THE CONDUCT OF ELECTIONS RULES, 1961

PART I

Preliminary

1. Short title and commencement.-(1) These rules may be called the

Conduct of Elections Rules, 1961.

(2) They shall come into force on the 25th day of April, 1961:

Provided that these rules shall not apply to or in relation to any

election called but not completed before that date and the

Representation of the People (Conduct of Elections and Election

Petitions) Rules, 1956, shall continue to apply to or in relation to

any such election as if these rules had not been made.

2. Interpretation.-(1) In these rules, unless the context otherwise

requires,-

(a) "Act" means the Representation of the People Act, 1951 (43

of 1951);

(b) "ballot box" includes any box, bag or other receptacle used for

the insertion of ballot paper by voters;

2[(ba) "counterfoil" means the counterfoil attached to a ballot

paper printed under the provisions of these rules;]

3[(bb) "district election officer", in relation to a constituency in

a Union territory, means the returning officer of that constituency;]

of States by the elected members of the Legislative Assembly of a

State by the members of the electoral college of a Union territory, or

an election to the Legislative Council of a State by the members of

the Legislative Assembly of that State;

(d) "elector", in relation to an election by assembly members, means

any person entitled to vote at that election;

(e) "electoral roll", in relation to an election by assembly

members, means the list maintained under section 152 by the returning

officer for that election;

(f) "electoral roll number" of a person means-

(i) the serial number of the entry in the electoral roll in respect of

that person;

(ii) the serial number of the part of the electoral roll in which such

entry occurs; and

(iii) the name of the constituency to which the electoral roll

relates;

4[(g) "Form" means a Form appended to these rules and in respect of

any election in a State, includes a translation thereof in any of the

languages used for official purposes of the State;

____________________________________________________________ ___ __

1. Published with the Ministry of Law Notifn. No. S.O. 859, dated

the 15th April, 1961, see Gazette of India, Extraordinary, Part II,

Section 3(ii), Page 419.

2. Ins. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

3. Ins. by Notifn. No. S.O. 3875, dated the 15th December, 1966.

4. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966,

for cl. (g).

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1[(gg) "marked copy of the electoral roll" means the copy of the

electoral roll set apart for the purpose of marking the names of

electors to whom ballot papers are issued at an election;]

(h) "polling station", in relation to an election by assembly

members, means the place fixed under section 29 for taking the poll at

that election;

(i) "presiding officer" includes-

(i) any polling officer performing any of the functions of a presiding

officer under sub-section (2) or sub-section (3) of section 26; and

(ii) any returning officer while presiding over an election under

sub-section (2) of section 29;

(j) "returning officer" includes any assistant returning officer

performing any function he is authorised to perform under sub-section

(2) of section 22;

(k) "section" means a section of the Act.

(2) For the purposes of the Act or these rules, a person who is unable

to write his name shall, unless otherwise expressly provided in these

rules, be deemed to have signed an instrument or other paper if-

(a) he has placed a mark on such instrument or other paper in the

presence of the returning officer or the presiding officer or such

other officer as may be specified in this behalf by the Election

Commission, and

(b) such officer on being satisfied as to his identity has attested

the mark as being the mark of that person.

(3) Any requirement under these rules that a notification, order,

declaration, notice or list issued or made by any authority shall be

published in the Official Gazette shall, unless otherwise expressly

provided in these rules, be construed as a requirement that it shall

be published in the Gazette of India if it relates to an election to,

or membership of, either House of Parliament or an electoral college,

and in the Official Gazette of the State, if it relates to an election

to, or membership of, the House or either House of the

State Legislature.

(4) The General Clauses Act, 1897 (10 of 1897) shall apply for the

interpretation of these rules as it applies for the interpretation of

an Act of Parliament.

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

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PART II

General provisions

3. Public notice of intended election.-The public notice of an

intended election referred to in section 31 shall be in Form 1 and

shall, subject to any directions of the Election Commission, be

published in such manner as the returning officer thinks fit.

4. Nomination paper.-Every nomination paper presented under

sub-section (1) of section 33 shall be completed in such one of the

Forms 2A to 2E as may be appropriate:

Provided that a failure to complete or defect in completing, the

declaration as to symbols in a nomination paper in Form 2A or Form 2B

shall not be deemed to be a defect of a substantial character within

the meaning of sub-section (4) of section 36.

5. Symbols for elections in parliamentary and assembly

constituencies.-(1) The Election Commission shall, by notification in

the Gazette of India, and in the Official Gazette of each State,

specify the symbols that may be chosen by candidates at elections in

parliamentary or assembly constituencies and the restrictions to which

their choice shall be subject.

(2) 1[Subject to any general or special direction issued by the

Election Commission either under sub-rule (4) or sub-rule (5) of rule

10, where at any such election], more nomination papers than one are

delivered by or on behalf of a candidate, the declaration as to

symbols made in the nomination paper first delivered, and no other

declaration as to symbols, shall be taken into consideration under

rule 10 even if that nomination paper has been rejected.

6. Authentication of certificates issued by the Election

Commission.-A certificate issued by the Election Commission under

2[sub-section (2) of section 9] or under sub-section (3) of section 33

shall be signed by the Secretary to the Election Commission and shall

bear its official seal.

7. Notice of nominations.-The notice of nominations under section

35 shall be in such one of the Forms 3A to 3C as may be appropriate.

3[8. List of validly nominated candidates.-(1) The list of validly

nominated candidates referred to in sub-section (8) of section 36

shall be in Form 4.

(2) The name of every such candidate shall be shown in said list as it

appears in his nomination paper:

Provided that if a candidate considers that his name is incorrectly

spelt or is otherwise incorrectly shown in his nomination paper or is

different from the name by which he is popularly known, he may, at any

time before the list of contesting candidates is prepared furnish in

writing to the returning officer the proper form and spelling of his

name and the returning officer shall, on being satisfied as to the

genuineness of the request, make the necessary correction or

alteration in the list in Form 4 and adopt that form and spelling in

the list of contesting candidates.]

9. Notice of withdrawal of candidature.-(1) A notice of withdrawal of

candidature under sub-section (1) of section 37 shall be in Form 5 and

shall contain the particulars set out therein; and on receipt of such

notice, the returning officer shall note thereon the date and time at

which it was delivered.

(2) The notice under sub-section (3) of section 37 shall be in Form 6.

10. Preparation of list of contesting candidates.-(1) The list of

contesting candidates referred to in sub-section (1) of section 38

shall be in Form 7A or Form 7B as may be appropriate and shall contain

the particulars set out therein and shall be prepared in such language

or languages as the Election Commission may direct.

4* * * * *

(3) If the list is prepared in more languages than one, the names of

candidates therein shall be arranged alphabetically according to the

script of such one of those languages as the Election Commission may

direct.

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971,

for certain words.

2. Subs. by Notifn. No. S.O. 1542, dated the 25th April, 1967.

3. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966,

for rule 8.

4. Sub-rule (2) omitted by Notifn. No. S.O. 3662, dated the 12th

October, 1964.

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(4) At an election in a parliamentary or assembly constituency, where

a poll becomes necessary, the returning officer shall consider the

choice of symbols expressed by the contesting candidates in their

nomination papers and shall, subject to any general or special

direction issued in this behalf by the Election Commission,-

(a) allot a different symbol to each contesting candidate in

conformity, as far as practicable, with his choice; and

(b) if more contesting candidates than one have indicated their

preference for the same symbol decide by lot to which of such

candidates the symbol will be allotted.

(5) The allotment by the returning officer of any symbol to a

candidate shall be final except where it is inconsistent with any

directions issued by the Election Commission in this behalf in which

case the Election Commission may revise the allotment in such manner

as it thinks fit.

(6) Every candidate or his election agent shall forthwith be informed

of the symbol allotted to the candidate and be supplied with a

specimen thereof by the returning officer.

