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Thread: 49-O in Constitution of India

  1. #1

    Lightbulb 49-O in Constitution of India

    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 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....
    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...
    Use your voting right for a better INDIA

  2. The Following User Says Thank You to yatinder19 For This Useful Post:

    satyenderdeswal (January 17th, 2012)

  3. #2
    Quote Originally Posted by yatinder19 View Post
    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 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....
    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...
    Use your voting right for a better INDIA
    Good deal Yatinder, This is the only option I will use.

  4. #3
    Quote Originally Posted by yatinder19 View Post
    Did you know that there is a system in our constitution, as per the 1969 act.....
    I didn't know about this. This is really a good "weed removal" idea. But 1 demerit that I can figure out about this - It might call in for extra expenses and resources. The contesting candidates of the constituency should be made to pay for expenses which are incurred in holding the re-elections, if not whole amount then may be a part of that. Save govt's money and our taxes.

  5. #4
    Quote Originally Posted by yatinder19 View Post
    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 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....
    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...
    Use your voting right for a better INDIA

    hmmmmmmm..........I m surely going to make my voting card !!!

  6. #5
    Quote Originally Posted by yatinder19 View Post
    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 leaders have never disclosed it.
    This is called "49-O"....
    Use your voting right for a better INDIA

    yes!!! This is a very useful feature indeed!!!......but dis process needs a very honest n sincere PRESIDING OFFICER...otherwise ...presiding officer ki toh mauja hi mauja.......n corruption will surley increase .....n den I think there will be no benefit of "40-O" feature in constitution of India.........!!!!!

  7. #6

    Unhappy It's not a truth.

    I came to know about this article about three years ago and after reading this carefully, on various websites, I contacted to an expert of Constitutional Studies. There is no section/article resembling/similar to 49-O. It has been proved to be a rumor, so don't be so much excited. Our constitution doesn't have such provision.
    Last edited by PrashantHooda; November 9th, 2008 at 01:07 PM.

  8. #7
    Quote Originally Posted by PrashantHooda View Post
    It has been proved to be a rumor, so don't be so much excited. Our constitution doesn't have such provision.
    Apparently its true as per this press circular from Election Commission of India. Please read Page 18, Section 'Negative / neutral voting' :

    http://www.eci.gov.in/Press/current/PN_030804.pdf

    and Page 27 from one of the Indian Law Ministry document :

    http://lawmin.nic.in/legislative/ele...es,%201961.pdf

    How effective it will be though, is yet to be seen. When there is no transparency at all on the background of a candidate, how will common man identify who is the right candidate. 90% people vote for a political party rather than the individual.
    What if God was one of us...?

  9. #8
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    Quote Originally Posted by yatinder19 View Post
    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 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....
    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...
    Use your voting right for a better INDIA
    I was aware of the fact , but now am a bit confused , You said if a candidate wins by a certain margin , and the number of neutral votes are greater than that , then it is dismissed. I dont belive so , I guess it defies logic.

    It should be like if the candidate winning gets a total of X votes and the number of neutral votes are > X , then it has to be dismissed. Not the margin but the total.

    In a sense if we consider the neutral vote as a candidate , then it has to win Agree ?

  10. #9
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    Yes Anil Sir, your logic seems to more in place but according to 49-O its the winning margin, which is compared with neutral votes.

    The logic, I understand behind this rule is that, if all neutral votes are considered in favor of second highest vote seeker candidate then he will be the winner. So it makes uncertainty in results.

    Whats view of others on these logic? And how should it be?

    Thanks and regards,
    Manoj

  11. #10
    Quote Originally Posted by mkm_jat View Post
    Yes Anil Sir, your logic seems to more in place but according to 49-O its the winning margin, which is compared with neutral votes.

    The logic, I understand behind this rule is that, if all neutral votes are considered in favor of second highest vote seeker candidate then he will be the winner. So it makes uncertainty in results.

    Whats view of others on these logic? And how should it be?

    Thanks and regards,
    Manoj
    For 49-O to be EFFECTIVE, we MUST assume that the 49-O votes would ONLY be subtracted from the victor's total.
    Lets consider an example:
    3 Candidates
    12 voters

    Candidate 1 total = 4
    Candidate 2 total = 5
    Candidate 3 total = 1
    49-O votes = 2

    MARGIN = 1 in favor of C2

    Now, subtract the 2 49-O votes from C2

    C2 total = 3

    C1 > C2

    Now, C1 can claim victory, but wait a minute, we stilll need to subtract the 49-O votes from C1.
    So, new total is
    C2 = 3, C1 = 2.

    But C2 knows better than to celebrate.

    So we can iterate this till inifinity.

    So MARGIN is the limiting condition.

    The reason why we donot subtract 49-O votes from all the candidates is because it would make 49-O INEFFECTIVE .... in plainspeak, it would mean that the 49-O voters manadate would be ignored ....... which would falsify the premiss that 49-O voters should have a voice.
    Last edited by sidchhikara; November 10th, 2008 at 10:18 AM.

  12. #11
    Quote Originally Posted by anilsinghd View Post
    I was aware of the fact , but now am a bit confused , You said if a candidate wins by a certain margin , and the number of neutral votes are greater than that , then it is dismissed. I dont belive so , I guess it defies logic.

