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Wednesday, December 3, 2008

Rule 49-O. Right to a negative vote ? Not quite


By now, most of readers of this blog must have received a chain mail stating that there is a right provided to every citizen under Article (sic) 49-O of the Constitution of India wherein voters can refrain from voting and if such voters exceed the number of votes of the winning candidate, then the winning candidate’s candidature gets cancelled and re-poll has to be ordered.

Well, the above is untrue and the email is a fake.

For starters, there is no Article 49-O in our Constitution. The said rumour emanates from Rule 49-O of the Conduct of Election Rules which can be seen by clicking here. The said Rule 49-O reads as below :

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.

Hence this rule deals with persons who decide not to vote. But the Conduct of Election Rules, 1961, nowhere provide any cancellation of candidature or negative declaration of result on the basis of this rule. There is no cancellation on the basis of Rule 49-O and there is no re-polling. Readers are advised and encouraged to read the complete rules to satisfy themselves.

Negative voting if introduced may be a debatable concept since just as voters may get swayed by unethical electoral tactics in regular voting, the same can also happen in negative voting resulting in a sway of voters towards negative votes through unethical enticement.

So people, do not get enthused by fake emails, the right to vote is the most potent tool in your hand, exercise it, and exercise it with due diligence. Vote you must.



Anonymous said...

Thanks for corrected position,how ever point remains if we do not have a provisions like that we must have it NOW!
Thanks once again for highlighting actual facts.

Anonymous said...

Read this and if you were watching Arnab Goswami on Times Now and his frequent utterances on it being a Black Day if the channels were blocked, you would understand just how immature our visual media is. They have become larger than life figures and do not know how to handle sensitive situations. Worse, they won't listen to those who know better.


A blog on the irresponsible journalism by Burka Dutt (and all other English channels) written by Chyetanya Kunte, an Indian living in the Netherlands and working for Shell, Netherlands.

"Appalling journalism. Absolute blasphemy! As I watch the news from home, I am dumbfounded to see Barkha Dutt of NDTV break every rule of ethical journalism in reporting the Mumbai mayhem. Take a couple of instances for example:

In one instance she asks a husband about his wife being stuck, or held as a hostage. The poor guy adds in the end about where she was last hiding. Aired! My dear friends with AK-47s, our national news is helping you. Go get those still in. And be sure to thank NDTV for not censoring this bit of information. His wife, a noted food critic & a reporter for Times of India, was later found dead in her room.

In another instance, a General sort of suggests that there were no hostages in Oberoi Trident. (Clever.) Then, our herione of revelations calls the head of Oberoi, and the idiot confirms a possibility of 100 or more people still in the building. Hello! Guys with guns, you've got more goats to slay. But before you do, you've got to love NDTV and more precisely Ms. Dutt. She's your official intelligence from Ground zero.

You do not need to be a journalist to understand the basic premise of ethics, which starts with protecting victims first; and that is done by avoiding key information from being aired publicly—such as but not limited to revealing the number of possible people still in, the hideouts of hostages and people stuck in buildings.

Imagine you're one of those sorry souls holed-up in one of those bathrooms, or kitchens. A journalist pulls your kin outside and asks about your last contact on national television, and other prying details. In a bout of emotion, if they happen to reveal more details, you are sure going to hell. Remember these are hotels, where in all likelihood, every room has a television. All a terrorist needs to do is listen to Ms. Barkha Dutt's latest achievement of extracting information from your relative, based on your last phone-call or SMS. And you're shafted—courtesy NDTV.

If the terrorists don't manage to shove you in to your private hell, the journalists on national television will certainly help you get there. One of the criticisms about Barkha Dutt on Wikipedia reads thus:

During the Kargil conflict, Indian Army sources repeatedly complained to her channel that she was giving away locations in her broadcasts, thus causing Indian casualties.

Looks like the idiot journalist has not learnt anything since then.. I join a number of bloggers pleading her to shut the f**** up.

In fact, I am willing to believe that Hemant Karkare died because these channels showed him prepare (wear helmet, wear bullet-proof vest.) in excruciating detail live on television. And they in turn targeted him where he was unprotected - the neck. The brave officer succumbed to 12 bullets in the neck."

DNA India reports about a UK couple ask media to report carefully: http://www.dnaindia.com/report.asp?newsid=1210425

The terrorists were watching CNN and they came down from where they were in a lift after hearing about us on TV.

— Lynne Shaw in an interview. http://www.dnaindia.com/report.asp?newsid=1210425

Anonymous said...

"The nation that will insist on drawing a broad line between the
Fighting Man and the Thinking Man is likely to find its fighting being
done by fools and its thinking done by cowards" -Sir William Butler

Anonymous said...

