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Hi Everyone,

I know that most Goans dont want GOAN GAON GOON CHORS who are making a GAAN 
of Goa with their nefarious deeds like Father and Son Rane, and the Unholy 
Trinity of Mickey Pacheco, Churchill and Joaquim Alemao. There are some 
Goans who dont like the BJP but would like Parrikar to be their next CM. 
Well, according to Section 49-0 of the constitution, they should not give 
their vote away to the GOONs just because they do not like the BJP - they 
can participate in the elections and convey to the presiding officer that 
they do not want to vote for any party. See article by Denzil Rego below:

Dr. Carmo D'Cruz
INDIAN Harbour Beach, Florida


Section 49-O of the Constitution
Posted by: "Denzil Rego" [EMAIL PROTECTED]
Section 49-O of the Constitution

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 seemingly notorious 
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 more powerful than voting... so don't 
miss your chance.
So either vote, or vote not to vote (vote 49-O) and pass this information.
..
"Please forward this to as many as possible, so that we, the people of 
India, can really use this power to save our nation" use your voting right 
for a better INDIA.

BUT ... this is not true, in any case the polling is not treated as null and 
void !

... a small portion of the clarification from Mr.UPS Madan (Chief Electoral 
Officer) : -

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

I had given enough publicity to this rule before the last general elections 
and some of the voters did use this facility of not voting to any particular 
candidate. The drawback of this rule is that the voter has to disclose his 
identity and the fact that he has not voted for any one does not remain a
secret.

Beyond the fact that such a vote can be cast under rule 49 O, there is no 
rule of repoll on the basis of number of votes polled under such rule. This 
is only a rumour going on for some time without anyone trying to get it 
confirmed with any authority. Theoretically, if all the votes but one, is
polled for 'none of the above' under the abovesaid rule and only 1 vote 
polled for a particular candidate, that candidate shall stand elected.

'None of the above' provision only helps in creating pressure on the 
political parties to field good candidates. There is of course a demand from 
various NGO's that the rule should be modified to incorporate the provision 
of repoll if such votes exceed a particular number. However, no decision has 
so far been taken by the GOI on that.

As explained above the said rule 49-O relates to all Assembly and Lok Sabha 
elections.

denzil


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