Wednesday, March 18, 2009

Negative Vote – The Positive Move


The general elections are almost round the corner. As a citizen, it is my right to cast my vote.

General question “To whom should I cast my vote?”. Answer is simple. “Any one in the ballot”.
But, what if, “I am not able to find a suitable candidate in the ballot”. Answer : “casting a vote can be completed by dropping the ballot in the ballot box. It is not necessary to mark against a candidate”. I can use my right to vote by dropping a ballot without any mark (The procedure is not that, the voter is given an opportunity to sign a separate form (Form 17-A), and submit it to the presiding officer). Majority of the voters are not aware of this. General trend is to mark against multiple candidates and make the ballot invalid. But, this can be treated as your favor for more than one candidate, even though your vote doesn’t count. If you want to show your disagree to the candidates, you should not cast your vote to any.

In the case of conventional ballot paper and ballot boxes, which was in use before(up to 1992), a voter could drop the ballot paper without marking his vote against any of the candidate.
According to the Rule 49-O of the Conduct of Elections Rules, 1961 a voter can refuse his vote by signing a separate form (Form 17-A), and submitting it to the presiding officer.

Now, with Electronic Voting Machines, a voter has the option to refuse to vote after he has been identified and necessary entries made in the Register of Electors and the marked copy of the electoral roll. But this throws up the issue of compromising with the secrecy. Secret ballot is one of the characteristic of a democratic poll. Here the polling officials and the polling agents in the polling station have the knowledge of the choice of the voter.

So, for an effective negative voting, it is important that it should have secrecy. Election Commission of India (ECI), in its electoral reforms, has recommended as:
“The Commission recommends that the law should be amended to specifically provide for negative / neutral voting. For this purpose, Rules 22 and 49B of the Conduct of Election Rules, 1961 may be suitably amended adding a provision that in the ballot paper and the particulars on the ballot unit, in the column relating to names of candidates, after the entry relating to the last candidate, there shall be a column “None of the above” to enable a voter to reject all the candidates, if he chooses so. Such a proposal was earlier made by the Commission in 2001 (vide letter dated 10.12.2001).”

The 'negative vote' was debated for many years before it reached the doors of the Supreme Court as the substance of a Public Interest Litigation (PIL) in 2004. A two-judge bench of the Supreme Court, disposing this petition on 23 February 2009, found sufficient merit in it to recommend its consideration by a larger Constitution Bench; the Government of India, opposing the petition, had argued for its outright dismissal. (Quiet natural).

The issue was brought before the court by the PUCL(People's Union of Civil Liberties), the Election Commission fully supported its petition and told the Bench that it had written letters to the Centre twice on December 10, 2001 and July 5, 2004 favoring an amendment to the Representation of People's Act (RPA) to this effect.

Nothing happened. Still the entire voters are not able to show their opinion with keeping the secrecy. Critic may argue if a voter is not willing to support any of the candidate in the list, he can show his disagree by not going to polling booth. There raises two problems. 1. I can’t use my right to vote as a citizen. 2. An impersonator can cast my vote. So the best solution is to add a new button at the bottom of the candidate list states “None of the above”. Then I can cast my vote even if I can’t support any of the candidate in the list.

It is heard that, in case the number of votes recorded under 49-O is more than those of the winning candidate, the contestants will be banned and they cannot contest the re-polling. It is a false statement but I wish if it is true.

Why governments are against public for using their rights? It is simple. They know very well that the public does not like them. If voters are aware of negative vote and started voting for “None of the above” – Oh god. Just imagine the negative votes are more than the topper. I wish if the election result is “majority of the voters are against the candidates. No one can be declared as winner. For the moral side a re-poll is required. As the result proved that majority of the voters are against the current list. They can’t appear in the re-poll.” This can happen. This fear is forcing politicians to say “NO” to “None of the above”.

A voter has the right to decide whether he need to agree or disagree with the candidates, keeping the secrecy (because secrecy of balloting is the base of the democracy).

Still debate is going on. Just think. Think. And Act

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