49-O? Constitution of India? What the heck is that?
Of late, in wake of the Mumbai attacks, a chain email which was hitherto being circulated during election time has surfaced again. This email, funnily enough, claims that (sic) "there is a system in our constitution, as per the 1969 act, in section " 49-O" ... convey the presiding election officer that he doesn't want to vote anyone!"
A clinical dissection of this email is warranted because if the Constitution of India allows us to not vote for jokers, then the writers of the Constitution (may their souls rest in peace) need to be thanked profusely!
Okay. Google for Section 49-O of Indian Constitution. What's this? All results points to pages which have the contents of the forwarded email! Hmmm... Must dig deeper to solve this mystery. Does the author mean the Constitution? Or does s/he want us to refer the Election Commission Rules? Is there any link to the Conduct of Election Rules? Will Radgovin aka Gman be able to unearth the truth in the quest for knowledge to destroy ignorance? Will he stop asking rhetorical questions? The answer of course is no.
I wonder what the Election Commission of India has to say about this:
Link 1.: http://archive.eci.gov.in/
No link to the Conduct of Election Rules on this site. However, there is a link which says, Proposed Electoral Reforms. Which brings us to:
Link 2.: http://archive.eci.gov.in/PROPOSED_ELECTORAL_REFORMS.pdf
Okay. This says that there is a need to amend the Rules 22 & 49B of the Conduct of Election Rules, 1961 so as to maintain anonymity of the voter who has voted for no one i.e. he has chosen to reject all probable candidates. This has been pending with the politicians (who make the rules, of course) since 2001.
Link 3.: (after a lot of searching) http://lawmin.nic.in/ld/subord/cer1.htm
The Motherload!!! Here's what the Rule 49-O is all about:
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.
Does not make sense, does it? I mean, the right to voting secrecy is the cornerstone of democracy. The fact that all our politicians are united against such an act goes to show that our "major" political parties are not all that "divided" after all. I mean, they are always united against a common enemy: the educated masses. Whenever the "educated" class gets agitated, these (*^*%$^) find ways and means to quell their anger. In the mean time, the poor uneducated masses are given hand outs just before the deadline for election commission rules to kick into place. Just to keep their memories fresh so that they know which button to press on election day. A look at the figures of voting in cities vs. voting in towns / villages will show you why the politicians who are in power are in power. Check the living conditions in constituencies of some of the powerful ministers in any state. And I am sure that you will not be surprised to see the people there living contented, peaceful lives. Can't really blame them for that.
And what are the "educated" doing in the mean time? Lamenting about the lack of leadership in the Government, commenting on the state of traffic, security, roads, environment, health care, life style, moral righteousness. Oh, that & forwarding emails spreading disinformation. Don't get me wrong; I am part of all of this myself. I am not one to claim that I am over all of this. I am as susceptible to criticizing all that is wrong around me as the other guy.
I am an Indian, after all.
Another good link to read about the Right to Say No:
http://www.indianofficer.com/forums/indian-polity/1220-article-49-o-right-say-no.html
/Radgovin
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