SunniestGnome did a post on Jai Hind in October last year about the section 49-O. The post carries a discrepancy, viz. the provisions for cancellation of results or disqualification of candidates.
I follow this up with excerpts of the complete discussion below. Going through it and the enclosed links can really clear a lot of myths about this highly discussed but not very prevalent provision:
nikhilnarayanan: There is no section 49-0 on voting right! http://www.indianexpress.com/news/the-chatteranti/394809/2
imba: RT @nikhilnarayanan: There is no section 49-0 on voting right! http://www.indianexpress.com/news/the-chatteranti/394809/2
Sengupta: @nikhilnarayanan @imba There’s no 49-O in the constitution. 49-O is a Rule in the The Conduct of Elections Rules.
Sengupta: 49-O is meant to prevent electoral fraud and has no provisions for cancellation of results or disqualification of candidates.
nikhilnarayanan: @Sengupta so, Shekhar Gupta is wrong? :O
Sengupta: @nikhilnarayanan No. He’s absolutely right. He said it’s not there in the constitution- just hasn’t mentioned where the confusion stems from
nikhilnarayanan: @Sengupta ok. http://www.hinduonnet.com/2004/04/28/stories/2004042805150500.htm
Sengupta: @nikhilnarayanan The article is fine, but unfortunately the The Conduct of Elections Rules don’t specifically say what will happen (contd)
Sengupta: @nikhilnarayanan if the number of 49-Os is greater than the number of votes for any one candidate. This is one of it’s biggest problems.
Sengupta: @nikhilnarayanan I do believe there’s some work to be done yet to bring some clarity into the whole issue.
sh00nya: @Sengupta @nikhilnarayan has any one read this in its entirety http://lawmin.nic.in/legislative/election/volume%202/conduct%20of%20election%20rules,%201961.pdf
nikhilnarayanan: @Sengupta Agreed. Someone has to clarify.
Sengupta: @sh00nya I’ve read this bit: http://txtb.in/nY That’s all. I’m no expert on the rule. Just putting in my $0.02.
Sengupta: @sh00nya @nikhilnarayanan This seems to explain the status quo fairly well: http://www.49-o.info/ [MUST SEE]
sh00nya: @Sengupta true that’s there in the Conduct of Elections Rule 1961 going thru the 139 pg doc lemme see if i can get any details
Sengupta: @sh00nya Here: http://lawmin.nic.in/ld/subord/cer1.htm About halfway through the page.
sh00nya: @Sengupta precisely was going through the info there
h00nya: Point 11 of ECI guidelines says same http://www.eci.gov.in/ECI_voters_guideline_2006.pdf [MUST SEE] abt 49-O. only a note is made in Form17A, the secrecy of voter is nt protected though
nikhilnarayanan: @Sengupta Mutiny says somethin on 49-0 http://mutiny.in/2008/12/07/the-real-deal-behind-49-0/ [MUST SEE]
I hope this clears a lot of your misconceptions about the provision and keeps you better informed about the same.