One word that has been thrown up a lot in recent times has been " protest vote". What exactly is it??? A certain mail has again come into precedence considering the current political situation...I am sure most have at times received the following mail...sadly it is a hoax..
"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 Section"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..."
The TRUTH
There is no section 49-O in the constitution or the 1969 act..it is a rule
in the The Conduct of Elections Rules, 1961.
"...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...." FALSE.
The actual text of section 49-O is
"Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A 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."
The result of the polls stand inspite of the no. of protest votes, no repolling nothing of that sort. and
Can we still register protest votes???. Yes we can. However with the emergence of EVM's protest votes violate a voter's right.
Earlier voting with ballot papers the ballot paper could simply be dropped in without voting...or voting for multiple candidates to ensure the vote is inavlid. Sadly the EVM's have no such facility. As such informing the presiding officer about the decision to not vote, violates the secrecy of voting.
The last i knew there was a petition in the supreme court about modification of the EVM's to have "none of the above" button. Till then protest vote means disclosing identity.
Merits of a protest vote are debatable.. If the results are gonna stand inspite of protest votes. The whole affair would be just a record in some babu's file in some dusty cupboard. We have shameless politicians who wuld not worry ab8 protest votes...kursi ka prem more than any moral conscience
So then is the protest vote the right way to go????
"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 Section"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..."
The TRUTH
There is no section 49-O in the constitution or the 1969 act..it is a rule
in the The Conduct of Elections Rules, 1961.
"...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...." FALSE.
The actual text of section 49-O is
"Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A 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."
The result of the polls stand inspite of the no. of protest votes, no repolling nothing of that sort. and
Can we still register protest votes???. Yes we can. However with the emergence of EVM's protest votes violate a voter's right.
Earlier voting with ballot papers the ballot paper could simply be dropped in without voting...or voting for multiple candidates to ensure the vote is inavlid. Sadly the EVM's have no such facility. As such informing the presiding officer about the decision to not vote, violates the secrecy of voting.
The last i knew there was a petition in the supreme court about modification of the EVM's to have "none of the above" button. Till then protest vote means disclosing identity.
Merits of a protest vote are debatable.. If the results are gonna stand inspite of protest votes. The whole affair would be just a record in some babu's file in some dusty cupboard. We have shameless politicians who wuld not worry ab8 protest votes...kursi ka prem more than any moral conscience
So then is the protest vote the right way to go????
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