In exercise of the
powers conferred by Section 238 read with clause (26) of Section 2, Sections
10, 194, 195 and 196 of the Telangana Municipalities Act, 2019 (Act 11 of 2019)
and in supersession of the rules issued in G.O.Ms.No. 666, M.A. dated the 11th
July, 2005, as amended from time to time, the Governor of Telangana, hereby
makes the rules for the conduct of election of Members to Municipalities and
Corporations in the State, as annexed to this orders. CHAPTER – I PRELIMINARY (1)
These
Rules may be called the Telangana Municipalities and Municipal Corporations
(Conduct of Election of Members) Rules, 2019. (2)
These
rules shall come into force from the date of publication in the Telangana
Gazette. (3)
These
rules shall apply to all the Municipalities and Municipal Corporations in the
State except Greater Hyderabad Municipal Corporation. (1)
In
these rules, unless the context otherwise requires - (a)
'Act'
means the Telangana Municipalities Act, 2019; (b)
'Assistant
Returning Officer' means an officer appointed by the State Election Commission
to do any act or perform any function in connection with the conduct of
elections under these rules. Explanation:- The State Election Commission
or an Authority Authorised by State Election Commission may appoint one or more
persons who shall be an Officer or Officers of the local authority or the
Government, as Assistant Returning Officer or Officers to assist the Returning
Officer in the performance of his/her functions and every Assistant Returning
Officer so appointed shall, subject to the control of the Returning Officer, be
competent to perform all or any of the functions of the Returning Officer
except the scrutiny of nominations and the expression Returning Officer shall
be deemed to include such Assistant Returning Officer also. (c)
'Government'
means the state Government of Telangana; (d)
'Ballot
box' includes any box, bag or other receptacle used for the insertion of ballot
papers by voters; (e)
'Counterfoil'
means the counterfoil attached to a ballot paper printed under the provisions
of these rules; (f)
"Detachable
Memory Module (DMM)/Secured Detachable Memory Module (SDMM)" means such
electronic memory device which is attached to the control unit of electronic
voting machine and keeps the election data safely in secured manner. (g)
'Election'
means an election to fill a vacancy in the office of Member of Municipality or
Corporation; (h)
'Elector'
in relation to an election to any Municipality or Corporation means, a person
in the electoral roll of the ward concerned for the time being in force and who
is not subject to any disqualification for voting; (i)
'Electoral
Roll' in relation to a Municipality or Corporation means, the electoral roll
published under section 195-A of the Act; (j)
'Electronic
Voting Machine' means the voting machine referred to in section 196 of the Act; (k)
'Form'
means a form appended to these rules; (l)
'Marked
copy of the electoral roll' means the copy or copies of the electoral roll set
apart for the purpose of marking the names of electors to whom ballot papers
are issued at an election or to whom access is allowed to Electronic Voting
Machines in order to exercise their franchise. (m)
'Polling
station' in relation to any election held under these rules means, the place
fixed for taking the poll at such election; (n)
'Presiding
Officer', includes any polling officer performing any of the functions of a
Presiding Officer under these rules; (o)
'Public
Holiday' means any day declared as such by the Government; (p)
'Section'
means a section of the Act; (q)
'Voter
Verifiable Paper Audit Trail (VVPAT)' means Voter verifiable Paper Audit Trail
System which enables the voter to physically verify the vote cast by
herself/himself in addition to keeping a physical record of the ballot enabling
manual counting of votes in specified circumstances. (2)
The
words and expressions used but not defined in these rules shall have the same
meaning assigned to them in the Act. (3)
For
the purpose of these rules, a person who is unable to write his/her name shall,
unless otherwise expressly provided in these rules, be deemed to have signed an
instrument or other paper, if - (a)
he/she
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 specified in
these rules; (b)
such
Officer on being satisfied as to his/her identity has attested the mark as
being the mark of that person. CHAPTER – II GENERAL PROVISIONS The Administrative Machinery for the purpose
of conducting elections under these rules, shall be such as may be specified by
the State Election Commission, by an order made under Article 243 ZA of the
Constitution of India. The Returning Officer shall affix a notice on
the notice board of his/her office, showing the voters list thereof, or of any
ward(s) thereof, notified for elections, on the day of publication of election
notice under Section 195 of Telangana Municipalities Act, 2019. The Returning Officer shall, on the basis of
the election notification issued by the State Election Commission under Section
195, shall give public notice of the intended elections for Wards of
Municipality or Municipal Corporation in Form-I in English & Telugu
languages which shall be published in such manner as the Returning Officer
thinks fit. Not withstanding anything contained in these
rules, where the election process is interrupted or the election programme has
to be altered on account of the orders of any court of law or for other valid
reasons to be recorded in writing, it shall be competent for the State Election
Commission either generally or in respect of all or any of the wards of a
Municipality or Corporation to alter the election programme notified under
sub-section (2) of section 195 and to re-notify the election programme as it
deems fit in the circumstances of the case without having regard to the guidelines
mentioned in said rule and the Returning Officer shall give effect to the same: Provided that where the election programme is
re-notified under this rule commencing from the making of nominations, the
nominations already made shall be disregarded and the deposits, if any, made
under Rule 9 shall be refunded. (1)
Any
person may be nominated as a candidate for election to the office of Member of
Municipality or Municipal Corporations if he/she is qualified to be chosen to
fill the seat under the provisions of the Act. Every nomination paper shall be
in Form II. This shall be presented by the candidate or by his/her proposer in
person, between the hours specified, and signed by the candidate and by the
proposer. The candidate shall sign the declaration on the nomination paper
expressing his/her willingness to stand for the election. The Returning Officer
or such other authorised person shall forthwith number the nomination papers
serially in the order in which they are presented and enter on each nomination
paper, the time at which it is presented. He shall give a receipt for the same
as per Part VI of the Form-II. (2)
(a)
A candidate for the office of Member of Municipality or Municipal Corporations
shall be a person whose name is registered in the electoral roll for that
Municipality or Municipal Corporation, as the case may be. (b) The proposer for member of a ward shall
be a registered voter in the concerned ward. (c) A candidate for the office of Member of
Municipality or Municipal Corporation, which is reserved, to be filled by a
person belonging to the Scheduled Tribes or Scheduled Castes or Women or
Backward Classes, as the case may be, shall not be deemed to be qualified to be
chosen to fill that seat unless his/her nomination paper contains a declaration
in Form-II by him specifying the particular tribe or caste or class of which he
is a member and the area in relation to which that Tribe or Caste is a
Scheduled Tribe or as the case may be, a Scheduled Caste or Backward Class of
the State. This declaration shall be made before any Gazetted Officer of the
Government or before any Officer of the Revenue Department not below the rank
of a Deputy Tahasildar. Or A copy of the caste certificate issued by
competent Authority. (d) Each candidate shall be nominated on a
separate nomination paper. (e) A candidate may be nominated by more than
one nomination paper but not more than four nomination papers for election for
the same office of Ward Member. (f) A candidate may be nominated by more than
one proposer separately for the same elective post in a separate nomination
paper. (g) A voter can propose only one candidature. (3)
A
candidate may file nominations for more than one ward in a Municipality or
Municipal Corporation, but he/she shall withdraw his/her nominations to all but
one Ward of his/her choice, before the date and time fixed for withdrawal of
candidature, failing which, all his/her nominations shall become invalid and
shall not be allowed to contest from any Ward. (4)
Every
nomination paper shall be presented by the candidate in person or by his/her
proposer on the date, at the place and during the hours appointed, to the
Returning Officer or to such other person as may be authorised by him/her in
this behalf. (1)
On
receiving nomination paper, the Returning Officer shall forthwith number the
nomination paper serially in the order in which it is presented and give a
receipt as provided in Form-II. The Returning Officer or such other authorised
person shall satisfy himself/herself that the name and serial number of the
candidate and his/her proposer, as entered in the nomination paper, are the
same as those entered in the electoral roll ignoring clerical mistakes if any.
