[Reader-list] Vote "none of the above"

[Kshmendra Kaul]

Dear Taha
 
It is a matter of interpretation. The Rule does exist in a varied form. What is being spoken about is incorporating it into the Electronic Voting Machine system. 
 
You have yourself quoted Rule 49-O of the 'Manual of Election Law' which is a part of "The Conduct of Election Rules, 1961". This provides for the elector 'not to record his vote'  through a specified process that physically RECORDS the elector's decision of "not to record his vote'. It has no secrecy.
 
This would mean that the elector is refusing to cast his/her vote in favour of any of the contesting candidates. This is therefore an available Legal provision of what can be interpreted as "none of those contesting" or "none of the above". But it has no secrecy
 
The point being made and a very valid point is that the elector who does not want to vote in favour of any of the contesting candidates might want to  keep 'secret' his/her decision of "not to record his vote" because of various anticipated repercussions / pressures since all the polling agents and polling staff become aware of that decision. 
 
Yet, in the "Manual Voting" system, the elector can make sure that his/her vote is invalid by various means such as 'not marking' or 'marking all'.
 
In the case of Electronic Voting Machines (EVMs) that confidentiality of  "not to record his vote" can in no way be ensured since the options available on the EVM are for casting vote only in favour of one person. Hence the reported Election Commission proposal of "none of the above" option. It is a good move. 
 
The "disqualification" by "negative vote" is indeed a hoax. There is no such provision. 
 
The "none of the above" provision a part of "Proposals for Electoral Reforms" forwarded by  Chief Election Commissioner T S Krishna Murthy to PM Singh in July 2004, there is a proposal (No. 7) for amending the "Rule 49O". The Election Commission Website says:
 
QUOTE
 

"NEGATIVE / NEUTRAL VOTING

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. ....... 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).
 
(A petition by the People's Union for Civil Liberties seeking such a provision filed at the time of the recent general elections is pending before the Hon'ble Supreme Court)"
UNQUOTE
 
 
Kshmendra
  

--- On Fri, 12/26/08, Taha Mehmood <2tahamehmood at googlemail.com> wrote:

From: Taha Mehmood <2tahamehmood at googlemail.com>
Subject: Re: [Reader-list] Vote "none of the above"
To: "V Ramaswamy" <rama.sangye at gmail.com>
Cc: "reader-list at sarai.net" <reader-list at sarai.net>
Date: Friday, December 26, 2008, 6:55 PM

Dear all,

It seems that there is no such rule as mentioned.

According to the Conduct of Election Rules, 1961. Statutory Rules and Order
section 49-O reads as-

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.

http://lawmin.nic.in/ld/subord/cer1.htm

There is no mention of -none of the above-.

Furthermore a wiki entry on Section 49-O, cautions about a -disqualification
hoax- floating on the net.

Please follow the url- http://en.wikipedia.org/wiki/49-O#Text_of_Rule_49-O

Best

Taha



On Fri, Dec 26, 2008 at 10:09 AM, V Ramaswamy <rama.sangye at gmail.com>
wrote:

> Election Commission wants Electronic Voting Machine options to include
> "none
> of the above".
>
> See:  http://cuckooscall.blogspot.com/2008/12/vote-none-of-above.html
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