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mayilsamy n (student)     15 April 2011

49(O) of conduct of election 1961 and constitutional validit

" 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. "

In the recently concluded state election i have decide to opt for 49-O, The funnest part was that the presiding office was searching for 49-O for about 10 minute (actually there is no such a form for 49(0)), It shows how the election commission has educated/trained the presiding officers.

My question is can i challenge this rule under art 14, 19 and 21 of constitution of India.

Point 1 - art.14, 19
Why is that i have disclose my choice to election staff and record in writing on a public record (that is register as per sec 17A maintained by a election commission) while those who vote are also making a choice, is maintained as secret or their choice remain unknown. why a person who is making an effort to get to the election / voting booth unlike other who totally restrain from voting and decide to reject all the candidate is been singled out or been treated differently. The rule is like you are forced to make a choice among the candidates or get your identity revealed, is it against art 19 also were the law indirectly compels / force you to make a choice. 

can we challenge the sec 49(0) under article 14 - Right to equality, is it a justified classification, classification where one who rejects all candidate is treated differently compare to those who make a choice of a single candidate?

Point 2. art -21,
The worst part is that when i am excising 49(0), i will not be using the voting machine which can be noted by all the booth agent of the election candidate. can i challenge this under art 21 where my right to privacy is lost in this case.

Thanks in advance for the reply...

 



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