THE RIGHT TO VOTE NOT TO VOTE
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THE RIGHT TO VOTE NOT TO VOTE

Creative Writer

The weekends are generally periods of relaxation in my household. It is a period when elders and youngsters, family, relatives and friends become one. During weekends we generally lounge around and don’t step out of home so that our batteries are charged for the week ahead. A period of joy and camaderie. This weekend also was no different and we all sat around chatting during the day and continued to do so until the wee hours at night.

It is during weekends that we have the odd guest dropping by. Weekends are periods when we also have discussions on almost all topics under the sun. This week one of my friends who had read a novel on the election of judges to the supreme courts of the various states of America, was holding court on the election of such judges and the malpractices involved. The discussion then veered to elections in India , and I then found it necessary to explain my views on the elections in India and my utter contempt for politicians of all shades in our great country, for which I have been branded as anti-social.

I personally do not believe in voting during elections and have visited election booths only twice during my forty nine years of existence. The first time was when I achieved the status of voter, having turned twenty-onethat year and thereby becoming eligible to vote. I was curious to know what every one did there. I dutifully trudged to the assigned booth on Election Day and cast my vote to every candidate listed on the voting slip and came back fascinated with black ink on my forefinger. The second time I was told that my vote had already been cast by someone who had wanted to spare me the futility of the entire exercise. I have never stepped into a polling booth since then and I’m sure some well wisher must be casting my vote as a favor to me. I have been castigated for this by many an individual who felt that I was neglecting my beloved country and that I was doing a great disservice to our nation. However, I have had my own reasons for doing so and it was these reasons that I tried to explain to my friend last weekend.

First of all the very concept of elections in a democratic set up is to provide multiple choices to the electorate who can then assess them and choose the best of the lot to govern them. However the problem in our country lies in the fact that none of the choices are better than the others. Ultimately whoever may come to power, does not matter to the common man who’s problems ,concerns tissues are not addressed by any of them. My Critics argue that no choice can be perfect and that it is the lesser of the evils offered to us that must be chosen on election day. The very argument offered by my critics points to their acceptance of evil as a way of life and most importantly evil men as our leaders. I do agree that evil is part of any society but a society that tolerates evil in any form will only denigrate gradually and I do not want my hands to be dirtied and sullied by such denigration of society. Acceptance of the lesser evil only emboldens such evil and makes it a bigger evil than what it was before.

Having profound faith in the existence of the divine, I believe that I will be answerable to God for having chosen the wrong kind of leadership for my beloved country. Most people think that abstaining from voting is morally wrong but I request such people to check their basic premises of what they consider to be is morally right before they condemn or criticise me.

I was therefore overjoyed when a couple of years ago I received a forwarded mail from a friend of mine which elaborated on a provision in the Indian constitution which provided the voter the right to vote not to vote. I had saved this mail and am now pasting it below for your perusal.

“Subject: A wonderful tool in our constitution - do read and pass on

Did you know that there is a system in our constitution, as per the 1969 act, in section "49-O" that a person can go to the polling booth, confirm his identity, get his finger marked and convey the presiding election officer that he doesn't want to vote anyone !!!!

Yes, such a feature is available, but obviously these seemingly notorious leaders have never disclosed it. This is called "49-O".

Why should you go and say "I VOTE NOBODY"... because, in a ward, if a candidate wins, say by 123 votes, and that particular ward has received "49-O" votes more than 123, then that polling will be cancelled and will have to be re-polled. Not only that, but the candidature of the contestants will be removed and they cannot contest the re-polling, since people had already expressed their decision on them.

This would bring fear into parties and hence look for genuine candidates for their parties for election. This would change the way, of our whole political system... it is seemingly surprising why the election commission has not revealed such a feature to the public....

Please spread this news to as many as you know... Seems to be a wonderful weapon against corrupt parties in India... how your power, expressing your desire not to vote anybody, is even more powerful than voting... so don't miss your chance. So either vote, or vote not to vote (vote 49-O) and pass this info on...”

I felt vindicated when I read this mail and therefore wanted to cross check if this was true. I therefore tried to find out if this were true. While I found that two amendments to the constitution had been enacted in 1969, there was no section "49-O" in either of them.

I do not know much about the Indian Constitution and its subsequent amendment Acts. I therefore request any one who is more familiar with the constitution to throw some light on this. If the forwarded message doing the rounds was propagating something which was untrue and there was really no such amendment, then I guess it is high-time we brought about such an amendment to preserve the values enshrined in the Constitution.

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