Letter by an Indebted Indian

Dear Mr. Unnikrishnan,

You do not know me but I owe you a great debt. It sits on my shoulder like the body of a much loved brother, it shrouds my heart and casts a pall on all that I do….I know not how to repay you and that is my biggest agony. I see you as you speak to the media without a quaver in your voice, I see your wife with a broken heart and I am lashed with a pain that has no voice. Your son died saving my son and it weighs me down…speak to me and ask for something in return…I will give you my blood and the very marrow from my bone! Forgive me as I am the cause of your brilliant son fading…I did not see the enemy neither did I recognize it and when it attacked me with the ferocity of a thousand lions, I could only run and try to hide. I left the battle to your son and he has gone to the soldier's paradise. He has done his duty and asked for nothing and I am cursed.
I am cursed as I lie at night wrestling with sleep as images of the dead and dying call out to me. I am cursed when I see the beautiful face of your son. I am cursed when I look at the face of grief that is your wife. I look at my sleeping son lying safe in his bed and I am overwhelmed. I cannot begin to imagine what courage it takes you to get up in the morning and face another day.
If it gives you any small iota of relief, let me tell you that it is the sacrifice of soldiers like your son which make me hold up my head high. It ignites a feeling of great self esteem and it is what makes me hopeful. If we have men like your son still left in India , then we will come into our own. These men show me a bright, shining vision of the future and make me a believer. Our fat, ugly, disillusioned sorry caricatures who are our politicians who suck out hope and glory and tarnish all that is good in our world fail in their task of destroying our faith. Men like Major Sandeep who live by their ideals unflinchingly are our saviours. We see them and recognize in them a pure spirit burning bright. They are our beacons…they shine forth like our star of hope and we can weather all storms.
Mr. Unnikrishnan, you are the exceedingly brave father of a lion among men. In your grief, know this that all Indians have seen him and his faith and his love for our country…in his death he has become immortal.
Death will come to us all. It will carry us away leaving only our loved ones sorrowful…your son's funeral has made a whole nation grief-stricken. It has made all Indians say a prayer for him and his family. It has made us sit up and has lit a fire under us. He singlehandedly silenced Mr. Raj Thackeray with his deed. This sorry politician's career is over before it began…the so-called leader of the Marathi hides his face at home when a soldier rams home his point in so direct a fashion. Raj Thackeray was cowering beneath his bed when "his" Mumbai was burning and the men in uniform fought and gave up their lives for an India they unite and protect. No talk, no rhetoric just a heroic fight to the finish!
Mr. Unnikrishnan, if we have more men like your son then India WILL become a superpower.
I salute you and your family.
Godbless you all.

An indebted Indian.

Anonymous said...

Let the public blame whosoever they want, let's get back to do what we do best - kill some LeT sods.
What's the matter guys - long time no kills?!!

Anonymous said...

Funny , Indian communities. I am proud to be part of this milieu. I hope you are too !!!

One Kashmiri = carpet salesman.
Two Kashmiris = carpet factory.
Three Kashmiris = terrorist outfit.
Four Kashmiris = shoot-at-sight order.

One Tam-Brahm = priest at the Vardarajaperumal temple.
Two Tam-Brahms = Maths tuition class.
Three Tam-Brahms = Queue outside the U.S consulate at 4 a.m.
Four Tam-Brahms = Thyagaraja music festival in Santa Clara

One Mallu = coconut stall..
Two Mallus = a boat race.
Three Mallus = Gulf job racket.
Four Mallus = oil slick.

UP Bhaiyya
One UP bhaiyya = a milkman.
Two UP bhaiyyas = halwai shop.
Three UP bhaiyyas = a fist-fight in the UP assembly.
Four UP bhaiyyas = mosque-destruction squad.

One Gujju = share-broker in a Bombay train.
Two Gujjus = rummy game in a Bombay train.
Three Gujjus = Bombay 's noisiest restaurant.
Four Gujjus = stock market scam.

One Andhraite = chili farmer.
Two Andhraites = software company in New Jersey ..
Three Andhraites = Naxalite outfit.
Four Andhraites = song-and-dance number in a Telugu movie.

One Mumbaikar = footpath vada-pav stall.
Two Mumbaikars= film studio.
Three Mumbaikars = slum.
Four Mumbaikars = The number of people standing on your foot in the
train at rush hour.

One Sindhi = currency racket.
Two Sindhis = papad factory.
Three Sindhis = duplicate goods shop in Ulhasnagar ...
Four Sindhis = Hong Kong Retail Traders Association. .

One Marwari = The neighbourhood foodstuffs adulterator.
Two Marwaris = 50% of Calcutta
Three Marwaris = Finish off all Gujaratis & Sindhis.
Four Marwaris = Threaten the Jews as a community.

One Haryanavi = tube light.
Two Haryanavis = agriculture.
Three Haryannavis = Lathi squad.
Four Haryanavis = actually just one was enough.

Last but the best

One kannadiga = devegowda
Two kannadigas = devegowda with his son Kumarswamy
Three kannadigas = rivals of devegowda family
Four Kannadigas = total no of kannadigas in bengaluru

One Bihari = Laloo Prasad Yadav .
Two Biharis = booth-capturing squad.
Three Biharis = train capture.
Four Biharis = caste riots
Five Biharis = entire literate population of Patna ...

One Bengali = poet.
Two Bengalis = a film society.
Three Bengalis = political party.
Four Bengalis = two political parties.
More than four Bengalis = Countrywide agitation to bring Ganguli into Team.

