Thursday 5 January 2012

Right to Not vote - Clause 49 (O)

There are queries coming up,on how to use the provision and what difference will it make to the election results.The Election Commission,too,will focus on the training of the presiding officers on the use of the particular clause,along with other things,during elections.

The right to reject is well within the reach of voters,provided they exercise it.Clause 49(O) of the Conduct of Election Rules,1961,gives voters the right to exercise their franchise and yet not vote,in case they do not find any of the candidates on the ballot list,suitable.The voter can take this decision at the last moment, said a senior official of the election commission.


It is well within the contours of the law to say no to vote.People can visit the polling booth,complete all the formalities and come out without casting the vote.In that case also a person will get the mark of ink on his finger, said the official,thus signifying that the person has very much used his right to vote'.
However,when asked if the EC has any figures available on the number of people,who decided against voting in the past election,the official said,there is no compilation of any such data. The information on such voters is also confidential.


The EC has roped in NGOs to increase voter awareness in the state.However,the use of provision is not without the stumbling blocks.In several previous elections,we have observed that it is the lesser knowledge of presiding officers about the clause,which makes using it a cumbersome process, said IC Dwivedi,state coordinator,Association for Democratic Reforms (ADR),UP.

Many a times,we get queries on the provision from the educated voters also,and when they are told about the process,they get discouraged,he said.However,when asked about this,the election commission officers said that all the presiding officers,before going to the polling booths,will be given a proper training.
Besides,it's the fear of one's identity being revealed that might be holding the voters back from exercising the right not to vote'.

A person dreads to be singled-out,particularly,in his locality,and might not use it.But,more awareness on it can do away with the inhibitions,feel social activists.
The no-votes do not impact the overall outcome of the election.People wishing to exercise clause 49(O) have to also declare their intention to the presiding officer of the polling station.The reason given by the voters are also monitored.

If there are more than 50% no-votes,the constituency would go for repoll.When told about this,people get slightly discouraged, said Sharma.

WAY TO A NO-VOTE

The law enables a voter to decline casting his vote at the last stage If he decides not to vote after signing the register,he must inform the presiding officer immediately Presiding officer takes back voters slip and records in register that voter has declined to exercise right Voter will have to sign on register to verify his decision.

Source : Times of India 
http://timesofindia.indiatimes.com/india/Anna-effect-UP-voters-explore-the-right-to-reject/articleshow/11370200.cms

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