Where necessary, he shall direct that the nomination form be amended so as to
be in accordance with the electoral roll. (2)
The
Returning Officer may while interpreting an entry in the electoral roll
overlook merely clerical or printing errors, but he shall record the
interpretation adopted by him, together with the reasons therefor, while making
the formal acceptance or rejection on scrutiny of a nomination. (3)
Every
candidate shall, along with the nomination paper also file a declaration with
regard to his/her criminal antecedents, assets and liabilities and educational
qualifications as required by the State Election Commission and in the
prescribed format attested by two witnesses. (1)
The
State Election Commission may, before ordinary election, by notification,
specify the amount of deposit, which each candidate has to make and different
amounts may be specified for different categories of candidates. At or before
the time of presentation of his/her nomination paper each candidate shall remit
or cause to be remitted the specified amount of deposit, in any Government
Treasury or Bank to the credit of the concerned Municipality or Municipal
Corporation. The Returning Officer shall furnish the details of the Municipal
Account to which the deposit is required to be credited. No candidate shall be
deemed to be duly nominated, unless the deposit as aforesaid has been made: Provided that where a candidate has been
nominated in more than one nomination paper for an office, not more than one
deposit shall be required to be made. Explanation:- The delivery to the Returning
Officer of a receipt from Government Treasury or from the Bank in which the
concerned local body has an account, evidencing the payment by or on behalf of
a candidate to the credit of the Municipality or Municipal Corporation of the amount
required to be deposited under this sub-rule shall be deemed to be a deposit of
such amount within the meaning of this sub-rule, made by or on behalf of such
candidate at the time of such delivery; (2)
If
no nomination paper is received within the time appointed in that behalf, in
respect of any person by whom or on whose behalf the deposit referred to in
sub-rule (1) has been made or if the nomination of any such person is rejected,
or if he withdraws his/her candidature in the manner and within the time specified
in sub-rule (1) of Rule 13, the deposit shall be returned immediately to the
person by whom it was made, and if any candidate dies before commencement of
the poll, any such deposit if made by him/her shall be returned to his/her
legal representative, if not made by the candidate, shall be returned to the
person by whom it was made. (3)
If
a candidate by whom or on whose behalf the deposit referred to in sub-rule (1)
has been made, is not elected and the number of valid votes polled by him/her
does not exceed one twentieth of the total number of valid votes polled by all
the candidates, the deposit shall be forfeited, to the Municipality or
Municipal Corporation. (4)
The
deposit made in respect of a candidate shall, if it is not forfeited under
sub-rule (3) be returned to the candidate or to the person who has made the
deposit on his/her behalf as the case may be, within thirty days after
publication of the result of election. (5)
A
deposit required to be returned to any person under sub-rule (2) or sub-rule
(4) shall, if such person is dead, be returned to his/her legal representative. (6)
Notwithstanding
anything contained in this rule, immediately after publication of the result of
election, the Returning Officer or the person authorised by the District
Collector in this behalf, shall pass an order as to whether a deposit made
under sub-rule (1) shall be refunded or forfeited. The executive authority
concerned shall, within thirty days from the date of publication of the result,
return the deposit to the person who made the deposit or to his/her legal
representative when such deposit is refundable. In the case of forfeiture of
deposit under sub-rule (3), the Returning Officer shall communicate an order to
the person concerned who made the deposit citing the reason for such
forfeiture. (7)
The
amounts received towards election deposit, and credited to the Municipality or
Municipal Corporation fund shall be remitted to the Government Account by the
Executive Authority concerned after deducting any refunds made to the concerned
for any reason provided under these rules. On the last day appointed for the receipt of
nomination papers and immediately after the hour fixed for their receipt is
past, the Returning Officer or such other authorised person shall publish at
his/her office in English & Telugu languages a list in Form-III of all the
nominations received, with a notice that the nomination papers will be taken up
by the Returning Officer for scrutiny at the Municipal Office or any other
specified place, and on the date and time appointed. (1)
On
the date appointed for scrutiny of the nominations, the candidate, the proposer
of each candidate and one other person duly authorised in writing by each
candidate, may attend at such time and place specified. No other person shall
be entitled to be present. The Returning Officer may, however, admit such other
persons as he thinks fit to assist him. He shall give such persons all
reasonable facilities to examine the nomination papers of all the candidates,
which have been received as aforesaid. (2)
The
Returning Officer shall then examine the nomination papers and shall decide on
all objections which may be made. Based on a summary enquiry on such objections
or on his/her own motion as he thinks necessary, reject any nomination on any
of the following grounds, namely- (i)
that
the candidate is ineligible for election as a Member of the Municipality or
Municipal Corporation under Sections 12 of the Act; or (ii)
that
the name of the candidate is not registered in the electoral roll of the
Municipality or Municipal Corporation; (iii)
that
the name of the proposer is not registered in the electoral roll of the
concerned ward of Municipality or Municipal Corporation; or (iv)
that
the candidate or his/her proposer has failed to comply with any of the
provisions of Rules 7, 8(3) and 9; (v)
that,
in case the office is reserved for any community or women, the candidate does
not belong to that community or is not a women, as the case may be; or (vi)
that
the signature/thumb impression of the candidate or the proposer in the
nomination paper is not genuine: Provided that the nomination of a candidate
shall not be rejected merely on the ground of any incorrect description of
his/her name or of the name of his/her proposer, or of any other particulars
relating to the candidate or his/her proposer as entered in the electoral roll,
if the identity of the candidate or proposer, as the case may be, is otherwise
established beyond reasonable doubt. Provided further that the Returning Officer
shall not reject any nomination paper on the ground of any defect which is not
of a substantial character. (3)
The
Returning Officer shall endorse on each nomination paper, his/her decision,
accepting or rejecting the same and, if the nomination paper is rejected,
he/she shall record in writing a brief statement of his/her reasons for such
rejection. The scrutiny shall be completed on the date appointed in this behalf
and no adjournment of the proceedings shall be allowed except where such
proceedings are interrupted or obstructed by riot or open violence or for causes
beyond the control of the Returning Officer: (4)
Immediately
after all the nomination papers have been scrutinized and the decisions,
accepting or rejecting the same have been recorded, the Returning Officer shall
prepare a list of validly nominated candidates, and affix it on the notice
board of his/her office in Form-IV. There shall be one entry only in respect of
each validly nominated candidate in the list, although more nomination papers
than one in respect of him/her may have been accepted as valid. If none of the
nomination papers is found valid on scrutiny, no name of the candidate should
be entered in the list. A person whose nomination paper is rejected
may prefer an appeal against the decision of the Returning Officer before the
District Election Authority or Additional District Election Authority or Deputy
District Election Authority as authorised by District Election Authority
concerned on the day immediately following the date of scrutiny of nominations.
The appeal shall be disposed off by the appellate authority the day immediately
following the date of filing of appeal. (1)
Any
candidate may withdraw his/her candidature by notice in writing in Form-V
signed by him/her and delivered to the Returning Officer by such candidate in
person at any time after the presentation of his/her nomination paper and not
later than 3-0' Clock in the afternoon of the third day succeeding that
appointed for scrutiny of the nominations whether or not it is a public
holiday. Where such notice is not delivered by such candidate in person, it
shall be delivered by his/her proposer or Election Agent who has been
specifically authorised in this behalf in writing by such candidate. The
Returning Officer shall give a receipt for the same as provided in Form-V on
being satisfied as to the genuineness of the notice of withdrawal and the
identity of the candidate. (2)
The
Returning Officer on receiving a notice of withdrawal under sub-rule (1) shall,
as soon as may be, cause a notice of the withdrawal to be published in Form-VI
to be affixed on the notice board of the Municipal Office (3)
A
candidate who has withdrawn his/her candidature under sub-rule (1) shall not be
allowed to cancel the withdrawal. (1)
On
the expiry of the time allowed for withdrawal of candidature under Rule 13 the
Returning Officer shall prepare in English & Telugu languages in Form-VII a
list of persons whose nominations have not been rejected and who have not
withdrawn their candidature and publish it on the notice board of his/her
office forthwith whether or not it is a public holiday. The list shall contain
the names of the candidates in alphabetical order in Telugu and shall describe
them as in their nomination paper. (2)
In
the election to Member of the Municipality or Municipal Corporation, for the
purpose of listing, the names of the candidates shall be classified as follows
namely- (i)
candidates
of recognized National and State political parties registered with TSEC; (ii)
candidates
of political parties registered in the TSEC with a reserved symbol; (iii)
candidates
of political parties registered with TSEC, without a reserved symbol; (iv)
all
others as Independent candidates. (3)
The
arrangement of names of candidates shall be on the basis of first letter of
his/her name irrespective of whether the name given is a proper name or
surname. The initials, if any, prefixed to the name of the candidate shall be
ignored for the aforesaid purpose. Further, if two or more such candidates have
the same name but different surnames in same category, then their names should
be arranged inter-se in alphabetical order with reference to the surnames. If
two candidates in the same category have the same name and surname but
different initials, then the two names should be arranged inter se with
reference to the first letter of the initial. (4)
If
two or more candidates falling under the same category bear the same name and
surname/initials they shall be distinguished by the addition of their
occupation or residence or in some other manner. In the list of contesting
candidates, the names of such candidates shall be arranged in the order in
which their nominations were received by the Returning Officer. There will also be no objection to the
addition of any honorific, academic, hereditary, professional or any other
title to the name of a candidate, but such title should on no account be taken
into consideration, in the arrangement of names in alphabetical order. (5)
If
the poll is found to be necessary, the Returning Officer shall assign to each
contesting candidate a distinctive symbol subject to such directions as may be
issued by the State Election Commission in that behalf. Provided further that the Returning Officer
shall assign to every contesting candidate a distinctive symbol as per the
provisions of paragraph 6 of the Registration of Political Parties and
Allotment of Symbols Order, 2018, and any other instructions issued by the
State Election Commission in this behalf from time to time. (6)
In
every case where a symbol has been assigned to a candidate under sub-rule (5)
such candidate or his/her Election Agent shall forthwith be informed of the
symbol so assigned and be supplied with a specimen thereof by the Returning
Officer. (1)
If
the number of contesting candidates is more than one, poll shall be taken. (2)
If
there is only one validly nominated candidate, the Returning Officer shall
forthwith declare such candidate as duly elected in Form-VIII and send the same
to the State Election Commission, through the Election Authority. (1)
Where
