Sub.: Clarification – Section 49-O
Received – Fwd: A clarification from Mr. UPS Madan, Chief Electoral Officer,
Maharashtra State.
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The presumption that there shall be a repoll in case ‘none of the above’
votes are more than the votes cast to a candidate, is totally wrong and
misleading. Rule 49 O of the Conduct of Election Rules 1961 is as follows:
“If an elector, after his electoral roll number has been duly entered in the
register of voters in Form 17 A and has put his signature or thumb
impression thereon as required under sub-rule (1) of rule 49 L, decided not
to record his vote, a remark to this effect shall be made against the said
entry in Form 17 A by the presiding officer and the signature or thumb
impression of the elector shall be obtained against such remark.”
I had given enough publicity to this rule before the last general elections
and some of the voters did use this facility of not voting to any particular
candidate. The drawback of this rule is that the voter has to disclose his
identity and the fact that he has not voted for any one does not remain a
secret.
Beyond the fact that such a vote can be cast under rule 49 O, there is no
rule of repoll on the basis of number of votes polled under such rule. This
is only a rumour going on for some time without anyone trying to get it
confirmed with any authority. Theoretically, if all the votes but one, is
polled for ‘none of the above’ under the abovesaid rule and only 1 vote
polled for a particular candidate, that candidate shall stand elected.
‘None of the above’ provision only helps in creating pressure on the
political parties to field good candidates. There is of course a demand from
various NGO’s that the rule should be modified to incorporate the provision
of repoll if such votes exceed a particular number. However, no decision has
so far been taken by the GOI on that.
As explained above the said rule 49 O relates to all Assembly and Lok Sabha
elections. I am not very sure whether this facility is available for
municipal elections. For that you will have to check up with SEC, Shri Nand
Lal, who deals with municipal elections. But I am sure that repoll provision
is not applicable to municipal elections as well.
I hope this clarifies the position.
August 2006