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  #1  
Old January 5th, 2009, 07:05 AM
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Question Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote"

Do you know that there is a system in our Election Commission , 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, if he's not happy with the candidates in the frey!

Yes such a feature is available, but obviously these 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 ...

Lets do our bit to ensure we are not stuck with a bunch of thugs in our parliament once again.


_______________________________________________________________

Received the above material in a fwd , googled a bit and found many sites flooded with this material .

see this link for details.. about the law:

http://lawmin.nic.in/ld/subord/cer1.htm

Yes.. I have read on many blogs that the election will be canceled and candidates will be banned from standing in the election next time. But I have my own doubt.. Could not find an official link for that

Thanks


PS: Here is the official Happy New year greeting to all of you , and I am your's unruly - Narci - Your surprise New year Gift
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  #2  
Old January 5th, 2009, 08:19 AM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Welcome back Abhishekh. How have u been?

I've heard a lot about this option while voting via emails and posts. Has anyone tried it?
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Old January 5th, 2009, 09:13 AM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Don't fall into this cunning publicity of Candle lighting Congressi supporters . This is a trick to make Middle Class people cynical of Politicians and mainly turn away the BJP Voters.Good Tactic Indeed!!. I am hearing this a lot nowdays.

Do you think all those who vote in Bulk like Muslims/ Voting for 1 bottle Beer/ Caste
Tandoori Chicken/Free TV Set will use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote" .

In the end Educated class will become a big Jack Ass and no body care for them. Trick is to use your vote collectively,not abstain from it.

See how Jammu Hindus have voted this time and now every body is talking about benefit of Jammu region .
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Old January 5th, 2009, 11:02 AM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

First of all, the 'thinking class' who vote should realise that they are considered a nuisance value by Congress and neglected always. They should realise that NOT VOTING would benefit Congress and its allies only. Such tactics as expressing 'NO VOTE' would work in a conscientous political system. Our politicians are way beyond conscience and ethics and morals. They would find this a good way to eliminate thinking class votes and instead focus on the mass votes by providing free booze, food, cooking utensils, sarees, dhotis and what not.
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Old January 5th, 2009, 02:02 PM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Following is the reply from a Presiding Election Official (aka IAS officer)

Rule 49-O has a very limited purpose,

it is used as follows:

Suppose a voter has been identified and ink has been applied on his finger and then just before he is to cast his vote he decides not to cast his vote then he is entitled to do so.

In that case his name has already been ticked in the marked copy of the electoral roll and he has already become a statistic in the number of voters who appeared for voting then obviously there would be a problem in matching the numbers in the presiding officers diary with the number of votes in the ballot box or the EVM.

So this refusal to vote is entered in the presiding officers diary as a balancing entry.
That is the only purpose


The rest is bullshit which has been circulating for years

Link

http://www.eci.gov.in/ElectoralLaws/...g_Officers.pdf
this is the complete manual, 49-O is mentioned at page 187, it doesn't say anything of cancelling the election

Last edited by BKN; January 5th, 2009 at 02:14 PM.
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Old January 5th, 2009, 02:30 PM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Quote:
Originally Posted by BKN View Post
The rest is bullshit which has been circulating for years

Link

http://www.eci.gov.in/ElectoralLaws/...g_Officers.pdf
this is the complete manual, 49-O is mentioned at page 187, it doesn't say anything of cancelling the election
But then BKN pai that is not democracy ... what if you dont like any of the candidates ... there should be something besides deciding not going out-to-vote ...
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Old January 5th, 2009, 03:16 PM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Quote:
Originally Posted by landyaBhai View Post
But then BKN pai that is not democracy ... what if you dont like any of the candidates ... there should be something besides deciding not going out-to-vote ...
If you read the election rules (books provided on the same site)

aisa kuch provision nahi hai

here it is


http://www.eci.gov.in/ElectoralLaws/...LAW_VOL_II.pdf

[64. Declaration of result of election and return of election.—The returning officer shall, subject to
the provisions of section 65 if and so far as they apply to any particular case, then—

(a) declare in Form 21C or Form 21D, as may be appropriate, the candidate to whom the
largest number of valid votes have been given, to be elected under section 66 and send signed copies
thereof to the appropriate authority, the Election Commission and the chief electoral officer; and

(b) Complete and certify the return of election in Form 21E, and send signed copies thereof to
the Election Commission and the chief electoral officer.]

and

http://www.eci.gov.in/ElectoralLaws/..._LAW_VOL_I.pdf

100. Grounds for declaring election to be void.—8
[(1) Subject to the provisions of sub-section (2) if

[the High Court] is of opinion—

(a) that on the date of his election a returned candidate was not qualified, or was
disqualified, to be chosen to fill the seat under the Constitution or this Act

[or the Government of
Union Territories Act, 1963 (20 of 1963)]; or

(b) that any corrupt practice has been committed by a returned candidate or his election
agent or by any other person with the consent of a returned candidate or his election agent; or

(c) that any nomination has been improperly rejected; or

(d) that the result of the election, in so far as it concerns a returned candidate, has been
materially affected—

(i) by the improper acceptance or any nomination, or

(ii) by any corrupt practice committed in the interests of the returned candidate

[by
an agent other than his election agent], or

(iii) by the improper reception, refusal or rejection of any vote or the reception of any
vote which is void, or

(iv) by any non—compliance with the provisions of the Constitution or of this Act or of
any rules or orders made under this Act,


[the High Court] shall declare the election of the returned candidate to be void.]


[(2)] If in the opinion of

[the High Court], a returned candidate has been guilty by an agent, other
than his election agent, of any corrupt practice

*** but

[the High Court] is satisfied—

(a) that no such corrupt practice was committed at the election by the candidate or his election
agent, and every such corrupt practice was committed contrary to the orders, and
5
[without the
consent], of the candidate or his election agent;


(c) that the candidate and his election agent took all reasonable means for preventing the
commission of corrupt

*** practices at the election; and

(d) that in all other respects the election was free from any corrupt

*** practice on the part of the
candidate or any of his agents,

then

[the High Court] may decide that the election of the returned candidate is not void.
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Old January 5th, 2009, 05:11 PM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Well... if it is not there then it should be put there... an amendment to the constitution is in need here... enough of chewtiya politicians.
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Old January 5th, 2009, 05:50 PM
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Re: Use Section "49-O" of the Election Commissions Code of Conduct Rules to "Not Vote

Quote:
Originally Posted by Sane Less View Post
Well... if it is not there then it should be put there... an amendment to the constitution is in need here... enough of chewtiya politicians.
I will be a suprise if these idiot politicians want to dig their own grave...eventually it will need parliaments approval for the ammendment.
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