an independent candidate or a candidate of a Registered Political Party without
a reserved symbol dies before the poll, it shall not be necessary to
countermand the poll; (2)
If
a candidate, set up by a recognised or registered political party with a reserved
symbol, - (i)
dies
at any time after 10.00 AM on the last date of making nominations and his/her
nomination is found valid on scrutiny under rule 11; (ii)
whose
nomination has been found valid on scrutiny under rule 11 and who has not
withdrawn his/her candidature under rule 13 dies and in either case, a report
of his/her death is received at any time before the preparation and publication
of the list of contesting candidate under rule 14; or (iii)
dies
as a contesting candidate and a report of his/her death is received before the
commencement of the poll, the Returning Officer shall, upon being
satisfied about the fact of the death of the candidate, by order, announce an
adjournment of the poll to a date to be notified later and report the same to
the State Election Commission, Election Authority and to the District Election
Authority: Provided that no order adjourning a poll
shall be made in a case referred to in sub-rule (i) except after the scrutiny
of all the nominations including the nomination of the deceased candidate. (3)
The
State Election Commission shall, on receipt of a report from the Returning
Officer under sub-rule (2), call upon the recognized or registered political
party with a reserved symbol as the case may be, whose candidate has died, to
nominate another candidate for the said poll within seven days of issue of such
notice to such recognized or registered political party and the provisions of
section 195 and rules 7 to 14 shall, so far as may be, apply in relation to
such nomination as they would apply to other nominations; Provided that no person who has given a
notice of withdrawal of his/her candidature under sub-rule (1) of rule 13
before the adjournment of the poll shall be ineligible for being nominated as a
candidate for the election after such adjournment. (4)
where
a list of contesting candidates had been published under sub-rule (1) of rule
14 before the adjournment of the poll, the Returning Officer shall again
prepare and publish a fresh list of contesting candidates under the aforesaid
rule so as to include the name of the candidate who has been validly nominated. (1)
A
candidate at an election may appoint any one person other than himself/herself
to be his/her Election Agent . The notice of such appointment shall be given in
Form-IX by forwarding the same in duplicate to the Returning Officer who shall
return one copy thereof to the Election Agent after affixing therein his/her
seal and signature in token of his/her approval of the appointment. (2)
An
Election Agent may perform such functions in connection with the election as
are authorised by or under these rules to be performed by an Election Agent. (3)
(i)
Any revocation of the appointment of an Election Agent shall be signed by the
candidate and shall operate from the date on which it is lodged with the
Returning Officer in Form-IXA (ii) In the event of such revocation or of
the death of an Election Agent the candidate may appoint in like manner another
person to be his/her Election Agent ; and when such appointment is made, notice
thereof shall be given in the manner laid down in sub-rule (1). (4)
No
person shall be appointed as Election Agent who is disqualified under section
12 excepting the one mentioned in clause (f) of sub-provision (2) of provision
2 of schedule IV of said section. (1)
The
number of polling agents that may be appointed by a contesting candidate or
his/her Election Agent , shall, in respect of each polling station, be one
agent and a relief agent. (2)
Every
such appointment shall be made in Form-X and shall be made over to the polling
agent for production at the polling station. (3)
No
polling agent shall be admitted into the polling station unless he/she has
delivered to the Presiding Officer the instrument of his/her appointment under
sub-rule (2) after duly completing and signing before the Presiding Officer the
declaration contained therein. (4)
A
polling agent may perform such functions in connection with the poll as are
authorised by or under these rules, to be performed by a polling agent. (5)
Any
revocation of the appointment of a polling agent shall be signed by the
candidate or his/her Election Agent, as the case may be. Such revocation shall
operate from the date and time on which it is lodged with the Returning Officer
in Form-XA. In the event of such a revocation or of the death of a polling
agent before the close of the poll the candidate or his/her Election Agent may
appoint another polling agent at any time before the poll is closed and shall
forthwith give notice of such appointment as laid down in sub-rule (1). (1)
Each
candidate may appoint such number of counting agents at the place or places
fixed for counting as may be specified by the District Election Authority. (2)
Every
such appointment shall be made in Form-XI in duplicate one copy of which shall
be forwarded to the Returning Officer while the other copy shall be made over
to the counting agent for production before the Returning Officer not later
than one hour before the time fixed for counting. (3)
A
counting agent may perform such functions in connection with the counting of
votes as are authorised by or under these rules to be performed by a counting
agent. (4)
Any
revocation of the appointment of a counting agent shall be signed by the
candidate or his/her Election Agent as the case may be. Such revocation shall
operate from the date on which it is lodged with the Returning Officer in
Form-XIA In the event of a revocation or of the death of a counting agent at
any time before the counting of votes is commenced, the candidate or his/her
Election Agent may appoint another person as the counting agent and when an
appointment is made, a notice of such appointment in the manner prescribed
above shall be given to the Returning Officer. The following persons, irrespective of
whether he/she is provided with security or not or anything else shall not be
appointed as Election Agent , Polling Agent and Counting Agent of a candidate
during an election:- (i)
Any
sitting Minister of Union and State Government; (ii)
Sitting
Member of Parliament; (iii)
Sitting
Member of Legislative Assembly/Legislative Council; (iv)
Mayor
of a Corporation, Chairperson of Municipality; (v)
Chairperson
of Zilla Praja Parishad and President of Mandal Praja Parishad, Sarpanch of a
Gram Panchayat or any sitting member of any Mandal Praja Parishad or Zilla
Praja Parishad; (vi)
Elected
Chairperson of National/State/District co-operative Institution; (vii)
Political
functionaries appointed as Chairpersons of Central PSUs/State PSUs,
Chairpersons of Government Bodies, Government Pleader/Additional Government
Pleader; (viii)
Any
Government servant. (1)
At
every election where a poll is taken, each contesting candidate at such
election and his/her Election Agent shall have a right to be present at any
polling station. (2)
A
contesting candidate him/herself or his/her Election Agent may do any act or
thing which any polling agent or the counting agent of such contesting
candidate if appointed, would have been authorised by or under these rules to
do, or may assist any polling agent or counting agent of such contesting
candidate in doing any such act or thing. Where any act or thing is required or
authorised by or under these rules to be done in the presence of the polling or
counting agents, the non-attendance of any such agent or agents at the time and
place appointed for the purpose shall not, if the act or thing is otherwise
duly done, invalidate the act or thing done. CHAPTER – III POSTAL BALLOT (1)
At
an election where a poll is taken, any member of the Armed Forces of the Union
or a member of the Armed Police Forces of the State serving outside the State
may give his/her vote by a postal ballot and such person shall not be entitled
to give his/her vote in any other manner. The wife of any such person may also
give her vote by postal ballot. (2)
Such
list which is last part of the concerned Assembly Constituency Electoral Roll
shall be obtained from the concerned District Election Authority. (1)
Subject
to the other provisions of these rules, a voter of a Ward may, if he is subject
to preventive detention under any law for the time being in force, give his/her
vote by postal ballot at any election in such Ward where a poll is taken. (2)
As
soon as possible, after a notice is published under sub-section (4) of section
195 and rule 5, the Returning Officer shall ascertain in writing from the
District Collector whether any voter in that Municipality or Municipal
Corporation is subject to preventive detention under any law for the time being
in force. The Collector shall within five days from the date of receipt of such
communication from the Returning Officer forward list of names of any such
voters in that Ward, if any, together with their addresses and the particulars
about their place of detention to the Returning Officer. (3)
Any
voter who is subject to preventive detention under any law for the time being
in force or on his/her behalf any member of his/her family may within ten days
from the date of publication of the notice apply to the Returning Officer of
the Ward for permission to give his/her vote by postal ballot at the election.
Every such application shall specify the name of the voter, his/her address,
his/her serial number in the electoral roll and the particulars regarding
his/her place of detention. (4)
If
the Returning Officer is satisfied that the person whose name has been
forwarded under sub-rule (2) or who has made an application under sub-rule (3)
is under preventive detention and is a voter in the Ward to which the election
relates and is entitled to vote at such election, he/she shall permit such
person to give his/her vote at the election by postal ballot. (5)
While
granting any such permission, the Returning Officer shall, at the same time,
put the letters 'P.B.' against his/her name in the marked copy of the electoral
roll which means that a postal ballot has been issued. (1)
A
registered voter in the Urban Local Body who is on Election duty and who wishes
to vote by post at an election shall send an application in Form-XII to the
Returning Officer so as to reach him/her atleast 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 the applicant is such public servant and
voter on election duty, he/she shall issue a postal ballot paper to him/her.
The Returning Officer shall mark 'P.B' against his/her name in the marked copy
of the electoral roll to indicate that a postal ballot paper has been issued to
him. (2)
Where
such voter, being on election duty in the Ward of a Municipality/Municipal
Corporation of which he/she is an elector, wishes to vote in person at an
election in a Ward and not by post, he/she shall send an application in
Form-XIII to the Returning Officer so as to reach him/her atleast 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 Ward, he/she shall- (a)
issue
to the applicant an election duty certificate in Form-XIV; (b)
mark
'EDC' against his/her name in the marked copy of the electoral roll to indicate
that an election duty certificate has been issued to him, and (c)
Ensure
that he is not allowed to vote at the polling station where he would otherwise
have been entitled to vote. (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 State Election Commission
may direct. (2)
In
the postal ballot paper below the last name of the candidate, None Of The Above
(NOTA) provision shall be provided in the manner prescribed by the State
Election Commission for the benefit of those electors who may wish to exercise
the option of not voting for any of the contesting candidates in the fray. (1)
The
Returning Officer shall, in case of every voter who is entitled to give his/her
vote at the election by postal ballot, as soon as may be after the publication
of list of contesting candidates at the election, send by post under
certificate of posting to each such voter a ballot paper together with - (a)
a
declaration in Form-XV (b)
a
cover in Form -XVI (c)
a
large cover addressed to the Returning Officer in Form-XVII (d)
instructions
for the guidance for the elector in Form-XVIII Provided that the Returning Officer may in
case of voter on election duty deliver the cover ballot paper and forms or
cause them to be delivered to such voter personally. (2)
The
Returning Officer shall, at the same time - (a)
record
on the counterfoil of the ballot paper, the number of the elector as entered in
the marked copy of the electoral roll; (b)
mark
the name of the elector in the marked coy of the electoral roll to indicate
that a postal ballot paper has been issued to him/her without however recording
therein the serial number of the ballot paper issued to that elector; and (c)
ensure
that the elector to whom postal ballot paper is issued is not allowed to vote
