Laughter All The Way….

Section 49-O of the Indian Constitution

Posted by @ B H i on November 25, 2006

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,
people had already expressed their decision on them. This would bring
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….

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.

Use your voting right for a better INDIA.


9 Responses to “Section 49-O of the Indian Constitution”

  1. Anonymous said

    So, why do you think this is a joke?

    This is a serious issue and one MUST vote not to vote if he thinks no candidate is worthy enough to become there leader.

  2. robin said

    is it true??

  3. prashant naik said

    This is very important and crucial knowledge.and i thinmk very few people including experts and schollars know this section otherwise they would have used thisn as a weapon to fight against corrupt politics.

  4. Sabuj Sarkar said

    No doubt it is one of the salient features of our constitution, but to me it will not be of any use. First of all, ignorance of this provision. Next, Indian corrupted Politics will certainly find out a way to strangle this mission.

  5. Ravi Rao said

    For one, the Constitution has Articles, not Sections. Second, Article 49 deals with preservation of Monuments and reads as

    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, 1[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.

    So does 49-0 exist? You decide

  6. sudhir said

    why mislead simpleton?

  7. Prem said

    Rule 49-O is a rule in The Conduct of Elections Rules, which governs elections in the country. It describes the procedure to be followed when a valid voter decides not to cast his vote, and decides to record this fact. The apparent purpose of this section is to prevent the election fraud or the misuse of votes.

    Among the proposed electoral reforms submitted in 2004 to the then Prime Minister, Dr. Manmohan Singh the then Chief Election Commissioner of India, T.S. Krishnamurthy[citation needed], suggested the following:


    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.

    The Commission recommends that the law should be amended to specifically provide for negative / neutral voting. For this purpose, Rules 22 and 49B of the Conduct of Election Rules, 1961 may be suitably amended adding a proviso that in the ballot paper and the particulars on the ballot unit, in the column relating to names of candidates, after the entry relating to the last candidate, there shall be a column None of the above, to enable a voter to reject all the candidates, if he chooses so. Such a proposal was earlier made by the Commission in 2001 (vide letter dated 10.12.2001).[3]

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