match.

gayathri-vishwanathan said...

@parikshith...hehehe shifting gears from cricket o what. it can be a cricket score too right...49 runs for no loss.

Parikshith Kumar said...

49 for no loss had also come to my mind ( Now u know what sort of dustbin my brain is) , but I didn't post that becuase I remembered that you said that you don't really like cricket, and you are just like your role model, K.R.K ;-)

hahahahaha

Pl. ab chappal mat maarna mujhe :-)

Gururaj said...

I have also done some research on the same. There is a provision of "negative voting" as commonly understood, though the word used is wrong. But the provision is contradictory. It requires the person to put a signature. But then this would reveal the identity of the voter and thus cannot be allowed as per the EC rule. So even if anyone wants to exercise the option, it is impossible to do so under the current laws.

gayathri-vishwanathan said...

@parikshith...i dont like cricket...but i love the cricket fever and my favorite is sachin. I also like the fact that my kadoos boss forgets to scold me for my blunders as he is busy watching IPL. Bhagwan pls IPL fever should never leave.

@gururaj: u know what, EC should clear out all these things before election. Now how on the earth do we know what's right and what's wrong. Anyways thanks for dropping in...do keep visiting.

Viajero said...

Got such mails only during non-election times :D further research was walled...
In a conference of speakers of parliament and assemblies , abt 2 yrs back, our outgoing LS speaker, Somnath C had advocated for an option to recall under-performing MPs and MLAs through a referendum/voting anytime during their tenure....but such suggestions always falls on deaf ears :(

gayathri-vishwanathan said...

@Viajero...is it? o thanks for that bit of news. never knew this. Wont comment much because i fear i would defame somebody and would be thrown into the prison...my parents have told me to shut up.

DPhatsez said...

Bleddy Phool!

The cosmos conspires to bestow upon you the 'Honest Scrap' award!
Collect it from
http://dphatsez.blogspot.com/2009/04/holy-scrap.html

Follow the rules mentioned in my post and then gloat away to glory!

gayathri-vishwanathan said...

thank u DPhatsez, I am honored to get that coveted award.