HANDBOOK

FOR

RETURNING OFFICERS
FOR ELECTIONS TO THE COUNCIL OF STATES
&
STATE LEGISLATIVE COUNCILS

2015

ELECTION COMMISSION OF INDIA

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 FOREWORD

Elections to the Council of States and State Legislative Councils are held under the
system of proportional representation by means of the single transferable vote. These
elections are different in several material aspects from elections to the House of the
People and the State Legislative Assemblies held under the system known as 'first past
the post' system.

2. The Election Commission had published in 1992 and reprinted in 1996 a

“Handbook for Returning Officer for the Elections to the Council of States and State
Legislative Councils”. This handbook has not been revised thereafter. The Commission
has considered it desirable to bring out a new handbook for Returning Officers for the
Elections to the Councils of States and State Legislative Councils, as a self-contained
compendium.

3. This handbook, in a continuous narrative form explains in detail, the powers,

duties and functions of the Returning Officers during various stages of elections to the
Council of States and State Legislative Councils.

4. While every endeavor has been made to cover all salient features, this handbook
is no substitute for the relevant provisions of the Constitution of India, the
Representation of the People Act, 1951 and rules and orders made thereunder insofar as
the same relate to the functions of the Returning Officers. They are advised to familiarize
themselves thoroughly with these provisions which are contained in the Manual of
Election Law.

6. It is hoped that this handbook will serve as a useful guide for the Returning
Officers and others connected with elections to the Council of States and State
Legislative Councils in the discharge of their functions.

Dr. NASIM ZAIDI

Chief Election Commissioner of India
New Delhi
Dated: 1st December, 2015

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 HANDBOOK FOR RETURNING OFFICERS FOR ELECTIONS TO
THE COUNCIL OF STATES & STATELEGISLATIVE COUNCILS

CONTENTS

Chapter Page
I. PRELIMINARY
II. CONSTITUENCIES, ELECTORAL ROLLS
AND POLLING STATIONS
Constituencies
Delimitation of Council Constituencies
Electoral Rolls
Place of Poll and Polling stations
Facility of Postal Ballot
III. POLLING PERSONNEL
Power to Appoint Polling Personnel
Set up of Polling Stations
IV. ELECTION MATERIALS
V. NOMINATIONS
Issue of Public Notice
Filing of nomination papers
VI. SCRUTINY
Scrutiny-quasi-judicial duty
Grounds for rejection of nomination papers
Alphabetical arrangement of names of candidates
VII. WITHDRAWAL OF CANDIDATURES
Intimation by political parties of names ofcandidates set up by them
Publication of list of contesting candidates
VIII. UNCONTESTED ELECTION
IX. BALLOT PAPERS AND BALLOT BOXES
Form and language of Ballot Papers
Distinguishing mark on the Ballot Papers
Supply and return of Postal Ballot Papers
Voters on election duty
Ballot Boxes
X. ARRANGEMENTS FOR THE POLL
Model Code of Conduct
XI. THE POLL
Legal Provisions
Elections to the Council of States
Who is entitled to vote
Persons to be admitted inside the polling station
Preparation of Ballot Box
Preparation of Ballot Papers for issue
Voting by illiterate, blind and infirm voters
Challenged and Tendered Votes
Method of voting
Simultaneous elections to Council of States & State Legislative Councils
Election in Council Constituencies
Common Polling Stations for Graduates’ andTeachers’ Constituencies
Death of a Candidate-Countermand of Polls
Adjournment of Poll
Procedure for holding fresh Poll
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XII. COUNTING OF VOTES
Legal provisions
Counting of votes at Election to the Councilof States
Persons allowed in Counting Hall
Counting of votes received by post
Grounds for rejection of Ballot Paper
Value of votes, ascertainment of quota
Detailed process of accounting
Counting of votes at Election to theState Legislative Council
Sealing of ballot papers etc. after counting
Safe Custody of Election Records by DistrictElection Officer
XIII. DECLARATION AND PUBLICATION OF
RESULT OF ELECTION
Report of result of election
Publication of results of elections
Term of Office of Members
XIV. RETURN AND FORFEITURE OF
DEPOSITS
XV MISCELLANEOUS
Submission of Report by the Returning Officer
Safe Custody of Election Papers
Disposal of Election Papers

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 CHAPTER I

PRELIMINARY

The smooth conduct of an election right from the issue of public notice for election
to the declaration of the result and safe custody of election papers thereafter mainly
depend on you and the electoral machinery under you. Even a slight mistake/lapse or
wrong interpretation of the law or the rules may vitiate the election. You have a well-
defined and vital role to play in the entire process. It is, therefore, necessary for you to
acquaint yourself fully with the up-to-date rules and procedures connected with the
conduct of elections and also familiarize yourself thoroughly with the steps to be taken
at various stages.

2. This Handbook is designed to serve that purpose. The broad outlines of your duties
are given in the following pages. It may be noted that this Handbook cannot be treated
as exhaustive in all respects or as a substitute reference for various provisions of
election laws governing the conduct of elections. Whenever you are in doubt as to the
clarity of instructions contained herein, reference should be made to the corresponding
Acts and Rules.

3. The provisions relating to election to the Council of States and Legislative Councils are
contained mainly in:

(1) The Constitution of India;

(2) The Representation of the People Acts, 1950 and 1951 and the rules made
thereunder, namely: TheRegistration of Electors Rules, 1960 and The Conduct of
Elections Rules, 1961;
(3) The Prohibition of Simultaneous Membership Acts of concerned States and the
Prohibition of Simultaneous Membership Rules made by the President under
Articles 101(2) and 190(2) of the Constitution;

(4) The Parliament (Prevention of Disqualification) Act, 1959 and Acts of the State
Legislatures relating to the removal of disqualifications; and

(5) The Delimitation of Council Constituencies Orders.

It is essential that the relevant provisions of these enactments should be studied

carefully.

4. There are some special features and characteristics of these elections. These are
enumerated below:

(1) Neither the Council of States nor the Legislative Council of a State is subject to
dissolution. As nearly as possible, one third of the members thereof retire, as
soon as may be, on the expiration of every second year [Articles 83 and 172(2)].
Biennial elections are held to fill the vacancies of members in the Council of
States and Legislative Councils of States retiring on the expiration of their term of
office (Sections 2 and 16 of the Representation of the People Act, 1951). Bye-
elections are held to fill casual vacancies (Sections 147 and 151 of the
Representation of the People Act, 1951).

(2) (a) The total number of elected representatives of States including Union
Territories in the Council of States should not exceed 238 [Article
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 80(1)(b)].The representatives of a State are elected by the elected members
of the Legislative Assembly of the State [Article 80(4)]. The representatives of
the Union Territories are chosen in the manner prescribed by Parliament by
Law [Article 80(5) and Part IV-A-Sections 27A to 27J of the Representation of
the People Act, 1950]. The President nominates not more than twelve
members having special knowledge or practical experience in respect of such
matters as literature, science, art and social service [Article 80(1) (a) and
(3)].

(2) (b) The allocation of seats in the Council of States to be filled by representatives
of States and Union Territories is fixed by the Fourth Schedule of the
Constitution (reproduced as Annexure I-A).

(3) (a) The total number of members of Legislative Council of a State shall not
exceed one-third of the total number of members in the Legislative Assembly
of that State. But such total number of members of State Legislative Council
shall in no case be less than 40 [Article 171 (1)]. (The State of J & K also has
Legislative Council. But the elections are conducted in terms of J & K RP Act.
1957)

(3) (b) The members of the Legislative Council of a State are elected as provided in
Article 171(3) of the Constitution. As nearly as may be, (i) one-third of its
members are elected from Local Authorities' Constituencies, (ii) one-twelfth
each from Graduates’ and Teachers’ Constituencies, (iii) one-third by
members of the Legislative Assembly of the State from amongst persons who
are not members of the Assembly, and (iv) the remainder is filled by
nomination by Governor of persons having special knowledge or practical
experience in respect of such matters as literature, science, art, co-operative
movement and social service.

(3) (c) The allocation of seats in the State Legislative Councils to be filled by
elections from Local Authorities’ Constituencies, Graduates’ Constituencies
and Teachers Constituencies, by election by members of the State Legislative
Assembly, and by nomination by Governor are fixed by the Third Schedule of
the Representation of the People Act, 1950 (reproduced as Annexure I-B). The
fourth schedule to the said act (Annexure I-C hereto) specifies the Local
Authorities in each State whose members constitute the electorates for the
Local Authorities' Constituencies in that State.

(4) The elections to theCouncil of States and the Legislative Council of a State are
held in accordance with the system of proportional representation by means
of the single transferable vote [Articles 80(4) and 171(4)].

(5) A member elected to the Council of States or theState Legislative Council at a

biennial election holds office for a period of six years. A member chosen to fill
a casual vacancy will serve for the remainder of his predecessor's term of
office (Sections 154 to 157 of the Representation of the People Act, 1951).

(6) The Delimitation of Council Constituencies Orders issued by the President

after consulting the Election Commission determine in respect of each State
having a Legislative Council, the division of Council Constituencies, the extent
thereof and the number of seats allotted to each such Constituency (Sections

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 11 and 12 of the Representation of the People Act, 1950). [These orders are
reproduced in the Manual of Election Law].
(7) There is no provision of reservation of seats for members of Scheduled Castes
or Scheduled Tribes in the Council of States or the Legislative Councils.

(8) Symbols are not allotted to any candidate.

(9) The provisions relating to the lodging of accounts of election expenses by

contesting candidates do not apply to elections to the Council of States or the
Legislative Council (Section 76 of the Representation of the People Act,
1951).

(10) The method of voting adopted at these elections is by marking on the ballot
papers, the figures 1, 2, 3, etc. in the international form of theIndian numerals
or in the Roman form or in the form used in any Indian language. Such
preferences are not to be indicated in words (Rule 37-A under Rule 70 of the
Conduct of Elections Rules, 1961).

(11) The provisions relating to marking of the elector’s(word ‘elector’ used in Rule
49K, the Conduct of Election Rules, 1961) left forefinger with indelible ink do
not apply to elections to the Council of States and to the State Legislative
Councils by members of the State Legislative Assembly and from Local
Authorities' Constituencies.

(12) Before any ballot paper is delivered to an elector at an election by Members of

Legislative Assembly or in a Local Authorities' Constituency, the serial
number of the ballot paper should be effectively concealed in the manner
directed by the Commission [Rule 38A(5) under Rule 70 of the Conduct of
Elections Rules, 1961].

(13) The minimum period of eight hours poll as fixed under section 56 of the
Representation of the People Act, 1951 for elections in Parliamentary and
Assembly Constituencies is not applicable to these elections. However,
Commission normally fixes the time for poll from 9 AM to 4 PM for elections to
the Council of States / State Legislative Councils by MLAs; and 8 AM to 4 PM for
elections to the State Legislative Councils from Graduates’, Teachers’ and Local
Authorities’ Constituencies.

5. The provisions of Model Code of Conduct are applicable in the elections to the State
Legislative Councils from Graduates’, Teachers’ and Local Authorities’ Constituencies in
terms of the instructions contained in Commission’s letter no. 322/LC/INST/2010-
CC&BE dated 24th February, 2010 and 23rd March, 2010. Various other instructions also
issued vide this letter. (Reproduced at Annexure I-D).

6. The above special features are explained and dealt with in greater detail in the
following chapters.

Note: the portion of the Model Code of Conduct issued vide 322/LC/INST/2010-CC&BE dated
24th February, 2010, has been modified and has been reproduced in Chapter ‘X’ in para 5.6.

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 CHAPTER II

CONSTITUENCIES, ELECTORAL
ROLLS AND POLLING
STATIONS
I. CONSTITUENCIES

Elections by Members of Legislative Assembly.

1.1 There are no territorial Constituencies for elections to the Council of States as
these are held by the elected members of the Legislative Assemblies of the States.
As mentioned in the preceding chapter, elections of, as nearly as may be, one-
third members of a State Legislative Council are also held by members (both
elected and nominated) of the State Legislative Assembly.

1.2 For the sake of brevity, both these elections have been referred to in the
Conduct of Elections Rules, 1961 [see Rule 2(1) (c)] and in this Handbook as
Elections by Members of Legislative Assembly.

Elections from Council Constituencies

2. Elections to the State Legislative Councils may be divided into two broad
categories, namely, (1) elections by Members of Legislative Assembly, referred to in the
preceding paragraph, and (2) elections fromCouncil Constituencies. Elections from
Council Constituencies further consist of three types, viz., (1) elections from Local
Authorities' Constituencies, (2) elections from Graduates’ Constituencies, and (3)
elections from Teachers’ Constituencies.

Delimitation of Council Constituencies

3.1 The Council Constituencies of the three types mentioned above are territorial
constituencies delimited by the orders made by the President, after consulting the
Election Commission, under Section 11 of the Representation of the People Act, 1950.
These orders determine the extent of each Council Constituency and the number of seats
allotted to each such Constituency.

3.2 The Delimitation of Council Constituencies Orders as in force at present are

reproduced in Part II of the Manual of Election Law. If you are the Returning Officer for a
Council Constituency, please study the Delimitation Order relating to your State
carefully and ascertain correctly the exact territorial extent of your constituency and the
number of seats allotted to it. In several cases, Council Constituencies extend over more
than one administrative district. Your constituency may be one such constituency and
you may have to coordinate with the election authorities of the other districts for the
conduct of election in your constituency.

II. ELECTORAL ROLLS

Electoral rolls for Elections by Members of Legislative Assembly

4.1 For an Election by Members of Legislative Assembly, the Returning Officer is

required under Section 152 of the Representation of the People Act, 1951 to maintain in

8
his office a list of members of the State Legislative Assembly in such form as the Election
Commission may direct under rule 96 of the Conduct of Elections Rules, 1961.

4.2 The direction issued by the Commission under the said rule for the
maintenance of the list of Members of Legislative Assembly is reproduced in Annexure II-
A. You should always keep that list corrected up-to-date in the prescribed form. It may
again be mentioned here that the said list for election to the Council of States shall
consist only of the elected members of the State LegislativeAssembly, whereas for
election to the State Legislative Councils, the name of nominated member, if any, will
also be included in that list.

4.3 Such list of members of State Assembly has been referred to in the Conduct of
Elections Rules, 1961 [see Rule 2(l)(c)] and in this Handbook as the electoral roll for
election by Members of Legislative Assembly.

5. Electoral Rolls for Council Constituencies

ECI letter No. 37/LC/2013-ERS, dated 27th May, 2013, addressed to the Chief
Electoral Officers of Andhra Pradesh, Bihar, Karnataka, Maharashtra and Uttar Pradesh.

Traditionally, electoral rolls of Legislative Council constituencies are being

prepared de-novo immediately before every election. This requires all electors for
Graduates and Teachers’ Constituencies to apply afresh along with authenticated copy of
relevant document, for enrolment in the electoral rolls before every election. There have
been complaints that the electors are put to a lot of inconvenience and that many of
them are not able to get their names enrolled as they find it difficult to apply with
document before every election.
In this connection, a writ petition [WP (C) No. 6084 of 2007-Sh.
PrafulJagannathHurne vs. Election Commission of India & Others] was filed before
Bombay High Court ( Aurangabad Bench). The High Court, by its Order dated
20.12.2007, held that the relevant Act and Rules do not confer jurisdiction or power on
the Election Commission to order for preparation of electoral rolls afresh every time, an
election is held to Graduates’/Teachers’ constituencies. The Court directed the
Commission not to ask for document from the electors, already enrolled in the electoral
rolls of Graduates’/Teachers’ constituencies. The Commission filed an SLP in the
Supreme Court, however, the Supreme Court declined to grant against the Bombay High
Court’s impugned Order. The SLP is still pending before the Supreme Court. The
Commission, therefore, issued guidelines for compliance of the orders of the Bombay
High Court.
Similarly, several other High Courts have also given directions on various issues
relating to electoral rolls of council constituencies.
Keeping in view the directions of courts of law, the Commission appointed a
Committee of Chief Electoral Officers of Andhra Pradesh, Bihar, Karnataka, Maharashtra
and Uttar Pradesh, the states having Legislative Councils, to suggest a comprehensive
policy on preparation and maintenance of electoral rolls of Legislative Councils. The
Committee deliberated on the subject and submitted its recommendations to the
Commission on 22.08.2012. Accordingly, the Commission issued instructions on
28.09.2012 for the State of Andhra Pradesh, where elections to certain Graduates’ and
Teachers’ constituencies were held in 2012.
After experience in Andhra Pradesh, draft comprehensive instructions on
electoral rolls of council constituencies were prepared and circulated among the Chief
Electoral Officers of the above five States for their comments. A video-conference was
also held on 26th February, 2013 with these Chief Electoral Officers in which the matter
9
was further discussed in detail and inputs given by them were compiled before the
Commission.
The Commission taking all the factors into consideration has approved the
comprehensive instructions on the subject, which are being issued as under:-
5.1 LEGAL PROVISIONS-
As per clause (3) of Article 171 of the Constitution of India, the composition of the
Legislative Council of a state will be as under:-
a) As nearly as may be, one-third of the total members shall be elected by
electorates consisting of members of municipalities, district boards and such
other local authorities in the state as Parliament may, by law, specify;
b) As nearly as may be, one-twelfth of total members shall be elected by electorates
consisting of persons residing in the state who have been for at least three years
graduates of any university in the territory of India or have been for at least three
years in possession of qualifications prescribed by or under any law made by
Parliament as equivalent to that of a graduate of any such university;
c) As nearly as may be, one-twelfth of the total members shall be elected by
electorates consisting of persons who have been for at last three years engaged in
teaching in such educational institutions within the State, not lower in standard
than that of a secondary school, as may be prescribed by or under any law made
by parliament;
d) As nearly as may be, one-third of the total members shall be elected by the
members of the Legislative Assembly of the State from amongst persons who are
not members of the Assembly;
e) The remainder of the total members shall be nominated by the Governor and
shall consist of persons having special knowledge or practical experience in
respect of such matters as the following –Literature, Science, Art, Co-operative
Movement and Social Service.
It is clear from the above, that there are three types of constituencies of
Legislative Councils for which electoral rolls are prepared. These are :-
I. Local Authorities’ Constituency
II. Graduates’ Constituency
III. Teachers’ Constituency
The relevant legal provisions for electoral rolls for Legislative Council are
provided in Section 27 of Representation of the People Act, 1950 and Rules 30
and 31 of Registration of Electoral Rules, 1960.

5.2 Local Authorities’ Constituencies –

According to Section 27 (2) (a) of Representation of the People Act, 1950 the
electorate shall consist of members of such local authorities exercising
jurisdiction in any place or area within the limits of thatConstituency as are
specified in relation to that State in the Fourth schedule of the said Act.
5.2.1 Clause (b) of Section 27 (2) provides that every member of each such local
authority within a Local Authorities’ constituency shall be entitled to be
registered in the electoral roll.
5.2.2 Clause (d) of Section 27(2) provides that in order to enable the electoral
registration officer to maintain the electoral roll corrected up-to-date, the chief
executive officer of every local authority (by whatever designation such officer
may be known) shall immediately inform the electoral registration officer about
every change in the membership of that local authority and the electoral
registration officer shall, on receipt of the information, strike off from the
electoral roll the names of persons who have ceased to be, and include therein
the names of persons who have become, members of that Local authority.

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 5.2.3 Clause (e) of Section 27 (2) provide that the provisions of sections 15, 16,
18, 22 and 23 of Representation of the People Act, 1950 shall apply in relation to
Local Authorities constituency as they apply in relation to assembly
constituencies.
5.2.4 Rule 30 (1) of Registration of Electors Rules, 1960 Provides that the roll
for every Local Authorities constituency shall be prepared and maintained in
such form, manner and language as the Election Commission may direct.
5.2.5 Rule 26 [except sub-rules (3) and (4)] and Rule 27 of Registration of
Electors Rules, 1960 shall apply in relation to Local Authorities constituency as
they apply in relation to assembly constituencies provided that an application for
inclusion of name in the roll of local authorities constituency shall be made in
Form-17.

5.3 Graduates’ Constituencies-

According to Section 27 (5) (a) of Representation of People Act, 1950, a person
must fulfill the following conditions for being entitled to be registered in electoral roll of
a Graduates’ Constituency-
5.3.1 Should be ordinarily resident in the Graduates Constituency.
5.3.2 Should have, for at least three years before the qualifying date, been either a
graduate of a University the territory of India or in possession of any of the qualification
specified under clause (a) of sub-section (3) of section 27 of Representation of the
People Act, 1950, by the State Government concerned as qualifications which shall be
deemed to be equivalent to that of a graduate of a University in the territory of India.
5.3.3 Section 27 (6) of Representation of the People Act, 1950 stipulates that the
qualifying date shall be the 1st day of November of the year in which the preparation or
revision of the electoral rolls is commenced.
5.3.4 The provisions of Sections 15, 16, 18, 21, 22 and 23 of Representation of the
People Act, 1950 shall apply in relation to Graduates constituency as they apply in
relation to assembly constituencies.
5.3.5 Rule 31 of Registration of Electors Rules, 1960 provides that the roll for every
Graduates’ constituency shall be prepared in such form, manner and language as the
Election Commission may direct.
5.3.6 The provisions of Rules 10 to 27 except clause (c) of sub-rule (1) and clause (c) of
sub-rule (2) of Rule 13 of Registration of Electors Rules, 1960 shall apply in relation to
Graduates constituency as they apply in relation to assembly constituencies. The claim
application for inclusion in the roll of a Graduates’ constituency shall be made in Form
18.

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5.4 Teachers’ Constituencies-
According to Section 27 (5) (b) of Representation of the People Act, 1950, a
person must fulfill the following conditions for being entitled to be registered
in electoral roll of a Teachers’ Constituency-
5.4.1 Should be ordinarily resident in the Teachers’ Constituency.
5.4.2 Within the six years Immediately before the qualifying date, for a total
period of at least three years, should have been engaged in teaching in any of the
educational institutions specified under clause (b) of sub-section (3) of Section
27 of Representation of the People Act, 1950 by the State Government concerned
as educational institutions within the State not lower in standard than that of a
secondary school.
5.4.3 Section 27 (6) of Representation of the people Act, 1950 stipulates that the
qualifying date shall be the 1st day of November of the year in which the
preparation or revision of the electoral roll is commenced.
5.4.4 The provisions of Section 15, 16, 18, 21, 22, and 23 of Representation of
the People Act, 1950 shall apply in relation to Teachers’ constituency as they
apply in relation to assembly constituencies.
5.4.5 Rule 31 of Registration of Electors Rules, 1960 provides that the roll for
every Teachers’ constituency shall be prepared in such form, manner and
language as the Election Commission may direct.
5.4.6 The provisions of Rules 10 to 27 except clause (c) of sub-rule (1) and
clause (c) of sub-rule (2) of Rule 13 of Registration of Electors Rules, 1960 shall
apply in relation to Teachers’ constituency as they apply in relation to assembly
constituencies. The claim application for inclusion in the roll of the Teachers’
constituency shall be made in Form 19.

6 PROCRDURE FOR ENROLMENT-

6.1 For Local Authorities’ Constituencies –
6.1.1 In the case of Local Authorities’ Constituencies, there is no qualifying date.
6.1.2 Electoral Rolls of Local Authorities ‘Constituencies are not revised. But
they are kept to date by correction being made by Electoral Registration Officer
concerned on the basic of the changes which are brought to their notice by the
Executive Officers of the Local Authorities concerned. All ex-officio and
nominated members, if any, of the Local Authorities are entitled to be included in
the Electoral Rolls along with elected Members. In the Case of members of one
Local Authority some of whom are ex-officio members of other Local Authorities;
their names should appear only once where they are members. However, the
facility of being enrolled in electoral rolls and voting in elections extended to the
ex-officio and nominated members is subject to the conditions provided in the
state laws pertaining to the said Local Authorities in the concerned state.
6.1.3 According to Rule 30 of Registration of electors Rules 1960, a person can
apply for enrolment in a Local Authorities’ Constituency in form 17. When such
an application is received by the Electoral Registration Officer, he shall refer the
application to the Chief Executive Officer of the Local Authority concerned and on
receipt of information in relation thereto from the Chief Executive Officer, the
Electoral Registration Officer shall act in accordance with clause [d] of sub-
section [2] of Section 27 of Representation of the People Act, 1950.
6.1.4 Before every election from a Local Authorities’ Constituency, the electoral
rolls shall be published by the Electoral Registration Officer in his Office and also
in the offices of the Local Authorities comprised in the said Local Authorities’
constituency, immediately inviting claims and objections by giving a minimum of
seven days for the purpose. Any claims ( in form 17) and objections received
12
 within the time fixed shall be disposed of by the Electoral Registration Officer
within a period of three days and the roll shall be again published after
incorporating claims and objections accepted within three days thereafter and in
any case before the last date for filing of nominations for election. The provisions
of Section 23(3) of Representation of the People Act, 1950 will also apply in this
case, i.e. no addition/deletion/amendment shall be made in the electoral roll after
3.00 P.M. on the last date for filing of nominations for election.
6.2 For Graduates and Teachers’ Constituency-
6.2.1 As mentioned in the preceding paragraphs, the qualifying date for being
enrolled in these constituencies is 1st day of November of the year in which the
preparation or revision of the electoral rolls is commenced.
6.2.2 According to Rule 31 of Registration of Electors Rules, 1960 the Electoral
Registration Officer shall issue a public notice on or before 1 st October calling
upon every person entitled to be registered in that roll to send to or deliver at his
office before the 7th day of November next following an application in form 18 or
Form 19, as the case may be, for inclusion of name.
6.2.3 The said notice shall be published in two newspaper having circulation in
the constituency and republished in them once on or about 15 th October and
again on or about 25th October.
7. REVISION OF ELECTORAL ROLLS OF GRADUATES’ AND TEACHERS’
CONSTITUENCIES-
According to sub-section (4) of Section 27 Representation of the People
Act, 1950, the provisions of Sections 15,16,18,21,22 and 23 shall apply in relation
to Graduates’ and Teachers’ constituencies as they apply in relation to assembly
constituencies. According to sub-section(2) of section 21 of Representation of the
People Act, 1950, the electoral rolls shall, unless otherwise directed by the Election
Commission for reasons to be recorded in writing, be revised in the prescribed
manner with reference to the qualifying date before every general election or
before every bye-election to fill a casual vacancy and in any year, if such revision
has been directed by the Election Commission, provide that if the electoral rolls are
not revised as aforesaid the validity or continued operation of the said electoral
rolls shall not thereby the affected. It is clear from this provision of law that
electoral rolls of Graduates and Teachers’ constituencies are of permanent nature.
They do not have to be prepared de-novo before every election. They only need to
be revised with reference to the qualifying date, which is 1 st day of November of
the year in which the preparation or revision of rolls is commenced. The revision
should be done in the year in which the election is due from the constituency and in
the year previous to that year. Accordingly, Chief Electoral Officer should prepare
schedule for revision of electoral rolls of Graduates’ and Teachers’ constituencies
well before the date of publication of notice for enrolment on 1 st October of the
year in which the election is due from the constituency and also in the year
previous to that year, and send it for approval of the Commission.
7A. SPECIAL GUIDELINES FOR REVISION OF ELECTORAL ROLLS-
a. Local Authorities’ Constituencies
1. In order to enable the Electoral Registration Officer to maintain electoral rolls
corrected up-to-date, the Chief Executive Officer of every local authority (by
whatever designation such officer may be known) shall inform the Electoral
Registration Officer each change in the membership of that local authority
immediately after its occurrence. The Electoral Registration Officer shall on
receipt of the information, strike off from the electoral rolls the names of
persons who have ceased to be, and include therein the names of persons who
have become, members of that local authority.
2. When an application for inclusion [Form 17], deletion, or correction of entries is
received by the electoral Registration Officer of the local authority concerned
13
 and on receipt of information relating thereto from the Chief Executive Officer of
the said local authority, Electoral Registration Officer shall take further
necessary action for inclusion / deletion / correction of entries. Every
subsequent correction in the rolls, whether by way of addition / deletion /
modification shall be authenticated by full signature of the Electoral Registration
Officer.
3. Electoral Registration Officer should obtain, once in a quarter by the 15the
January, 15the April, 15th July and 15th October, from the Chief Executive
Officer of the Local authorities, in his jurisdiction, a certificate to the effect that
all corrections have been duly intimated by them. The format of the certificate is
given at Annexure -IIB.

b. Graduates’ Constituencies-
1. Before revision of electoral rolls in the year in which the election is due from the
constituency and in the year previous to that year, the Chief Electoral Officer
should obtain a copy of all Notifications issued by the State Government under
Section 27 (2) (3) (a) of Representations of the People Act, 1950 specifying the
qualifications which shall be deemed to be equivalent to that of a graduate of a
University in the territory of India. The Chief Electoral Officer should then
prepare an updated list of such specified qualifications and send a copy of the
list to every Electoral Registration Officer. Wide publicity should be given to the
list of specified qualifications for information of the public.
2. When a person applies (in Form 18) for the first time for enrolment in Graduates’
Constituency, in addition to verification of the ordinary resident status of the
applicant, it is necessary to verify that the applicant is in possession of the
required educational qualifications for at least three years prior to the
qualifying date. The three year period for which a person should be a graduate
before registration will count from the date on which the result of the qualifying
degree examination was declared and published by the university or an
authority concerned and not from the date of convocation. The applicant
should submit documentary proof of having such an educational qualification to
the satisfaction of the Electoral Registration Officer or the Assistant Electoral
Registration Officer concerned. The Electoral Registration Officer or the
Assistant Electoral Registration Officer concerned should make such
verification of the documentary proof as he considers necessary. A Copy of
degree or mark-sheet of the required educational qualification attested by a
Gazetted Officer should normally be considered adequate documentary proof of
possessing that educational qualification.
3. The eligible persons should apply for enrolment of their names in the prescribed
Form 18 along with any of the documents listed below-
a) The degree/diploma certificate, in original, issued by the University of
Institution concerned or a copy thereof duly authenticated by the Designated
Officer/Additional Designated Officer/ Gazetted Officer of the District
concerned/Booth Level Officer of the polling station area is assembly
constituency concerned, after due verification of the same with the original
constituency degree/diploma certificate; or
b) A copy of an entry in the Government record or a certificate issued to a
Graduate employee by the Gazetted Head of officer/Institutes on the basis of
entries in Government records in his custody or a copy of an entry in the record
of Statutory Bodies, Corporations or Public undertakings specifying the degree,
diploma or certificate possessed by the claimant, duly attested by the head of
the office concerned; or
c) An attested copy of the card of registration as Registered Graduate issued
by the University, a certified copy of the relevant entry in the list of Registered
Graduates’ the Roll of Advocates, the Register of Medical Practitioners, the
Register of Chartered Accountants, the Register of Engineers maintained by
Institute of Engineers, etc; or

14
 d) An affidavit by the claimant, supported by certificate from the Registrar
of a University, or the Principal of a College affiliated to University or form the
Head of the Department of such College under whom he had studied; or
e) The mark sheet, in original, issued by the University or Institution
concerned or a copy thereof, duly authenticated by the Additional Designated
Officer/Gazette Officer of the District concerned/Booth Level Officer of the
polling station area in assembly constituency concerned, agree due verification
of the same with the original mark-sheet, provided that there is a clear
indication that the claimant has passed the relevant examination.
4. The applications can also be sent by post to the Electoral Registration Officer/
Assistant Electoral Registration Officer / Designated Officer, enclosing a copy of
applicants’ degree/ diploma certificate/mark sheet or other requisite document
duly authenticated by the Designated Officer Additional Designated Officer/
Gazetted Officer of the district concerned / Booth Level Officer of the polling station
area in assembly constituency concerned, after due verification of the same with the
original degree/diploma certificate/mark-sheet, other requisite document.
5. In case the applicant submits his application in person before the Assistant
Electoral Registration Officer or Designated Officer, duly appointed for the purpose,
he will produce the original degree/diploma certificate/ mark sheet before them.
The Officer will scrutinize the degree/diploma certificate/mark sheet or requisite
document submitted with the application and after satisfying himself and record
either “Verified with original and found correct” or “Verified with original and found
not correct- Rejected”. He will then-affix his signature, full name and PIN number (in
case of Designated Officer) on the application as mark of a summary enquiry and
forward the application to the Electoral Registration Officer.
6. Any application where the above procedure is not followed will summarily be
rejected by the Electoral Registration Officer as incomplete.
7. It is obvious that once a person has been enrolled in a graduates’ constituency on
the basis of being a graduate of University in the territory of India or in possession
of any of the qualification specified under clause (a) of sub-section (3) of section 27
of Representation of the People Act, 1950, by the State Government concerned for at
least three years before the qualifying date, such an elector will never cease to have
such a qualification. It is therefore not required to re-verify the educational
qualifications of a person who is already enrolled in a graduates’ constituency unless
an objection has been made to his continued enrolment in that constituency on the
basis of wrong enrolment in the first place. Documentary proof of educational
qualification should therefore not be asked from an elector already enrolled in
graduates’ constituency unless his enrolment has been challenged on the basis of
not having such an educational qualification by an objector or the Electoral
Registration Officer or Assistant Electoral Registration Officer has started a case of
suo-moto deletion based on information that the elector does not have the required
educational qualification.
8. Section 20(4) of the RP Act, 1950 does not apply for this purpose of electoral
rolls for Graduates’ constituency. Therefore, the facility of enrolment of declared
office holders in native place by the declaration in Form I is not available in the case
of Graduates’ constituency. They can get their name enrolled in the place where they
are ordinarily resident for the time being.
9. Applications in bulk whether submitted in person or by post; shall not be
considered for inclusion by the Electoral Registration Officer. However, the Head of
the Institutions may forward the applications of all his eligible staff together.
Similarly, a person may also submit Form 18 in respect other eligible members of his
family, residing at the same address and may get the certificate verified by
producing original certificate in respect of each member. Any bulk applications
submitted by political parties, Booth Level Agents or Resident Welfare Associations
shall not be considered.

c. Teachers’ Constituencies-

15
1. Before revision of electoral rolls in the year in which the election is due from the
constituency and in the year previous to that year, the Chief Electoral Officer should
obtain a copy of all Notifications issued by the State Government under Section 27
(2) (3) (b) of Representations of the people Act, 1950, to specify the educational
institutions within the state not lower in standard than that of a secondary school.
The Chief Electoral Officer should then prepare an updated list of such specified
educational institutions and send a copy of the list to every Electoral Registration
Officer. Wide publicity should be given to the list of specified educational
institutions for information of the Public.
2. Enrolment in Teachers’ constituency requires that the elector should have,
within the six years immediately before the qualifying date for a total period of at
least three years, been engaged in teaching in any of the specified educational
institutions. Since this status can change every year, it is necessary to verify the
status of this qualification for every elector enrolled in teachers’ constituency not
only at the time of first time enrolment but at the time of each revision as well. If at
the time of revision on verification, it is found that an elector is no longer qualified to
be enrolled based on this qualification, his name should be deleted from the
electoral rolls of Teachers’ constituency.
3. The engagement of a person in teaching in the specified educational institutions
for at least three years within the preceding six years may be either in one
continuous spell or in broken spells and further, may be either in one institutions or
more institutions, but all such institutions must be specified by the State
Government. Therefore, it is immaterial whether a person, who has been so
engaged in teaching for a total period of three years in one or more specified
educational institutions, has been employed in those institutions as teacher on
regular basis or on ad-hoc basis but he should be whole time teacher (even if there is
no sanctioned post) and not engaged on a part-time basis as the condition for three
years engagement in teaching cannot be fulfilled by a part-time teacher. Part-time
teachers are not eligible for enrolment in the electoral rolls of Teachers’
constituency.
4. Every person applying for enrolment (in Form- 19) in Teachers’ constituency
must submit documentary proof of having been engaged in teaching in any of the
specified educational institutions for a total period of at least three years within six
years immediately before the qualifying date. Electoral Registration Officer/
Assistant Electoral Registration Officer concerned should make such verification of
the documentary proof as he considers necessary. A certificate by the Head of the
teaching institution should normally be considered adequate documentary proof of
possessing that teaching qualification. If any person, who has applied for inclusion of
his name in a teachers’ constituency, has been engaged in teaching in more than one
specified educational institutions in the last six years, the certificate from the Head
of institution of each of such educational institution will be required for the period
for which he was engaged in teaching in that educational institution. The certificate
from the Head of the Institution shall be in the Format at Annexure-IIC.
5. Electoral Registration Officer should maintain a history table of teaching in a
specified educational institution for each elector enrolled in the Teachers’
Constituency in the format at Annexure-IID, Data in the history table should be
updated at the time of revision in the year in which the election is due from the
Constituency and in the year previous to that year. If Electoral Registration
Officer/Assistant Electoral Registration Officer finds that an elector enrolled in the
Teacher’ Constituency has not been engaged in the teaching for a total period of at
least three years within six years immediately before the qualifying date, he should
take immediate action for deletion of the name of such elector from the electoral
rolls. Electoral Registration Officer/Assistant Electoral Registration Officer can
obtain the information for keeping this history table updated either directly from
electors or from the head of the concerned educational institutions. Before deletion
of name of a person from electoral rolls a notice has to be served on him giving a
opportunity to prove that he is still qualified to remain enrolled in the concerned
Teachers’ constituency.
16
 6. As soon as Electoral Registration Officer receives list of specified educational
institutions obtained by the Chief Electoral Officer form State Government he should
collect information about all persons who are eligible for enrolment in Teachers’
constituency; from heads of specified educational institutions, to check whether all
such eligible persons are enrolled in the electoral rolls or not. If the Electoral
Registration Officer finds that an eligible person is left out, he should send a blank
From 19 to he concerned person with a request to fill the application from and send
it to Electoral Registration officer through the head of the institution, in which the
applicant has been working.
7. Section 20(4) of the RP Act, 1950 does not apply for this purpose of electoral
rolls for Teachers’ constituency. Therefore, the facility of enrolment of declared
office holders in native place by the declaration in Form I is not available in the case
of Teachers’ constituency. They can get their name enrolled in the place where they
are ordinarily resident fort the time being.
8. In case a person who is resident in a particular place at the time of filling the
application, later on shifts to some other place outside the constituency, he loses his
residential qualification and his application is liable to be rejected by Electoral
Registration officer. But if a person moves to another place within the same
constituency and the new place of residence is also known to the Electoral
Registration Officer, he can include the name of the applicant at that new address
which is different from the address mentioned in the claim form.
9. It is not necessary that the educational institution in which an eligible elector is
employed should also fall within the same Teachers’ constituency. The eligibility to
be enrolled in a particular Teachers’ constituency should be determine on the basis
of the applicants, place of ordinary residence and not on the basis of his place of
work.
10.Applications in bulk whether submitted in person or by post, shall not be
considered for inclusion by the Electoral Registration Officer,. However, the Head of
the Institutions may forward the applications of all his eligible staff together.
Similarly, a person may also submit Form 19 in respect other eligible members of his
family, residing at the same address and may get the certificate verified by
producing original certificates in respect of each member. Any bulk applications
submitted by political parties, Booth Level Agents or Resident Welfare Associations
shall not be considered.
7B. SPECIAL GUIDELINES FOR COLLECTING EPIC NUMBERS-

The existing electoral roll, after integrating all the supplements with the
mother roll, shall be published as draft roll on 1st October and a notice for revision
shall be issued by Electoral Registration Officer. After disposal of claims and
objections, supplementary shall be prepared including all inclusions, deletions and
modifications and the electoral rolls shall be finally published. In addition to the
above instructions, all instructions of the Commission issued on preparation of
electoral rolls of assembly constituencies shall apply to the electoral rolls of
graduates’ and teachers’ constituencies as well. The Commission has decided to
prepare photo electoral rolls for Graduates’ and Teachers’ Constituencies.
Accordingly, Chief Electoral officers shall issue instructions to collect photographs of
all electors enrolled in Graduates’ and Teachers’ constituencies. For this purpose,
EPIC numbers of the electors should be collected through Booth Level Officers.
Since EPIC coverage in assembly constituencies is very high, it should not be difficult
to collect EPIC number of almost all persons enrolled in Graduates’ and Teachers’
constituencies. After collecting this information, entries in electoral rolls of
graduates’ and Teachers’ constituencies should be linked with the entries in
electoral rolls of assembly constituencies and their photographs can then be
extracted from electoral rolls of assembly constituencies and merged with electoral
rolls of Graduates’ and Teachers’ constituencies to prepare photo electoral rolls for
council constituencies. There is no need to issue a separate EPIC for electors
enrolled in Graduates’ and Teachers’ constituencies, but EPIC numbers already

17
 assigned to them in assembly constituencies should be entered in electoral rolls of
Graduates’ and Teachers’ constituencies.

7C. APPLICABILITY OF SECTIONS 17 AND 18 OF THE REPRESENTATION OF

THE PEOPLE ACT, 1950 IN ENROLMENT IN COUNCIL CONSTITUENCIES-
The provisions of Section 17 and 18 will apply in respect of enrolment in council
constituencies also. A person cannot be registered as voter more than once in any
Constituency or in more than one constituency of the same category. But a person
can, if duly qualified, be registered as a voter in Constituencies of different
categories, namely, Graduates’, Teachers and Local Authorities. For example a
graduate teacher with the requisite qualification will be entitled to be registered
both in the graduates’ constituency as well as in the Teachers constituency.
However, in the case of members of one Local Authority. Some of whom may be ex-
officio members of other local authorities; their ‘names should appear only once
where they are members.
7D. FORMAT OF ELECTORAL ROLLS OF COUNCIL CONSTITUENCIES-
1. According to Rules 30(1) and 31 (1) of the Registration of electors Rules,
1960 the electoral rolls of Local authorities’,
Graduates’ and Teachers’ constituencies shall be prepared and maintained in such
form, manner and language as the Election Commission may direct.
2. Format of the roll:- As mentioned earlier, the Commission has decided
to prepare photo electoral rolls for Local Authorities’, Graduates, and Teachers’
Constituencies. The electoral rolls for Local authorities’, Graduates’ and Teachers’
Constituencies shall be maintained electoral part wise, one electoral part will have
800 to 1400 electors. Ordinarily, each electoral part will have one polling station.
The part will be further divided into sections. Each section will ordinarily have 70 to
100 electors. The rolls of Local Authorities’ constituencies should be prepared in
different pages depending upon different types of Local Authorities in the State
whose members take part in the elections to Legislative Council. The name in each
page should be arranged in alphabetical order. The Local Authorities in each page
should be given serial number in one continuous series for the entire section. This
number should be entered along with the name of the Local Authority at the top of
the page relating to that Local Authority. The electoral rolls of Local Authorities’
Graduates’ and Teachers’ Constituencies.Shall be printed in the formats given at
Annexure IIE, IIF, and IIG, respectively.
3. It may be seen that in the formats of rolls, fields such as serial no. of elector,
name of relation, date of birth, photo, EPIC number, no. and name of part, no. and
name of assembly constituencies and name of state have been provided. For
collecting information for these additional fields, amendments in Forms 17, 18 and
19 would be required and for this purpose, the proposal would be sent to the
Ministry of law and Justice.

4. Language of the roll:-

The electoral rolls of council constituencies shall be printed in the
following languages:-
a) Andhra Pradesh and Telangana-Telugu and English
b) Bihar and Uttar Pradesh-Hindi and English
c) Karnataka- Kannada and English; and
d) Maharashtra- Marathi and English
To sort out technical problems in converting the names in various languages,
Unicode font should be used for electoral date base.
7E. ELECTORAL MACHINERY FOR PREPARATION AND REVISION OF
ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES-
1 Electoral Registration Officers – There shall be one separate Electoral
Registration Officer for each Local Authorities’ Graduates’ and Teachers’
constituency. Electoral Registration officers shall be officers of the State
18
Government not below an Additional District Magistrate in rank. Normally, the
Divisional Commissioners/ Deputy Commissioners are appointed as such Electoral
Registration Officers.
2 Assistant Electoral Registration Officers- There shall be as many
Assistant Electoral Registration Officers for each Graduates’ and Teachers’
constituency as may be required. Electoral Registration Officers and Assistant
Electoral Registration Officers of all the assembly constituencies falling within the
concerned Graduates’/ Teachers’ constituency shall be designated as the Assistant
Electoral Registration Officers for said Council Constituency. There shall be at least
one Assistant Electoral Registration Officer at Tahsil/Taluka level. The Assistant
Electoral Registration officer shall be an officer of the State Government not below
a Tahsildar in rank. Generally, Assistant Electoral Registration officers are not
appointed in any of the Local Authorities’ constituencies.
3 Designated Officers- Electoral Registration officers shall appoint one
Designated officer for each polling station of Graduates’ and Teachers’ constituency
during the period of receiving claims and objections. Designated officers shall be
available at polling stations during working hours on all working days to receiving
claims and objections. Electoral Registration officers can also appoint Designated
officers for verifying the applications received by them and also for authentication
of the documents to be submitted by the applicants. Designated officers will be of
the rank of a Deputy Collector/ Sub Division Officer/ Revenue officer/ Block
Development officer within the limits of the Constituency. The Designated officer
will be assigned a PIN No. and this will be mentioned by him in all correspondence
with the Electoral Registration officer as well as on the copies of the applications
where verification has been done by him. The names of the Designated officers
along with the offices where they will be located and the days on which they will be
present to received applications’ in person shall be notified by the Electoral
Registration Officers as part of the notice issued under rule 31(3) of the
Registration of Electors Rule,1960 in the first Schedule, to that notice. All
Designated officers shall, without fail, attend to the duties from the time of issue of
public notice under Rule 31(3) up to the last date of receipt of applications. The
Designated Officer will do supervisory checks with regard to status of ordinary
residence of an elector during the period of disposal of claims and objections.
Assistant Electoral Registration Officers and Electoral Registration officers will
make further supervisory check by conducting visits to offices of the Heads of
Institutions/ households of the applicants as the case may be. These supervisory
checks shall not be less than 12%, 8% and 4% respectively of the verifications
made by the respective field officers.
4 Additional Designated Officers:-Electoral Registration Officers can
appoint Additional Designated officers for the purpose of attesting the documents
of the electors. The officers of the following ranks can be appointed as the
additional Designated Officer:- (a) Tehsildars; (b) Principal of the Govt. Degree
Colleges/Inter Colleges; (c) principal of the Govt. Girls Degree Colleges / Girls Inter
Colleges; (d) joint Block Development Officers of all Blocks; and (e) Executive
Officers (Gazetted) of Nagar Palikas/ Nagar Panchayats. Post Masters of post offices
also can be appointed as Additional Designated Officers for the purpose of attesting
the documents of the electors of the district in which the post office is situated.
5 Booth Level Officers-Electoral Registration officers can use Booth level
Officers of polling areas in assembly constituencies for verification of entries of
Graduates’ and Teachers’ constituencies including the status of ordinary residence
of electors with regard to their respective areas. They can also be authorized to
attest the documents of the electors of Graduates’’ and Teachers’ constituencies
residing in the respective polling areas in assembly constituency.
19
7F. SPECIAL EFFORTS TO ENROLL ALL ELIGIBLE PERSONS-
Chief Electoral Officers must make all efforts including the following to
ensure that each and every eligible person is duly enrolled and no eligible
person is left out from enrolment:-
a) Adequate publicity should be given to the process of revision of electoral rolls
through print and electronic media in addition to the newspapers
advertisement which are mandatory under the rules.
b) Special counters for collection of Forms should be arranged at every tehsil,
block office, office of every District Election Officer, Electoral Registration
Officer and Assistant Electoral Registration officer.
c) Voter Registration Centers functioning for assembly constituencies should
also be use as Voter Registration Centers for council constituencies.
d) Facility for on-line filing of application forms should be provided on the
website of Chief Electoral Officers.
e) Arrangements should be made for distributing of blank application forms for
enrolment in Teachers’ constituencies to all specified educational institutions.
Heads of Such educational institutions should be asked to collect filled
application forms and send to the Electoral Registration Officers concerned.
7G. INSTRUCTIONS RELATED TO TRANSPARENCY-
The Commission has issued detailed instructions with respect to
transparency of revision process for assembly constituencies. These instructions
shall apply to Graduates; and Teachers’ constituencies as well. At the time of draft
publication and final publication of the electoral rolls, polling stations wise
electoral rolls of Graduates’ and Teachers’ constituencies shall be posted on the
Chief Electoral Officers’ website. These rolls shall not contain the images of
electors. One soft copy and one hard copy of the electoral roll shall be given to all
recognized political parties at the time of draft publication and final publication
of electoral rolls, however, such soft copy of the rolls should not contain the
images of electors. A polling station wise list of claims and objections with drill
down to individual application form without photograph shall also be put on the
website of the Chief Electoral Officer, with facility for status checking of the
application form. Further, facility for searching the name in the electoral roll
based on EPIC number and name of elector should be made available on the
website of the Chief Electoral Officer. In the case of Graduate constituencies,
scanned copies of the Degree/Diploma Certificates, submitted by the electors
along with applications may ne uploaded in the computerized data base.

20
 7H. ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES TO BE
COMPUTERIZED-
Electoral rolls for council constituencies shall be computerized. Detailed
instructions for computerization of these rolls are at Annexure-IIH. ERMA
software for Graduates’ and Teachers’ constituencies would be developed in the
Commission and made available to the Chief Electoral Officers as soon as it is
developed.

7I. DATABASE STRUCTURE OF ELECTORAL ROLLS FOR GRADUATES’ AND

TEACHERS’ CONSTITUENCIES-
The database of Graduates and Teachers’ constituencies shall be
maintained according to the structure prescribed in Annexure-II-I. The
Commission’s instructions on security of electoral database of assembly
constituencies will also apply to the electoral databases of Graduates’ and
Teachers’ constituencies.

7J. CONTINUOUS UPDATION-

The electoral rolls for Graduates’ and Teachers’ constituencies shall be
continuously updated under the provisions of Sections 22 and 23 of the
Representation of the People Act, 1950, however, the qualifying date for purpose
of such continuous updation shall continue to remain the same with reference to
which the rolls were last prepared/revised.

III. PLACE OF POLL & POLLING STATIONS

Place of Poll for Election by Members of Legislative Assembly

8.1 Under Section 29(1) of the Representation of the People Act, 1951, the
Returning Officer is required to fix, with the previous approval of the Election
Commission, the place at which the poll will be taken for election by Members of
Legislative Assembly and to notify the place so fixed in the manner directed by the
Commission.

8.2 A suitable hall or room in the precincts of the Legislative Assembly building is
normally fixed as such place of poll. The Commission obtains (through the Chief
Electoral Officer) the information with regard to the place of poll while considering the
programme for the election and conveys its approval in the matter along with its
approval of the election programme. While conveying such approval in respect of the
place of poll, the Commission also sends a draft notice to be issued by the Returning
Officer.

8.3 Accordingly, you should issue a notice in that formatand display it on the
notice board of the Legislative Assembly as per the direction of the Commission as soon
as may be after the notification calling for the election has been issued.
(N.B. The place of poll for election by Members of Legislative Assembly has been
referred to hereafter in this Handbook as polling station.)

Polling stations for Council Constituencies

9.1 Under Section 25 of the Representation of the People Act, 1951, it is the
responsibility of the District Election Officer to provide, with the previous approval of
the Election Commission, a sufficient number of polling stations for the Council
21
Constituency. Accordingly, the rest of this Chapter is addressed to the District Election
Officer.

9.2 Under the said Section 25, the District Election Officer is to provide polling
stations for the Constituency the whole or greater part of which lies within his
jurisdiction. Where a Constituency extends to two districts, the Chief Electoral Officer
shall decide as to in which district the greater part of the Constituency lies and the
District Election Officer of such district shall provide polling stations for the whole
Constituency including the areas falling in the other district. Where, however, a
Constituency extends over more than two districts of which neither the whole nor the
greater part of the Constituency lies within the jurisdiction of any one District Election
Officer, the District Election Officer of every district will provide polling stations for the
areas falling within the territorial jurisdiction of his district.

10. As mentioned above, the polling stations have to be provided with the
previous approval of the Commission. There is no provision for ex post facto approval
and any change in the approved list of polling stations without the prior approval of the
Commission to such changes would tantamount to non-compliance with the provisions
of Section 25 which may vitiate the election.

11. The draft list of polling stations must be forwarded to the Election
Commission for scrutiny and approval through the Chief Electoral Officer at leasttwo
weeks before the last date for withdrawal of candidatures.

12. The following guidelines should be kept in view while preparing the draft list.

List of Polling Stations for Graduates’ and Teachers’ Constituencies

13.1 For an area to be eligible for use as a polling station, there should be a
minimum of 30 electors (teachers and graduates taken together). It may be necessary to
set up a polling station even for a fewer number in a particular area, if these electors
have otherwise to travel long distances to reach the polling station. The polling stations
should be located, as far as possible, within easy reach of every elector. Ordinarily, the
distance to be travelled by a voter to reach his polling station should not exceed 16kms.

13.2 Separate polling stations shall be provided for elections from Graduates’ and
Teachers’ Constituencies even when held simultaneously. A common polling station
may, however, be provided, in exceptional cases if the number of electors is small or
considered convenient for the electors concerned as many electors may be common for
both the elections.

13.3 The assignment of electors to polling stations may be made group-wise or

individually, as may be considered convenient and practicable. It should, however, be
ensured that every elector is assigned to the polling station nearest to his place of
residence and no elector is left out from being allotted to any polling station.

13.4 As far as possible, polling stations should be located in Government

buildings or offices or schools. When this is impossible, these may be located in private
buildings. Such private buildings should be properly requisitioned and/or the consent of
the owner should be obtained in writing. The private building so requisitioned should be
at the disposal of the Returning Officer at least one day before the date of poll and till
such further period as may be considered necessary. The building, and the area around
it up to a radius of two hundred meters, should be under the control of the Presiding
22
Officer. No watch and ward or other personnel connected with the owner of the building,
whether armed or unarmed, should be allowed to remain either at the polling station or
within a radius of two hundred meters around it. The security arrangements at the
polling station and the area mentioned above will be the responsibility entirely of the
Central or State Security Forces under the control of the Presiding Officer. After
nominations are filed, it will be ensured that the owner is not a contesting candidate or a
known sympathizer or worker of any of the candidates at the election.

13.5 No polling station should be located in places of worship such as temples,

churches, mosques, gurudwaras, etc. or places having religious significance or in police
stations or in buildings which belong to any political party, prominent member of a
party, contesting candidates or their known sympathizers.

13.6 In case no suitable buildings areavailable, the polling stations may be

located in temporary structures constructed for this purpose. But, as far as possible, this
should be avoided as it involves considerable expenditure to Government and is also
open to other risks if there are heavy rains, fire, etc.

13.7 Not more than four polling stations in urban areas and not more than two
polling stations in rural areas should be located in one building. This is necessary to
avoid overcrowding and to facilitate maintenance of peace and order.

13.8 Where two polling stations are set up in the same building or compound, it
will be better if one is set up for graduates and the other for teachers when these
elections are held simultaneously.

13.9 Select the actual site of each polling station carefully, in advance, and
arrange for materials, structural fittings, etc., well in time so that it will satisfy the
requirements of the law and of practical convenience.

13.10 The polling station should have normally as far as practicable a minimum
area of 20 sq. meters to avoid congestion inside the polling station.

