Section 49-O of the Constitution

November 28th, 2008 7:55 pm by The_Chhamanator

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….

Via email
You can read more about the 49-0 here.



The Truth about 49-O: (via voteindia.in)

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.
This Infers that in no case will there be a re polling in the said constituency, however the negative/neutral vote is registered and counted so as to cross check on the total number of votes polled.

Here is what the Election Commission has to say on NEGATIVE / NEUTRAL VOTING:

The Commission has received proposals from a very large number of individuals and organizations that there should be a provision enabling a voter to reject all the candidates in the constituency if he does not find them suitable. In the voting using the conventional ballot paper and ballot boxes, an elector can drop the ballot paper without marking his vote against any of the candidates, if he chooses so. However, in the voting using the Electronic Voting Machines, such a facility is not available to the voter. Although, Rule 49 O of the Conduct of Election Rules, 1961 provides that an elector may refuse to vote after he has been identified and necessary entries made in the Register of Electors and the marked copy of the electoral roll, the secrecy of voting is not protected here inasmuch as the polling officials and the polling agents in the polling station get to know about the decision of such a voter.

Read more at voteindia.in

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21 Responses to “Section 49-O of the Constitution”

  1. 1
    mala Says:

    Baseless truth as it is, I believe.

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  2. 2
    NotGood Says:

    Chhama: Whats the point in taking the trouble to vote and yet not vote at all ??
    Instead, this elections, I urge one and all, Vote for the people you trust and know well.. Zoram hian Hruaitute tha leh fel kan mamawh ! Corruption, nepotism, bribery, unaccountability.. aren’t we sick and tired of all this? Its hampering the growth of the state as a state!!
    A Party ni lovin a mimal tha I vote teh ang u!!

    Report this comment

  3. 3
    The_Chhamanator Says:

    Well, I guess the people who send this email wants everyone to know that they have a choice of letting the candidates (and the parties) know they will not tolerate irresponsibility and would rather not vote than giving their votes to ‘the best among the bad’.

    Regarding “party ni lovin mimal”, kan sawi viau thin tak naa, a tak takah chuan independent candidate chu tha tak pawh ni se sawrkar siam thei tur party lian nen inkungkaihna an neih loh chuan kan vote hreh deuh thin chu a ni lo maw?

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  4. 4
    caribou Says:

    A pawl ang zawnga thilti ho thiam kan nia, a mimal ai chuan party nge nge kan duh a, kan dah pawimawh thin. Party ruihchilh tawh vek vek chuan e… VAWKPUI pawh dingse a vote tho ang. Mitha tak pawh nise, Party tenauah a din miau chuan a tling chuang lovang…

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  5. 5
    lunafey Says:

    a van tra e … CM tur ho duh pakhatmah neih loh vanga vote thlak duh lo ka hre nual mai … kan hrilh teh ang … van tih chi e

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  6. 6
    tetea_t Says:

    A tak tak emaw ka ti hman dawn alawm le! :(

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  7. 7
    The_Chhamanator Says:

    Vote thlak tura engkim tih vek hnu a thlak leh loh chu a theih tak tak alawm. Mahse re-polling leh chuh nawn theih loh etc. kha chu an sawi uarna mai mai a nia..

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  8. 8
    SiLent_Man Says:

    I think this topic was discussed in depth during the last election. But it may take time for us to learn how powerful this “power” is.

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  9. 9
    tetea_t Says:

    @The_Chhamanator, “Section 49-O of the Constitution” kha mawle a awm tak tak emaw ka tih chu…

    Report this comment

  10. 10
    SiLent_Man Says:

    tetea_a: awm tak tak an ti

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  11. 11
    tetea_t Says:

    “Here is the fake email that has been doing rounds and providing incorrect information about Section 49-O of the Constitution”

    Tih heading a awm kha Voteindia.in website ah khan…

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  12. 12
    SiLent_Man Says:

    link… link

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  13. 13
    The_Chhamanator Says:

    Awm tak tak e, Election Commission thuchhuahah pawh
    “Although, Rule 49 O of the Conduct of Election Rules, 1961 provides that an elector may refuse to vote after he has been identified and necessary entries made in the Register of Electors and the marked copy of the electoral roll…” tih a awm kha….

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  14. 14
    The_Chhamanator Says:

    voteindia.in/news.php

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  15. 15
    tetea_t Says:

    @The_Chhamanator, ka va hrethiam lo ve… i link rawn pek voteindia.in ah hian “Here is the fake email that has been doing rounds…” tih heading a awm kuau sia.

    @Silent_man, link chu https://voteindia.in/news.php

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  16. 16
    The_Chhamanator Says:

    @tetea:
    The Truth about 49-O tih chin kha voteindia.in opinion a nia. Last paragraph ah pawh “VoteIndia.in encourages Voters to cast a protest vote incase they feel there is no right candidate to vote for.” tih a awm kha.

    Ka hriatthiam dan chuan a Rule hi chu a awm ngei a, mahse email thawntute hian an uar mah mah deuh a, voteindia.in hian chu chu an rawn correct a ni ber. Confirm vek turin Election Commision site ka lut thei lo :(

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  17. 17
    tetea_t Says:

    @The_Chhamanator, ka thiamloh a ni e.

    Section 49-O chu ka hmu ve chiah e.

    Mahse min hrilhfiah thei em hei:

    Voteindia.in ah khan:

    “…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…” tih kha a tak tak a ni em aw??

    Report this comment

  18. 18
    tetea_t Says:

    link:

    https://www.eci.gov.in/Electora.....idates.pdf

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  19. 19
    The_Chhamanator Says:

    No harm done, dude.

    Khilai tak khi a dik tawk lo an rawn tih lai chu niin ka hria. Election dan kha chuan tumah vote lovin kut tihdum etc. kha a tih theih a, mahse an vote lo ngei a ni tih record ve tho a ngaih thu a sawi mai niin a lang. Vote hmu hnem ber aia tumah vote duh lo an tam vang maiin re-polling tih tur tih vel khi chu zeldin thu mai a nih hmel…..

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  20. 20
    Zaia Says:

    Ka lo tel ve!
    ‘Section 49-O of the Constitution’ ni lovin, ‘section 49-O of the Conduct of Election Rules 1961’ a ni e. ‘Elector deciding not to vote’ chu a awm ngei e. Guideline-ah chuan ‘Elector refused to vote’ tia remark tur a ni nghe nghe awm e.
    Voting button hmeh hnuah pawh a ‘refused’ leh theih tho nghe nghe.

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  21. 21
    ปวดเอว Says:

    ปวดเอว

    Section 49-O of the Constitution | mi(sual).com

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