at a polling 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)
After
all the ballot papers are issued under this rule, the Returning Officer shall
seal in a separate packet, the counterfoils of the ballot papers issued to the
voters entitled to vote under postal ballot and record on the packet a brief
description of its contents and the date on which it was sealed. (5)
No
election shall be invalid by the reason that a voter has not received his/her
postal ballot paper. (1)
An
elector who has received a postal ballot paper and desires to vote shall record
his/her vote on the ballot paper in accordance with the directions contained in
Part-I of Form-XVIII and then enclose it in the cover in Form-XVI. (2)
The
elector shall sign the declaration in Form-XV 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; (b)
in
the case of a voter on election duty, any gazetted officer or the Presiding
Officer of the polling station at which he/she is on election duty. (c)
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 (d)
in
any other case, such officer as may be notified by the State Election
Commission. (1)
If
an elector is unable through illiteracy, blindness or other physical infirmity
to record his/her 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/her to an officer competent to attest his/her signature under sub-rule
(2) of rule 28 and request the officer to record his/her vote and sign his/her
declaration on his/her behalf. (2)
Such
officer shall thereupon mark the ballot paper in accordance with the wishes of
the elector in his/her presence, sign the declaration on his/her behalf and
complete the appropriate certificate contained in Form-XV. (1)
When
a postal ballot paper and other papers sent under Rule 27 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/her under Rule 27 in such a manner that they cannot
conveniently be used, a second set of papers shall be issued to him/her 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. (1)
After
an elector has recorded his/her vote and made his/her declaration under Rule 28
or Rule 29 he/she shall return the ballot paper and declaration to the
Returning Officer in accordance with the instructions communicated to him/her
in Part-II of Form-XVIII so as to reach the Returning Officer 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/she shall note thereon
the date and time of its receipt and shall keep all such covers together in a
separate packet. 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. CHAPTER – IV VOTING BY BALLOT (1)
If
poll has to be taken, the Returning Officer shall appoint forthwith one
Presiding Officer and one or more polling officers at each polling station and
may pay the remuneration as fixed by the Government for their services: Provided that if a polling officer is absent
from the polling station, the Presiding Officer may appoint any person who is
present at the polling station other than a person who has been employed by or
on behalf of or has been otherwise working for a candidate in or about the
election, to be the polling officer during the absence of the former officer
and inform the Returning Officer accordingly. (2)
A
polling officer shall, if so directed by the Presiding Officer perform all or
any of the functions of a Presiding Officer under these rules or any rules or
orders made thereunder. (3)
If
the Presiding Officer, owing to illness or other unavoidable cause, is obliged
to absent himself/herself from the polling station, his/her functions shall be
performed by such Polling Officer as has been previously authorised by the
Returning Officer to perform such functions during any such absence. All electors voting at an election shall do
so in person at the polling station provided for them under the rules. (1)
Every
Ballot paper shall have a counterfoil attached thereto and the said ballot
paper and the counterfoil shall be in such form as the State Election
Commission may, by order, direct. (2)
In
the ballot paper, below the last symbol, None of The Above (NOTA) provision
shall be provided and a symbol may also be assigned to it in the manner
prescribed by the State Election Commission for the benefit of those electors
who may wish to exercise the option of not voting for any of the contesting
candidates in the fray. (1)
Outside
each polling station there shall be displayed prominently,- (a)
a
notice specifying the polling area, the serial number of electors in the
relevant electoral roll who are entitled to vote at the polling station; and (b)
a
copy of the list of contesting candidates with the serial numbers and the
symbols assigned to them and the seat for which the election is held. (2)
At
each polling station there shall contain voting compartment in which electors
can record their votes, screened from observation. (3)
The
names of the contesting candidates along with their symbols shall be displayed
inside the polling station, above the ballot box to enable the voter to
exercise his/her franchise without difficulty. (4)
The
Returning Officer shall provide at each polling station sufficient number of
ballot boxes, copies of the electoral roll or such part thereof as contains the
names of the electors entitled to vote at the polling station, ballot papers,
instruments for stamping the distinguishing mark on the ballot paper and
articles necessary for electors to mark the ballot papers, stationery and such
forms as may be necessary. (1)
The
Presiding Officer shall keep order at the polling station, shall see that the
election is fairly conducted, shall regulate the number of electors to be
admitted at any one time inside the polling station and shall exclude there
from all persons other than,- (a)
his/her
polling officers and such persons as the Presiding Officer may, from time to
time, admit for the purpose of identifying electors; (b)
other
public servants on duty in connection with the election; (c)
the
candidates, their Election Agent s, and one polling agent of each candidate at
a time; (d)
a
child in arms accompanying an elector; (e)
a
person accompanying blind or infirm voters who cannot move without help; and (f)
persons
authorised by the State Election Commission. (2)
Where
a woman elector cannot be identified by the identification officers appointed
for the purpose by reason of her observing 'purdah' she may be required to be
identified by any of women voter in the queue or local women government
employee unless she otherwise satisfies the Presiding Officer of her identity. (1)
Where
a paper seal is used for securing a ballot box, the Presiding Officer shall
affix his/her own signature on the paper seal and obtain thereon the signature
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 piper therein 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 or 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 label both inside and outside
marked with:- (a)
the
details of the Ward of the Municipality or Municipal Corporation; (b)
the
serial number and name of the polling station; (c)
the
serial number of the ballot box (to be filled in at the end of the poll on the
label outside the ballot box only); and (d)
the
date of poll. (6)
Immediately
before 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, secured and placed in full view of the
Presiding Officer and polling agents. (8)
Before
commencement of the poll, the Presiding Officer shall read to such persons as
may be present in the Polling stations, the provisions of section 212 of the
Act, and shall explain the substance thereof in the main language of the
district. Immediately before commencement of the poll,
the Presiding Officer shall demonstrate to the polling agents and others
present, the marked copy or, marked copies of the electoral roll to be used
during the poll does not contain:- (a)
any
entry other than that made in pursuance of Rules 23, 24, and 25 ; and (b)
any
mark other than the mark made in pursuance of those rules. (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 woman elector in case it
becomes necessary. (1)
The
Presiding Officer may employ at the polling station such persons, as he/she
thinks fit to help identification of the electors or to assist him/her
otherwise in taking the poll. (2)
As
each elector enters the polling station, the Presiding Officer or the polling
officer authorised by him/her in this behalf shall check the elector's name,
Photography 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)
Every
elector shall produce identity card issued to him/her under the provisions of
the Registration of Electors Rules, 1960 made under the Representation of the
People Act, 1950 or any such document as may be specified, by order, by the
State Election Commission before the Presiding Officer or the polling officer
authorised by him/her in this behalf, in order to establish his/her identity at
the polling station. (4)
In
deciding the right of a person to cast his/her 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/she is satisfied that
such person is identical with the elector to whom such entry relates. (1)
The
provisions of Rule 41 shall not apply to any person who produces at the polling
station an election duty certificate issued by Returning Officer and seeks
permission to cast his/her vote at that polling station although the polling
station is different from the one where he/she 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 (c)
issue
to him/her a ballot paper, and permit him/her to vote, in the same manner as
for an elector entitled to vote at that polling station. (1)
Any
polling agent may challenge the identity of a person claiming to be a
particular elector by first depositing a sum of five rupees (Rs. 5/-) in cash
with the Presiding Officer for each such challenge. (2)
On
such a 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/her whether he is
the person referred to in the entry; (c)
enter
his/her name and address in the list of challenged votes in Form XIX; and (d)
require
him/her to affix his/her 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/her identity; (b)
put
the person challenged any question necessary for the purpose of establishing
his/her identify and require him/her to answer them on oath; and (c)
administer
an oath to the challenger and any other person 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/she shall debar the person
challenged from voting and handover him/her to the police for prosecution under
relevant law. (5)
If
the Presiding Officer is of the opinion that the challenge is frivolous or has
not been made in good faith, he/she shall direct that the deposit made under sub-rule
(1) be forfeited to the Government and in any other case he shall return it to
the challenger on the conclusion of the inquiry. (1)
Every
elector about whose identity the Presiding Officer or the Polling Officer, as
the case may be, is satisfied shall allow- (a)
the
inspection of his/her left fore-finger for existence of indelible ink mark if
any, by the Polling Officer; and (b)
if
found blank, then allow an indelible ink mark to be put on his/her left
fore-finger. (2)
If
any such elector - (a)
refuses
to allow such inspection of his/her left fore-finger; or (b)
refuses
to allow an indelible ink mark to be put on his/her left fore-finger; or (c)
does
any act in order to remove any such mark after it has been put; or (d)
fails
or refuses to produce his/her identity card or any other document specified by
State Election Commission to establish his/her identity under Rule 41 of these
rules; or (e)
refuses
to put his/her signature or thumb impression on the counterfoil; he/she
shall not be supplied with any ballot paper and shall not be allowed to record
his/her vote at the election. (3)
A
person who already such a mark on his/her has left fore-finger at the time he
enters the polling station shall not be supplied with any ballot paper. (4)
Any
reference in this rule to the left fore-finger of an elector shall, in the case
where the elector has no left fore-finger be construed as a reference to
another finger of his/her left hand and shall in the case whether there are no
fingers on his/her left hand be construed as a reference to the fore finger or
any other finger on his/her right hand and shall in the case where he has no
finger on both the hands be construed as a reference to such extremity of
his/her right or left arm as he possesses. Before a ballot paper is issued to an
elector, the ballot paper and the counterfoil attached thereto, shall be
stamped on the back with such distinguishing mark as the State Election
Commission may direct and every ballot paper before it is issued shall be
signed in full on its back by the Presiding Officer. (1)
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, and (b)
obtain
the signature or thumb impression of that elector on the said counterfoil; (c)
mark
the name of the elector in the marked of the electoral roll to indicate that a
ballot paper has been issued to him/her, without however, recording therein the
serial number of the ballot paper issued to the elector: Provided that, no ballot paper shall be