1[11. Publication of list of contesting candidates and declaration of

result in uncontested election.-(1) The returning officer shall,

immediately after its preparation, cause a copy of the list of

contesting candidates to be affixed in some conspicuous place in his

office and where the number of contesting candidates is equal to, or

less than, the number of seats to be filled, he shall, immediately

after such affixation, declare under sub-section (2) or as the case

may be, sub-section (3) of section 53 the result of the election in

such one of the Forms 21 to 21B as may be appropriate and send signed

copies of the declaration to the appropriate authority, the Election

Commission and the chief electoral officer.

(2) If a poll becomes necessary under sub-section (1) of section 53,

the returning officer shall supply a copy of the list of contesting

candidates to each such candidate or his election agent, and then

shall also publish the list in the Official Gazette.]

12. Appointment of election agent.-2[(1) Any appointment of an

election agent under section 40 shall be made in Form 8 and the notice

of such appointment shall be given by forwarding the same in duplicate

to the returning officer who shall return one copy thereof to the

election agent after affixing thereon his seal and signature in token

of his approval of the appointment.]

(2) The revocation of the appointment of an election agent under

sub-section (1) of section 42 shall be made in Form 9.

13. Appointment of polling agents.-(1) The number of polling agents

that may be appointed under section 46 shall be one agent and two

relief agents.

(2) Every such appointment shall be made in Form 10 and shall be made

over to the polling agent for production at the polling station or the

place fixed for the poll, as the case may be.

(3) No polling agent shall be admitted into the polling station or the

place fixed for the poll unless he has delivered to the presiding

officer the instrument of his appointment under sub-rule (2) after

duly completing and signing before the presiding officer the

declaration contained therein.

14. Revocation of the appointment of a polling agent.-(1) The

revocation of the appointment of a polling agent under sub-section (1)

of section 48 shall be made in Form 11 and lodged with the presiding

officer.

(2) In the event of any such revocation the candidate or his election

agent may, at any time before the poll is closed, make a fresh

appointment in the manner specified in rule 13 and the provisions of

that rule shall apply to every such agent.

15. Publication of the hours fixed for polling.-The hours fixed for

polling under section 56 shall be published by notification in the

Official Gazette.

16. Voting normally to be in person.-Save as hereinafter provided,

all electors voting at an election shall do so in person at the

polling station provided for them under section 25 or, as the case may

be, at the place of polling fixed under section 29.

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968

(w.e.f. 1-1-1969).

2. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966,

for sub-rule (1).

---------------------------------------------------------------------- PART III

Postal ballot

17. Definitions.-In this Part,-

(a) ``service voter'' means any person who is required to give his

vote by postal ballot under clause (a) of section 60;

(b) ``special voter'' means any person holding an office to which the

provisions of sub-section (4) of section 20 of the Representation of

the People Act, 1950 (43 of 1950) are declared to apply or the wife of

such person, if he or she has been registered as an elector by virtue

of a statement made under sub-section (5) of the said section;

officer, presiding officer or other public servant, who is an elector

in the constituency and is by reason of his being on election duty

unable to vote as the polling station where he is entitled to vote.

18. Persons entitled to vote by post.-The following persons shall,

subject to their fulfilling the requirements hereinafter specified, be

entitled to vote by post, namely:-

(a) at an election in a parliamentary or assembly constituency-

(i) special voters;

(ii) service voters;

(iii) voters on election duty; and

(iv) electors subjected to preventive detention;

(b) at an election in a council constituency-

(i) voters on election duty;

(ii) electors subjected to preventive detention; and

(iii) electors in the whole or any specified parts, of the

constituency if directed by the Election Commission in this behalf

under clause (b) of rule 68;

(i) electors subjected to preventive detention; and

(ii) all electors if directed by the Election Commission in this

behalf under clause (a) of rule 68.

19. Intimation by special voters.-A special voter who wishes to vote

by post at an election shall send an intimation in Form 12 to the

returning officer so as to reach him at least ten days before the date

of poll; and on receipt of the intimation the returning officer shall

issue a postal ballot paper to him.

20. Intimation by voters on election duty.-1[(1)] A voter on election

duty who wishes to vote by post at an election shall send an

application in Form 12 to the returning officer so as to reach him at

least seven days or such shorter period as the returning officer may

allow before the date of poll; and if the returning officer is

satisfied that applicant is a voter on election duty, he shall issue a

postal ballot paper to him.

2[(2) Where such voter, being a polling officer, presiding officer or

other public servant on election duty in the constituency of which he

is an elector, wishes to vote in person at an election 3[in a

parliamentary or assembly constituency] and not by post, he shall send

an application in Form 12A to the returning officer so as to reach him

at least four days, or such shorter period as the returning officer

may allow, before the date of poll; and if the returning officer is

satisfied that the applicant is such public servant and voter on

election duty in the constituency, he shall-

(a) issue to the applicant an election duty certificate in Form 12B,

(b) mark "EDC" against his name in the marked copy of the electoral

roll to indicate that an election duty certificate has been issued to

him, and

he would otherwise have been entitled to vote.]

21. Electors under preventive detention.-(1) The appropriate

Government shall, within fifteen days of the calling of an election,

ascertain and intimate to the returning officer the names of the

electors, if any, subjected to preventive detention together with

their addresses and electoral roll numbers and the particulars about

their places of detention.

(2) Any elector subjected to preventive detention may, within fifteen

days of the calling of an election, send an intimation to the

returning officer that he wishes to vote by post, specifying his name,

address, electoral roll number and place of detention.

(3) The returning officer shall issue a postal ballot paper to every

elector subjected to preventive detention whose name has been

intimated to him under sub-rule (1) or under sub-rule(2).

22. Form of ballot paper.-4[(1) Every postal ballot paper shall have

a counterfoil attached thereto, and the said ballot paper and the

counterfoil shall be in such form, and the particulars therein shall

be in such language or languages, as the Election Commission may

direct.]

(2) The names of the candidates shall be arranged 5[on the postal

ballot paper] in the order in which they appear in the list of

contesting candidates.

(3) If two or more candidates bear the same name, they shall be

distinguished by the addition of their occupation or residence or in

some other manner.

_________________________________________________________________ ___

1. Rule 20 renumbered as sub-rule (1) of that rule by Notifn. No.

S.O. 3662, dated the 12th October, 1964.

2. Ins., ibid.

3. Ins. by Notifn. No. S.O. 3450, dated the 9th November, 1966.

4. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971,

for sub-rule (1).

5. Ins., ibid.

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CONDUCT OF ELECTIONS RULES, 1961

(Statutory Rules and Order)

23. Issue of ballot paper.-(1) A postal ballot paper shall be sent by

post under certificate of posting to the elector together with-

(a) a declaration in Form 13A;

(b) a cover in Form 13B;

(d) instructions for the guidance of the elector in Form 13D:

Provided that the returning officer may, in the case of a special

voter or a voter on election duty, deliver the ballot paper and Forms,

or cause them to be delivered, to such voter personally.

1[(2) The returning officer shall at the same time-

(a) record on the counterfoil of the ballot paper the electoral roll

number of the elector as entered in the marked copy of the electoral

roll;

(b) mark the name of the elector in the marked copy of the electoral

roll to indicate that a ballot paper has been issued to him, without

however recording therein the serial number of the ballot paper issued

to that elector; and

station.]

(3) Before any ballot paper is issued to an elector at an election in

a local authorities' constituency or by assembly members, the serial

number of the ballot paper shall be effectively concealed in such

manner as the Election Commission may direct.

(4) Every officer under whose care or through whom a postal ballot

paper is sent shall ensure its delivery to the addressee without

delay.

