I have seen Rule 49-O crop up in many such discussions. I have also heard that election agents and officers are never prepared for the use of this law. We need to spread awareness of this option and if enough people ask for it, the authorities will have to allow us to use this option.
For those who do not know, here the actual rule:
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.
What this rule effectively says is that enough people decide to say none of the above, there has to be a re-election in that constituency and none of the candidates are allowed to contest the immediate re-election as they have all been rejected.
However, the problems arise due to the fact that the electronic voting machines and ballot papers (in case of municipal/panchayat elections) do not contain any facility to reject the candidates under Rule 49-O. The only way you can exercise this rule is by informing the presiding officer of the electoral booth. Unfortunately this takes away your right to a secret ballot and in our country can put you in trouble with the politicians who you have decided to reject.
If enough people are made aware and a strong representation is presented to the Election Commission, they will have to consider including an option which allows us, the people to vote for "None of the Above".
So please spread the word to as many people as you want. Write to the Election Commission in advance on how you may exercise your rights under Rule 49-O. Perhaps they will pay heed to the people.
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