A summary of "I Vote Nobody"- Rule 49-O

Section 49-O of Election Rules was tried by some of us and members of Samta Sangathan in 1979 elections (Nitish Kumar and Shivanand Tiwari etc.were members of SS then) when I had freshly arrived in Ranchi from IIT Kanpur. On the advice of legal luminaries and Late Kishan Patnaik, ex-MP that the votes will get cancelled if such "No votes" are there in majority this work was taken up. As was the practice I did not read that myself as the people were to be relied upon for their words. Also Internets and e-mails were not there for getting confirmation. As activists we were happy with the outcome-some refusal to Vote in this manner- but this had no impact on the election Results. I narrated this to say that it is no Hoax as some people are making it to be. Just search Section 49-O. You get 100 sites.

Somebody reminded me of this story recently and I tried to check the facts from different websites।Pl. read Page 93 and page 172 (3,5 and 6) in the following link. it is Official.

http://www.eci.gov.in/ElectoralLaws/HandBooks/Handbook_for_Presiding_Officers.pdf

Page Nos. 187 & 299 in the website http://www.eci.gov.in/ElectoralLaws/HandBooks/Handbook_for_Candidates.pdf
also discusses the same issue.

What should happen if 3-2 is negative. I concluded from here combined with what we were told in 1979. But the interpretation remains implicit.

After all the search and review I have come to a conclusion that Rule 49-O has not been amended in 1969 as it is being spread. 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

My own conclusion, though surprising, is that cancellation of election even if 'I vote Nobody' is higher than Votes polled is not explicit. Since it has not been tried seriously the Rule has not been tested in appropriate forums-courts etc. It means that so far "I Vote Nobody" is not deducted from the total polled votes। Nothing has happened anyway.

That, Election Commission has already written to the GOI (PM) in 2004 to amend the Rule to make it a Negative or Neutral voting so that voting in Secrecy is preserved because 'I Vote Nobody' is some kind of a Vote.

The link below
http://www.eci.gov.in/ElectoralLaws/HandBooks/Handbook_for_Presiding_Officers.pdf

gives a method where "I vote Nobody" can be hypothetically 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 not to this effect। Anyway no Ruling so far.

Point To debate:

In my view we should do something to press for Cancellation of the election where "I Vote Nobody" are in majority.
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Right to Recall of elected reps if they are not working to the satisfaction of their electors.