(5) After ballot papers have been issued to all the electors entitled

to vote by post, the returning officer shall-

(a) at an election in a parliamentary or assembly constituency, seal

up in a packet that part of the marked copy of the electoral roll

which relates to service voters and record on the packet a brief

description of its contents and the date on which it was sealed and

send the other relevant parts of the marked copy to the several

presiding officers 2[or marking the names of electors to whom ballot

papers are issued at the polling stations without however recording

therein the serial numbers of the ballot papers issued to the

electors]; and

(b) at any other election, seal up in a packet the marked copy of the

electoral roll and record on the packet a brief description of its

contents and the date on which it is sealed.

3[(6) The returning officer shall also seal up in a separate packet

the counterfoils of the ballot papers issued to electors entitled to

vote by post and record on the packet a brief description of its

contents and the date on which it was sealed.]

24. Recording of Vote.-(1) An elector who has received a postal

ballot paper and desires to vote shall record his vote on the ballot

paper in accordance with the directions contained in Part I of Form

13D and then enclose it in the cover in Form 13B.

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971,

for sub-rule (2).

2. Subs., ibid.

3. Ins., ibid.

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(2) The elector shall sign the declaration in Form 13A in the presence

of, and have the signature attested by, a stipendiary magistrate or

such other officer specified below, as may be appropriate, to whom he

is personally known or to whose satisfaction he has been identified-

(a) in the case of a service voter, such officer as may be appointed

in this behalf by the Commanding Officer of the unit, ship or

establishment in which the voter or her husband, as the case may be,

is employed or such officer as may be appointed in this behalf by the

diplomatic or consular representative of India in the country in which

such voter is resident;

(b) in the case of a special voter, an officer not below the rank of a

Deputy Secretary to Government;

the presiding officer of the polling station at which he is on

election duty];

(d) in the case of an elector under preventive detention, the

Superintendent of the Jail or the Commandant of the detention camp in

which the elector is under detention; and

(e) in any other case, such officer as may be notified in this behalf

by the Election Commission.

25. Assistance to illiterate or infirm voters.-(1) If an elector is

unable through illiteracy, blindness or other physical infirmity to

record his vote on a postal ballot paper and sign the declaration, he

shall take the ballot paper, together with declaration and the covers

received by him to an officer competent to attest his signature under

sub-rule (2) of Rule 24 and request the officer to record his vote and

sign his declaration on his behalf.

(2) Such officer shall thereupon mark the ballot paper in accordance

with the wishes of the elector in his presence, sign the declaration

on his behalf and complete the appropriate certificate contained in

Form 13A.

26. Re-issue of ballot paper.-(1) When a postal ballot paper and

other papers sent under rule 23 are for any reason returned

undelivered, the returning officer may re-issue them by post under

certificate of posting or deliver them or cause them to be delivered

to the elector personally on a request being made by him.

(2) If any elector has inadvertently dealt with the ballot paper or

any of the other papers sent to him under rule 23 in such a manner

that they cannot conveniently be used, a second set of the papers

shall be issued to him after he has returned the spoiled papers and

satisfied the returning officer of the inadvertence.

(3) The returning officer shall cancel the spoiled papers so returned

and keep them in a separate packet after noting thereon the

particulars of the election and the serial numbers of the cancelled

ballot papers.

27. Return of ballot paper.-(1) After an elector has recorded his

vote and made his declaration under rule 24 or rule 25, he shall

return the ballot paper and declaration to the returning officer in

accordance with the instructions communicated to him in Part II of

Form 13D so as to reach the returning officer before 2[the hour fixed

for the commencement of counting of votes].

(2) If any cover containing a postal ballot paper is received by the

returning officer after the expiry of the time fixed in sub-rule (1),

he shall note thereon the date and time of its receipt and shall keep

all such covers together in a separate packet.

(3) The returning officer shall keep in safe custody until the

commencement of the counting of votes all covers containing postal

ballot papers received by him.

_________________________________________________________________ ___

1. Ins. by Notifn. No. S.O. 3450, dated the 9th November, 1966.

2. Subs. by Notifn. No. S.O. 479A, dated the 27th January, 1971,

for certain words.

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1[PART IIIA

PROCEDURE FOR VOTING BY THE NOTIFIED CLASS OF ELECTORS

27A. Definitions.-In this Part, unless the context otherwise

requires,-

(a) "Assistant Returning Officer", for the notified class of electors,

means the Assistant Returning Officer notified by the Election

Commission for the purposes of this Part;

(b) "notified elector" means an elector who belongs to a class of

persons notified by the Election Commission under clause (c) of

section 60 of the Act.

27B. Special provisions for voting by the notified class of electors

.-Notwithstanding anything contained in Part III, the provisions of

this Part shall apply to a notified elector who wishes to vote by post

at an election.

27C. Intimation by a notified elector.-A notified elector, who wishes

to vote by post at an election shall send an application in Form 12C

to the Assistant Returning Officer for the notified class of electors

so as to reach him at least ten days before the date of the poll and

on receipt of the intimation such Assistant Returning Officer shall

issue a postal ballot paper to him:

Provided that an application which does not furnish complete

particulars as required in Form 12C may be rejected if such Assistant

Returning Officer, despite making reasonable efforts, is not in a

position to ascertain the requisite information:

Provided further that an application in Form 12C without a certificate

from the authorised officer as required under Part II of Form 12C

shall be rejected.

27D. Form of ballot paper.-(1) Every postal ballot paper shall have

a counterfoil attached thereto and the said ballot paper and the

counterfoil shall be in such form and the particulars therein shall be

in such language or languages as the Election Commission may direct.

(2) The names of the candidates shall be arranged on the postal

ballot paper in the order in which they appear in the list of

contesting candidates.

(3) If two or more candidates bear the same name, they shall be

distinguished by the addition of their occupation or residence or in

some other manner.

27E. Issue of ballot paper.-A postal ballot paper shall be sent by

post under certificate of posting to the notified elector together

with-

(a) a declaration in Form 13A;

(b) a cover in Form 13B;

(d) instructions for the guidance of the elector in Form 13E:

Provided that the Assistant Returning Officer of the notified class of

electors may deliver, or cause to be delivered, the ballot paper and

the Forms to the notified elector personally.

(2) The Assistant Returning Officer for the notified class of electors

shall at the same time-

(a) record on the counterfoil of the ballot paper the electoral roll

number of the elector as entered in the marked copy of the electoral

roll;

(b) mark the name of the elector in the marked copy of the electoral

roll to indicate that a ballot paper has been issued to him without,

however, recording therein the serial number of the ballot paper

issued to that elector;

station.

(3) Every officer under whose care or through whom a postal ballot

paper is sent shall ensure its delivery to the addressee without

delay.

(4) The Assistant Returning Officer for the notified class of electors

shall ensure that ballot papers are issued to all such electors whose

intimation has been received in accordance with rule 27C and who are

entitled to vote by post before eight days from the date of poll in

the constituency and shall on expiry of the said period of eight days

keep the marked copies of the electoral rolls in sealed envelopes and

record on the envelopes a brief description of its contents and the

date on which it was sealed and send the sealed envelopes to the

Returning Officer concerned.

(5) The Assistant Returning Officer for the notified class of electors

shall also seal in a separate packet the counterfoils of the ballot

papers issued to electors entitled to vote by post and record on the

packet a brief description of its contents and the date on which it

was sealed and send the sealed packet to the Returning Officer

concerned.

_________________________________________________________________ ___

1. Ins. by Notifn. No. S.O. 628[E], dated the 4th August,

1999.

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27F. Recording of vote.-(1) A notified elector who has received a

postal ballot paper and desires to vote shall record his vote on the

ballot paper in accordance with the instructions contained in Form 13E

and then enclose it in the cover in Form 13B.

(2) The notified elector shall sign the declaration in Form 13A in the

presence of, and have the signature attested by, an officer authorised

under sub-rule (2) of rule 27J.