13.11 Room/Halls selected should be well-lit and having two openings at least so
that one can be used as 'entrance' and the other as "exit' for the smooth and orderly
conduct of poll.

13.12 The draft list of Polling Stations should be drawn up in the following form:
List of Polling Stations
For the ................................................... Graduates’/Teachers’ Constituency in the State
of ........................................................................District ............................................

SI. Location Building Area Whether Polli Whethe Total Maximum Rem
No of in of there is ng r numbe distance arks
polling which It polling a area commo r of the
station will be station separate n for all voters voters
located entrance voters assign have to
and exit. or for ed travel to
If not, Graduat reach the
reasons es only polling
therefor or station
Teacher
s only
23
1 2 3 4 5 6 7 8 9 10

13.13 The polling area should be clearly demarcated. The name of each town,
ward, street, block, village or other revenue unit covered by the polling area and the
number of voters thereof should be shown in the respective columns against each
polling station Only by a clear description of the polling area, will it be possible for an
ordinary voter to know to which polling station he should go for casting his vote.

13.14 In order to ensure uniformity of method in filling up the various columns in

the draft list, the following instructions will be kept in mind:

Column 1 - The serial numbers of the polling stations should be given on a rational
basis commencing with the north-western corner of the Constituency and proceeding in
a zig-zag manner to the south eastern corner of the Constituency.

Column 2 - The location to be specified is the name of the area in which the polling
station is located. In the case of temporary structures, the description of the exact site
chosen for the location of the temporary structure should be clearly indicated.

Column 3 - The name of the building in full should be clearly described. No

abbreviations shall be used. In cases where more than one polling station is located in
the same building, the location should be made clear by mentioning “North wing”,
“South wing”, etc.

Column 4 - The area of the polling station should be indicated in square meters.
The reason for locating polling stations in rooms/halls having an area of less than 20
square meters where it is totally unavoidable should be furnished in “Remarks” Columns
of the proforma against the appropriate entry.

Column 5 – If there is a separate entrance and a separate exit, `Yes' may be written.
Otherwise reasons why it has not been possible to locate the polling station in a
room/hall with separate entrance and exit may be given.

Column 6 - The name of villages, blocks, wards, streets, localities, house numbers,
etc. should be given. In case parts of the roll are split up and the voters are assigned to
different polling stations, then the serial numbers of the voters in each part so split up
should be mentioned.

Column 7 - It should be indicated whether the polling station is for graduates only
or teachers only or for both graduates and teachers.

Column 8 - This column should contain information about the total number of
voters assigned to the polling station according to the finally published electoral roll of
the Constituency.

Column 9 - This column should indicate the distance to be travelled by the voters
from the farthest corner of the polling area.

Column 10 – Wherever, it is not practicable to conform to the Commission's

directions in regard to the location, building or area of any polling station or number of
electors to be assigned or maximum distance to be travelled by voters, etc., clear reasons
24
shall be given in this column for the consideration of the Commission, besides any other
remarks which the District Election Officer may like to make.

13.15 The total number of voters in the Constituency, the total number of polling
stations proposed and the average number of voters per polling station should
invariably be shown at the end of each list.

13.16 The list should be accompanied by a map, drawn to scale, showing :-

(i) All the villages and wards or localities in towns with the number of
voters in each such village or locality on the map itself, and where this is
not convenient or practicable in a statement affixed to the map;

(ii) the place selected for location of the polling station;

(iii) the area covered by each polling station; and

(iv) serial number of the polling stations indicated in a systematic manner,

preferably beginning from the north-western corner of the
Constituency, proceeding zig-zag and ending at the south-eastern
corner.

13.17 The use of abbreviations in the list is prohibited.

13.18 If any local terms are used to describe buildings, etc., in the list, these should
be explained.

Publication of the List of Polling Stations in Draft

14.1 After preparation of the list of polling stations on the lines indicated in
preceding paragraphs, the District Election Officer should publish it in draft in the
language or languages of the electoral roll for the Constituency for general information
and invite objections and suggestions by a specified date, allowing a period of not less
than seven days for this purpose. The notice of publication of such draft list and the
places at which it can be inspected should also be given in the local newspapers and
written objections or suggestions should be invited for consideration. Copies of the lists
should be supplied to the local units of all recognized political parties, representative
associations or bodies of teachers/graduates and to the sitting Members of Parliament
and State Legislature. The District Election Officer should thereafter call the party
representatives, of associations or bodies of graduates/ teachers and legislators to a
meeting and discuss the draft list with them. Any bonafide person who wishes to take
part in the discussions at this meeting should also be permitted to do so. The District
Election Officer should then amend the draft list, wherever necessary. He should then
forward it immediately to the Chief Electoral Officer.

14.2 The Chief Electoral Officer, after scrutiny, will forward the list and the
enclosures with his comments to the Election Commission for approval so as to reach at
least 15 days before the last date for withdrawal of candidatures.

14.3 The Commission will consider and approve the proposed list of polling
stations with such changes and after calling such further information, as it may deem
necessary. The list finally approved by the Commissions should be published as directed
in paragraph 15 of this Chapter.
25
Notes:- (a) The approval of the Commission will be communicated by the Election
Commission directlyto the District Election Officer with a copy to the Chief Electoral
Officer. After the approval of the Commission is received, the District Election Officer
should once again check the list and incorporate the changes, if any, directed by the
Commission in the list.

(b) The District Election Officer should send the draft list along with the scrutiny
sheet duly filled in and a certificate in the prescribed form (Annexures II-J and II-K).

(c) The list forwarded to the Commission should be accompanied by a translation

in English in case it is in any language other than English or Hindi. There is, however, no
need to print or cyclostyle the approved list of polling stations in English, unless copies
in English are required for official use or by the public.

Final publication of the List of Polling Stations.

15.1 The District Election Officer shall publish, the list of polling stations as
approved by the Commission. He shall display a copy thereof in the manner prescribed
by the Commission in its order reproduced in Annexure II-Lat his office by a notice in the
form give in Annexure II-M. On such publication, the list shall be the list of polling
stations for that Constituency. The entries in columns 4, 5, 8, 9 and 10 and the entries at
the bottom of the list relating to the total number of voters, the total number of polling
stations and the average number of voters per polling station, should be deleted before
the final publication of the list.

15.2 The District Election Officer can correct only printing or clerical mistakes, if
any, after such publication.

26
Modifications in the List of Polling Stations.

16.1 Modifications, if considered necessary, as a result of variation in the number

of voters within the polling area allotted to a polling station consequent on the revision
of electoral rolls should be reported to the Commission for prior approval.

16.2 Changes in the location of polling stations to new buildings or sites may
become necessary where the owner of the building or site originally proposed for a
polling station has since become a contesting candidate or has strong sympathies for any
candidate or a political party or because of any natural calamity that might have
destroyed or damaged such building. All such changes should be reported forthwith to
the Commission for approval.

16.3 District Election Officer should on no account make any change in the location
of polling stations already approved by the Commission without its prior approval, as
any change may vitiate the election. Where changes become inevitable and have to be
made, such changes should be referred to the Commission for its prior approval. The
changes if approved by the Commission should be fully publicized and all contesting
candidates and political parties, etc., informed in writing.

Changes in the Nomenclature of the Building of aPolling Station

17. After the approval of the list of polling stations for a Constituency, if there is
any change in the nomenclature of the building in which the polling station is proposed
to be set up, for example, upgradation of a Primary School to a Middle School and the
like, but otherwise there is no change in the location of the polling station, cases of such
change need not be referred to the Commission for its approval. However, the
Commission should be informed of such a change immediately. The political parties and
the contesting candidates etc., should also be informed in writing about such changes.

Supply of copies of the List

18.1 Each contesting candidate at an election shall be supplied, free of cost, with
three copies of the list of polling stations for that Constituency, immediately after the
last date for withdrawal of candidatures. Copies should also be made available for sale.
18.2 The District Election Officer should also supply the required number of copies
to the Director General of Police or Superintendent of Police, as the case may be. Copies
should also be supplied to the Returning Officer and Assistant Returning Officer(s) and
the Chief Electoral Officer.

List of Polling Stations for Bye-election

19.1 Whenever any bye-election is to be held in the Constituency, the District

Election Officer should examine whether any addition to or alteration in, the list of
polling stations already approved is necessary.

19.2 If at any such bye-election, no change or modification in the approved list is

considered necessary and the same is proposed to be adopted in totofor that bye-
election, the Commission should be informed and its approval obtained.

19.3 Where, however, the list of polling stations already approved by the
Commission is proposed to be adopted with modifications for the said bye-election, the
District Election Officer should call a meeting of the representatives of the local units of
27
the recognized political parties, the legislators and representative associations or bodies
of Graduates/Teachers, if anyand, after consulting them, forward the revised list to the
Chief Electoral Officer, with reasons for the modifications. The Chief Electoral Officer, in
turn, will forward one copy of the list and the other enclosure with his comments to the
Commission for approval. While suggesting the modifications, it should be ensured by
the Chief Electoral Officer that the District election Officer furnishes a certificate to the
effect that he has consulted the political parties, representatives, associations of
Graduates/Teachers, if any, and the legislators. Where a modification is not acceptable
to any political party or legislators or a candidate and such modification is necessary
from the point of view of District Election Officer, full justification for the change should
be furnished to the Commission. After the list is approved by the Commission, it should
be published for general information in the Constituency in the manner indicated in para
15.

Facility of Postal Ballot

20. In rare cases, it may be desirable to allow postal ballot facility for voters in
remote and inaccessible areas in a Council Constituency for whom no polling station can
be set up within a reasonable distance. In such cases, the Election Commission may, on
the recommendation of the Chief Electoral Officer, issue a notification under rule 68 of
the Conduct of Elections Rules, 1961 at any time before the last date for withdrawal of
candidatures at the election directing that the method of voting by postal ballot shall be
followed in the whole or specified part of the Constituency. Electors subjected to
preventive detention and electors on election duty, if any, are also entitled to vote by
post in the Constituency.
20.1 Election Duty Certificate may be issued to those electors who cannot be
appointed on election duty at the polling station where they are entitled to vote so that
they can vote in person in other polling station within the constituency.
20.2 If due to unavoidable reasons, postal ballot paper is required to be issued
under Rule 18(b)(i) of Conduct of Elections Rules 1961, then there may be no objection
if the guidelines issued for smooth management of postal ballot papers to employees on
poll duty at elections to LokSabha/Legislative Assembly is followed. It should be strictly
ensured that secrecy of voting is not violated at the facilitation centre. The reference to
Assembly/Parliamentary Constituency in relevant Forms 12, 12A, and 12B may be
modified to mention the name of the Graduates/Teachers Constituency.

List of Polling Stations for Local authorities Constituencies

21.1 All the members of a local authority should be allotted to a polling station
located in the polling area within the local limits of the jurisdiction of the local authority.

21.2 Forclose monitoring and management of elections, it has been decided that
polling stations shall be set up at sub-divisional level. An immediate review of the existing
polling stations for the Local Authorities’ Constituencies shall be undertaken by the DEO
and fresh proposals shall be forwarded to the Commission for approval, after consulting all
political parties.

21.3 No elector will be assigned by name to a particular polling station and no

elector will be allotted to a polling station different from the one in which he is entitled
to vote in accordance with the above instruction.

21.4 The list of polling stations for a Local Authorities' Constituency shall be
prepared in the following form:
28
 ..........................LEGISLATIVE COUNCIL
List of Polling Stations
For the Local Authorities' Constituency
in the State of……………………………
District ......................................

SI.No. Location Building Names of Total Maximum Remarks

of the in which Local number distance
polling it will be Authorities of voters the voter
station located the voters assigned has to
of which travel to
will be reach the
entitled to polling
vote station

1 2 3 4 5 6 7

21.5 All other instructions in the foregoing paragraphs relating to preparation of

draft lists for Graduates’ and Teachers’ Constituencies, publication of such draft lists for
inviting suggestions and objections, consultation with political parties, etc., forwarding
of such lists through the Chief Electoral Officer to the Commission for its approval and
publication of finally approved lists shall apply mutatis mutandis to the preparation and
finalisation of lists for Local Authorities' Constituencies.

Right to Vote

22.1. There may be cases in which names of electors appear at more than one place
in the electoral roll of a Local Authorities' Constituency. In such cases, the Returning
Officer should bring to the notice of the electors concerned in writing the provisions of
section 62(4) of the Representation of the People Act, 1951. Such electors may also be
asked to indicate to the Returning Officer their choice as to the polling station at which
they wish to cast their votes if their names have been allocated to different polling
stations. Entries against their names in the marked copy of the electoral roll supplied to
the other polling station should be made as follows:

“Ballot paper not to be issued as the elector has opted to vote at polling station
No............"

22.2 A list showing the options made by the concerned electors should also be
circulated to the Presiding Officers of the concerned polling stations.

Date, Time and Place of Counting for Council Constituencies

23.1 The Election Commission normally fixes the date and time for the counting of
votes and announces the same along with the schedule for conducting the election to the
State Legislative Councils from Graduates’ or Teachers’ or Local Authorities’
Constituency vide its Press Note itself.

23.2 As soon as possible the proposal for place of counting of votes shall be sent to
the Election Commission for its prior approval. The proforma prescribed by the
29
Commission, had already been circulated to the Chief Electoral Officers of all States and
UTs vide its letter no. 470/98/PLN-I dated 26th December, 1997 (any subsequent
instruction).
23.3 The place for the counting of votes in a Constituency is left entirely to your
discretion. It may either be at your own headquarters, the district headquarters or any
other place which you consider to be convenient for the purpose. There will be no legal
objection even if the place so fixed is outside the limits of the Constituency.
23.4 As far as possible, counting of votes of two Constituencies may not be held
together in one building as such an arrangement would attract larger crowds outside the
counting centre posing serious problems regarding the maintenance of law and order.
23.5 Give notice of the place, date and time to each candidate or his election agent
as may be appropriate in the form prescribed by the Commission for the purpose, vide
Annexure II-N.
23.6 If, for any unavoidable reason, you are unable to proceed with the counting at
the place so fixed and communicated to the candidates, you can fix another place for the
counting of votes. You should give notice of every such change in writing to each
candidate and his election agent well before the dateof counting.
23.7 If, for any unavoidable reason, you are unable to proceed with the counting on
the date and time so fixed for counting of votes, the same shall be brought to the notice
of the Election Commission for consideration and further necessary action in such case.
23.8 As far as practicable, counting of votes in temporary structures should be
avoided as seasonal conditions like rains, etc., would affect the process of counting in
such places. However, if it becomes unavoidable to arrange the counting in temporary
structures made of inflammable material, care should be taken to post security guards
and fire brigade (or other arrangements for extinguishing fire)in case of emergency.

30
 CHAPTER III

POLLING PERSONNEL

A-Elections to Council of States

1. Under section 29(2) of the Representation of the People Act, 1951, the Returning
Officer is required to act as Presiding Officer for such election at the place fixed for the
poll. He may appoint such Polling Officer or officers to assist him as he thinks necessary.

B. Elections to State Legislative Council by Members of the Legislative Assembly

2. In these elections also, the Returning Officer will act as the Presiding Officer and
may appoint such number of Polling Officers as he considers necessary.

C. Elections in Graduates’ and Teachers’ Constituencies

3. Under section 26 of the Representation of the People Act, 1951, the District
Election Officer is required to appoint a Presiding Officer and such number of Polling
Officers, as he thinks necessary, for each polling station within his district. In cases
where a Council Constituency extends over more than one district, the respective
District Election Officers of the districts in which the Constituency falls shall prepare the
lists of Presiding and Polling Officers within their jurisdiction. The District Election
Officer responsible for providing polling stations for that Constituency will adopt these
lists in toto and make the appointments.

Power to appoint Polling Personnel.

4. Doubts arise as to whether the District Election Officer, or, as the case may be,
the Returning Officers can appoint under section 26 of the Representation of the People
Act, 1951, a person as a Presiding Officer or a Polling Officer unilaterally against the
consent of that person and, if so, whether the refusal to accept the appointment order by
a person so appointed will attract the provisions of Section 134 of the said act. In this
connection attention is drawn to the judgment, dated 6 th March, 1971 of the Calcutta
High Court in shri R.P. Roy alias Rampada Roy Vs. Shri D. Rudra, District Election Officer
and District Magistrate, Howrah (Air 1971 - Calcutta 461) which manifestly answers in
the affirmative on both the points referred to above. The High court has categorically
held that section 26 of the Representation of the People Act, 1951, confers not only the
power to appoint unilaterally the Presiding and Polling Officers but also imposes on
them all the obligations of such office irrespective of their consent. Refusal to accept
appointment will attract the provisions of section 134 of theRepresentation of the
People Act, 1951.

Complement of staff for a Polling Party

5.1 In a Graduates’ or Teachers’ Constituency normally one Presiding Officer, one

Polling Officer for identification of voters and application of indelible ink, one Polling
Officer for issue of ballot papers and another Polling Officer for issue of marking
instruments are appointed for each polling station. If the number of electors assigned to
a polling station is very small, say, 100 or so, only two Polling Officers may be sufficient.
There is no need for any reserve Polling Officer or peon for each polling station. A
common reserve list of polling personnel for the entire district should, however, be kept
by the District Election Officer to enable him to send substitutes in the place of any
31
Presiding or Polling Officer absenting himself on the Polling day owing to any
unavoidable circumstances.

5.2 Although the second proviso to sub-section (1) of section 26 permits the
appointment of a common Presiding Officer for two or more polling stations, no
Presiding Officer should be placed in charge of more than one polling station, unless a
common polling station is provided in the same hall/room for Graduates’ Constituency
and a Teachers’ Constituency at a simultaneous election.

Selection of staff for Polling Parties

6.1 As the number of polling stations to be set up in each district is generally

small and as the elections are not held simultaneously throughout the State at any time,
the selection for appointment of Polling Personnel should be restricted to employees of
Central and State Governments and Local Bodies. The Presiding Officer should generally
be of the status of a Tahsildar or Dy. Tahsildar. The Polling Officer should generally be of
the status of an Accountant or an Assistant. As far as possible, persons selected for
polling duty in a district should be posted for duty in the polling stations set up in that
district. Persons who have already done polling duty at a previous election from a
Council Constituency or a Parliamentary or Assembly Constituency should, as far as
possible, be selected for polling duty, as they would have acquired the requisite
experience and training.
6.1.A. In order to avoid any allegation of collusion among the polling personnel of a
polling party in favour of any particular candidate or political party and to instill
confidence in the minds of political parities and candidates about free and fair elections,
you should ensure proper mix of polling personnel drawn from Central and State
Governments at the time of formation of a polling party in the Graduates’ or Teachers’
Constituency.

6.1.B. In order to ensure that the above instructions are complied with strictly, you
should furnish to the Secretary, Election Commission as well as to the Chief Electoral
Officer of your State a CERTIFICATE to the following effect immediately after the polling
parties have been formed for an election

CERTIFICATE

Certified that (i) the polling parties have been formed by a proper mix of officials
drawn from different offices and departments, and
(ii) that the officers have been drawn from State Government's departments as
well as from the Central Government's offices, as far as practicable.

6.2 After preparing the list of polling personnel on the lines indicated above, a copy
of the list giving clear details of the name of the person selected, his official designation
and the post and polling station for which he is selected should be sent to the Returning
Officer of the Constituency, if the concerned District Election Officer is not himself the
Returning Officer of that Constituency.

6.3 Under Rule 18(b)(i) of the Conduct of Election Rules, 1961, ‘Voters on Election
Duty' are entitled to vote by post at an election in a Council Constituency. In order to
avoid the necessity of issuing postal ballot papers, the District Election Officer should
32
see that, as far as possible, no electorin a Graduates’ or Teachers’ Constituency is
selected for appointment as a Presiding or Polling Officer. If it is not possible to avoid
this, efforts may be made to post such elector for duty at the polling station where he is
entitled to vote so that he may exercise his franchise at that polling station itself.

6.4 It may be noted that the facility to vote on the basis of 'Election Duty
Certificate' at the polling station on which a voter on election duty is posted, which is
available under the provisions of Rules 20(2) and 35A to polling personnel in Assembly
and Parliamentary Constituencies, is not available in Council Constituencies.

Form for the Appointment

7.1 The form for the appointment of Presiding and Polling Officers is given in
Annexure III-A. The Presiding and Polling Officers should be formally appointed. The
order of appointment should also bear the clear seal of the District Election Officer.

7.2. The list of Polling Personnel in respect of all polling stations in the
Constituency should be displayed on your notice board, but not earlier than two or three
days before of the date of poll. There is no need to supply such lists to the political
parties and contesting candidates.

Polling rehearsals

8. The polling staff must have been trained at earlier elections. Brush up their
knowledge and experience by more rehearsals. Invite the candidates to such rehearsals
and encourage them to secure the attendance of their prospective polling agents at these
rehearsals. Explain at these rehearsals the vital points for the polling agents to
remember at the poll.

Unavoidable Absence of Presiding Officer

9. While appointing a polling party for a polling station, the District Election
Officers should authorise one of the Polling Officers to perform the duties of Presiding
Officer in case the latter is unavoidably absent from the polling station.

Arrival at Polling Station

10. The Presiding Officer and the Polling Officers should reach the polling station at
least 45 minutes before the poll is due to commence.

Absence of Polling Officer

11. If any Polling Officer appointed for a polling station is absent from the polling
station, the Presiding Officer of that polling station has the power to appoint any person
as a Polling Officer on the spot in his place. He should not, however, appoint any person
who is an active supporter of any of the candidates or an active opponent of any
candidate or a known worker or sympathizer of any party. Later on, he will inform the
District Election Officer/Returning Officer of such appointment formally in writing.

33
Delegation of duties of Presiding Officer

12. If the Presiding Officer himself is absent from the polling station on account of
illness or other unavoidable reason, the Polling Officer previously authorised in this
connection by District Election Officer/Returning Officer will act in his place. He will
exercise all the powers and duties of the Presiding Officer. In the alternative, subject to
the availability of time, the District Election Officer can also appoint a Presiding Officer
from his reserve list. The Presiding Officer may direct any Polling Officer to perform any
of his functions in the polling station. This will, however, not absolve him of his own
responsibility as he is in overall charge of the entire operation.

Set up of Polling Stations

13.1 The Presiding Officer, on his arrival at the place where the polling station is to
be set up, will first inspect the building proposed for the purpose and also the polling
station itself, if it is already set up, Diagrams of model polling stations are given in
Annexure III-B. While it is open to the Presiding Officer to make minor modifications to
the actual set up of the polling station taking into account the topography of the place
and other local factors, he must make sure that :-
(i) there is enough space for the voters to wait outside the polling station;
(ii) there is separate waiting space for men and women voters as far as
practicable;
(iii) there is separate entrance and exit for voters. (In case there is only one
door, this can be achieved by tying a rope or fixing bamboos or other
partitioning structure to make separate entrance and exit through the same
door);
(iv) there is smooth flow of voters from the time they enter the polling station
to the time they leave it and there is no criss-cross movement, within the
polling station;
(v) the polling agents are seated in such a way as they can see the face of
elector as and when he enters the polling station and is identified by the
first polling officer so that they can challenge the identity of the elector, if
need be;
(vi) the seating arrangements of the Polling Officers and polling agents are such
asthey are not in a position to see how a voter is marking his ballot paper
inside the voting compartment;
(vii) the inner side of the voting compartment is sufficiently lighted. If necessary,
suitable additional lamps/lights may be provided.

13.2 If more polling stations than one are located in the same building, it should be
ensured that necessary arrangements have been made for segregation of voters and
making them wait in queues in different parts of the space in front of each polling station
without causing confusion.

13.3 If the polling station is located in a private building, the building and the area
around it up to a radius of 200 meters should be totally under the control of the
Presiding Officer. He should not allow any watch and ward or other personnel connected
with the owner, whether armed or unarmed, to remain either at the polling station or
within a radius of 200 meters around it. The security arrangements at the polling station
and within a radius of 200 meters thereof will be entirely the responsibility of the police
under the control of the Presiding Officer.

34
 13.4 No photograph of leaders of political parties or slogans having a bearing on
the elections should be exhibited inside the polling station. In case such photographs or
slogans are already there, they should be removed till poll is over.
13.5 No cooking or lighting of fire for any purpose should be permitted inside the
polling station on the day of poll under any circumstance.

Transport for Polling Parties

14. You will have to arrange for the transport of the polling parties and polling
materials like ballot boxes, etc. Take stock of the vehicles at your disposal. Requisition
more vehicles as may be necessary. Draw up well in advance the movement programme
carefully for each polling party so that the arrangements may not fail at the last moment.
Have reserves of transport handy to meet emergencies.

Accommodation and food for Polling Parties

15. Check the arrangements for theaccommodation, food and drinking water
facilities for the polling parties.

D. Elections in Local Authorities' Constituencies

16.1 It would be convenient if the Executive Officer of the Panchayat or the

Commissioner of the Panchayat Union or Municipality is appointed as the Presiding
Officer for the polling station in his area. He should be assisted by two or more Polling
Officers depending on the number of electors, who may be drawn from the Panchayat
Office or Municipal Office or from the Revenue Department. If it is found that it is not
possible to appoint the Executive Officer or the Commissioner of the Panchayat Union or
the Municipality as Presiding Officer, or the Commissioner of the Panchayat Union or the
Municipality as Presiding Officer, persons of the status of Tehsildars or Deputy
Tehsildars in the Revenue Department who were previously appointed for the polling
duty in the Council elections or Assembly elections may be selected for appointment as
Presiding Officers. The Polling Officers may be of the status of Head Accountant or
Assistant.

16.2 A common reserve list of Polling Personnel for the entire district should be
kept by the District Election Officer to enable him to send substitutes in the place of any
Presiding Officer or Polling Officer absenting on polling day owing to any unavoidable
circumstances.

16.3 The other instructions given in the case of Graduates’ and Teachers’
Constituencies will apply mutatis mutandis to the polling personnel in respect of this
election also.

35
 CHAPTER IV

ELECTION MATERIALS

A. Elections by Members of Legislative Assembly

1. You may require a number of polling materials for the conduct of poll, and you
yourself will have to act as Presiding Officer also. A standard list of such materials is
given in Annexure IV-A. Estimate your total requirement for the same and lay your stock
of election materials in time, as particular items may be difficult to procure at the last
moment. Besides you will also require some items for carrying out your own duties up
to the counting and declaration of results. These should also be secured in advance.

Forms

3. Throughout the election, you will have to use many Forms yourself. You should
first thoroughly familiarise yourself with all these Forms. The candidates, their agents
and other members of the public will also have to hand over certain documents in
different prescribed Forms. Most of the Forms will be printed by the State Government.
At times, it may not be possible to satisfy the public demand in respect of these Forms.
You must accept freely all such documents whether they have been drawn up in the
officially printed Form or in manuscript, type written, cyclostyled or privately printed
version of any of these Forms so long as texts of the Forms have been correctly copied.
No document should be rejected merely on the ground that it has not been drawn up in a
government printed Form

B. Elections in Council Constituencies

4. Each polling party has to be supplied with necessary election materials for the
poll. A standard list of such polling materials is given in Annexure IV-A. Estimate your
total requirement and lay your stock of election materials in time, as particular items
may be difficult to procure at the last moment. Besides, you will also yourself require
some items for carrying out your own duties up to the counting and declaration of
results. These should also be procured in advance.

5. Ballot Boxes

5.1 You may provide two ballot boxes for each polling station. Normally one should
be sufficient but the extra one will be useful in case of an emergency. The number of
contesting candidates and the consequent size of the ballot papers should also be kept in
view while providing ballot boxes to the polling parties. An extra ballot box may be
supplied when common polling stations are set up for Graduates’ and Teachers’
Constituencies.

5.2 The ballot boxes should be individually checked and necessary repairs carried
out before issue to polling parties. In all cases, oiling and cleaning will be done in
advance for the smooth functioning of the locking devices.

5.3 Do not, in any circumstance, issue any defective ballot box to any polling party.
Even one defective ballot box can result in the entire poll being vitiated.

5.4 The Commission has recently directed that each ballot box available in a
district shall be serially numbered showing the name of the State (in abbreviated form),
36
code no. of the district and the serial no. of the box, like AP/1/00001. Such serial no.
shall be engraved in figures both inside and outside of each ballot box.

5.5 Only such serially numbered ballot boxes should be supplied to polling parties.
The use of any ballot box which is not so serially numbered shall be viewed by the
Commission as a grave lapse inviting severe action.

37
 CHAPTER V

NOMINATIONS

Introductory

1. The pressure of work increases substantially as soon as the notification has been
issued calling upon the Constituency to elect a member or members. All the preliminary
and preparatory steps should have been taken by you already before this notification is
issued. Generally, you will be informed beforehand of the date on which such
notification will be issued.

Notifications for Elections to the Council of States

2.1 In the case of biennial elections to the Council of States, the President of India,
under section 12 of the Representation of the People Act, 1951, shall, by one or more
notifications published in the Gazette of India on such date or dates as may be
recommended by the Election Commission, call upon the elected members of the
Legislative Assembly of each State or members of the electoral college of each Union
Territory concerned to elect members for the purpose of filling seats of members to the
Council of States retiring on the expiration of their terms of office.

2.2 Notifications in respect of bye-elections to the Council of States will be issued

by the Election Commission under the provisions of section 147 of that act.

3. On the same date on which the above notification calling the election is issued,
the Election Commission will publish notification in the Gazette of India and republish in
concerned State Official Gazette under Section 39 of the Act fixing the programme for
various stages of the election.

Notifications for Elections to the Legislative Council

4.1 In the case of biennial elections to the Legislative Councils, the Governor of the
State, under section 16 (section 15A in case of initial constitution of a State Legislative
Council) of the Representation of the People Act, 1951 shall, by one or more notifications
published in the State gazette on such date or dates as may be recommended by the
Election Commission, call upon the members of the Legislative Assembly of the State and
the Council Constituencies concerned to elect members for the purpose of filling seats of
members of the Council retiring on the expiration of their terms of office.

4.2 Notifications in respect of bye-elections will be issued by the Commission

under the provisions of section 151 of that Act.

5. On the same date on which the above notification calling the election is issued,
the Election Commission will issue a notification, which is to bepublishedin the
concerned State Official Gazette, under section 30 in the case of elections in the Council
Constituencies or under section 39 in the case of election by members of the Legislative
Assembly, fixing the programme for various stages of the election.

Issue of Public Notice by the Returning Officer

38
 6.1 Immediately after such notification, you are required to issue a public notice of
the election under section 31 of the Representation of the People Act, 1951 read with
rule 3 of the Conduct of Elections Rules, 1961. The notice will be issued in Form I
appended to the said rules.

6.2 In the public notice, you have to specify, among other thing, the name(s) of the
Assistant Returning Officer(s) who will also receive nomination papers, in addition to
you, and also the place(s) at which the nomination papers shall be received by you and
the specified Assistant Returning Officer(s). Normally, you should not specify more than
one Assistant Returning Officer for the purpose and he should as far as possible be the
one stationed at your headquarter.

6.3 The public notice shall be published in the following manner:-

(i) It shall be in Form 1 appended to the Conduct of Elections Rules, 1961 and
shall be published on the same date on which the notification of election is
published.
(ii) At an election by members of the Legislative Assembly, the notice shall by
prepared in English and in the regional language of the State; and at
elections from the Council Constituencies, it shall be in English and the
official language of the State or the regional language of the particular area
of the State in which the Constituency is wholly situated.
(iii) The notice shall be published in each of the languages on the notice board of
your office and at such other places as you may consider necessary for
giving wide publicity to it including offices of PanchayatSamities, Gram
Panchayats, etc.
Public Holidays Effects on Election Programme

7.1 A candidate may present his nomination paper on the very day of the notice, or
any of the seven days following that day unless any of these days is a public holiday.

7.2 In case the last date for filing nominations or the date of scrutiny of
nominations or the lastdate for withdrawal of candidatures is declared a public holiday
under the Negotiable Instruments, Act, 1881, due to some reasons after the issue of
notifications, the fact may be brought to the notice of the Chief Electoral Officer and the
Election Commission immediately. The last date for filing nominations or the date of
scrutiny of nominations or the last date for withdrawal of candidatures and other dates
will be amended by the Commission as necessary. If the date fixed for the scrutiny of
nominations is declared a public holiday under the Negotiable Instruments Act, 1881 the
scrutiny will be held on the next succeeding day which is not a public holiday.

7.3 Similarly, if the last date for making nominations or the withdrawal of
candidatures is declared a public holiday, the nomination papers or, as the case may be,
notices of withdrawal of candidatures filed on the next working day should be accepted.

7.4 You will bear in mind that the second or fourth Saturdays of a month or all
Saturdays of the month where these are observed as holidays for government offices are
not to be treated as "public holidays" under the Negotiable Instruments Act, 1881,
unless the same are specifically declared as such holidays under that Act.

Assistant Returning Officers

8.1 Your Assistant Returning Officer(s) can perform any of your functions subject
to your overall control. They are, however, not competent to hold scrutiny of any

39
nomination paper under section 36 unless you are unavoidably prevented from holding
such scrutiny yourself.

8.2 The Assistant Returning Officer should sign the papers as “Assistant Returning
Officer” and not for “Returning Officer”.

Nomination Papers – Required Documents

9.1 FOR ELECTION TO THE COUNCIL OF STATES

(i) Form 2C appended to the Conduct of Elections Rules, 1961
(ii) Security Deposit – Rs. 10000/- or Rs. 5000/- in case of SC/ST(proof of
SC/ST shall be produced)
(iii) No. of Proposers : At least 10% of total electors or ten electors, whichever is
less; in the case of candidates set up by recognized party, and ten electors in
the case of other candidates
(iv) Oath or Affirmation (Annexure V-A.);
(v) Affidavit in Form 26, appended to the CE Rules 1961 ;
(vi) Documentary evidence to prove that the candidate is a registered elector in
a Parliamentary Constituency of India.
(vii) Form ‘AA’ and ‘BB’(in case of candidate of a Political Party) – Annexure V-F
& V-G.

9.2 FOR ELECTION TO THE STATE LEGISLATIVE COUNCIL BY MLAs

(i) Form 2D appended to the Conduct of Elections Rules, 1961.
(ii) Security Deposit – Rs. 10000/- or Rs. 5000/- in case of SC/ST(proof of
SC/ST shall be produced)
(i) No. of Proposers : At least 10% of total electors or ten electors, whichever is
less for candidates set up by recognized party, and ten electors in the case for
other candidates
(iii) Oath or Affirmation (Annexure V-A);
(iv) Affidavit in Form 26, appended to the CE Rules 1961.
(v) Documentary evidence to prove that the candidate is a registered elector in
an Assembly Constituency of that State.
(vi) Form ‘AA’ and ‘BB’(in case of candidate of a Political Party) – Annexure V-F
& V-G.

9.3 FOR ELECTION TO THE STATE LEGISLATIVE COUNCIL FROM COUNCIL

CONSTITUENCIES
(ii) Form 2E appended to the Conduct of Elections Rules, 1961.
(iii) Security Deposit – Rs. 10000/- or Rs. 5000/- in case of SC/ST(proof of SC/ST
shall be produced)
(iv) No. of Proposers: At least 10% of total electors or ten electors, whichever is
less for candidates set up by recognized party, and ten electors in the case for
other candidates
(v) Oath or Affirmation(Annexure V-A).
(vi) Affidavit in Form 26, appended to the CE Rules 1961.
(vii) Documentary evidence regarding elector in an Assembly Constituency of that
State
(viii) Form ‘AA’ and ‘BB’(in case of candidate of a Political Party) – Annexure V-F &
V-G.

40
DETAILS ARE GIVEN AS UNDER :-

No. of Proposers to Subscribe a Nomination

10. It may be noted that each nomination of a candidate for election to the Council
of States or State Legislative Council shall be subscribed by at least ten per cent of the
electors at that election or ten such electors, whichever is less, as proposers; in the case
of candidates set up by recognized parties, and by ten electors in the case of other
candidates. One elector may sign the nomination of more than one candidate as
proposer.

Dates and time of filing Nominations

11. Nomination papers may be presented either before you or before any of your
Assistant Returning Officers specified by you in the public notice, on any of the days,
other than a public holiday, during the period fixed in the Commission's programme
notification. These nomination papers shall be presented only at the place or places
specified by you in the public notice at any time between 11 AM and 3 PM and not at any
other hour or at any other place. If a candidate or his proposer seeks to present a
nomination paper either before 11 AM or after 3 PM, you should not accept the
nomination paper saying that under the provisions of the law, neither the candidate has
the right to deliver, nor the Returning Officer has the right to accept, a nomination paper
outside the hours prescribed for the purpose. Likewise, you should not accept any
nomination paper at any place other than the place specified in the public notice.

Who canfile Nomination Paper and where

12. All nomination papers must be presented personally either by the candidate or
his proposer, and by no one else, to the Returning Officer or the specified Assistant
Returning Officer at the place or places specified in the public notice between 11 AM and
3 PM on any day, other than a public holiday, fixed for the purpose.

Number of Nomination Papers

13. Under sub-section (6) of section 33 of the Representation of the People Act,
1951, a maximum of four nomination papers only, can be presented by or on behalf of
any candidate or accepted for election in the same Constituency. You must ensure that
no candidate files nomination papers for the same Constituency in excess of this
number. If a candidate seeks to present any nomination paper or papers in excess of this
number, you must not accept such nomination paper or papers saying that under the
provisions of the law neither the candidate has the right to present, nor the Returning
Officer has the right to accept, any nomination paper or papers in excess of four.

Serial Number of Nomination Papers

14.1 Each nomination paper must be serially numbered, as soon as it is presented,

by the officer receiving it who must also note on the body of the nomination paper the
date and exact time at which it was received by him. In view of the limitation on the
number of nomination papers that can be delivered by a candidate, you should ask the
Assistant Returning Officer specified by you to receive nomination papers to work in
close collaboration with you.

41
 14.2 When a number of nomination papers are delivered to you in a bunch, you
must assign serial numbers to them in the order in which you deal with them one after
the other.

Deposits

15.1 Every candidate at an election the Council of States or a State Legislative

Council is required to make a deposit of Rs. 10,000/- (Section 34 read with section 39
(2) of the Representation of the People Act, 1951) as amended by the Representation of
the People (Amendment) Act, 2009 (come into force from 1st February, 2010). The
amount of deposit shall be Rs. 5,000/- only, if he/she is a member of a Scheduled Castes
or Scheduled Tribes.

15.2 The Deposits may be made either in cash with the Returning Officer or in the
Reserve Bank of India or in a Government Treasury. Where the deposit is made in the
Reserve Bank or in a Government Treasury, the receipt making the deposit should be
enclosed by the candidate with his nomination paper.

15.3 The deposit should be made under the following head of account:—

"8443-Civil Deposits-121-Deposits in connection with Elections-2-Deposits made by

Candidates for Parliament”.

One Deposit Sufficient for each Election

16. Only one deposit is required from each candidate in respect of his candidature
in an election. When one such deposit has been made and the receipt enclosed with the
first nomination paper, the candidate is not required to make any other deposit in
respect of subsequent nomination papers which may be presented on his behalf in that
election. However, a candidate has to make a separate deposit in respect of any other
election in which he files nomination paper.

Preliminary Examination of Nomination Papers

17. As each nomination paper is filed, you or the specified Assistant Returning
Officer will examine it then and there from the technical standpoint. But you are not to
hold a formal scrutiny of any nomination papers at this stage. You should compare the
entries in the nomination paper with the entries in the electoral rolls relating to the
serial numbers, part numbers and the names of the candidates and their proposers.
Make sure that the electoral roll with which you make such comparison is the one
currently in force for the Constituency concerned.

Documentary Evidence of Registration of Candidate as an Elector

18.1 For an election to the Council of States from a State or Union Territory, a
candidate must be an elector of any Parliamentary Constituency in India. (Section 3 of
the Representation of the People Act, 1951as amended by Act 40 of 2003 w.e.f.
28.8.2003).

18.2 For an election to a State Legislative Council, a candidate must be an elector in

any Assembly Constituency in that State, (section 6 ibid)

42
 18.3 Every candidate must produce documentary evidence to show that he is an
elector for a Parliamentary Constituency or, as the case may be, Assembly Constituency.
Such evidence has to be produced in the form of the electoral roll of the Constituency in
which the candidate's name is registered or a relevant part thereof or a certified copy of
the relevant entries in such roll.

18.4 In the case of an election to the Council of States or a State Legislative Council
by members of the State Legislative Assembly, such documentary evidence has to be
produced by the candidate at the time of presentation of his nomination paper. If he has
not done so, you may require him to produce such evidence.

18.5 In the case of an election from a Council Constituency, such evidence may be
produced by the candidate at the time of presenting his nomination paper and if he has
not done so, he must do that at the time of the scrutiny of nominations. Strictly speaking,
the responsibility for producing such documentary evidence vests entirely with the
candidate. However, the Commission considers that in order to reduce the scope of
rejection of nomination papers on this ground, the attention of the candidate should be
drawn to the aforesaid requirement when his nomination paper is presented and
examined from the technical standpoint. This is best done by means of a written memo
as in Annexure V-C.

Oath or Affirmation by Candidates

19.1 A candidate at an election to the Council of States or State Legislative Council

is required under Article 84 (a) or, as the cases may be, Art.173(a) of the Constitution to
make and subscribe an oath or affirmation in the prescribed form before any of the
persons authorised in that behalf by the Election Commission. The forms of oath or
affirmation are given in Annexure V-A.

19.2 The Election Commission's Notifications authorising certain persons in this

behalf are reproduced as Annexure V-D

19.3 For any particular election, the authorised persons are mainly the Returning
Officer and the Assistant Returning Officer for the election. In the case of a candidate
confined in a prison or under preventive detention, the Superintendent of the Prison or
Commandant of the Detention Camp in which he is so confined or is under such
detention is authorised to administer the oath. In the case of a candidate confined to bed
in a hospital or elsewhere owing to illness or any other cause, the Medical
Superintendent, in-charge of the hospital or the medical practitioner attending him, is
similarly authorised. In the case of a candidate who is out of India, the oath or
affirmation may be made and subscribed before the Diplomatic or Consular
Representative of India in the country where the candidate happens to be or any person
authorised by such diplomatic or consular representative. Where the candidate is for
any other reasons unable to appear or present before the Returning Officer concerned or
the Assistant Returning Officer, the oath or affirmation may be made and subscribed
before another person specially nominated by the Election Commission on an
application made to it in this behalf. The Commission has also authorised all Stipendiary
Presidency Magistrates, all Stipendiary Magistrates of 1 st Class, all District Judges and all
the persons belonging to the Judicial Services of the States other than a District Judge as
officers before any one of whom a candidate can make and subscribe the oath or
affirmation.

43
 19.4 The oath or affirmation should be made and subscribed before the date fixed
by the Election Commission for scrutiny of nomination papers at that election. The
decisions of the Supreme Court in PasupatiNathsingh vs. Harihar Prasad Singh (A.I.R.
1968 S.C.-1064) and Khadar Khan Hussain Khan and other vs. Nijalingapppa [(1970) (1)
S.C.A-548] have clarified the position and removed all doubts in regard to actual making
and subscribing the oath or affirmation. According to these judgments, the oath or
affirmation can be made and subscribed by a candidate only after his nomination paper
is delivered and it cannot be so made and subscribed on the date of scrutiny. You should,
therefore, advise the candidates to make the oath or affirmation immediately after
presenting their nomination papers and in any case not later than the day previous to
the date of scrutiny. The oath or affirmation is to be made in person before the
authorised person.

19.5 The onus of proving that the candidate had made or subscribed the oath or
affirmation before an authorised person lies on the candidate himself. It is not necessary
that every nomination paper of a candidate must be accompanied by the form of oath
signed by the candidate. It is sufficient if the candidate or his representative satisfies you
at the time of scrutiny that the candidate had made and subscribed the oath or
affirmation before an authorised person for that election.

19.6 Section 36(2) (a) of the Representation of the People Act, 1951 requires that
on the date of scrutiny of nominations, the nominated candidate should have the
requisite qualifications including the qualification of having made and subscribed the
oath or affirmation. If the oath or affirmation, is not made and subscribed before the
date appointed for the scrutiny of nomination papers, the candidate will be held by you
as not qualified to stand for the election.

19.7 The oath or affirmation is first to be made and then signed by the candidate
before the authorised person. It should be borne in mind that mere signing on the paper
on which the form of oath is written is not sufficient. The candidate must make the oath
before the authorised person. The latter should ask the candidate to read aloud the oath
and then to sign and given the date on the paper on which it is written. If the candidate is
illiterate or unable to read the form, the authorised person should read out the oath and
ask the candidate to repeat the same and thereafter take his thumb impression on the
form. The authorised person should endorse on the form that the oath or affirmation has
been made and subscribed by the candidate before him on that day and hour.

19.8 The authorised person will forthwith give a certificate to the candidate that he
has made and subscribed the oath or affirmation before him on that day and that
particular hours. This certificate will be given to the candidate without his applying for
it. This will avoid all controversy later on as to whether the candidate has taken the oath
or not.

19.9 If the authorised person is the Superintendent or Commandant of the Prison

or Detention Camp, he should issue forthwith to the candidate a certified copy of the
oath for producing it as evidence before you at the time of scrutiny of nominations. The
Superintendent of the Prison or Commandant of the detention camp will simultaneously
send a letter by fax and speed post to you indicating the date and time at which the
particular candidate made and subscribed the oath or affirmation. He will also send to
you the original of the oath or affirmation made and signed by the candidate.

19.10 If the authorized person is a Medical Superintendent of a Hospital or Medical

Practitioner or a Diplomatic or Consular Representative of India in the country where
44
the candidate happens to be or the District Judge or person belonging to the Judicial
Service of a State (Other than a District Judge) or Stipendiary Magistrate of the 1 st Class
or any other persons nominated by the Election Commission, he should, as soon as the
candidate has made and subscribed the oath or affirmation, certify this fact on the form,
keep a copy for his record and hand over the original to the candidate. It will be the
responsibility of the candidate to see that the original oath or affirmation is produced
before you on or before the time fixed for the scrutiny of the nomination papers.

19.11 It is for the candidate himself to ensure that he makes and subscribes the
requisite oath or affirmation so as to become qualified in terms of article 84(a) or, as the
case may be, Article 173 (a) of the Constitution. In order, however, to see that he does
not lose sight of this mandatory requirement which would result in his nomination
being rejected, the Commission desires that his attention may be drawn thereto by
means of a written memo as in Annexure V-E when his nomination paper is presented
and examined from technical standpoints.

20. Copies of Annexures V-C and V-E should be got cyclostyled and kept with you at
the time of receipt of nomination papers. The name of the candidate or his proposers
whoever presents the nomination paper should be entered in the appropriate Memo,
which you should sign, and it should be handed over to him and a receipt obtained from
him in the form provided for it at the bottom of the main form. The receipt should be
detached and kept with the nomination form.

Affidavits by Candidates

21.1 A candidate at an election to the Council of States or State Legislative Council

is required to submit an Affidavit in Form 26 regarding pending Criminal antecedents, if
any, assets, liabilities of candidates, spouse and dependents and educational
qualification of candidate.

Filling of false affidavit in Form 26

Now the affidavit is in Form 26 under Section 33A of the Representation of the People Act,
1951, making false declaration/concealing of information in the affidavit would be covered
under Section 125A of the Act. Under Section 125A, there is no stipulation that complaints
under that section have to be made by the public servant concerned (in this case the RO).
Therefore, it would be open to any aggrieved person to move petition before the
appropriate Court of competent jurisdiction with petition for action under Section 125A in
the case of any false declaration or concealing of information in the affidavit in Form 26.
Therefore, it will be no longer necessary under the Cr.PC for the Returning Officer to move
the competent court in relation to any complaint about a false affidavit. The complainant
himself can be the complainant before the court as well. In the event of complaints about
false statement in the affidavit in Form 26, the complainant can be informed that it would
be open for him to move the appropriate court of law for action under Section 125A of the
RP Act 1951.

Intimation by Political Parties of Name of candidates set up by them

22.1 In the list of contesting candidates, you have also to mention the party
affiliation of the candidate if he has been set up by any Recognized National or State or
Registered Unrecognized Political Party. The candidate may have made a declaration in
his nomination paper that he has been set up by a particular political party. But such
declaration by the candidate alone is not sufficient. The political party concerned must
45
also intimate you the name of that candidate as having been set up by it. Such intimation
by the party must reach you not later than 3.00 PM on the last date for making
nomination. Any intimation received after the aforesaid date and time shall not be
entertained by you in any case.
22.2 For giving the aforesaid intimation of the name of the candidate set up by a
political party for an election to the Council of States or State Legislative Council, the
Commission has prescribed the same procedure as is prescribed in Para 13 of the
Election Symbols (Reservation and Allotment) Order, 1968 for intimation of name of
candidates for elections to the House of the People and State Legislative Assemblies,
though the said order does not apply in terms in relation to former elections. Under the
said Para 13 of the Symbols Order, a candidate shall be deemed to have been set up by a
political party, if and only if, :-
(a) the candidate has made a declaration to that effect in his nomination paper,
(aa) the candidate is a member of that political party and his name is borne on the
rolls of members of the party;
(b) a notice in writing in Form BB be delivered to the Returning Officer of the
Constituency, not later than 3 PM on the last day of making nominations;
(c) the said notice is signed by the President, the Secretary or any other office
bearer of the party and the President, Secretary or such other office bearer is authorised
by the party to send such notice; and
(d) the name and specimen signature of such authorized person are communicated
by the Party in Form AA to the Returning Officer of the Constituency and to the Chief
Electoral Officer of the State not later than, 3 PM on the last date for the making
nominations.
22.3 For the convenience of all concerned, the Commission has devised Forms AA&
BB in which the party should intimate the names of their authorized office bearers and
the candidates set up by them. A copy each of these Forms is given in Annexure V-F & V-
G.
22.4 Political parties have been instructed that these forms must reach to the
Returning Officer and Chief Electoral Officer of the state not later than 3 PM on the last
date for the making nominations.
22.5 Accordingly, in the list of contesting candidates you will show the party
affiliation of only such of the candidates in respect of whom all the above mentioned
procedural formalities have been completed by the political parties concerned before
the stipulated date and time.

Notice of Nominations

23.1 After 3.00 PM on each day between the date of notification and the last date
for making nominations, both days inclusive, publish on your notice board, a notice of
the nomination papers presented before you on that day.
23.2 The notice shall be prepared in Form 3B appended to the Conduct of Elections
Rules, 1961, in the case of an election to the Council of States or State Legislative Council
by members of the State Legislative Assembly. It shall be prepared in Form 3C in the
case of an election to the State Legislative Council from a Council Constituency.
23.3 Your Assistant Returning Officer should also do the same in respect of the
nomination papers presented before him at the end of each day. If more nomination
papers than one have been presented before you in respect of the same candidate, notice
must be given of each of them separately. A copy of this daily notice should be
forwarded to you by the Assistant Returning Officer from day to day so that you may be
aware of the latest position about the election as a whole.
Preparation of List of Nominated Candidates

46
 24.1 Immediately after 3.00 PM on the last date for filing nomination papers,
prepare a consolidated list of all the nomination papers presented before you or the
specified Assistant Returning Officers during the period fixed for the purpose, in the
following form :-

SI. Name of the Address of the Name of the political party,

No. candidate candidate National or State or Registered,
by which the candidate claims
to have been set
up/Independent candidate

1 2 3 4

1*
2
3
4
5

PLACE
Date
RETURNING OFFICER

24.2 The names of candidates shall be arranged alphabetically according to the

script of the language first specified in the second column of S.O. No. 39/67 and
2/78(Annexure VI-A& VI-B) as explained in chapter VI.
24.3 If more nomination papers than one have been presented in respect of the
same candidate, it is not necessary to include the same in the list more than once.
24.4 Send one copy of this list to the Chief Electoral Officer and another to the
Superintendent of State Government Press in which the ballot papers are to be printed,
by the next available post marked "Election Immediate'. One copy of the list should also
be sent forthwith to the Election Commission.
Transmission of Nomination Papers by Assistant Returning Officer
25. Instruct the Assistant Returning Officer to forward to you in safe custody all the
nomination papers received by him as also all other papers connected therewith
immediately after the last day for making nominations or if convenient in batches from
day to day. In any case all such papers should reach you by 7 PM on the last date for
making nominations.