delivered to an elector unless he/she has put his/her signature or thumb
impression on the counterfoil of that ballot paper. (2)
No
person in the polling station shall note down the serial numbers of the ballot
papers issued to the electors. (1)
Every
elector to whom a ballot paper has been issued under Rule 46 or any other
provisions 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 or papers, as the case may be, shall
forthwith- (a)
proceed
to one of the voting compartments; (b)
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; (c)
fold
the ballot paper vertically first and thereafter horizontally so as to conceal
his/her vote; (d)
if
required, show to the Presiding Officer the distinguishing mark on the ballot
paper; (e)
insert
the folded ballot paper into the specified ballot box; and (f)
leave
the polling station by the exit provided. (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 laid down in sub-rules (1)
and (2), the ballot paper issued to him/her shall, whether he has recorded
his/her vote thereon or not, be taken back from him/her 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 word "Cancelled: voting procedure violated" and put his/her
signature below these words and all such ballot papers shall be kept in a
separate cover which shall bear on its face the words "Ballot Papers -
voting procedure violated" (7)
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. (1)
If
the Presiding Officer is satisfied that owing to blindness or other physical
infirmity, an elector is unable to recognise the symbols on ballot paper or to
make a mark thereon without assistance, the Presiding Officer shall permit the
elector to take with him/her a companion of not less than eighteen years of age
to the voting compartment for recording vote on the ballot paper on his/her
behalf and in accordance with his/her wishes and if necessary, for folding the
ballot paper so as to conceal the vote and insert 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 when any person is
permitted to act as the companion of the elector on any day under this rule,
the person shall be required to declare in Form-XX that he shall keep secret
the vote recorded by him/her 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 of all cases under this rule in Form -
XXI in sealed covers and send them to the Returning Officer along with the
other covers. (1)
An
elector who has inadvertently dealt with his/her ballot paper in such manner
that it cannot be conveniently used as a ballot paper, may seek fresh ballot
paper from the presiding officer. The Presiding Officer on satisfying about the
inadvertence, shall issue another ballot paper and the ballot paper so returned
and the counterfoil of such ballot paper shall be marked as "Spoilt:
Cancelled" by the Presiding Officer. (1)
If
a person representing himself/herself to be a particular elector seeks to vote
after another person has already voted as such elector, he/she shall, on,
satisfactorily answering such questions relating to his/her 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/her name against the entry relating to him/her in a list in Form-XXII (3)
A
tendered ballot paper shall be the same as the other ballot paper used at the
polling except that it shall be- (a)
serially
the last in the bundle of ballot papers issued for use at the polling station;
and (b)
endorsed
on the back of the ballot paper and its counterfoil with the words
"Tendered Ballot Paper" by the Presiding Officer in his/her own hand
and signed by him/her. (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 specifically kept for the
purpose. (1)
The
Presiding Officer shall close the polling station at the hour appointed for
closing 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 shall for the purpose of the provision
to sub-rule (1) be deemed was present at the polling station before it was
closed, it shall be decided by the Presiding Officer and his/her decision shall
be final. (3)
The
Presiding Officer of each polling station, as soon as practicable, after the
close of the poll, shall close the slit of the ballot box and where the box
does not contain any mechanical device for closing the slit, he/she shall seal
up the slit and also allow any polling agent present to affix his/her seal. The
ballot box shall thereafter be sealed and secured. (4)
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-rule (3) before another ballot box is put into use. (5)
The
Presiding Officer of each polling station, as soon as practicable, after the
close of the poll, shall in the presence of any candidate or polling agents who
may be present make up the following into separate packets and seal with
his/her own seal and the seals of such candidates or agents as may desire to
affix their seals, (i)
the
marked copy of the electoral roll; (ii)
the
counterfoils of used ballot papers; (iii)
the
unused ballot papers; (iv)
the
spoilt and returned ballot papers; (v)
the
list of challenged votes; (vi)
the
tendered ballot papers; (vii)
the
tendered votes list; (viii)
the
ballot papers cancelled for violation of voting procedure; and (ix)
any
other papers directed by the State Election Commission to be kept in a sealed
cover/packet. (6)
Each
packet shall be numbered and shall bear a note as to its contents, description
of the election and the polling stations. Where no vote has been recorded at
any polling station, the Presiding Officer shall submit a 'NIL' report. (1)
The
Presiding Officer shall at the close of the poll prepare a ballot paper account
in Form-XXIII and place it in a separate cover with the words "Ballot
Paper Account" superscribed thereon. (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. (1)
The
Presiding Officer shall then, as soon as may be, deliver the ballot boxes and
all such packets and papers used at the polling station or cause them to be
delivered to the Returning Officer at such places as he may direct. (2)
The
Returning Officer shall make adequate arrangements for the safe transport of
all ballot boxes, packets and other papers referred to in this rule from
polling stations and for their safe custody until the commencement of this
counting of votes. (1)
If
the poll at any polling station is adjourned under section 227 of the Act, the
provisions of rules 51 to 53 shall, as far as practicable, apply as if the poll
was closed at the hour fixed in that behalf. (2)
When
an adjourned poll is recommenced under sub-section (2) of section 227, 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 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 33 to 53 shall apply in relation to the conduct of an
adjourned poll as they apply in relation to the poll before it was so
adjourned. If at any election any ballot box or
Electronic Voting Machine used at a polling station is unlawfully taken out of
custody of the Presiding Officer or Returning Officer or is accidentally or
intentionally destroyed or lost or is damaged or is tampered with to such an
extent that the result of the poll at that polling station cannot be
ascertained or any such error or irregularity in procedure is likely to vitiate
the poll is committed at the polling station, the procedure prescribed in
section 228 of the Act shall be followed. (1)
The
counting of votes shall commence on the day and at the place and hour appointed
in that behalf. Votes shall be counted by or under the supervision of the
Returning Officer. (2)
The
postal ballot papers shall be counted first. (3)
Each
candidate, the Election Agent and the counting agent of each candidate shall
have a right to be present at the time of counting. No other person shall be
allowed to be present except such person as the Returning Officer may appoint
to assist him/her in counting votes and no person shall be appointed to assist
in counting votes who has been employed by or on behalf of any candidate for
any purpose whatsoever connected with the election. (4)
The
Returning Officer shall, before he commences to count the votes, read out the
provisions of section 212 of the Act to such person as may be present and shall
then count and check all the ballot boxes placed for the counting of votes and
satisfy himself/herself that all such ballot boxes contain the ballot papers
which are to be counted at such place have been received and accounted for. (5)
The
Returning Officer shall allow the candidates and their Election Agent s and
counting agents present at the counting, reasonable opportunities to inspect
the ballot boxes and their seals for satisfying themselves that they are in
order. (6)
If
any ballot box is found by the Returning Officer to have been tampered or
interfered with or destroyed or lost, or if at any time, before counting of
votes is completed any ballot papers used at a polling station or at a place
fixed for the poll are unlawfully taken out of the custody of the Returning
Officer or are accidentally or intentionally, destroyed or lost or are damaged
or tampered with to such an extent that the result of the poll at that polling
station or place cannot be ascertained, the Returning Officer shall follow the
procedure laid down in section 230 of the Act. (7)
(a)
Subject to such general or special directions, if any, as may be given by the
State Election Commission in this behalf the ballot papers shall be counted
after mixing the votes ward-wise. (b) The Returning Officer shall open, or
cause to be opened, simultaneously the ballot box or boxes used at more than
one polling station and shall have the total number of ballot papers found in
such box or boxes counted and recorded in Part -II of ballot paper account in
Form - XXIII; (c) Discrepancy, if any, between the total
number of such ballot papers recorded as aforesaid and the total number of
ballot papers issued to voters as shown in Item 3 of Part I of the said Form -
XXIII minus the number of ballot papers cancelled as shown in item 4 thereof
and the number of papers as shown in item 5 thereof, shall also be recorded in
Part-II of Form - XXIII. (8)
The
Returning Officer shall, as far as practicable, proceed continuously with the
counting of the votes and shall, during any necessary intervals during which
the counting has to be suspended, place the ballot papers, packets and other
documents relating to the election under his/her own seal and the seals of such
candidates or agents as may desire to affix them and shall cause adequate
precautions to be taken for their custody. (1)
The
Returning Officer shall first deal with the postal ballot papers in the manner
hereinafter provided. (2)
No
cover in Form -XVII received by the Returning Officer after the expiry of the
time fixed in that behalf shall be opened and no vote contained in any such
cover shall be counted. (3)
The
other covers shall be opened one after another and as each cover is opened, the
Returning Officer shall first scrutinise the declaration in Form-XV contained
therein. (4)
If
the said declaration is not found, or has not been duly signed and attested, or
is otherwise substantially defective, or if the serial number of the ballot
paper as entered in it differs from the serial number endorsed on the cover in
Form-XVI, that cover shall not be opened, and after making an appropriate
endorsement thereon, the Returning Officer shall reject the ballot paper
therein contained. (5)
Each
cover so endorsed and the declaration received with it shall be replaced in the
cover in Form - XVII and all such covers in Form -XVII shall be kept in
separate packet which shall be sealed and on which shall be recorded the
details of the ward/constituency, the date of counting and a brief description
of its content. (6)
The
Returning Officer shall then place all the declarations (in Form-XV) which he
has found to be in order in a separate packet which shall be sealed before any
cover containing postal ballot papers (in Form - XVI) is opened and on which
shall be recorded the particulars referred to in sub-rule (5). (7)
The
covers in Form - XVI pertaining to the declarations found to be in order shall
then be opened one after another and the Returning Officer shall scrutinize
each ballot paper and decide the validity of the vote recorded thereon. (8)
A
postal ballot paper shall be rejected- (a)
if
it bears any mark (other than the mark to record the vote) or writing by which
the elector can be identified; or (b)
if
no vote is recorded thereon; or (c)
if
the vote is given on it in favour of more candidates than one; or (d)
if
it is a spurious ballot paper; or (e)
if
it is so damaged or mutilated that its identity as a genuine ballot paper
cannot be established; or (f)
if
it is not returned in the cover sent along with it to the elector by the
Returning Officer. (9)
A
vote recorded on a postal ballot paper shall be rejected if the mark indicating
the vote is placed on the ballot paper in such manner as to make it doubtful to
which candidate the vote has been given. (10)
A
vote recorded on a postal ballot paper shall not be rejected merely on the
ground that the mark indicating the vote is indistinct or made more than once,
if the intention that the vote shall be for a particular candidate clearly