27G. Assistance to illiterate or infirm electors.- (1) If a notified

elector is unable through illiteracy, blindness or other physical

infirmity to record his vote on a postal ballot paper and sign the

declaration, he shall take the ballot paper together with the

declaration and the covers received by him to an officer authorised

under sub-rule (2) of rule 27J and request the officer to record his

vote and sign his declaration on his behalf.

(2) Such officer shall thereupon mark the ballot paper in accordance

with the wishes of the elector in his presence, sign the declaration

on his behalf and complete all the requirements to be made in this

behlaf.

27H. Re-issue of ballot paper.-(1) When a postal ballot paper and

other papers sent under rule 27E are for any reason returned

undelivered, the Assistant Returning Officer for the notified class of

electors may re-issue them by post under certificate of posting or

deliver them or cause them to be delivered to the elector personally

either on a request being made by him or of his own.

(2) If any notified elector has inadvertently dealt with the ballot

paper or any of the other papers sent to him under rule 27E in such a

manner that they cannot conveniently be used, a second set of the

papers shall be issued to him after he has returned the spoiled papers

and satisfied the Assistant Returning Officer for the notified class

of electors of the inadvertence.

(3) The Assistant Returning Officer for the notified class of electors

shall cancel the spoiled papers so returned and keep them in a

separate packet after noting thereon the particulars of the election

and the serial numbers of the cancelled ballot papers.

27-I. Return of ballot paper.-(1) After a notified elector has

recorded his vote and made his declaration under rule 27F or rule 27G,

he shall return the ballot paper and the declaration to the Returning

Officer concerned before the hour fixed for the commencement of

counting of votes.

(2) If any cover containing a postal ballot paper is received by the

Returning Officer after the expiry of the time fixed in sub-rule (1),

he shall note thereon the date and time of its receipt and shall keep

all such covers together in a separate packet.

(3) The Returning Officer shall keep in safe custody until the

commencement of the counting of votes all covers containing postal

ballot papers received by him.

27J. Officers authorised to perform certain functions under this

Part.-(1) The officers mentioned in sub-rule (2) shall be the

authorised officers for the purpose of-

(a) sub-rule (2) of rule 27G;

(b) issuing certificate in Part II of Form 12C.

(2) Any of the following officers shall be the authorised officers for

the purpose of sub-rule (1)-

(a) an officer incharge of a migrant camp/area;

(b) an officer incharge of an office from where the migrant elector

draws his salary as a migrant employee;

elector draws his pension as a pensioner;

(d) any gazetted officer.

27K. Marked copy of the electoral roll.-The Returning Officer shall

ensure that the marked copy of the electoral roll received by him from

the Assistant Returning Officer for the notified class of electors is

used during the poll in the constituency so that such electors who

have been supplied with a postal ballot paper do not cast the vote

again.

27L. Notwithstanding anything contained in rule 54A, the Election

Commission may direct, by notification in the Official Gazette, that

the postal ballot papers may be mixed with the ordinary ballot papers

at the time of mixing of ordinary ballot papers under rule 59A and, in

that case, the Election Commission may also prescribe, by directions

to the Returning Officers, the manner in which the mixing of postal

ballot papers shall be done with the ordinary ballot papers in the

constituency.]

PART IV

VOTING IN PARLIAMENATARY AND ASSEMBLY CONSTITUENCIES

1[CHAPTER I

VOTING BY BALLOT]

28. Definitions.-2[In this Chapter and Chapter II], unless the

context otherwise requires,-

(a) "candidate" means a contesting candidate;

(b) "constituency" means a parliamentary or assembly constituency;

and

agent of a candidate duly appointed under section 46 for the polling

station and includes a candidate and the election agent of a candidate

when present at the polling station.

29. Design of ballot boxes.-Every ballot box shall be of such design

as may be approved by the Election Commission.

30. Form of ballot papers.-3[(1) Every ballot paper shall have a

counterfoil attached thereto, and the said ballot paper and the

counterfoil shall be in such form, and the particulars therein shall

be in such language or languages, as the Election Commission may

direct.]

(2) The names of the candidates shall be arranged on the ballot paper

in the same order in which they appear in the list of contesting

candidates.

(3) If two or more candidates bear the same name, they shall be

distinguished by the addition of their occupation or residence or in

some other manner.

31. Arrangements at polling stations.-(1) Outside each polling

station there shall be displayed prominently-

(a) a notice specifying the polling area the electors of which are

entitled to vote at the polling station and, when the polling area has

more than one polling station, the particulars of the electors so

entitled; and

(b) a copy of the list of contesting candidates.

(2) At each polling station, there shall be set up 2[one or more

voting compartments] in which electors can record their votes screened

from observation.

(3) The returning officer shall provide at each polling station a

sufficient number of ballot boxes, copies of the relevant part of the

electoral roll, ballot papers, instruments for stamping the

distinguishing mark on ballot papers and articles, necessary for

electors to mark the ballot papers.

_________________________________________________________________ ___

1.Ins. by Notifn. No. S.O. 230(E), dated 24th March, 1992.

2. Subs., ibid., for certain words.

3. Subs. by Notifn. No. S.O. 5573, dated the 23rd December,

1971.

----------------------------------------------------------------------

32. Admission to polling stations.-The presiding officer shall

regulate the number of electors, to be admitted at any one time inside

the polling station and shall exclude therefrom all persons other

than-

(a) polling officers;

(b) public servants on duty in connection with the election;

(d) candidates, their election agents and subject to the provisions of

rule 13, one polling agent of each candidate;

(e) a child in arms accompanying an elector;

(f) a person accompanying a blind or infirm elector who cannot move

without help; and

(g) such other persons as the returning officer or the presiding

officer may employ under sub-rule (2) of rule 34 or sub-rule (1) of

rule 35.

33. Preparation of ballot boxes for poll.-(1) Where a paper seal is

used for securing a ballot box, the presiding officer shall affix his

own signature on the paper seal and obtain thereon the signatures of

such of the polling agents present as are desirous of affixing the

same.

(2) The presiding officer shall thereafter fix the paper seal so

signed in the space meant therefor in the ballot box and shall then

secure and seal the box in such manner that the slit for the insertion

of ballot paper thereinto remains open.

(3) The seals used for securing a ballot box shall be affixed in such

manner that after the box has been closed it is not possible to open

it without breaking the seals.

(4) Where it is not necessary to use paper seals for securing the

ballot boxes, the presiding officer shall secure and seal the ballot

box in such manner that the slit for the insertion of ballot papers

remains open and shall allow the polling agents present to affix, if

they so desire, their seals.

(5) Every ballot box used at a polling station shall bear labels, both

inside and outside, marked with-

(a) the serial number, if any, and name of the constituency;

(b) the serial number and name of the polling station;

the poll on the label outside the ballot box only); and

(d) the date of poll.

(6) Immediately before the commencement of the poll, the presiding

officer shall demonstrate to the polling agents and other persons

present that the ballot box is empty and bears the labels referred to

in sub-rule (5).

(7) The ballot box shall then be closed, sealed and secured and placed

in full view of the presiding officer and the polling agents.

1[33A. Marked copy of electoral roll.-Immediately before the

commencement of the poll the presiding officer shall also demonstrate

to the polling agents and others present that the marked copy of the

electoral roll to be used during the poll does not contain-

2[(a) any entry other than those made in pursuance of clause (b) of

sub-rule (2) of rule 20 or clause (b) of sub-rule (2) of rule 27E;

and]

3[(b) any mark other than the mark made in pursuance of clause (b) of

sub-rule (2) of rule 23 or clause (b) of sub-rule (2) of rule 27E.]

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

2. Subs. by Notifn. No. S.O. 321(E), dated the 1st May, 1996,

for cl. (a).