47
 CHAPTER VI

SCRUTINY

Scrutiny of Nominations by Returning Officer

1. The scrutiny of the nomination papers should be done by you and not by any of
the Assistant Returning Officers. The only exception to this mandatory requirement is
when you are unavoidably prevented from doing so in which case one of the Assistant
Returning Officers authorized by you in this behalf can do scrutiny. Such exceptions
should, however, be extremely rare. If it happens unfortunately in your case that you
have to delegate this duty unavoidably, it would be safe to record immediately the
unavoidable reasons for such delegation as also your written authority in favour of
your Assistant Returning Officer.
Persons entitled to be present during Scrutiny
2. On the day and at the hour fixed for the purpose, take up the scrutiny of the
nomination papers, admit at the scrutiny only such persons as are entitled to be present
under section 36, viz. the candidates, their election agents, one proposer of each
candidate and one other person duly authorized in writing by each candidate and no
other person.
Examination of Nomination Papers by Candidate, etc.
3. If any candidate, his election agent, his proposer or the person authorized by him
desires to examine any of the nomination papers, allow him all reasonable facilities for
doing so. In fact, an adequate period at the beginning of the day may be conveniently set
apart for this purpose.
All Nomination Papers to be scrutinized
4. You should then take up nomination papers one after another and scrutinize
them. If more than one nomination papers have been presented by or on behalf of one
candidate, you should take them up together and scrutinize them one after another. In
case there is any minor error in any one of the nomination papers of a candidate in
regard to particulars, such as part number, name, serial number, etc. of the electoral roll,
it can be made up with correct particulars given in another nomination paper of the
same candidate. All the nomination papers presented to you and the Assistant Returning
Officer must be scrutinized by you. Merely, because one or more nomination papers of a
candidate have been already found valid by you, it would not be correct or legal to pass
over other nomination papers of that candidate without scrutiny.
Objections and Summary Enquiry - reasons to be recorded in every case of
objection or Rejection
5. Even if no objection has been raised to a nomination paper, you have to satisfy
yourself that the nomination paper is valid in law. If any objection is raised to any
nomination paper, you will have to hold a summary inquiry to decide the same and to
treat the nomination paper to be either valid or invalid. Record your decision in each
case giving brief reasons particularly where an objection has been raised or where you
reject the nomination paper. The objector may be supplied with a certified copy of your
decision accepting the nomination paper of a candidate after overruling the objections
raised by him, if he applies for it. Your decision may be challenged later in an election
petition and so your brief statement of reasons must be recorded at this time.
Presumption of validity
6. There is a presumption that every nomination paper is valid unless the contrary
is prima facie obvious or has been made out. In case of a reasonable doubt as to the
validity of a nomination paper, the benefit of such doubt must go to the candidate
concerned and the nomination paper should be held to be valid. Remember that
whenever a candidate's nomination paper has been improperly rejected and he is
prevented thereby from contesting the election, there is a legal presumption that the
48
result of the election has been materially affected by such improper rejection and the
election will, therefore, be set aside. There is no such legal presumption necessarily in
the converse case where a candidate's nomination has been improperly accepted. It is
always safer, therefore, to be comparatively more liberal overlooking minor technical or
clerical errors rather than being strict in your scrutiny of the nomination papers.
Scrutiny quasi-judicial duty
7. While holding the scrutiny of nomination paper, you are performing an
important quasi-judicial function. You have, therefore, to discharge this duty with
complete judicial detachment and in accordance with highest judicial standards. You
must not allow any personal or political predilections to interfere with the procedure
that you follow or the decisions you take in any case.Fairness, impartiality and equal
dealing with all candidates are expected of you by law. You must also deportyourself in
such a manner asit would appear to all concerned that you are following this high code
of conduct. Even if a candidate or his agent is difficult or cantankerous, you must
exercise courtesy and patience. But at the same time you have to be firm so that your
task may be accomplished in a prompt, orderly and businesslike manner.
Crucial date for determining qualifications / disqualifications
8.1 You will notice that sub-section (2)(a) of section 36 of the Representation of
the People Act, 1951 clarifies that the qualification or a disqualification of a candidate
should be related to the date fixed for scrutiny of nominations. This is sometimes
material e.g. in regard to the age of a candidate or in regard to being an elector in a
Constituency, in regard to the subsistence of a contract with government, etc., in
deciding whether a person is disqualified to contest the election. You should, therefore,
see whether the disqualification subsists on the date fixed for scrutiny.
8.2 Chapter III of Part II of the Representation of the People Act, 1951 deals with
disqualifications for membership of Parliament and State Legislatures. You should
carefully study these provisions.
Grounds which are Insufficient for rejection of Nomination Paper
9.1 Do not reject any nomination paper on the ground of any defect which is not of
a substantial character [Section 36(4)]. Any mistake or error of a technical or clerical
nature should, therefore, be ignored by you.
9.2 Also, a nomination paper should not be rejected for the reason only that none
of the persons referred to in section 36(1) was present at the time of scrutiny of
nomination; it should be accepted or rejected on merits, taking all the available material
into account.
9.3 In the past there were instances where nomination papers were rejected on
flimsy grounds e.g. for mistakes made in the nomination paper regarding: (a) the year of
election or (b) the exact name of the House of the Legislature or the Constituency, (c) the
description of an electoral roll number or (d) some discrepancy between the age, name,
or other particulars of the candidate or his proposer as given in the nomination paper
and in the electoral roll and so on. Such unjustifiable and improper order of rejection on
technical grounds can lead to election petitions and the eventual setting aside of election
with consequent avoidable waste of time, money and labour for all concerned. The
Returning Officershould interpret the provisions of the law intelligently and with
common sense. Do not, therefore, reject any nomination paper for such technical or
clerical error or discrepancies. Most of them can and should be directed by you to be set
right at the time of the presentation of the nominations paper [Section 33(4) proviso]. It
would, therefore, be very improper if you fail at the proper stage to help a candidate by
exercising your powers and discretion under the proviso to section 33(4) and later at
the time of scrutiny you reject his nomination paper on the ground of those very defects
which could have been set right under that section. You should examine meticulously
the receipts for payments made as deposit either in the Reserve Bank of India or in a
Government Treasury with reference to the seals of the Treasury or Bank, etc. and make
49
sure that the deposit has actually been made in the Bank or Treasury. It may be ensured
that where a Treasury is a "Banking Treasury' the payment receipt of the Bank is
endorsed on the challan. Doubts, if any, should be got clarified then and there.
Grounds for Rejection of Nomination Papers
10. You must reject a nomination paper, if—
(i) the candidate is clearly not qualified in law to be a member of the Parliament or
Legislature concerned, ( Qualification for election to Council of States have been
prescribed in Article 84 of the Constitution and in Section 3 of the Representation of the
People Act, 1951. Disqualifications are given in Article 102 (1) of the Constitution and in
Section 8 to 10A of the Representation of the People Act, 1951. In election to Legislative
Council the Qualification are given in Article 173 of the Constitution and Section 6 of RP
Act, 1951. Disqualification are given in Article 191 (1) of the Constitution and in Section
8 to 10A of the RP Act, 1951) or
(ii) the candidate is clearly disqualified in law to be such member, or
N.B The Commission will supply to you through the Chief Electoral Officer consolidated
list of persons who have incurred disqualification under Sections 8-A and II -A(b) for
corrupts practices) and 10-A (for failure to lodge account of election expenses) of the
R.P. Act, 1951. In other cases you may, if necessary, consult the Chief Electoral Officer of
the State/Union territory.
(iii) the nomination paper has been delivered before 11 AM or after 3 PM onany of
the days notified for making nominations, or
(iv) the nomination paper has been delivered to you or to your specified Assistant
Returning Officer by a person other than the candidate himself of his proposer, or
(v) the nomination paper has been delivered at a place other than that specified in
the public notice, or
(vi) the nomination paper has been delivered to a person other than yourself or
your Assistant Returning Officer, specified by you (in public notice in format) in this
behalf, or
(vii) the nomination paper is not substantially in the prescribed form, or
(viii) the nomination paper has not been signed by the candidate or requisite no.
ofproposers,or
(ix) Any of the proposer is not an elector of the Constituency or
(x) the proper deposit has not been made in accordance with section 34/39, or
(xi) the oath or affirmation is not made by the candidate as required under the
Constitution of India, or
11. It should be noted that under the law it is not necessary that a candidate for
election from a Graduates’ Constituency or a Teachers’ Constituency should be a
graduate or teacher. Therefore, a nomination paper in such a Constituency should not be
rejected on the ground ofthe candidate not being a graduate or, as the case may be, a
teacher.
12. You should invariably record the reasons for rejecting a nomination paper on
the spot and supply certified copies of the orders immediately in cases where all the
nomination papers filed by a candidate have been rejected by you. This shall be done
even in the absence of an application from him and without payment. Where one of the
nomination papers of a candidate is accepted by you, in that case, you shall supply a
certified copy thereof to the candidate if he applies for it.
Adjournment of hearing of Objection
13. If a candidate to whose nomination paper, an objection has been taken applies
for time to rebut such objection you should adjourn the hearing of the objection till the
next day or the day after that. The scrutiny of the other nomination papers must, of
course, be completed on the day of scrutiny notwithstanding such adjournment in
respect of one or more nomination papers. If the day next is a holiday, the hearing
should be completed before 11 AM on the day fixed for withdrawal of candidatures.
50
List of Validly Nominated candidates
14. When the scrutiny has been completed, draw up a list of the validly nominated
candidates, in Form 4 appendix to the Conduct of Elections Rules, 1961. There will be
one entry only in respect of each validly nominated candidate in the list, although more
nomination papers than one in respect of him may have been accepted as valid by you.
Do not enter the name of any candidate in this list if none of his nomination papers has
been found valid on scrutiny.
Correction in the Name of a Candidate
15. If a candidate considers that his name is incorrectly spelt or is otherwise
incorrectly shown in his nomination paper or is different from the name by which he is
popularly known, he may, at any time before the list of contesting candidates is
prepared, furnish in writing to you the proper form and spelling of his name and you
shall on being satisfied as to the genuineness of the request, make the necessary
correction or alternation in the list in form 4 and adopt that form and spelling in the list
of contesting candidates.
Alphabetical Arrangement of Name of Candidates
16.1 You will determine the arrangement of the name of candidates in alphabetical
order in the list of validly nominated candidates, the list of contesting candidates and
also in ballot papers on the basis of the first letter of his name irrespective of whether
the name given is the proper name or surname. The initials, if any, prefixed to the name
of candidates should be ignored for the aforesaid purpose. Thus in the case of a
candidate giving his name as 'T.K. Reddy', the place of that candidate in the said lists
according to alphabetical order should be determined with reference to the letter “r”
and not “T”. If two candidates have the same name but different initials, or example, P.S
Reddy and T.K. Reddy, then the two names should be arranged with reference to the first
letter of the initials, further, if two or more candidates have the same names but
different surnames, then their names should be arranged in alphabetical order with
reference to the surnames.
16.2 Rules 22(3) and 30(3) of the Conduct of Elections Rules, 1961 provide that 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. In such cases, the
arrangement of names in the list of contesting candidates and in the ballot papers will be
with reference to the distinguishing names of the candidates.
16.3 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 in the list of validly nominated candidates and in ballot papers.
17. Arrange in this list the names of the candidates alphabetically according to the
script of the language first specified in S.O. No. 39/67, dated 30-5-1967 (relating to
election to State Legislative Councils) Or S.O.No. 2/78 dated 24-2-1978 (relating to
election to the Council of States) as may be applicable. These S.Os. are reproduced in
Annexure VI-A &VI-B.
18. Send two copies of the list to the Chief Electoral Officer by the next available
post or by special messenger, also forward one copy of the list along with an English
translation to the Election Commission. The list of validly nominated candidates should
be sent by you on the very day on which scrutiny of all nomination papers is completed
and dispatched immediately so that it reaches the Commission before the last date for
the withdrawal of candidatures.

51
 CHAPTER VII
WITHDRAWAL OF
CANDIDATURES
Notice of Withdrawal
1.1 Any candidate may withdraw his candidature by giving you a notice in Form 5
signed by him and delivered before 3 PM of the last date fixed for such withdrawal. Any
withdrawal after that hour is invalid and has no legal effect. Every notice of withdrawal
must be delivered to you by (i) the candidate, or (ii) his proposer, or (iii) his election
agent. The proposer or the election agent must, however, have been authorized in
writing by the candidate to deliver the notice of withdrawal on his behalf. If there is no
such authority or if the person so authorized by the candidate is neither his proposer
nor his election agent, the withdrawalis ofno effect and mustbe ignored. As each
candidate has more proposers than one in respect of different valid nomination papers,
he may authorize any one of them to deliver his notice of withdrawal to you and it will
be valid and must be given effect to if it has been delivered to you in time.
1.2 The scheme of section 30, 33 and 39 (1) of the Representation of the People
Act, 1951, is such that the public holiday should be ignored for election purposes,
Accordingly, the notice of withdrawal should neither be delivered to nor be received by
you on a day which is a public holiday under the Negotiable Instruments Act, 1881.
1.3 A candidate may give notice of withdrawal only after the scrutiny of
nomination is over. Such notice can be given on the date of scrutiny after the scrutiny is
over or on the next day, if it is not a public holiday, or, on the second day after the day of
scrutiny in terms of section 37 and if the second day is a public holiday, then on the next
succeeding day which is not a public holiday.
Receipt for withdrawal
2. Form 5 contains in its bottom portion a receipt which you have to fill in and
hand over to the person who delivers the notice of withdrawal to you. Detach the receipt
portion from the body of the form and hand it over to that person then and there, also fill
in the other particulars in the second portion of the notice of withdrawal below the
signature of the candidate. This document so completed will be your record of the
withdrawal.
Valid withdrawal not be Cancelled
3. Once a candidate has validly withdrawn his candidature, he cannot be allowed to
cancel such withdrawal and to continue as a candidate [Section 37 (2)].
Publication of Notice of Withdrawal
4. As soon as any valid notice of withdrawal is received by you, publish a notice
thereof in Form 6 (appendix in CE Rules, 1961) on you notice board.
List of Contesting Candidates- Preparation of
5.1 Immediately after 3 PM on the last day fixed for withdrawal of candidatures,
draw up a list in Form 7B (appendix in CE Rules, 1961 & reproduced in Annexure VII-A)
of contesting candidates that is to say, the candidates whose names were included in the
list of validly nominated candidates prepared by you in Form 4 and who have not
withdrawn their candidatures.
5.2 The list of contesting candidates should be prepared alphabetically in the
language or languages as specified in the Commission's S.O. No. 39/ 67, dated 30-5-1967
(relating to elections to State Legislative Councils) or S.O.No. 2/78, dated 24.2.78
relating to Council of States), as may be applicable. These S.Os. are reproduced in
Annexure VI-A.
5.3 In the list of contesting candidates, you have also to mention the party
affiliation of the candidate if he has been set up by any Recognized National or State or
Registered Unrecognized Political Party. The candidate may have made a declaration in
his nomination paper that he has been set up by a particular political party.
Publication of list of Contesting Candidates
52
 6.1 Immediately after the preparation of the list of contesting candidates, cause a
copyof the list to be affixed in some conspicuous place in your office. You shall also
supply a copy of the list to each contesting candidate or his election agent.
6.2 Sub-rule (1) of rule 31 requires a copy of the list of contesting candidates to be
displayed outside each polling station on the day of poll.
6.3 Inform the Chief Electoral Officer immediately by telegram or special
messenger the names of the contesting candidates. Any delay may seriously affect the
programmes for printing of ballot papers. Also send forthwith a copy of the list along
with its English version to the Election Commission.
Publication of List of contesting candidate in the Official Gazette
7.1 Rule 11(2) of the Conduct of Elections Rules, 1961, requires that you shall
publish the list of contesting candidates in the Official Gazette. The responsibility for
getting the list published in the Gazette is thus laid on you. But as the press may not
accept notifications direct from you for publication in the gazette, the Commission has
directed that the publication of these lists should be arranged through the Chief
Electoral Officer in the case of elections to the state Legislatures and the Election
Commission of India in the case of elections to Parliament. The lists of contesting
candidates of elections to the Council of States shall be sent to the Election commission
who will get it published in the Gazette of India and also ask the Chief Electoral Officer,
of the State concerned to get it republished in the concerned State Govt. gazette. The list
of contesting candidates for State Legislative councils shall be sent to the Chief Electoral
Officer of the State concerned who will get it published in the State Govt. gazette. As,
however, all these elections, are held under the superintendence, direction and control
of the Election Commission, these notifications should indicate at the top that they are
notifications of the Election Commission of India. The specimen forms of notification for
publishing the list of contesting candidates in the Official Gazette at biennial elections as
well as bye-elections, are given at Annexure VII-D.
7.2 It is necessary to prepare a list of contesting candidates even in the case of
uncontested election. It is, however, not necessary to publish it in the Official Gazette.

53
Safe Deposit of papersrelating to Nominations, Scrutiny and Withdrawal of
Candidatures.
8.1 All election papers and proceedings relating to nominations, scrutiny and
withdrawal of candidatures for an election should be put together in a packed or
envelope and should be sealed with your seal. The particulars of the election and a brief
description of its contents should be noted on the packetor envelope for ready reference.
8.2 In the case of an election to the Council of States or State Legislative Council by
the members of State Legislative Assembly, these papers are required to be kept in the
safe custody of the Returning Officer.
8.3 In the case of election to a State Legislative Council from a Council
Constituency, these papers should be transferred to the District Election Officer for safe
custody, like all other election papers after the declaration of result of the election.
Issue of Identity Cards to Contesting Candidates
9.1 After the finalization of the list of contesting candidates, issue an identity card
to each contesting candidate in the form given below:
CANDIDATE'S IDENTITY CARD
Shri........................................is a contesting candidate for
election to the …………………………..............................
from………………………………..................... ...
and is set up by the ................................................party.
Place........................ .................................
(Signature of the candidate)
Date......................... Attested by
……………………
(Returning Officer)
(Seal)
N.B.— If the candidate is set up by a National Party or a State Party or a registered
unrecognized Party you should enter the name of the Party, otherwise last line in the
form should be scored out.

9.2 You must keep required number of forms of identity cards ready for this
purpose. Use a thick card-board for the above purpose.
Appointment of election agents
10.1 Note that under the law, it is not necessary or incumbent on a candidate to
appoint an election agent at the time of filing of his nomination paper. Such appointment
may, if the candidate so desires, be made at any time he likes or not at all. In other
words, the appointment of an election agent has, in the first place, been made optional
and, secondly, has been made independent of the time of nomination. Every such
appointment has to be made by a formal communication by the candidate in form 8 in
duplicate which has to be forwarded to you. Return one copy thereof to the election
agent after affixing thereon your seal and signature in token of your approval of the
appointment.
10.2 Any person who is for the time being disqualified under the Constitution or
under the Representation of the People Act, 1951, for being a member of either House of
Parliament or either House of the Legislature of a State or for voting at elections, shall so
long as the disqualification subsists, also be disqualified for being an election agent at
any election.
10.3 While Appointing Election Agents/Polling Agents/ Counting Agents:-
(i) It should be ensured that no person who is employed in Govt./Semi Govt.
offices nor any person who is holding a post accruing political benefit shall be
allowed to be appointed as Election Agent/ Polling agent/ Counting agent of
a contesting candidate.
54
 (ii) Election Agents/ Polling Agents/Counting Agents should not be office
bearers of the Local Bodies (rural or urban local bodies) such as Sarpanchs,
Pradhan, ZillaPramukh, Mayor, Dy. Mayor etc.
(iii) Election Agents/Polling Agents/Counting Agents should be persons from the
same Legislative Council Constituency.
10.4. Appointment of Authorised Agents in Form 22A
Rule 39AA (2) of the Conduct of Elections Rules, 1961 does not specify who shall be
the authorized agents of the Party, and apart from that the election to the Council of
States have a system of ‘Open Ballot Paper’. Hence, an MLA or Minister can also be
appointed as the Authorized Agent of the political party in respect of election to the
Council of States, provided that they have no security cover given by the State or
Central Government/Security Agencies. An MLA or Minister having security cover
will not be allowed to surrender his security cover to act as such agent of a
candidate/Party.
Also, any other person having security cover will not be allowed to surrender his
security cover to act as such agent of a candidate or Party.
The above instruction shall also be applicable to the appointment of polling
agents/counting agents/election agents in respect of election to the Council of
States/ Legislative Council.
In election to Council of States same person cannot be appointed as the authorised
agent of more than one party.
Revocation of Appointment of Election Agent
11. A candidate may revoke the appointment of election agent at any time by a
letter in Form 9 (CE Rules, 1961) which is to be lodged with you in order to take effect. If
an election agent's appointment has been revoked or if he dies, the candidate may
appoint another election agent in his place.

55
TRAINING FOR POLLING/COUNTING OFFICIALS
12. A training programme may be organized for all the Polling Officials and
Counting Officials to make them thorough about the procedures of poll and counting of
votes.
Attention of Candidates to be invited to Law Relating to Corrupt Practices and
Electoral Offences
13. For the sake of purity of elections and for the guidance of the contesting
candidate, you should draw attention of the contesting candidates by a notice in writing
to the provisions relating to the corrupt practices and electoral offences in the
Representation of the People Act, 1951 and offences relating to elections contained in
Chapter DC-A in the Indian Penal code. The candidates should be clearly informed in the
said notice that the list contained in the notice should not be taken as exhaustive. For the
purpose of giving such notice, a model form is given in Annexure VII-D. The above
notice may be issued to the contesting candidates immediately after the last date fixed
for the withdrawal of candidatures.
Intimation to Contesting Candidates regarding Restrictions on the Printing of
Pamphlets or Posters, etc.
14.1 Section 127A of the Representation of the People Act, 1951 requires that
every election pamphlet or poster should have on its face the names and addresses of
the printer and publisher thereof, and that within a reasonable time after the printing of
the document, one copy of the declaration as to the identity of the publisher together
with a copy of the document should be sent to the Chief Electoral Officer of the State, if
printed at the state capital, or to the District Magistrate of the district in which it is
printed. Any contravention of these provisions shall be punishable with imprisonment
for a term which may extend to six months, or with fine, which may extend to two
thousand rupees, or with both.
14.2 In order that there is a strict observance of, and compliance, with the
requirements of the above mentioned provisions of law on the subject, the Commission
has issued the following directives :-
1. The District Magistrates and other concerned authorities shall be instructed that
they should write to all printing presses in their districts -
(i) pointing out to them the requirement of the above mentioned section 127A
and instructing them to indicate clearly in print line the names and addresses of printer
and publisher;
(ii) asking them to send four copies of the printed material and the declaration
of the publisher within ten days of its printing, the failure of which would be treated as a
violation of the above provisions;
(iii) impressing upon them in clear terms that anyviolation of provisions of
Section 127A would be very seriously viewed and stern action, which may in
appropriate cases include even the revocation of the license under the relevant law,
would be taken.
2. The printer shall be asked to furnish along with the declaration and a copy of the
printed material, the particulars regarding number of copies of the pamphlets, etc.
printed and the price charged for such job in a proforma prescribed by the Commission,
duly signed and authenticated by such printer.
3. The District Magistrates shall exhibit at some conspicuous place in the office, all
the election posters, pamphlets, etc. received by them from the printing presses so that
the candidates and other interested persons may be able to check in respect of which
documents the requirements of law have been complied with, so as to enable them to
bring to the notice of the authorities concerned the cases of other election posters,
pamphlets, etc., in respect of which the above requirements of law have been violated.

56
 The Chief Electoral Officers shall also do likewise in respect of such documents
received by them.
4. One copy of such printed matter shall also be sent to the Commission by the
District Magistrate, or as the case may be the Chief Electoral Officer.
5. The District Magistrates and other authorities charged with the detection and
investigation of offences shall be instructed that they should initiate prompt action and
investigation if any case of publication of election poster, pamphlet, etc. in violation of
the abovementioned provisions of section 127A either comes, or is brought, to their
notice. In all such cases, prosecutions should be launched against the offenders
expeditiously.
14.3 The Commission's note on the subject and the proformaprescribed for
furnishing of information by printing presses are reproduced in Annexure VII-E and VII-
F.
14.4 On the last date fixed for the withdrawal of candidatures, you should supply
to each contesting candidate an extract in full of the provisions of section 127A of the Act
and also a copy of the Commission's note and the prescribed Performa referred to
above(Annexure VII-E & VII-F). You should also inform the contesting candidates of the
provisions of law and the Commission's above directives in this regard and request them
to bring any instance of the violation of the law to the notice of the Chief Electoral Officer
when the election pamphlet or poster is printed in the capital of the State and in any
other case, to the District Magistrate of the district in which it is printed. On receipt of
such information, the Chief Electoral Officer or the District Magistrate will cause the
matter to be investigated immediately and take appropriate action under the law.
14.5 You are also advised to issue a press note for the guidance of printing presses
so as to enable them to comply with the mandatory provisions in section 127A of the
Act.

57
 CHAPTER VIII
UNCONTESTED ELECTION

Declaration of result of Uncontested Election

1.1 If in any election the number of contesting candidates is equal to the number of
seats to be filled, declare all such candidates to be elected to fill those seats, immediately
after the last hour fixed for withdrawal of candidatures [Section 53(2) of the
Representation of the People Act, 1951]. In that event a poll is not necessary.
1.2 If the number of contesting candidates is less than the number of seats to be
filled, then also declare all such candidates to be elected and report the matter to the
Election Commission for issuing further notification under Section 53(3) of the
Representation of the People Act, 1951 for filling the remaining seats.
2. You shall declare the result of election in Form 21A or 21B (CE Rules, 1961) as
may be appropriate.

Completion of Return of Election

3. After making the declaration of result of election as above, complete the return
of election in Form 23B (CE Rules, 1961) after suitable adaptation and deletions, as
necessary. Mention that the election was uncontested.

Report of result of Uncontested Election

4.1 Report the result of such uncontested election by sending a copy of your
declaration in form 21A/21B to
(i) the Election Commission;
(ii) the Government of India in the Ministry of Law and Justice, in the case of an
election to the Council of States; or
the State Government, in the case of election to the State Legislative Council;
(iii) the Secretary General of the Council of States; or
the Secretary of the State Legislative Council, in the case of election to that
Council;
(iv) the Chief Electoral Officer of the State/Union Territory.
N.B.—It is only after this report is received from you that the appropriate authority will
be able to publish the declaration in the Official Gazette as laid down in Section 67. In a
bye-election any delay on your part in forwarding the report to the Secretary of the
House concerned may also entail delay in that Secretariat taking further action to
administer oath to the elected member and admit him into the House.
4.2 The date to be given on the declaration should be the date on which the result
of election is declared and not the date on which the declaration is dispatched. Even if
occasion arises when you have to rectify some error in your original declaration, there
should be no change in that date which should continue to be the date on which the
result was declared.

Certificate of Election
5.1 As soon as may be after a candidate has been declare elected, you should grant
to such candidate a certificate of election in Form 24 (CE Rules, 1961) and obtain from
him an acknowledgement of its receipt duly signed by him. It is essential that this
acknowledgement is signed by the candidate himself and his signature is attested by you
personally before dispatch. The acknowledgement Form is given in Chapter XIII.
Immediately thereafter, send the acknowledgement by registered post tothe Secretary
General of the RajyaSabha or, as the case may be, the Secretary of the State Legislative
Council. This is very important as otherwise the elected candidate will not be able to
take his seat in the House promptly. This acknowledgement is required by the

58
authorities concerned for verifying the identity of the elected candidate at the time of
making and subscribing oath or affirmation by him as member of the House.
5.2 If the elected candidate is not present at the time of declaration of result and
also does not visit the locality shortly thereafter, the certificate may be handed over to a
person duly authorised by him in this behalf and personally known to you. The
acknowledgement (duly signed by the candidate) shall also be obtained through the
same person.

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 CHAPTER IX
BALLOT PAPERS AND BALLOT
BOXES
General
1.1 With the withdrawal of candidatures and the preparation of the lists of
contesting candidates, the first stage of election process comes to an end. Then begins
the second stage of preparation for the actual conduct of election. This stage is very
crucial. Great care and planning for adherence to the time schedule are essential.
1.2 The minimum interval between the last date for withdrawal of candidatures
and the first day of poll is 7 days in the case of elections to the Council of States and State
Legislative Councils by Members of Legislative Assembly and 14 days in the case of
elections to the state Legislative Councils from Council Constituencies. The time
available is very short and during this short period the ballot papers are to be printed
and distributed.
Ballot Papers—Form and Language
2. The postal and ordinary ballot papers for elections to the Council of States and
state Legislative Council are to be printed in such form and language (s) as may be
directed by the Commission under rules 22 and 30(1) read with rule 70 of the Conduct
of Elections Rules, 1961. The directions issued by the Commission in this behalf and as
amended from time to time are reproduced below. These directions should be strictly
followed while getting the ballot papers printed :-
Form and Language of Ballot Papers for Election by Members of Legislative
Assembly

S.O. No. 322/2015(1)—In pursuance of sub-rule (1) of rule 22 and sub-rule (1) of rule
30, read with rule 70 of the Conduct of Elections Rules, 1961 and in supersession of its
directions contained in S.O. 3/71 of, 1971as subsequently amended, the Election
Commission hereby directs that the ballot papers for an election by Members of
Legislative Assembly shall be prepared as indicated below:
(i) Every ballot paper shall have a counterfoil attached to it. The counterfoil shall be
at the top of ballot paper and its depth shall not ordinarily exceed 15cms. The
counterfoil shall contain the following:
a. Space for stitching at the top of the counterfoil;
b. a black border of .5 cm (5 mm) at the top of the counterfoil;
c. The particulars of the election shall be printed immediately below item
(b) above or on the back of the counterfoil as may be convenient;
d. "serial No. of elector" on the left hand or right hand, as may be
convenient;
e. Serial number of the ballot paper on the left hand side either on the front
or on the back as may be convenient;
f. Place for signature or thumb impression of elector just above the words
“Signature/Thumb impression" on the right hand side; and
g. One block of lines of .5 cm (5 mm) with a perforated rule/disjointed
straight line below separating the ballot paper from counterfoil.

(ii) There shall be one block of lines .5 cm (5 mm) below the perforated
rule/disjointed line on the ballot paper.
(iii) The width of the ballot paper shall be 15 cm irrespective of the number of
candidates. The length of the ballot paper excluding the counterfoil and the heading shall
be 20 cm where the number of candidates is 4 or less (including NOTA). When the
number of candidates is more than 4, the length of the ballot paper shall be determined
at the rate of 4 cm for the panel of each candidate. The panel of each candidate shall be
uniform in all cases. Just below the heading of the ballot paper, three vertical lines shall
60
be drawn from its top to bottom dividing the width of theballot paper into four columns.
The first column on the left hand side shall be 2 cm in width for the serial number of
each candidate to be printed. The second column shall be 8 c.m. in width and the
name of each candidate and the party affiliation or the word “Independent”, as the
case may be, shall be printed in the column on the panel reserved for him. Third
column shall be 2 c.m. in width for the stamp sized (2 c.m. X 2.5 c.m.) photograph of
the candidate. The last column on the right hand side of the vertical line shall be 3
cm in width. This column will be used by voters for making their preference(S).
(iv) The space between the names of any two candidates shall be divide by means of a
single thick horizontal line.
(v) (a) At the top of the ballot paper portion; the following headings shall be printed
in a horizontal row, in small letters with a thick line below:-
“Serial Number of Candidate”, “Name of Candidate with party affiliation if any”,
“Photograph of the dandidate” and “Mark order of preference.
(b) Under the column “Serial number of the candidate”, running serial numbers
for each candidate starting from 1 (International from of Indian numeral) shall be
given.
(c) Under the column, “Name of Candidate with Party affiliation, if any,” the name
of the Candidate and immediately below the name of the candidate, the party
affiliation, if any, of the candidate, shall be printed. In the case of candidates
without any party affiliation, the word “Independent” shall be mentioned
immediately below the name of such candidate.
(vi) On the reverse side of the ballot paper, the particulars of the election shall be
printed at the bottom.
(vii) The serial number of the ballot paper shall be printed on the left hand side either
on the front or on the back as may be convenient.
(viii) The particulars on the ballot paper in respect of an election in a State/Union
territory specified in column 1 of the table below shall be printed in the language or
languages specified in the corresponding entry in column 2.
TABLE
Name of State/Union territory Language or Languages
(1) (2)
Andhra Pradesh Telegu and English
Arunachal Praesh English
Assam Assamese and English
Bihar Hindi
Chhatisgarh Hindi
Gujarat Gujarati
Goa Konkani in Devnagri Script, Marathi and
English
Haryana Hindi
Himachal Pradesh Hindi
Jammu and Kashmir Urdu and English
Jharkhand Hindi
Karnataka Kannada and English
Kerala Malayalam
Madhya Pradesh Hindi
Maharashtra Marathi
Manipur Manipuri and English
Meghalaya English
Mizoram English
Nagaland English
61
 Orissa Oriya
Punjab Punjabi
Rajasthan Hindi
Sikkim English, Nepali and Tibetan
Tamil Nadu Tamil
Tripura Bengali and English
Uttar Pradesh Hindi
Uttarakhand Hindi
West Bengal Bengali and English
Telangana Telegu and English
Delhi Hindi and English
Pondicherry Tamil and English

(ix) The postal ballot paper will be of the same design as the one to be used at the
place of poll except that the words “Postal Ballot Paper” will be stamped on the back of
the ballot paper.
(x) The ballot papers will be stitched into convenient bundles with consecutive serial
numbers. It will be ensured that the serial numbers on each ballot paper and its
counterfoil are identical.
(xi) In case of ballot papers for election to Legislative Council by the members of
Legislative Assembly, the serial number of the Ballot papers shall be concealed with a
thick black paper of suitable size gummed at the form comes over the serial number.

(xii) A sample ballot paper is Annexed at (Annexure IX-A).

FORM AND LANGUAGE OF BALLOT PAPERS FOR COUNCIL CONSTITUENCIES

NO. 322/2015(2)—In pursuance of sub-rule (1) of rule 22 and Sub-Rule (1) of rule 30,
read with Rule 70 of the Conduct of Elections Rules 1961, and in suppression of its
direction contained in S.O. No. 5/72 dated the 5th February, 1972, as subsequently
amended, the Election Commission hereby directs that the ballot papers for an election
to a Legislative Council from a Council Constituency shall be prepared as specified
below:--
(i) Every ballot paper shall have a counter foil attached to it. The counterfoil shall be
at the top of ballot paper and its depth shall not ordinarily exceed 6 cm. The
counterfoil shall contain the following:--
a. Space for stitching at the top center of the counterfoil;
b. A black border of 0.5 cm (5 mm) at the top of the counterfoil;
c. The particulars of the election shall be printed immediately below item
(b) above;
d. “Electoral Roll Part No.” and “Serial No. of Elector” on the left hand
side;
e. Serial number of the ballot paper on the left hand side on the back of
the counterfoil of ballot paper;
f. Place for signature or thumb impression of elector just above the
words “Signature/Thumb impression” on the right hand side, on the
front side; and
g. One block of lines of 0.5 cm (5 mm) with a perforated rule/disjointed
straight line below, separating the ballot paper from counterfoil.

(ii) There shall be one block of lines of 0.5 cm (5 mm) below the perforated
rule/disjointed line on the ballot paper.

62
 (iii) The width of the ballot paper shall be 15 cm irrespective of the number of
candidates. The length of the ballot paper excluding the counterfoil and the
heading shall be 20 cm where the number of candidates is 4 or less (including
NOTA). When the number of candidates is more than 4, the length of the ballot
paper shall be determined at the rate of 4 cm for the panel of each candidate. The
panel of each candidate shall be uniform in all cases. Just below the heading of
the ballot paper, three vertical lines shall be drawn from its top to bottom
dividing the width of the ballot paper into four columns. The first column on the
left hand side shall be 2 cm in width for the serial number of each candidate to be
printed. The second column shall be 8 c.m. in width and the name of each
candidate and the party affiliation or the word “Independent”, as the case
may be, shall be printed in the column on the panel reserved for him. Third
column shall be 2 c.m. in width for the stamp sized (2 c.m. X 2.5 c.m.)
photograph of the candidate. The last column on the right hand side of the
vertical line shall be 3 cm in width. This column will be used by voters for
making their preference(S).
(iv) The space between any two candidates should be divided by means of a single
thick horizontal line.
(v) (a) At the top of the ballot paper portion; the following headings shall be
printed in a horizontal row, in small letters with a thick line below:-
“Serial Number of Candidate”, “Name of Candidate with party affiliation if
any”, “Photograph of the candidate” and “Mark order of preference.
(b) Under the column “Serial number of the candidate”, running serial numbers
for each candidate starting from 1 (International from of Indian numeral)
shall be given.
(c) Under the column, “Name of Candidate with Party affiliation, if any,” the name
of the Candidate and immediately below the name of the candidate, the party
affiliation, if any, of the candidate, shall be printed. In the case of candidates
without any party affiliation, the word “Independent” shall be mentioned
immediately below the name of such candidate.
(vi) On the reverse side of the ballot paper, the particulars of the election and the
serial number of the ballot paper should be printed.
(vii) The particulars on the ballot paper, other than serial number, shall be—
(a) (i) in the case of Local Authorities’ Constituency, in the language or
languages in which the electoral roll or any part of the electoral roll for the
Constituency has been prepared;
(ii) in the case of Graduates’ or Teachers’ Constituency, in the language
or languages indicated below:
State Language or Languages
(1) (2)
Andhra Pradesh Telugu and English
Bihar Hindi
Maharashtra Marathi and English
Karnataka Kannada and English
Telangana Telugu and English
Uttar Pradesh Hindi

(b) all numbers including serial number on any ballot paper shall be in the
international form of Indian numerals.

63
(viii) The postal ballot papers will be of the same design as the one to be used at the
polling station Except that the words “ Postal Ballot Paper” will be stamped on the back
of the ballot paper.
(ix) Where elections to the Graduates, and Teachers Constituencies are held
simultaneusly, the ballot papers for the Graduates’ Constituency election shall be
printed on paper of white color and for Teachers’ Constituency election on pink color.
(x) The ballot papers will be stitched into convenient bundles with consecutive serial
numbers. It will be ensured that the serial numbers on each ballot paper and its
counterfoil are identical.
(xi) In the case of ballot papers for Local Authorities’ Constituencies, the serial
number on the ballot paper onlyshall be concealed with a thick black paper of
suitable size gummed at the four corners over each such serial number without
concealing the serial number on the counterfoil of ballot paper.
(xii) A sample ballot paper is Annexed at (Annexure IX-B)

Printing of ballot papers-photograph of candidate to be also printed along with

the other particulars
The Commission has noted that there are many cases where candidates with same or
similar names contest from the same constituency. Although appropriate suffixes are
added to the names of candidates in the event of two or more candidates having same
name, the Commission considers that additional measures are required for removing
confusion in the minds of electors at the time of voting. There is also a writ petition on
this very subject pending before the Hon’ble Supreme Court [WP(C) No. 541 of 2014-
Akash Gahlot Vs. Election Commission of India & another].
Having considered all aspects of the matter, the Commission in partial modification of its
existing directions under Rule 22, Rule 30 and Rule 49B of the Conduct of Elections
Rules, 1961, hereby specifies that for elections to be held from 1st May, 2015 onwards,
the postal ballot papers, the ordinary ballot papers and the ballot papers to be displayed
on the balloting unit of EVMs shall, in addition to the particulars as per the existing
directions, also contain the photograph of the candidate. The photograph of the
candidate shall be printed in the panel for the name of the candidate and shall appear on
the right side of the name in between the name and symbol of the candidate. The size of
the photograph printed on the ballot paper shall be 2cm.X2.5cm. (two cm. in breadth
and 2.5 cm. in height).
The above direction for printing of photograph of candidate on the ballot paper shall
also apply in relation to elections by Assembly members and election from Council
constituencies. In respect of the said elections, the directions are in exercise of powers
under Rule 30 as made applicable to these elections by Rule 70 of the said Rules.
The specifications of the photograph are as follows:-
(i) Candidates are required to submit their recent photograph (taken during the
preceding period of 3 months before the date of notification).
(ii) Photograph should be of stamp size 2 cm. X 2.5 cm. (two cm. in breadth and 2.5
cm. in height) in white/off white background, with full face view directly
facing the camera, neutral facial expression with eyes open. The photo may be
in colour or black and white as may be convenient for the candidate.
(iii) Photograph should be in normal clothing. Photograph in uniform is not
permitted. Caps/hats should be avoided. Dark glasses also to be avoided.
The candidates at every election shall be required to submit their photograph
confirming to the above requirements/specifications alongwith their nomination papers
and, in any case, latest by the date fixed for scrutiny of nominations. The photographs
should bear the signature of the candidate/election agent on the reverse side of the
photograph. When the photograph is submitted, the candidate/election agent/proposer
submitting the photograph shall be asked to give a declaration stating that the
64
photograph being submitted is that of the candidate (mentioning the name and address)
taken during the period of preceding 3 months. A printed format for the declaration as
annexed (Annexure-IX-C) to this letter shall be kept with the RO/ARO for this purpose.

When the nomination is filed, if the photograph of the candidate is not submitted,
the RO shall give a notice asking the candidate to submit the photograph latest by the
date of scrutiny of nomination. In the same Notice, it shall also be added that if the
photograph is not submitted, his/her photograph will not be printed on the ballot paper.
If any candidate still fails or refuses to give his photograph, that candidate will not have
his photograph printed on the ballot paper. It may be added that non-submission of the
photograph by the candidate shall NOT be a ground for rejection of the nomination of
the candidate.
The Returning Officer shall display a list of validity nominated candidates with
the photographs of the candidates against their names on the day following the date
fixed for scrutiny of nominations. The Returning Officer shall inform the candidates at
the time of scrutiny that the photographs to be printed on ballot paper will be displayed
on his notice board on the next day (time may also be specified). If there is any error in
the photograph or other particulars, the candidates/others will get an opportunity to
point out the same to the Returning Officer for rectifying the error.

Provision of “None of the above” option on ballot paper for elections to

RajyaSabha

A doubt has been raised about applicability of NOTA option during elections to
RajyaSabha in the light of the Hon’ble Supreme Court judgment dated 27.09.2013 in W.P.
(C) No. 161 of 2004 (PUCL &Anr. Vs UOI &Anr.). The Commission has duly considered
the matter and it has been decided that the NOTA option will also be applicable for
elections to RajyaSabha. Accordingly, the Commission hereby directs that after the name
and particulars of the last candidate on the ballot paper another panel may be provided
and the words “None of the above (NOTA)” shall be printed therein in the languages in
which the ballot paper is printed as per the direction issued by the Commission in
pursuance of Sub-Rule (1) of Rule 22 and Sub-Rule (1) of Rule 30, read with Rule 70 of
the Conduct of Elections Rules 1961.

Marking of ballot paper for exercising the option of “None of the above” for
elections to RajyaSabha and Legislative Council Elections.

As per previous instructions,option for NOTA was to be marked with a cross or

tick mark against ‘None of the Above’ panel on the ballot paper. In supersession of all
previous instruction with regards to the “exercising the NOTA option, the new
instruction issued vide Commission’s letter No. 576/3/2015/SDR, Dated: 12th
November, 2015 as following:

There have been some cases where electors having marked 1st preference
against one of the candidates put cross mark or mentioned subsequent preference (2nd
3rd , etc,) against NOTA, which have led to rejection of the ballot paper. In the light of
such cases, the Commission has considered the matter afresh and, with a view to
ensuring the compliance of rule 73 (2) of the CE Rules 1961 and adoption of a uniform
approach towards the requirement of providing for NOTA option and the manner of
voting in preferential system using single transferable vote, the Commission has given
the following directions for exercising of NOTA option in elections to RajyaSabha and
State Legislative Councils:-
65
(i) Marking against NOTA shall be by way of writing figures 1,2,3, etc. as in the case
of marking preference for candidates, i.e. in international form of Indian numerals or in
the Roman form or in any Indian language;
(ii) If preference ‘1’ is marked against NOTA, it shall be treated as a case of not voting
for any of the candidate and such ballot shall be treated as invalid, even if ‘1’ is also
marked against any other candidate in addition to being marked against NOTA;
(iii) If 1st preference is validly marked against one of the candidates, and 2nd
preference is marked against NOTA, such ballot paper shall be treated as valid for the
candidate for whom 1st preference has been marked, provided there is no other ground
to invalidate it, under rule 73(2). In such case, at the stage of examining 2nd preference
is marked against NOTA. Similarly, if 1st and 2nd preferences are validly marked against
a candidate each and 3rd preference is marked against NOTA, the ballot shall be valid for
the first count and for the purposes of the 2nd preference, but, at the stage of examining
the 3rd preference, if such stage comes, the ballot shall be treated as exhausted. These
instructions shall apply for subsequent preferences also.
(iv) If 1st preference and subsequent preferences, if any, are validly marked against
the candidates and cross/tick is marked against NOTA, the ballot paper shall not be
rejected as invalid only on this ground, and the preferences marked against the
candidates shall be considered and counted accordingly. However, the general
provisions of the rules and the Commission’s instructions regarding marks that may
identify the voter shall apply in the case of the mark against NOTA option, and if the RO
considers that the mark put therein reasonably points towards identification of the
voter within the meaning of rule 73(2)(d), that would render the ballot liable to
rejection on that ground.
3. Some sample (Sample 1 to 7) markings on the ballot in accordance with the
above directions are attached herewith for more clarity. (Annexure- IX-D)

Particulars of Election Printed on Ballot Papers

3. The particulars of the election on the ballot papers shall be printed in the
manner indicated below:
Biennial election to the Council of States by the elected members of the
Legislative Assembly of ........................(State) - 20....
Bye-Election to the Council of States by the elected members of the Legislative
Assembly of .............(State) - 20...
Biennial election to the Council of States by the members of the electoral college
of .......................(Union territory) - 20....
Bye-election to the Council of States by the members of the electoral college of
...........................(Union Territory) – 20....
Biennial election to the ....................... (State) Legislative Council by the members
of the Legislative Assembly – 20....
Bye-election to the ........................ (State) Legislative Council by the members of
the Legislative Assembly – 20....
Biennial election to the......................... (State) Legislative Council from
………............................................ Council Constituency – 20....
Bye-election to the ……................. (State) Legislative Council from
………………………….................. Council Constituency – 20....
Assessment of the Requirement of Ballot Papers for Elections by Members of
Legislative Assembly.
4. The number of ballot papers to be printed for an election to the Council of States
or a State Legislative Council by Members of Legislative Assembly is to be calculated on
the basis of the number of electors rounded off to the next ten. 10% ballot papers,
subject to a minimum of ten and maximum of twenty five, should be allowed to be

66
printed extra for issue as postal ballot papers and for meeting contingencies like
defective ballot papers or ballot papers spoiled inadvertently by any elector, etc.
Assessment of the requirement of Ballot Papers for use in Council Constituencies.
5. The requirement of ballot papers for use in Council Constituencies should be
assessed in the following manner. The number of ballot papers with counterfoils to be
supplied to each polling station should be equal to the number of electors allotted to the
polling station, rounded off to the next ten. The sum total of the ballot paper as required
for all the polling stations in the Constituency should be rounded off to the next
hundred, to the total so ascertained another 5% ballot papers, subject to a minimum of
100 and maximum of 500, may be printed extra for issue of postal ballot paper, and for
meeting contingencies like defective ballot papers or loss of ballot papers at any polling
station etc. Proper register should be maintained of the total number of ballot papers
printed for each Constituency and of the total number of ballot papers supplied to each
Polling Station.

67
Colour of Paper for Printing Ballot Papers
5.A.1 The ballot papers for elections to the Council of States shall be printed on
paper of white colour. When there are two simultaneous elections, the ballot papers
should be printed on papers of white colour and pink colour respectively.
5.A.2 The ballot papers for all elections to the State Legislative Council shall be
printed on pink colour paper. Where, however, elections to the graduates and teachers
Constituencies are held simultaneously and some common polling stations are set up for
both the elections, the ballot papers for the Graduates Constituency’ shall be printed on
paper of white colour and for Teachers Constituency’ on pink colour paper, as already
mentioned in item (ix) of the directions relating to form and language of ballot papers
for Council Constituencies under Para 2 above.
Special Paper for Printing Ballot Papers for elections by Members of Legislative
Assembly
6. The ballot papers for elections to the Council of States and State Legislative
Councils by Members of Legislative Assembly should be printed on paper on which the
legend ‘Election Commission of India' is printed all over in light shade on one side. The
side on which the legend is so printed will form the reverse side of the ballot paper. The
legend 'Election Commission of India' should be printed in light shade so that the
particulars which have to appear on the reverse side of the ballot paper and the
distinguishing mark which is to be put on the back of ballot paper are clearly visible. For
saving time, sufficient quantity of paper with the legend 'Election Commission of India’
printed on one side in light shade should be kept in readiness so that printing of ballot
papers starts as soon as the list of contesting candidates is ready.
Concealment of Serial Numbers of Ballot Papers for use at elections to the State
Legislative Councils by Members of Legislative Assembly and from Local
Authorities’ Constituencies
7.1 rule 23(3) and 38A(5) read with rule 70 of the Conduct of Elections Rules,
1961, provide that before any ballot paper is issued or delivered to an elector at an
election to the State Legislative Council by Members of Legislative Assembly or from a
Local Authorities’ Constituency, its Serial Number shall be effectively concealed in such a
manner as the Election Commission may direct.
7.2 The directions issued by the Commission in pursuance of the above referred
rules provide that the serial number of every ballot paper should be effectively
concealed by placing a thick black paper of suitable size gummed at the four corners
over each such serial number. Before doing so, however, it shall be checked and verified
that the serial numbers on the ballot paper and its counterfoil are identical.
7.3 If the serial number of the ballot paper is visible on the reverse of the ballot
paper on account of the thinness of the paper used or the percolation of ink, such
impression on the reverse side should also be effectively covered by wholly pasting
thereon a piece of thick black paper.
7.4 It should be noted that such concealment is to be done only of the serial
number printed on the ballot paper and not on its counterfoil. In other words, the serial
number printed on the counterfoil of the ballot paper shall not be concealed.
7.5 The concealment of the serial numbers on the ballot papers before they are
issued to electors may be very inconvenient if done at the polling station. Therefore, this
work of concealment of serial numbers of the ballot papers, both postal ballot papers
and ordinary ballot papers, should be done either in the press itself or in your office
immediately after the ballot papers have been printed.
Distinguishing Mark on the Ballot Papers for use at elections by Members of
Legislative Assembly

68
 8.1 Every ballot paper before it is issued to an elector and its counterfoil, are
required under the Rules [Rule 38A(1) read with rule 70] to be stamped on the back
with such distinguishing mark as the Election Commission may direct.
8.2 In pursuance of above referred rule, the Commission has directed that the
distinguishing mark to be put on the back of the ballot paper and its counterfoil for use
at an election by Members of Legislative Assembly shall be the mark made by means of a
special brass seal with specific number which shall be specially supplied by the
Commission to the Returning Officer at each such election.
8.3.1 The said brass seal shall be prepared and kept by the Commission and shall
be supplied to the Returning Officer only on the eve of the poll.
8.3.2 The said brass seal must be returned by the Returning Officer to the
Commission within twenty four hours of completion of poll by registered insured post
and securely placed inside the container box in which it is supplied so that the brass seal
is not damaged in transit.
8.4 The above mentioned distinguishing mark may be stamped in the middle or at
any appropriate place on the back of the ballot paper in such a manner that in whatever
manner the elector folds the ballot paper, some portion of the distinguishing mark is
visible to the Presiding Officer or the Polling Officer in whose presence the ballot paper
is inserted into the ballot box. If in view of the large number of candidates and
consequent increase in size of the ballot paper this is not possible, the ballot paper may
be refolded in advance before issue to an elector in such a way that some portion of the
distinguishing mark is clearly visible when it is inserted in the ballot box.
Distinguishing Mark on the Ballot Papers for use at elections in Council
Constituencies
9.1 In pursuance of the above referred rule 38A( 1) read with rule 70, the
Commission has prescribed that the distinguishing mark to be put on the back of a ballot
paper and its counterfoil which is to be used at an election from a Council Constituency,
shall be the serial number of the polling station at which that particular ballot paper is
used. Thus, on the back of every such ballot paper and its counterfoil, the serial number
of the polling station where it is used shall be rubber-stamped. For instance, all ballot
papers issued to electors at polling station No. 53 in a Council Constituency shall be
stamped as : (53).
9.2 Where it is not found practicable to rubber stamp the serial number of the
polling station on the ballot paper on account of any unavoidable reason, it shall suffice
if the aforesaid serial number is noted by hand in ink on the back of each such ballot
paper and its counterfoil, and it may not be necessary to enclose that number within a
circle.
Instructions regarding Verification of Ballot Papers — time of issuing to Presiding
Officers in Council Constituencies
10. The ballot papers for elections to the Council of States/State Legislative
Councils will be supplied in convenient bundles. Each bundle will have consecutive
serial numbers. On receipt of the ballot papers you should check all of them to ensure
the following:
(a) The names of all the contesting candidates have been printed properly and
correctly.
(b) The serial number of the ballot paper corresponds with that on the counterfoil.
Where serial numbering is done by means of hand numbering machine, the
serial numbers will appear at the back of the ballot paper and counterfoil.
(c) There is no discrepancy in the number of ballot papers as sent by the Press and
the number found on actual counting at your end.
(d) Clear instruction should be given that ballot papers with duplicate numbers
and the number of ballot papers with missing numbers are clearly noted in a

69
 register and published on the notice board at the distributing centre. A copy
of the notice should be sent to each of contesting candidates.
(e) The ballot papers should be distributed only on the day before the poll, in
respect of polling stations which can be reached by the polling parties in one
day. In cases in which it will take more than one day for the polling parties to
reach the polling stations, the ballot papers should not be issued a day earlier
than absolutely necessary. In either case, from the moment the ballot papers
are delivered to the Presiding Officers, they should be provided with security
guards and they should proceed straight from the place of distribution to the
polling stations. In cases in which it requires more than one day for the
polling party to reach the polling station, it would be desirable not to deliver
the ballot papers to the Presiding Officers along with the other materials
required for the poll, but to arrange to distribute the ballot papers required
for each polling station through the sector offices who are required to visit
each polling station within their charge at least once on a day before the poll.
In that case, the ballot papers will be checked by the Presiding Officers at the
polling stations and their receipt will be obtained by the sector officers
concerned.
(f) The defective ballot paper, if any, in the stitched bundle of ballot papers
should be first removed from the bundle by the Returning Officer or by some
other responsible officer nominated by the Returning Officer and then that
bundle has to be re-stitched immediately by bostich machine or with thread.
If, in spite of the above procedure, any ballot paper is found defective at the
polling station, it will be cancelled by the Presiding Officer.
(g) The ballot papers should be allotted to each polling station having regard to the
number of voters (rounded off to the next ten) and for this purpose if need
arises, the required number of ballot papers should be taken out from the last
stitched bundle intended for that polling station and re-stitched. In that case
the supply of ballot papers to the next polling station will start from the first
serial no. of the re-stitched bundle and not from a new separate bundle.
Safe Custody of Undistributed Ballot Papers
11. Immediately after issuing the ballot papers to the Presiding Officers for the
poll is completed, the bundles of undistributed ballot papers should be put
inside a steel trunk or receptacle and that steel trunk or receptacle shall be
deposited in treasury/sub treasury or strong room till the election is
completed. These un-distributed ballot papers may be used for fresh polls or
adjourned polls, if necessary. Proper safeguards must however be taken to
ensure that undistributed ballot papers remain either under your personal
custody or the personal custody of any of your Assistant Returning Officers
nominated by you, and are not entrusted to mobile officers. After completion
of the election, this steel trunk or receptacle should be either sent to the Chief
Electoral Officer or kept in the treasury/sub-treasury under the orders of the
Chief Electoral Officer until the undistributed ballot papers therein are
destroyed in the manner required by the Rules and Orders. (See Chapter xv)
Facility to vote by Post—Supply and return of Postal Ballot Papers Persons
entitled to vote by Post
12.1 The following persons are entitled to vote by post, namely:
(a) at an election by members of Legislative Assemblies :-
(i) electors subjected to preventive detention; and
(ii) all electors if directed by the Election Commission in this behalf under
clause (a) of rule 68;
(b) at an election from a Council Constituency-
(i) voters on election duty;
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 (ii) electors subjected to preventive detention; and;
(iii) electors in the whole or any specified parts of the Constituency if
directed by the Election Commission in this behalf under clause(b) of
rule 68
12.2 “electors subjected to Preventive Detention” means any person subjected to
preventive detention under any law for the time being in force.
12.3 "a voter on election duty" means a Polling agent, a Polling Officer, Presiding
Officer or other public servant who is an elector in the Constituency and is by
reason of his being on election duty, unable to vote at the polling station
where he is entitled to vote. Thus, the observers appointed by the
Commission and their staff members accompanying them are also voters on
election duty.
Voting by Post by all Electors or in a Part of the Constituency
13.1 Under Rule 68 of the Conduct of Elections Rules 1961, the Election
Commission is empowered to direct that the method of voting by postal ballot shall be
followed (i) by all electors at an election to the Council of States or State Legislative
Council by Members of Legislative Assembly, or (ii) in the whole or any specified parts of
the Constituency in the case of an election in a Council Constituency.
13.2 This power will be invoked by the Commission only in very exceptional cases
where it is satisfied that the normal method of voting by electors in person will be very
inconvenient for the electors concerned.
Form of Postal Ballot Paper
14. The postal ballot papers shall be the same as the ordinary ballot papers except
that the words 'Postal ballot Paper' shall be stamped on back side of the ballot papers
and on the back side of their counterfoils (See paragraph 2 in this connection).
Papers to be sent with Postal Ballot Paper
15.1 You will have to send to each voter a form of declaration (Form 13-A), a
smaller cover containing the postal ballot paper (Form 13-B), a larger cover addressed
to yourself in Form 13-C (no postage to be affixed on this cover) and a copy of the
printed instructions to voters in Form 13-D. These will be placed inside an outer cover
and sent to each voter by ordinary post under certificate of posting. Before you send
these documents to any elector, remember to fill up in ink correctly in Forms 13-A and
13-B the serial number of the respective postal ballot paper. This is very important as at
the time of counting of votes you will have to compare these numbers on Forms 13-A
and 13-B and see that they tally. If they do not tally in the case of any voter, his postal
ballot paper will have to be rejected. These Forms are appended to the Conduct of
Elections Rules, 1961.
15.2 Also remember to fill up correctly the hour and date before which the postal
ballot paper must reach you, in Form 13-D.
15.3 The statistics of women voters who cast their votes by postal ballot paper
should be ascertained by boldly noting the letter "W" on the inner envelope in Form 13-
C, i.e., the envelope addressed to the Returning Officer, in the case of every woman voter
while sending the ballot paper to her.