One Punjabi =100 kg hulk named Pinky.
Two Punjabis = Pinky with his bigger brother Twinky.
Three Punjabis = assault on the McAloo Tikkis at the local McDonalds
Four Punjabis = combined IQ equal to one.

Sorry, no Coorgs or Parsis......too small to make an impact..start breeding......

Anonymous said...

Yes, Ive received this email as well. Several times, over the years.

Im glad youve clarified. Id reached a similar conclusion myself.

The so called "right" that section 49-0 seems to confer, is that one is permitted not to vote once they have had their hand marked.

They can say "No thank you", and walk out, without voting.

But it is one and the same thing as not voting.

Why go to a polling booth and not do what you could have stayed home and not done?

Your vote is your right. Do not waste it.

Navdeep, with your permission I will forward the gist of your post here, to people that I know, who are laboring under a misapprehension.

Navdeep / Maj Navdeep Singh said...


feel free to mail the gist or the link or the complete post anywhere sir

Anonymous said...

dear Navdeep
i have come across this once more in past about a year back and it send me on a wild goose chase looking for this article in the constitution and i could not find it and did come across the passage you are citing but being a doctor and not a leagel person desisted from commenting on it as i was sure will be bashed to pulp in a sec by numerous bloggers . Well the same mail,must have reached dear Somnath ji too so as speaker of the house he started talking of right to recall clause in the constitution. Will sure be a better addition in the constitution than most of the stupid ammendmants we have brought about in the garb of elected representatives representing the nations views what nonsense obviously likes of a-chuta-nand cant represent my views at-least. it will be worth while to press for legislation so that ammendments in the constitution becomae a cause of national debate across the crosssection of society and finally be incorporated by a national referendum rather than few illiterate goons doing it for vote bank intensions. as of now the constitution is ammended more easily and more number of times than even out duty rosters

Anonymous said...


All media houses cry wolf when Govt talks about censorship. But look at them, have they their house in order? Internet is supposed to be a medium where everyone can voice his/her opinion regardless of proximity to any other medium. The same media houses that start seeing red on talk of censorship, indulge in it with glee when common readers want to post comments on their website. What is more, some unscrupulous and shameless like the ones belonging to Vir Sanghvi and Shekhar Gupta, do not even let you post your comments. Indian public is to retarded for their tastes. I say this because i have experienced this. Whenever I have tried posting on any of the sites belonging to any of the media houses they have either chosen not to publish comments or chosen the part of comments that suits them. A case in example, I posted on NDTV and out of that, only one paragraph has been published. For the sake of posterity, I am posting the complete comments here. I hope Maj Navdeep does not feel offended. Following is text i posted:

While it is appropriate to cover an event in its entirety, there has to be a limit t converting a blood and bullet fest into a live twenty twenty situation. While it is fine to keep the public informed at all costs, a line has to be drawn how much blood and gore you are taking into a family room. In addition to that, media has always decried govt regulation. So is it not incumbent upon media itself to have a code of conduct where a line is drawn what is sensitive information and what is not. Govt not having a central information dissemination system is an issue altogether and media, which calls itself most responsible and fourth estate, can not hide behind a thing which is non-existent.

A penchant for "sansani" has to give in to balanced reporting. It was appalling to see an NDTV journo going to an airport and gloating ho everybody was watching NDTV at the airport. How the centralised TV system was showing NDTV at that point of time, is anybody's guess. And this reporter went on to ask some passengers if they had seen these kind of attacks before!!! Kya Aapne aise attack pehle kabhi dekhey hain?? The look on the face of person to whom this question was asked, said it all. Since NDTV claims to be the best, it ought to set standards and not play follow up with sensation creating channels. Slowly but steadily, in my book electronic media is reaching a point of no return.

A free run has created a number of arm chair specialists who think nothing of commenting on anything and everything. I say this for the entire gamut of electronic media since you choose to speak for the media. Instead of freshness and crispness of news, the stress is more on sensation and headline creation. With great power comes greater responsibility and electronic media seems to be running away from this responsibility.

As far as CNS making comments about media's role in handling Mumbai attacks, I tend to agree with him. Please stop the habit of creating an icon and then pulling it down to create sensation. If he has criticized media, why are you not ready to take it as constructive criticism rather than issuing rebuttals? We have not heard anything from media regarding shabby treatment meted out to defence forces by 6th CPC. Is it because it does not create sensation? Well, this argument can go on and on and it is media that needs to put its house in order before it starts questioning any one else. Please stop creating news to fill time. While 24x7 coverage is nice, please do think about improving your spectrum to becoming a knowledge based channel rather than a sensation providing channel.

I posted it in different paragraphs as the requirement of site is to not exceed 950 words. Out of the complete text, the last para in bold has been retained where as rest has met its demise at the hands of a censordistic editor of NDTV.

Anonymous said...

Know truth about rule 49-O, visit http://49-o.org
You’re right to vote is statuary right and not a fundamental right. Know how democracy is India has been ruined, visit http://49-o.org/about.html .

Anonymous said...

any justification for not authorising Cl VI Maruti gypsy
to exmen rather to auctioned to civil vendors