3. Subs. by Notifn. S.O. 92(E), dated 25-1-1998.

-----------------------------------------------------------

34. Facilities for women electors.-(1) Where a polling station is for

both men and women electors, the presiding officer may direct that

they shall be admitted into the polling station alternately in

separate batches.

(2) The returning officer or the presiding officer may appoint a woman

to serve as an attendant at any polling station to assist women

electors and also to assist the presiding officer generally in taking

the poll in respect of women electors, and, in particular, to help in

searching any women elector in case it becomes necessary.

35. Identification of electors.- (1) The presiding officer may employ

at the polling station such persons as he thinks fit to help in the

identification of the electors or to assist him otherwise in taking

the poll.

(2) As each elector enters the polling station, the presiding officer

or the polling officer authorised by him in this behalf shall check

the elector's name and other particulars with the relevant entry in

the electoral roll and then call out the serial number, name and other

particulars of the elector.

(3) Where the polling station is situated in a constituency, electors

of which have been supplied with identity cards under the provisions

of the Registration of Electors Rules, 1960, the elector shall produce

his identity card before the presiding officer or the polling officer

authorised by him in this behalf.

(4) In deciding the right of a person to obtain a ballot paper, the

presiding officer or the polling officer, as the case may be, shall

overlook merely clerical or printing errors in an entry in the

electoral roll, if he is satisfied that such person is identical with

the elector to whom such entry relates.

1[35A. Facilities for public servants on election duty.-(1) The

provisions of rule 35 shall not apply to any person who produces at

the polling station an election duty certificate in Form 12B and asks

for the issue of a ballot paper to him although the polling station is

different from the one where he is entitled to vote.

(2) On production of such certificate the presiding officer shall-

(a) obtain thereon the signature of the person producing it;

(b) have the person's name and electoral roll number as mentioned in

the certificate entered at the end of the marked copy of the electoral

roll; and

manner as for an elector entitled to vote at that polling station.]

36. Challenging of identity.-(1) Any polling agent may challenge the

identity of a person claiming to be a particular elector by first

depositing a sum of two rupees in cash with the presiding officer for

each such challenge.

(2) On such deposit being made, the presiding officer shall-

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him

whether he is the person referred to in that entry;

14; and

(d) require him to affix his signature in the said list.

(3) The presiding officer shall thereafter hold a summary inquiry into

the challenge and may for that purpose-

(a) require the challenger to adduce evidence in proof of the

challenge and the person challenged to adduce evidence in proof of his

identity;

(b) put to the person challenged any questions necessary for the

purpose of establishing his identity and require him to answer them on

oath; and

offering to give evidence.

(4) If, after the inquiry, the presiding officer considers that the

challenge has not been established he shall allow the person

challenged to vote; and if he considers that the challenge has been

established, he shall debar the person challenged from voting.

(5) If the presiding officer is of the opinion that the challenge is

frivolous or has not been made in good faith, he shall direct that the

deposit made under sub-rule (1) be forfeited to Government, and in any

other case, he shall return to the challenger at the conclusion of the

inquiry.

_________________________________________________________________ ___

1. Subs. by S.O. 628(E), dated the 4^th August,1999.

---------------------------------------------------------------------

37. Safeguards against personation.-(1) Every elector about whose

identity the presiding officer or the polling officer, as the case may

be, is satisfied, shall allow his left forefinger to be inspected by

the presiding officer or polling officer and an indelible ink mark to

be put on it.

(2) If any elector-

(a) refuses to allow his left forefinger to be inspected or marked in

accordance with sub-rule (1) or has already such a mark on his left

forefinger or does any act with a view to removing the ink mark, or

(b) fails or refuses to produce his identity card as required by

sub-rule (3) of rule 35,

he shall not be supplied with any ballot paper or allowed to vote.

(3) Where a poll is taken simultaneously in a parliamentary

constituency and an assembly constituency, an elector whose left

forefinger has been marked with indelible ink or who has produced his

identity card at one such election shall, notwithstanding anything

contained in sub-rules (1) and (2), be supplied with a ballot paper

for the other election.

(4) Any reference in this rule to the left forefinger of an elector

shall, in the case where the elector has his left forefinger missing,

be construed as a reference to any other finger of his left hand, and

shall, in the case where all the fingers of his left hand are missing,

be construed as a reference to the forefinger or any other finger of

his right hand, and shall in the case where all his fingers of both

the hands are missing be construed as a reference to such extremity of

his left or right arm as he possesses.

1[38. Issue of ballot papers to electors.-(1) Every ballot paper

before it is issued to an elector, and the counterfoil attached

thereto shall be stamped on the back with such distinguishing mark as

the Election Commission may direct, and every ballot paper, before it

is issued, shall be signed in full on its back by the presiding

officer.

(2) At the time of issuing a ballot paper to an elector, the polling

officer shall-

(a) record on its counterfoil the electoral roll number of the elector

as entered in the marked copy of the electoral roll;

2[(b) obtain the signature or thumb impression of that elector on the

said counterfoil; and]

roll to indicate that a ballot paper has been issued to him, without

however recording therein the serial number of the ballot paper issued

to that elector:

2[Provided that no ballot paper shall be delivered to an elector

unless he has put his signature or thumb impression on the counterfoil

of that ballot paper.

(3) Notwithstanding anything contained in sub-rule (2) of rule 2, it

shall not be necessary for any presiding officer or polling officer or

any other officer to attest the thumb impression of the elector on the

counterfoil.]

(4) No person in the polling station shall note down the serial

numbers of the ballot papers issued to particular electors.]

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

2. Ins. by Notifn. No. S.O. 518(E), dated the 7th September,

1979.

----------------------------------------------------------------------

1[39. Maintenance of secrecy of voting by electors within polling

station and voting procedure.-(1) Every elector to whom a ballot paper

has been issued under rule 38 or under any other provision of these

rules, shall maintain secrecy of voting within the polling station and

for that purpose observe the voting procedure hereinafter laid down.

(2) The elector on receiving the ballot paper shall forthwith-

(a) proceed to one of the voting compartments;

(b) there make a mark on the ballot paper with the instrument supplied

for the purpose on or near the symbol of the candidate for whom he

intends to vote;

(d) if required, show to the presiding officer the distinguishing mark

on the ballot paper;

(e) insert the folded ballot paper into the ballot box; and

(f) quit the polling station.

(3) Every elector shall vote without undue delay.

(4) No elector shall be allowed to enter a voting compartment when

another elector is inside it.

(5) If an elector to whom a ballot paper has been issued, refuses,

after warning given by the presiding officer, to observe the procedure

as laid down in sub-rule (2), the ballot paper issued to him shall,

whether he has recorded his vote thereon or not, be taken back from

him by the presiding officer or a polling officer under the direction

of the presiding officer.

(6) After the ballot paper has been taken back, the presiding officer

shall record on its back the words "Cancelled: voting procedure

violated" and put his signature below those words.

(7) All the ballot papers on which the words "Cancelled: voting

procedure violated" are recorded, shall be kept in a separate cover

which shall bear on its face the words "Ballot papers: voting

procedure violated".

(8) Without prejudice to any other penalty to which an elector, from

whom a ballot paper has been taken back under sub-rule (5), may be

liable, the vote, if any, recorded on such ballot paper shall not be

counted.]

2[40. Recording of votes of blind or infirm electors.-(1) If the

presiding officer is satisfied that owing to blindness or other

physical infirmity an elector is unable to recognise the symbols on

the ballot paper or to make a mark thereon without assistance, the

presiding officer shall permit the elector to take with him a

companion of not less than 3[eighteen] years of age to the voting

compartment for recording the vote on the ballet paper on his behalf

and in accordance with his wishes, and, if necessary, for folding the

ballot paper so as to conceal the vote and inserting it into the

ballot box:

Provided that no person shall be permitted to act as the companion of

more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the

companion of an elector on any day under this rule, the person shall

be required to declare that he will keep secret the vote recorded by

him on behalf of the elector and that he has not already acted as the

companion of any other elector at any polling station on that day.