Voters on Election Duty

16.1 Applications from voters on election duty for permission to vote by postal
ballot are required by law to be made at least seven days or such shorter period as you
may allow before the day of poll or the first day of the poll in the Constituency. This is to
enable you to send the postal ballot papers in time and to make the necessary entries in
the working copies of the electoral rolls for the respective polling stations. If you have
appointed the officers and supplied them with the application forms in time you need
not relax this seven day rule. A Presiding Officer, Polling Officer or policeman or other
public servant may be appointed for duty at a polling station so late that though he is
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otherwise entitled to apply for a postal ballot paper, he cannot do so seven days before
the first date fixed for the poll. You should, whenever practicable, exercise your
discretion in favour of such officer or public servant and allow him the facility of postal
ballot when he applies for such facility.
16.2 Many of the officers appointed for duty at polling stations (including police
personnel) may be on duty on the polling day at polling stations other than the ones
where they are respectively entitled to vote. So far as the officers you have yourself
appointed for polling duty are concerned, you should supply them copies of application
forms in prescribed Form 12 appended to the CE Rules, 1961, along with the order
appointing them for polling duty. If two elections are being held simultaneously, two
copies of the form will have to be supplied. The officer will apply to you or to the
Returning Officer of the Constituency where he is enrolled, for permission to vote by
postal ballot.
16.3 Officers appointed for polling duty by other Returning Officers/ District
Election Officers may also apply to you for permission to vote by post if they are voters
in your Constituency. If you are satisfied of any such officer's claim to vote by post you
will send him a postal ballot paper. To obviate any delay or difficulty in issuing postal
ballot papers to voters drafted for election duty, the Commission has directed that you
or as the case may be, the District Election Officer should issue to such voters the order
of appointment in duplicate so that the voter on election duty may enclose one copy of
that order of appointment to the Returning Officer along with his application form for
supplying the postal ballot paper thereby facilitating the easy identification of the
applicant and decision regarding his entitlement to the issue of postal ballot paper.
16.4 The order of appointment in duplicate should also bear the clear seal of the
Returning Officer or the District Election Officer.
16.5 In order to enable the voters on election duty to submit their applications in
the prescribed Form 12 for the postal ballot papers without much difficulty, you should
make available for their inspection a copy of the electoral roll at the centre(s) for
rehearsal and training classes, so that polling personnel attending such classes can note
down the particulars of their electoral roll numbers which, they have to furnish in their
applications for postal ballot papers. Also make available for supply to them the
application Forms 12 at the said centre(s)
Polling Agents
17.1 So far as the polling agents are concerned, many of them will, for the same
reason as in the case of Polling Officers, require the facility of postal ballot if they are to
vote at all. They are themselves required to apply on their own motion, however, for
ballot papers. You should satisfy yourself in respect of each polling agent who thus
applies that (1) his name has been entered in the electoral roll and (2) that he is
physically unable to vote in person by reason of his appointment as a polling agent. If
you are so satisfied, allow him to vote by post and send him a postal ballot paper.
17.2 For this purpose you may lay down your own procedure for satisfying
yourself about the genuineness of the claim for a postal ballot. For example, you may
insist upon the countersignature of the concerned candidate or his election agent on
Form 12 or a certificate from the candidate or his election agent or you may get a duly
certified list giving details of polling agents from the candidate or his election agent.
17.3 If the appointment of any polling agent has been revoked after the issue of
ballot paper to him, he can vote by post only.
Persons in Preventive Detention
18. The appropriate Governments should communicate to you within 15 days after
the date of the notification of the election (a) the names of all such voters in your
Constituency as are being held by them in preventive detention and (b) the respective
places where they are being so held. Even if the Government has failed to do so, an
elector held in preventive detention may himself give you in writing a notice of his
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intention to vote by postal ballot. In either case, if you are satisfied (a) that his name has
been entered in the electoral roll, and (b) that he is held in preventive detention you will
send him a postal ballot paper addressed to the place where he is being so held.
Record of Postal ballot Papers
19.1 Before sending any postal ballot paper to an elector in preventive detention
or a voter on election duty, you should record on the counterfoil of the ballot paper the
electoral roll number of the elector as entered in the marked copy of the electoral roll
and electoral part number. Put letter 'PB' against the name of the elector in the marked
copy of the electoral roll to indicate that a ballot paper has been issued to him, without
however, recording therein the serial number of the ballot paper issued to that elector.
This is necessary to ensure that elector is not allowed to vote at the polling station. You
should also seal in a separate packet the counterfoils of ballot papers issued to such
electors entitled to vote by post and record on the packet a brief description of its
contents and the date on which it is sealed. Any elector who has been allowed to vote by
post and to whom the postal ballot has been issued will not be allowed by the Presiding
Officer to vote in person. He can only vote by post.
19.2 After all the postal ballot papers for voters have been issued, seal the marked
copy of the electoral roll and arrange to give it to the concerned Presiding Officer to be
used as the marked copy of the electoral roll at the polling station. It is very important
that this copy of the electoral roll on which the letters 'PB' have been recorded should be
used as the marked copy of the electoral roll at the polling station; otherwise such a
voter may vote at the polling station in addition to voting by postal ballot. The
counterfoils of the postal ballot papers issued to the electors should be sealed in a
separate packet and kept in your safe custody.
Supply of Second Set of Postal Ballot Papers, etc., in Exchange for First Set
20. You may issue a second postal ballot paper to a voter (along with the other
connected papers) only if the latter (a) returns to you the entire set of papers first issued
to him, and (b) further satisfies you that through inadvertence he has so spoilt the first
set of papers that they are incapable of being used. Cancel the returned papers, seal
them in a packet and note the serial numbers of the postal ballot papers thus returned to
you on the packet.

Postal Ballot Papers Returned in Time

21.1 Keep in safe custody all the postal ballot papers which are received back by
you in time. Postal ballot papers should be returned to you at the latest by the hour fixed
for the commencement of counting of votes for the election.
21.2 For keeping correct account of the postal ballot papers received back in time
and ensuring that no such ballot paper is lost or misplaced, you should open a register in
which the number of postal ballot papers received should be duly entered. The entries in
this register should be made from day to day and should be countersigned by you or
Assistant Returning Officer at the end of each day.
Postal Ballot Papers Returned Late
22. You should not decline to receive any cover containing postal ballot paper
delivered after expiry of the hour fixed for its return. Postal ballot papers received by
you too late (i.e. after the hour fixed for the commencement of the counting of votes or
on any subsequent date) cannot be counted and must be rejected. Note the date and
time of its receipt on each such cover received too late. These covers are not to be
opened and should be kept together for future reference, if any. The ballot papers
contained in those covers need not be included in the total number of rejected votes for
the purposes of the Return of Election in Form 23B.
Attestation of Declaration of an Elector Voting by Post

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 23.1 Sub-rule (2) of rule 24 of the Conduct of Elections Rules, 1961 requires that
the elector voting by postal ballot shall sign the declaration in Form 13A in the presence
of, and have the signature attested by, a stipendiary Magistrate or such other officer as is
specified in the rule for this purpose.
23.2 The officers so specified for the purpose of elections to the Council of States
and State Legislative Councils are:- any Gazetted Officer or the Presiding Officer of the
polling station, in the case of a voter on election duty; the Superintendent of the Jail or
the Commandant of the Detention Camp, in the case of an elector under preventing
detention; and such other officer as may be notified by the Election Commission, in any
other case.
23.3 The Commission has notified under the above referred rule the following
officers any one of whom may attest the declaration of an elector in respect of an
election in a Council Constituency:
1. Any Gazetted Officer of the State or the Central Government and Heads of
Offices in the State or in the Central Government;
2. Vice-Chancellor, Registrar or any member of the Senate or of the Academic
Council of any Statutory University of India;
3. The Chairman or President of any local authority specified in the Fourth
Schedule to the Representation of the People Act, 1950;
4. The Commissioner or the Chief Executive Officer of a Corporation;
5. The Chief Executive Officer of any local authority specified in the Fourth
Schedule to the Representation of the People Act, 1950;
6. The head of any educational institution within the State notified by the State
Government under clause (b) of sub-section (3) of section 27 of the
Representation of the People Act, 1950, as being not lower in standard than
that of a secondary school.
23.4 It is sometimes alleged that candidates or their supporters get the postal
ballot papers from the voters without the vote having been recorded thereon and
merely signing their declarations and get them attested later on by obliging attesting
officers even in the absence of the electors in person, as required by law. To guard
against such malpractices, if they really exist, the Commission has requested all State
Governments and High Courts to suitably alert every stipendiary Magistrate and to insist
that the formal legal requirements regarding the identification of each elector and the
attestation of his signature on the declaration in connection with his postal ballot paper
must be strictly complied with whenever they have occasion to attest such signature.
You may note that honorary Magistrates are not competent under the law to attest any
postal ballot paper. A Member of Parliament or State Legislature will not be deemed to
be a 'Gazetted Officer' for purposes of attestations of postal ballot papers.
Delivery of Postal Ballot Papers
24.1 The Director-General of posts and Telegraphs has been requested to instruct
all postal authorities regarding the provisions of law making it their legal duty to
arrange for the prompt delivery of every cover containing postal ballot paper to the
correct addressee so that the system of postal ballot may work satisfactorily. Under the
rules, postal ballot papers can be returned to you as 'Service Unpaid' and you have to
pay cash against each such delivery. Since it will be very difficult to pay cash every time
the covers are delivered, it is suggested that you should open a deposit account at the
nearest post office from which you will receive delivery of the covers so that the postal
authorities can adjust the charges, against the deposit every time the covers are
delivered. An account of such covers so received may be kept.
24.2 The Director-General of Posts and Telegraphs will also inform all postal
authorities regarding prompt delivery of postal ballot papers to you on the polling day
irrespective of Sundays and post office holidays.
Ballot Boxes
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 25.1 Only the ballot boxes of the design approved by the Election Commission
under rule 29 (read with Rule 70) should be used in any election.
25.2 The ballot boxes to be used at any election to the Council of States or a State
Legislative Council by Members of Legislative Assembly are approved by the Election
Commission on each occasion at the time of every such election. You should, therefore,
ensure that the approval of the Election Commission for the boxes to be used at the
current election has been obtained.
25.3 For election to the State Legislative Councils from Council Constituencies, the
Commission has approved the ballot boxes of the following type and sizes.
GODREJ TYPE
(i) 6" high x 9" long x 7½’’wide (i.e., 152mm high x 229mmLong x
191mm wide)
(ii) 8" high x 9" long x 7½ ‘’wide (i.e., 203mm high x 229mm long x
191 mm wide)
(iii) 9" high x 9" long x 7½ ‘’wide (i.e., 229mm high x 229mm long x
191 mm wide)

TANSI/ALLWYN/DAGA TYPE
475mm high x 280mm long x 335mm wide
25.4 You must assess the requirement of ballot boxes well in advance and take step
for getting the supply.
25.5 The ballot boxes should be thoroughly checked to ensure that they are in
perfect working condition. They should be oiled and cleaned and, if necessary, painted
well before the date of poll.
25.6 Each ballot box must be checked for its proper working before issuing to a
Presiding Officer.
25.7 As has been mentioned in Para 5.4 of Chapter IV, the Commission has directed
that each ballot box available in the district shall be engraved with a serial number in the
manner described in that Para. Only such serially numbered ballot boxes should alone
be supplied to the polling parties for use at the polling stations. No ballot box which does
not have a serial number engraved shall be used at any polling station in any
circumstance.

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 CHAPTER X
ARRANGEMENTS FOR THE POLL

A-Elections by Members of Legislative Assembly

1. As soon as the list of contesting candidates has been published, you should
arrange for the ballot boxes and other polling materials and also arrange for the printing
of the ballot papers. You will get only seven days for all these and you should ensure that
everything is ready before conducting the poll. Here is a sample list (illustrative not
exhaustive) of your tasks during this period:
(1) Selecting the Polling Officers to assist you in the poll;
(2) Ensuring that you are having adequate stock of the polling materials
required;
(3) Supplying the contesting candidates the forms for appointment of polling and
counting agents;
(4) Preparing the up-to-date list of members to be used as marked copy of the
electoral roll;
(5) Fixing up of the place of poll and setting up of the polling station;
(6) Informing the electors by a notice of the date, time and place of poll as
required under rule 69;
(7) Sending the postal ballot papers to the electors entitled to vote by post.
B-Elections in Council Constituencies
2.1 The period between the withdrawal of candidatures and the date of poll which
will ordinarily be 14 days will be the busiest time for you. During this period, you have
to make your arrangements final and check that everything is ready for conducting the
poll.
2.2 Maintain a forward diary of the different items of work that you have to attend
from time to time and keep it up-to-date by adding remarks to show the progress made
in respect of each item. Here is a sample list (not exhaustive but illustrative) of your
tasks during this period:
(1) Ensuring that formal appointment orders for the Presiding Officers and
Polling Officers for each polling station in your Constituency have been
issued by the District Election Officer;
(2) Issuing of forms of application (Form 12) for postal ballot papers to the
polling personnel including the police;
(3) Requisitioning of vehicles required for the poll including the vehicles
required fortransport arrangements of polling personnel and polling
materials;
(4) Checking up the deployment of police forces;
(5) Dispatch of postal ballot papers alongwith connected papers to voters
entitled to vote by post;
(6) Review of your requirement of polling materials including forms, etc., in the
light of actual number of contesting candidates and the total number of
polling stations;
(7) Meeting with contesting candidates with a view to seeking their cooperation
and removing their misapprehensions, if any;
(8) Supplying the contesting candidates with (i) lists of polling stations and the
areas covered by each polling station and (ii) forms for appointment of
polling and counting agents;
(9) Preparing three working copies of the relevant parts of the electoral roll for
use in each polling station;
(10) Provision of one or more voting compartments at each polling station in any
one of which a voter can mark his vote on the ballot paper in secrecy;
(11) Training classes for your polling personnel;
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 (12) Publicity about the location of polling stations;
(13) Distribution of polling materials to the polling parties;
(14) Supply of copies of Instructions to Electors for marking Ballot Papers' to
political parties/candidates for distribution among electors.
(15) Arrangements for the return of the polling parties after the poll and the
receipt of the ballot boxes and other materials and papers from them;
(16) Arrangements for the safe custody of these polled ballot boxes and other
election papers.
2.3 In the case of elections from Graduates’ and Teachers’ Constituencies, you have
also to obtain from the Electoral Registration Officer of the Constituency the original
claim applications of electors for enrolment of their names in the electoral roll made by
them in Form 18 or, as the case may be, Form 19 of the Registration of Electors Rules,
1960. You should have these forms arranged polling station-wise and also elector-wise
for supply to the Presiding Officer along with other election materials.

Contacts with Candidates

3. Meet the contesting candidates as often as you can. Keep them informed of the
arrangements you have made. Request them to supply you at an early date a list of dead,
absent and bogus voters in the electoral roll polling station wise. These lists should be
supplied to you at least 12 days before commencement of the poll. You should tell them
that unless they cooperate with you in this matter and supply the lists in time, it will be
difficult for the Presiding Officers to check impersonation and that any compliant that
the candidates may make later regarding impersonation of voters can hardly carry
weight and would be useless. Also request the candidates to ensure that their lists are
correctly and carefully prepared so that genuine voters are not put to any harassment in
the course of verification by the Presiding Officers of their identity. You should also warn
them that if considerable number of entries in any of these lists are found to be
incorrect, the Presiding Officers would be directed not to attach any importance to them
thereafter.
Cooperation for Law and Order
4. The contesting candidates, if they are tactfully approached will also be of great
help to you in preserving law and order before and during the poll. If you can secure
their cooperation, many of your other difficulties would also be easily solved.

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ModelCode of Conduct and itsObservance
5.1 It hardly needs to be emphasized that for the smooth conduct of an election,
peaceful atmosphere should prevail during the election period. The most potent cause
which tends to mar the conduct of elections and disturbs the atmosphere of friendly
rivalry that should prevail is the violation of statutory provisions of election law relating
to corrupt practices and electoral offences by some or other political party, or the
candidates or their workers. This, apart from vitiating the general atmosphere in the
Constituency, creates problems for the authorities responsible for the maintenance of
law and order as well. With a view to maintaining a healthy and peaceful atmosphere
during the election period conducive to free and fair elections, Commission has issued
its instructions for implementing the provisions of Model Code of Conduct vide its letter
dated 24thFebruary, 2010 and 23rd March, 2010 (reproduced inAnnexure I-D)
5.2 For ensuring compliance with the Model Code of Conduct by all political parties
and contesting candidates and for considering specific cases of violation of that code, the
Commission directs that a Standing Committees should be constituted in each district
under the Chairmanship of head of the District Administration and representatives of all
recognized and registered political parties at the district level as its members. This
Committee may meet as often as may be convenient and necessary. In such meetings,
you should address a special appeal to the members to cooperate in the observance of
Model Code of Conduct and to take effective steps to ensure that no one in any excess of
zeal and excitement oversteps the limits laid down by law and renders himself liable to
penalties prescribed by law. It should be impressed upon the members that any
violation of the Code committed on behalf of any party or member cannot but create a
feeling of bitterness and resentment in the minds of other parties and candidates and
their supporters. In case of violation of the Code, you may seek the cooperation of the
local magistracy and the police.
5.3 The Committee may also consider apart from the Model Code any other matter
which is of common interest to the members and is intended to further the object of
holding free and fair election.
5.6 Proper minutes of all meetings of the Committee should be maintained.
5.6The provisions of Model Code of Conduct in the elections to the State Legislative
Councils from all Council Constituencies shall be strictly implemented immediately on
the announcement of elections and will be in force till the completion of the elections:

I) Ministers, whether Central or State (including Chief Minister) can make

official visit to any district(s) in which any Biennial/Bye-election from a
Council Constituency is being held subject to the following conditions:-
a. They shall not do any inauguration/ laying of foundation stones of any
educational institution, which are constituents of Graduates’ and
Teachers’ Constituencies.
b. Official visit shall not be combined with the election related work/tours.
c. There shall be no announcement of new policy programme/ policy likely
to influence the graduates, and the teachers, who form the electorate of the
Constituencies going to poll.
II) No official of any rank of the district(s) dealing with election related work
where the biennial/bye-elections are being held shall be called to attend any
meeting by any Minister at any place, if such meetings called by Ministers are
related to issues of the Educational Institutions which are constituents of
Graduates’ and Teachers’ Constituencies.
III) No member of any Local Authority which forms part of the electorate of a
Local Authorities’ Constituency shall be called for any official meeting by any
Minister/Political functionary. Routine meetings of the Local Bodies, when
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 essential, may be held with the prior permission of the District Election
Officer of the District concerned.
IV) Any official who meets the Minister on his private visit to the Constituency
where elections are being held shall be deemed to be guilty of misconduct
under the relevant service rules; and if he happens to be an officer mentioned
in Section 129 (1) of the Representation of People Act, 1951, he shall also be
additionally considered to have violated the statutory provisions of that
section and liable to penal action provided thereunder.
V) No pilot car(s) or car(s) with beacon lights of any colour or car(s) affixed
with sirens of any kind making his presence conspicuous shall be used by any
Minister during his private visit to the Constituency, even if the State
administration has granted him a security cover requiring presence of armed
guards accompanying him on tour.
VI) No policy announcement or programme would be initiated in the
Government Departments related to the constituents of the election under
reference. For example, if the election is from a Local Authorities’
Constituency, no programme or policy could be initiated by Urban or Rural
Local Bodies Department. Likewise, for Teachers’ Constituencies, no new
policy or programme will be initiated/ announced by the Education
Department dealing with the teachers. In the case of elections from
Graduates’ Constituencies, no programme/ policy likely to influence the
graduates, shall be announced, such as Un-Employment Allowance, new
Employment Schemes, etc.
VII) The Commission has directed that a special video team shall be put in place
for every Tehsil. Every political meeting shall be videographed. Ministers and
other important political functionaries visiting the District shall be video-
trailed. Copy of the video recording shall be given to the Observers by the
evening of the same day. The Observers will go through it and report any
violation to the Commission. The Observers will submit reports as per the
seven formats prescribed for Assembly/ Parliament Elections.
VIII) The restrictions on “Official Tours” by Central & State Ministers will also be
applicable to use of any “Official Cars” by “Office Bearers” of Local
Authorities, like, Mayors of Municipal Corporations, Presidents of Municipal
Councils &ZillaParishads. The use of official cars by them shall be allowed for
travel to & from Office to Residence.
IX) If the statutory Meetings of Municipal Corporations, Municipal Councils, Zilla
Committees, etc., are unavoidable, it shall be allowed, but no policy decision
should be taken and release /sanctions of funds shall be subject to the same
restrictions as they apply during LokSabha/Assembly elections.
X) In addition, the provisions of Model Code of Conduct and ECI instructions
applicable to Assembly Elections, with regard to defacement of public &
private properties, shall also be applicable.
6. The Commission in pursuance to Article 324 of the Constitution of India,
and all powers enabling it in this regard to conduct free and fair elections and to
keep a check on adverse role of money power, has decided to check the movement
of black money during biennial elections/bye-elections to Legislative Council of
States as per the Standard Operating Procedure (SOP) issued on 29-05-2015
(provided below at 6.5) excepting deployment of Static Surveillance Teams.

6.1 The Chief Electoral Officer shall communicate the State Police Deptt. to
keep a close watch in the elections to Legislative Council of the State as and when
the Commission declares elections for the Legislative Councils. A separate
communication has been sent to the Income Tax Department on it.Annexure (X-A)
79
 6.2 The Chief Electoral Officer shall make necessary advertisement in local
media about the measures taken in this regard and advise the public, not to carry
huge cash without proper documents.

6.3 The Chief Electoral Officer shall further communicate the name, address,
Telephone No. Mobile No., e-mail id and FAX no. of the Nodal Officer of the CEO
Office for this monitoring, Police Deptt. of the rank of IGP in the State capital and
Income Tax Deptt. (Investigation), when the Commission declares the elections for
Legislative Councils in your state.

6.4 For conduct of free and fair poll, the Chief Electoral Officer shall call a
meeting with leaders of political parties and apprise them about the measures taken
by the Commission and they may be advised to exercise self-restraint and also to
instruct their party functionaries not to carry large amount of cash in the run up to
election to Legislative Council in the State as and when held.

6.5 FileNo.76/Instructions/EEPS/2015/Vol-II Dated: 29 May 2015

Order
(a) Whereas,theSuperintendence, directionandcontrolofallelectionstoParliament
andtheLegislatureofeveryStateisvestedintheElectionCommissionunder
Article324oftheConstitution;and
(b) Whereas,allformsofintimidation,threat, influence andbribingofelectors
mustbe preventedintheinterestoffreeandfairelectionand;reportsarereceivedthat
money powerandmusclepowerarebeingusedduringelectionprocessfor
inducementof electorsbywayof distributionof cash,gift items,liquoror freefood;
orforintimidationofelectors bythreatorintimidation;and
(c) Whereas,distribution ofcashoranyitemofbribeoruseofmusclepowerfor
influencing electorsarecrimeundersections 171 B and 171
CofIPCandalsoareCorrupt PracticesunderSection123ofR.P.Act,1951;
(d) Now,therefore,forthepurposeofmaintaining purityofelections,theElection
CommissionofIndiaherebyissuesthefollowing StandardOperatingProcedure for
FlyingSquads, constitutedforkeeping
vigiloverexcessivecampaignexpenses,distribution ofitemsofbribeincashorin
kind,movementofillegalarms,ammunition,liquor,orantisocialelementsetc.in
theconstituencyduringelectionprocess:
(e) Flying Squads (FS)
I. ThereshallbethreeormoreFlyingSquads(FS)ineach Assembly
Constituency/Segment.TheFSshall startfunctioning
fromthedateofannouncementofelectionandshallcontinuetill completionofpoll.
II. TheFlyingSquadshall(a)attendtoallmodelcodeofconductviolationsand
relatedcomplaints;(b)attend toallcomplaintsofthreat, intimidation,movementof
antisocialelements,liquor,armsandammunition andlargesumofcashforthe
purposeofbribingofelectorsetc.;(c)attendtoallcomplaintsregardingelection
expenditureincurredorauthorizedby thecandidates/political party;
(d)videograph withthehelpofVideoSurveillance
Team(VST),allmajorrallies,publicmeetings
orothermajorexpensesmadebypoliticalpartiesaftertheannouncementofelection
bytheCommission.
III. InExpenditureSensitiveConstituencies(ESC),thereshallbemoreFSs,depending
ontherequirement. TheFSshallnotbegivenanyotherworkduringtheperiod.
ThenamesandmobilenumbersoftheMagistrate asheadoftheFSandother
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 officialsinFSshall beprovidedtotheComplaintMonitoring ControlRoomandCall
Centre,RO,DEO,GeneralObserver,PoliceObserver,ExpenditureObserverand
AssistantExpenditureObserver. InESCs,CPForStateArmedPolicemaybe mixed
intheFS,dependingonthesituation andtheDEOshalltake necessarysteps
inthisregard.TheDEOshallconstitutetheFSwithofficersof provenintegrity.
IV. Wheneveracomplaintregardingdistributionofcashorliquororanyotheritemof
bribeorregarding movementofantisocialelementsorarmsandammunition, is
received,theFSshallreachthespotimmediately. In case of suspicion of commission
of any crime, the incharge Police Officer of FS shall seize cash or items of bribe or
other such items, and gather evidence and record statement of the witnesses and
the persons from whom the items are seized and issue proper Panchnama for
seizure as per the provisions of CrPC to the person from whom such items are
seized. He shall ensure that case is submitted in the Court of competent
jurisdiction within 24 hrs. The Magistrate of the FS will ensure that proper
procedure is followed and there is no law and order problem.
V. The Magistrate of theFS
shallsendaDailyActivityreportinrespectofitemsofseizureofbribeor cashto the
D.E.O.in aformatasperAnnexure-(X-B),withacopyto R.O., S.P.andthe
ExpenditureObservers,andshall also
sendDailyActivityreportinrespectofmodelcode ofconductviolations toRO,DEO,
S.P.andGeneralObserver intheformatasgivenin Annexure-(X-C). The S. P. shall
send daily activity report toNodalOfficerofPoliceHeadquarter,
whoshallcompileallsuch reportsfromthedistrictandsendaconsolidated
reportinthesameformati.e.,Annexure–(X-B&X-C)onthenextdaybyfax/e-
mailtotheCommission withacopy totheCEOofthestate.
VI. Theentireproceeding shallbevideorecorded. TheIn-chargeOfficer of FS shall
alsofilecomplaints/F.I.R. immediatelyagainst(i)thepersons,receivingand
givingbribe;and(ii)anyotherpersonfromwhomcontraband itemsareseized,or
(iii)anyotherantisocial elementsfoundengagedinillegalactivity.Thecopy ofthe
complaint/FIR shallbedisplayedonthenoticeboardoftheR.O. forpublic
informationand besenttotheDEO,GeneralObserver,Expenditure
ObserverandPolice Observer.
TheExpenditureObservershallmentionitintheShadowObservation
Register,ifithaslinkswithanycandidate’selectionexpenditure.
VII. Incase,acomplaintisreceivedaboutdistributionofcash,giftitems,liquororfree food;
or about threat/ intimidation of electors; or of movement of
arms/ammunitions/antisocialelementsanditisnotpossiblefortheFStoreachthe
spotimmediately,thentheinformationshallbepassedontotheStaticSurveillance
Team,nearesttothespotortothepolicestationofthatarea,whoshallrushateam
tothespotfortakingnecessary actiononthecomplaint.Allseizuresmadebythe
policeauthorities eitheronreceiptofcomplaints forwardedbyFSorreceived
independentlyshallalsobereportedtotheFSwhichshallincorporatesuch
seizurereports
initsDailyActivityReportsinrelevantrows/columnsandthisisdonetoavoid
duplicationofreports of seizure.
VIII. EachFSshallannounce throughaPublicaddresssystem,fittedontoitsvehicle,the
followinginlocal languageinthearea underits jurisdiction:“Aspersection171B
ofIndianPenalCode,anypersongivingoraccepting anygratification incashor
kindduringelectionprocess,withaviewtoinducingthepersontoexercisehis
electoralrightispunishablewithimprisonment uptooneyearorwithfineorwith
both.Further,asper section 171CofIndianPenal Code,any personwhothreatens
anycandidate orelector,oranyotherperson,withinjuryofanykind,ispunishable
withimprisonmentuptooneyearorwithfineorboth. FlyingSquadshavebeen formed
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 toregister casesagainstboththegiverandthetaker ofbribeandfortaking
actionagainstthosewhoareengagedinthreatandintimidationofelectors. Allthe
Citizensareherebyrequested torefrainfromtakingany bribeandincase,anybody
offersanybribeorishavingknowledge aboutthebribeorcasesof
threat/intimidation ofelectors,thenheshouldinformonthe tollfree
number……………., of the24x7ComplaintMonitoringCellofthedistrict,setup
forreceivingthecomplaints”.
IX. As per Commission’s instruction No. 23/1/2015-ERS, dated 21-02-2015, Booth
Level Awareness Groups (BAGs) formed for purification and authentication of
electoral rolls of the booth will also be associated in collecting the evidences of
malpractices taking place in their area either by mobile software developed by
the Commission or otherwise. Whenever the BAG provides any information, the
Flying Squad should reach the spot within shortest possible time and take
necessary action and gather corroborative evidences.
X. TheDEOshallpublishpamphlets quoting theaboveinEnglishorHindiorlocal
languageanddistribute throughtheflyingsquadinprominent places.Pressrelease
shouldalsobeissuedbytheDEOonthe electionexpendituremonitoringmeasures.
XI. Aftertheannouncementofelections,DEOshallmakeanappealasmentionedin para 8
aboveinprintandelectronic mediaforthebenefitofgeneralpublicaboutthe
monitoringmechanism,whichisbeingputinplaceduringelectionprocess.
XII. All the vehicles used by the Flying Squads shall be fitted with the CCTV cameras/
webcams or shall have video cameras (keeping in view the availability and
economic viability) for recording the interception made by the Flying Squads
(f) StaticSurveillanceTeam(SST)
I. There shall be three or more Static Surveillance Teams in each Assembly
Constituency/Segment withone
executivemagistrateandthreeorfourpolicepersonnelineachteam
whoshallbemanningthecheckpost. Dependingon thesensitivityofthearea, the CPF
members will be mixed in the SSTs.
II. Thisteamshallputcheckposts at Expenditure Sensitive
pockets/hamlets,andshallkeepwatchonmovementofillicitliquor,itemsofbribe,orla
rge amountofcash,armsandammunitionandalsomovement ofantisocialelements
in theirarea.Theentireprocessofcheckingshallbe captured in video or CCTV.
III. The Magistrate of theSSTshallsendDailyActivityreporttothe D.E.O.
withcopytoR.O., S.P.and
ExpenditureObserver,GeneralObserver,andPoliceobserverinaformatasper
Annexure-(X-D),onthesameday. The S.P. shall send daily activity update to
NodalOfficer of PoliceHeadquarter, who shall compileallsuchreports
fromthedistrictandsendaconsolidatedreportinthesame format( i.e., Annexure-(X-
D),on thenextdaybyfax/ e-mailtotheCommissionwith acopytotheCEOofthestate.
IV. The checkingby the SSTs shall be done in the presence of an Executive
Magistrateandshallbevideo-graphed. Nosuchcheckingshalltakeplacewithout
thepresenceofExecutiveMagistrate.Thevideo/CCTVrecordwithanidentificationma
rk of date,placeandteamnumbershallbe depositedwiththeR.O,on thenextdaywho
shallpreservethesameforverificationbytheCommission atlaterpointoftime. It
mayalsobewidelyadvertisedbytheDEOthatanymemberofthepubliccanobtain
acopyofthevideo/ CCTV recordbydepositingRs.300/-.
V. WheneverCheckPostsareputatthebordersofthedistrict/Stateoratanyother
placebyany agency,forany purpose, thenthenearestSSTshallbepresenttherein
suchteam,toavoidduplicationofcheckingintheareaandreporting of seizure of cash
or items of bribehastobedone bytheSST.
VI. CheckingbySSTonthemajorroads orarterialroads shall commencefrom the date of
notification of election.TheSSTsshallbecontrolledbytheDEOandS.P.
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 inconsultationwithGeneralObserverandExpenditure Observersandthe
mechanismshallbestrengthenedinlast72Hrs.beforethepoll,particularly in
vulnerableareasorinExpendituresensitivepockets and during such period, the SST
shall not be dismantled under any circumstances.
VII. Duringchecking,ifany cashexceedingRs.50,000/-isfoundinavehiclecarryinga
candidate,hisagent,or partyworkeror carryingpostersorelectionmaterialsorany
drugs,liquor,armsorgiftitemswhicharevaluedatmorethanRs.10,000/-,likely
tobeusedforinducement ofelectorsorany otherillicitarticlesarefoundina
vehicle,shallbesubjecttoseizure. Thewholeeventofcheckingandseizureisto
becaptured in avideo/CCTV,whichwill be submittedtothe ReturningOfficer,
everyday.
VIII. If any star campaigner is carrying cash up to Rs. 1 Lakh, exclusively for his/her
personal use, or any party functionary is carrying cash with certificate from the
treasurer of the party mentioning the amount and its end use, then the
authorities in SST shall retain a copy of the certificate and will not seize the cash.
If cash of more than 10 lakh is found in a vehicle and there is no suspicion of
commission of any crime or linkage to any candidate or agent or party
functionary, then the SST shall not seize the cash, and pass on the information to
the Income-Tax authority, for necessary action under Income - Tax Laws.
IX. During checking, if there is any suspicion of commission of crime, the seizure of
cash or any item shall be done by the in-charge Police Officer of the SST as per
provision of CrPC in presence of the Executive Magistrate. The Police Officer in
charge of SST shall file complaint/FIR in the Court, having jurisdiction, within 24
hours.
X. FS and SST shall be polite, decent and courteous, while checking the baggage or
vehicle. The purse held by the ladies shall not be checked, unless there is a lady
officer. The FS shall also supervise the functioning and proper conduct of SSTs during
checking in their areas.
XI. Advance training of FSs and SSTs should be done as per direction of the Commission.
The DEO and the SP of the district shall ensure that the teams are constituted and
properly trained. The Nodal Officer at the Police Headquarters shall ensure that
proper training and sensitisation of the police force is this regard is done.
XII. In case of any grievance about the conduct of the FS or SST, the Authority, whom
the person can appeal for redressal of grievance on misconduct or harassment shall
be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell).
XIII. Afterseizure,theseizedamountshallbedepositedinsuch
mannerasdirectedbytheCourt and a copy of seizure of cash, in excess of Rs. 10
lacs shall be forwarded to the Income Tax authority, engaged for the
purpose.TheDEOshallissuenecessary instructionstothe treasuryunits
toreceivetheseizedcashbeyondofficehoursandonholidaysalso, in case it is
required.
XIV. WherevertheFSorSSTorpoliceauthoritiesreceiveinformationaboutany suspicious
itemsintheirarea,including movement ofhugeamountofcash, theyshall keep the
respectiveLawenforcementagenciesinformedaboutsuch items.
XV. All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking
unit so that timely action by the teams can be monitored.
Release of Cash
I. In order to avoid inconvenience to the public and genuine persons and also for
redressal of their grievances, if any, a committee shall be formed comprising
three officers of the District, namely, (i) CEO, ZilaParishad/CDO/P.D,DRDA (ii)
Nodal Officer of Expenditure Monitoring in the District Election Office
(Convenor) and (iii) District Treasury Officer. The Committee shall suo-motu
examine each case of seizure made by the Police or SST or FS and where the
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 Committee finds that no FIR/Complaint has been filed against the seizure or
where the seizure is not linked with any candidate or political party or any
election campaign etc., as per Standard Operating Procedure, it shall take
immediate step to order release of such cash etc. to such persons from whom the
cash was seized after passing a speaking order to that effect. The Committee shall
look into all cases and take decision on seizure.

II. The procedure of appeal against seizure should be mentioned in the seizure
document and it should also be informed to such persons at the time of seizure of
cash. The functioning of this committee should be given wide publicity, including
telephone no. of the convenor of the Committee.

III. All the information pertaining to release of cash, shall be maintained by the
Nodal Officer expenditure monitoring in a register, serially date wise with the
details regarding amount of Cash intercepted/seized and date of release to the
person(s) concerned.

IV. If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income
Tax shall be kept informed before the release is affected.

V. All cases of seizure of cash etc., effected by FS, SST or Police authorities shall
immediately be brought to the notice of the Committee formed in the District and
the Committee shall take action as per para (i) mentioned above. In no case, the
matter relating to seized cash/ seized valuables shall be kept pending in
malkhana or treasury for more than 7(Seven) days after the date of poll, unless
any FIR/Complaint is filed. It shall be the responsibility of the Returning Officer
to bring all such cases before the appellate committee and to release the
cash/valuables as per order of the appellate committee.

It is further informed that the EEMS software for Daily Activity Report, available
in the Commission’s website may be used for sending the report to the
Commission.
7. Pre-Certification of political advertisements- Use of bulk SMSs /voice
messages in political campaigning-reg.

I. The Commission has taken cognizance of the fact that political parties/
candidates often use bulk SMSs and recorded voice messages in their election
campaigning. Likewise, their supporters/workers and other organizations
supporting them also resort to the said method of carrying out election campaign
on their behalf. Apart from use of normal SMS gateway through mobile, internet
is also linked with the mobile gateways to send SMSs and recorded messages.
This feature may also be sometimes misused for sending malicious and vilifying
materials in political campaigning and thereby violating electoral and criminal
laws and Model Code of Conduct relating to elections. The Commission vide its
letter no. 464/INST/2008/EPS dt 5/11/2008 has already issued direction
regarding monitoring of such bulk SMSs by police authorities and inclusion of
expenditure on such bulk SMSs into election expenditure accounts of the
candidates (copy enclosed).
II. The Commission has now decided that it is necessary to monitor the contents of
such bulk SMSs to the electors during election process so that objectionable
contents are not transmitted through this medium. As per law, the said medium
of Communication – through SMSs is also part of ‘electronic media’ by definition.
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 The Commission, vide its order no. 509/75/2004/JS-I dated 15/4/2004, and the
subsequent order dated 18/3/2009, has put in place mechanism at district and
state level for certifying political advertisements on TV channels, Cable Network
and Radio. The Commission has decided that the directions in the said order shall
hereinafter apply mutatis mutandis to the use of bulk SMSs/voice messages over
phone for political campaigning during elections.
III. Accordingly, in continuation of Commission’s earlier letter dated 27 th August,
2012 and 25th October, 2013, in regard to certification of political advertisement
on election media including Social media, the Commission has directed that bulk
SMSs/voice messages on phone in election campaigning shall also be in the
purview of pre-certification of election advertisements as in case of TV
Channels/Cable Network, Radio including private FM Channels, Cinema Halls,
audio-visual displays in public places and Social Media. Legal provisions, as apply
on other mode of electronic media, shall also be applicable on bulk SMSs/voice
messages. The procedure prescribed in the order dated 15.4.2004 shall be
followed for this purpose.
IV. The above may be brought into the notice of State/District MCMCs, political
parties/ candidates mobile service providers and all others concerned.

8. (a) Under Section 29 of the Representation of the People Act, 1951 read with
Rule 69 of the Conduct of Election Rules, 1961, a place of poll is fixed for conducting
poll in respect of election to the Council of States and the State Legislative Councils by
MLAs. As per Section 135C, “dry day” is to be declared in Polling Areas and polling area
is defined in Section 25 of the Representation of the People Act, 1951, which is
applicable to elections from Constituencies i.e. for elections to LokSabha, Legislative
Assemblies and elections to Legislative Councils from Graduates’, Teachers’ and Local
Authorities’ Constituencies. These do not apply to election to Council of States and
Legislative Council by MLAs where there are no constituencies.
(b) As such provisions of Section 135C of the Representation of the People Act,
1951 are not applicable in election to the Council of States and Legislative Councils by
MLAs, and therefore, declaration of ‘Dry Day’ for election to the Council of States or
Legislative Councils by MLAs is not required.

BAN ON TRANSFER OF OFFICERS

There shall be a total ban on the transfer of Returning Officers and Assistant Returning
Officers appointed for Biennial elections/bye-elections to State Legislative Councils after
the announcement of elections and this ban will be in force till the completion of
elections. The transfer orders in respect of the above officers issued prior to the date of
announcement but not implemented should not be given effect to without obtaining the
specific permission of the Commission. In those cases where transfer of an officer is
necessary on account of administrative exigencies, the State Govt. may with full
justification approach the Commission for prior clearance.

Dummy Ballot Papers

6. There is no objection in printing dummy ballot papers by candidates and
political parties. A dummy ballot paper should not, however, closely resemble the official
ballot paper in colour and size. It can be printed on any colour other than pink and
white, such as brown, yellow or grey so as to avoid any confusion. There is also no
objection to a candidate printing a dummy ballot paper using his name indicating the
place where it would appear on the ballot paper. But it should not contain the actual
names of other contesting candidates.

Unofficial Identity Slips

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 7.1 The political parties and candidates may issue unofficial identity slips
containing the following information to the voters:
(i) The name and SI. No. of the voter in the electoral roll;
(ii) Part number of the electoral roll;
(iii) S.No. and name of the polling station.
7.2 The identity slips should be on white paper and should not contain the name of
the candidate and/or the name of his party or its symbol. The slips should not contain
slogans or any exhortation to vote for a party or for a candidate since these would
amount to canvassing within the polling station. The circulation of any slip containing
any such slogan or exhortation within 100 meters of the polling station would amount to
canvassing which is an electoral offence.

7.3 A sample of the slip which can be issued by the candidate is given below:
Kanpur Graduates’ Constituency

Polling Station :
Part No :
Elector's SI. No :
Name of Elector ;
Age :
Father's/Husband’s Name:
Date of poll :
Address

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 CHAPTER XI (i)

THE POLL FOR ELECTIONS TO THE COUNCIL OF STATES

The Poll
1. Poll is the most important event in the election process. It is through the poll
that the electors express their choice of the candidate to represent them in a democracy.
Any irregularity in the conduct of poll may vitiate the election and, therefore, you should
ensure that the poll is conducted strictly in accordance with the law and the prescribed
procedure.
Legal Provisions
2.1 The legal provisions for the conduct of poll at an election to the Council of
States or to a State Legislative Council are contained in sections 56 to 62 of the
Representation of the People Act, 1951 and rules 67 to 70 of the Conduct of Elections
Rules, 1961. By rule 70, the provisions of rules 28 to 35 and 36 to 48 (including 39AA) of
the said Rules and Forms 14 to 16 appended to the said rules making provisions for the
conduct of poll in parliamentary and assembly Constituencies have been made
applicable to elections to the Council of States and the State Legislative Councils, subject
to the modifications as specified in rule 70. You should fully familiarize yourself with
these legal provisions.
2.2 As elections to the Council of States and State Legislative Council have certain
distinguishing features, various matters relating to the conduct of poll at these two types
of elections have been discussed hereunder separately.

ELECTIONS TO THE COUNCIL OF STATES

Place of Poll
3.1 At an election to the Council of States by members of the State Legislative
Assembly, the poll shall be taken at such place as may be fixed by the Returning Officer
with the previous approval of the Election Commission [vide section 29(1)]. You are
required by section 29(1) to notify the place so fixed (hereinafter referred to as 'polling
station') in such manner as the Election Commission may direct. The Election
Commission has directed that this place may be notified by displaying a notice to that
effect on the notice board of the Legislative Assembly.
3.2 The place of poll should normally be fixed in the precincts of the Legislative
Assembly building. The room or hall selected for the purpose should be adequately big
so that there is sufficient accommodation for making the seating arrangements of the
polling agents and the polling personnel and the setting up of the voting compartments.
The room or the hall selected for the purpose should have two doors-one for the entry of
electors and the other for their exit.

Returning Officer to act asPresiding Officer

4. The Returning Officer also acts as the Presiding Officer at such polling station i.e.
the place fixed for poll [vide section 29(2)]. You should, therefore, be fully conversant
with the procedure for the conduct of poll and the relevant instructions and directions of
the Commission in this regard.

Polling Officers
5.1 You may appoint such number of persons to act as polling officers to assist you
in the conduct of poll as you think necessary. Normally, two polling officers will be
enough for the purpose. In case you feel that the number of electors is quite large, you
may appoint three polling officers.
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 5.2 Those polling officers should normally be drawn from the Secretariat of the
Legislature. They should be formally appointed by you as such polling officers under the
provisions of section 29(2).

Duties of Polling Officers

6.1 The details of duties to be performed by each polling officer, when two polling
officers are appointed, are indicated in Annexure XI(i)-A. Likewise, the details of duties to
be performed by them when three polling officers are appointed are indicated in
Annexure XI(i)-B.
6.2 Intensive training should be given to the polling officers so that they are fully
conversant with their duties.

Notice to Electors
7.1 At an election by Members of Legislative Assembly where poll becomes
necessary, you are required to send, as soon as may be after the last date for withdrawal
of candidatures, a notice to each elector informing him of the date, time and place fixed
for polling [vide rule 69].
7.2 Such notice should be sent to each elector including an elector under
preventive detention, if any. As has been explained earlier, an elector under preventive
detention is entitled to vote by postal ballot. The appropriate Governments should
communicate to you within 15 days after the date of the notification of the election (a)
the names of all such voters as are being held by them in preventive detention and (b)
the respective places where they are being so held. Even if the Government has failed to
do so, an elector under preventive detention may himself give you, in writing, a notice of
his intention to vote by postal ballot. In either case, if you are satisfied (a) that his name
has been entered in the electoral roll and (b) that he is under preventive detention, you
will send him a postal ballot paper addressed to the place where he is being so detained.

Exhibition of Notice outside the Polling Station

8.1 Under rule 31(l)(b) as applied by rule 70, you are required to display
prominently outside the polling station, a copy of the list of contesting candidates.
8.2 In order that the electors are properly informed about the system and the
procedure followed at elections to Council of States, and to minimize the rejection of
ballot papers the Commission has decided that suitable instructions should be issued to
the electors. For this purpose, individual letters must be issued to electors on the
procedure of voting. In addition, a notice containing important instructions should be
displayed prominently outside the polling station. A form of such model notice is given
in Annexure XI(i)-C.

Seating Arrangements for Presiding Officer and Polling Officers

9. Inside the polling station, you as the Presiding Officer should sit in such a place
from where you can watch all the proceedings in the polling station. The polling officers
should be so seated that an elector after entering into the polling station straightway
proceeds to the first polling officer and from him to the tables of other polling officers in
a systematic manner. No criss-cross movement of the electors should be permitted.

Seating Arrangement for Polling Agents during poll for Council of States

10. Suitable seating arrangement should be made for polling agents when they are
present at the poll. Their seats should be provided at the back of the first Polling Officer
so that they may have adequate opportunity to challenge the identity of electors before
they are supplied with ballot papers. Where this is not practicable because of the
88
situation of the door for entrance, they may be given seats just opposite this polling
officer. In any seating arrangement they should be provided opportunity of seeing the
faces of the electors and challenging their identity whenever necessary. And also the
Polling Agents of the political party shall be suitably able see the marked ballot papers of
the electors of their party as required under Rule 39AA.

Voting Compartments

11. One or more voting compartments should be provided in the polling station,
depending upon the size of the room/hall, the number of electors and the number of
contesting candidates. Efforts should be made to provide at least two voting
compartments where the number of electors or the number of contesting candidates is
large so that the electors may not have to wait for long for going into the voting
compartment for marking their votes.

Who is Entitled to Vote

12.1 At an election to the Council of States, only the elected members of the State
Assembly are entitled to vote [Article 80(4) of the Constitution].

12.2 The list of members entitled to vote shall be maintained by you under section
152 of the Representation of the People Act, 1951 in the manner prescribed by the
Commission under rule 96 of the Conduct of Elections Rules, 1961. The Commission's
directions in this behalf have already been reproduced for facility of your reference in
Chapter-II.

Note - Elected members of State Legislative Assemblies can take part in elections
to Council of States/State Legislative Council even before taking oath as members
of respective State Legislative Assemblies (as held by the Supreme Court in
PashupatiNathSukul Vs. Nem Chandra Jain & others (74 ELR-83).

Right to Vote of a Member whose Election has been Set Aside but Operation of the
Order stayed Pending Appeal

13. A question arose at the time of 1968 biennial election to the Council of States
from West Bengal as to whether the name of a member whose election had been set
aside by the High Court as a result of an election petition should be included in the list of
electors maintained under section 152, and whether he should be eligible to vote at the
biennial election in view of the conditional stay granted by the Supreme Court. The
Supreme Court to which a reference in the matter was made, directed that such a
member would not be allowed to vote in the election to the Council of States or to the
Legislative Council.

Persons to be Admitted Inside the Polling Station

14.1 You should admit inside the polling station only the following persons:
(a) Polling officers;
(b) each candidate, his election agent and one polling agent of each candidate at a
time;
(c) Authorized agents of the Parties appointed in terms of Rule 39 AA.
(d) persons authorized by the Commission;
(e) public servants on duty specifically authorised;
(f) a child in arms accompanying an elector;

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 (g) a person accompanying an illiterate voter who cannot vote without help or a
blind or an infirm voter who cannot move without help; and
(h) such other persons as you may from time to time specifically admit for the
purpose of identifying voters or otherwise assisting you in taking the poll.
14.2 The Returning Offices have been asked to issue identity cards to the
contesting candidates. In case necessity arises, you may ask for its production. Similarly,
the election agents of the candidates can be asked to produce the attested duplicate copy
of their appointment letters. The attestation is made by the Returning Officer.

14.3 You should note that the expression 'public servants on duty' does not include
Ministers, State Ministers and Deputy Ministers of the Centre or of any State and does
not also normally include police officers. Such officers whether in uniform or in plain
clothes should not normally be allowed to enter into a polling station unless you decide
to call them in, in unavoidable circumstances for the maintenance of law and order or
some similar purpose.

N.B. No security guards accompanying any elector or any candidate or his election
agent or any of his polling agents shall be allowed to enter the polling station in any
circumstance.

Regulation of Entry of Voters inside the Polling Station

15.1 Subject to any special direction of the Election Commission, the entry of
voters inside the polling station should be so regulated that at any given point of time,
net more than four electors are inside the place of poll. The next voter shall be allowed
entry inside the place of poll only after one of the voters inside such place has gone out
after casting his vote.

15.2 A separate room or place adjacent to the place of poll shall be arranged and
facilities provided for sitting, etc., so that the voters can conveniently await their turn for
voting.

15.3 No voter having security guards should be permitted to take his security
guards inside the place of poll under any circumstance.

Facilities to Press Representatives and Photographers

16. Subject to the maintenance of peace and order, there is no objection to any
photographer taking photographs of a crowd of voters lining up outside the polling
station. However, no one including the publicity officials of the State Government should
be allowed inside a polling station without a specific letter of authority from the Election
Commission. Authority issued by any other person, agency or authority other than the
Election Commission shall not be valid for such entry. In no circumstance will any
photograph be allowed to be taken of a voter marking his ballot paper.

Attendance of Polling Agents

17.1 (i) The polling agents of the candidates should be asked to reach the polling
station at least 15 minutes before commencement of poll in order to be present when
you are going through the preliminaries. If any part of these preliminaries has already
been gone through, the proceedings need not be commenced de novo to accommodate
any latecomer. The law does not specify any time limit for the appointment of polling
agents and even if a polling agent turns up late at a polling station he should be allowed
to participate in the further proceeding at the polling station.
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 17.1 (ii) In respect of elections to the Council of States, the Election Commission
vide its letter no. 318/CS/2008-PLN-III dated 25th March, 2008 has directed that under
Rule 39AA of the Conduct of Elections Rules (Amendment), 1961 dated 27th February,
2004, the power to appoint authorized agent has been given to the Political Parties
which have elected MLAs in the Assembly and not to the candidates, irrespective of
whether such Political Parties have set up their own candidate(s) at the election or not.
The MLAs belonging to Political Parties are required to show the ballot paper after
marking votes to the authorised agent of the Political Party concerned.

Production of Appointment Letters by Polling Agents

17.2 Every polling agent must produce before you the appointment letter in Form
10 by which the candidate or his election agent has appointed him. Check that the
appointment is for your polling station. The polling agent should then complete the
document and sign the declaration therein in your presence and then deliver it to you
before he can be admitted into the polling station. Preserve all such appointment letters
and at the end of the poll keep them in a cover for safe custody along with other
documents.

Passes for Polling Agents

18. Each candidate can appoint one polling agent and two relief polling agents at
each polling station. However, only one polling agent of a candidate should be allowed
inside the polling station at any given time. Give to every polling agent who is admitted
into the polling station a permit or pass on the authority of which he can come in and go
out of the polling station, as may be necessary.

Preparation of BallotBox

19. You should begin preparing the ballot box for the poll, 10 or 15 minutes before
the hour fixed for the commencement of poll. The instructions for operating a ballot box
of the design in use in your State are contained in the booklet 'handbook for Presiding
Officers', printed for your State. You should obtain a copy of that booklet from the Chief
Electoral Officer of your State and familiarize yourself with the operation of the box.

Fixing of Paper Seal

20. Fix the paper seal, where it is used, in position in the frame so that the green
background is visible through the window of the ballot box. You should note that only
one paper seal will be used. Take the signatures of the polling agents present and affix
your own signature on the white surface of the paper seal. See that the signatures of the
polling agents tally with their signatures on the declaration in Form 10. Verify that the
paper seal cannot be shifted from the position by softly pulling it at the end. Do not use a
damaged paper seal. As the green paper seal will be 10" (25.4 cm) in length, you should
take care to fold the two ends so that the paper seal does not hang loose inside the ballot
box where it may be damaged when the ballot papers are pushed by means of pusher.

