PRESS RELEASE
DATE: 20 October 2012
·        Finally ‘The Election Commission of India’ responded to our letter for exercising our ‘Right Not to Vote the Listed Candidates” by using Section 49(O) the Conduct of Elections Rules, 1961. But surprisingly till today there is no response from the office of the Chief Electoral Officer of Gujarat.

  • “As you are already aware, a proposal made by the Commission for making provisions in the law for `none of the above’ button in the EVM is pending with the Govt. […]Further, the procedure to be followed in case of Rule 49-O is fully explained in the said rule. If a voter, after going through the formalities of identification, application of indelible ink on the finger, etc., decides not to vote for any candidate, he/she has to inform the polling officer/presiding officer about the decision, and the latter will then make entries in the Register of Electors to the effect that the voter decided not to vote for any candidate, and the voter will put his/her signature under such entries. It would be seen that the procedure followed under Rule 49-O is similar to that prescribed under Rule 41(2).” – Mr. K. F. Wilfred, the Principal Secretary of Election Commission of India.
Campaign VAAC
C/o Rohit Prajapati and Trupti Shah
37, Patrakar Colony, Tandalja Road, Post-Akota, Vadodara – 390 020
Phone/Fax: 0265-2320399
Email: [email protected], [email protected]
________________________________________________________________________________________________________________________________


By FAX & Email
Date: 20 October 2012

To,
Mr. K. F. Wilfred
The Principal Secretary, Election Commission of India
Nirvachan Sadan, Ashoka Road, New Delhi – 110 001

Smt. Anita Karwal
The Chief Electoral Officer, General Administration Department
Block No.7, Second Floor, Sachivalaya, Gandhinagar.

Sub: Prompt email reply of Mr. K. F. Wilfred, the Principal Secretary dated 19 October 2012 – ‘Right to Reject Candidates’. No response from office of the Chief Electoral Officer of Gujarat.

Sir/Madam,

Thanks for prompt email reply dated 19 October 2012 of Mr. K. F. Wilfred, the Principal Secretary of Election Commission of India.  But till today there is no response from the office of the Chief Electoral Officer of Gujarat.

Your letter states that “As you are already aware, a proposal made by the Commission for making provisions in the law for `none of the above’ button in the EVM is pending with the Govt. This issue is also pending before the Hon’ble Supreme Court.”

You further stated in your letter that “In so far as exercising the right under Rule 41(2) and 49-O of the Conduct of Elections Rules, 1961, is concerned, it may be noted that provisions of Rule 41(2) are applicable only in respect of elections held using ballot box and ballot papers. Further, the procedure to be followed in case of Rule 49-O is fully explained in the said rule. If a voter, after going through the formalities of identification, application of indelible ink on the finger, etc., decides not to vote for any candidate, he/she has to inform the polling officer/presiding officer about the decision, and the latter will then make entries in the Register of Electors to the effect that the voter decided not to vote for any candidate, and the voter will put his/her signature under such entries. It would be seen that the procedure followed under Rule 49-O is similar to that prescribed under Rule 41(2).

There are instructions of the Commission that the polling personnel should be thoroughly briefed at the training sessions about the procedure to be followed under Rule 49-O, so that the voters intending to avail of the provisions of that rule are able to do so.”

Let us remind you that in the State Assembly Election of 2007of Gujarat State and Parliamentary Election of 2009 the people had difficulties to exercise their right under 49(O) of the Conduct of Elections Rules, 1961 because the local booth officer in most places and even the district head in many places had no idea about section 49(O) or they were not willing to allow people to use this right for the reasons best known to them. Many voters who demanded this right were insulted and sent back or were forced to vote for any of the listed candidates.

That is why we once again request you to take following steps as part of your voter’s awareness campaign:

1. Sent official press release by organising the press conference in Gujarat State to make people aware that those who do not want to cast their vote in favour of listed candidate can also exercise their ‘right to reject the listed candidates’ by using section 49(O) of the Conduct of Elections Rules, 1961. Also send us the copy of the press release so that we can also circulate your press release to our media contacts.

2. Give advertisements in Radio, TV and newspaper about section 49(O) of the Conduct of Elections Rules, 1961.

3. Prepare a poster in Gujarati language and prominently display the poster in public places.

We are waiting for the reply of the office of the Chief Electoral Officer of Gujarat State.

Rohit Prajapati          Trupti Shah               Amrish Brahmbhatt              Kantibhai Mistry
 [ROHIT PRAJAPATI]         [TRUPTI SHAH]       [AMRISH BRAHMBHATT]          [KANTIBHAI MISTRY]
Campaign for Vote Against All Candidates [VAAC]

Copy to,
Shri Sanjeev Kumar (IAS), The Additional Chief Electoral Officer
General Administration Department, Block No.7, Second Floor, Sachivalaya, Gandhinagar

Copy of the letter 

ELECTION COMMISSION OF INDIA

 

Nirvachan Sadan, Ashoka Road, New Delhi-110 001

                                                                                         No. 4/3/2012/SDR Dated : 19th Oct. , 2012

To

        Sh. Rohit Prajapati,

        37, Patrakar Colony,

        Tandalja Road, Post-Akota,

        Vadodara.

Sub: Right to reject candidates.

Sir,

Please refer to your letter dated 18th October, 2012.

2. As you are already aware, a proposal made by the Commission for making provisions in the law for `none of the above’ button in the EVM is pending with the Govt. This issue is also pending before the Hon’ble Supreme Court.

3. In so far as exercising the right under Rule 41(2) and 49-O of the Conduct of Elections Rules, 1961, is concerned, it may be noted that provisions of Rule 41(2) are applicable only in respect of elections held using ballot box and ballot papers. Further, the procedure to be followed in case of Rule 49-O is fully explained in the said rule. If a voter, after going through the formalities of identification, application of indelible ink on the finger, etc., decides not to vote for any candidate, he/she has to inform the polling officer/presiding officer about the decision, and the latter will then make entries in the Register of Electors to the effect that the voter decided not to vote for any candidate, and the voter will put his/her signature under such entries. It would be seen that the procedure followed under Rule 49-O is similar to that prescribed under Rule 41(2) .

4. There are instructions of the Commission that the polling personnel should be thoroughly briefed at the training sessions about the procedure to be followed under Rule 49-O, so that the voters intending to avail of the provisions of that rule are able to do so.

Yours faithfully,
(K.F.WILFRED)
PRINCIPAL SECRETARY

Copy to : The Chief Electoral Officer, Gujarat, Gandhinagar.

___________________________________________________________________

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