(2) The presiding officer shall keep a record in Form 14A of all cases

under this rule.]

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 1433, dated the 19th April, 1968.

2. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964,

for rule 40.

3. Subs., by S.O. 542(E), dated the 13th September, 1989.

----------------------------------------------------------------------

41. Spoilt and returned ballot papers.-(1) An elector who has

inadvertently dealt with his ballot paper in such manner that it

cannot be conveniently used as a ballot paper may, on returning it to

the presiding officer and on satisfying him of the inadvertence, be

given another ballot paper, and 1[the ballot paper so returned and the

counterfoil of such ballot paper] shall be marked ``Spoilt:

cancelled'' by the presiding officer.

(2) If an elector after obtaining a ballot paper decides not to use

it, he shall return it to the presiding officer, and 1[the ballot

paper so returned and the counterfoil of such ballot paper] shall be

marked as ``Returned: cancelled'' by the presiding officer.

(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2)

shall be kept in a separate packet.

42. Tendered votes.-(1) If a person representing himself to be a

particular elector applies for a ballot paper after another person has

already voted as such elector, he shall, on satisfactorily answering

such questions relating to his identity as the presiding officer may

ask, be entitled, subject to the following provisions of this rule, to

mark a ballot paper (hereinafter in these rules referred to as a

"tendered ballot paper") in the same manner as any other elector.

(2) Every such person shall, before being supplied with a tendered

ballot paper, sign his name against the entry relating to him in a

list in Form 15.

1[(3) A tendered ballot paper shall be the same as the other ballot

papers used at the polling except that-

(a) such tendered ballot paper shall be serially the last in the

bundle of ballot papers issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed

on the back with the words "tendered ballot paper" by the presiding

officer in his own hand and signed by him.]

(4) The elector, after marking a tendered ballot paper in the voting

compartment and folding it, shall, instead of putting it into the

ballot box, give it to the presiding officer, who shall place it in a

cover specially kept for the purpose.

43. Closing of poll.-(1) The presiding officer shall close a polling

station at the hour fixed in that behalf under section 56 and shall

not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is

closed shall be allowed to cast their votes.

(2) If any question arises whether an elector was present at the

polling station before it was closed, it shall be decided by the

presiding officer and his decision shall be final.

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

----------------------------------------------------------------------

44. Sealing of ballot boxes after poll.-(1) As soon as practicable

after the closing of the poll, the presiding officer shall close the

slit of the ballot box, and where the box does not contain any

mechanical device for closing the slit, he shall seal up the slit and

also allow any polling agent present to affix his seal.

(2) The ballot box shall thereafter be sealed and secured.

(3) Where it becomes necessary to use a second ballot box by reason of

the first ballot box getting full, the first box shall be closed,

sealed and secured as provided in sub-rules (1) and (2) before another

ballot box is put into use.

(4) The foregoing provisions of this rule shall not apply at a polling

station to the presiding officer of which the Election Commission has

issued a direction asking him to proceed in accordance with sub-rule

(5).

(5) At any such polling station, as soon as practicable after the

close of poll, the presiding officer shall-

(a) transfer all the ballot papers contained in the ballot box or

boxes used at that polling station, without examining or counting them

and with due regard to the secrecy of the ballot, into a cloth bag or

cloth-lined cover after demonstrating to the polling agents present

that the bag or cover is empty;

(b) allow the polling agents present to inspect each ballot box and

demonstrate to them that it has been emptied;

of the polling station and the date of the poll; and

(d) seal the bag or cover and allow any polling agent present to affix

his seal thereon.

45. Account of ballot papers.-1[(1)] The presiding officer shall at

the close of the poll prepare a ballot paper account in Form 16 and

enclose it in a separate cover with the words ``Ballot Paper Account''

superscribed thereon.

2[(2) The presiding officer shall furnish to every polling agent

present at the close of the poll a true copy of the entries made in

the ballot paper account after obtaining a receipt from the said

polling agent therefor and shall also attest it as a true copy.]

46. Sealing of other packets.-(1) The presiding officer shall then

make into separate packets-

(a) the marked copy of the electoral roll;

3[(aa) the counterfoils of the used ballot paper;]

4[(b) the ballot papers signed in full by the presiding officer under

sub-rule (1) of rule 38 but not issued to the voters;

(bb) any other ballot papers not issued to the voters;

under rule 39;

(cc) any other cancelled ballot papers;]

(d) the cover containing the tendered ballot papers and the list in

Form 15;

(e) the list of challenged votes; and

(f) any other papers directed by the Election Commission to be kept in

a sealed packet.

4[(2) Each such packet shall be sealed with the seals of the presiding

officer and with the seals either of the candidate or of his election

agent or of his polling agent who may be present at the polling

station and may desire to affix his seals thereon.]

_________________________________________________________________ ___

1. Rule 45 renumbered as sub-rule (1) of that rule by Notifn. No.

S.O. 3875, dated the 15th December, 1966.

2. Subs. by Notifn. No. S.O. 229(E), dated the 26th May, 1975.

3. Ins. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

4. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968

(w.e.f. 1-1-1969).

______________________________________________________________________

47. Transmission of ballot boxes, etc., to the returning officer.-(1)

The presiding officer shall then deliver or cause to be delivered to

the returning officer at such place as the returning officer may

direct-

(a) the ballot boxes or, as the case may be, the bags or covers

referred to in rule 44;

(b) the ballot paper account;

(d) all other papers used at the poll.

(2) The returning officer shall make adequate arrangements for the

safe transport of all ballot boxes, packets and other papers and for

their safe custody until the commencement of the counting of votes.

48. Procedure on adjournment of poll.-(1) If the poll at any polling

station is adjourned under sub-section (1) of section 57, the

provisions of rules 44 to 47 shall, as far as practicable, apply as if

the poll was closed at the hour fixed in that behalf under section 56.

(2) When an adjourned poll is recommenced under sub-section (2) of

section 57, the electors who have already voted at the poll so

adjourned shall not be allowed to vote again.

(3) The returning officer shall provide the presiding officer of the

polling station at which such adjourned poll is held, with the sealed

packet containing the marked copy of the electoral roll and a new

ballot box.

(4) The presiding officer shall open the sealed packet in the presence

of the polling agents present and use the marked copy of the electoral

roll 1[for marking the names of the electors to whom the ballot papers

are issued at the adjourned poll, without however recording therein

the serial number thereof].

(5) The provisions of rules 28 to 47 shall apply in relation to the

conduct of an adjourned poll as they apply in relation to the poll

before it was so adjourned.

49. Voting by ballot at notified polling stations.-(1)

Notwithstanding anything contained in the preceding provisions of this

Part, the Election Commission may, by notification published in the

Official Gazette at least 15 days before the date, or the first of the

dates, of poll appointed for an election, direct that the method of

voting by ballot shall be followed in that election at such polling

stations as may be specified in the notification.

(2) Every such polling station is hereafter in these rules referred to

as a "notified polling station".

(3) The provisions of rules 28 to 48 shall apply in relation to every

notified polling station subject to the following modifications,

namely:-

_________________________________________________________________ ___

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971,

for certain words.

----------------------------------------------------------------------

(a) in lieu of rule 30, the following rule shall apply:-

"30A. Form of ballot paper.-Every ballot paper shall be of such

design as the Election Commisison may decide.";

(b) in lieu of sub-rules (2) and (3) of rule 31, the following sub-

rules shall apply:-

"(2) At each notified polling station there shall be set up one voting

compartment in which the ballot boxes, one for each candidate, shall

be placed for the reception of ballot papers during the poll and which

shall be so designed that an elector can insert a ballot paper in any

of the ballot boxes without being observed by any person outside the

compartment.