Commencement of Poll at election to the Council of States-through

21. The system of voting in the elections to the Council of States shall be through
an “Open Ballot System” provided vide Representation of People (Amendment) Act,
2003 – no. 40 of 2003 dated 28th August, 2003 and Government of India Notification
Dated 27th February, 2004.
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Open Ballot System:
In election to RajyaSabha, open ballot system was introduced in 2003 by
amendment of Section 59 of Representation of the People Act, 1951. In this system, the
elector(elected MLA), who belongs to a political party is required to show the marked
ballot paper to an agent appointed by the political party who will be seated inside the
polling station.
Section 59 provides that voting shall be in the manner prescribed (i.e. prescribed
by rules). The rules provide that a voter has to mark the ballot in voting compartment
and insert the ballot paper in the ballot box, and that he has to maintain secrecy of vote
in the polling station. Any violation of the voting procedure prescribed under the rules
will render the ballot paper of the voter concerned liable to be cancelled for such
violation. In the case of voting in RajyaSabha election, a proviso was inserted in
Section 59 to provide that elections to RajyaSabha shall be by open ballot. The
manner of voting in the RajyaSabha election has been provided by necessary
amendment in the Rules stipulating that the electors belonging to political parties,
after marking the ballot, have to show the marked ballot to the representative of the
party before inserting it in the ballot box.
Rule 39AA (2) of the Conduct of Elections Rules, 1961 does not specify who shall be the
authorized agents of the Party, and apart from that the election to the Council of States
have a system of ‘Open Ballot Paper’. Hence, an MLA or Minister can also be appointed as
the Authorized Agent of the political party in respect of election to the Council of States,
provided that they have no security cover given by the State or Central
Government/Security Agencies. An MLA or Minister having security cover will not be
allowed to surrender his security cover to act as such agent of a candidate/Party.
Also, any other person having security cover will not be allowed to surrender his
security cover to act as such agent of a candidate or Party.
In election to Council of States same person cannot be appointed as the authorised
agent of more than one party

Declarations to be made by the Presiding Officer at the Commencement of Poll

22.1 Immediately before the commencement of the poll, you as the Presiding
Officer, are required under the law to demonstrate to the polling agents and others
present that the marked copy of the electoral roll (i.e. the list of electors) to be used
during the poll does not contain any entries other than those made in pursuance of rule
20(l)(b) and rule 23(2)(b) relating to supply of postal ballot papers (rule 33A). You are
also required to demonstrate that the ballot box to be used for conducting the poll is
empty. You are also required to affix your signature on the paper seal used, if any, for
securing the ballot box, and to obtain thereon the signatures of such of the polling agents
as are present and desirous of affixing the same. Further, the Commission has directed
that the polling agents will be allowed to note the first and the last of the serial numbers
of the ballot papers to be used at the polling station.

22.2 In order to ensure that these requirements have been complied with, the
Commission has prescribed a declaration to be made by you as the Presiding Officer and
to be signed by the polling agents before the commencement of the poll. The said
declaration is contained in Part I of Annexure XI(i)-E.Read out and complete that
declaration without fail before the commencement of poll.

Declaration to be made in Case Additional Ballot Boxes Used

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 22.3 If during the process of poll, it becomes necessary for you to use an additional
ballot box, you are again required to demonstrate it to the polling agents and others
present that the same is empty, and to seal and secure it in the manner as was followed
for sealing and securing the first ballot box. Every time an additional ballot box is used,
you are required to make further declaration as contained in Part II of Annexure XI(i)-
Eand obtain the signatures of the polling agents thereon.

Preparation of Ballot Papers for Issue-Signature of Presiding Officer and

Distinguishing Mark on the Back of Ballot Paper

23.1 Under rule 38A(1) read with rule 70, every ballot paper, before it is issued to
an elector, and the counterfoil attached to the ballot paper, shall be stamped on the back
with such distinguishing mark as Election Commission may direct. Further, every ballot
paper, before it is issued, shall be signed in full on its back by the Presiding Officer. The
details of such distinguishing mark prescribed by the Commission have already been
given in Chapter IX. It should be ensured that every ballot paper issued at your polling
station carries such distinguishing mark both on its back and the back of its counterfoil.
To ensure this, you should get all the ballot papers marked with the distinguishing mark
10 or 15 minutes before the commencement of poll.

23.2 As mentioned above, you are also required to put your signature in full on the
back of each ballot paper before it is issued to an elector. You should put your signatures
uniformly at the same space on the back of each ballot paper as that would facilitate easy
verification when the ballot paper is being dropped by the elector in the ballot box after
marking his vote thereon. The space in the bottom half of the distinguishing mark as
prescribed by the Commission can be conveniently used by you for your signature.

23.3 In order that the polling process is not hampered, you may sign one bundle of
ballot papers a few minutes before the commencement of poll and the other bundles
may be signed by you as and when necessary during the progress of the poll.

Shuffling of Bundles of Ballot Papers

24.1 At an election to the Council of States, there is no need for concealment of the
Serial No. of the ballot papers since the poll is held through open ballot.

24.2 At an election to the State Legislative Council by Members of Legislative

Assembly or from a Local Authorities’ Constituency, the serial numbers of the ballot
papers are effectively concealed by placing strips of black paper in the manner described
in Chapter IX, but the serial numbers of the counterfoils of the ballot papers are not so
concealed. Therefore, in order to remove any possibility of any polling agent, etc, noting
the serial number of a ballot paper issued to a particular voter, the Commission has
directed that the ballot papers should not be issued in consecutive serial order but at
random. However, as the ballot papers are supplied not in loose sheets but in bundles,
you should therefore, shuffle the first three or four bundles of ballot papers and use the
bundles at random. This process should not, however, be repeated towards the close of
the poll so that on the conclusion of thepoll, the numbers of ballot papers issued to the
voters will, as far as possible, be in continuous and unbroken series. The unused ballot
papers with their counterfoils are to be kept in a separate sealed cover at the close of the
polling. The counterfoils of used ballot papers shall be kept in a separate sealed cover.

Record of Electoral Roll Number of Elector on Counterfoil

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 25. Under rule 38A(2)(a) read with- rule 70, before a ballot paper is issued to an
elector, the polling officer shall record on its counterfoils the electoral roll number of the
elector as entered in the marked copy of the electoral roll. Therefore, the polling officer
in charge of ballot papers must note down the electoral roll number of the elector in the
space provided for the purpose on the counterfoil of the ballot paper. The first polling
officer, in charge of the marked copy of the electoral roll, should also underline the entry
relating to the name of that elector in the marked copy of the electoral roll, and should
also put a tick mark (√) on the left hand side of the name of the elector if she is a female
elector, to indicate that the ballot paper has been issued to the elector. He should,
however, not record the serial no. of the ballot paper issued to the elector in the marked
copy of the electoral roll.

Signature of Elector on Counterfoil

26. Under rule 38A(2)(b) read with rule 70, the signature or thumb impression of
every elector must be obtained on the counterfoil of the ballot paper before it is issued
to him. If any elector refuses to put his signature or his thumb impression on the
counterfoil of the ballot paper, he shall not be issued any ballot paper.

Meaning of Signature

27. A signature may be described as the writing of a person's name on a document

with the intention of authenticating that document. A literate person, while signing a
counterfoil of the ballot paper, will be required to write his name, i.e., both his name or
names and his surname in full or in any case his surname in full or name either in full or
by means of initials of that name or names. The preferable course in the case of a literate
voter will be to request him to sign his name, i.e., both his Christian name or names and
his surname in full. If a literate person puts simply a mark and insists that that mark
should be taken as a signature while claiming to be a literate person, then that mark
cannot be taken to be his signature because, as stated, signature means, in the case of a
literate person, the writing of the name of that person by himself in authentication of a
document on which he writes his name. In such a case, if he refuses to sign his name in
full as indicated above, then his thumb impression should be taken. If he refuses to give
his thumb impression also, then no ballot paper should be given to him.

Meaning of Thumb Impression

28. In conformity with rule 37(4) of Conduct of Elections Rules, 1961, if the left
thumb of the voter is missing, then the impression of the right thumb should be taken. If
both thumbs are missing, the impression of one of the fingers of the left hand starting
from the forefinger should be taken. If there are no fingers on the left hand, the
impression of the fingers of the right hand starting from the forefinger should be taken.
If no fingers are available, the voter being unable to mark his ballot paper will
necessarily have to seek assistance of a companion under rule 40A of the said rules. In
that case the signature or thumb impression of the companion should be taken on the
counterfoil.

Voting by Illiterate, Blind and Infirm Voters

29.1 As the system of proportional representation by means of the single

transferable vote is adopted in these elections, and as the symbol system is not followed,
not only blind and infirm electors, but also illiterate electors are permitted to take the
help of a companion for the purpose of recording the vote on the ballot paper. If you are
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satisfied that owing to illiteracy, blindness or other physical infirmity, a voter is unable
to read the names of candidates on the ballot paper or to record his vote without
assistance, you should permit the voter to take with him a companion of not less than 18
years of age into the voting compartment for recording his vote on the ballot paper on
his behalf. But at an election by Members of Legislative Assembly, no elector at the
election can act as such companion of another elector.You should also ensure that no
person is permitted to act as the companion of more than one elector at any polling
station on the same day and that he makes a declaration to the effect that he will keep
secret the vote recorded by him on behalf of the elector and that he has not already
acted as the companion of any other elector at any polling station on that day. The
declaration will be taken in the Form given in Annexure XI(i)-F.

29.2 As per Commission’s Instruction dated 24th February, 2010 (Annexure I-

D(i)), no helper or companion should be allowed inside the polling booths for helping /
assisting the voters except in the case of an illiterate/blind/infirm voter in accordance
with rule 40A (under rule 70) of the Conduct of Elections Rule, 1961. In case an elector
wishes to avail of the facility of a companion because of his illiteracy, blindness or
infirmity, he must give an advance intimation to that effect to the Returning Officer at
least 3 days before the date of Poll. The Returning Officer shall examine the eligibility of
the elector for getting the facility of companion and in case the Returning find the elector
eligible as per laid down provision, he/she shall indicate the same on the Electoral Roll
by making a mark against the name of the elector. On the day of poll, before voting,
such voters must also submit a declaration in the proforma enclosed at Annexure XI(i)-
F(b) herewith that he/she is illiterate/blind/infirm and thereafter action will be taken
by the Presiding Officer concerned as per Rule 40A of the Conduct of Elections Rules,
1961 and accordingly maintain a record for that purpose as per rule (Form 14A of the
Conduct of Elections Rules, 1961). The provisions contained in Rule 40A of the Conduct
of Elections Rules, 1961 shall be strictly followed in this regard. This list in Form 14(A)
shall be scrutinized along with the other documents viz. the CDs of video, Micro
Observer’s report, Presiding Officer’s report etc. by the Observer next day

29.3 Same person shall not be allowed to be accompanying more than one voter as
provided in the first proviso to Rule 40A.

29.4 There should be no objection to a candidate or an election agent or a polling

agent (if they are not electors for this election) acting as a companion of an illiterate,
blind or infirm voter. But they cannot act as such companion for more than one elector.
You or any polling officer should not accompany any illiterate, blind or infirm voter
inside the voting compartment.

29.5 You should keep a record of all such cases in Form 14A.

Signature/Thumb impression on Counterfoil of Ballot Paper by Illiterate, Blind or

Infirm Voters

30. Thumb impression of an illiterate, blind or infirm voter should be obtained on

the counterfoil of ballot paper. In case any blind or infirm voter is literate, he will be
allowed to put his signature. If any infirm voter can put neither his signature nor his
thumb impression, his companion shall put his signature or thumb impression on the

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counterfoil of ballot paper. A note may be made on the counterfoil regarding signature
or thumb impression of the companion.

Challenged and Tendered Votes

31.1 At an election by Members of Legislative Assembly, the voters will be

normally known to you and it is expected that there will be no impersonation at the
election. However, if the identity of any voter is challenged by a polling agent, you are
required to enquire into the matter and to proceed according to the provisions made in
this behalf in rule 36. A separate account of such challenged votes should be maintained
by you in Form 14.

31.2 Likewise, if an elector applies for a ballot paper after another person has
already voted as such elector, you may give him a ballot paper (known as "tendered
ballot paper") after following the procedure prescribed in rule 42. A separate account of
such tendered votes should be maintained in Form15.

Method of Voting

32.1 The elections to the Council of States are held under the system of
proportional representation by means of the single transferable vote. A voter has to
record his vote by marking his preference or preferences for the candidate(s) of his
choice against his/her/their names on the ballot paper.

32.2 An elector has as many preferences as the number of contesting candidates

irrespective of the number of candidates to be elected.

32.3 These preferences are to be indicated in figures, i.e., in the international form
of Indian numerals or in the Roman form or in the form used in any Indian language, but
shall not be indicated in words[see Explanation to rule 37A(2) read with rule 70 and
Explanation to rule 73(2)].

Marking of Ballot Papers by Electors with Articles Supplied for the purpose

33.1 Rule 39A(2)(b) read with rule 70 envisages that the elector shall record his
vote on the ballot paper with the article supplied for the purpose. A ballot paper marked
by an elector otherwise than with the article supplied for the purpose shall become
invalid under rule 73(2)(e).

33.2 The Commission has directed that only violet sketch pens should be supplied
to the electors for marking the ballot papers. Therefore, you should ensure that only
violet sketch pens, of identical ink and shade are supplied to the electors and the same
should be available in sufficient quantity with you so that the polling process is not
hampered.

Polling Agents Not to Note Down Serial Number of Ballot Papers Issued to Voters

34. Rule 38A(4) provides that no person in the polling station shall note down the
serial numbers of the ballot papers issued to particular electors.

Voting Procedure to be Strictly Followed

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 35. Information regarding casting of votes.- (1) Notwithstanding anything
contained in rule 39A, the presiding officer shall, between the period when an elector
being a member of a political party records his vote on a ballot paper and before such
elector inserts that ballot paper into the ballot box, allow the authorised agent of that
political party to verify as to whom such elector has cast his vote:

35(i) Provided that if such elector refuses to show his marked ballot paper to the
authorised agent of his political party, the ballot paper issued to him shall be taken back
by the presiding officer or a polling officer under the direction of the presiding officer
and the ballot paper so taken back shall then be further dealt with in the manner
specified in sub-rules (6) to (8) of rule 39A as if such ballot paper had been taken back
under sub-rule (5) of that rule. (2) Every political party, whose member as an elector
casts a vote at a polling station, shall, for the purposes of sub-rule (1), appoint, in Form
22A, two authorised agents.

35(ii) An authorised agent appointed under sub-rule (2) shall be present

throughout the polling hours at the polling station and the other shall relieve him when
he goes out of the polling station or vice versa.”. The voters belonging to political parties
to show to the authorized agents of their parties (if any appointed by them under the
Rule) to whom they have voted. They are to show this only to the Authorised agents of
their party and to nobody else. If they show to others, the Presiding Officer will take
back the filled ballot paper from them and get cancelled after following the procedure
prescribed.

36 During elections to the Council of States, it should be ensured that every voter
follows scrupulously the voting procedure laid down under rule 39AA.

36(i) Every voter shall be made to leave the place of poll immediately after casting
his vote. He will not be permitted to remain in the place of poll after he has voted.

Safeguards Against Insertion of Spurious Ballot Papers in the Ballot Box

37.1 Reports have been received by the Commission that attempts are sometimes
made to smuggle the ballot papers out of the polling station for misuse. One way of
doing this is to put some spurious paper resembling a ballot paper into the ballot box
and to take the genuine ballot paper out of the polling station. In order to check this
malpractice, the Commission has directed that a sufficiently large distinguishing mark
(as specified in Chapter IX) should be put on the back of each ballot paper so that it
becomes visible even after the ballot paper is folded. Additionally, the Commission has
desired that a special quality paper on which the legend "Election Commission of India"
is printed or micro tinted all over on the reverse may be used for the purpose of printing
ballot papers for the elections by Members of Legislative Assembly. Further, you are also
required by law to put your signature on the back of each ballot paper. If these
safeguards are taken, it can be generally ensured that no spurious ballot paper is
inserted by any elector into the ballot box. A strict vigil on the part of the poling officer
in charge of the ballot box is nevertheless required to ensure that an elector inserts only
the genuine ballot paper into the box. In any doubtful case, you can ask the elector to
show the distinguishing mark on the back of the ballot paper before its insertion into the
ballot box.

37.2 It may also be noted that putting fraudulently anything into the ballot box
other than the ballot paper which an elector is authorized by law to put in, is an electoral
offence under section 136. This offence is cognizable. Therefore, if any elector is found to
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be indulging in such electoral offence, you should not hesitate to proceed forthwith
against him under the law.

Safeguards Against Removal of Ballot Papers from Place of Poll

37.3 In case any complaint is received from a candidate or his election agent or
polling agent that a ballot paper is being illegally taken out of the place of poll by a voter
and you are prima-facie satisfied about the genuineness of such complaint, you should
arrange for a search being carried out on the person of such voter with full regard to the
status of the voter.

37.4 It may be noted that taking or attempt to take a ballot paper out of a polling
station fraudulently is a-cognizable electoral offence under section 135. Therefore, you
should proceed forthwith against any elector who is found to be indulging in such
electoral offence.

Close of Poll
38. The poll should be closed at the hour fixed for the purpose, even if for certain
unavoidable reasons, it had commenced somewhat later than the hour appointed for the
commencement of poll. However, all voters present at the polling station at the hour
appointed for the close of poll should be permitted to cast their vote even if the poll has
to be continued for some time beyond the appointed closing hour.

Supply of Attested Copy of Ballot Paper Account to Polling Agents

39. Every Presiding Officer is required by rule 45 read with rule 70 to prepare at
the close of the poll the ballot paper account in Part I of Form 16. He is also required by
the said rule to furnish to every polling agent present at the close of the poll a true
attested copy of the ballot paper account prepared by him after obtaining a receipt from
those polling agents. A sample ballot paper account prepared in Part I of Form 16 is
given for your guidance at Annexure XI(i)-G.

Declaration to be Made at the Close of Poll

40. In order that the requirements of rule 45 regarding furnishing of copies of

ballot paper account to the polling agents, referred to above, are fulfilled by the
Presiding Officer, the Commission has devised a declaration (Part III, Annexure XI(i)-E
which should be made by the Presiding Office. At the close of poll, you should, therefore,
make that declaration in the prescribed form at the close of poll and obtain signatures of
the polling agents, to whom the copies of ballot paper account have been furnished by
you, on that form. Copies of the ballot paper account should be furnished to every
polling agent present even without his asking for it.

Sealing of the ballot Box and safe Custody thereof at the Close of Poll

41. At the close of poll, you should seal and secure the ballot box(es) in accordance
with the provision of rule 44B read with rule 70.

Report to the Election Commission about the Conduct of Poll

42.1 As soon as may be after close of poll and the sealing of the ballot box(es), you
should send a complete report to the Election Commission about the poll proceedings by

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the fastest means of communication available, i.e. Fax/E-mail. The report should be sent
to the Commission in the prescribed format reproduced in Annexure XI(i)-H.

42.2 The counting of votes shall not be taken up until the clearance of the Election
Commission for commencement of counting of votes is received by you in writing after
the receipt of your said report.

Sealing of Election Papers

43.1 After the close of poll, all election papers relating to the poll should be sealed
in accordance with the provisions of rule 46 read with rule 70 and the instructions and
directions of the Commission on the subject. The instructions and directions of the
Commission about the sealing of the election papers and election materials are
contained in Annexure XI(i)-I. You should meticulously follow those instructions in so
far as they cover the election records maintained by you at your polling station.

Arrangements for Safe Custody of Election Records

43.2 Under the second proviso to rule 92(2) all election papers shall be kept in the
custody of the Returning Officer in the case of election by Members of Legislative
Assembly. You are, therefore, responsible under the law for the maintenance and safe
custody of the election records relating to election conducted by you.

SIMULTANEOUS ELECTIONS TO THE COUNCIL OF STATES

44. Sometimes elections may be held simultaneously to the Council of States from a
State. At such simultaneous elections, the Commission directs that the following
arrangements shall be done for each election :-
(i) Public notice under rule 3 of the Conduct of Elections Rules, 1961 is required
to be issued separately for each election.
(ii) Each candidate shall have to mention in his nomination paper clearly as to
which election he intends to contest by indicating clearly the name of the
election viz. “Biennial election to the ………………..” or “Bye-election to the
……………….” If required the name of the members for whose vacancy the
election is being held shall be indicated in order to avoid any confusion.
(iii) Separate sets of ballot papers will be prepared for both elections and the
colour of the ballot paper shall also be different for each election as has been
explained earlier in Chapter IX.
(iv) Separate polling stations, preferably by making partition in the place proposed
as polling station, for each election may be made and outside each polling
station, a notice may be displayed by indicating “Polling Station for Biennial
election to the ………………….” or “ Polling Station for Bye-election to the
……………….” If required the name of the members for whose vacancy the
election is being held shall be indicated in order to avoid any confusion.
(v) Separate ballot boxes should be used for each election.
(vi) Separate sets of electoral roll should be used at each polling station.
(vii) Each polling station should be manned by separate set of officers; and
(viii) Counting of the votes should also be taken up separately.

45. You will observe from paragraph 5 above that two polling officers will normally
be enough for a single election to the Council of States from a State. At simultaneous
elections, additional polling officer should be appointed separately who should be in-
charge of the marked copy of the electoral roll and the ballot papers for election. The
details of duties to be performed by each polling officer, when more polling officers are
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appointed at simultaneous elections are indicated at Annexure XI(i)-J. Where, however,
you decide to appoint four polling officers, the duties to be performed by them shall be
as indicated in Annexure XI(i)-K.

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 CHAPTER XI (ii)

ELECTIONS TO THE STATE LEGISLATIVE COUNCIL

A. ELECTIONS TO THE STATE LEGISLATIVE COUNCIL BY MEMBERS OF

LEGISLATIVE ASSEMBLY

The Poll

1. Poll is the most important event in the election process. It is through the poll
that the electors express their choice of the candidate to represent them in a democracy.
Any irregularity in the conduct of poll may vitiate the election and, therefore, you should
ensure that the poll is conducted strictly in accordance with the law and the prescribed
procedure.

Legal Provisions

2.1 The legal provisions for the conduct of poll at an election to the a State
Legislative Council are contained in sections 56 to 62 of the Representation of the
People Act, 1951 and rules 67 to 70 of the Conduct of Elections Rules, 1961. By rule 70,
the provisions of rules 28 to 35 and 36 to 48 (except Rule 39AA) of the said Rules and
Forms 14 to 16 appended to the said rules making provisions for the conduct of poll in
parliamentary and assembly Constituencies have been made applicable to elections to
the Council of States and the State Legislative Councils, subject to the modifications as
specified in rule 70. You should fully familiarize yourself with these legal provisions.

2.2 As elections to the State Legislative Council have certain distinguishing

features, various matters relating to the conduct of poll at these two types of elections
have been discussed hereunder separately.

2.3 Election to the State Legislative Council by members of the State Legislative
Assembly is also known under the Conduct of Elections Rules, 1961 as an "election by
Members of Legislative Assembly" [see rule 2(l)(c)]. 'Therefore, the poll at an election to
the State Legislative Council by members of the State Legislative Assembly is taken in
the same manner as the poll at an election to the Council of States except for open ballot
system followed in the case of election to the Council of States. The notable distinctions
are that (i) the secrecy of ballot papers shall be strictly maintained during
elections to the State Legislative Councils i.e. open ballot system is not applicable
in the case of election to the Legislative Council by MLAs and (ii) the nominated
members, if any, of the State Assembly also vote at an election to the State Legislative
Council, where as only the elected members vote at an election to the Council of States.

2.4 However, all the polling procedure for taking up the poll for an election to the
State Legislative Council by members of the State Legislative Assembly, are given in
detail in the following paras :-

Place of Poll
3.1 At an election to the State Legislative Council by the members of the Legislative
Assembly of the State, the poll shall be taken at such place as may be fixed by the
Returning Officer with the previous approval of the Election Commission [vide section
29(1)]. You are required by section 29(1) to notify the place so fixed (hereinafter
referred to as 'polling station') in such manner as the Election Commission may direct.
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The Election Commission has directed that this place may be notified by displaying a
notice to that effect on the notice board of the Legislative Assembly.

3.2 The place of poll should normally be fixed in the precincts of the Legislative
Assembly building. The room or hall selected for the purpose should be adequately big
so that there is sufficient accommodation for making the seating arrangements of the
polling agents and the polling personnel and the setting up of the voting compartments.
The room or the hall selected for the purpose should have two doors-one for the entry of
electors and the other for their exit.

Returning Officer to act asPresiding Officer

4. The Returning Officer also acts as the Presiding Officer at such polling station i.e.
the place fixed for poll [vide section 29(2)]. You should, therefore, be fully conversant
with the procedure for the conduct of poll and the relevant instructions and directions of
the Commission in this regard.

Polling Officers

5.1 You may appoint such number of persons to act as polling officers to assist you
in the conduct of poll as you think necessary. Normally, two polling officers will be
enough for the purpose. In case you feel that the number of electors is quite large, you
may appoint three polling officers.

5.2 Those polling officers should normally be drawn from the Secretariat of the
Legislature. They should be formally appointed by you as such polling officers under the
provisions of section 29(2).

Duties of Polling Officers

6.1 The details of duties to be performed by each polling officer, when two polling
officers are appointed, are indicated in Annexure XI(i)-A. Likewise, the details of duties
to be performed by them when three polling officers are appointed are indicated in
Annexure XI(i)-B.

6.2 Intensive training should be given to the polling officers so that they are fully
conversant with their duties.

Notice to Electors

7.1 At an election by Members of Legislative Assembly where poll becomes

necessary, you are required to send, as soon as may be after the last date for withdrawal
of candidatures, a notice to each elector informing him of the date, time and place fixed
for polling [vide rule 69].

7.2 Such notice should be sent to each elector including an elector under
preventive detention, if any. As has been explained earlier, an elector under preventive
detention is entitled to vote by postal ballot. The appropriate Governments should
communicate to you within 15 days after the date of the notification of the election (a)
the names of all such voters as are being held by them in preventive detention and (b)
the respective places where they are being so held. Even if the Government has failed to
do so, an elector under preventive detention may himself give you, in writing, a notice of
his intention to vote by postal ballot. In either case, if you are satisfied (a) that his name
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has been entered in the electoral roll and (b) that he is under preventive detention, you
will send him a postal ballot paper addressed to the place where e is being so detained.

Exhibition of Notice outside the Polling Station

8.1 Under rule 31(l)(b) as applied by rule 70, you are required to display
prominently outside the polling station, a copy of the list of contesting candidates.

8.2 In order that the electors are properly informed about the system and the
procedure followed at elections to Council of States, and to minimize the rejection of
ballot papers the Commission has decided that suitable instructions should be issued to
the electors. For this purpose, individual letters must be issued to electors on the
procedure of voting. In addition, a notice containing important instructions should be
displayed prominently outside the polling station. A form of such model notice is given
in Annexure XI(i)-C.

Seating Arrangements for Presiding Officer and Polling Officers

9. Inside the polling station, you as the Presiding Officer should sit in such a place
from where you can watch all the proceedings in the polling station. The polling officers
should be so seated that an elector after entering into the polling station straightway
proceeds to the first polling officer and from him to the tables of other polling officers in
a systematic manner. No criss-cross movement of the electors should be permitted.

Seating Arrangement for Polling Agents

10. Suitable seating arrangement should be made for polling agents when they are
present at the poll. Their seats should be provided at the back of the first Polling Officer
so that they may have adequate opportunity to challenge the identity of electors before
they are supplied with ballot papers. Where this is not practicable because of the
situation of the door for entrance, they may be given seats just opposite this polling
officer. In any seating arrangement they should be provided opportunity of seeing the
faces of the electors and challenging their identity whenever necessary.

Voting Compartments

11. One or more voting compartments should be provided in the polling station,
depending upon the size of the room/hall, the number of electors and the number of
contesting candidates. Efforts should be made to provide at least two voting
compartments where the number of electors or the number of contesting candidates is
large so that the electors may not have to wait for long for going into the voting
compartment for marking their votes. The voting compartments must be such as to
ensure total secrecy during marking.

Who is Entitled to Vote

12.1 At an election to the Council of States, only the elected members of the State
Assembly are entitled to vote [Article 80(4) of the Constitution].

12.2 The list of members entitled to vote shall be maintained by you under section
152 of the Representation of the People Act, 1951 in the manner prescribed by the
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Commission under rule 96 of the Conduct of Elections Rules, 1961. The Commission's
directions in this behalf have already been reproduced for facility of your reference in
Chapter-II.

Note - Elected members of State Legislative Assemblies can take part in elections to
Council of States/State Legislative Council even before taking oath as members of
respective State Legislative Assemblies (as held by the Supreme Court in
PashupatiNathSukul Vs. Nem Chandra Jain & others (74 ELR-83).

Right to Vote of a Member whose Election has been Set Aside but Operation of the
Order stayed Pending Appeal

13. A question arose at the time of 1968 biennial election to the Council of States
from West Bengal as to whether the name of a member whose election had been set
aside by the High Court as a result of an election petition should be included in the list of
electors maintained under section 152, and whether he should be eligible to vote at the
biennial election in view of the conditional stay granted by the Supreme Court. The
Supreme Court, to which a reference in the matter was made, directed that such a
member would not be allowed to vote in the election to the Council of States or to the
Legislative Council. The entire correspondence in this regard is reproduced for your
guidance in Annexure XI(i)-D.

Persons to be Admitted Inside the Polling Station

14.1 You should admit inside the polling station only the following persons:
1. Polling officers;
2. each candidate, his election agent and one polling agent of each candidate at
a time;
3. persons authorized by the Commission;
4. public servants on duty specifically authorised;
5. a child in arms accompanying an elector;
6. a person accompanying an illiterate voter who cannot vote without help or
a blind or an infirm voter who cannot move without help; and
7. such other persons as you may from time to time specifically admit for the
purpose of identifying voters or otherwise assisting you in taking the poll.

14.2 The Returning Offices have been asked to issue identity cards to the
contesting candidates. In case necessity arises, you may ask for its production. Similarly,
the election agents of the candidates can be asked to produce the attested duplicate copy
of their appointment letters. The attestation is made by the Returning Officer.

14.3 You should note that the expression 'public servants on duty' does not include
Ministers, State Ministers and Deputy Ministers of the Centre or of any State and does
not also normally include police officers. Such officers whether in uniform or in plain
clothes should not normally be allowed to enter into a polling station unless you decide
to call them in, in unavoidable circumstances for the maintenance of law and order or
some similar purpose.

N.B. No security guards accompanying any elector or any candidate or his election
agent or any of his polling agents shall be allowed to enter the polling station in any
circumstance.

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Regulation of Entry of Voters Inside the Polling Station

15.1 Subject to any special direction of the Election Commission, the entry of
voters inside the polling station should be so regulated that at any given point of time,
net more than four electors are inside the place of poll. The next voter shall be allowed
entry inside the place of poll only after one of the voters inside such place has gone out
after casting his vote.

15.2 A separate room or place adjacent to the place of poll shall be arranged and
facilities provided for sitting, etc., so that the voters can conveniently await their turn for
voting.

15.3 No voter having security guards should be permitted to take his security
guards inside the place of poll under any circumstance.

Facilities to Press Representatives and Photographers

16. Subject to the maintenance of peace and order, there is no objection to any
photographer taking photographs of a crowd of voters lining up outside the polling
station. However, no one including the publicity officials of the State Government should
be allowed inside a polling station without a specific letter of authority from the Election
Commission. Authority issued by any other person, agency or authority other than the
Election Commission shall not be valid for such entry. In no circumstance will any
photograph be allowed to be taken of a voter marking his ballot paper.

Attendance of Polling Agents

17. The polling agents of the candidates should be asked to reach the polling
station at least 15 minutes before commencement of poll in order to be present when
you are going through the preliminaries. If any part of these preliminaries has already
been gone through, the proceedings need not be commenced de novo to accommodate
any latecomer. The law does not specify any time limit for the appointment of polling
agents and even if a polling agent turns up late at a polling station he should be allowed
to participate in the further proceeding at the polling station.

Production of Appointment Letters by Polling Agents

17.2 Every polling agent must produce before you the appointment letter in Form
10 by which the candidate or his election agent has appointed him. Check that the
appointment is for your polling station. The polling agent should then complete the
document and sign the declaration therein in your presence and then deliver it to you
before he can be admitted into the polling station. Preserve all such appointment letters
and at the end of the poll keep them in a cover for safe custody along with other
documents.

Passes for Polling Agents

18. Each candidate can appoint one polling agent and two relief polling agents at
each polling station. However, only one polling agent of a candidate should be allowed
inside the polling station at any given time. Give to every polling agent who is admitted

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into the polling station a permit or pass on the authority of which he can come in and go
out of the polling station, as may be necessary.

Preparation of BallotBox

19. You should begin preparing the ballot box for the poll, 10 or 15 minutes before
the hour fixed for the commencement of poll. The instructions for operating a ballot box
of the design in use in your State are contained in the booklet 'handbook for Presiding
Officers', printed for your State. You should obtain a copy of that booklet from the Chief
Electoral Officer of your State and familiarize yourself with the operation of the box.

Fixing of Paper Seal

20. Fix the paper seal, where it is used, in position in the frame so that the green
background is visible through the window of the ballot box. You should note that only
one paper seal will be used. Take the signatures of the polling agents present and affix
your own signature on the white surface of the paper seal. See that the signatures of the
polling agents tally with their signatures on the declaration in Form 10. Verify that the
paper seal cannot be shifted from the position by softly pulling it at the end. Do not use a
damaged paper seal. As the green paper seal will be 10" (25.4 cm) in length, you should
take care to fold the two ends so that the paper seal does not hang loose inside the ballot
box where it may be damaged when the ballot papers are pushed by means of pusher.

Commencement of Poll-Warning about Secrecy of Voting

21. Before commencing the poll, explain to all present the provisions of section
128 of the Representation of the People Act, 1951, regarding their duty to maintain the
secrecy of the vote and the penalty for any breach thereof. Detailed instructions has
been issued by the Commission in March 1988.

Declarations to be made by the Presiding Officer at the Commencement of Poll

22.1 Immediately before the commencement of the poll, you as the Presiding
Officer, are required under the law to demonstrate to the polling agents and others
present that the marked copy of the electoral roll (i.e. the list of electors) to be used
during the poll does not contain any entries other than those made in pursuance of rule
20(l)(b) and rule 23(2)(b) relating to supply of postal ballot papers (rule 33A). You are
also required to demonstrate that the ballot box to be used for conducting the poll is
empty. You are also required to affix your signature on the paper seal used, if any, for
securing the ballot box, and to obtain thereon the signatures of such of the polling agents
as are present and desirous of affixing the same. Further, the Commission has directed
that the polling agents will be allowed to note the first and the last of the serial numbers
of the ballot papers to be used at the polling station.

22.2 In order to ensure that these requirements have been complied with, the
Commission has prescribed a declaration to be made by you as the Presiding Officer and
to be signed by the polling agents before the commencement of the poll. The said
declaration is contained in Part I of Annexure XI(i)-E. Read out and complete that
declaration without fail before the commencement of poll.

Declaration to be made in Case Additional Ballot Boxes Used

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 22.3 If during the process of poll, it becomes necessary for you to use an additional
ballot box, you are again required to demonstrate it to the polling agents and others
present that the same is empty, and to seal and secure it in the manner as was followed
for sealing and securing the first ballot box. Every time an additional ballot box is used,
you are required to make further declaration as contained in Part II of Annexure XI (i)-
Eand obtain the signatures of the polling agents thereon.

Preparation of Ballot Papers for Issue-Signature of Presiding Officer and

Distinguishing Mark on the Back of Ballot Paper

23.1 Under rule 38A(1) read with rule 70, every ballot paper, before it is issued to
an elector, and the counterfoil attached to the ballot paper, shall be stamped on the back
with such distinguishing mark as Election Commission may direct. Further, every ballot
paper, before it is issued, shall be signed in full on its back by the Presiding Officer. The
details of such distinguishing mark prescribed by the Commission have already been
given in Chapter IX. It should be ensured that every ballot paper issued at your polling
station carries such distinguishing mark both on its back and the back of its counterfoil.
To ensure this, you should get all the ballot papers marked with the distinguishing mark
10 or 15 minutes before the commencement of poll.

23.2 As mentioned above, you are also required to put your signature in full on the
back of each ballot paper before it is issued to an elector. You should put your signatures
uniformly at the same space on the back of each ballot paper as that would facilitate easy
verification when the ballot paper is being dropped by the elector in the ballot box after
marking his vote thereon. The space in the bottom half of the distinguishing mark as
prescribed by the Commission can be conveniently used by you for your signature.

23.3 In order that the polling process is not hampered, you may sign one bundle of
ballot papers a few minutes before the commencement of poll and the other bundles
may be signed by you as and when necessary during the progress of the poll.

Shuffling of Bundles of Ballot Papers

24. At an election to the State Legislative Council by Members of Legislative

Assembly or from Local Authorities’ Constituency, the serial numbers of the ballot
papers are effectively concealed by placing strips of black paper in the manner described
in Chapter IX, but the serial numbers of the counterfoils of the ballot papers are not so
concealed. Therefore, in order to remove any possibility of any polling agent, etc, noting
the serial number of a ballot paper issued to a particular voter, the Commission has
directed that the ballot papers should not be issued in consecutive serial order but at
random. However, as the ballot papers are supplied not in loose sheets but in bundles,
you should therefore, shuffle the first three or four bundles of ballot papers and use the
bundles at random. This process should not, however, be repeated towards the close of
the poll so that on the conclusion of thepoll, the numbers of ballot papers issued to the
voters will, as far as possible, be in continuous and unbroken series. The unused ballot
papers with their counterfoils are to be kept in a separate sealed cover at the close of the
polling. The counterfoils of used ballot papers shall be kept in a separate sealed cover.

Record of Electoral Roll Number of Elector on Counterfoil

25. Under rule 38A(2)(a) read with- rule 70, before a ballot paper is issued to an
elector, the polling officer shall record on its counterfoils the electoral roll number of the
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elector as entered in the marked copy of the electoral roll. Therefore, the polling officer
in charge of ballot papers must note down the electoral roll number of the elector in the
space provided for the purpose on the counterfoil of the ballot paper. The first polling
officer, in charge of the marked copy of the electoral roll, should also underline the entry
relating to the name of that elector in the marked copy of the electoral roll, and should
also put a tick mark (√) on the left hand side of the name of the elector if she is a female
elector, to indicate that the ballot paper has been issued to the elector. He should,
however, not record the serial no. of the ballot paper issued to the elector in the marked
copy of the electoral roll.

Signature of Elector on Counterfoil

26. Under rule 38A(2)(b) read with rule 70, the signature or thumb impression of
every elector must be obtained on the counterfoil of the ballot paper before it is issued
to him. If any elector refuses to put his signature or his thumb impression on the
counterfoil of the ballot paper, he shall not be issued with any ballot paper.

Meaning of Signature

27. A signature may be described as the writing of a person's name on a document

with the intention of authenticating that document. A literate person, while signing a
counterfoil of the ballot paper, will be required to write his name, i.e., both his name or
names and his surname in full or in any case his surname in full or names either in full or
by means of initials of that name or names. The preferable course in the case of a literate
voter will be to request him to sign his name, i.e., both his Christian name or names and
his surname in full. If a literate person puts simply a mark and insists that that mark
should be taken as a signature while claiming to be a literate person, then that mark
cannot be taken to be his signature because, as stated, signature means, in the case of a
literate person, the writing of the name of that person by himself in authentication of a
document on which he writes his name. In such a case, if he refuses to sign his name in
full as indicated above, then his thumb impression should be taken. If he refuses to give
his thumb impression also, then no ballot paper should be given to him.

Meaning of Thumb Impression

28. In conformity with rule 37(4) of Conduct of Elections Rules, 1961, if the left
thumb of the voter is missing, then the impression of the right thumb should be taken. If
both thumbs are missing, the impression of one of the fingers of the left hand starting
from the forefinger should be taken. If there are no fingers on the left hand, the
impression of the fingers of the right hand starting from the forefinger should be taken.
If no fingers are available, the voter being unable to mark his ballot paper will
necessarily have to seek assistance of a companion under rule 40A of the said rules. In
that case the signature or thumb impression of the companion should be taken on the
counterfoil.

Voting by Illiterate, Blind and Infirm Voters

29.1 As the system of proportional representation by means of the single

transferable vote is adopted' in these elections, and as the symbol system is not
followed, not only blind and infirm electors, but also illiterate electors are permitted to
take the help of a companion for the purpose of recording the vote on the ballot paper. If
you are satisfied that owing to illiteracy, blindness or other physical infirmity, a voter is
unable to read the names of candidates on the ballot paper or to record his vote without
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assistance, you should permit the voter to take with him a companion of not less than 18
years of age into the voting compartment for recording his vote on the ballot paper on
his behalf. But at an election by Members of Legislative Assembly, no elector at the
election can act as such companion of another elector. You should also ensure that no
person is permitted to act as the companion of more than one elector at any polling
station on the same day and that he makes a declaration to the effect that he will keep
secret the vote recorded by him on behalf of the elector and that he has not already
acted as the companion of any other elector at any polling station on that day. The
declaration will be taken in the Form given in Annexure XI(i)-F.

29.2 There should be no objection to a candidate or an election agent or a polling

agent (if they are not electors for this election) acting as a companion of an illiterate,
blind or infirm voter. But they cannot act as such companion for more than one elector.
You or any polling officer should not accompany any illiterate, blind or infirm voter
inside the voting compartment.

29.3 You should keep a record of all such cases in Form 14A.

Signature/Thumb impression on Counterfoil of Ballot Paper by Illiterate, Blind or

Infirm Voters

30. Thumb impression of an illiterate, blind or infirm voter should be obtained on

the counterfoil of ballot paper. In case any blind or infirm voter is literate, he will be
allowed to put his signature. If any infirm voter can put neither his signature nor his
thumb impression, his companion shall put his signature or thumb impression on the
counterfoil of ballot paper. A note may be made on the counterfoil regarding signature
or thumb impression of the companion.

COMPULSORY IDENTIFICATION OF VOTERS AT THE TIME OF VOTING FOR THE

ELECTION TO THE STATE LEGISLATIVE COUNCIL

31.1 The documents that will be required to be produced during poll in various
Constituencies are as under:-

Sl Name of Elections Document to be produced at the time of

No. voting.
1. State Legislative Council By MLAs Identity card issued by Legislative
Assembly.
2. State Legislative Council from EPIC or any identity card having
Graduates’ Constituency / photograph/ or other alternate document
Teachers’ Constituency which may be prescribed by the
Commission at the appropriate time during
election for Graduates’ Constituencies.
3. State Legislative Council from EPICs/Identity cards issued by local bodies
Local Authorities’ Constituency concerned.

Challenged and Tendered Votes

31.2 At an election to the State Legislative Council, the voters will be normally
known to you and it is expected that there will be no impersonation at the election.
However, if the identity of any voter is challenged by a polling agent, you are required to

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enquire into the matter and to proceed according to the provisions made in this behalf in
rule 36. A separate account of such challenged votes should be maintained by you in
Form 14.

31.3 Likewise, if an elector applies for a ballot paper after another person has
already voted as such elector, you may give him a ballot paper (known as "tendered
ballot paper") after following the procedure prescribed in rule 42. A separate account of
such tendered votes should be maintained in Form15.

Method of Voting

32.1 The elections to the State Legislative Councils are held under the system of
proportional representation by means of the single transferable vote and through secret
ballot. A voter has to record his vote by marking his preference or preferences for the
candidate(s) of his choice against his/her/their names on the ballot paper.

32.2 An elector has as many preferences as the number of contesting candidates

irrespective of the number of candidates to be elected.

32.3 These preferences are to be indicated in figures, i.e., in the international form
of Indian numerals or in the Roman form or in the form used in any Indian language, but
shall not be indicated in words [see Explanation to rule 37A(2) read with rule 70 and
Explanation to rule 73(2)].

Marking of Ballot Papers by Electors with Articles Supplied for the purpose

33.1 Rule 39A(2)(b) read with rule 70 envisages that the elector shall record his
vote on the ballot paper with the article supplied for the purpose. A ballot paper marked
by an elector otherwise than with the article supplied for the purpose shall become
invalid under rule 73(2)(e).

33.2 The Commission has directed that only violet sketch pens should be supplied
to the electors for marking the ballot papers. Therefore, you should ensure that only
violet sketch pens, of identical ink and shade are supplied to the electors and the same
should be available in sufficient quantity with you so that the polling process is not
hampered.

Secrecy of Voting

34. It is of paramount importance that complete secrecy of voting is maintained

not only by the polling personnel responsible for the conduct of poll, but also by the
candidates, their agents and others present in the polling station as well as the electors
themselves.

Polling Agents Not to Note Down Serial Number of Ballot Papers Issued to Voters

35. The polling agents should not be permitted to take notes of the serial number
of any ballot paper issued to any voter. Nor should they take any other notes which may
enable them to work out these serial numbers, as this would violate the secrecy of vote.
You have the authority to prevent anyone from taking any such notes, as this amounts to
misconduct as being an attempt to violate the secrecy of the vote. You are competent to
seize and forfeit any document on which a polling agent may have taken any such note. If

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any polling agent persists in taking such notes, in spite of warning, you should not allow
him to remain in the polling station.

Voting Procedure to be Strictly Followed

36.1 It should be ensured that every voter follows scrupulously the voting
procedure laid down under rule 39A(2) read with rule 70. He must record his vote on
the ballot paper only inside the fully screened voting compartment in complete secrecy
and at no other place. No voter or any other person inside the polling station should be
permitted in any case to violate the secrecy of voting. The elector after marking his
ballot paper inside the voting compartment should fold it on the refolded lines before
coming out of the voting compartment. If he violates the secrecy of voting by displaying
his marked ballot paper to anyone inside the polling station or in any other manner or
refuses after being warned by you, to observe the prescribed voting procedure, the
ballot paper should be taken back from him whether he has recorded his vote thereon or
not. The ballot paper so taken back should be cancelled by you and you should record on
its back the words "Cancelled: voting procedure violated" and put your signature below
these words. Such cancelled ballot paper shall be kept by you in a separate cover which
shall bear on its face the words "Ballot Papers - voting procedure violated".

36.2 Every voter shall be made to leave the place of poll immediately after casting
his vote. He will not be permitted to remain in the place of poll after he has voted.

Safeguards Against Insertion of Spurious Ballot Papers in the Ballot Box

37.1 Reports have been received by the Commission that attempts are sometimes
made to smuggle the ballot papers out of the polling station for misuse. One way of
doing this is to put some spurious paper resembling a ballot paper into the ballot box
and to take the genuine ballot paper out of the polling station. In order to check this
malpractice, the Commission has directed that a sufficiently large distinguishing mark
(as specified in Chapter IX) should be put on the back of each ballot paper so that it
becomes visible even after the ballot paper is folded. Additionally, the Commission has
desired that a special quality paper on which the legend "Election Commission of India"
is printed or micro tinted all over on the reverse may be used for the purpose of printing
ballot papers for the elections by Members of Legislative Assembly. Further, you are also
required by law to put your signature on the back of each ballot paper. If these
safeguards are taken, it can be generally ensured that no spurious ballot paper is
inserted by any elector into the ballot box. A strict vigil on the part of the poling officer
in charge of the ballot box is nevertheless required to ensure that an elector inserts only
the genuine ballot paper into the box. In any doubtful case, you can ask the elector to
show the distinguishing mark on the back of the ballot paper before its insertion into the
ballot box.

37.2 It may also be noted that putting fraudulently anything into the ballot box
other than the ballot paper which an elector is authorized by law to put in, is an electoral
offence under section 136. This offence is cognizable. Therefore, if any elector is found to
be indulging in such electoral offence, you should not hesitate to proceed forthwith
against him under the law.

Safeguards Against Removal of Ballot Papers from Place of Poll

37.3 In case any complaint is received from a candidate or his election agent or
polling agent that a ballot paper is being illegally taken out of the place of poll by a voter
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and you are prima-facie satisfied about the genuineness of such complaint, you should
arrange for a search being carried out on the person of such voter with full regard to the
status of the voter.

37.4 It may be noted that taking or attempt to take a ballot paper out of a polling
station fraudulently is a-cognizable electoral offence under section 135. Therefore, you
should proceed forthwith against any elector who is found to be indulging in such
electoral offence.

Close of Poll

38. The poll should be closed at the hour fixed for the purpose, even if for certain
unavoidable reasons, it had commenced somewhat later than the hour appointed for the
commencement of poll. However, all voters present at the polling station at the hour
appointed for the close of poll should be permitted to cast their vote even if the poll has
to be continued for sometime beyond the appointed closing hour.

Supply of Attested Copy of Ballot Paper Account to Polling Agents

39. Every Presiding Officer is required by rule 45 read with rule 70 to prepare at
the close of the poll the ballot paper account in Part I of Form 16. He is also required by
the said rule to furnish to every polling agent present at the close of the poll a true
attested copy of the ballot paper account prepared by him after obtaining a receipt from
those polling agents. A sample ballot paper account prepared in Part I of Form 16 is
given for your guidance at Annexure XI(i)-G.

Declaration to be Made at the Close of Poll

40. In order that the requirements of rule 45 regarding furnishing of copies of

ballot paper account to the polling agents, referred to above, are fulfilled by the
Presiding Officer, the Commission has devised a declaration (Part III, Annexure XI (i)-
Ewhich should be made by the Presiding Office. At the close of poll, you should,
therefore, make that declaration in the prescribed form at the close of poll and obtain
signatures of the polling agents, to whom the copies of ballot paper account have been
furnished by you, on that form. Copies of the ballot paper account should be furnished to
every polling agent present even without his asking for it.

Sealing of the ballot Box and safe Custody thereof at the Close of Poll

41. At the close of poll, you should seal and secure the ballot box(es) in accordance
with the provision of rule 44B read with rule 70.

Report to the Election Commission about the Conduct of Poll

42.1 As soon as may be after close of poll and the sealing of the ballot box(es), you
should send a complete report to the Election Commission about the poll proceedings by
the fastest means of communication available, i.e. Fax/E-mail. The report should be sent
to the Commission in the prescribed format reproduced in Annexure XI (i)-H.

42.2 The counting of votes shall not be taken up until the clearance of the Election
Commission for commencement of counting of votes is received by you in writing after
the receipt of your said report.

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Sealing of Election Papers

43.1 After the close of poll, all election papers relating to the poll should be sealed
in accordance with the provisions of rule 46 read with rule 70 and the instructions and
directions of the Commission on the subject. The instructions and directions of the
Commission about the sealing of the election papers and election materials are
contained in Annexure XI (i)-I. You should meticulously follow those instructions in so
far as they cover the election records maintained by you at your polling station.

Arrangements for Safe Custody of Election Records

43.2 Under the second proviso to rule 92(2) all election papers shall be kept in the
custody of the Returning Officer in the case of election by Members of Legislative
Assembly. You are, therefore, responsible under the law for the maintenance and safe
custody of the election records relating to election conducted by you.

Simultaneous Elections to State Legislative Council by Members of Legislative

Assembly

45. Sometimes elections may be held simultaneously to the State Legislative

Council by Members of Legislative Assembly. At such simultaneous elections, the
Commission directs that the following arrangements shall be done for each election :-

(i) Public notice under rule 3 of the Conduct of Elections Rules, 1961 is required to
be issued separately for each election.
(ii) Each candidate shall have to mention in his nomination paper clearly as to
which election he intends to contest by indicating clearly the name of the
election viz. “Biennial election to the ………………..” or “Bye-election to the
……………….” If required the name of the members for whose vacancy the election
is being held shall be indicated in order to avoid any confusion.
(iii) Separate sets of ballot papers will be prepared for both elections and the colour
of the ballot paper shall also be different for each election as has been explained
earlier in Chapter IX.
(iv) Separate polling stations, preferably by making partition in the place proposed
as polling station, for each election may be made and outside each polling
station, a notice may be displayed by indicating “Polling Station for Biennial
election to the ………………….” or “ Polling Station for Bye-election to the
……………….” If required the name of the members for whose vacancy the election
is being held shall be indicated in order to avoid any confusion.
(v) Separate ballot boxes should be used for each election.
(vi) Separate sets of electoral roll should be used at each polling station.
(vii) Each polling station should be manned by separate set of officers; and
(viii) Counting of the votes should also be taken up separately.

46. You will observe from paragraph 5 above that two polling officers will normally
be enough for a single election to the State Legislative Council by member of Legislative
Assembly. At simultaneous elections, additional polling officer should be appointed
separately who should be in-charge of the marked copy of the electoral roll and the
ballot papers for election. The details of duties to be performed by each polling officer,
when more polling officers are appointed at simultaneous elections are indicated at
ANNEXURE X(ii)-A. Where, however, you decide to appoint four polling officers, the
duties to be performed by them shall be as indicated in ANNEXURE X(ii)-B.
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Sealing of Election Papers at Simultaneous Elections

47. All election records pertaining to each election, like marked copies of electoral
rolls, ballot papers and their counterfoils, ballot paper accounts, lists of challenged and
tendered votes, etc., have to be maintained separately. Accordingly, after the close of
poll, election papers referred to in rule 46 of the Conduct of Elections Rules, 1961 read
with rule 70 pertaining to each of the elections should also be sealed separately for each
election.

B. ELECTIONS TO THE STATE LEGISLATIVE COUNCILS FROM COUNCIL

CONSTITUENCIES

48.1 The poll in Council Constituencies is taken at polling stations located at

different places spread over the Constituency. For this purpose, the polling stations must
have already been set up by the District Election Officer with the previous approval of
the Election Commission and in accordance with its instructions contained in Chapter II.
The District Election Officer also must have appointed the Presiding Officers, Polling
Officers and other personnel required for the conduct of poll at these polling stations.
You should ensure well in advance of the date of poll that all arrangements for provision
of polling stations and polling personnel have beenmade by the District Election Officer.
It shall be your responsibility to provide each polling party with the polling materials
required for the setting up of the polling stations and the conduct of poll. The details of
these polling materials have been given in Chapter IV and Annexure IV-A.

48.2 You should also ensure, in consultation with the authorities concerned, that
proper law and order is maintained in and around the polling stations so that a free and
fair poll takes place. Adequate measures should be taken to provide full security to the
polling personnel and the polled ballot boxes and other election materials till the polling
parties with the polled boxes and other election materials reach the collection/counting
centres after the close of poll.

Procedure for Conduct of Poll

49. The procedure for conduct of poll at polling stations in Council Constituencies
is the same in all essential aspects (except in the matter of application of indelible ink in
Graduates’ and Teachers’ Constituencies as explained later) as the procedure for the
conduct of poll at an election to the State Legislative Council by Members of Legislative
Assembly. Therefore, the instructions in the foregoing paragraphs Nos. 4 to 47 shall
mutatis mutandis apply in the conduct of poll at polling stations in Council
Constituencies.