appears from the way the paper is marked. (11)
The
Returning Officer shall count all the valid votes given by postal ballot in
favour of each candidate, record the total thereof in the final result
sheet in Form - XXIV and announce the same. (12)
Thereafter,
all the valid ballot papers and all the rejected ballot papers shall be
separately bundled and kept together in a packet which shall be sealed with the
seals of the Returning Officer and of such of the candidates, their Election
Agent or counting agents as may desire to affix their seals thereon and on the
packet so sealed shall be recorded the details of the ward, the date of
counting and a brief description of its contents. (1)
The
Returning Officer shall reject a ballot paper,- (a)
if
it bears any mark or writing by which the elector can be identified, or (b)
if
it bears no mark at all to indicate the vote, it bears a mark elsewhere than on
or near the symbol of one of the candidates on the face of the ballot paper or,
it bears a mark made otherwise than with the instrument supplied for the
purpose, or (c)
if
votes are given on it in favour of more than one candidate, or (d)
if
the mark indicating the vote thereon is placed in such manner as to make it
doubtful as to which candidate the vote has been given, or (e)
if
it is a spurious ballot paper, or (f)
if
it is so damaged or mutilated that its identity as a genuine ballot paper
cannot be established, or (g)
if
it bears a serial number, or is of a design, different from the serial numbers,
or, as the case may be, design, of the ballot papers authorised for use at the
particular polling station, or (h)
if
it does not bear both the distinguishing mark and the signature which it should
have borne under the provisions of Rule 45; Provided that where the Returning Officer is
satisfied that any such defect as is mentioned in clause (g) or clause (h) has
been caused by any mistake or failure on the part of a Presiding Officer or
Polling Officer, the ballot paper shall not be rejected merely on the ground of
such defect: Provided further that a ballot paper shall
not be rejected merely on the ground that the mark indicating the vote is
indistinct or made more than once, if the intention that the vote shall be for
a particular candidate clearly appears from the way the paper is marked. (2)
Before
rejecting any ballot paper under sub-rule (1), the Returning Officer shall
allow candidates and their counting agents present a reasonable opportunity to
inspect the ballot paper but shall not allow them to handle it or any other
ballot paper. (3)
The
Returning Officer shall endorse on every ballot paper which he/she rejects the
word "rejected" and the grounds of rejection in abbreviated form
either in his/her own hand or by means of a rubber stamp and shall initial such
endorsement. (4)
All
ballot papers rejected under this rule shall be bundled together. (5)
Every
ballot paper which is not rejected under this rule shall be counted as one
valid vote. After counting of all ballot papers contained
in all the ballot boxes used in Ward of a Municipality or Municipal
Corporation, have been completed, the Returning Officer shall make the entries
in a final result sheet in Form-XXIV and announce the particulars. (1)
After
such announcement has been made under rule 59, a candidate or, in his/her
absence, his/her Election Agent or any of his/her counting agents may apply in
writing to the Returning Officer for recounting of the votes either wholly or
in part stating the grounds on which, he demands such recount. (2)
On
such an application being made the Returning Officer shall decide the matter
and may allow the application in whole or in part or may reject it wholly if it
appears to him/her to be frivolous or unreasonable. (3)
Every
decision of the Returning Officer under sub-rule (2) shall be in writing and
contain the reasons therefor. (4)
If
the Returning Officer decides under sub-rule (2) to allow a recount of the
votes either wholly or, in part he shall - (a)
do
the recounting in accordance with rule 56; (b)
amend
the result sheet in Form-XXIV to the extent necessary after such recount; and (c)
announce
the amendments so made by him. (5)
After
the total number of votes polled by each candidate has been announced under
sub-rule (4), the Returning Officer shall complete and sign the final result
sheet in Form-XXIV and no application for a further or second recount shall be
entertained thereafter. If, after the counting of the votes is
completed an equality of votes is found to exist between any candidates and the
addition of one vote will lead to any of those candidates being declared
elected, the Returning Officer shall forthwith decide between those candidates
by lot, and proceed as if the candidate on whom the lot falls had received the
additional vote. (1)
The
Returning Officer shall subject to the provisions of rule 61 in so far as they
apply to any particular case - (a)
declare
in Form XXV the candidate to whom the largest number of valid votes have been
given to be elected for the seat and send signed copies thereof to the State
Election Commission, Election Authority and District Election Authority. (b)
complete
and certify the return of election in Form XXVI and send copies thereof to the
State Election Commission, Election Authority and District Election Authority. (2)
Any
candidate or his/her agent shall, on application be permitted to take a copy of
an extract of the return of election in Form XXVI. As soon as may be after a candidate has been
declared by the Returning Officer under Rule 15 or, as the case may be, under
Rule 62 to have been elected, the Returning Officer shall grant such candidate
a certificate of election in Form XXVII and obtain from the candidate an
acknowledgement of its receipt duly signed by him/her immediately. The Returning Officer shall publish on the
notice board in the Office of the Municipality/Municipal Corporation concerned
a notification signed by him, stating the names of the candidates duly elected. The valid ballot papers of each candidate and
the rejected ballot papers shall thereafter be bundled separately and the several
bundles made up into a separate packet which shall be sealed with the seals of
the Returning Officer and of such of the candidates, their Election Agent s or
counting agents as may desire to affix their seals thereon, and on the packets
to be sealed shall be recorded the following particulars, namely - (a)
number
of ward and name of the Municipality/Corporation, as the case may be; and (b)
the
date of counting. (1)
The
Returning Officer shall after declaring the results, forward a copy of the
return to the Executive Authority/Commissioner of the Municipality/Corporation
concerned and shall handover to the Officer authorised by the District Election
Authority the packets of ballot papers, whether counted, rejected or tendered.
These packets shall not be opened and their contents shall not be inspected or
produced except under the orders of an authority competent to decide election
disputes. (2)
The
Officer so authorised shall retain packets and the marked copies of the
electoral roll for a year and shall then, unless otherwise directed by the
orders of an authority competent to decide election disputes, cause them to be
destroyed. CHAPTER – V VOTING BY ELECTRONIC
VOTING MACHINES Every Electronic Voting Machine (hereinafter
referred to as the voting machine) shall have a control unit (with or without
Detachable Memory Module/Secured Detachable Memory Module) with one or more
balloting units and may also be attached to a printer with a drop box for
printing a paper trail of the vote(Voter Verifiable Paper Audit Trial), in such
constituency or constituencies or polling station or polling stations or parts
thereof as the State Election Commission may direct basing on the availability.
The number of balloting units shall depend on the number of contesting
candidates and number of seats. The design and shape of control unit, balloting
unit and printer shall be such, as may be approved by the State Election
Commission. Explanation:- Detachable Memory Module
(DMM)/Secured Detachable Memory Module (SDMM) means such electronic memory
device which is attached to the control unit of electronic voting machine and
keeps the election data safely in secured manner. In all cases where the EVMs
are to be reused before the counting process, the DMM/SDMM containing poll data
shall be separated and stored securely as per the directions of SEC till they
are taken up for counting. Voter Verifiable Paper Audit Trail (VVPAT) or
Verifiable Paper Record (VPR) is a method of providing feedback to voters in a
ballot less voting system. A VVPAT is intended as an independent verification
system designed to allow voters to verify that their vote is recorded correctly
and also to provide a means to audit the stored electronic results. A 'voter verified paper audit trail' (VVPAT)
consists of physical paper records of ballots as cast by the voters in an
electronic voting system. In the event that an election recount or audit is called
for, the VVPAT provides a supporting record. The 'voter-verified' part of the
VVPAT refers to the fact that the voter is given the opportunity to verify the
choices he has made while casting the ballot. Thus, the result of an election
in an electronic form is tallied with the paper record verified by the
individual voters. (1)
The
Balloting Unit of the voting machine shall contain such particulars in such
language or languages as the State Election Commission may specify. (2)
The
names of the candidates or the symbols allotted to 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 symbols of the contesting candidates in the
Balloting Unit and secure that unit with his/her seal and the seals of such of
the contesting candidates or their Election Agent s 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/her seal and the seals of such of the
contesting candidates or their Election Agent s present as are desirous of
affixing the same. (5)
Where
the printer for paper trail is used under the proviso to rule 68, set the
printer as per the number of contesting candidates set in the control unit by - (a)
Loading
in the printer the serial numbers and names of candidates and symbols allotted
to them as given on the balloting units under clause 4(a); (b)
Loading
paper in the printer; and (c)
Sealing
the printer in such manner as may be directed by the State Election Commission (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 (b)
a
copy of the list of contesting candidates. (2)
At
each polling station there shall be setup 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 or more voting
machines and copies of relevant part of the electoral roll and such other
election material as may be necessary for taking the poll. The provisions of Rule 37 shall apply to
regulate the entry of electors and other persons inside the polling station. (1)
The
Control Unit and Balloting Unit of every voting machine used at a polling
station and the printer for paper trail where used shall bear a label marked
with:- (a)
Name
of the Municipality/Municipal Corporation; (b)
the
serial number and the name of the ward; (c)
the
serial number and the name of the polling station; (d)
the
serial number of the Balloting unit and Control Unit; and (e)
the
serial number of the detachable memory module (DMM)/Secured Detachable Memory
Module (SDMM) wherever used; (f)
the
serial number of the printer wherever used; and (g)
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 vote has been already
recorded in the voting machine and it bears the label referred to in sub-rule
(1) and where the printer for paper trail is used that the drop box of the
printer is empty. (3)
A
paper seal shall be used for securing the Control Unit of the voting machine,
and the Presiding Officer shall affix his/her own signature on the paper seal
and obtain thereon the signature of such of the polling agents present as are
desirous of affixing the same. (4)
The
Presiding Officer shall thereafter fix the paper seal so signed in the space
meant therefore 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 the 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. (7)
Where
the printer for paper trail is used, the printer shall also be kept along with
the balloting unit in the voting compartment and shall be connected to the electronic
voting machine in the manner as directed by the State Election Commission. 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 any entry other than that made with regard to issue
of postal ballot papers and election duty certificates. With regard to facilities to women electors,
the provisions of rule 40 shall apply. For the purpose of identification of
electors, Rule 41 shall apply. With regard to facilities for public servants
on election duty provisions of Rule 42 shall apply. Where the identity of an elector is
challenged, the provisions of Rule 43 shall apply. (1)
Every
elector about whose identity the Presiding Officer or the polling officer, as
