EC clarifies on SMS campaign

Following angry SMS campaigns calling for boycotting polls, the Election Commission on Sunday has clarified that even if people register their negative votes against any candidate, the winner will be the person who receives the maximum count among the total votes polled, even if the margin is too small. The rules, under Article 49-O in the Conduct of Election Rules, 1961, do not permit any re-poll, official sources said, much to the chagrin of the urban campaigners who wanted to shun politicians. In the wake of Mumbai terror attacks that sparked spontaneous angry protests against politicians, a SMS campaign is doing the rounds claiming that there is a provision in the Constitution under Article 49-O which permits a voter register his or her negative vote against a politician. The campaign says if the number of voters who choose to exercise the option not to vote for any contesting candidate as provided in the Rule 49-O exceeds the margin of votes secured by the winning candidate, it will invalidate the election and a re-poll will be held. Since it meant a null and void election for the winning candidate, the politicians do not talk about this rules at all, the campaigners said. This is certainly not the case. The voters who exercise the option of not voting under Rule 49-O would only be deemed to have abstained themselves from voting. The candidate who secures highest number of valid votes polled, irrespective of his winning margin, is declared elected, maintains the EC. The rules say a voter has an option not to vote at the election after he/she has been identified at the polling station and his name has been registered. The presiding officer will make a note to that effect against the voter’s name and obtain his signature. While this meant revealing of the voter’s identity, under no circumstances there would be any re-poll, official sources said

"Loved reading this piece by Shree.?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group