POLL DAY PROCEEDINGS during elections from Council Constituencies :

i) The poll proceedings inside all the Polling Stations shall be video-graphed on the
day of poll. The videography should be continuous and uninterrupted under the
supervision of an officer who would be accountable for it. While doing so, it
should be ensured that the secrecy of ballot is not at all violated/compromised.
ii) The videography must cover each and every voter as well as any accompanying
person in such a way that he/she is identifiable from the video-frame itself.
iii) The videographer should be properly briefed and trained by the Returning
Officer/Observer. The videographer appointed for a particular polling station
shall be under the control and supervision of the Micro Observer (and in his
absence, the Presiding Officer) of that polling station on the day of poll. The
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 Presiding Officer and the Micro Observer shall be responsible for the compliance
of instructions related to videography at polling station.
iv) The video cameras should be positioned in such a way that by remaining static it
can cover every voter, along with person(s) accompanying voters as well as poll
proceedings inside the polling station, without compromising the secrecy of vote.
v) The videographer should be issued an identity card for identification
vi) There should be proper back-up battery, CD, Diskettes, etc., for the videography
to continue uninterrupted throughout the polling hours.
i) No helper or companion should be allowed inside the polling booths for helping /
assisting the voters except in the case of an illiterate/blind/infirm voter in
accordance with rule 40A (under rule 70) of the Conduct of Elections Rule, 1961.
In case an elector wishes to avail of the facility of a companion because of
his illiteracy, blindness or infirmity, he must give an advance intimation to
that effect to the Returning Officer at least 3 days before the date of Poll.
The Returning Officer shall examine the eligibility of the elector for getting the
facility of companion and in case the Returning find the elector eligible as per laid
down provision, he/she shall indicate the same on the Electoral Roll by making a
mark against the name of the elector. On the day of poll, before voting, such
voters must also submit a declaration in the proforma reproduce at Annexure
XI(ii)-Cherewith that he/she is illiterate/ blind/ infirm and thereafter action will
be taken by the Presiding Officer concerned as per Rule 40A of the Conduct of
Elections Rules, 1961 and accordingly maintain a record for that purpose as per
rule (Form 14A of the Conduct of Elections Rules, 1961). The provisions
contained in Rule 40A of the Conduct of Elections Rules, 1961 shall be strictly
followed in this regard. This list in Form 14(A) shall be scrutinized along with the
other documents viz. the CDs of video, Micro Observer’s report, Presiding
Officer’s report etc. by the Observer next day
ii) Same person shall not be allowed to be accompanying more than one voter as
provided in the first proviso to Rule 40A.
iii) In order to ensure strict compliance of the above provisions and instructions all
Micro Observers should be properly briefed and trained so that they take due
care that the Presiding Officers comply with the same for proper identification of
electors in accordance with the above guidelines and observance of requirement
of DECLARATION made by ILLITERATE/BLIND OR OTHERWISE INFIRM
ELECTORs and their companions. In case they notice any deviation / violation of
the instructions of the Commission, the Micro Observer should immediately bring
the same to the notice of the Presiding Officer of the polling station concerned
and invariably report the incident to the Commission’s Observer at the earliest
for appropriate action in this regard.
iv) In case they notice any deviation/violation of the instructions of the Commission,
the Micro Observer should immediately bring the same to the notice of the
Presiding Officer of the Polling Station concern and invariably report the incident
to the Commission’s Observer at the earliest for appropriate action in this regard.
v) Arrangements shall be made for live web-cast of the poll process at each polling
station on the poll day.
vi) During the poll, all the voters shall have to produce either EPIC or any other
identity document having photograph of the elector or their Identity Cards issued
by the Local Authorities concerned of which they are members.
vii) During poll proceedings, voters should use only the pen provided by the
Presiding Officer to record their votes in voting compartment. There shall be a
total ban on carrying Mobile Phones, any type of camera viz. Digital /Pen camera
etc., by any of the voters inside the Polling Stations.

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Ballot Papers

50. The serial numbers printed on the ballot papers for use at elections by
Members of Legislative Assembly are concealed by putting black paper strips there on.
Serial numbers of the ballot papers for use at elections in Local Authorities'
Constituencies are also required to be concealed in the same manner as at elections by
Members of Legislative Assembly. However, the serial numbers of the ballot papers
used at elections in the Graduates’ and Teachers’ Constituencies are not so
concealed.

Application of Indelible Ink in Graduates’ and Teachers’ Constituencies

51.1 It is significant to note that the provision of rule 37 relating to application of

indelible ink on the left forefinger of the voter before issue of a ballot paper to him have
been made applicable in case of election from Graduates’ and Teachers’ Constituencies.
Under the instructions of the Commission, the left forefinger of the voter should be
marked with indelible ink soon after the identity of the elector is verified by the first
Polling Officer in charge of the marked copy of electoral roll and before his signature or
thumb impression is obtained on the counterfoil of the ballot paper by the polling officer
in charge of ballot papers. The underlying purpose of this instruction is that there should
be a sufficient time gap for the indelible ink to dry and leave a proper indelible mark on
the elector's left forefinger before he leaves the polling station. The Commission has also
instructed that the last polling officer in charge of the ballot boxes and marking
instruments should again check the voter's left forefinger before he leaves the polling
station in order to verify that there is a clear indelible ink mark on the finger. If the
elector has wiped off the ink or if there is no proper ink mark visible, the voter's
forefinger should again be marked with indelible ink.

Whenever there is a simultaneous election in both Graduates’ and Teachers’

Constituencies, the Indelible Ink shall be applied on left hand fore-finger of the voters of
Graduates’ Constituency and left hand middle finger of the voters of Teachers’
Constituency.

Whenever there is a simultaneous election in both Graduates’ and Teachers’

Constituencies and election to Legislative Assembly/Parliamentary Constituency is to
held shortly, the Indelible Ink shall be applied on right hand fore-finger of the voters of
Graduates’ Constituency and right hand middle finger of the voters of Teachers’
Constituency to avoid confusion during the election to Legislative
Assembly/Parliamentary Constituency.

Application of Indelible Ink when Elector has no Left Forefinger

51.2 If an elector has no left forefinger, then indelible ink should be applied on any
such finger which he has on his left hand starting with his left forefinger. If he does not
have any fingers on his left hand, the ink should be applied on his right forefinger and if
he has no right forefinger, on any other finger which he has on his right hand starting
with his right forefinger. If he has no fingers on either hand, ink should be applied on
such extremity (stump) of his left or right hand as he possesses.

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Verification of Signature of Voter

52.1 In order to check impersonation in Graduates’ and Teachers’ Constituency,

the Commission has instructed that the signature of the voter as obtained on the
counterfoil of the ballot paper should be compared with the signature of the voter on his
original claim application for enrolment of his name in the electoral roll made by him in
Form 18 or, as the case may be, Form 19 of the Registration of Electors Rules, 1960,
before the issue of ballot paper to him.

52.2 For this purpose, the Presiding Officer should be supplied with all the original
claim applications (Forms 18 and/or, as the case may be, Forms 19) of the electors
assigned to the polling station. These forms should be arranged serially according to the
serial number of the electors in the electoral roll. The Presiding Officer shall be
personally responsible for safe custody of these forms and shall deliver them back after
the poll to you or your authorized officer against a proper receipt.

Number of Polling Officers and their Duties

53.1 At an election in a Graduates’ or Teachers’ Constituency, normally three

polling officers should be appointed. The duties to be performed by each polling officer
are indicated in Annexure XI(ii)-B.

53.2 Where the number of electors assigned to a polling station is not large, even
two poling officers may be sufficient at such polling station. In that case, duties of the
first and the second polling officers as indicated in Annexure XI(ii)-Dcan be conveniently
performed by one polling officer.

53.3 At an election in a Local Authorities' Constituency, the number of electors

assigned to a polling station is usually not very large. Therefore, two polling officers will
normally be sufficient for such polling station. In such cases also, the duties of the first
and second polling officer can be conveniently performed by one polling officer.

Common Polling Stations for Graduates’ and Teachers’ Constituencies at

Simultaneous Elections

54. At a simultaneous election to the Graduates’ and Teachers’ Constituencies

sometimes common polling stations are provided where the number of electors for
these two elections is not very large. In such cases, a common Presiding Officer is
appointed for both the elections. Normally, four polling officers should be appointed to
assist him in the conduct of poll at such common polling stations. The first polling officer
will be in charge of the marked copy of the electoral roll and ballot papers for Graduates’
Constituency and responsible for identification of electors of that Constituency. He will
verify the signature of the voter as obtained on the counterfoil of the ballot paper with
that on his claim application for enrolment in the electoral roll (Form 18), and also apply
indelible ink on the elector's left forefinger. Similar responsibilities in respect of the
Teachers’ Constituency will be entrusted to the third polling officer. The second polling
officer will be in charge of the bundles containing original claim applications of the
electors in Forms 18 and 19 and will make available the relevant Form of the elector
concerned to the first or the third polling officer, as the case may be, to enable him to
verify the signature of the elector. The fourth polling officer will be in charge of ballot
box which will be common for both the elections and the articles for marking ballot
papers. The details of duties of each such polling officer are given in Annexure XI(ii)-E.
In case it is felt necessary by you for the appointment of any additional polling officer at
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such a polling station, you may make such adjustment in the duties of the polling officers
as you deem appropriate.

Maintenance of Diary by Presiding Officer

55.1 The Presiding Officer of every polling station should be asked to maintain a
diary in which he should draw the proceedings connected with the poll in the polling
station. The Performa of the diary to be maintained by the Presiding Officer is given at
Annexure XI(ii)-F. He should be asked to go on recording the relevant events in the diary
as and when they occur.

55.2 It has been observed in some cases that the Presiding Officers do not make the
entries in the relevant columns of the diary at regular intervals or from time to time as
envisaged, and fill in all entries and complete the diary at the end of the poll. This is
highly objectionable and it may be impressed upon all Presiding Officers that any lapse
on their part in the proper maintenance of diary at all points of time during the process
of poll will be seriously viewed.

55.3 The Commission has recently directed that all Presiding Officers' diaries
supplied to the polling parties should be serially numbered by means of numbering
machines. Only such serial numbered Presiding Officers' diaries should be supplied to
the Presiding Officers. A proper account should be maintained of such diaries showing
the precise number of the diary issued to each Presiding Officer.

55.4 The Presiding Officers should maintain their diaries only in such serially
numbered diaries. No un-numbered diary should be supplied to, or .used by, any
Providing Officer in any circumstances.

Safe Custody of Polled Ballot Boxes After Poll

56. You should make proper arrangements for the safe transportation and custody
of polled ballot boxes and other election papers and materials after the close of the poll
from the polling station to the storage centre, where the polled ballot boxes will be
stored pending the counting. In this connection, the following instructions of the
Commission should be particularly taken note of and followed:-

(a) It will be desirable to take the sealed ballot boxes and other election materials
after the completion of the poll direct to the place fixed for counting of votes. This
arrangement would ensure that the sealed ballot boxes are handled only once before the
votes are counted. It must be ensured that there are sufficient arrangements for the safe
transportation and custody of ballot boxes.
(b) You should inform the candidates or their election agents sufficiently in
advance about the programme of the collecting parties being sent by you, if any, and the
route chart for the collection of the polled ballot boxes and other election materials from
the polling station after the conclusion of the poll, so that the candidates may make
arrangements, if they so desire, for sending their agents to accompany such collecting
parties. The agents of the candidates should, however, make their own arrangements for
their transport and they, in no case, should be allowed to travel in the same vehicles in
which the ballot boxes and other election materials and polling parties are transported.
(c) You may earmark inside the storage room or building, specified parts of the
floor space in the form of squares in advance for stacking the ballot boxes received from
particular polling stations. The arrangement for this should follow the serial number of
polling stations.
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 (d) All ballot boxes received from one polling station must invariably be kept
together at one place on the same square. The ballot paper account and the paper seal
account, if any, of each polling station should be kept on top of the box or boxes from the
polling station.
(e) Sufficient space should be left between row of boxes as they are being stacked
so that other boxes received subsequently out of turn (from the point of view of serial
numbers of the polling stations) may be kept at their appropriate allotted space without
the necessity of having to shift any of the ballot boxes received and stacked earlier in
point of time.
(f) All Presiding Officers or Collecting parties should deposit the ballot boxes in the
buildings selected for deposit of ballot boxes after the poll pending counting without any
avoidable delay. Any officer who defaults in this respect will make himself liable to
disciplinary action.
(g) If any of the contesting candidates so desires, he may be permitted to post an
agent to keep watch at the place where the ballot boxes are stored and also allow him to
affix his own seals to the doors and windows of the buildings in which ballot boxes have
been stored in addition to the seals that may be affixed by you. It should also be ensured
that after all the ballot boxes have been received and stored and the room has been
locked, no one is allowed to go in until the morning of the day fixed for counting. If
during this interval, for some unavoidable reason, the room has to be opened you should
send for the candidates or their authorized representatives and open the room in their
presence and immediately after the purpose for which the room is opened is over, the
candidates or their representatives should again be allowed to seal the door and
windows. Whenever it is necessary to open the room where the ballot boxes are stored,
proper entries should be made in the log book giving details of the persons entering the
room, the purpose of such entry, time of entry, time of exit, signature of the guards, etc.
The form in which the log book should be maintained is given in ANNEXURE XI(ii)-G.
These instructions will also apply with appropriate modifications to the storage of the
ballot boxes during the interval between the original count and the recount, if any.

Safe Custody of Metal Seals, Rubber Stamps, etc.

57. According to the instructions issued by the Commission, (1) the metal seal of
the Presiding Officer, (2) the rubber stamp bearing distinguishing mark of the polling
station and (3) the articles for marking the ballot papers used at the polling station will
be put inside the second bigger envelope containing non-statutory items. Before placing
them inside the bigger envelope these three items of materials should be first put inside
separate envelopes on the outside of which the names of the articles should be super
scribed and the Returning Officer or the Assistant Returning Officer should arrange to
collect the packets containing these articles and deliver them as soon as may be
practicable after the poll to the District Election Officer for safe custody. These three
articles after they are returned by the Presiding Officers and duly accounted for, can be
used at any subsequent election if still serviceable.

Allegations Against Polling Staff

58. Whenever specific allegations of a serious nature are made in writing against
the Presiding Officer or the polling staff about his conduct during polling at an election,
you should enquire into the matter as soon as practicable and send the papers together
with your report to the Chief Electoral Officer and the Commission. Where, however, the
complaint is anonymous, you should exercise your discretion in deciding whether it
deserves to be enquired into or not.

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Returning Officer to be in Headquarters on Poll Day

59. You and your Assistant Returning Officer should be available on the polling day
at a definite place near a telephone in the Constituency or as near the Constituency as
possible and the Presiding Officers should know where you will be available for contact
and instructions as and when necessary.

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 CHAPTER XI (iii)

GENERAL PROVISIONS RELATING TO ADJOURNMENT OF POLL AND FRESH POLL OF

THE ELECTION IN THECOUNCIL OF STATES AND STATE LEGISLATIVE COUNCIL

Death of a Candidate Before Poll – Adjournment of Poll

1.1As per the provision of Section 52 as amended in 1996, in the event of the death
of a candidate set up by a recognized political party in the following situations, viz;
(i) if he dies at any time after 11 A.M. on the last date for making nominations
and if his nomination is found valid on scrutiny;
(ii) if he dies after his nomination has been found valid on scrutiny and he has
not withdrawn his candidature, and in either case a report of his death is
received by you at any time before the publication of the list of contesting
candidates; or
(iii) if he dies as a contesting candidate and a report of his death is received before
the commencement of the poll.

1.2 In the case of death of a candidate mentioned at (i) above, the order for
adjournment a poll should be made only after the scrutiny has been made of all the
nominations including the nomination of the deceased candidate on the date fixed for
scrutiny of nominations.

1.3 If you adjournedthe poll in any of the above situations report the fact to the
Election Commission and to the appropriate authority, i.e., the Government of India in
the Ministry of Law, Justice and Company Affairs in the case of election to the Council of
State, and the Government of the State in the case of election to Legislative Council of the
State.

1.4The Commission will then issue notice to the recognize Party Concerned calling
upon the Party to nominate other candidate. The revised schedule for nomination of
new candidate, scrutiny of nomination of such candidate, etc and the new date of poll
will be fixed by the Commission.

Adjournment ofPoll

2.1 Under section 57(1) of the Representation of the People Act, 1951, the
Returning Officer (acting as Presiding Officer at the place fixed for poll at an election to
the Council of States or State Legislative Council by Members of Legislative Assembly)
and the Presiding Officer of a polling station in a Council Constituency are empowered to
adjourn the poll on account of-

(i) a natural calamity like flood, heavy snowfall, a severe storm and the like, or
(ii) non-receipt or loss of or damage to essential polling materials like ballot
boxes, ballot papers and the like, or
(iii) disturbance of peace at the polling station making it impossible to take the
poll, or
(iv) non-arrival of the polling party at the polling station due to obstruction on the
way or any other serious difficulty, or
(v) any other sufficient cause.

2.2 Whenever the poll is adjourned at any polling station in a Council Constituency,
the Presiding Officer is required to report that fact to the Returning Officer who shall
forthwith report the matter to the Commission.
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Procedure for Completing the Adjourned Poll

3.1 For completing the .adjourned poll, the Returning Officer shall-

(i) report the circumstance immediately to the Election Commission, the Chief
Electoral Officer and the appropriate authority (The 'appropriate authority'
has been defined in section 2 of the Representation of the People Act, 1951, to
mean, in relation to an election to either House of Parliament, the Central
Government, and in relation to an election to the Legislative Assembly or
Legislative Council of a State, the State Government. It is an obligation cast by
law upon you to report the circumstances of the case to the appropriate
authority and the Election Commission.);
(ii) seek the approval of the Election Commission for the date, hours and place
which you propose for holding the adjourned poll;
(iii) formally fix the date, hours and the polling station as approved by the Election
Commission;
(iv) inform the contesting candidates or their election agents accordingly but only
after the receipt of the Commission's formal approval;
(v) affix a notice on your notice board notifying the date, hours and the polling
station so fixed; and;
(vi) announce by beat of drum or otherwise in the polling area concerned about
the date, hours, and the polling station so fixed.

3.2 For the sake of convenience, uniformity and completeness of the report to be
sent to the Commission under the said section 57(2), the Commission has prescribed a
format of such report at Annexure XI(iii)-A. You should send a consolidated report in
that format in respect of all the polling stations where the poll has been adjourned. The
Commission will not accept any piece-meal reports in this behalf.

N.B : While suggesting the hours for holding an adjoined poll in the particular polling
station, you may propose any period sufficient for completing the poll being conducted.
Section 57(2) is independent of section 56 and it is, therefore, not necessary when fixing the
hours for the adjourned poll to deduct the hours during which the poll had already taken
place before the adjournment.

3.3 Where the poll has been adjourned at a polling station tinder the provisions of
sub-section (1) of section 57, the adjourned poll will recommence from the stage at
which it was left immediately before the adjournment, i.e., the electors who have not
already voted before the poll was adjourned .will alone be permitted to vote at the
adjourned poll. You should provide the Presiding Officer of the polling station, at which
such adjourned poll is taken, with the sealed packet containing the marked copy of the
electoral roll and the sealed packet containing the stitched bundles of ballot papers with
their counterfoils received from the Presiding Officer of the polling station at which the
poll was adjourned, and also a new ballot box. Before the commencement of the poll, the
sealed packets should be reopened by the Presiding Officer in the presence of the
candidates or their agents who may be present at the polling station and the marked
copy of the electoral roll contained in the sealed packet and stitched bundles of ballot
papers with their counterfoils contained in another sealed packet should be used for
adjourned poll. If a bundle is used only partly that bundle need not be opened for use
but fresh unused bundles only should be used.

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 3.4 The provisions of rules 28 to 35 and 36 to 47 as modified by rule 70 will apply
to the conduct of an adjourned poll as they apply to the poll before it was so adjourned.

3.5 Where the poll could not be commenced due to non-arrival of the polling party
or other reasons, the provisions of above mentioned rules will apply to every such
adjourned poll as they apply to the original poll.

Procedure for Holding Fresh Poll

4.1 Under Section 58 of the Act in the case of destruction, etc., of ballot boxes the
Election Commission is competent to declare the poll at a polling station to be void, if at
that polling station –

(i) any ballot box has been unlawfully taken away by an unauthorized person,
or
(ii) any ballot box has been accidentally or intentionally destroyed or lost or
damaged or tampered with and you are satisfied that the result of the poll at
that polling station cannot be ascertained for that reason, or
(iii) any error or irregularity in procedure as is likely to vitiate the poll has been
committed.
4.2 You should report the fact forthwith to the Election Commission and the Chief
Electoral Officer. For the sake of convenience, uniformity and completeness of the report
to be sent to the Commission under the said Section 58(1), the Commission has
prescribed a format of such report (Annexure XI(iii)-B). You should send a consolidated
report in that format in respect of all the polling stations where the poll has been
vitiated. The Commission will not accept any piecemeal reports in this behalf.

4.3 After considering all the material circumstances, the Commission will, if
necessary-
(i) declare the poll at the polling station to be void; and
(ii) formally fix the date and hours for a fresh poll.

4.4 On receiving intimation from the Commission, you should inform in writing the
contesting candidates or their election agents of the date, time and place fixed for the
fresh poll and affix a notice on your notice board, notifying the date and hours so fixed.
Also you should announce by beat of drum or otherwise in the polling area concerned
the place, the date and hours so fixed.

4.5 Every effort should be made to take the fresh poll as soon as possible after the
original poll is declared void. All electors entitled to vote at- the polling station or
stations in question will be entitled to vote at the fresh poll. The stitched bundles of
ballot papers with their counterfoils unused in the original poll shall be used but, if
necessary, fresh ballot papers with counterfoils may be printed with the next serial
numbers for the Constituency. Subject to the above modification the provisions of the
Act and the Rules and Orders made thereunder, will apply to the fresh poll in exactly the
same way as they apply to the original poll. All the ballot boxes used at the original poll
should be preserved carefully, unopened and with the seals intact.

Procedure for Holding Fresh Poll in Case of Booth Capturing

5.1 Under Section 58A, if booth capturing (as defined in Section 135A) has taken
place at a polling station or at a place fixed for a poll in such a manner that the result of
the poll of that polling station cannot be ascertained, the Returning Officer shall
123
forthwith report the matter to the Election Commission. On receipt of that report from
the Returning Officer, the Election Commission shall, after taking all material
circumstances into account, either (i) declare the poll at that polling station to be void
and direct a fresh poll to be taken on a date to be appointed by it, or (ii) countermand
the election if it is satisfied that in view of the large number of polling stations or places
involved in booth capturing the result of the election is likely to be affected.

5.2 In order to enable the Commission to take appropriate decision in case booth
capturing has taken place at any polling station or place of poll, the Commission has
prescribed a format in which the Returning Officer should send his report to the
Commission in the matter. The said format has been reproduced in Annexure XI(iii)-C
for facility of reference.

5.3 In case any polling station or place of poll for the election for which you are the
Returning Officer is involved in booth capturing, you should send your report to the
Commission forthwith in the prescribed format. It should be a consolidated report in
respect of all polling stations or places of poll involved in booth capturing. The
Commission will not accept any report piece-meal.

5.4 If the Commission directs fresh poll to be taken at any polling station you
should proceed for taking such fresh poll in accordance with the instructions contained
in the preceding paragraph.

5.5 If the election is countermanded by Commission on account of booth capturing,

all proceedings for that election will commence anew and a fresh notification calling for
the election will be issued in due course.

No Counting if Poll Adjourned or Fresh Poll Ordered

6. Do not commence counting of votes for the election until the poll adjourned
under Section 57 has been completed or the fresh poll ordered under Section 58 or
Section 58A has been taken.

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 CHAPTER XII

COUNTING OF VOTES

General

1.1 Counting of votes, is one of the most important aspects of the election
procedure. The result of the entire election may be nullified by wrong, irregular or
careless counting. Being entrusted with this important work, you should exercise great
vigilance on the work of the counting staff and also in maintenance of discipline. If
counting is done properly and carefully, there will be no request for recounting.

1.2 Instances have come to the notice of the Commission where valid ballot papers
have been rejected by the Returning Officers and during the trial of election petitions,
the courts have ordered counting of such valid ballot papers in favour of the candidates
to whom they are marked. In some cases valid ballot papers in favour of candidate X
have been counted in favour of Y. On scrutiny by the courts, this mistake has been
detected. Such incidents will undermine the confidence of the political parties and the
general public in the electoral system and should be avoided at all costs. Therefore, as a
Returning Officer, a heavy responsibility lies on your shoulders to ensure proper,
systematic and accurate counting. To ensure this, you must follow the instructions given
in the following paragraphs to the minutest detail and also see that the counting
supervisors and counting assistants are imparted proper training and they carry out
their duties properly.

Legal Provisions

2.1 The Counting of votes at elections to the Council of States and the State
Legislative Councils (i.e., elections by Members of Legislative Assembly and from the
Council Constituencies) is regulated by the provisions of Sections 64 to 67A of the
Representation of the People Act, 1951 and Rules 71 to 83 of the Conduct of Elections
Rules, 1961. Rule 72 also makes the provisions of Rules 51 to 54 relating to the
appointment of date, time and place of counting and counting agents, etc., at elections in
Parliamentary and Assembly Constituencies applicable to the counting of votes at
elections to Council of States and State Legislative Councils. Further, Rule 73(l)(a)
provides that the covers containing the postal ballot papers shall be dealt with in the
manner prescribed in sub-rules (2) to (7) of Rule 54A.

2.2 The elections may be held either to fill only one seat or more than one seat.
Procedure of counting of votes for filling one seat is different from the procedure when
more seats than one are to be filled.
2.3 The provisions of Rules 71 to 74 providing for some definitions, scrutiny and
opening of ballot boxes, scrutiny of ballot papers and postal ballot papers and
arrangement of valid ballot papers in parcels are common to both the above mentioned
procedures. Where only one seat is to be filled, the counting is to proceed under the
provisions of Rule 75 and when more than one seat is to be filled, counting is to be done
in accordance with the procedure laid down under Rules 76 to 83. You should study
these provisions very carefully so that the various aspects of counting are properly
understood. In this connection, the detailed illustration given in the schedule to the
Conduct of Elections Rules, 1961, is very useful. But the illustration does not deal with
various contingencies which may arise in the course of counting. A more detailed and

125
exhaustive illustration has been prepared by the Commission and reproduced in
Annexure XII-A. These illustrations should be referred to whenever doubts arise.

COUNTING OF VOTES AT ELECTION TO THE COUNCIL OF STATES

Date, Place and Time for Counting

3.1 Under the instructions of the Commission, you have to send a report (in the
prescribed format mentioned in previous Chapter) to the Election Commission as soon
as may be after the close of poll about the poll proceedings. The counting of votes shall
be taken up only when you receive the clearance in writing from the Commission after it
has considered your said report. You should, therefore, always leave a minimum gap of
one hour between the hour fixed for the close of poll and the hour fixed for the
commencement of counting of votes so that meanwhile you may complete all required
formalities. The place of poll itself should be fixed as the place of counting.
3.2 Give notice of the date, place and time to each candidate or his election agent at
least one week before the date of poll. Such notice may be given in the form prescribed
by the Commission for the purpose vide Annexure XII-B.
3.3 If, for any unavoidable reason, you are unable to proceed with the counting at
the place and time and on the date so fixed and communicated to the candidates, you can
postpone the counting and fix another date and time and, if necessary, another place for
the counting of votes. You should give notice of every change in writing to each
candidate or his election agent.

Appointment of Counting Personnel

4.1 Clause (a) of sub-rule (1) of Rule 53 allows you to appoint such persons (to be
known as Counting Supervisors and Counting Assistants) as you may require for
assisting you in the counting. It is advisable to make an order of appointment in writing
for this purpose. For the sake of convenience, a form in which such appointments may
be made is given in Annexure XII-C.
4.2 The counting personnel should normally be drawn from the Legislative
Assembly Secretariat. They should be given intensive training for counting of votes.
Number of counting tables and Arrangement of Counting Tables

5.1 The counting of votes under the proportional representation system by means
of single transferable vote followed at elections to the Council of States will be mainly
done at your table. In order that the Assistant Returning Officer, Counting Supervisors
and Counting Assistants appointed to assist you are properly seated by your side, a
sufficiently long table should be used.

5.2 For keeping a watch over the counting proceedings, the candidates may not
require a large number of counting agents. Therefore, each candidate may be permitted
to appoint not more than two counting agents in addition to his election agent.

5.3 The candidates, their election agents and counting agents may be provided
seats opposite to you on the other side of your table from where they can watch the
counting proceedings.

5.4 Inform the candidates about the number of counting agents they can
appoint and ask them to send their letters of appointment not later than one hour
before the time fixed for counting. A candidate may appoint all his counting
agents by a single letter in Form 18 appended to the Conduct of Elections Rules,
126
1961 suitably modified. In that case, all the agents should also have signed the
letter in token of their acceptance of the appointment and should sign the
declaration thereon later in your presence. After necessary verification, you may
give them identity cards in advance for production at the time of entry into the
counting hall.

5.5 Each counting agent may be given a badge indicating whose agent he is.

Persons Allowed in Counting Hall

6.1 Only the following persons can be allowed inside the counting hall-
(i) Counting Supervisors and Counting Assistants;
(ii) Persons authorised by the Election Commission;
(iii) Public servants on duty in connection with the election; and
(iv) Candidates, their Election Agents and Counting Agents.
N.B. - No security guards accompanying any candidate or his election agent or any of his
counting agents shall be allowed to enter the counting hall in any circumstance.

6.2 Before counting begins see that no one else is present in the room.

6.3 You should note that term public servant on duty in connection with election
does not normally include police officers; such officers whether in uniform or in plain
clothes should not, as a general rule, be allowed to enter inside the counting hall, unless
you decide to call them in for the maintenance of law and order or some similar purpose.
Their presence in the counting hall without any compelling reason has on occasions
given rise to complaints by some candidates or parties who have alleged that their
agents had been overawed by an unnecessary show of force.

6.4 You should also note that the above expression public servant on duty in
connection with election' does not include the Ministers, State Ministers and Dy.
Ministers of the Union or the States.

6.5 You should note that no counting agent is to be admitted into the place fixed for
counting unless he has delivered to you the second copy of his appointment letter after
duly completing and signing the declaration contained therein and has been issued by
you an authority for such entry. Similarly the election agents of the candidates may also
be asked to produce the attested duplicate copy of their appointment letters.

6.6 Entry of persons should be strictly regulated as detailed above as otherwise the
counting process may be vitiated by the presence of unauthorised persons. There will be
overcrowding and attendant confusion and law and order problem. The smooth
progress and accuracy of the counting will also be affected.

6.7 If you or the Assistant Returning Officer or other Officers have a reasonable
doubt about the presence of any person in the counting hall, you can have him searched,
if necessary, even though the person concerned may be in possession of a valid authority
letter to enter the place of counting.

6.8 In the performance of your duties, you are only bound by the instructions of the
Election Commission. You are not to take orders from or show any favour to your official
superiors or political leaders including Ministers. Even in the matter of requests for
entry into the counting hall from these, you need allow them only if they are in
possession of a valid authority letter issued by the Commission.
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Warning About the Secrecy of Vote

7. Read out and explain, as necessary, the provisions off Section 128 of the
Representation of the People Act, 1951, to those present and also explain the procedure
for counting to the Counting Supervisors and Assistants. Thereafter, you should
commence the counting.

Counting of Votes Received by Post

8.1 Under the law [Rule 73(l)(a)], the covers containing the postal ballot papers
are to be dealt with first. Such covers are to be dealt with in the manner as prescribed in
sub-rules (2) to (7) of Rule 54A. It should be noted that after a postal ballot paper has
been taken out of the cover containing it, the same should not be taken forthwith for
detailed scrutiny to determine its validity or otherwise. All postal ballot papers should
be taken up for such detailed scrutiny along with the ballot papers taken out of the ballot
boxes [Rule 73(l)(c)].

8.2 Covers in Form 13C containing postal ballot papers received after the hour
fixed for the commencement of the counting of votes should not be opened. They should
be rejected and kept in a separate packet and sealed, noting thereon the appropriate
particulars.

8.3 The covers in Form 13C received in time should be opened one after another.
As each cover is opened, you should take out the declaration in form 13A and the cover
in Form 13B and scrutinizes the declaration. If the declaration in Form 13A is not found
in the cover or the declaration has not been duly signed and attested or attested by an
officer not competent to do so or is otherwise substantially defective or if the serial
number of ballot paper appearing in the declaration is different from the serial-number
on the cover in Form 13B the cover containing the postal ballot paper should not be
opened but the ballot paper should be rejected. Each such rejected cover should be
endorsed suitably and the declaration and cover should be replaced in the cover in Form
13C. All such covers in Form 13C should be kept together in a separate packet and
sealed and full particulars such as the name of the Constituency, the date of counting and
a brief description of contents should be noted thereon for easy identification. All the
declarations in Form 13A which have been found to be in order, should then be kept in a
separate packet in order to ensure that the secrecy of the postal ballot is kept inviolate.
The packet should then be sealed noting thereon the particulars regarding the name of
the Constituency, the date of counting and brief description of contents. This should be
done before the covers containing the ballot papers in Form 13B are opened.

8.4 Thereafter the covers in Form 13B should be opened one after another and the ballot
papers contained therein taken out. The stamp of “Postal Ballot Paper” (placed on back
side of ballot papers) must be checked on each ballot paper received by post. These
postal ballot papers must not be unfolded until these are mixed with other ballot papers
taken out from the ballot boxes, for scrutiny/counting.

Opening of ballot Box(es)

9. While you are engaged in dealing with the covers containing postal ballot
papers, the Assistant Returning Officer can have the ballot box(es) used at the election
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opened. The ballot papers contained therein should be taken out ensuring that no ballot
paper is left inside the box(es). The ballot papers so taken out of the box(es) should be
counted for numbers. The number so ascertained should be tallied with the number of
ballot papers which should have been found in the ballot box(es) as indicated in Item 5
of the ballot paper account in Part I of From 16 (CE Rules, 1961). Though Part II of Form
16 is in terms not applicable to the counting of votes at elections to the Council of States,
the number of ballot papers taken out of the ballot box(es) may be noted in Item III of
said Part II.

Scrutiny of ballot Papers

10.1 After all the ballot papers have been taken out of the ballot box(es), they
should be mixed with the postal ballot papers taken out of the covers as mentioned in
paragraph 8.4 above. Thereafter, all these ballot papers should be taken up for detailed
scrutiny one by one.

10.2 In order that a proper account of the ballot papers taken out of the ballot
box(es) and the postal ballot papers which are taken up for detailed scrutiny is
maintained, the number of such ballot papers should be noted in a statement. The form
of that statement is given in Annexure XII-D.

Valid Ballot Papers

11. Under the system of proportional representation by means of single

transferable vote, every elector has one vote only as the expression "single transferable
vote" implies. The voter is, however, required to indicate his preferences for the
different candidates. An elector in giving his vote has to place on his ballot paper the
figure 1' in the place opposite the name of the candidate for whom he wishes to vote in
the first instance. He may, in addition, place on his ballot paper the figure '2' or the
figures '2' and '3' or the figure '2', '3' and '4' and so on in the space opposite the names of
other candidates in the order of his choice. In other words, the marking of figure '1' is
obligatory and the marking of figures '2', '3', '4', etc., is optional. Therefore, a ballot
paper will be valid if the figure '1' is properly marked by the elector indicating his first
preference. Thus, in order to determine whether a ballot paper is valid or invalid, you
have to see whether the first preference has been validly indicated by placing figure '1'(
in vertical position) on the ballot paper by the elector. A ballot paper on which figure '1'
has been validly marked is a valid ballot paper, if it is not invalid for some other reason
under the law.

Grounds for Rejection of Ballot Paper

12.1 A ballot paper shall be invalid on which –

(a) the figure '1' is not marked; or
(b) the figure '1' is set opposite the name of more than one candidate; or
(c) the figure '1' is so placed as to render it doubtful to which candidate it is
intended to apply; or
(d) the figure '1' and some other figure like 2, 3, etc., are set opposite the name of
the same candidate; or
(e) there is any mark or writing by which the elector can be identified; or
(f) there is any figure marked on the ballot paper otherwise than with the article
(i.e., sketch pen of violet colour ink) supplied by you for the purpose.
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 12.2 The ballot papers are required to be marked by the electors only with the
article supplied by you for the purpose. A ballot paper marked with any other article
shall be rejected. This requirement, however, cannot obviously apply in the case of
postal ballot papers. Therefore, a postal ballot paper should not be rejected on the
ground that it is marked with some article other than the article which was supplied by
you for the marking of ballot papers at your polling station. You should also not reject a
ballot paper used at your polling station on the ground that it is marked otherwise than
with the article supplied for the purpose, if you are satisfied that any such defect has
been caused by any mistake or failure on the part of a Polling Officer.

12.3 If a ballot paper is marked with an article other than supplied by you, it may
be a postal ballot paper. Then the stamp of “Postal Ballot Paper” on its back side should
be checked. If the stamp is not found on its back, the same should be rejected.

Ballot Paper on Which First Preference has been Indicated in Words

13. Under the Explanation to Rule 37A(2) read with Rule 70 and the Explanation to
rule 73(2), the electors are required to indicate their preferences by marking the figures
1, 2, etc., and such preferences cannot be indicated in words. Therefore, if the first
preference on any ballot paper has been indicated in contravention of the above
provisions by writing the word or worlds 'one' or 'first preference' instead of figure '1'
or such words have been written in addition to the figure '1', such ballot paper shall be
rejected.

Ballot Paper Marked Partly in Figures and Partly in Words

14. “Mark or writing by which an elector may be identified”.

Under Rule 73(2) (d), a ballot paper shall be rejected if it bears any mark or writing by
which an elector can be identified. The Supreme Court has held in Shradha Devi Vs.
Krishna Chandra Pant (AIR 1982 SC 1592) that the mark or writing which would
invalidate the ballot paper must be such as to itself unerringly point in the direction of or
reasonably give indication of the identity of the voter. There must be some causal
connection between the mark and the identity of the voter that looking at one, the other
becomes revealed. In the absence of such suggested mark or writing the ballot paper
cannot be rejected merely because there is some mark or writing. Any mark or writing of
an innocuous nature cannot be raised to the level of such suggestive mark or writing as to
reveal the identity of the voter.

15. Under the rules, it is obligatory for an elector only to mark figure '1' in the ballot
paper. The placing of figure '2' or subsequent preferences is only optional. For the above
reasons, a ballot paper should usually be treated as valid if the first preference has been
indicated correctly thereon by marking it with figure “1”. If the other preferences are not
indicated at all or, are indicated not in figures but in words, then those preferences should
be treated as having been not made at all. In other words, the elector will be regarded as
having indicated only his first preference. The correct indication of the first preference is
enough to make it a valid vote and such a ballot paper should not generally be rejected in
toto. It shall be counted and taken into account for further transfers up to that subsequent
preference which has been validly indicated in figures. (Such a ballot paper would become
exhausted only at that stage at which it is sought to be transferred further with reference
to such preferences as have been indicated not in figures but in words.)
However, if it is noticed that a particular pattern has been followed by an elector in
indicating his subsequent preferences in words like ‘two’ or ‘second
130
preference’instead of figure ‘2’ and so on or such words have been written in addition
to the figure '1', ‘2’ and so onin a particular manner which apparently points to
attempt to reveal the identity of the elector to the candidate(s), that can be treated
as leading to some causal connection between the mark and the identity of the
voters. Such ballot paper would be liable to be rejected

15A. The explanation under to rule 37A permits that the figures indicating preferences
may be marked in the international form of Indian numerals or in the Roman form or in
the form used in any Indian language but shall not be indicated in words. A voter can
therefore choose to mark all the preferences, as he/she may like to indicate, in figures
either in international form of Indian numerals or in the Roman form or in the form used
in any Indian language generally used in the State where the election is being held. The
elector cannot use a combination of languages for writing the preferences in figures. Some
electors who may have arrived at some pre-planned agreement with candidates may
adopt the pattern of marking preferences in a particular pre-determined combination of
different forms of numerals to reveal their identity to the candidate(s) concerned. There
have been such complaints in the past. Therefore, such cases, which can lead to some
causal connection between the mark and the identity of the voters, should be viewed from
that angle, and if the design is obvious, such ballot papers would be liable to be rejected.
Grounds on which ballot Paper not to be Rejected

16. A ballot paper should not be rejected simply because-

(a) the figure '1' has been marked not in the column meant for marking the order of
preferences but at some other place in the panel of candidate, or `1’ is marked in the space
meant for marking and also marked in the box containing the name of the candidates.
Where, however, such double marking is seen as a pattern adopted by an elector as a pre-
determined plan to reveal his identity to the candidate(s) concerned, such double marking
may be interpreted as leading to a casual connection between the marking and identity of
the electors, in which case the ballot papers may be liable to be rejected.
(b) the original mark is patently in the column of one candidate but an impression or
smudge thereof appears against the name of some other candidate due to wrong folding;
(c) there is a faint un-decipherable thumb impression or smudge impression left
inadvertently by the elector on the ballot paper while handling it because of the presence
of some ink on his thumb which was put thereon for the purpose of obtaining his thumb
impression on the counterfoil of the ballot paper.

Reasonable facilities to candidates for inspection of invalid ballot paper

17.1 Before rejecting any ballot paper, you should give a reasonable opportunity to the
candidates or their agents present at your table to see the ballot paper. However, while
doing so, do not allow them to handle any ballot paper physically.

17.2 You should also not allow the serial number of any ballot paper to be noted down by
anyone in the case of elections in the local authorities constituencies and by members of
the Legislative Assembly to the State Legislative Council where the serial numbers of
ballot papers are effectively concealed.

Rejected Ballot Papers to be Suitably Endorsed/Signed by Returning Officer

18.1 You should endorse on every ballot paper which you reject the word 'Rejected' and
the ground(s) for such rejection in abbreviated form either in your own hand or by means
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of a rubber stamp. You should also initial each such endorsement but you need not give
the date.

18.2 A rubber stamp in the following form specifying the various reasons for rejecting a
ballot paper may be used. In that case what you are required to do is to affix this stamp
which mentions all the reasons and make a tick mark (√) against the particular reason for
which the ballot paper is to be rejected and then affix your initial.
Rejected
(i) No marking
(ii) Mark on blank area
(iii) Multiple voting
(iv) Voter identifiable
(v) Preference(s) indicated in words.
(vii) Marked with un-official article
(If the ballot paper is rejected on any other ground, the same may be recorded in hand)
Separation of Valid Ballot Paper from Rejected Ballot Papers

19. After each ballot paper has been scrutinized in the manner indicated above, the
ballot papers accepted as valid votes should be separated from the ballot papers which
have been rejected by you. The total number of rejected ballot papers and valid ballot
papers should be carefully noted in the statement at Annexure XII-D.

Arrangement of Valid ballot Papers in Parcels

20. After the valid ballot papers have been separated from the rejected ballot
papers, the next step will be to distribute the valid ballot papers among the contesting
candidates according to the first preference recorded on each such ballot paper. After
these ballot papers have been distributed candidate wise, the ballot papers of each
candidate should be tagged in the bundles of 25 or 50 ballot papers (as you think
suitable) and all the bundles should be kept into a separate parcel. The number of ballot
papers in each such parcel of every candidate should be counted and recorded in a
separate sheet.

Value of Votes

21.1 At an election where only one seat is to be filled, every valid ballot paper shall
be deemed to be of the value of ‘1’ at each count. Therefore, at an election where, say,
401 valid votes are cast, the total value of votes to be taken for the purpose of
ascertainment of quota and other subsequent stages of counting will be 401. The
number of votes secured by each candidate shall be equal to the number of ballot papers
placed in his parcel on which the first preferences have been recorded for him. Thus, the
value of votes secured by a candidate A at the first count shall be 45 if there are 45 valid
ballot papers in his parcel.

21.2 At any election where more than one seat is to be filled, every valid ballot
paper shall be deemed to be of the value of ‘100’ at the first count and is called the
original vote. Therefore, in the above example of an election where 401 valid ballot
papers have been cast, the total value of votes shall be 401x100 = 40,100 and the value
of original votes obtained by candidate A shall be 45 x 100 =4500.

21.3 The total value of all valid votes and the value of original votes secured by
each candidate as worked out in the manner indicated above, should then be noted in

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the relevant columns provided for the purpose in the return of election in Form 23B
appended to the Conduct of Elections Rules 1961.

Ascertainment of Quota

22.1 Where only one seat is to be filled. – The quota sufficient to secure the return of
a candidate at an election where only one seat is to be filled shall be determined by (i)
dividing by 2(two) the total value of valid votes as determined in the preceding
paragraph, and (ii) adding one to the quotient, ignoring the remainder, if any. Thus, in
the above mentioned example where 401 valid votes are cast, the quota sufficient to
secure the return of a candidate will be 401/2+1=201.

22.2 Where more than one seat is to be filled. - The quota sufficient to secure then
return of a candidate at an election where more than one seat is to be filled shall be
determined by (i) dividing the total value of votes as determined in the preceding
paragraph by a number which exceeds by one the number of vacancies to be filled, and
(ii) adding one to the quotient, ignoring the remainder, if any. Thus, in the above
example of election where 401 valid votes are cast, the quota sufficient to secure the
return of a candidate, supposing further that 10 candidate are to be elected, shall be
40, 100
+ 1 = 3646
11

Candidates with Quota Elected at First Count

23.1 If any candidate has secured votes the value of which is equal to or greater
than the quota sufficient to secure the return of a candidate as determined above, such
candidate shall be declared elected by you at the first count.

23.2 If only one seat is to be filled at the election, the counting of votes will come to
an end if a candidate is declared elected at the first count as mentioned above.

23.3 At an election where more than one seat is to be filled, if the number of
candidates, who are declared elected at the first count in the manner indicated above, is
equal to the number of seats to be filled then also the counting of votes would come to
an end and the election would be complete.

Procedure for Counting when all Seats are not Filled at First Count

24. If all the seats which are required to be filled at an election are not filled at the
first count, the counting of votes will proceed further in the manner explained in the
following paragraphs.

DETAILED PROCESS OF COUNTING WHEN ONLY ONE SEAT IS TO BE FILLED

25. If no candidate is declared elected at the first count for the reason that no
candidate has secured the quota, the further counting shall then proceed in the following
manner:-

(i) as a first step, the candidate who has been credited with the lowest value of
votes at the first count shall be excluded from the poll;

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 (ii) all the ballot papers in the parcel of the excluded candidate shall be scrutinized
again with reference to the second preference marked on each such ballot
papers;
(iii) all ballot papers on which the second preference has not been marked at all or
has not been validly marked in the prescribed manner as discussed earlier, shall
be treated as exhausted papers and shall not be counted further;
(iv) a ballot paper shall also be deemed to have become exhausted wherever :-
[a] the names of two or more candidates, whether continuing or not, are
marked with the same figure), which is next in order of preference (for
example ‘2’ is marked against two or more candidates in second round; or
[b] the marked figure is not following consecutively after some other figure on
the ballot paper (i.e. ‘3’/ ‘4’ etc. is marked in the second round instead of
‘2’) against any candidate; or
[c] the name of the candidate next in order of preference, whether continuing
or not, is marked by more than one figures;
(v) all unexhausted ballot papers (i.e. ballot papers which are not treated as
exhausted) shall then be distributed and transferred among the continuing
candidates according to the second preference recorded on each ballot paper,
(vi) all ballot papers thus distributed to each continuing candidate shall be arranged
in a separate sub-parcel for each candidate;
(i) the value of votes in each sub-parcels of continuing candidates shall be credited
to the candidate concerned;
(ii) if by so adding the value of the additional votes credited to each continuing
candidate, any candidate secures the quota, then he shall be declared elected;
(iii) if no candidate secures the quota at the end of this second count also, the
process of exclusion of candidate lowest on the poll at that stage and the
distribution and transfer of his unexhausted ballot papers in his parcel and sub-
parcel, if any, according to the next available preference recorded on each ballot
paper will be repeated. If this also does not help any candidate in securing the
requisite quota, the above process will be further repeated until a candidate
secures the required quota and is declared elected;
(iv) if in the above process of exclusion of candidates lowest on the poll, all
candidates but one get excluded and there is only one continuing candidate at
the end of any count, then such one continuing candidate shall be declared
elected even if he has not secured the quota sufficient to secure the return of the
candidate.
Meaning of ‘Next Preference’ or ‘Next Available Preference’

26. In carrying out the above operations of transfer of unexhausted ballot papers
to the different continuing candidates on the basis of next preference or next available
preference recorded on each ballot paper, all preferences recorded for candidates who
are already excluded’ from the poll shall be ignored. Take, for example, a ballot paper on
which preferences 1, 2, 3, 4 & 5 are marked in favor of candidates A, B, C, D and E
respectively. When such ballot paper is sought to be transferred at the exclusion of A, it
shall be transferred to B, if he is a continuing candidate. It shall be transferred straight
from A to C if B is already excluded from the poll. Likewise, it will go to D, if both B and C
are excluded from the poll and will go to E, if D also stands excluded from the poll before
A's exclusion.

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Note : At an election where more than one seat is to be filled, the preference marked in
favor of a candidate already elected shall also be ignored like the preference marked in
favour of an excluded candidate, while transferring the ballot paper with reference to the
next available preference marked thereon.

Maintenance of Transfer Sheets

27. In order that a proper record of transfer of ballot papers of the excluded
candidates is maintained, the Commission has devised a Performa of transfer sheet
which should be carefully and properly filled at the end of each count. A copy of such
transfer sheet filled in for your guidance is given at Annexure XII-E.

Detailed Process for Counting when more than one Seat is to be Filled

28. At an election where more than one seat is to be filled, if the number of
candidates declared elected at the first count is less than the number of seats to be filled
or if no candidate is declared elected at all at the first count for the reason that no
candidate has secured the quota, further counting shall proceed in the manner described
in the following paragraphs.

Distribution of Surplus of Elected Candidate

29.1 If some candidate(s) is/are declared elected at the first count, first of all the
surplus of such elected candidate(s) shall be distributed among the remaining
continuing candidates. The surplus means the difference between the value of votes
obtained by an elected candidate and the quota sufficient to secure the return of a
candidate. Thus, if the value of votes of a candidate is 5000 and the required quota is
4651, then the surplus of such elected candidate will be 349. If more candidates than
one have surpluses, the largest surplus shall be dealt with first and the other surpluses
shall be dealt with in descending order of their magnitude.

29.2 In order to transfer the surplus of a candidate who got the quota at the first
count, all the unexhausted ballot papers (contained in the main parcel since the main
parcel is the first and last parcel at first round) of such candidate(s) will be distributed
first to the remaining candidates for second round of counting. The value of such votes
could be different from the original value of votes (Described in para 30 below)

Note : After the first round, in the subsequent rounds of counting, if a candidate gets the
quota by receiving the transferred votes, only the unexhausted votes contained in the
last sub-parcel of such candidate shall be distributed to the remaining candidates
(details given in para 33 below).

29.3 Where there are more surpluses than one to distribute as a result of first
count and two or more surpluses are equal, the Returning Officer shall decide by lot
which candidate shall have his surplus first distributed. However, if such equal surpluses
are to be distributed after the second or subsequent counts, regard shall be had to the
original votes of each candidate and the candidate for whom most original votes are
recorded shall have his surplus first distributed.

29.4 When the surplus of any candidate declared elected at the first count is
distributed, you shall re-examine all the ballot papers in the parcel belonging to that
candidate, with reference to the next preference or next available preference recorded

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thereon [Rule79(4)(a) of CE Rules, 1961] . All the exhausted ballot papers shall be
separated and shall be placed in a separate sub-parcel.

Note: The Meaning of 'next preference' and 'next available preference' has been
explained in paragraph 26 above. The meaning of 'exhausted ballot paper' has also been
explained in paragraphs 25(iii) & (iv) above and in Rule 71(3).

29.5 All the unexhausted ballot papers shall be divided among the continuing
candidates with reference to the next available preference recorded on each such ballot
paper. All the ballot papers so divided and transferred to any one continuing candidate
shall be placed in a separate sub-parcel for that candidate.

New Value of Transferred Ballot Paper

30.1 The value of such transferred ballot papers shall not remain the original value
and the new value of each such ballot paper shall be ascertained by dividing the surplus
by the total number of unexhausted papers. If there is any remainder by so dividing the
surplus by the total of unexhausted ballot papers, it shall be ignored. Thus, if the surplus
value of votes to be distributed is 349 and the number of unexhausted ballot paper is 40,
the new value of each such transferred ballot paper will be 8 [349/40, remainder 29
being ignored].

30.2 However, if the new value of a transferred ballot paper as ascertained in the
above manner comes to more than the value of the ballot paper at which that ballot
paper was received by the elected candidate, the new value of such ballot paper shall
also then remain at its previous value. In other words, the new value of a transferred
ballot paper shall in no case exceed the value at which it was received by the candidate
whose surplus is being distributed. Thus, in the above example where surplus to be
distributed is 349, if the number of unexhausted papers is, say, three, the new value of
the transferred papers shall also be 100 each, i.e., the value of the original vote sought to
be transferred.

30.3 The total value of the ballot papers in each sub-parcel transferred to a
continuing candidate shall be credited to that candidate and the result of election
ascertained after the transfer of surplus of each elected candidate.

Election of a Candidate during Transfer of Votes

31. If the value of votes of any candidate as a result of the above transfer of surplus
exceeds the required quota, he shall be declared elected and no further votes shall be
given to him.

Counting to Proceed if Required No. of Candidates not Elected

32. If the number of candidates declared elected at the first count and at the second
and subsequent counts (where the surplus of the candidates declared elected at the first
count are distributed) is still less than the number of seats to be filled and some seats
still remain to be filled, the counting will proceed further.

Distribution of Surplus of a Candidate Elected at Second or Subsequent Count

33.1 If any candidate has been declared elected at the second or the subsequent
counts, his surplus will again be further divided among the remaining continuing
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candidates. In such a case, the quota will be secured on account of the original votes
received by the candidate concerned at the first count and the ballot papers received by
him by way of transfers at the subsequent counts. Thus, the surplus will arise out of the
transferred ballot papers received last by him and contained in last sub-parcel.
Therefore, while distributing the surplus of such elected candidate only the ballot
papers in the last sub-parcel received by him shall be re-examined by you for the
purpose of their further distribution among the remaining continuing candidates.
In other words, the original votes received by him and contained in the main parcel and
transferred ballot papers in other sub-parcels (except the last sub-parcel) shall not be
re-examined.

33.2 The transfer of surplus among the remaining continuing candidates will again
be done in the manner indicated above. The new value of such transferred ballot papers
will be further worked out by dividing the surplus with the number of unexhausted
ballot papers so that the new value shall in no case exceed the value at which these
ballot papers were previously transferred to the elected candidate.

Exclusion of candidate Lowest on the Poll

34.1 If as a result of transfer of surpluses of elected candidates the required

number of seats is still not filled, the counting of votes will then proceed by the exclusion
of the candidate lowest on the poll at that stage.

34.2 If two or more candidates have the same value of votes and are the lowest on
the poll, the candidate for whom fewest original votes are recorded shall be first
excluded. If the values of their original votes are also equal, then the candidate with the
smallest value at the earliest count at which these candidates had unequal values shall
be first excluded.

34.3 If two or more candidates are lowest on the poll and each has the same value
of votes at all counts, you shall decide by lot which candidate shall be excluded first.

34.4 When a candidate is excluded from the poll in the manner indicated above, all
his ballot papers shall be distributed among the remaining continuing candidates
according to the next available preferences recorded thereon.

34.5 First of all, his original ballot papers shall be re-examined and the exhausted
ballot papers shall be separated from the unexhausted ballot papers. The exhausted
ballot papers shall be placed in a separate packet.

34.6 All the unexhausted ballot papers will be divided among the remaining
continuing candidates according to the next available preference recorded on each such
ballot paper.