(3) The returning officer shall provide at each notfied polling

station a sufficient number of ballot boxes, copies of the relevant

part of the electoral roll, ballot papers and such other election

materials as may be required for taking the poll.";

sub-rules shall apply:-

"(5) The symmbol allotted to each candidate under rule 10 shall be

printed on lables which shall be affixed both inside and outside the

ballot box and such ballot box shall thereafter be deemed to have been

allotted to that candidate.

(6) Each ballot box shall also be marked with such other

distinguishing marks as the Election Commission may direct.

(7) Immediately before the commencement of the poll, the presiding

officer shall allow inspection of each ballot box by the polling

agents present and demonstrate to them that (a) it is empty, (b)

proper lables have been affixed both inside and outside the box, and

(8) After all the ballot boxes have been labelled, secured and sealed,

they shall be placed in the voting compartment side by side the same

order in which the names of the candidates to whom they have

respectively been allotted appear in the list of contesting

candidates.";

1[cc) in lieu of rule 38, the following rule shall apply:-

"38B Issue of ballot papers to electors.- (1) Every ballot paper shall

before issue to an elector be-

(a) stamped with such distinguishing mark as the Election Commission

may direct; and

(b) signed in full on its back by the presiding officer.

(2) At the time of issuing a ballot paper to an elector, the polling

officer shall record the serial number thereof against the entry

relating to the elector in the marked copy of the electoral roll.

---------------------------------------------------------------------

1. Ins. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

---------------------------------------------------------------------

(3) Save as provided in sub-rule (2), no person in the polling station

shall note down the serial numbers of the ballot papers issued to

particulars electors.";]

(d) in lieu of 1[sub-rule (2) of rule 39], the following sub-rule

shall apply:-

"(1) On receiving the ballot paper, the elector shall forthwith go

into the voting compartment and insert the ballot paper through the

slit into the ballot box allotted to the candidate for whom he wishes

to vote.";

2[(e) in lieu of sub-rule (1) of rule 40, the following sub-rule shall

apply:-

"(1) If the presiding officer is satisfied that owing to blindness or

other physical infirmity an elector is unable to recognise the symbols

on the ballot boxes or to insert the ballot paper into a ballot box,

the presiding officer shall permit the elector to take with him a

companion of not less than 3[eighteen] years of age to the voting

compartment for ascertaining from him the name of the candidate for

whom he wishes to vote and for inserting the ballot paper into the

ballot box of such candidate in accordance with the wishes of such

elector:

Provided that no person shall be permitted to act as the companion of

more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the

companion of an elector on any day under this rule, the person shall

be required to declare that he will keep secret the name of the

candidate for whom the elector has voted and that he has not already

acted as the companion of any other elector at any polling station on

that day."];

(f) in lieu of rule 42, the following rules shall apply:--

`42A. Tendered votes.- (1) If a person representing himself to be a

particular elector applies for a ballot paper after another person has

already voted as such elector, he shall, on satisfactorily answering

such questions relating to his identity as the presiding officer may

ask, be supplied with a ballot paper in Form 17 (hereafter in these

rules referred to as a "tendered ballot paper").

(2) Every such person shall, before being supplied with a tendered

ballot paper, sign his name against the entry relating to him in a

list in Form 15.

(3) Such person shall thereafter record on the tendered ballot paper

the name of the candidate for whom he wishes to vote; but if owing to

illiteracy, blindness, physical infirmity or any other reason he is

unable to make such record, the presiding officer shall do so in

accordance with his wishes.

(4) The procedure laid down in sub-rule (3) shall be followed with

due regard to secrecy.

(5) Every such tendered ballot paper shall forthwith be placed in a

cover specially kept for the purpose.

42B. Presiding officer's entry into voting compartment during poll.-

(1) The presiding officer may, whenever he considers it necessary to

do so, enter the voting compartment during poll and take such steps as

may be necessary to ensure that the ballot boxes therein are not

tampered or interfered within any way.

(2) If the presiding officer has reason to suspect that an elector who

has entered the voting compartment is tampering or otherwise

interfering with any ballot box or has remained inside the voting

compartment unduly long, he shall enter the voting compartment and

take such steps as may be necessary to ensure the smooth and prompt

progress of the poll.

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1. Subs. by Notifn. No. S.O. 1433, dated the 19th April, 1968.

2. Subs. by Notifn. No. S.O. 3662, dated the 12th October,

1964, for cl. (e).

3. Subs by S.O. 542(E), dated the 13th July, 1989.

----------------------------------------------------------------------(3) Whenever the presiding officer enters the voting compartment under

this rule he shall permit the polling agents present to accompany him.

42C. Disposal of ballot papers found wholly or partly outside ballot

boxes.- (1) If any ballot paper which has been issued to an elector

has not been inserted by him into any ballot box but is found any-

where in or near the polling station, whether within or outside the

voting compartment it shall be deemed to have been returned to the

presiding officer under sub-rule (2) of rule 41 and dealt with

accordingly.

(2) If a ballot paper is found partly inserted into the ballot box of

a candidate, it shall be presumed that the intention of the elector

was to cast that vote for that candidate and the presiding officer

shall accordingly push the ballot paper into the ballot box.';

(g) in lieu of rule 44, the following rule shall apply:-

"44A. Sealing of ballot boxes after poll.- (1) As soon as practicable

after the closing of the poll, the presiding officer shall close the

slit of each ballot box and where the boxes do not contain any

mechanical device for closing the slit, he shall seal up the slit and

also allow any polling agent present to affix his seals.

(2) All the ballot boxes shall thereafter be sealed and secured.";

1* * * * *

2[(i) clause (aa) of sub-rule (1) of rule 46 shall not apply; and

(j) in lieu of sub-rules (3) and (4) of rule 48, the following sub-

rule shall apply:-

"(3) The returning officer shall provide the presiding officer of

the polling station at which such adjourned poll is held with the

sealed packet containing the marked copy of the electors roll and

a set of new ballot boxes.

(4) The presiding officer shall open the sealed packet in the presence

of the polling agents present and use the marked copy of the electoral

roll for recoridng the serial numbers of the ballot papers issued to

elector at the ajourned poll.".]

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1.Cl.(h) omitted by Notifn. No. S.O. 518(E), dated the 7th

September, 1979.

2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971,

for cls. (i) and (j).

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1[CHAPTER II]

VOTING BY ELECTRONIC VOTING MACHINES

49A. Design of Electronic Voting Machines.-Every electronic voting

machine (hereinafter referred to as the voting machine) shall have a

control unit and a balloting unit and shall be of such designs as may

be approved by the Election Commission.

49B. Preparation of voting machine by the returning Officer.-(1) The

balloting unit of the voting machine shall contain such particulars

and in such language or languages as the Election Commission may

specify.

(2) The names of the candidates shall be arranged on the balloting

unit in the same order in which they appear in the list of the

contesting candidates.

(3) If two or more candidates bear the same name, they shall be

distinguished by the addition of their occupation or residence or in

some other manner.

(4) Subject to the foregoing provisions of this rule, the returning

officer shall,-

(a) fix the label containing the names and symbol of the contesting

candidates in the balloting unit and secure that unit with his seal

and the seals of such of the contesting candidates or their election

agents present as are desirous of affixing the same;

(b) set the number of contesting candidates and close the candidate

set section in the control unit and secure it with his seal and the

seals of such of the contesting candidates or their election agents

present as are desirous of affixing the same.

49C. Arrangements at the polling stations.-(1) Outside each polling

station there shall be displayed prominently-

(a) a notice specifying the polling area, the electors of which are

entitled to vote at the polling station and, when the polling area has

more than one polling station, the particulars of the electors so

entitled; and

(b) a copy of the list of contesting candidates.

