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

[Taha Mehmood]

Dear Kshmendra,

Thanks indeed for clarifying that out. I appreciate that. Though it is
still not clear whether the Election Commission has in principle take
a decision to include a -none of the above- column in EVM's. It seems
that a proposal has been forwarded but a final word is awaited. Lets
see...

Regards

Taha

On 12/26/08, Kshmendra Kaul <kshmendra2005 at yahoo.com> wrote:
> 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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