Do You Know ?

Article 49-O
Every Indian for the past few years has received emails or has been apprised of article 49-0 in the Conduct of Election rules under Representation of People's Act.
The actual article in our constitution is as follows:
“49-O. 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.”
Basically, simplifying the law jargon, it states when an elector exercises his/her right to Article 49-0, he or she basically has to be against the principle of the “secret” ballot. The elector has to reveal his/her name on Form 17-A and let the election officer know that he/she is refraining from voting for any of the fielded candidates.

Myths about 49-O

The common myth about this provision was basically that if there are a significant number of electors invoking article 49-0 in a particular constituency then that constituency was entitled for an automatic re-poll. However, this interpretation of the article is completely incorrect. The main reason for Article 49-0 being included into our constitution was to avoid election fraud. The authors of the election rule book brought about this measure to avoid wrong doers casting a vote using your name. However, the whole idea of “what happens if” there are a majority of people revoking their votes due to ineptness of the standing candidates was overlooked.
Hence, as the article stands currently if all the electors decided to invoke the article but one, the candidate getting the lone elector vote would win the election. Though, this seems to be incredulous, this is the true representation of the Article 49-0.

So now what?

There have been several PIL(s) requesting the constitution be amended to allow the elector to reject all fielded candidates and if these specific electors are in majority give them a re-election for that particular constituency. The Election commission itself has requested the central government to amend the article and add “none of the above” in the ballot paper thus protecting the elector’s identity and also sending a message to the political fraternity that enough is enough. The central government as expected has refused to amend article.
What the elector needs to do?
The only way, the elector can make these politicians (that the electors deem unfit for office) understand that they represent the people and not their own vested interests is by going out on voting day and exercising Article 49-0 in mass numbers. By not voting at all, you are giving these politicians a sense of security, that they are actually elected by us. It is time we send a message in bulk that we need a change in leadership and a change in direction for our esteemed nation.


SO GO OUT AND VOTE, INVOKE ARTICLE 49-0 IF YOU HAVE TO, BUT VOTE.