The truth of article 49-O

Few days back, I got a mail from a friend of mine. Here's what it looked like

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 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, 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...

"Please forward this mail to as many as possible, so that we, the people of India, can really use this power to save our nation". Use your voting right for a better INDIA.

I was taken aghast from this mail. How could our constitution incorporate something so stupid? But I then decided to do some study on it unlike the dear friend of mine who sent it to me (No offence dude).

When I typed in 49-O in my search browser I simply couldn't locate anything from the Indian Government, because it was overshadowed by a thousands of blog posts, forum debates, discussing the impact of 49-O on our electoral and democratic system. And they all seemed to say that it was something to do an Act passed on in 1969.

An email has being doing the rounds, even more so after the Mumbai blasts claiming that the citizens can invoke article 49-O through which they can tick "no vote" on the ballot and hence have re-polls.

But here's the strange part: there's nothing about elections in the 1969 Amendment Act. What the masses are referring to is in fact "Conduct of Elections Rules, 1961" document. And here's what it says: (from the Indian Government's Website)

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.

Update: The real inclusion of article 49-0 in the rule book is to prevent election fraud, so that other people don't caste their vote using your identity. The Election Commission didn't bother extending it further specifying what would happen in case the number of "none" votes exceeded those of the other candidates.

Retired high court judge, Hosbet Suresh, says, "We have discussed negative voting a number of times during our meets, and even put forth a proposal for the same, but it's yet to be put into action."

This means two things:

1) You have to reveal your identity. Because once you decide not to vote you will have to sign next to your name claiming so. Now this is alright. A lot of us are agitated and wouldn't mind revealing our identity even if it goes against the spirit of the secret ballot (but in this case it's a special situation since you aren't really "casting" a vote, you're refraining to do so).

However the second thing it also means is that:

2) There will be no re-polls.

The result will remain the same, the guy who gets the highest number of votes wins. Which also means that even if the majority of the nation feels that amongst the candidates standing none of them fits the bill and none would do justice to the nation as the next PM, theres no rule (as of now) which will ensure re-polling.

Apparently this mail has been doing the rounds for the last 2 years urging people to "take the initiative" to "change" the nation.

The guy who drafted the email; and I'm sure his heart is in the right pace, just became the initiator of a hoax and putting this mail in the same league as that of Jessica, the cute little girl who has been suffering from leukemia AND has been 10 ten years old for the last 9 years.

People tend to follow the masses and go with the flow. So as of now, refusing to cast a vote for any of the candidates (meaning voting for none of the above) and not getting out of your bed on the day of voting means the exact same thing.

Or maybe not, maybe if a substantial percentage of the registered voters opt for "none" we can show the nation what the nation really seeks and send a message across.

But please remember that you cannot choose "Vote Nobody" because no such provision exists!

Even if you decide not to vote and rather sleep at home, elections will still place, and a politician who can do a lot of bad for an already troubled India will come to power.

Instead we all should vote, so that it is our man who comes to power, who can do us all some good. After all, we are responsible for the people we elect. If we say that our Home Minister is corrupt and inefficient, do we ask ourselves "Who elected him?" WE DID!

And if we want someone better, there is one and only one way out, elect someone better by voting!


In a democracy, it is our basic right to vote, and it is a very powerful right. We, the youth of India can do wonders by exercising this right. We must participate actively in this process of democracy, and not just criticize and abuse it.

In South Mumbai, which is the hub of the booming economy of Mumbai, only 40% citizens vote! And then they expect higher security when they dine at Taj Hotel! Haha! But if you don't vote, you have no right to ask for anything in return from the government!


I am not targetting only South Mumbai. We all have been wrong somewhere. But still time is not lost. Let us initiate a complete make-over! I have two ideas:


P.S - Do not forward random e-mails to people without researching your matter. Half knowledge is dangerous! Use the internet cautiously and for the right purpose.