SECTION 49.0 IPC

I got this really interesting forward today ( yeah ,sure.. what else do I mostly do at work other than read the forwards I get ;) )... some of it I was aware of, while the rest I was not. Its typically directed against people like me who abstain from even showing their shadow near a voting booth.

I don't vote because I love ranting and raving against the corruption that is prevalent, the ridiculous quota systems that are to be introduced, the growing insecularity of our country, bad roads, free power, free colour Tv's and *blah, blah , blah*. And it makes life a lot more easy because no one can refute my arguments by making the simple statement, " You voted them in". Its simple for me to retort back,"But I didn't. I don't vote".

Just think about it. As long as I abstain from voting I can bitch about the government and the opposition in an impartial manner because my concience is free of the guilt of having bought those self same idiots to power despite being complete aware of their pretensions of being just, kind, fair and people serving over self serving. Were I to vote someone into power and they not fulfil the aspirations that I were to set for them( which anyway no sane person does - i.e. expect stuff) then more than being sorely disappointed I would have to feel lousy for having been one of the idiots responsible of having given that person the car, the bungalow, the crores, the eighth wife, the gold rings, the trips abroad,the slippers, the sarees, the money from gun sales,the money from stamp and fodder scams.. oh yes, crores and crores of money!!

Yeah , you can easily tell me that I am just a drop in an ocean, but I can retort back,"But every drop that makes the ocean counts.Were all of them to go on a strike, the ocean would be empty ;) ). Anyway ( I read this article that stops me from saying anyway(s) ), this is the article I wanted to bring to all of your notices.............


Among the reasons for poor voter turnout in the cities, particularly of the middle and upper classes, is the complaint that they have no real choice considering the poor quality of candidates and the poor public image of the parties these candidates represent. Secondly, many citizens believe that their votes are not really going to make a difference.

Since in the ensuing elections there is no provision for indicating rejection of candidates on the ballot, except by invalidating the vote by ambiguous voting - that is, putting the stamp on the line separating one candidate's name from another -- the Indian Liberal Group recommends a solution that already exists in the Conduct of Election Rules 1961. This not only gives reluctant voters a reasonable choice, but also ensures that their vote does make a difference.

Rule No. 49(O) in the Conduct of Election Rules 1961 says:

"Elector deciding not to vote - 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 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer, and the signature or thumb impression of the elector shall be obtained against such remark. "

Explanation: In other words, a voter can go to the polling station and tell the presiding officer that he/she does not wish to cast her/his vote. The presiding officer will make a remark that the voter does not wish to vote and take the voter's signature against his/her name in the register of voters (Form 17A). At the end of the day, the presiding officer will, in totalling the number of votes cast, also include the number of electors who refused to cast their vote. By doing so, voters make it clear to all political parties that they are not satisfied with the kind of candidates put up by them. Though they have done their duty as citizens by going to the polling station, they have not found anyone on the ballot paper who deserves their vote. This is the Protest Vote.

If large numbers of citizens exercise their franchise in this manner, political parties will be forced to be far more careful in ensuring they do not nominate crooks and criminals or incompetents as their candidates next time round. This in turn will see the emergence of honest and committed candidates getting into Parliament and state legislatures in the long run, thus leading the way to good governance. After the present elections have concluded, the Indian Liberal Group will press for the Protest Vote facility on electronic voting machines the next time round, so that voters have the option to say "None of the Above" after scrutinizing the candidates on the ballot.

The other factor thats involved with this 49(0) section is a scary section for the political parties.
Here's an example. Say there's a candidate standing in City A.
And say out of 100 people only 40 people turn to vote and out of that the Candidate recieves 30 votes. Then by rule, he's been declared as elected. But say, if out of the 100 people 70 turn to vote. and 30 people vote for the candidate and the other 40 people use section 49(0), to say i am not interested in anyof the candidate. Then if, the candidates vote(which the vote he got ie., 30) is less than the vote against him (under section 49(0) - which is 40), then by rule he would not be elected as winner and in turn he would not be able to participate in anymore further elections. And the election for CITY A will be re-held with fresh candidates. Now that sounds great handle for people!!

And i hope that's why many people dont know about section 49(0) and the politicians and the goverment still tries to keep it a hidden secret.