Section 49 (O) - Right not to vote

The electors of national capital Delhi not only went ahead with an overwhelming 53 per cent overall turnout but also expressed their wish not to cast their vote under the rule 49(O) of the Conduct of Elections Rules that enables a voter to reject all candidates.

According to the Election Commission, a total of 851 voters in the capital used this provision saying “I VOTE NOBODY”. New Delhi constituency led the list with 178 people followed by 164 voters in West Delhi, 153 in East Delhi, 130 in Chandni Chowk, 50 in South Delhi and 46 in North East Delhi.

The section “49(O)” enables an eligible voter to go to polling booth instead of seating at home and confirm his identity, get his finger marked and convey the presiding election officer his wish not to cast his vote in favour of any candidate. The sole propose of this section is to prevent the election fraud or the misuse of votes.

Extensive awareness campaign both by Election Commission and various NGOs, including the Youth for Equality, have finally brought positive result in Delhi. However, till date the provision doesn’t have much bearing due to less awareness and loopholes.

EC recommendation

In 2004, among the proposed electoral reforms submitted to the then Chief Election Commissioner of India, T.S. Krishnamurthy, the need of negative/neutral voting was highlighted in order to bring full use of the fundamental rights-the right to express one’s choice through vote.

However, at present time, when elections are conducted with the help of electronic voting machines instead of using the conventional ballot papers, in the absence of a separate button for the ‘negative vote’, the 49(O) rule violates the secrecy of voting as an elector has to register his/her name in front of the election officer.

Hence, the Commission recommended 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).

The myth about 49(O)

The section 49(O) is unique and effective when more and more people come out to say that they don’t want any of the candidates in the poll fray. For example, if a candidate in a constituency wins by 101 votes and the particular constituency has received 49(O) votes more than 101, then polling in that constituency will be cancelled and the constituency will go for re-polling. Besides, the candidature of the contestants will be annulled and they would be refrain from contesting the re-polling since people already have expressed their decision on them.

The truth about 49(O)

If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A, has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decides not to record his vote, a remark to this effect shall be made in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.

This infers that in no case there will be a re-polling in the said constituency, however the negative/neutral vote is registered and counted so as to cross check the total number of votes polled.