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One of the most common forms in the modern world provides for pre-
printed ballot papers with the name of the candidates or questions and
respective checkboxes. Provisions are made at the polling place for the voter
to record their preferences in secret. The ballots are specifically designed to
eliminate bias and to prevent anyone from linking voter to ballot.
When basic tenet of election i.e. ‘secret ballot’ is applied upon the right
of ‘49 O’ the theory crumbles as house of cards, because once an elector
proposes to exercise this right he had to make” 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.” Meaning thereby that his vote of Dissent is now an open secret and
hence it is apparently not in consonance with Secret Ballot rule – which is the
basic tenet of election.
Another aspect is to be considered that now almost in all levels of
elections in India the electronic voting machines are being used. EVMs
(Electronic Voting Machines) manufactured in 1989-90 were used on
experimental basis for the first time in 16 Assembly Constituencies in the
States of Madhya Pradesh (5), Rajasthan (5) and NCT of Delhi (6) at the
General Elections to the respective Legislative Assemblies held in November,
1998.
An Electronic Voting Machine consists of two Units – a Control Unit and
a Balloting Unit – joined by a five-meter cable. The Control Unit remains with
the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside
the voting compartment. Instead of issuing a ballot paper, the Polling Officer
in-charge of the Control Unit will press the Ballot Button. This will enable the
voter to cast his vote by pressing the blue button on the Balloting Unit against
the candidate and symbol of his choice. EVMs can cater to a maximum of 64
candidates. There is provision for 16 candidates in a Balloting Unit. If the total
number of candidates exceeds 16, a second Balloting Unit can be linked
parallel to the first Balloting Unit. Similarly, if the total number of candidates
exceeds 32, a third Balloting Unit can be attached and if the total number of
candidates exceeds 48, a fourth Balloting Unit can be attached to cater to a
maximum of 64 candidates. (Source http://www.eci.gov.in/faq/evm.asp ).
It is evident from the above fact that there is no provision for ’49 O’ in
an EVM, hence person exercising this right does not have equal status than a
general voter who casts his positive vote, and this anomaly is to be tackled in
right earnest also by making provision in the EVMs.