    It should be like if the candidate winning gets a total of X votes and the number of neutral votes are > X , then it has to be dismissed. Not the margin but the total.

    In a sense if we consider the neutral vote as a candidate , then it has to win Agree ?
    I think the neutral votes are the "anti-candidate", the candidates are already running.

  13. #12
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    Quote Originally Posted by sidchhikara View Post
    I think the neutral votes are the "anti-candidate", the candidates are already running.
    got it now , but still does not make sense , right ? Why should only the winning candidate bear the brunt of neutral voters. Imagine a tight election and the undecided voters decide to cast neutral votes , gonna unduly give disadvantage to the front runner!

  14. #13
    Quote Originally Posted by anilsinghd View Post
    got it now , but still does not make sense , right ? Why should only the winning candidate bear the brunt of neutral voters. Imagine a tight election and the undecided voters decide to cast neutral votes , gonna unduly give disadvantage to the front runner!
    That is because the intention is not to facilitate the candidates but give a voice to the neutral votes .... Too bad the frontrunner could not get more margin than the neutral votes!! I know its hard to imagine our powerful venal politicians being punked in this way... but its in the constitution as claimed by the first poster.
    If you go through the calculations I had given earlier, it will bcome obvious.
    Last edited by sidchhikara; November 11th, 2008 at 04:43 AM.

  15. #14
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    Quote Originally Posted by sidchhikara View Post
    For 49-O to be EFFECTIVE, we MUST assume that the 49-O votes would ONLY be subtracted from the victor's total.
    Lets consider an example:
    3 Candidates
    12 voters

    Candidate 1 total = 4
    Candidate 2 total = 5
    Candidate 3 total = 1
    49-O votes = 2

    MARGIN = 1 in favor of C2

    Now, subtract the 2 49-O votes from C2

    C2 total = 3

    C1 > C2

    Now, C1 can claim victory, but wait a minute, we stilll need to subtract the 49-O votes from C1.
    So, new total is
    C2 = 3, C1 = 2.

    But C2 knows better than to celebrate.

    So we can iterate this till inifinity.

    So MARGIN is the limiting condition.

    The reason why we donot subtract 49-O votes from all the candidates is because it would make 49-O INEFFECTIVE .... in plainspeak, it would mean that the 49-O voters manadate would be ignored ....... which would falsify the premiss that 49-O voters should have a voice.
    Sorry I missed this post.

    Well I totally get your calculations but here is my argument of why I find it to be unfair.


    Imagine a constituency in which there are 3 candidates.

    A : gets 41%
    B: gets 39 %
    C : gets 17%
    49-O : 3%

    By the logic , there will be a re-election , right ?

    Which does not make sense to me as that 1) makes 97 % voters look stupid.
    2) makes 3 % voters havea larger say than the 41 % who voted for A.

    Ideally 49-O should be considered a separate candidate , and if it gets like this :
    A: 31 %
    B : 25 %
    C : 7 %
    49 - O : 37 %

    Lets havea re-elction , fair enough!

  16. #15
    I wasn't aware about this information.....but now having doubt whether this can be used in safe hands. If one party feels that there is some risk of winning then their supporters might make use of this article. Will it be really successful?

    Party makes a stand with a majority of support. Wrong/bad parties play other roles like buying votes through different means. Then?

  17. #16
    yes u r rite not much ppl here i guess are aware of it.....this information is about the right of every individual and it shud be spread.....why to vote if all the candidates r not appropriate there is a saying about the present politics"sooner will a camel pass by a needle;s eye than a gr8 man be discovered by an election"............so we shud try n develop fear in th politicins they need to be

  18. #17
    Quote Originally Posted by anilsinghd View Post
    Imagine a constituency in which there are 3 candidates.

    A : gets 41%
    B: gets 39 %
    C : gets 17%
    49-O : 3%

    By the logic , there will be a re-election , right ?

    Which does not make sense to me as that 1) makes 97 % voters look stupid.
    Not stupid, they are just fragmented - 59% don't even want A to win ... They would be quite happy.
    2) makes 3 % voters havea larger say than the 41 % who voted for A.
    What about the 59% who did'nt vote for A.

  19. #18

    Angry What Will We Do For Better INDIA

    Dear All,

    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/she doesn't want to vote anyone! Yes such a feature is available, but obviously past + present 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 canceled 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 information to all.
    Use your voting right for a better INDIA.

    Now, the decision is yours.
    Yash Beniwal
    Life is a challenge accept it !
    JAI KILKI TAULL !!!!!!!!!!!!

  20. #19
    I'll get myself a better job(more money), bigger house and A Bolero....Hummer tai ghani mahangi aavegi....MYIDEA OF A BETTER INDIA IS LIMITED TO THIS ONLY....AT THE MOMENT
    Quote Originally Posted by yashbeniwal View Post
    Dear All,

    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/she doesn't want to vote anyone! Yes such a feature is available, but obviously past + present 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 canceled 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 information to all.
    Use your voting right for a better INDIA.

    Now, the decision is yours.
    I AM WHAT I AM....JAT.... 16X2=8

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