Recent elections saw good support for 49 (o) “no vote” option

Gopal Ethiraj

Chennai (Asiantribune): The recent general elections saw many, at least in Tamilnadu, opting for exercising their right to register ‘ not voting for anybody’. In Chennai alone more than 10,000 people opted for Rule 49 (o), which confers right to register “no vote”. Throughout the State registering of such option in large numbers worries the political parties and their candidates.

Many voters were not aware of such a provision in our Constitution. Obviously our leaders would not enlighten the voters on this; only NGOs and rights forums should. Still it is surprising so many had opted for this option in the recent elections. What is shocking is many poll officers were ignorant of such a provision. At least the election department should have briefed the poll officers on this. It was found many of them were clueless; some officials who had knowledge of it, were not familiar with the correct procedure to followed. Hence for those who asked for it, it was en embarrassment. Corporation Commissioner and District electoral officer Rajesh Lakhoni later admitted that the turnout was unexpectedly big.

The voters have right to weigh the merits and demerits of the candidates. And if the electors decide that none of the candidates is worth their vote, can they officially register their decision so. The Election Commission had said it. Even the Tamilnadu Chief Electoral Officer Naresh Gupta said before the elections, when some non-governmental organisations wanted the option of "negative voting" by providing an extra button in the electronic voting machines that says "none of the above" clause, that there was no scope for negative voting now, as the issue is before the Supreme Court, and there were provisions for electors to register their decision not to vote.

Rule 49-O of the Conduct of Election Rules, 1961, says:

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.

Since the Electronic voting machine (EVM) contains only the list of candidates, a voter cannot record his vote under Section 49-O directly. He must inform the presiding officer at the election booth. This violates the secrecy of the ballot. However, with paper ballot a different method is used to "waste" one’s vote, which is stamping on multiple candidates. In fact this was the standard method of giving null votes without violating secrecy before the advent of the EVM.

At present, in an election, a winner will be declared irrespective of the number of 'non-votes'. However, a note of every 'non-vote' will be made with the Election Officer, and the total number of non-voters will, presumably, be available under the Right to Information Act.

How safe it is? Since there is no “secrecy” you would be marked by the party poll agent and you may be in for trouble from them. So, incorporating the option in the voting machine itself at least by next elections is better.

However, exercising one’s franchise is a must. “No vote” is a civil resistance to provoke response. One who is registering so is definitely doing it for he is hurt in some way or some respect. This should correct the situation, society, system. Had not the Father of the Nation Gandhiji said: “the function of a civil resistance is to provoke response. Continue to provoke until they respond or they change the law”.

In Singapore, voting is a must. If one has not exercised his franchise, he would be called for explanation, and even punished. We are deciding the ruler of the country, we should give our opinion in it, participate in the process of election. However casting “no vote” is also opinion and participation than absenting. It is high time India brings in such facility that would accord those who had voted with some preference in their dealings with the government.