Article 49-O of our Constitution. Does it exist?

Image from: Churumuri, swalpa sihi, swalpa spicey

By now, most of readers of this blog must have received a chain mail stating that there is a right provided to every citizen under Article (sic) 49-O of the Constitution of India wherein voters can refrain from voting and if such voters exceed the number of votes of the winning candidate, then the winning candidate’s candidature gets cancelled and re-poll has to be ordered.

Well, the above is untrue and the email is a fake.

For starters, there is no Article 49-O in our Constitution. The said rumour emanates from Rule 49-O of the Conduct of Election Rules, the said Rule 49-O reads as below:

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.

Hence this rule deals with persons who decide not to vote. But the Conduct of Election Rules, 1961, nowhere provide any cancellation of candidature or negative declaration of result on the basis of this rule. There is no cancellation on the basis of Rule 49-O and there is no re-poll. Readers are advised and encouraged to read the complete rules to satisfy themselves.

Negative voting if introduced may be a debatable concept since just as voters may get swayed by unethical electoral tactics in regular voting, the same can also happen in negative voting resulting in a sway of voters towards negative votes through unethical enticement.

So people, do not get enthused by fake emails, the right to vote is the most potent tool in your hand, exercise it, and exercise it with due diligence.
But Vote you must.

Posted by Navdeep/ Maj Navdeep Singh (TA)
(Major Navdeep Singh, Serving TA officer, Practising Law in Chandigarh HC)
Indian Military: Service Benefits and Issues

Comment: We thank Maj Navdeep for enlighting us on the false email doing the rounds. It is the duty and responsibility of all ESM organisations to educate their members to vote which is a sacred duty of every citizen. ESM newsletters, brochures, and thrust must be proactive advocating genuine interest in the welfare of Jawans and the Nation at large, rather than conceiving dubious means of garnering more and more funds to enrich the bank accounts without matching contribution to the welfare of its members.