Dear Dr. Sadgopal, After all the search and review I have come to a conclusion that Rule 49-O has not been amended in 1969. It is as it was in 1961.
Different people are making different interpretation. The link below has a Para- Implications of this Rule-where it concludes that cancellation of election result is not there in the Rule. http://theseekar.blogspot.com/2008/12/rule-49-o-right-to-reject-every.html The link below says otherwise http://www.cplash.com/post/I-VOTE-NOBODY--is-VALID----Section-49-O----395.html That Election Commission has already written to the GOI (PM) to amend the Rule to make it a Negative or Neutral voting. It means that so far "I Vote Nobody" is not minused from the total polled votes. Nothing has happened anyway. But the link sent earlier to you http://www.eci.gov.in/ElectoralLaws/HandBooks/Handbook_for_Presiding_Officers.pdf gives a method where no votes can be in majority. How in that case result can be declared for a winning candidate? It is big question PUCL has filed a case in Supreme Court but no Ruling so far. I think we should do something to press for cancellation of the election where "I Vote Nobody" are in majority. + Right to Recall of elected reps if they are not working to the satisfaction of their electors. vns 2008/12/7 niranjan Aradhya <[EMAIL PROTECTED]> > > In principle I fully endorse the views and concerned raised by Prof .Anil Sadgopal. Strengthening Indian democracy needs altogether a different political understanding instead of "I vote no body"; the message from elite middle class youth to depoliticize the issue. It is the time for us to strengthen Indian democracy on the lines of values enshrined in the Constitution in general and the preamble in particular. > > > > The democracy in India is still alive today because of the faith and commitment of the poorest of the poor that the society could be changed to ensure social justice and equity. The opportunist middle class including the youth is already trapped by free market forces. We need to be cautious about our political positions in the neo-liberal era. There is a possibility that such opportunist forces may use our identity to miscommunicate the things as consensus on the issue under debate. > > > > Niranjan > > > > > > Dr.Niranjanaradhya.V.P > Senior Research Officer-School Education > Centre for Child and the Law > National Law School of India University > Nagarbhavi,Bangalore -560242 > Karnataka-India > Telefax: +9180-23160528 > Mobile +919448986913 > > > > > > ________________________________ > Date: Sat, 6 Dec 2008 20:20:20 +0530 > From: [EMAIL PROTECTED] > > Subject: Re: A Must Read : Section 49-O "I vote Nobody" - My queries and concerns. > To: [EMAIL PROTECTED] > CC: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] > > > Dear Dr. Sharma, > > > > I have read YFE's (Youth for Equality) statement on Section 49-0. I wish to make the following points for your consideration and also advice: > > > > Section 49-0 is not in the Constitution but in the 'THE CONDUCT OF ELECTIONS RULES, 1961.' > I don't find any supporting provision for the view that "If the majority of the votes are "No Vote" the election will be canceled and called afresh." If I have missed such a provision, please do let me know. > If the Section 49-0 can't lead to cancellation of election and calling it afresh, I do not understand how this will help "further strengthen our democracy." An action for merely 'swantah sukhay' (self-satisfaction) does not amount to 'strengthening of democracy'. Does it? I would like to be enlightened. > In democracy of the kind we have, we need to undertake positive political measures which can't be done, in my humble understanding, without a political party which has a pro-people ideology as well as the capacity to mobilize mass support for its policies and programmes. How does Section 49-0 help us to move in this direction? Please do advise. > > Apart from the above queries/ doubts, I wish to point out that YFE is the same body of the middle class and upper caste students who not only opposed the OBC reservation measure two years ago but also 'spearheaded' demeaning and even inflicting of physical atrocities on dalit and OBC students in AIIMS hostels in Delhi two years ago. What is their overall politics with regard to the crisis Indian masses are facing in this neo-liberal age? Please note the thrust of the recent Mumbai protests at the Gateway of India has been to discredit democracy altogether in the name of rejecting the so-called 'political class' for its failure to stop terrorism. The protests have gone to the dangerous and ill-informed extent of calling for military rule, while several banners declared "WE NEED CEO, NOT CM"! One American analyst has already proposed that India needs to make Ratan Tata the PM since he has an 'honest' public image (the public needs to be told that the Tatas, like all capitalists, built their empire from 1880's onwards through greed and undue profit). While the articulation of public anger is fully justified, the rejection of democracy altogether is definitely not. Would you agree with me? > > > > It is noteworthy that in these protests, there is not a word of criticism of religious fundamentalism and communal politics that is at the root of terrorism in India – whether internal or external. I won't be surprised if YFE's elite anti-democratic and anti-working class mindset is operating behind the Mumbai protests.. Let us be careful lest such elements through their mobile SMS and online campaigns push India on the path of military and fascist rule as has been the case with Pakistan and several Latin American and African countries in the past! > > > > I would be happy to be corrected if I have misperceived the matter. > > > > With regards, > > > > Sincerely, > > > > Anil Sadgopal > > > > > > --- On Sat, 6/12/08, Dr.V.N. Sharma <[EMAIL PROTECTED]> wrote: >> >> From: Dr.V.N. Sharma <[EMAIL PROTECTED]> >> Subject: A Must Read : Section 49-O "I vote Nobody" >> To: >> Date: Saturday, 6 December, 2008, 10:51 AM >> >> Dear Friends, >> >> We are a democratic country taking part in Elections of our representatives (Rulers) for last 56 years. But it looks like that we were forced to make wrong choices and there is no way out. >> >> It is not true. Indian Constitution provides an alternative, i.e. Section 49-O. You go to the polling booth, get yourself identified before the Presiding Officer/ Polling officer and then refuse to vote. You will be asked to fill up a Form to formally say "I Vote Nobody". If the majority of the votes are "No Vote" the election will be canceled and called afresh. >> >> I think for intellectuals who cannot go around polling booths with a gun in their hand, this is an option worth trying. Since Elections are coming we may use this alternative for teaching some lesson to the incompetent, inefficient, criminal, corrupt and selfish individuals. >> Pl. do so. >> >> I have given two links below -One is a text the other is a video. >> >> http://www.youthforequality.com/yfe-news/yfe-news-details.aspx?NewsEventId=555 >> & >> www.youtube.com/watch?v=0IJ4r9ZinlQ >> >> >> >> -- >> >> "Those who have the privilege to know, have the duty to act." Albert Einstein >> >> Dr.V.N.Sharma >> http://canvas.nowpos.com/vnsharma >> >> > > ________________________________ > Get an email ID as [EMAIL PROTECTED] or [EMAIL PROTECTED] Click here. > ________________________________ > MSN Tech and Gadgets: You are just one click away from a total update on the latest gadgets and games Try it! -- "Those who have the privilege to know, have the duty to act." Albert Einstein Dr.V.N.Sharma http://canvas.nowpos.com/vnsharma -- "Those who have the privilege to know, have the duty to act." Albert Einstein Dr.V.N.Sharma http://canvas.nowpos.com/vnsharma
