Hi!
Sorry to dampen your enthusiasm, but I thought so too... until a friend of
mine clarified the situation as under:

"Sorry to pick on this Quote: "There is a provision in our Constitution, as
per the 1969 act,
under Section " 49-O""

There is no 49-O provision in our constitution. It is made up of a preamble,
several articles (305) grouped into parts (22) and a few schedules (12)
attached at the end. There are no "acts" in our constitution either.

In 1969, there were two amendment acts - 22nd and 23rd. The 22nd provided
the constitutional framework required for the formation of Manipur, Tripura
and Megalaya (these three came into existence in January 1972). The 23rd
excluded Nagaland from having to implement SC/ST reservations. Neither of
these deal with elections (well, the
23rd does peripherally).

There is a 49-O in our Coduct of Elections Rules, 1961 - which allows a
voter to skip voting (in effect rejecting all available candidates) after
identifying himself to the presiding officer of a polling booth.

To that extend this email is right. But, it does NOT allow one (or several
ones) to force a re-poll or certainly ban any candidate from contesting
again.

SCoI has a petition with it asking for the implementation of a "None of the
above" option in EVMs. T. S. Krishnamurthy (who was CEC for a while) has
also suggested implementing such a rule (for rejecting all candidates).

None of these are laws yet. As of today, there is no way one can exercise a
None-of-the-above option in an election.

How I wish !"



On Wed, Dec 3, 2008 at 4:04 PM, Shenoy Investment & Fin. Cons. Pvt. Ltd <
[EMAIL PROTECTED]> wrote:

>
>  <[EMAIL PROTECTED]>
>
>  Did you know that there is a system in our constitution, 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!*
>
> 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
>
>
>
>
> With Best Regards
> SHENOY INVESTMENT AND FINANCIAL
> CONSULTANTS PRIVATE LIMITED
> 11-A, KASHI NIKETAN, 2ND ROAD,
> CHEMBUR, MUMBAI - 400 071
>
> TEL : 6797 3433 / 2521 2111
> EMAIL : [EMAIL PROTECTED]
>               [EMAIL PROTECTED]
>
>
>
>
>
> >
>

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