In view of the impending elections and the lack of good candidates in some constituencies, several people have enquired about the "non-vote" under Sec. 49-O. Here are some details.
According to Sec. 49-O of the Conduct of Elections Rules, 1961, a voter has the option of not casting his vote and having the presiding officer record this fact. Sec. 49-O reads as follows:
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.
The procedure is very simple. If you want to make use of Sec. 49-O, you sign in the voters register of the polling station, get the indelible ink stain on your fingernail and tell the presiding officer that he should record your non-vote. He then will record it in the "Remarks" column of the voters register (which is the same as Form 17A) and you should sign next to it. You need not press any buttons on the EVM.
Some national newspapers have reported that the Election Commission has "instructed the presiding officers to give 49-O forms to those who demand for it". But there is no 49-O form as such. No form is given to the voter. A remark made by the voters list (i.e., Form 17A) is all that is required.
Instead of having Sec. 49-O, it would have been much better if a button "None" was provided in the list of candidates on the EVM. That would have eliminated privacy and equality under law issues plaguing the present exercise of Sec. 49-O.
Dr. Bhamy V. Shenoy, Mysore Grahakara Parishat