Section 49-O of the Constitution of India

Many-a-times emails can be used to mislead people. I have received this email a couple of times and I am sure you might have received the same too. When we receive such emails we believe them to be authentic and have the natural tendency to forward it to others. I have copied and pasted the email as below.

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 to the presiding election officer that he doesn't want to vote anyone!

Yes such a feature is available, but obviously our seemingly notorious leaders have never disclosed it. This is called "49-O".

Why should you go and say "I VOTE FOR 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....

Please spread this news to as many as you know... Seems to be a wonderful weapon against corrupt parties in India... show your power, expressing your desire not to vote for anybody, is even more powerful than voting... so don't miss your chance. So either vote, or vote not to vote (vote 49-O) and pass this info on...

"Please forward this mail to as many as possible, so that we, the people of India , can really use this power to save our nation". Use your voting right for a better INDIA

When I read this for the first time, I was very much surprised and happy that such an article exists in Constitution of India. But I was curious to know more details about the article and couldn't find anything on the net other than certain blogs and other forums where the topic is discussed. My search finally lead me to the Constitution of India Handbook and I am not able to find out any reference to this rule.

Quoting from the Constitution of India Handbook:

“Article 49 Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.”

This article is under Part IV Directive Principles of State Policy, and there is no such article 49-0 in The Constitution of India.

The Election-related Articles (324 to 329) have nothing along these lines. Please click here to visit the official link of the Handbook for Presiding Officers issued by Election Commission of India:

Now, the Interesting part. The search lead me to another document "The Conduct of Elections Rules, 1961” published by the Ministry of Law & Justice which explains this rule. The creator of the email got confused and he has confused many others I believe. There is no such directive or rule in the Constitution of India which allows us the right to say No, but there is such a section in ‘The Conduct of Election Rules, 1961”. It 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-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 section does not say about cancelling an election. As per my understanding you can record your thumb impression or signature and prevent any other person from voting in your name.

If there was a provision as mentioned in the email, do you think the Media would have kept quiet about it? So my advice to you, before you forward sensitive information please make use of Google or Yahoo or MSN or any other search engine and do your homework.