the case may be, is satisfied, shall allow his/her 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/her left forefinger to be inspected or marked in accordance with
sub-rule (1) or has already such a mark on his/her left forefinger or does any
act with a view to removing the ink mark, or (b)
fails
or refuses to produce his/her identity card or such other document as specified
by order of State Election Commission under sub-rule (3) of Rule 41, he/she
shall not be allowed to vote. (3)
Any
reference in this rule to the left forefinger of an elector shall, in the case
where the elector has his/her left forefinger missing, he/she construed as a
reference to any other finger to his/her left hand, and shall, in the case
where all the fingers of his/her left hand are missing, be construed as a
reference to the forefinger or any other finger of both the hands are missing
be construed as a reference to such extremity of his/her left or right arm as
he possesses. (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-XXVIII; (b)
obtain
the signature or the thumb impression of the elector on the said register of
voters; and (c)
mark
the name of the elector in the marked copy of the electoral roll to indicate
that he/she has been allowed to vote: Provided that, no elector shall be allowed to
vote unless he/she has affixed his/her signature or thumb impression on the
register of voters. (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 register of
voters. (1)
Every
elector who has been permitted to vote under Rule 78 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 to the Presiding Officer
or the polling officer in-charge of the Control Unit of the voting machine who
shall, by pressing the appropriate button on the Control Unit, activate the
Balloting Unit, for recording of elector's vote. (3)
The
elector shall thereafter forthwith, - (a)
proceed
to the voting compartment; (b)
record
his/her vote by pressing the button on the Balloting Unit against the name and
symbol of the candidate for whom he intends to vote; and (c)
come
out of the voting compartment and leave the polling station. Provided that where printer for paper trial
is used, upon casting the vote by pressing the button as referred to in clause
(b), the elector shall be able to view through the transparent window of the
printer, kept along with the balloting unit inside the voting compartment, the
printed paper slip showing the serial number, name and the symbol of the
candidate for whom he has cast his/her vote before such paper slip gets cut and
drops in the drop box of the printer. (4)
Every
elector shall vote without undue delay. (5)
No
elector shall be allowed to enter the voting compartment when another elector
is inside it. (6)
If
an elector who has been permitted to vote under rule 79 or rule 83 refuses
after warning given by the Presiding Officer to observe the procedure laid down
in sub-rule (3) of Rule 79 or sub-rule (3) of Rule 83, the Presiding Officer or
a polling officer under the direction of the Presiding Officer shall not allow
such elector to vote. (7)
Where
an elector is not allowed to vote under sub-rule (6), a remark to the effect that
voting procedure has been violated shall be made against the elector's name in
the register of voters in Form XXVIII by the Presiding Officer under his/her
signature. (1)
Where
printer for paper trail is used, if an elector after having recorded his/her
vote under Rule 79 alleges that the paper slip generated by the printer has
shown the name or symbol of a candidate other than the one he voted for, the
presiding officer shall obtain a written declaration in Form-XXIX from the
elector as to the allegation, after warning the elector about consequence of
making a false declaration. (2)
If
the elector gives the written declaration referred to in sub-rule (1), the
presiding officer shall make a second entry related to that elector in Register
of Votes in Form-XXVIII, and permit the elector to record a test vote in the
voting machine in his/her presence and in the presence of the candidates or
polling agents who may be present in the polling station, and observe the paper
slip generated by the printer. (3)
If
the allegation is found true, the Presiding Officer shall report the facts
immediately to the Returning Officer stop further recording of votes in that
voting machine and act as per the direction that may be given by the Returning
Officer. (4)
If,
however, the allegation is found to be false and the paper slip so generated
under sub-rule (1) matches with the test vote recorded by the elector under
sub-rule(2), then, the Presiding Officer shall - (a)
make
a remark to that effect against the second entry relating to that elector in
Register of Voters in Form-XXVIII mentioning the serial number and name of the
candidate for whom such test vote has been recorded; (b)
obtain
the signature or thumb impression of that elector against such remarks; and (c)
make
necessary entries regarding such test vote in item 5 in Part I of Accounts of
Votes Recorded in Form-XXXI. (1)
If
the Presiding Officer is satisfied that owing to blindness or other physical
infirmities an elector is unable to read the names or recognise the symbols on
the Balloting Unit of the voting machine or unable to record his/her vote by
pressing the appropriate button thereon without assistance, the Presiding
Officer shall permit the elector to take with him/her a companion of not less
than eighteen years of age to the voting compartment for recording the vote on
his/her behalf and in accordance with his/her wishes: 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 that
person shall be required to declare in Form-XX that he will keep secret the
vote recorded by him/her on behalf of the elector and that he has not already
acted as the companion of any other elector at any other polling station on
that day. (2)
The
Presiding Officer shall keep a record of all cases under this rule in Form-XX
and Form-XXI. If an elector, after his/her electoral roll
number has been entered in the register of votes in Form-XXVIII and has put
his/her signature or thumb impression thereon as required under clause (b)
sub-rule (1) of rule 78, decides not to record his/her vote, a remark to this
effect shall be made against the said entry in Form-XXVIII by the Presiding
Officer and the signature or thumb impression of the elector shall be obtained
against such remark. (1)
If
a person representing himself/herself to be a particular elector seeks to vote
after another person has already voted as such elector, he/she shall, on
satisfactorily answering such questions relating to his/her identity as the
Presiding Officer may ask, be, instead of being allowed to vote through the
Balloting Unit, supplied with a tendered ballot paper which shall be of such
design and the particulars of which shall be in such language or languages as
the State Election Commission may specify. (2)
Every
such elector shall before being supplied with tendered ballot paper affix
his/her signature or thumb impression against the entry relating to him/her in
a list in Form-XXX. (3)
On
receiving the ballot paper he shall forthwith (a)
proceed
to the voting compartment; (b)
record
there his/her vote on the ballot paper by placing a cross mark (???) with
instrument or article supplied for the purpose, on or near the symbol of the
candidate for whom he/she intends to vote; (c)
fold
the ballot paper so as to conceal his/her vote; (d)
give
it to the Presiding Officer who shall place it in a cover specially kept for
the purpose; and (e)
leave
the polling station. (4)
If
owing to blindness or physical infirmities, such elector is unable to record
his/her vote without assistance the Presiding Officer shall permit him/her to
take with him/her companion, subject to the same conditions and after following
the same procedure as laid down in rule 81 for recording the vote in accordance
with his/her wishes. (1)
The
Presiding Officer may whenever he/she considers it necessary to do so, enter
the voting compartment during poll and take such steps as may be necessary to
ensure that the Balloting Unit is not tampered or interfered with in 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 the Balloting
Unit or has remained inside the voting compartment for unduly long period, he
shall enter the voting compartment and take such steps as may be necessary to
ensure the smooth and orderly progress of the poll. (3)
Whenever
the Presiding Officer enters the voting compartment under this rule, he/she
shall permit the polling agents present to accompany him/her if they so desire. (1)
The
Presiding Officer shall close a polling station at the hour fixed in that
behalf: 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/her
decision shall be final. (1)
The
Presiding Officer shall at the close of the poll prepare an account of votes
recorded in Form-XXXI and put it in a separate cover with the words
"Account of Votes Recorded" superscribed thereon. (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 Form-XXXI after obtaining a
receipt from the said polling agent therefor and shall attest it as a true
copy. (1)
As
soon as practicable after the closing of the poll, the Presiding Officer shall
close the Control Unit to ensure that no further votes can be recorded and
shall detach the Balloting Unit from Control Unit and from the printer, where
printer is also used, so however, that the paper slips contained in the drop
box of the printer shall remain intact. (2)
The
Control Unit, the Balloting Unit and the printer, where it is used, shall
thereafter be sealed, and secured separately in such manner as the State
Election Commission may direct and the seal used for securing them shall be so
affixed that it will not be possible to open the units without breaking the
seals. (3)
The
polling agents present at the polling station, who desire to affix their seals,
shall also be permitted to do so. (1)
The
Presiding Officer shall then make into separate packets, - (a)
the
marked copy of the electoral roll; (b)
the
register of voters in Form-XXVIII; (c)
the
cover containing the tendered ballot papers and the list in Form-XXX; (d)
the
list of challenged votes; and (e)
any
other papers directed by the State Election Commission to be kept in a sealed
packet. (2)
Each
packet shall be sealed with the seal of the Presiding Officer and with the seal
either of the candidate or of his/her Election Agent or of his/her polling
agent who may be present at the polling station and may desire to affix his/her
seal thereon. (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
voting machine; (b)
the
account of votes recorded in Form-XXXI; (c)
the
sealed packets referred to in rule 88; and (d)
all
other papers used at the poll. (2)
The
Returning Officer shall make adequate arrangements for the safe transport of
the voting machine, packets and other papers for their safe custody until the
commencement of the counting of votes. (1)
If
the poll at any polling stations is adjourned under Section 227 of the Act, the
provisions of Rules 85 to 89, shall, as far as practicable, apply as if the
poll was closed at the hour fixed in that behalf. (2)
When
an adjourned poll is recommended under sub-section (2) of section 227 of the
Act, 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 sealed packet containing the marked
copy of the electoral roll, register of voters in Form-XXVIII and a new voting
machine. (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 marking the
names of the electors who are allowed to vote at the adjourned poll. (5)
The
provisions of Rules 67 to 88 shall apply in relation to the conduct of an
adjourned poll before it was so adjourned. Where the Presiding Officer is of opinion
that booth capturing is taking place at a polling station or at a place fixed
for the poll, he shall immediately close the Control Unit of voting machine to
ensure that no further votes can be recorded and shall detach the Balloting
Unit from the Control Unit and from the printer, where printer is also used,
and thereupon the provisions of section 229 of the Act, in so far as they
relate to booth-capturing at a polling station shall apply. (1)
The
Returning Officer may have the Control Units of the voting machines used at
more than one polling station taken up for scrutiny and inspection and votes
recorded in such units counted simultaneously. (2)
Before
the votes recorded in any Control Unit of a voting machine are counted under
sub-rule (1), the candidate or his/her Election Agent or his/her counting agent
present at the counting table shall be allowed to inspect the paper seal and
such other vital seals as might have been affixed on the unit and to satisfy
themselves that the seals are intact. (3)
The
Returning Officer shall satisfy himself/herself that none of the voting
machines has in fact been tampered with. (4)
If
the Returning Officer is satisfied that any voting machine has in fact been
tampered with, he/she shall not count the votes recorded in that machine and
shall report the matter to the State Election Commission. (1)