34.7 All the ballot papers received by a continuing candidate as a result of such
transfer shall be kept in a separate sub-parcel. The value of each ballot paper in this sub-
parcel will remain 100.

34.8 After the original votes of an excluded candidate have been distributed, the
votes obtained by him by way of transfers at the second or the subsequent counts shall
be distributed further. For this purpose, each sub-parcel will be taken up one after the
other separately in the same order in which these sub-parcels were received. The
unexhausted ballot papers in each sub-parcel will be transferred further to the
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remaining continuing candidates according to the next available preferences recorded
thereon.

34.9 These ballot papers will be transferred at the same value at which they were
received by the excluded candidate.

34.10 If at any stage during the transfer of ballot papers contained in a parcel or
sub-parcel of an excluded candidate, the value of votes of any continuing candidate
exceeds the required quota and he thus gets elected, he shall continue to get further
papers from the same parcel or sub-parcel if any such ballot paper is otherwise liable to
be transferred to him. However, no further ballot paper shall be transferred to him from
the next succeeding sub-parcels of that excluded candidate. The transfer of ballot papers
contained in these succeeding sub-parcels will nevertheless continue till the last sub-
parcel of the said excluded candidate has been dealt with. In other words, the transfer of
these sub-parcels shall not be interrupted for the distribution of the surplus of the
elected candidate.

34.11 If any candidate gets elected by transfer of votes of an excluded candidate,

his surplus shall be distributed in the manner described above. Such surplus will arise
out of the ballot papers contained in his last sub-parcel.

Continuing the Process till all Seats are Filled

35.1 If any seat still remains to be filled, the candidate now lowest on the poll will
be excluded and his votes transferred in the manner described above.

35.2 The above process of transfer of surplus votes of the elected candidates and
the total votes of the excluded candidates will be repeated until all the seats required to
be filled at the election have been filled by the candidates who secure the required
quota.

Filling the last Vacancy(ies)

36.1 When at the end of any count, the number of the continuing candidates is
reduced (by the above process of election of candidates who secure the required quota
and the exclusion of the candidates lowest on the poll) equal to the number of vacancies
remaining to be filled, all such continuing candidates shall be declared elected even if
they have not secured the required quota [rule 81(1)].

36.2 When at the end of any count, only one vacancy remains unfilled and the value
of the ballot papers of someone candidate exceeds the total value of the ballot papers of
all the other continuing candidates together with any surplus of an elected candidate not
transferred up to that stage, that candidate shall be declared elected [rule81(2)].

Filling the last Vacancy when there is Equality of Votes

37. When at the end of any count, only one vacancy remains unfilled and there are
only two continuing candidates, each of whom has the same value of votes and no
surplus remains capable of transfer, you shall decide by lot which of those two
candidates shall be excluded. After excluding one candidate by draw of lot, the other
candidate should be declared elected [section 65 and rule 81(3)].

Proper Maintenance of Parcels and Sub-Parcels of Candidates

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 38.1 As you must have observed from the foregoing paragraphs, the counting of
votes under the proportional representation system by means of single transferable vote
is extremely complex. The operation of the distribution of surplus votes of the elected
candidates and transfer of all votes of the excluded candidates among the remaining
continuing candidates involves re-examination and transfer of the same ballot papers
over and over again from one candidate to another. These transfers have to be made in a
very systematic manner and the ballot papers contained in parcels and sub-parcels of
the candidates have to be re-scrutinised and transferred in a definite order, i.e., in the
same order in which they were received by the candidate concerned. You will have,
therefore, to be cautious to ensure that the ballot papers contained in the parcel or any
of the sub-parcels of a candidate do not get mixed up. This precaution is also necessary
for the reason that the value of the ballot papers contained in parcels and different sub-
parcels might be different. Therefore, the ballot papers should be kept carefully in the
parcels and different sub-parcels. For this purpose, envelopes of suitable size should be
used for keeping the ballot papers in the parcels and sub-parcels. On each parcel and
sub-parcels, endorsements should be made showing the number of ballot papers and the
value of each ballot paper contained therein. All sub-parcels should be serially
numbered starting with sub-parcel No.1.

38.2 It will be advisable for you to have one separate Counting Assistant for
dealing with the ballot papers of each candidate. He should be responsible for the
preparation and maintenance of parcels and sub-parcels in the consecutive order. For
this purpose, a tray of suitable size should be provided to him for keeping parcel and
sub-parcels of the candidate under his charge.

Maintenance of Proper Account of Votes Received by Each Candidate

39.1 Each Counting Assistant in charge of ballot papers of a candidate should

maintain a correct account of the votes received by the candidate concerned at each
transfer when he prepares the different sub-parcels. For the accurate preparation of
such account, the Commission has prescribed a statement from which should be
carefully filled by the Counting Assistant. A sample form, filled in for your guidance, is
given at Annexure XII-F.

39.2 An accurate and up-to-date preparation of the account of votes received by a

candidate stage by stage will also help you in keeping a watch over the progress of the
different continuing candidates who are about to reach the required quota or are lowest
on the poll and on the verge of exclusion.

Maintenance of Transfer Sheets

40.1 In carrying out the operations of distribution and transfer of surplus votes of
elected candidates or of the total votes of the excluded candidates, you are required to
transfer the unexhausted ballot papers from one candidate to another. Many ballot
papers become exhausted in that process. In order that a proper and accurate account of
such transfers is maintained at each stage, the Commission has devised the forms of
Transfer Sheets for showing-

(1) the distribution of surplus votes of an elected candidate, and

(2) the transfer of all votes of an excluded candidate.

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 You should get these Transfer Sheets prepared and completed accurately
immediately after the transfer of ballot papers in each parcel and sub-parcel of
candidate.

40.2 A sample form each of these two Transfer Sheets, filled in for your guidance, is
given at Annexure XII-G and AnnexureXII-H.

Completion of Return of Election

41.1 On the completion of counting of votes, you are required to prepare a return
of election in Form 23B. In order that this return is prepared carefully and accurately,
the entries should be made therein after each count, i.e., after the distribution of surplus
of each elected candidate and the transfer of votes of each excluded candidate. The
result should be ascertained by you at the end of each count so that the counting
proceeds smoothly and you know at each stage how many candidates have been
declared elected and how many vacancies remain to be filled. This timely completion of
the return of election after each count will also enable you to keep a watch over the
progress of those continuing candidates who are about to reach the required quota. This
will also help you in ascertaining correctly as to which of the candidates is lowest on the
poll after the end of any count whose name may have to be excluded from the poll. The
completion of this return of election will ultimately enable you to make the formal
declaration of result in the appropriate form. (The form in which the formal declaration
of result shall be made by you is discussed in the next chapter.)

41.2 After the peaceful completion of counting of votes, the result of votes must not
be declared without obtaining the permission of the Election Commission for
declaration of result. For the purpose, you have to send your report in respect of
peaceful completion of the counting of votes. The report shall be sent in the Performa
prescribed by the Commission as appendix at Annexure XII-I.

Recount

42.1 At an election in a parliamentary or Assembly Constituency, the application

for recount can be entertained by the Returning Officer only after the completion of
counting and before the formal declaration of result. However, at an election to the
Council of States, the request for recount is not to be postponed till the completion of
counting. Such request can be made at any time during the counting of votes either
before the commencement of any transfer of votes contained in a parcel or sub-parcel or
after the completion of any such transfer. Such request can be made for the re-
examination or recount of the ballot papers of all or any candidates. However, such
request cannot be made for the re-examination or recount of any ballot papers which
have been set aside at any previous transfer as finally dealt with. Whenever any valid
request for the re-examination or recount of the ballot papers is made, you shall
forthwith re-examine or recount the same accordingly.

42.2 You have discretion to recount the votes either once or more than once, if you
are not satisfied as to the accuracy of any previous count. It is not, however, obligatory
by law on your part to recount the same votes more than once.

42.3 The request for recount can be made by any candidate or in his absence by his
election agent or counting agent. Such request can be made either orally or in writing.
Law does not insist for a written application for recount at elections to the Council of
States.
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COUNTING OF VOTES AT ELECTIONS TO THE STATE LEGISLATIVE COUNCIL

A - Counting at Election by Members of State Legislative Assembly

43.1 The counting of votes at an election to the State Legislative Council by

members of the State Legislative Assembly shall be conducted in the same manner as
has been explained in paragraphs 3 to 42 above in relation to the counting of votes at an
election to the Council of States.

43.2 During simultaneous elections to the Council of States or simultaneous

elections to the State Legislative Council by members of the State Legislative Assembly,
the counting should preferably be done in the same counting hall but on different
counting tables. At such elections, a common ballot box will be used for receiving the
ballot papers of the elections (either to the Council of States or State Legislative Councils
by MLAs). For counting the votes cast at these elections, you will first have to separate
the ballot papers for each election. The counting tables should be so arranged that the
actual movement of ballot papers for these two elections from the table where they are
sorted out election wise to the tables where they are to be counted separately is visible
to the counting agents sitting at both the counting tables.

43.3 However, the elections to both of the Houses viz. the Council of States and
State Legislative Councils by MLAs in the same State and in accordance with a common
programme shall be avoided. Such as simultaneous elections to both the Houses shall
not be conducted due to the practice of open ballot system introduced in the elections to
the Council of States.

B-Counting at Elections in Council Constituencies

44.1 The system of elections in Council Constituencies is also the same as in the
case of elections to the Council of States and the State Legislative Council by members of
the State Legislative Assembly. Therefore, the actual process of counting of votes at
elections in Council Constituencies is also similar in all essential aspects to the process
of counting of votes at elections by Members of Legislative Assembly as explained in the
foregoing paragraphs.

44.2 However, as the poll in Council Constituencies is taken at different polling

stations spread over the Constituency, you will have to keep in view different
considerations in regard to the fixing of date, time and place of counting, the number of
counting tables to be provided in the counting hall, opening of ballot boxes after their
inspection by the counting agents of the candidates and the like. In this context, the
instructions given in the following paragraphs, should be taken note of and meticulously
followed by you.

44.3 Verify as early as possible that all the ballot boxes from all the polling stations
within your Constituency have been received. Counting should not commence unless all
the ballot boxes from all the polling stations have reached you.

44.4 The room or the hall must be spacious enough to accommodate you, the
counting assistants, the candidates and their agents.

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 44.5 There should be proper lighting arrangements. Stand-by arrangements like
generator or gas lights should be provided to tide over emergencies created by power
failure.

Counting to be Done at One Place

45.1 The counting should be done at one place only under your direct supervision.
Under the system of proportional representation by means of single transferable vote
followed at elections in Council Constituencies, all the ballot papers after they have been
taken out of the ballot boxes have to be counted together. Therefore, the counting of
votes at these elections at more than one place is not possible.

45.2 The law enables your Assistant Returning Officer also to count the votes.
Therefore, if you are the Returning Officer for simultaneous election from more than one
Council Constituency, the votes of these Constituencies can be counted under the direct
supervision of your Assistant Returning Officers subject to your overall control. In such
cases, the counting should be arranged as far as possible in adjacent halls in the same
building so that you can have an effective control over the counting of votes at all such
places.

45.3 At such simultaneous election from Graduates’ and Teachers’ Constituencies,

it is quite possible that some common polling stations may have been provided for
taking the poll for both the elections. At such polling stations, a common ballot box will
be used for receiving the ballot papers of both the elections. However, these ballot
papers will be of different colours. These ballot papers may be sorted out and separated
election wise at the counting hall for the Graduates’ Constituency. The ballot papers for
the Graduates’ Constituency should then be retained in that counting hall and the ballot
papers meant for the Teachers’ Constituency should be passed on to the counting hall
where the counting for Teachers’ Constituency is taken up. This should be done in the
presence of the candidates and/or their agents.

Number and Arrangement of Counting Tables

46.1 As already mentioned in the preceding Para 45.1 at an election from a Council
Constituency, the counting of votes shall be done only at one place. After opening the
ballot boxes pertaining to different polling stations, the ballot papers contained therein
should be taken out and counted for numbers. Such counting for numbers can be done at
different tables. The number so ascertained should be tallied with the ballot paper
account of each polling station. Thereafter, the ballot papers of all the polling stations
should be mixed together and then scrutinised with reference to the first preference
marked thereon and sorted out candidate wise. In other words SORTING OUT OF
BALLOT PAPERS SHALL BE DONE ONLY CANDIDATE-WISE i.e. sorting out of ballot
papers shall not be done polling station-wise. This process of sorting out ballot
papers candidate wise with reference to the first preference marked thereon, after all
the ballot papers have been mixed together, may be done at different counting tables, if
you consider it more convenient where the number of votes polled is large. But further
process of distribution of surplus votes of elected candidates and the distribution of
total votes of candidates excluded from the poll cannot be done at different tables. For
these subsequent stages of counting, all ballot papers of individual candidates have to be
kept at one place, arranged in parcels and sub-parcels. Therefore, after all the ballot
papers of each candidate have been collected and kept together and arranged in
different parcels for each candidate, the further process of counting will be mainly
conducted at your table.
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 46.2 Keeping in view the above, you should decide in advance how may counting
tables you are going to have for the preliminary work mentioned above. On that depends
the number of counting assistants you will have to appoint and the number of counting
agents which each candidate will be entitled to appoint.

46.3 The total number of counting tables mentioned in Para above should not
normally be more than 15, apart from your own table. If the hall available at the place is
not commodious enough, the number of tables may be reduced to any figure which you
may consider suitable after taking into account the size of the hall, number of counting
personnel to be deployed and also the total number of candidates whose agents will
have to be accommodated.

46.4 While fixing the number of counting tables, you should also keep in view the
fact that after the preliminary work mentioned above has been completed at the
different counting tables, the candidates may not require a large number of counting
agents to keep watch over the proceedings which will be mainly done at your table.
Therefore, you may try to reduce, as far as possible, the number of counting tables for
the preliminary work so that there is no unnecessary overcrowding in the counting hall
after the preliminary work is over at the different counting tables.

Stationery Required at the Counting Tables

48. Provide every counting table with the following articles of stationery:
a knife or razor blade,
pencils,
sheets of paper,
wet sponge or water in a small cup,
twine or rubber bands,
one or two paper weights,
sufficient envelopes of suitable size for preparation of parcels and sub-parcels of
ballot papers of each candidate,
wooden or metal trays to keep the envelopes.

Number of Counting Agents & Letters of Appointment of Counting Agents

50.1 Each candidate should be allowed to appoint as many counting agents as

there are counting tables for counting of votes polled at the election that he contests and
one more to watch the counting at the Returning Officer's table.

50.2 Inform the candidates about the number of counting agents they can appoint
and ask them to send their letters of appointment not later than one hour before the
time fixed for counting. A candidate may appoint all his counting agents by a single letter
in Form 18 suitably modified. In that case all the agents should also have signed the
letter in token of their acceptance of the appointment and should sign the declaration
later in your presence. After necessary verification, you may give them identity cards in
advance for production at the time of entry into the counting hall.

50.3 In all cases, where the number of contesting candidates is five or more, the
candidates should be asked to submit the lists of their counting agents at least two days
before the date of counting, together with the photographs of such agents, so that they
are issued with identity cards bearing their photographs.

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Badges of Counting Agents

51.1 Each counting agent may have a badge indicating whose agent he is and the
serial number of the table at which he will watch the counting. Each counting agent
should affix his signature in full on the badge immediately after it has been issued to
him. He should keep seated near the table allotted to him and should not be allowed to
move about all over the hall. The extra counting agent may sit and watch the
proceedings at your table. However, as far as possible, in order to avoid overcrowding at
your table, only one person whether the candidate himself or his election agent or his
counting agent should be present at a time at that able on behalf of a contesting
candidate.

51.2 The candidates and their election agents will be free to go round to any part of
the hall. In the absence of both the candidate and his election agent his extra counting
agent at your table may be allowed to go round to any part of the hall.

Appointment of Counting Assistants

52.1 You may appoint such staff as you may require for assisting you in the
counting. Such appointments may be made in the form given in Annexure XII-C.

52.2 You should appoint as counting supervisors only Gazetted Officers of the
Central or State Government or officers of comparable status from Central/State
Government undertakings. The counting assistants also should similarly be drawn from
officers of a comparatively higher level. They should be given intensive training in
counting.

52.3 You should not appoint as counting supervisor or as counting assistant any
one who has been employed by or on behalf of, or has otherwise been working for a
candidate in or about an election.

52.4 At each table there should be one counting supervisor and two or more
counting assistants.

52.5 In addition, appoint a sufficient number of Group D Government employees

also as counting assistants to carry the ballot boxes to and from the counting tables.

Maintenance of Discipline and Order at Counting

53.1 You should not permit any person, other than those mentioned in paragraph
6.1 above, to enter or remain inside the counting hall.

53.2 Post police constables on duty at the door or doors of the counting hall. Do not
allow any person to enter or leave the room without your permission. You must ensure
that complete order and discipline prevail and counting takes place in a business-like
manner. You may send out of the counting hall any person who persists in disobeying
your directions. You should not allow smoking inside the counting hall. The persons
required to sit inside the counting hall may go out, if they desire to smoke, without,
however, causing any dislocation in the counting process.

Commencement of Counting

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 54. Commence the counting at the hour fixed for the purpose. Everyone present in
the counting hall should be instructed to maintain secrecy of vote. For that purpose, the
provisions of section 128 of the Representation of the People Act, 1951 should be
brought to the notice of everyone.

Counting of Votes Received by Post

55. As has been explained in paragraph 8 above, the covers containing the postal
ballot papers are to be dealt with first. Therefore, you should first deal with covers
containing the postal ballot papers in the manner explained in that paragraph.

Opening of Ballot Boxes

56.1 While you are engaged in dealing with the covers containing postal ballot
papers, the work of distribution of ballot boxes on the various tables can be done. Keep
an account of such distribution with you for your information.

56.2 All the ballot boxes used at one polling station should be brought in one lot
and given to one table for initial counting. Along with the ballot box or boxes of each
polling station, the counting table should also be supplied with the relative Ballot Paper
Account in Form 16 and the Paper Seal Account in the appropriate form received from
the polling station. All the boxes should not, however, be opened simultaneously. Only
one box should be opened and counted at a time.

Checking Seals on Ballot Boxes

57.1 As soon as a ballot box has been placed on the counting table, allow the
counting agents for the table to satisfy themselves that the seals on the ballot box are
intact and have not been tampered with. Where a paper seal is used for closing a ballot
box, the outer seals of the ballot box are not vital and even if these outer seals are
damaged, but the inner paper seal is intact, the contents of the ballot box could not have
been tampered with. Similarly, where such paper seal is not used but metal seals are
used, the outer seals are not vital in such a box and even if those outer seals are
damaged, but the inner seals are intact, the contents of the ballot box could not have
been tampered with. If any candidate or his counting agent raises any objection in
respect of these outer seals, reject such objections and proceed with the counting.

57.2 Candidates and agents are entitled to check identity marks and paper seals - As
each ballot box is opened, allow every candidate or his counting agent to check the
identity of the box with reference to :-

the identity marks on the paper seal or the label or address tag as the case may be,
and
the serial number of the paper seal (where one is used for sealing a ballot box).

57.3 Comparison of serial numbers of paper seals - Where paper seals are used, the
serial number on the paper seal of each box should be compared with their numbers as
given in the paper seal account sent to you by the Presiding Officer. Allow the counting
agents of the candidates to note the serial numbers of the unused paper seals returned
by the Presiding Officer and of paper seals used as shown in the paper seal account and
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the paper seal actually found on a box. If the numbers do not tally in respect of any
particular box, there would be a prima facie suspicion that the ballot box has been
tampered with or that paper seal account contains a mistake. Decide the question after
checking the serial numbers of the unused paper seals returned by the Presiding Officer
and other relevant circumstances, including notes, if any, made by the candidates’
polling agents at polling stations, if available. If you find it to be a case of mistake, ignore
the discrepancy. If you are satisfied that the ballot box has in fact been tampered with,
follow the procedure given in paragraphs 57.4 and 60 to 62 below.

57.4 If the paper seals (for Godrej-type ballot boxes) or the inner seal (for Bungo-
type ballot boxes) are found to have been tampered with in any box in such a way that
the box is no longer secure and its contents could have been interfered with, and if you
are further satisfied that the box has, in fact, been tampered with, you should not open
the box or bring out its contents. Reseal the box without counting, wrap it up in cloth or
gunny bag and keep it separate. Report the facts to the Election Commission and the
Chief Electoral Officer and arrange, with the prior approval of the Commission, for a
repoll in the polling station concerned. In such a situation, the counting shall remain
suspended till the completion of the repoll.

57.5 After the seals and the identity of the ballot boxes from a polling station have
been checked in the manner detailed above and found to be in order, their contents
should be taken out on the respective counting tables.

57.6 Allow the counting agents to satisfy themselves that all ballot papers have
been taken out from the boxes and that they are empty.

57.7 The counting assistants should be careful to see that no ballot paper goes
astray while being handled by them.

Taking out Ballot Papers from ballot Boxes and Tallying their Numbers

58.1 After each ballot box used at a polling station has been opened, the ballot
papers contained therein should be taken out ensuring that no ballot paper is left inside
the ballot box. The ballot papers so taken out of the ballot box(es) used at a polling
station should be counted for numbers separately for each polling station. The number so
ascertained should be tallied with the number of ballot papers which should have been
found in the ballot box(es) used at that polling station as indicated in item 5 of the Ballot
Paper Account in Part I of Form 16.

58.2 Though Part II of Form 16 is in terms not applicable to the counting of votes at
elections in Council Constituencies, Item III of said Part II may be filled by noting down
the total number of ballot papers taken out of the ballot box(es) used at the polling
station for purpose of tallying that number with the total number of ballot papers which
should have been found in the ballot box(es) as shown in Item 5 of Part I of that Form. A
model Form 16 duly filled in is given for your guidance at Annexure XII-J.

58.3 The number of ballot papers taken out of ballot box(es) used at each polling
station should then be noted polling station wise in a statement [rule 73(l)(b)]. The form
of such statement as devised by the Commission is given at Annexure XII-K.

58.4 After all ballot papers have been taken out of the ballot boxes and their
numbers noted polling station wise in the statement at aforesaid Annexure XII-K, the
number of postal ballot papers, if any, should also be noted in the said statement. These
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postal ballot papers should then be kept along with the ballot papers taken out of the
ballot boxes. All these ballot papers should then be taken up for detailed scrutiny one by
one.

Scrutiny of ballot Papers and Further Procedure of Counting

59.1 From this stage onwards, the counting of votes shall proceed in the same
manner as has been explained in paragraphs 10 to 43 in relation to the counting of votes
for election to the Council of States. Therefore, you should proceed accordingly to
scrutinize the ballot papers so as to determine their validity or otherwise, ascertain the
quota sufficient to secure the return of a candidate, declare the candidate(s) elected at
the first count who secure(s) the required quota, distribute the surplus votes of the
elected candidate(s), transfer the votes of the excluded candidates, if necessary, for
filling the remaining vacancies in the manner explained above. A proper record of the
distribution of surplus votes of elected candidates and the transfer of votes of excluded
candidates should be kept by you in the Transfer Sheets prescribed vide Annexure XI-G
&XI-H.

59.2 Here, it may be noted that there will be no objection in allowing the
candidates and their agents to note the serial numbers of the rejected ballot papers, if
they so desire, in the Graduates’ and Teachers’ Constituencies. However, in the Local
Authorities' Constituencies, the serial numbers of the rejected ballot papers shall not be
permitted to be noted down as the serial numbers on the ballot papers for elections in
Local Authorities' Constituencies are also concealed in the same manner as in the case of
elections in the Council of States and the State Legislative Council by members of the
State Legislative Assembly.

Counting not to Proceed in case any Ballot Box Found Tampered with

60. Under the law, it is not necessary to adjourn the entire counting if a ballot box
has been found by you to have been tampered with. However, under the system of
proportional representation by means of single transferable vote followed at elections to
Council of States and the State Legislative Councils, the counting cannot proceed unless
all the valid ballot papers have first been determined and sorted out because the quota
sufficient to secure the return of a candidate depends upon the number of valid ballot
papers. Therefore, under this system, the counting cannot proceed if any ballot box has
been found tampered with and unless decision is taken by the Election Commission
under section 58 or 58A or 64A as may be applicable whether the ballot papers
contained therein should be counted or not. Thus, if any ballot box is found by you to
have been tampered with, report the matter forthwith to the Election Commission for
necessary direction under section 58 or 58A or 64A. If the Commission directs that a
repoll shall be taken in the affected polling stations(s), arrange for such repoll and the
votes should be counted after the repoll has been taken.

Procedure to be followed in case of Destruction, Loss, etc. of Ballot Papers before

Completion of Counting

61. Under the law (section 64A) the Commission is competent to direct, after
taking all material circumstances into account, the counting of votes to be stopped and, if
necessary, order fresh poll if it is reported by the Returning Officer before completion of
the counting of votes that ballot papers used at a polling station have been-

(i) Unlawfully taken out of his custody, or

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 (ii) Accidentally or intentionally destroyed or lost, or
(iii) Damaged or tampered with,
to such an extent that the result of the poll at that polling station cannot be ascertained.
If any such occasion arises, you should forthwith report full facts of the case to the
Election Commission and await its directions in regard to the counting of votes.
Procedure to be followed in the case of Booth Capturing at the Counting Centre

62.1 Under section 58A of the Representation of the People Act, 1951 as inserted
w.e.f. 15.03.1989, if booth capturing takes place in any place of counting in such a
manner that result of the counting at that counting centre cannot be ascertained, the
Returning Officer shall forthwith report the matter to the Election Commission.

62.2 On receipt of the report of the Returning Officer, the Commission shall, after
taking all material circumstances into account, either direct a repoll at the affected
polling stations or countermand the election. Therefore, once you have reported the
matter to the Commission under section 58A, await its directions in this regard and
proceed further according to its directions when received.

Adjournment of Counting

63. In other cases, you should proceed with the counting continuously. In case you
have to suspend or adjourn the counting before its completion for any unavoidable
reason, seal up all the ballot papers in packets as also all other papers relating to the
election. Allow every candidate or his agent, if he desires to do so, to place his seal on
every packet, etc., in which these papers are kept.

N.B. - It is preferable to keep all the sealed packets, etc., in a steel or other strong
admiral or in a separate room and have the admiral or the room sealed and secured with
your seal and the seals of the candidates or their agents. Alternatively, the candidates
may put their own locks in addition to yours on such admiral or room.

Counting after Repoll

64. If any repoll has been held at a polling station, the Election Commission shall fix
the date and time for counting the votes after such repoll. You should give notice of the
same to every candidate or his election agent. You should follow the same procedure as
detailed above for such further counting as far as it applies.

Sealing of Ballot Papers etc., after Counting for Ensuring Safe Custody

65.1 Under rule 93(1) of the Conduct of Elections Rules, 1961, the packets of
election papers specified therein shall not be opened and their contents shall not be
inspected by or produced before, any person or authority except under the order of a
competent Court. Special care has thus to be taken for the safe custody of these papers.

65.2 These papers are:

a. the packets of unused ballot papers with counterfoils attached thereto;
b. the packets of used ballot papers whether valid, tendered, or rejected
(This also includes, the packets in which covers containing postal ballot
papers received late are kept);
c. the packets of the counterfoils of used ballot papers;
d. the packets of the marked copy of the electoral roll; and

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 e. the packets of the declarations by electors and the attestation of their
signatures.
65.3 In view of the important nature of these election papers, the Commission has
directed that these papers should be sealed with the secret seal of the Commission.

65.4 The papers mentioned at item (2) [except packets of tendered ballot papers]
and item (5) above shall be made into packets at the time of counting. Such packets shall
be sealed by you with your own seal immediately after the counting of the votes is over
and with a special secret seal which will be supplied by the Commission for the election
for each Constituency. The secret seal will be in addition to the seals, if any, put on these
packets by such of the candidates, their election agents or counting agents, as may desire
to affix their seals thereon. You should point out to the candidates or their agents
present that it is in their own interest to affix their seals on these packets to avoid any
possibility of tampering with these packets. They may also be permitted to note the
number of the Commission's secret seal used. These two kinds of packets should be
separated from the rest of the papers relating to the election and kept in separate sealed
steel trunk(s).
65.5 In Connection with sealing of documents, the Returning Officer should take
note of the provisions of the proviso under rule 84 in the event there is a request for the
verification as provided therein.
65.6 After the sealing of the above packets at the counting place after the counting
of votes, you should draw up proceedings mentioning therein:
a. the full particulars of the candidates/agents present in the counting hall;
b. the fact that they were asked to affix their signatures and seals on the packets
of used ballot papers, etc., if they so desired; and
c. the particulars of persons who had signed and sealed the packets and the
particulars of those persons who had refused to do so.
Then, you should sign the proceedings and obtain on it the signatures of such of
the candidates/agents who are present and willing to sign. The proceedings should be
put inside an envelope which should be sealed and the sealed envelope should be kept
along with the packets of used ballot papers.
65.7 In the case of elections in Council Constituencies, all the packets of papers
mentioned at items (1), (3) and (4) in Para 65.2 above and the packets of tendered votes
will be received from the Presiding Officers of polling stations in duly sealed packets. As
these packets are not required for any purpose at the time of counting of votes, each of
them should be immediately sealed with the secret seal of the Commission as soon as
they are received at the receiving centre and placed in steel trunk(s).

65.8 You should put a responsible Officer-in-charge for the supervision of the
actual sealing of these packets. Otherwise, there is possibility of important election
papers going astray which would create complications and confusion if and when a
competent Court orders the production of these papers.

65.9Each steel trunk shall be locked with two locks and each lock shall be sealed.
You should ensure that the secret seal of the Commission is put on packets only and not
on any of the locks of the steel trunk or trunks.

Safe Custody of Election Records by District Election Officer

66.1 Immediately after the declaration of the result of the election, on the same day
and, in any case, not later than the noon of the following day, the sealed-trunk(s)
containing the above packets should be dispatched to the District Election Officer at his
headquarters and on receipt of the sealed trunk(s) the District Election Officer should
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forthwith arrange to deposit them in safe custody in the Treasury/Sub-treasury under
double lock. In the case of election by Members of Legislative Assembly, the steel trunk(s)
referred to in sub-paragraphs 65.2 to 65.4 should be deposited by you in safe custody in the
Treasury under double lock either on the same day or in any case not later than the noon of
the following day. The key of one of the locks of each trunk will be entrusted to the
Treasury Officer or an Officer in the Treasury/Sub-treasury authorized under the
Treasury Code and the key of the other lock of each trunk should be kept by the District
Election Officer himself or by you (in the case of an election by Members of Legislative
Assembly) or a senior officer nominated for the purpose by the District Election
Officer/you.

66.2 The armed police guard posted at the room where the ballot boxes are stored
before the counting of votes, should not be removed after the counting is over, but
should continue to keep guard of the room till the transport of the election records to
the District Headquarters. As far as possible, the same guard should be used for
protection during the transport also, and this fact should be mentioned in the log book
maintained by the guard.

Return of Secret Seal of the Commission

67. After the packets required to be sealed with the secret seal of the Commission
are sealed, the secret seal or seals should be put into a separate packet which should be
sealed with the seals of such of he candidates, their election agents or counting agents,
as may desire to affix their seals thereon. Thereafter, the packet containing the secret
seal of the Commission should be returned immediately to the Commission by
registered insured post and in any case not later than 24 hours after the counting of
votes is completed. Any noncompliance with these instructions will be taken serious
note of. If more than one seal had been supplied, the name of the Constituency and the
number of the seal that was used should be indicated.

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 CHAPTER XIII

DECLARATION AND
PUBLICATION OF RESULT
OF ELECTION

1.1 Elections to the Council of States and State Legislative Councils can be held
either for filling one seat for or for filling more than one seat. The counting procedures
to be followed when only one seat is to be filled and when more than one seat is to be
filled are different and have been explained in detail in the previous Chapters. You must
have observed from those procedures that at an election where only one seat is to be
filled, the counting is complete as soon as a candidate reaches the quota sufficient to
secure the return of a candidate at that election. At an election where more than one seat
is to be filled, the candidates may get elected on reaching the requisite quota in different
rounds as different times when the process of counting is going on. In order that you
know at each stage of, counting as to how many candidates have been declared elected
and how many seats remain to be filled, you have been instructed in the previous
Chapter to get the return of election in Form 23B prepared and completed as each count
proceeds. When all the seats at the election have been filled up by electing the required
number of candidates during the process of counting, the counting will be complete in
all respects and return of election will also be prepared fully.

1.2 After completion of counting, you shall make a formal declaration of the result
of election in favour of the candidates who have got elected.

Form of Declaration of Result

2.1 The formal declaration of result should be made by you either in Form 23 or
Form 23A of the Conduct of Elections Rules, 1961 as may be appropriate. The
declaration shall be made in Form 23 in the case of biennial election. In the case of a
bye-electionto fill a casual vacancy, the declaration shall be made in Form 23A.

2.2 The date to be given in the declaration should be the date on which result of the
election is declared and not the date on which declaration is dispatched. Even if an
occasion arises when you have to rectify some error in your original declaration, there
should be no change in that date which should continue to be the date on which the
result was declared.

Authorities to whom Copies of Declaration should be Sent

3. Send copies of the declaration of result in Form 23 or 23A, as the case may be, to
:

(i) the Election Commission;

(ii) the Chief Electoral Officer of the State;
(iii) (a) Union Ministry of Law and Justice (Legislative Department), New Delhi;
(b) The Secretary General to the RajyaSabha, New Delhi, in the case of
election to the Council of States;
Or,
(a) The State Government;
(b) The Secretary to State Legislative Council, in the case of election to the
State Legislative Council.
151
Authorities to whom Return of Election should be Sent

4.1 When you have declared the result in the manner indicated above, you should
complete and certify the return of election in Form 23B of the Conduct of Elections
Rules, 1961. Forward copies of the return to:

(i) The Election Commission

(ii) The Chief Electoral Officer of the State.

4.2 If any candidate or his agent wants to take a copy or an extract from this return,
he should be permitted to do so. You may supply a copy of such return to an applicant on
payment of fee of Rs. 2/- [Rule 93(3)].

Report of Result of Election

5.1 You should intimate by an immediate Fax/E-Mail message, the result of every
election as soon as the declaration of result after obtaining clearance of the Election
Commission, to the appropriate Authorities viz. :-

(i) the Election Commission of India, New Delhi;

(ii) the Chief Electoral Officer of your State;
(iii) The Information Officer, P.I.B., New Delhi;
(iv) The Ministry of Law, Justice and Company Affairs (Legislative
Department), New Delhi (in respect of election to the Council of States);
(v) The State Government (in respect of elections to the State Legislative
Council);
(vi) The Secretary General, RajyaSabha, New Delhi (in respect of election to
the Council of States);
(vii) The Secretary of the State Legislative Council (in respect of election to the
State Legislative Council);etc.

5.2 The result of the election to the Council of States or State Legislative Council by
Members of Legislative Assembly should indicate the following particulars:

(i) Name of the State;

(ii) Name of election;
(iii) No. of seats to be filled;
(iv) Total number of valid votes polled;
(v) No. of votes rejected;
(vi) Names of the elected candidates with their party affiliation.
5.3 The result of the election State Legislative Council from a Council Constituency
should indicate the following particulars:

(i) Name of the State;

(ii) SI. No. and name of the Constituency (as given in the Delimitation of Council
Constituencies Order);
(iii) Total No. of electors in the Constituency;
(iv) Total number of valid votes;
(v) No. of votes rejected;
(vi) No. of seats to be filled;
(vii) Names of electedcandidates with their party affiliation.

152
 5.4 You should further ensure that whenever you refer to a woman candidate in
the result you should prefix her name with "Kumari" or "Shrimati", as the case may be,
so that it is definitely understood that the candidate is a woman.

5.5 You should also ensure that figures of votes which are mentioned while
reporting the result are given in words and not in numerals as the latter are likely to be
mutilated during transmission.

Sample Telegrams
6. To secure uniformity in communicating the result of election and ensure
economy in expenditure you should adopt the specimen forms of Fax/Telex
message/telegrams given in Annexure XIII-A & XLIII-B or adapt them suitably.

Certificate of Election in Form 24

7.1 As soon as may be after a candidate has been declared elected, you should
grant to such candidate a Certificate of Election in Form 24 and obtain from the
candidate an acknowledgement of its receipt duly signed by him. It is essential that this
acknowledgement is signed by the candidate himself and his signature is attested by the
Returning Officer personally before dispatch. There after immediately send this
acknowledgement by registered post to the Secretary General to the Council of States or,
as the case may be, the Secretary of the Legislative Council. The acknowledgement shall
be in the form shown below:

ACKNOWLEDGEMENT
I ........................................... acknowledge receipt of the Certificate of Election in Form 24 in
respect of my election to …………………………................ from .......................... Constituency,
declared on ……………....

Signature of the
returned candidate
Date ...................
Attested and forwarded to the Secretary
………………………………………...

Returning Officer

7.2 The Certificate of Election should be handed over to the candidate, and its
acknowledgement obtained immediately after declaration of result, if he happens to be
present at the counting. Where he is not so present he should be contacted as quickly as
possible and the dispatch of the acknowledgement completed within a day or two. These
acknowledgements are required by the authorities concerned for verifying the identity
of the elected candidates at the time of making or subscribing the oath or affirmation by
them before taking their seat in the House concerned.

7.3 The Certificate of Election, in respect of both Parliament and the State
Legislatures, should be issued in English or in Hindi but it should be open to the elected
candidate to sign the acknowledgement in any language he likes.

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 7.4 Where the elected candidate is not present at the counting nor visits the
locality shortly thereafter, the Certificate may be handed over to a person duly
authorized by the candidate in his behalf and personally known to the Returning Officer,
the acknowledgement (duly signed by the candidate) being also obtained through the
same person.

Publication of Results of Elections and of Names of Nominated Persons

8.1 After the completion of biennial election to the Council of States and the
Legislative Council in any year, the appropriate authority, namely, the Central
Government in the case of biennial election to the Council of States, or the State
Government in the case of biennial election to the Legislative Council is required to issue
a notification containing the names of elected candidates under section 71 or 74, as the
case may be, of the Representation of the People Act, 1951.

8.2 In relation to the biennial election to the Council of States, the names of
members elected by the elected members of the Legislative Assemblies of the States and
by the members of the electoral colleges for the various Union Territories at the said
election together with the names of any persons nominated by the President to the
Council of States under article 80(l)(a) or under any other provision, are notified in the
Gazette of India under section 71.

8.3 In the case of biennial elections to the State Legislative Council, the names of
the members elected from the various Council Constituencies and by the members of the
Legislative Assembly of the State at the said elections together with the names of any
persons nominated by the Governor under article 171(3)(e) are notified in the Official
Gazette of the State under section 74 of the Representation of the People Act, 1951.

8.4 The notification under section 71 of the Representation of the People Act, 1951
mentioned above is issued by the Ministry of Law and Justice, Legislative Department,
Government of India immediately after the expiry of term of office of the retiring
members. If the member is retiring on 2nd April of the year in which the biennial election
is held, the notification under section 71/74 must be issued on 3 rd April. The list of
names of all the members elected from each State at the biennial election should
therefore reach the Ministry of Law and Justice well before the due date. The gap
between the dates of declarations of the results in respect of election to the Council of
States and the date on which the notification under section 71 of the Act is to be issued
very often happens to be narrow. In case where there is only a gap of two or three days,
the complete list of elected members should be brought to Delhi by a special messenger
by the quickest mode of travel, after the declaration of results by the Returning Officers
concerned. The Chief Electoral Officer should also ensure that the complete list of such
elected members are transmitted through Fax/E-Mail.

Term of Office of Members

9. The statutory provisions governing the term of office of members are contained
in section 154 (Term of office of members of the Council of States), 155 (Commencement
of the term of office of members of the Council of States), 156 (Term of office of
members of the State Legislative Council), 157 (Commencement of the term of office of
members of the Legislative Councils). The provisions contained in sections 67, 71 and 74
of the Representation of the People Act, 1951 should also be carefully studied.

Council of States
154
 10.1 A member of the Council of States chosen at a biennialelection serves for the
full term of six years. However, a person chosen to fill a casual vacancy will serve only
for the remainder of his predecessor's term of office [Section 154(3)].

10.2 The term of office of a member of the Council of States whose name is
required to be notified in the Official Gazette under section 71, i.e., members elected at a
biennialelection under-section 12 of the Act, and the nominated member shall begin on
the date of notification [Section 155(1)].

10.3 The term of office of a member of the Council of States whose name is not
required to be notified under section 71, i.e., members elected at bye-election, shall
begin on the date of publication in the Official Gazette of the declaration containing the
names of such person as elected under section 67 or of the notification issued under
article 80(I)(a) or under any other provision announcing the nomination of such person
to the Council of States, as the case may be.

Legislative Councils

11. The provisions are the same, but sections applicable are sections 74, 156 and
157.

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 CHAPTER XIV

RETURN AND FORFEITURE OF DEPOSITS

ELECTIONS TO THE COUNCIL OF STATES

1. Every candidate whose nomination papers were found valid must have made the
requisite deposit of Rs. 10,000/- (Rs. 5,000/- in the case of a candidate belonging to a
Scheduled Caste of Scheduled Tribe). Some of the candidates, if not all, whose
nomination papers were found invalid and were rejected by you, must also have made
the deposit. There would also be some validly nominated candidates who have
withdrawn their candidatures according to law before the expiry of the time limit for
such withdrawals. Lastly, some candidates would be defeated at the polls while some
candidate(s) will have been duly elected to fill the seat(s) at the election. Deposits made
by them have either to be returned to candidates or forfeited to Government.

Legal provisions

2. Section 158 lays down the method of disposal of the deposits made by the
candidates. Follow its provisions carefully when you dispose of applications for the
return of the deposit by the candidates or by the persons who made the deposits on
their behalf.

N.B.— A deposit can be refunded only to the whose name it was made in the
treasury, or his legal representative if he is dead.

Conditions for return

3. The deposit made by a candidate shall be returned if the following conditions

are satisfied:

(i) the candidate is not shown in the list of contesting candidates, that is to say,
either his nomination was rejected or after his nomination was accepted, he
withdrew his candidature; or
(ii) he dies before the commencement of the poll; or
(iii) he is elected; or
(iv) he is not elected but gets more than1/6th of the number of votes sufficient to
secure the return of a candidate, i.e., the requisite quota as worked out for
the return of the candidate at the election.

N.B.—(1) For the purposes of clause (iv) above, the votes got by a candidate
shall be deemed to be :-
(i) the votes obtained by him at the end of the final count, if he was a
continuing candidate till the end, and
(ii) the votes obtained by him at the end of the count immediately
preceding his exclusion, if he was a candidate excluded from the poll [rule
97(a).].
(2) If the candidate has polled exactly l/6 th of the number of votes sufficient to
secure the return of a candidate, the deposit will not be refunded.
(3) If the candidate was elected, the deposit will be refunded even if he did not
poll more than l/6th of the votes sufficient to secure the return of a
candidate (which will, however, be quite improbable).

156
Return: When to be made

4. If the candidate is not shown in the list of contesting candidates or if he dies

before the commencement of the poll, the deposit should be returned as soon as
practicable after the publication of the list or after his death, as the case may be. Some
candidates may have made along with their second and subsequent nominations further
security deposits. The second and subsequent deposits should be returned, as far as
practicable, after the publication of the list of contesting candidates. In other cases, the
deposit should be returned as soon as practicable after the result of the election is
declared.

Form of application for return

5.1 The law does not prescribe any form in which a candidate may apply to you for
the return of his security deposit. However, in order to facilitate the candidate in making
the application and to enable you to verify easily the claim for the return, he may be
asked to make an application in the form given in Annexure XIV-A.

5.2 If the deposit was made by someone else on behalf of the candidate, the
application may be obtained in the form given in Annexure XIV-B.

5.3 If the candidate has died, his legal representative may make the application in
the form given in Annexure XIV-C.

Prompt settlement of applications for refund

6. In the past, complaints of considerable delay in refunding the deposit, possibly

because the candidates did not comply with some formality or the other, reached the
Commission. The Commission impresses upon you that all such cases should be
promptly settled. Any discrepancy found in the application for return of deposit should
be immediately brought to the notice of the candidate who should be given all help in
the matter.

Forfeiture of Security Deposit

7.1 Forfeit to Government every deposit which is not refundable under any of the
above paragraphs in this Chapter.

7.2 The forfeited among of the deposit shall be credited to revenues under the
following head:

"065-Other Administrative Services/B. Elections/ Sale proceeds of election forms

and documents/Fees, fines and forfeiture. Other receipts".

Elections to the State Legislative Councils

8.1 The candidates at an election to the State Legislative Council either by

Members of Legislative Assembly or from a Council Constituency are also required to
make a deposit of Rs.10,000/- (Rs. 5,000/- in the case of a candidate belonging to a
Scheduled Caste or Scheduled Tribe). The return of deposits made by them is also
governed by the above mentioned provisions of section 158 of the Representation of the
People Act, 1951. Therefore, the instructions contained in the foregoing paragraphs 1 to

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7 shall be applicable in relation to the return of deposits made at elections to the State
Legislative Councils.

8.2 However, while allowing the return of a deposit made for an election to the
State Legislative Council, the instructions contained in the following paragraph 9 shall
also be kept in view, apart from the conditions for return mentioned in paragraph 3
above.

Deposit Returnable in One Constituency only at Elections to State Legislative

Council

9.1 Note that if a candidate was a contesting candidate at a biennial election to the
State Legislative Council in more than one Council Constituency, he cannot get a return
of more than one deposit made by him or on his behalf. Likewise, if he was a contesting
candidate at an election in a Council Constituency and also at the election by Members of
the State Legislative Assembly to fill seats in the Legislative Council in the same biennial
election, he shall be entitled to the refund of only one deposit. Other deposits made by
him or on his behalf will be forfeited and deposited to Government A/C.

9.2 A contesting candidate at an election to the Council of States and also at an

election to the State Legislative Council, when simultaneously held, is entitled to the
return of deposits made in both the elections, if he is otherwise entitled to such return,
as the two elections are different.

Form of Application for Refund

10.1 In order that you may be in a better position to decide whether the candidate
was a contesting candidate from more Council Constituencies than one or whether he
was a contesting candidate both from a Council Constituency and at the election by
Members of Legislative Assembly to the State Legislative Council at the same biennial
election, obtain a declaration from the candidate whether he did so or not. For this
purpose, every application for a return of deposit should be required to be made by
candidate (or by the person who made the deposit in his behalf) in the form in Annexure
XIV-D or Annexure XIV-E as may be appropriate. When a person other than the
candidate has made the deposit, the candidate should be required to verify the
application.

10.2 Even if a declaration is made by the candidate to the effect that he was not a
contesting candidate from more than one Council Constituency or that he was not a
contesting candidate both from the Council Constituency and at the election by Members
of Legislative Assembly to the State Legislative Council at the same biennial election, you
are entitled to satisfy yourself from such other materials and information as may be
available to you that he did not in fact do so.

10.3 If the candidate has died, his legal representative may make the application
for return of deposit in the form in Annexure XIV-F.

Refund to a Candidate Belonging to Scheduled Caste or Scheduled Tribe

11.1 Where a candidate belonging to a Scheduled Caste or a Scheduled Tribe

contests an election he is required to make a deposit of only Rs. 5,000/- instead of Rs.
10,000/- for any election to the Council of States or State Legislative Council. If he
deposits by mistake or otherwise the full amount Rs. 10,000/- instead of what he is
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required to deposit as above, he is always entitled to the refund of the excess amount
actually deposited by him. You should satisfy yourself of his being a member of a
Scheduled Caste or a Scheduled Tribe before allowing such a refund.

11.2 As all the papers relating to nominations, scrutiny and withdrawal in a

Council Constituency would have been sent by you to the District Election Officer after
the declaration of the result, you may, before ordering refund, get the application and
other details required for the purpose verified by the District Election Officer concerned.

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 CHAPTER XV

MISCELLANEOUS

Signing by illiterate persons

1. Sub-rule (2)(a) of rule 2 of Conduct of Elections Rules, 1961 lays down that a
persons who is unable to write this name shall be deemed to have signed an instrument
or a paper if he has placed a mark on such instrument or other paper in the presence of
the Returning Officer or the Presiding Officer or such other officer as may be specified in
this behalf by the Election Commission. The Commission has, accordingly, specified
every officer belonging to an administrative service not below the rank of a Sub
Divisional Officer as an officer in whose presence such mark may be placed.

Manuscript, typewritten, cyclostyled or privately printed forms to be accepted

2. Rule 2(I)(g) defines "form" as a form appended to the said Rules including a
translation thereof in any of the languages used for official purposes of the State. As
sufficient number of any particular form printed officially by Government may not al
ways be available to satisfy public demand, the public would be put to a lot of
inconvenience if officially printed forms are insisted upon by election officers. In order
to avoid any such inconvenience, the Election Commission has specified that although
forms may have been printed by the Government, Returning Officers. Electoral
Registration Officers, Presiding Officers and other Election Officers shall freely accept
manuscript, typewritten, cyclostyled or privately printed copies of every form so long as
they have been correctly copied and such officers shall not reject any document merely
because it has not been drawn up on a form printed by the Government.

Submission of Report by the Returning Officer

3. If you are a Returning Officer for a Council Constituency, immediately after the
declaration of the result in the Constituency, you should, through the Chief Electoral
Officer of the State, forward to the Election Commission two copies of your report on the
various items as shown in Annexure XV-A for preparation of the Report on the Elections
by the Commission. You should advise the Presiding Officers working under you to give
in their Diary detailed information on the various items with which they are concerned
namely, items 12, 14, 15, 16, 21, 22, 24, 29, 31, 32, 33, 36, 37, 38, 40 and 42 of the said
Annexure. Please ensure that this information is furnished by you to the Chief Electoral
Officer within a fortnight from the declaration of the result. If you are a Returning Officer
for more than one Constituency, you should submit within time a separate report for
each Constituency. You should not, however, delay the submission of the report on the
ground that any particular information is not readily available. Any information which
could not be included in the report before the due date for submission should be sent by
a supplementary report.

Safe Custody of Election Papers

4.1 The District Election Officer of the District in the case of a Council Constituency
or you, if you happen to be Returning Officer for an election by Members of Legislative
Assembly, shall be responsible for the safe custody of the packets containing election
papers referred to in sub-rule (2) of rule 92 of the Conduct of Elections Rules, 1961.

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 These are :-
(1) the packets of unused ballot papers with counterfoils attached thereto;
(2) the packets of used ballot papers, whether valid, tendered or rejected
(this also includes packet in which covers containing postal ballot papers
received late are kept);
(3) the packets of the counterfoils of used ballot papers;
(4) the packets of the marked copy of the electoral roll;
(5) the packets of the declaration by electors and the attestation of their
signatures; and
(6) all other papers relating to the election which include the packets
containing all papers and proceeding relating to nomination, scrutiny
and withdrawal of candidatures.
4.2 Under the rule when a Council Constituency extends over more districts than
one, the election papers of that Constituency will be kept in the custody of such one of
the District Election Officers having jurisdiction over the Constituency as the Election
Commission may direct. Under this arrangement, normally, the District Election Officer
who had under the law provided the polling stations for the Constituency will be
responsible for the safe custody of these papers.

Arrangement for safe custody of election records

5.1 According to Commission's direction, you or, as the case may be, the District
Election Officer will have to keep the above mentioned steel trunks containing papers
referred to at items (1) to (5) under double lock in the District Treasury or Sub-
Treasury, as may be convenient.

5.2 One set of keys of the sealed steel trunks kept in the Treasury/Sub-Treasury
will be entrusted to the Treasury Officer or an officer in the Treasury authorized in the
Treasury Code. The other set of keys will be kept by you/District Election Officer himself
or by a senior officer nominated by you/him.

5.3 A date wise log book about the movement or disposal of the election records
from the Treasury should be maintained. All these security arrangements are necessary
because these election papers may be summoned at any time during the trial of an
election petition by High Court or by the Supreme Court or other competent Court.

5.4 The box(es) containing election records mentioned at item (6) in Para 4.1
above should be kept by you/District Election Officer in your/his own safe custody.

5.5 For proper maintenance and safe custody of these records, the Commission
feels that the election records should be kept in separate and properly secured store
rooms. A suitable register should be introduced to ensure that whenever an official is
required to carry out his official duties in the record room in question he makes an entry
showing the purpose for which a particular record was required and signs his name.
Where separate store rooms for election records are not available, the State
Governments may provide them. If separate rooms cannot be provided, arrangements
should be made to store the records in steel almirahs in charge of a responsible officer.

5.6 Special care is necessary with regard to the safe custody of the election records
in respect of an election called in question by an election petition which is pending. In
order to guard against any tampering with or theft of such election records, they should
be kept in a Government Treasury till the final disposal of the election petition.

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Production and Inspection of Election Papers

6.1 Sub-rule (2) of rule 93 of the Conduct of Elections Rules, 1961 provides that all
papers relating to an election other than those referred to in sub-rule (1) thereof shall
be open to public inspection subject to such conditions and to the payment of such fee, if
any, as the Election Commission may direct.

6.2 In pursuance of the said sub-rule read with section 76 of the Indian Evidence
Act, 1872, the Commission has issued the following directions in its S.O. No. 51/69,
dated the 6th February, 1969.

(1) Inspection.—(a) Every application for inspection of the said documents (other
than an account of election expenses) shall be made in writing and should
contain the particulars concerning the record of which inspection is required;
(b) An inspection of the documents shall be allowed to any person applying for the
same on payment of fee of Re. 1 per hour of inspection or part thereof, unless inspection
is required to be made urgently in which case the fee shall be Rs. 2 per hour or fraction
thereof;

(c) Inspection on an ordinary application shall be allowed on the day following the
date on which the application is made or on a subsequent day and inspection on an
urgent application, shall be allowed on the same day.

(2) Certified copy - A certified copy of any of the said documents (other than an
account of election expenses) shall be given to any person applying for the same, on
payment of fees at the same rate as is charged in the State for a copy of an order by a
Revenue Officer. The procedure to be followed in respect of an application for it shall be
the same as for a similar application made in respect of a case dealt with by a Revenue
Officer.

(3) The application should establish the right of the applicant for inspection or for
supply of certified copies of documents and for that purpose should clearly disclose that
the applicant has a direct and tangible interest in such document or documents and the
nature of such interest.

(4) No fee shall be charged when inspection or certified copy of a document is

required for official purposes.

7. When election records are inspected by interested persons soon after the
completion of the election, effective supervision by officials is necessary. To avoid
removal of any paper from the records simultaneous inspection by a large number of
persons should not be allowed.

Supply of Copies of Election Returns

8. Under sub-rule (3) of rule 93, the copies of election return in Form 23B may be
supplied by the Returning Officer, District Election Officer, Chief Electoral Officer, or the
Election Commission on a payment of Rs. 2 for each copy.

