The first problem would be the lack of cooperation from the election commission staffs, a person will have to make a firm request and only then there will action from the election staffs. I have come across an incident when a person what to excise 49(0) and request the booth office for information. The booth office remained salient, on seeing this, the person developed a fear and decide to vote for some. final that person made vote for candidate. Had the office been cooperative or supportive the person would have recorded his choice but now he forced to choose.
The second problem is that the voters identity would be revealed to booth agent and election commission staffs. when a person choose 49(0), he does go the voting machine. This is an indication that a person has opted 49(0). the list of the voters is already with booth agent and it easy for them to make record of persons who have made a choice of 49(0). which could used to discriminate people. The best example is the recent filed PIL in Madras high court, There was information that the police is collecting the list of persons who have voted for or in accordance with 49(0). The petitioner said in court that “We learnt from Tamil newspapers that the director general of police and superintendent of police, Q Branch, have unleashed an unsustainable imagination that those who opted for Rule 49(O) could have links with Naxalites and are branded as violators of law”.
This is clear case of unequal treatment, can anybody gather a list of person who has voted for party X, it will not be possible at all, but why unjustly risk those persons who has voted against all the candidates (that is 49(0) ). The election commission and the government should think of getting the 49(0) option in the voting machine itself so that the voters are not unjustly or unreasonably affected.
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