After
the Returning Officer is satisfied that a voting machine has in fact not been
tampered with, he shall have the votes recorded therein counted by pressing the
appropriate button marked "Result" provided in the Control Unit
whereby the total votes polled and votes polled by each candidate shall be
displayed in respect of each such candidate on the display panel provided for
the purpose in the unit. (2)
As
the votes polled by each candidate are displayed on the Control Unit, the
Returning Officer shall have:- (a)
number
of such votes recorded separately in respect of each candidate in Part II of
Form-XXXI; (b)
part
II of Form-XXXI completed in other respects and signed by the counting
supervisor and also by the candidates or their Election Agent s or their
counting agents present; and (c)
corresponding
entries made in a final result sheet in Form-XXIV and the particulars so
entered in the result sheet announced. (3)
Provided
that the test vote recorded, if any, for a candidate, as per item 5 in Part I
of Accounts of Votes Recorded in Form - XXXI, shall be subtracted from the
number of votes recorded for such candidate as displayed on the control unit. (1)
Where
printer for paper trail is used, after the entries made in the result sheet are
announced, any candidate, or in his/her absence, his/her Election Agent or any of
his/her counting agents may apply in writing to the Returning Officer to count
the printed paper slips in the drop box of the printer in respect of any
polling station or polling stations. (2)
On
such application being made, the Returning Officer shall, subject to such
general or special guidelines, as may be issued by the State Election
Commission, decide the matter and may allow the application in whole or in part
or may reject in whole, if it appears to him/her to be frivolous or
unreasonable. (3)
Every
decision of the Returning Officer under sub-rule (2) shall be in writing and
shall contain the reasons therefor. (4)
If
the Returning Officer decides under sub-rule (2) to allow counting of the paper
slips either wholly or in part or parts, he/she shall- (a)
do
the counting in the manner as may be directed by the State Election Commission; (b)
if
there is discrepancy between the votes displayed on the control unit and the
counting of the paper slips, amend the result sheet in Form-XXIV as per the
paper slips count; (c)
announce
the amendments so made by him/her ; and (d)
complete
and sign the final result sheet. (1)
After
the result of voting recorded in Control Unit has been ascertained
candidate-wise, and entered in Form-XXXI and in the form prescribed for this
purpose, the Returning Officer shall reseal the unit with his/her seal and the
seals of such of the candidates or their Election Agent s present who may
desire to affix their seals thereon, so however that the result of voting
recorded in the unit is not obliterated and the unit retains the memory of such
result and where printer for paper trail is used, the Returning Officer shall
seal the paper slips in such manner, as may be directed by the State Election
Commission. (2)
The
Control Unit and the paper slips so sealed shall be kept in specially prepared
boxes on which the Returning Officer shall record the following particulars,
namely:- (a)
Name
of the Municipality/Municipal Corporation; (b)
the
details of the Ward of the Municipality; (c)
the
particulars of the polling station where the Control Unit has been used; (d)
serial
number of the Control Unit; (e)
the
serial number of the VVPAT printer, where it is used; (f)
date
of poll; and (g)
date
of counting. (1)
A
part of the EVM i.e., Electronic Memory Device called as Detachable Memory
Module (DMM) or Secured Detachable Memory Module (SDMM) only shall be sealed by
separating it from Control Unit. The control unit etc., may be used for other
phases of election. (2)
After
the result of voting is ascertained and recorded in the control unit and
recorded candidate wise in Part-II of Form-XXXI mentioned in Rule 93, the
Returning Officer shall separate DMM/SDMM from control unit and seal in the
manner prescribed by the State Election Commission. During the sealing
procedure the candidate or their Election Agent s present may affix their seals
and put signatures thereon. Where printer for paper trail is used, the
Returning Officer shall seal the paper slips in such manner, as may be directed
by the State Election Commission. (3)
The
DMM/SDMM so sealed shall be kept in specially prepared box on which the
Returning Officer shall record the following particulars:- (a)
Name
of the Municipality/Municipal Corporation; (b)
The
details of the Ward of the Municipality; (c)
The
Particulars of Polling Station or Stations where the control unit/DMM/SDMM has
been used; (d)
Serial
Number of Control Unit and Printer wherever used; (e)
Serial
Number of DMM/SDMM used: (f)
Date
of Poll; and (g)
Date
of counting. (4)
The
sealed DMM/SDMM may be used for judicial purpose and other necessary purposes. (1)
All
voting machines where DMMs/SDMMs are not used and only DMMs/SDMMs where CUs
& BUs are reused at an election shall be kept in the custody of the
concerned Collector & District Election Authority or the Officer authorised
by him/her (2)
The
Collector & District Election authority or the Officer authorised by
him/her shall keep in the safe custody- (a)
the
packets of marked copy of the electoral roll; (b)
the
packets containing register of voters in Form-XXVIII; (c)
the
packets containing the number of votes recorded in respect of each candidate in
Form - XXXI; (d)
the
printed paper slips sealed under the provisions of rule 95 or 96; and (e)
all
other papers relating to election. (1)
While
in the custody of the Collector & District Election Authority or the
Officer authorised by him/her (a)
the
packets of marked copy of electoral roll; (b)
the
packets containing registers of voters in Form-XXVIII; (c)
the
printed paper slips sealed under the provisions of rule 95 or 96;
and shall not be opened and their contents shall not be inspected by, or
produced before any person or authority except under the order of the competent
court. (2)
The
Control Unit or DMM/SDMM sealed as per the provisions of Rule 95 or 96 kept in
the custody of the Collector & District Election Authority or the Officer
authorised by him/her shall be stored in Government Treasury or sub-Treasury
and shall not be opened and inspected by, or produced before any person or
authority except under the order of the competent court. (1)
The
voting machines where DMMs/SDMMs are not used and the DMMs/SDMMs where they are
used and kept in the custody of the Collector & District Election Authority
or the Officer authorised by him/her shall be retained intact for such period
as the State Election Commission may direct and shall not be used at any
subsequent election without the prior approval of the State Election
Commission. (2)
The
Officer so authorised shall retain packets and the marked copies of the
electoral roll for a year and shall then, unless otherwise directed by the
orders of an authority competent to decide election disputes, cause them to be
destroyed Subject to the other provisions of these
rules, the State Election Commission may issue such directions as it may
consider necessary to facilitate the proper use and operation of the voting
machines and also as occasion requires to facilitate the holding of elections
under these rules. CHAPTER – VI MISCELLANEOUS (1)
If
any question arises on the interpretation of these Rules, otherwise than in
connection with an enquiry held under the rules for the decision of disputes as
to the validity of an election, the question shall be referred to the State
Election Commission whose decision thereon shall be final: Provided that, the State Election Commission
shall not entertain any petition relating to elections that may arise from the
time of calling for nomination till the declaration of results. Such cases
shall be decided by a court of competent jurisdiction. (2)
If
any difficulty arises as to the holding of an election under these rules, the
State Election Commission may by order, do anything not inconsistent with these
rules, which appear to them necessary for the proper holding of elections. (1)
The
account of election expenses to be kept by a candidate or his/her Election
Agent shall contain such particulars and shall be in such proforma as may be
specified by the State Election Commission. (2)
The
account of election expenses of Ward Members of the Municipality/Corporation
shall be submitted to the District Election authority within forty-five days
from the date of declaration of the result of the election. The District Election Authority shall, within
two days from the date on which account of election expenses has been received
by him/her under Rule 102, cause a notice to be affixed on his/her notice
board, specifying - (a)
the
name of the candidate; (b)
the
date on which the account has been lodged before the District Election
authority. (c)
the
amount reported as incurred and (d)
the
time and place at which such account can be inspected by any intending person. Any person shall on payment of a fee of fifty
rupees, be entitled to inspect any such account and on payment of Rs. 200/- or
the actual cost of making copies whichever is higher, be entitled to obtain
attested copies of such account or any part thereof. (1)
As
soon as may be, after the expiration of the time specified in section 236 for
the lodging of the accounts of election expenses at any election, the District
Election Authority shall report to the State Election Commission - (a)
the
name of each contesting candidate; (b)
whether
such candidate has lodged his/her account of election expenses, and if so, the
date on which such account has been lodged; and (c)
whether
in his/her opinion such account has been lodged within the time and in the
manner required by the Act and these rules. He/she shall also publish the
same information on the office notice board of the Municipality/Corporation. (2)
Where
the District Election Authority is of the opinion that the account of election
expenses of any candidate has not been lodged within the due date or lodged but
not in the manner required by the Act and these rules, he/she shall make a
report to the State Election Commission and with every such report, forward the
account of election expenses of that candidate and the vouchers lodged along
with it, if any. (3)
As
soon as may be, after the receipt of the report referred to in sub-rule (1),
the State Election Commission shall, consider the same and decide whether any
contesting candidate has failed to lodge the account of election expenses
within the time and in the manner required by the Act and these rules. (4)
Where,
the State Election commission decides that, a contesting candidate has failed
to lodge his/her account of election expenses within the time and/or in the
manner required by the Act and these rules, the Commission shall by notice in
writing call upon the candidate to show cause why he/she should not be
disqualified, and declared to have ceased to hold office under provision (3) of
Schedule-IV of section 12 of the Act for the failure in case he/she is elected. (5)
Any
contesting candidate who has been called upon to show cause under sub-rule (4)
may, within twenty days of the receipt of such notice, submit in respect of the
matter a representation in writing to the State Election Commission, and shall
at the same time send to the District Election Authority, a copy of his/her
representation together with a complete account of his/her election expenses if
he/she had not already furnished such an account. (6)
The
District Election Authority shall, within five days of the receipt thereof,
forward to the State Election Commission, the copy of the representation and the
account, if any, with such comments as he/she wishes to make thereon. (7)
If,
after considering the representation submitted by the candidate and the
comments made by the District Election Authority and after such inquiry as it
thinks fit, the State Election Commission is satisfied that the candidate has
no good reason or justification for the failure, the Commission shall declare
him/her by an order made under provision (3) of Schedule-IV of section 12 of
the Act to be ineligible for a period of three years, from the date of the said
order, to contest any election held for any office under the Act and if he/she
is an elected candidate declare him/her to have ceased to hold office with
immediate effect and publish the order in the Official Gazette. The total of the election expenses incurred
or authorised to be incurred by each contesting candidate in connection with an
election shall not exceed the amount specified for each office in the order
made by the State Election Commission in this behalf. The form of the oath as prescribed in
Form-XXXII. No witness or other person shall be required
to state for whom he has voted at an election.TELANGANA MUNICIPALITIES AND MUNICIPAL
CORPORATIONS (CONDUCT OF ELECTION OF MEMBERS) RULES, 2019
PREAMBLE