(2) At each polling station there shall be set up one or more voting

compartments in which the electors can record their votes free from

observation.

(3) The returning officer shall provide at each polling station one

voting machine and copies of relevant part of the electoral roll and

such other election material as may be necessary for taking the poll.

(4) Without prejudice to the provisions of sub-rule (3), the returning

officer may, with the previous approval of the Election Commission,

provide one common voting machine for two or more polling stations

located in the same premises.

_________________________________________________________________ ___

1. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.

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49D. Admission to polling stations.-The presiding officer shall

regulate the number of electors, to be admitted at any one time inside

the polling station and shall exclude therefrom all persons other

than-

(a) polling officers;

(b) public servants on duty in connection with the election;

(d) candidates, their election agents and subject to the provisions of

rule 13, one polling agent of each candidate;

(e) a child in arms accompanying as elector;

(f) a person accompanying a blind or infirm elector who cannot move

without help; and

(g) such other person as the returning officer or the presiding

officer may employ under sub-rule (2) of rule 49-G or sub-rule (1) of

rule 49-H.

49E. Preparation of voting machine for poll.-(1) The control unit and

balloting unit of every voting machine used at polling station shall

bear a label marked with-

(a) the serial number, if any, and the name of the constituency;

(b) the serial number and name of the polling station or stations as

the case may be;

(d) the date of poll.

(2) Immediately before the commencement of the poll, the presiding

officer shall demonstrate to the polling agents and other persons

present that no voter has been already recorded in the voting machine

and it bears the label referred to in sub-rule (4).

(3) A paper seal shall be used for securing the control unit of the

voting machine, and the presiding officer shall affix his own

signature on the paper seal and obtain thereon the signature of such

of the polling agents present as the desirous of affixing the same.

(4) The presiding officer shall thereafter fix the paper seal so

signed in the space meant therefor in the control unit of the voting

machine and shall secure and seal the same.

(5) The seal used for securing the control unit shall be fixed in such

manner that after in unit has been sealed, it is not possible to press

the ``result button'' without breaking the seal.

(6) The control unit shall be closed and secured and placed in full

view of the presiding officer and the polling agents and the balloting

unit placed in the voting compartment.

----------------------------------------------------------------------

49F. Marked copy of electoral roll.-Immediately before the

commencement of the poll, the presiding officer shall also demonstrate

to the polling agents and others present that the marked copy of the

electoral roll to be used during the poll does not contain-

(a) any entry other than that made in pursuance of clause (b) of

sub-rule (2) of rule 20; and

(b) any mark other than the mark made in pursuance of clause (b) of

sub-rule (2) of rule 23.

49G. Facilities for women electors.-(1) Where a polling station is

for both men and women electors, the presiding officer may direct that

they shall be admitted into the polling station alternately in

separate batches.

(2) The returning officer or the presiding officer may appoint a woman

to serve as an attendant at any polling station to assist women

electors and also to assist the presiding officer generally in taking

the poll in respect of women electors, and in particular, to help

frisking any woman elector in case it becomes necessary.

49H. Identification of electors.-(1) The presiding officer may employ

at the polling station such persons as he thinks fit to help in the

identification of the electors or to assist him otherwise in taking

the poll.

(2) As each elector enters the polling station, the presiding officer

or the polling officer authorised by him in this behalf shall check

the elector's name and other particulars with the relevant entry in

the electoral roll and then call out the serial number, name and other

particulars of the elector.

(3) Where the polling station is situated in a constituency electors

of which have been supplied with identity cards under the provisions

of the Registration of Electors Rules, 1960, the elector shall produce

his identity card before the presiding officer or the polling officer

authorised by him in this behalf.

(4) In deciding the right of a person to cast his vote, the presiding

officer or the polling officer, as the case may be, shall over-look

the clerical or printing errors in an entry in the electoral roll if

he is satisfied that such person is identical with the elector to whom

such entry relates.

49-I. Facilities for public servants on election duty.-(1) The

provisions of rule 49-H shall not apply to any person who produces at

the polling station an election duty certificate in Form 12B and seeks

permission to cast his vote at that polling station although it is

different from the one where he is entitled to vote.

(2) On production of such certificate, the presiding officer shall-

(a) obtain thereon, the signature of the person producing it;

(b) have the person's name and electoral roll number as mentioned in

the certificate entered at the end of the marked copy of the electoral

roll; and

entitled to vote at that polling station.

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CONDUCT OF ELECTIONS RULES, 1961

(Statutory Rules and Order)

49J. Challenging of identity.-(1) Any polling agent may challenge the

identity of a person claiming to be a particular elector by first

depositing a sum of two rupees in cash with the presiding officer for

each such challenge.

(2) On such deposit being made, the presiding officer shall-

(a) warm the person challenged of the penalty for personation;

(b) read the relevant entry in the electoral roll in full and ask him

whether he is the person referred to in that entry;

14; and

(d) require him to affix his signature in the said list.

(3) The presiding officer shall thereafter hold a summary inquiry into

the challenge and may for that purpose-

(a) require the challenger to adduce evidence in proof of the

challenge and the person challenged to adduce evidence of proof of his

identity;

(b) put to the person challenged any questions necessary for the

purpose of establishing his identity and require him to answer them on

oath; and

offering to give evidence.

(4) If, after the inquiry, the presiding officer considers that the

challenge has not been established he shall allow the person

challenged to vote; and if he considers that the challenge has been

established, he shall debar the person challenged from voting.

(5) If the presiding officer is of the opinion that the challenge is

frivolous or has not been made in good faith, he shall direct that the

deposit made under sub-rule (1) be forfeited to Government and in any

other case, returned to the challenger at the conclusion of the

inquiry.

49K. Safeguards against personation.-(1) Every elector about whose

identity the presiding officer or the polling officer, as the case may

be, is satisfied, shall allow his left forefinger to be inspected by

the presiding officer or polling officer and an indelible ink mark to

be put on it.

(2) If any elector-

(a) refuse to allow his left forefinger to be inspected or marked in

accordance with sub-rule (1) or has already such a mark on his left

forefinger or does any act with a view to removing the ink mark, or

(b) fails or refuses to produce his identity card as required by

sub-rule (3) of rule 49-H he shall not be allowed to vote.

(3) Where a poll is taken simultaneously in a Parliamentary

constituency and an assembly constituency, and elector whose left

forefinger has been marked with indelible ink or who has produced his

identity card at one such election, shall notwithstanding anything

contained in sub-rules (1) and (2) be permitted to cast his vote for

the other election.

(4) Any reference in this rule to the left forefinger of an elector

shall, in the case where the elector has his left forefinger missing,

be construed as a reference to any other finger to his left hand, and

shall, in the case where all the fingers of his left hand are missing,

be construed as a reference to the forefinger or any other finger of

his right hand, and shall in the case where all his fingers of both

the hands are missing be construed as a reference to such extremity of

his left or right arm as he possesses.

----------------------------------------------------------------------

49L. Procedure for voting by voting machines.-(1) Before permitting

an elector to vote, the polling officer shall-

(a) record the electoral roll number of the elector as entered in the

marked copy of the electoral roll in a register of voters in Form 17A.

(b) obtain the signature or the thumb impression of the elector on the

said register of votes; and

roll to indicate that he has been allowed to vote:

Provided that no elector shall be allowed to vote unless he has his

signature or thumb impression on the register of voters.

(2) Notwithstanding anything contained in sub-rule (2) of rule 2, it

shall be necessary for any presiding officer or polling officer or any

other officer to attest the thumb impression of the elector on the

49M. Maintenance of secrecy of voting by electors within the polling

station and voting procedures.-

(1) Every elector who has been permitted to vote under rule 49-L shall

maintain secrecy of voting within the polling station and for that

purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote the elector shall proceed