Disposal of Election Papers

9. The Commission has made the following directions under rule 94 of the Conduct
of Elections Rules, 1961. Subject to any direction to the contrary given by the
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Commission or by a competent Court and subject to the instructions contained in Para
10 below the election papers may be disposed of as indicated below :-

(a) Direction under rule 94(a)-(i) The packets of unused ballot papers with
counterfoils returned by Presiding Offers after the poll is over and referred to in clause
(a) of sub-rule (1) of rule 93 and clause (a) of rule 94 and kept in separate steel trunk or
trunks under double lock shall be retained in the Treasury for a period of six months
after the completion of the election and then destroyed.

(ii) The stock of undistributed ballot papers with counterfoils left with the
Returning Officers after issue to Presiding Officers for use at a polling station should be
returned to the Chief Electoral Officer immediately after the poll and the Chief Electoral
Officer should retain such ballot papers for six months to be computed—
(a) where no election petition has been filed, from the date of declaration of
result of the election;
(b) where an election petition has been filed, from the date of the judgment of
the High Court or the Supreme Court.

Where the Chief Electoral Officer has not got sufficient accommodation to store the
undistributed ballot papers, these ballot papers may be kept in Treasuries/Sub-
Treasuries under the orders of the Chief Electoral Officer and destroyed at the
appropriate time either under his supervision or under the supervision of officers
specifically authorized by the Chief Electoral Officer of the State in the manner specified
above.

(b)Direction under rule 94(b) - (i) The sealed packets of used ballot papers
(except the packets containing the counterfoils of used ballot papers) whether valid,
tendered or rejected, the packets of the marked copies of the electoral roll and the
packets of declarations by electors and the attestation of their signatures, which are
contained in the sealed steel trunks under the double lock and kept in the Treasury
should be retained for a period of one year after the completion of the election and then
destroyed.

The packets containing counterfoils of used ballot papers shall be retained for a
period of one year after the completion of the election and shall thereafter be destroyed
in all cases except those in respect of which election petitions or election appeals or
prosecutions for impersonation are pending.

(c) Direction under rule 94(c) - Papers specified in Annexure XV-B should be
destroyed at the expiry of six months from the date of the declaration of the result.

9.2 The list of challenged votes (Form 14) and the receipt book used for collection
of challenge fee, the dispatch register of postal ballot papers and forms of nomination
papers should not be destroyed before the expiry of 5 years from the date of declaration
of the result or till they are audited and audit objections, if any, settled whoever is
earlier.

9.3 Every order appointing a person as a Presiding Officer or Polling Officer should
not be destroyed before the expiry, of three years from the date of the election to which
the appointment relates.

9.4 Declaration of Result of Election (Forms 21A, 2IB, 23 and 23A) and Return of
Election (Form 23B) should be kept as permanent records of election.
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 9.5 The register of deposits may be destroyed in the same manner as revenue
registers, provided that in no case shall the register be destroyed before ten years.

Retention of Papers Where Petition is Pending

10. Where an election petition is pending for trial by a High Court, or any other
matter in respect of an election is pending adjudication by a Court, the papers relating
thereto should not be destroyed until the expiry of six months from the date of disposal
of such petition or matter finally.

Mode of Disposal of Election Papers

11.1 All election papers including restricted or confidential papers like used and
unused ballot papers and their counterfoils, copies of electoral rolls, etc., should be
shredded and thereafter made into pulp which can be recycled for manufacture of paper,
etc., in the case of restricted category of papers, such shredding shall be done in the
presence of a Gazetted Officer. A certificate should also be recorded by the concerned
officer.

11.2 All District Election Officers should see that the election papers are shredded
under their direct supervision, in their office, by borrowing, if necessary, shredding
machines so that these can be converted into pulp and recycled. The District Election
Officers should ensure that under no circumstances the unthreaded papers leave their
office.

Disposal of Surplus and Waste Ballot Papers

12. The following instructions should be strictly followed in regard to the manner
of disposal of surplus ballot papers:
(1) As soon as the poll in a Constituency is over and it is ascertained that there is
no need for an adjourned poll or a fresh poll in any polling station in that Constituency,
the surplus ballot papers which are kept in safe custody in the Government Press should
be cut into small pieces and destroyed along with the floor sweeping and other waste
ballot papers, by burning in the presence of the Chief Electoral Officer himself, or of a
Senior Officer duly authorized in writing by the Chief Electoral Officer for the purpose. If
the printing of the ballot papers is done at a Government Press situated at a District
headquarters, away from the State Capital, the destruction of the surplus and waste
ballot papers by burning should be done in the presence of the District Collector/District
Magistrate/Deputy Commissioner or a Senior Officer duly authorized in writing by him
for the purpose.
(2) The officer in whose presence the surplus and waste ballot papers are
destroyed by burning should record a certificate regarding the number/quantity of such
surplus and waste ballot papers destroyed in his presence and he should also obtain the
countersignature of the Superintendent of the Government Press on the certificate.
(3) As soon as practicable after the declaration of the result and in any case within
ten days thereof, a report should be sent to the Commission by the Chief Electoral Officer
certifying that all surplus and waste ballot papers printed for the election, have been
destroyed in the manner indicated above.

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Facilities Allowed by the Posts and Telegraphs Department for the Conduct of
Elections

13.1 The Posts and Telegraphs Department has been requested to extend special
facilities during the period of elections for receipt and delivery of letters and other
communications. They will issue their instructions to all the postal authorities in the
country.

Two Unused Ballot Papers for Record of the Commission

14 Two unused ballot papers for each biennial election / bye-election to Council of
States or Legislative Council should be sent to the Commission for its record. The Chief
Electoral Officer is to direct concerned Returning Officers in his State/Union Territory to
send as soon as possible after election is over two such un issued ballot papers to him
with the words "Cancelled for record in the Election Commission" written on the reverse
of each ballot paper under the signature of the Returning Officer and thereafter the Chief
Electoral Officer should sent the same without delay to the Commission.

165
 ANNEXURE I-A

FOURTH SCHEDULE
[Articles4 (l) and 80(2)]
Allocation of Seats in the
Council of States
To each State or Union Territory specified in the first column of the following table,
there shall be allotted the number of seats specified in the second column thereof
opposite to that State or that Union Territory, as the case may be :
TABLE

(1) Andhra Pradesh 11

(2) Assam 7
(3) Bihar 16
(4) Jharkhand 6
(5) Goa 1
(6) Gujarat 11
(7) Haryana 5
(8) Kerala 9
(9) Madhya Pradesh 11
(10) Chhattisgarh 5
(11) Tamil Nadu 18
(12) Maharashtra 19
(13) Karnataka 12
(14) Odisha 10
(15) Punjab 7
(16) Rajasthan 10
(17) Telangana 7
(18) Uttar Pradesh 31
(19) Uttrakhand 3
(20) West Bengal 16
(21) Jammu & Kashmir 4
(22) Nagaland 1
(23) Himachal Pradesh 3
(24) Manipur 1
(25) Tripura 1
(26) Meghalaya 1
(27) Sikkim 1
(28) Mizoram 1
(29) Arunachal Pradesh 1
(30) Delhi 3
(31) Puducherry 1
Total 233

166
 ANNEXURE I-B

The Third Schedule to the R.P. Act, 1950

(See section 10)
Allocation of Seats in the Legislative
Councils
Name of Total Number to be elected or nominated under article
number 171(3)
Name of State of seats Sub- Sub- Sub- Sub- Sub-
clause clause clause clause clause
(a) (b) (c) (d) (d)
1 2 3 4 5 6 7
1. Andhra Pradesh** 58 20 5 5 20 8
2. Bihar 96 34 8 8 34 12
3. Madhya Pradesh* 90 31 8 8 31 12
4. Maharashtra 78 22 7 7 30 12
5. Karnataka 75 25 7 7 25 11
6. Tamil Nadu # 78 26 7 7 26 12
7. Telangana** 40 14 3 3 14 6
8. Uttar Pradesh 108 39 9 9 39 12

* Provisions relating to Constitution of the Madhya Pradesh Legislative Council under

the Legislative Councils Act, 1957 have been brought into force. Consequently, there is
no Legislative Council in Madhya Pradesh.

# Provisions relating to Constitution of the Tamil Nadu Legislative Council under the
Tamil Nadu Legislative Council Act, 2010 dated 18th May, 2010 have been brought into
force. Consequently, there is no Legislative Council in Tamil Nadu.

** Provisions relating to reorganisation of the State of Andhra Pradesh under The

Andhra Pradesh Reorganisation Act, 2014 and The Andhra Pradesh Reorganisation
(Amendment), Act 2015 .

167
 ANNEXURE I-C

The Fourth Schedule to the R. P. Act, 1950

[See section 27(2)]

Local Authorities for purposes of Elections to Legislative Councils

ANDHRA PRADESH

1. Municipal Corporations
2. Municipalities
3. Nagar Panchayats
4. Cantonment Boards
5. ZilaPrajaParishads
6. MandalPrajaParishads

BIHAR
1. Nagar Parishads
2. Cantonment Boards
3. Nagar Panchayats
4. ZilaParishads
5. PanchayatSamitis
6. Nagar Nigams(Corporations)
7. Gram Panchayats

MADHYA PRADESH

1. Municipalities
2. JanapadaSabhas
3. MandalPanchayats
4. Cantonment Boards
5. Notified Area Committees
6. Town Area Committees

MAHARASHTRA
1. Municipalities
2. Cantonment Boards
4. ZillaParishad

168
 KARNATAKA

1. City Municipal Corporations

2. City Municipal Councils
3. Town Municipal Councils
4. Town Panchayats
5. ZillaPanchayats
6. TalukPanchayats
7. GramaPanchayats
8. Cantonment Boards

* TAMIL NADU

1. Municipalities, as referred to in Article 243Q of the Constitution

2. PanchayatUnion Councils
3. Cantonment Boards
4. District Panchayats referred to in Tamil Nadu Panchayat Act, 1994

TELANGANA**

1. Municipal Corporations.
2. Municipalities.
3. Nagar Panchayats.
4. Cantonment Boards.
5. ZilaPrajaParishads.
6. MandalPrajaParishads.

UTTAR PRADESH

1. Municipal Corporations.
2. Municipal Councils.
3. ZillaPanchayats.
4. Nagar Panchayats.
5. KshettraPanchayats.
6. Cantonment Boards.

*Subs. By The Tamil Nadu Legislative Council Act, 2010 dated 18.05.2010
** Subs. By The Andhra Pradesh Reorganisation Act, 2014 dated 01.03.2014

169
 ANNEXURE I-D(i)

ELECTION COMMISSION OF INDIA

NirvachanSadan, Ashoka Road, New Delhi – 110001.

No. 322/ LC/INST/2010-CC&BE Dated : 24th February, 2010

To

The Chief Electoral Officers

1. Maharashtra, Mumbai,
2. Uttar Pradesh, Lucknow,
3. Bihar, Patna,
4. Karnataka, Bangalore,
5. Andhra Pradesh, Hyderabad.

Subject: Biennial/Bye- Elections to the Legislative Councils from Council Constituencies

Instructions - regarding.
Sir,

I am directed to state that in connection with the Biennial elections/bye-

elections to the State Legislative Councils, the Commission has directed that the
following instructions shall be scrupulously implemented:-

1. ELECTORAL ROLLS{for Local Authorities’ Constituencies}

i) Under Rule 30 (1) of the Registration of Electors Rules, 1960, the Commission has
directed that the electoral rolls of the Local Authorities, Constituencies required to
be maintained by the Electoral Registration Officer of the Local Authorities,
Constituency concerned under Section 27 (2) ( c) of the Representation of the
People Act 1950, shall be prepared and maintained in the following format :-
Name of the Local Authorities Constituency:
S.No. Name of Sex Age Father’s/Husband’ Educational Name of the
the s/Mother’s or status Local Authority
elector other relation’s of which he/she
name is a Member

ii) For this purpose the Chief Executive Officer of the Local Authority while
furnishing the list of members of the Local Authority under section 27(2)(d)
of the Representation of People Act, 1950 willindicate the educational status
of the each member; that is to say whether the member is able to read names
on any papers and write figures 1, 2, 3, etc.
iii) The electoral roll shall be prepared in the official language of the State and in
English. The Commission has further directed that the electoral rolls shall be
published by the Electoral Registration Officer in his office and also in the
offices of the Local Authorities comprised in the Local Authorities
Constituency, immediately inviting claims and objections by giving a
minimum of seven days for the purpose. Any claims (in Form 17 ) and
objections received within the time fixed shall be disposed of by the ERO
within a period of three days and the roll shall be again published after
incorporating the claims and objections accepted within three days
thereafter and in any case before the last date for filing of nominations. The
provisions of Section 23(3) of RP Act 1950 will also apply in this case, i.e.
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 noaddition/deletion/amendment shall be made in the electoral roll after 3.00
P.M. on the last date for filing of nomination.
2. POLLING STATIONS for Local Authorities’ Constituencies
For closer monitoring and management of elections, it has been decided that
polling stations shall be set up at sub-divisional level. An immediate review of the
existing polling stations for the Local Authorities ’ Constituencies shall be undertaken by
the DEO and fresh proposals shall be forwarded to the Commission for approval, after
consulting all political parties.
3. CONDUCT OF ELECTIONS in all Council Constituencies:-
(1) Model Code of Conduct: The Commission has directed that the following
provisions of Model Code of Conduct shall be strictly implemented immediately on
the announcement of elections and will be in force till the completion of the
elections:

I. Ministers, whether Central or State (including Chief Minister) can make official
visit to any district(s) in which any Biennial/Bye-election from a Council
Constituency is being held subject to the following conditions:-
a. They shall not do any inauguration/ laying of foundation stones of any
educational institution, which are constituents of Graduates’ and
Teachers’ Constituencies.
b. Official visit shall not be combined with the election related work/tours.
c. There shall be no announcement of new policy programme/ policy likely
to influence the graduates, and the teachers, who form the electorate
of the Constituencies going to poll.
II. No official of any rank of the district(s) dealing with election related work where
the biennial/bye-elections are being held shall be called to attend any meeting by
any Minister at any place, if such meetings called by Ministers are related to
issues of the Educational Institutions which are constituents of Graduates’ and
Teachers’ Constituencies.
[para I & II have been substituted vide ECI letter No. 322/LC/INST/2014-
CC&BE, dated 26th February, 2014]
III. No member of any Local Authority which forms part of the electorate of a Local
Authorities’ Constituency shall be called for any official meeting by any
Minister/Political functionary. Routine meetings of the Local Bodies, when
essential, may be held with the prior permission of the District Election Officer of
the District concerned.
IV. Any official who meets the Minister on his private visit to the constituency where
elections are being held shall be deemed to be guilty of misconduct under the
relevant service rules; and if he happens to be an officer mentioned in Section
129 (1) of the Representation of People Act, 1951, he shall also be additionally
considered to have violated the statutory provisions of that section and liable to
penal action provided thereunder.
V. No pilot car(s) or car(s) with beacon lights of any colour or car(s) affixed with
sirens of any kind making his presence conspicuous shall be used by any Minister
during his private visit to the constituency, even if the State administration has
granted him a security cover requiring presence of armed guards accompanying
him on tour.
VI. No policy announcement or programme would be initiated in the Government
Departments related to the constituents of the election under reference. For
example, if the election is from a Local Authorities’ Constituency, no programme
or policy could be initiated by Urban or Rural Local Bodies Department. Likewise,
for Teachers’ Constituencies, no new policy or programme will be initiated/
announced by the Education Department dealing with the teachers. In the case of
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 elections from Graduates’ Constituencies, no programme/ policy likely to
influence the graduates, shall be announced, such as Un-Employment Allowance,
new Employment Schemes, etc.
VII. The Commission has directed that a special video team shall be put in place for
every Tehsil. Every political meeting shall be video graphed. Ministers and other
important political functionaries visiting the District shall be video-trailed. Copy
of the video recording shall be given to the Observers by the evening of the same
day. The Observers will go through it and report any violation to the Commission.
The Observers will submit reports as per the seven formats prescribed for
Assembly/ Parliament Elections.
VIII. The restrictions on “Official Tours” by Central & State Ministers will also be
applicable to use of any “Official Cars” by “Office Bearers” of Local Authorities,
like, Mayors of Municipal Corporations, Presidents of Municipal Councils
&ZillaParishads. The use of official cars by them shall be allowed for travel to &
from Office to Residence.
IX. If the statutory Meetings of Municipal Corporations, Municipal Councils, Zilla
Committees, etc., are unavoidable, it shall be allowed, but no policy decision
should be taken and release /sanctions of funds shall be subject to the same
restrictions as they apply during LokSabha/Assembly elections.
X. In addition, the provisions of Model Code of Conduct and ECI instructions
applicable to Assembly Elections, with regard to defacement of public & private
properties, shall also be applicable.
[para VIII, IX & X have been added by the Commission subsequently]
4. BAN ON TRANSFER OF OFFICERS
There shall be a total ban on the transfer of Returning Officers and Assistant
Returning Officers appointed for Biennial elections/bye-elections to State Legislative
Councils after the announcement of elections and this ban will be in force till the
completion of elections. The transfer orders in respect of the above officers issued prior
to the date of announcement but not implemented should not be given effect to without
obtaining the specific permission of the Commission. In those cases where transfer of an
officer is necessary on account of administrative exigencies, the State Govt. may with full
justification approach the Commission for prior clearance.

5. TRAINING FOR POLLING/COUNTING OFFICIALS

A training programme may be organized the Polling Officials and Counting
Officials to make them thorough about the procedures of poll and counting of votes.
6. ELECTION AGENTS/POLLING AGENTS/COUNTING AGENTS
(iv) It should be ensured that no person who is employed in Govt./Semi Govt.
offices nor any person who is holding a post accruing political benefit shall be
allowed to be appointed as Election Agent/ Polling agent/ Counting agent of
a contesting candidate.
(v) Election Agents/ Polling Agents/Counting Agents should not be office
bearers of the Local Bodies (rural or urban local bodies) such as Sarpanchs,
Pradhan, ZillaPramukh, Mayor, Dy. Mayor etc.
(vi) Election Agents/Polling Agents/Counting Agents should be persons from the
same Legislative Council Constituency.

7. OBSERVERS
It has been decided to appoint Observers for each of the Constituencies. The
Commission will be appointing Observers in due course. A briefing meeting will be
organized by the Commission for the Observers. The guidelines for the Observers are
enclosed at Annexure ‘A’
8. MICRO OBSERVERS
172
 The Commission has directed that micro observers shall be appointed in each
polling station on the day of poll. These micro observers shall be officials of the Central
Govt./Central PSUs. The Guidelines and checklist for the micro observers are enclosed at
Annexure ‘B’ & Annexure ‘C’.
9. POLL DAY PROCEEDINGS:
i) The poll proceedings inside all the Polling Stations shall be video-graphed on the
day of poll. The videography should be continuous and uninterrupted under the
supervision of an officer who would be accountable for it. While doing so, it
should be ensured that the secrecy of ballot is not at all violated/compromised.
ii) The videography must cover each and every voter as well as any accompanying
person in such a way that he/she is identifiable from the video-frame itself.
iii) The video-grapher should be properly briefed and trained by the Returning
Officer/Observer. The videographer appointed for a particular polling station
shall be under the control and supervision of the Micro Observer (and in his
absence, the Presiding Officer) of that polling station on the day of poll. The
Presiding Officer and the Micro Observer shall be responsible for the compliance
of instructions related to videography at polling station.
Iv) The video cameras should be positioned in such a way that by remaining static
it can cover every voter, along with person(s) accompanying voters as well as
poll proceedings inside the polling station, without compromising the secrecy of
vote.
v) The video-grapher should be issued an identity card for identification
vi) There should be proper back-up battery, CD, Diskettes, etc., for the videography to
continue uninterrupted throughout the polling hours.
vii) No helper or companion should be allowed inside the polling booths for helping /
assisting the voters except in the case of an illiterate/blind/infirm voter in
accordance with rule 40A (under rule 70) of the Conduct of Elections Rule, 1961.
In case an elector wishes to avail of the facility of a companion because of
his illiteracy, blindness or infirmity, he must give an advance intimation to
that effect to the Returning Officer at least 3 days before the date of Poll.
The Returning Officer shall examine the eligibility of the elector for getting the
facility of companion and in case the Returning Officerfind the elector eligible as
per thelaid down provisions, he/she shall indicate the same on the Electoral Roll
by making a mark against the name of the elector. On the day of poll, before
voting, such voters must also submit a declaration in the proforma enclosed at
Annexure ‘D’ herewith that he/she is illiterate/blind/infirm and thereafter
action will be taken by the Presiding Officer concerned as per Rule 40A of the
Conduct of Elections Rules, 1961 and accordingly maintain a record for that
purpose as per rule (Form 14A of the Conduct of Elections Rules, 1961). The
provisions contained in Rule 40A of the Conduct of Elections Rules, 1961 shall be
strictly followed in this regard. This list in Form 14(A) shall be scrutinized along
with the other documents viz. the CDs of video, Micro Observer’s report,
Presiding Officer’s report etc. by the Observer next day
viii) Same person shall not be allowed to be accompanying more that one voter as
provided in the first proviso to Rule 40A.
ix) In order to ensure strict compliance of the above provisions and instructions all
Micro Observers should be properly briefed and trained so that they take due
care that the Presiding Officers comply with the same for proper identification of
electors in accordance with the above guidelines and observance of requirement
of DECLARATION made by ILLITERATE/BLIND OR OTHERWISE INFIRM
ELECTORs and their companions. In case they notice any deviation / violation of
the instructions of the Commission, the Micro Observer should immediately bring
the same to the notice of the Presiding Officer of the polling station concerned
173
 and invariably report the incident to the Commission’s Observer at the earliest
for appropriate action in this regard.
x) Arrangements shall be made for live web-cast of the poll process at each polling
station on the poll day.
xi) During the poll, all the voters shall have to produce either EPIC or any other
identity document having photograph of the elector or their Identity Cards issued
by the Local Authorities concerned of which they are members.
xii) During poll proceedings, voters should use only the pen provided by the
Presiding Officer to record their votes in voting compartment. There shall be a
total ban on carrying Mobile Phones, any type of camera viz. Digital /Pen camera
etc., by any of the voters inside the Polling Stations

10. It has further been decided that instructions regarding ‘How to vote in the
Elections of Council Constituencies (copy enclosed at Annexure ‘E’) may be circulated to
all the voters in local vernacular.
11. The receipt of the letter be acknowledged urgently and immediate action shall be
taken on each of the above instructions.

Yours faithfully

(K. AJAYA KUMAR)

SECRETARY
Copy to:

Secy. (YS) for issuing instructions in respect of the Legislative Council Elections of
Jammu and Kashmir.

174
 ANNEXURE – A
DUTIES & RESPONSIBILITIES OF OBSERVERS FOR BIENNIAL/BYE-
ELECTIONS TO LEGISLATIVE COUNCILS

I. (i) To observe the process of nominations, scrutiny and withdrawal of

candidatures.
(ii) To examine the video clippings of the nomination process, if the Commission
directs so, as well as to make proper investigations into the complaints received in
connection with the process of nominations. Also to examine the unresolved grievances
by the candidate/Political Parties.
(iii) To submit four reports as per the Proforma enclosed.
(iv) To check the final list of contesting candidates.
(v) To monitor training to ensure that proper training is arranged for the election
staff, including the counting officials.
(vi) To visit polling stations to monitor that all polling stations have been visited by
election officials for verification from fitness angle. Also to verify that the list of
polling stations is approved by the Commission.
(vii) To discuss the poll, counting and security arrangements with District Election
Authorities and to review the law and order issues in general.
(viii) To monitor the Electoral Roll/Electoral College list prepared by the Electoral
Registration Officer/Returning Officer as per the Conduct of Elections Rules,
1961.
II Apart from the above, the Observers should seek prior permission from the
Commission every time they want to leave the headquarters on personal work or on
official work not connected with performance of their duties as Observers. Any request
in this regard for special permission shall be made to the Deputy Election Commissioner
concerned in Secretariat of the Election Commission. Observers shall not be allowed to
go on foreign trip during the period of the election process. No request in this regard
should be made to the Commission. Only in case of receipt of late intimation about
selection of the officer to attend a foreign training, which is duly sponsored by the DOPT
as per prescribed procedure, the State Government may recommend release of such
officer by substituting/sponsoring an officer of equivalent or of higher rank
III. The Observer shall also perform any other task, as assigned by Election
Commission.
IV Visit Schedule of the Observer shall be as follows:-
(a) First Visit - From the last date of nominations to
the last date for the
withdrawal of candidatures.

(b-i) Second Visit - For 3 days after one week of the last
date for the withdrawal of
candidatures.
(In the case of electionfrom council constituencies.)

(b-ii)Second Visit For one day after three days of the last
date for withdrawal of candidatures

(In the case of electionsby MLAs)

(c) Third Visit - From the date prior to the day of actual poll
and till the counting of votes and declaration
of result
175
 OBSERVER REPORT-1
(To be submitted after the last date for the withdrawal of candidature(s))
Name of Constituency
State
1 Is there any critical event Yes No If yes, give
details
2 Electoral Roll (for Graduates’ & Yes No If no, give
Teachers’ Constituencies)/Electoral details
College for Local Authorities by
MLAs etc. already
finalised/available for use.
3 Affidavits uploaded on CEO web site, Yes No -do-
put on notice boards and published

4 Arrangements for ballot paper printing Done Not done -do-

5 Preparation of list of polling personnel Done Not done -do-
6 Schedule for training of polling Done Not done -do-
personnel finalised or not
7 Adequate preventive steps taken for Done Not done -do-
maintenance of Law & Order
8 Whether the election machinery is awareYes No -do-
of Conduct of Elections Rules, 1961

Overall observation - (Indicate any arrangements not made, requiring improvements,

overall coordination assessment) Indicate areas of concern.
Date:
Place: Signature of the Observer

OBSERVER REPORT-2
(To be submitted 3 days before the poll)
POLL PREPAREDNESS REPORT
Name of Constituency
State

1 Whether all the materials for actual poll Yes No If no,

ready ? indicate
present position
2 Whether polling parties formed? Yes No -do-
3 Whether approval of list of polling stationsYes No -do-
obtained from the Commission ?
4 Whether approval for counting centre Yes No -do-
obtained from the Commission ?
5 Whether appointment and training of Yes No -do-
officials done ?

Any special input: -

Date:
Place:
176
Signature of the Observer

177
 OBSERVER REPORT-3
(To be submitted after counting of votes is over and the result is declared)
Name of Constituency
State

1 Whether poll was conducted as per procedure

laid down under the law ?
2. (a) Whether poll vitiated in any polling stations
(b) If so, details

(c) Whether the repoll was ordered by the

Commission ?
3. Whether the counting of votes was done
as per procedure laid down under law ?
4. (a) Whether any request for recount of votes
received ?

(b) If yes, whether it was accepted by RO ?

(c) Whether R.O. recorded reasons for accepting/
rejecting request for recount.
5 Whether the Commission’s permission was
obtained before commencement of counting
of votes and declaration of result.

Any other irregularity noticed -

Date:
Place:
Signature of Observer

178
 OBSERVER REPORT-4
(Departure Report)
Date of reporting by the Observer in the Constituency for election duty
Date of departure of Observer
Was there any break by the Observer from the duty ?
If Yes, give details
Was there any late reporting to duty ?
If yes, by how many days ?
Date:
Place:
Signature of Observer

179
 ANNEXURE - B
Guidelines for Micro Observers

1. Observers have a very crucial role to play in the conduct of an independent, free
and fair election. To strengthen the system of observation, the Commission has
consciously decided to deploy Micro Observers at each and every Polling Station of the
Council Constituency. These Micro Observers would directly work under control and
supervision of the General Observer of the Commission.

2. For deployment as Micro Observer, the Returning Officer will obtain the list of
Gazetted Officers/officials of Government of India / Public Sector Undertakings from
different offices in the district. Such Gazetted officers / officials will be eligible to be
deployed as Micro Observer. In case Gazetted officers are not sufficient in number,
Group ‘B (Non-Gazetted)’ or Group ‘C’ employees and above can also be utilized for this
purpose.

3. There shall be a nodal officer identified by the Returning Officer for Micro
Observers to handle logistics and deployment related tasks of Micro Observers in each
district. General Observers will be in close touch with them for their requirements of
Micro Observers relating to their constituencies.

4. Each Micro Observer shall be given a photo-pass and identity card by the
Returning Officer to ensure his access to the polling stations.

5. Observers will arrange and train their Micro Observers. The officer selected for
the job of Micro Observer may not be aware of different aspects of election process.
Therefore, a basic training of election processes on the day of the poll shall have to be
given to them. This should enable them to understand and observe the activities relating
to election on the day of the poll. Since the Micro Observer shall be reporting to the
Observer alone, it will be the responsibility of the Observers to ensure that they are
trained properly on the relevant and crucial issues. The Returning Officers will organize
the training of these Micro Observers.
6. The required number of officers for deployment as Micro Observer would be
picked up randomly from the list of all eligible officers. Further the assigning of polling
stations also will be done in random manner a day prior to the day of departure in
presence of the Observer and duly approved by him.

7. The Returning Officer should ensure that the Micro Observers are separately
dropped to their destinations. Micro Observer should be provided with an Identity card,
entry pass to his/her polling stations, and such other requirements as may be necessary
for discharge of duties as per the direction of the Commission.

8. On the day of poll the Micro Observer should reach the polling station at least one
hour before the commencement of the poll. If for certain reason it is not possible to
reach in the morning, he should reach in the evening of the previous day.

9. Having reached the polling station he should assess the preparedness for the poll.
During the poll day he should regularly note down the important points on the pre
printed Performa (a Performa for this is appended). It is made absolutely clear that in no
case the Micro Observer will act as presiding officer or the polling officer. His task is to
observe that election process is being carried out in a free and fair manner and there is
no vitiation of any kind.

180
10. In the process of observation on the day of the poll, the Micro Observer should
specially observe: -
 Presence of Polling Agents and observance of ECI instructions with regard to
them,
 Observance of videography in the Polling Station without compromising secrecy
of votes,
 The observance of entry pass system and access to Polling Station,
 Proper identification of electors in accordance with ECI guidelines,
 Identification and recording procedures for the Absentee, Shifted and Duplicate
voter’s list (ASD list),
 Noting down particulars of electors in Counterfoil of Ballot Papers,
 Issuance of ballot papers to electors
 Secrecy of voting,
 Observance of DECLARATIONS made by ILLITERATE/BLIND OR OTHERWISE
INFIRM ELECTORS and their companions.
 Conduct of polling agents, their complaints, if any, etc.

11. During the poll, if the Micro Observer feels that the poll is being vitiated for any
reason, he will immediately bring it to the notice of Observer through whatever means
of communication is available, for example, phone or wireless or any other means.

12. After the poll process is over, the Micro Observer will report to the Observer in
the format as enclosed as Annexure II at the collection center and hand over his envelop
containing the report for the day personally to the Observer and brief him/her on any
thing of importance that had happened during the day.

13. Observers will go through the report and if any further clarification is required then
he should arrange for the Micro Observer to be called for ascertaining those further
details.

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

181
 ANNEXURE - C
Checklist for Micro Observers

i) Whether more than one polling agent from the same candidate were
present inside the polling station at any time?
ii) Whether the entry pass system was enforced properly? Whether any
unauthorized person was inside the polling station at any point of time?
iii) Whether identity of each elector was properly checked?
iv) Whether events are recorded from time to time as and when they occur in
the Presiding Officer’s Diary?
v) Whether only one ballot paper was issued to each voter?
vi) Whether the Presiding Officer or Polling Officer was going towards voting
compartment or giving any undue instructions to the voters?
vii) Whether copies of accounts of votes recorded have been given to the
polling agents?
viii) Whether videography of the poll proceeding done without compromising
secrecy of voting and voting compartment was properly placed to ensure secrecy
of voting?
ix) Whether any complaint by polling agent, election agent or any political
party was received? If yes its substance.
x) Any other incident or issue that you would like to highlight
xi) Whether any unauthorized and ineligible person has been allowed to
accompany the infirm/blind/illiterate voter by the Presiding Officer.

Signature_________________________
Name (in full) :____________________
Designation :______________________
Phone No. :_______________________
Date & Time :___________________

182
 Annexure ‘D’

DECLARATION BY ILLITERATE/BLIND OR OTHERWISE INFIRM ELECTOR

I, _____________________________ S/D/W/o _____________________________ R/o :

____________________________________________, do hereby solemnly affirm and declare that I am
unable to read the ballot paper or to record vote thereon in accordance with Rule 37A of
the Conduct of Elections Rule, 1961 by the reason of illiteracy/blindness/other infirmity.

Signature/Left Hand Thumb Impression of elector__________________

Name of Elector_____________________
Part No. & Serial No. in the Electoral Rolls_____________________

Declaration given in my presence

Signature of Presiding Officer

183
 Annexure ‘E’
HOW TO RECORD VOTES
AT ELECTIONS TO LEGISLATIVE COUNCIL
- - - - - - -- - --- - -

1. To vote, use only the violet sketch pen, supplied to you along with the ballot
paper. Do not use any other pen, pencil, ball-point pen.

2. Vote by placing the figure “1” in the column marked 'order of preference'
provided opposite the name of the candidate you have chosen as your first preference.

3. Even if the number of candidates to be elected is more than one, the figure
“1” shall be put opposite the name of only one candidate.

4. You have as many preferences as there are contesting candidates irrespective

of the number of candidates to be elected.

5. Indicate your further preferences for the remaining candidates by placing the
subsequent figures 2,3,4 etc., in the order of your preference.

6. Put only one figure opposite the name of any candidate. Same figure should not
be put opposite the names of more than one candidate.

7. Preference shall be indicated in figures only, i.e. 1,2,3, etc., and shall not be
indicated in words, one, two, three, etc.

8. Figures may be marked in the international form of Indian numerals like 1,2,3,
etc., or in the Roman form I, II, III, etc., or in the form used in any Indian Language,
recognized in the Eighth Schedule to the Constitution.

9. DO NOT sign or initial or write your name or any words on the ballot paper.
Also, do not put your thumb impression.

10. DO NOT PUT ‘tick’ mark or ‘cross’ mark like “” or “” to indicate your
preferences. Such ballot paper will be rejected.

11. To make your ballot paper valid, you should indicate your first preference by
placing figure “I” against one of the candidates. The other preferences are only optional
and not compulsory.

________________________________________

184
 ANNEXURE I-D(ii)
ELECTION COMMISSION OF INDIA
NirvachanSadan, Ashoka Road, New Delhi – 110001.

No. 322/ LC/INST/2010-CC&BE Dated : 23th March, 2010

To
The Chief Electoral Officers

1. Andhra Pradesh, Hyderabad,

2. Bihar, Patna,
3. Karnataka, Bangalore,
4. Maharashtra, Mumbai
5. Uttar Pradesh, Lucknow,

Subject: Biennial/Bye-Elections to the Legislative Councils from Council Constituencies

Instructions - regarding.
Sir,
In continuation of the Commission’s instructions of even number dated
24.2.2010, I am directed to convey the following further instructions of the Commission
in addition to the instructions contained in para 3 of the said letter dated 24.2.2010:-
(viii) The restrictions on “Official Tours” by Central & State Ministers will also
be applicable to use of any “Official Cars” by “Office Bearers” of Local
Authorities, like, Mayors of Municipal Corporations, Presidents of
Municipal Councils &ZillaParishads. The use of official cars by them shall
be allowed for travel to & from Office to Residence.
(ix) If the statutory Meetings of Municipal Corporations, Municipal Councils,
Zilla Committees, etc., are unavoidable, it shall be allowed, but no policy
decision should be taken and release /sanctions of funds shall be subject
to the same restrictions as they apply during LokSabha/Assembly
elections.

185
 ANNEXURE-II-A

Voting at elections by Members of the Legislative Assembly—List of Members of

State Assemblies and Electoral Colleges

No. 3/4/2011(1):—In exercise of the powers conferred by sub-rule (1) of rule 96 of the
Conduct of Elections Rules, 1961, and in supersession of its direction S.O. No. 18/62
dated 5th March, 1962, the Election Commission hereby directs that the list of Members
of Legislative Assembly of a State, to fill a seat or seats in the Council of States or in the
Legislative Council of a State, shall be maintained under the said rule in the form given
below.

By Order,
(Signed) K.F. WILFRED,
Secretary
NEW DELHI :
Dated the 17th March,2011
FORM
Serial no. Serial no. and Name of Address Party affiliation Remarks
of Elector Name of the Elector (mention the name
Constituency of the Political
from which Party in the case of
elected members belonging
to political parties.
In the case of
others, write
independent’)
1 2 3 4 5

@ Applicable only to election to the Legislative Council.

186
 LIST OF MEMBERS OF ELECTORAL COLLEGES OF UNION TERRITORIES
No. 3/4/2011(2)—In exercise of the powers conferred by sub-rule (2) of rule 96 of
the Conduct of Elections Rules, 1961, and in supersession of its direction S.O. No. 28/64
dated 13th January, 1964, the Election Commission hereby directs that the list of
Members of Electoral College to be maintained under the said rule shall be in the form
given below:-
By Order,
(Signed) K.F. WILFRED,
Secretary
NEW DELHI :
Dated the 17th March,2011
FORM

Serial no. Serial no. and Name of Address Party affiliation Remarks
of Elector Name of the Elector (mention the name
Constituency of the Political
from which Party in the case of
elected members belonging
to political parties.
In the case of
others, write
independent)
1 2 3 4 5

187
 Annexure-IIB

Certified that all changes in the membership of……………………………(name of the

local body concerned such as Municipalities/District Board/Cantonment Boards/
Notified Area Committee/ZillaParishads/PanchayatSamitis/ MandalPanchayats
etc.) during the quarter ending March/June/September/December,
20……………have been intimated to the Electoral Registration Officer vide letter
No…………………..and dated……………………………mentioned below:-
1.
2.
3.
Chief Executive Officer
…………………….
(name of the local body concerned)
Date:

188
 Annexure-IIC

Certificate of Head of Institution of an educational institution specified by the

State Government under clause (b) of sub-section (3) of section 27 of the
Representation of the People Act, 1950

This is to certify that Shri/Smt./Kum…………………………..has been teaching in

………………………..(name of the institute) for a period of three years within the last
preceding six years as shown below against a post on regular/adhoc/contact* basis
with specified scale of pay of Rs……………………./Consolidated Pay.
1. (a) * As per the records of the institution, he/she has been engaged in this
institution continuously from………………….(date) to…………………(date), without
any break.
OR
(b) * As per the records of the Institution, he/she has been engaged in this
institution for the following periods of service:-
From……………………….. to………………………..
From……………………….. to………………………..
From……………………….. to………………………..
2. The dates of commencement of service & retirement of the teacher:
(a) The date of commencement of service:
(b) The date of retirement:

(Signature, Name & Seal of the Head of Institution)

(*Strike out whichever is not applicable)

189
 Annexure-IID

History of being engaged in teaching in an educational institution specified

by the State Government under clause (b) of sub-section (3) of section 27 of
the Representation of the People Act, 1950

Name of State………………………………………………………………………………………….
No. and Name of Teachers’ Constituency………………………………………………………………
No. and Name of Part…………………………………………………………………………………………...
S.No. Name of Elector Name of Specified Educational Institution and the
period for which the elector has been engaged in
teaching in the specified Educational Institution
during the last six years. (If an elector has been
engaged in teaching in more than one specified
educational institutions in the last six years, the
name of each such educational institution and the
duration for which the elector has been engaged in
teaching in that educational institution should be
given)

190
 Annexure IIE

Format of Electoral Rolls of Local Authorities’ Constituency

(Note: - Roll shall be published Part wise for each Local Authorities Constituency.
Roll of each part will be information is to be obtained from chief Executive Officer every
quarter. These may not be published section wise. Separate inclusion, deletion and
modification supplementary lists shall be published along with the mother roll till the
electoral roll is integrated. There shall be as many supplementary lists as the number of
revisions after the last integration)

Constituency Header
Part Header
Electoral Roll of the Part
Part Summary
Constituency Summary
The Electoral Roll of the part shall be published in the following columns:-
1. Serial Number in part
2. First Name of Elector
3. Surname of Elector
4. Name of Relation
5. Surname of Relation
6. Relation Type (Father/Mother/Other)
7. Sex (Male / Female/ Other)
8. Date of Birth
9. Name of local authority of which elector is member
10. Photo
11. EPIC Number
12. Name of State where elector is enrolled in Assembly Constituency ( if enrolled
in any assembly constituency)
13. No. of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
14. Name of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
15. No. of Part of Assembly Constituency where elector is enrolled ( if enrolled in
any assembly constituency)
16. Name of Part of Assembly Constituency where elector is enrolled ( if enrolled
in any assembly constituency)
17. Serial Number in Part where elector is enrolled ( if enrolled in any assembly
constituency)

191
 Annexure IIF

Format of Electoral Rolls of Graduates’ constituency

(Note: - Roll shall be published part wise for each graduates’ constituency Roll of
each part will be published section wise. Separate inclusion, deletion and modification
supplementary lists shall be published along with the mother roll till the electoral roll is
integrated. There shall be as many supplementary lists as the number of revisions after
the last integration)

Constituency Header
Part Header
Electoral Roll of the Part
Part Summary
Constituency Summary
The Electoral Roll of the Part shall be published in the following columns:-
1. Serial Number in Part
2. First Name of Elector
3. Surname of Elector
4. Name of Relation
5. Surname of Relation
6. Relation Type ( Father/Mother/Other)
7. Sex (Male/ Female/ Other)
8. Date of Birth
9. Educational Qualification ( The qualification on the basis of which elector in
enrolled in the graduates’ constituency)
10. Photo
11. EPIC Number
12. Name of State where elector is enrolled in Assembly Constituency ( if enrolled
in any assembly constituency)
13. No. of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
14. Name of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
15. No. of Part of Assembly Constituency where elector is enrolled ( if enrolled in
any assembly constituency)
16. Name of Part of Assembly Constituency where elector is enrolled ( if enrolled
in any assembly constituency)
17. Serial Number in Part where elector is enrolled ( if enrolled in any assembly
constituency)

192
 Annexure IIG

Format of Electoral Rolls of Teachers’ Constituency

(Note: - Roll shall be published Part wise for each Teachers’ Constituency. Roll of
each part will be published section wise. Separate inclusion, deletion and modification
supplementary lists shall be published along with the mother roll till the electoral roll is
integrated. There shall be as many supplementary lists as the number of revisions after
the last integration)

Constituency Header
Part Header
Electoral Roll of the Part
Part Summary
Constituency Summary
The electoral Roll of the part shall be published in the following columns:-
1. Serial Number in part
2. First Name of Elector
3. Surname of Elector
4. Name of Relation
5. Surname of Relation
6. Relation Type (Father/Mother/Other)
7. Sex (Male / Female/ Other)
8. Date of Birth
9. Name of Specified educational institutions where engaged in teaching for
three years out of last six years ( names of all such educational institutions
should be given in which the elector has been engaged in teaching in the last
six years)
10. Photo
11. EPIC Number
12. Name of State where elector is enrolled in Assembly Constituency ( if enrolled
in any assembly constituency)
13. No. of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
14. Name of Assembly Constituency where elector is enrolled ( if enrolled in any
assembly constituency)
15. No. of Part of Assembly Constituency where elector is enrolled ( if enrolled in
any assembly constituency)
16. Name of Part of Assembly Constituency where elector is enrolled ( if enrolled
in any assembly constituency)
17. Serial Number in Part where elector is enrolled ( if enrolled in any assembly
constituency)
Annexure-IIH

Detailed Instructions for Computerization of Electoral Rolls of

Legislative Council
1. Separate tables to be created as specified below for each such constituency,
part and electors along with the existing tables of Electoral Roll Management
System.
2. The data for each such tables to be maintained in language English as well as
in vernaculars of that constituency.

193
3. The naming convention maintained in existing control tables should be used
for linking all such units. For Eg. ( ST_CODE for State Code, AC_NO for
Assembly Constituency No and PART_NO for Part)
4. All the parts should be maintained separately for each constituency.
5. Each Part for such constituency to be linked with districts using District No.
6. For maintain electors details separate tables to be used for Graduates’ and
Teachers’ constituency.
7. The electors details can be linked with existing electoral roll of ERMS on the
basis of the following fields:
a. State Code
b. AC No
c. Part No
d. EPIC No
8. The roll for each such constituency should be printed part wise.
9. The prescribed format of existing electoral roll can be utilized for the printing
of its roll along with the details of control tables.
10. The existing roll of ERMS can be utilized to identify all such electors.

194
 Annexure-II-I

Database Structure of Legislative Council Electoral Rolls

Database Name: ECICONTROLTABLE
1. Table Name-TC_LIST
CCODE bigint Primary Key and Identity Yes
ST_CODE char(3) Checked
TC_NO int Checked
TC_NAME_EN nvarchar(100) Checked
TC_NAME_V1 nvarchar(100) Checked

2. Table Name-GC_LIST
CCODE bigint Primary Key and Identity Yes
ST_CODE char(3) Checked
GC_NO int Checked
GC_NAME_EN nvarchar(100) Checked
GC_NAME_V1 nvarchar(100) Checked

3. Table Name-TPART_LIST
CCODE bigint Primary Key and Identity Yes
ST_CODE char(3) Checked
TC_NO int Checked
TPART_NO int Checked
DIST_NO int Checked
TPART_NAME_EN nvarchar(100) Checked
TPART_NAME_V1 nvarchar(100) Checked

4. Table Name-GPART_LIST
CCODE bigint Primary Key and Identity Yes
ST_CODE char(3) Checked
GC_NO int Checked
GPART_NO int Checked
DIST_NO int Checked
GPART_NAME_EN nvarchar(100) Checked
GPART_NAME_V1 nvarchar(100) Checked

195
 ANNEXURE II-J

SCRUTINY SHEET FOR LIST OF

POLLING STATIONS
....................................................................Council Constituency of. ............................................ State.
1. Date of poll ...................................................
2. Total number of voters in the Constituency :
(a) Men .......................................................
(b) Women ..................................................
(c) Others………………………………………
(d) Service Voters .......................................
Total .......................................................
3. Number of polling stations required on the basis of an average of 750 voters per
polling station.
4. Total number of polling stations actually provided.
5. Average number of voters per polling station.
6. Number of polling stations to each of which more than 750 voters have been
assigned, indicating the highest number of voters assigned to a polling station.
7. The lowest number of voters assigned to a polling station.
8. Whether the number of voters in respect of each component village or other unit
of the polling area has been shown in the list/map.
9. No. of polling stations for which the maximum distance that a voter will have to
travel is more than 16 kilometers.
10. Whether all the polling areas have been clearly demarcated.
11. Whether serial number of polling stations has been done in a systematic
manner.
12. (a) Whether there are any areas predominantly inhabited by electors belonging
to depressed classes and other weaker sections of the society.
(b) If so, the number of polling stations set up separately for them and the total
number of electors assigned to each of them.
13. Whether any polling station has been proposed to be located in any :
(a) Private building
(b) Temporary structure, and if so, whether the exact site chosen for the
location of the polling station has been clearly indicated in the list.
14. Number of polling stations which have less than 20 sq. mt.area.
15. Whether it has been certified that the private buildings do not belong to any of
the Candidates, his active workers or known sympathizers.
16. Details of polling stations where more than 4 polling stations in urban areas
and more than 2 polling stations in rural areas have been located in the same
building.
17. Whether it has been certified that all the polling areas within the Constituency
are covered by the proposed polling stations.
18. (a) Serial Nos. of separate polling stations provided for women voters.
(b) In case of (a) above whether polling stations for men and women voters
of a particular area have been located in the same building.
19. Serial number of polling stations which have not been situated in the villages
having the largest number of voters.
20. Serial number of polling stations which have not been located in any of the
villages attached to it.
21. Whether the list has been informally published and discussed with the political
parties, etc.

196
 22. When the electoral roll of the Constituency was last prepared; and whether
there is any proposal of such preparation again during the year.
23. Any other remarks.
District Election Officer
Note—Please specify the serial numbers in addition to total number of polling stations
against items 6, 7, 12(b), 13, 14, 16, 18, 19 and 20.

197
 ANNEXURE II-K

Certificate to be furnished along with list of polling stations :

(i) That the draft list was duly published, objections and suggestions were
invited, and discussed with the party representatives and legislators on the
lines indicated in the Commission's directions;
(ii) That .all the polling areas within the Constituency have been covered in the
list;
(iii) That no building, public or private, which is a temple, church, mosque,
gurdwara or has any religious significance or in respect of which any section
of the public may have any legitimate objection to enter, has been proposed
as a polling station;
(iv) That no police station, hospital or dispensary is proposed as a polling station;
(v) That separate polling stations have been set up in areas, electors of which are
predominantly depressed classes and other weaker sections of the society
and that no such area has been either left out or linked with areas where
electors predominantly belong to forward or strong communities;
(vi) Where the usual limit of 750-1,000 voters per polling station or the limit of
16 kilometers beyond which a voter should not ordinarily be required to
walk has not been maintained, no better arrangement is practicable
(vii) That no private building in the list of polling stations belongs to any political
party or is known to belong to any prominent or active member of any of the
political parties; and
(viii) In case where private buildings have been selected as polling stations, the
written consent of the owner(is it necessary? the requisitioning can be done
without consent)for the purpose has been obtained.

Signature of the
Place........... District Election Officer/ Returning Officer

Dated ........

198
 ANNEXURE II-L

ORDER
In exercise of the powers conferred by section 25 of the Representation of the
People Act, 1951, the Election Commission hereby directs that the concerned District
Election Officer shall publish the list of polling stations provided by him for every
Council Constituency with the previous approval of the Commission, by making a copy
thereof available for inspection and displaying notice in the form appended.
(a) at his Office; and
(b) at the Office of the Electoral Registration Officer for the Constituency.
The District Election Officer shall, as far as practicable, also make a copy of the
relevant parts of the list, together with the notice in the form appended, available for
inspection at such of the following places as he may consider necessary :
(i) In the Office of the Collector/District Magistrate/Sub-divisional
Magistrate/Revenue Divisional Officers/Judges and Munsiff Courts/Prant
Officer/Tahsildar/Amildar/District Boards/Municipal Committee/Notified
Area Committee/Deputy Tahsildar/ Sub-registrar/Police
Stations/Mauzadars or Sarpanch or Union PanchayatGhars/Universities;
(ii) In the case of Teachers’ Constituencies in educational institutions in the
Constituency not lower in standard than a secondary school; and
(iii) such other places and in such other manner as he may consider necessary
and suitable.

199
 ANNEXURE II-M

NOTICE OF PUBLICATION OF LIST

OF POLLING STATIONS
In pursuance of the provisions of section 25 of the Representation of the People
Act, 1951, (I)....................... District Election Officer in the State of ... ...........hereby provide
for the............................. Constituency, with the previous approval of the Election
Commission, the polling stations specified in the appended list for the polling areas or
groups of voters noted against each.

District Election Officer

Dated......... ………..........Constituency

200
 ANNEXURE II-N

Notice to Candidates or their Election

Agents regarding the Date, Time and
Place for counting
Election to the Council of States

.......................................... Legislative Council

......................................... Constituency

In pursuance of rule 51 of the Conduct of Election Rules, 1961, I hereby give notice
that I have, in accordance with the said ' rule, fixed the..............................day
of..........................(month) 20......., ......... a.m./p.m. as the date and time for the counting of
votes for the above election and................................. (place) in........................................as the
place for such counting.

Place......................... Signature ...........................

Dated......................... Returning Officer .............

To
All candidates or their election agents

201
 ANNEXURE III-A

ORDER OF APPOINTMENT OF
PRESIDING AND POLLING OFFICERS

Biennial/Bye-election to the Legislative Council of…

In pursuance of sub-section (1) and sub-section (3) of section 26 of the
Representation of the People Act, 1951, (43 of 1951) I hereby appoint the officers
specified in columns 2 and 3 of the Table below as Presiding Officer and Polling Officers
respectively for the polling station specified in the corresponding entry in column 1 of
the Table provided by me* for............ Graduates*/ Teachers*/Local Authorities
Constituency. I also authorise the Polling Officer specified in column 4 of the Table
against that entry to perform the functions of the Presiding Officer during the
unavoidable absence, if any, of the Presiding Officer.
TABLE
Polling Station Name of the Name of the Polling Officer
number and Presiding Pulling authorised to
name Officer Officer perform
with complete the function of
particulars of its the
location Presiding Officer
in
the latter’s
absence

1 2 3 4

The Poll will be taken on.................................. (date) during the hours................... to

.......................... The Presiding Officer should arrange to collect the polling materials from.
................................(full address of the place) and after the poll, these should be returned to
collecting centre at ..............................(full address of the place).

Place......... Signature.................
District Election Officer/
Date........... Returning Officer
....................... District

*Omit if not applicable.

202
 ANNEXURE III-B

LAYOUT OF POLLING STATION

SIMULTANEOUS ELECTION

P.O. PRESIDING OFFICER

1,2,3,4 & 5 POLLING OFFICERS
PAS POLLING AGENTS
B BALLOT BOX
VC VOTING COMPARTMENT

203
ANNEXURE III-B

204
ANNEXURE III-B

205
 INSTRUCTION FOR LAYOUT OF
POLLING STATIONS
(a) The construction of the voting compartment should be given special attention.
Large and heavy curtains which only make these compartments dark and frightening
should not be used simply because they are available in stock. A simple and inexpensive
arrangement is to tie four poles to the four legs of a small table or a tea-poy and a
curtain round the poles covering three sides. The table raised to a high of 5 feet above
the ground with the help of bricks and placed at a distance of less than 2 feet from the
wall will provide an excellent voting compartment.
(b) The same idea can be carried out more neatly at a slight expense as follows :
A thin wooden board 24" x 18" with a hole in each corner, four wooden rods 18"
long to fit into the four holes, and piece of cloth attached to the rods round three sides
will be sufficient portable equipment for one voting compartment. This should be set up
on a small table raised to a height of 3 feet from the ground with bricks. Where
practicable, two such sets may be provided for each polling party. If cheap material is
used it should not cost more than Rs. 3.00 per unit and could be readily prepared at
tehsil headquarters.
(c) The third alternative method of setting up voting compartments) side by side is
by hanging a curtain parallel to the wall at a distance of about 2 feet from it, another
curtain hung at right angles to the first curtain as indicated on the line plan. These
curtains need not come right down to the ground. It would be sufficient to have them of
3 or 4 feet width. In places where 'tails' are readily available, the voting compartments
can be easily constructed with the help of two 'talis' placed at right angles to each other
in one corner of the room.

206
 ANNEXURE IV-A

List of Polling Materials to be sent to each

Polling Station
Serial number and description of Scale of supply
materials
1 2
1. Ballot boxes 2
2. Ballot papers with counterfoils Specified number
3. Electoral rolls for use as marked 2
copy and for the use of the Presiding
Officer
4. Paper Scale 4
5. Metal seal for Presiding Officer 1
6. Rubber stamp bearing distinguishing 1
mark of polling station
7. Self-inking purple pad 1
8. (i) Form 14-List of challenged votes One form
(ii) Form 14 A-List of illiterate, Blind
and Infirm Voters
(iii)Form 15-List of tendered votes
9. Form 16-Ballot paper account (One+No.of contesting candidates)-
Forms.
10. (i) Presiding Officer’s diary One form
(ii) Paper seal account
(iii) Form for declaration by Presiding One form
Officer before commencement of the
poll and at the end of poll
1
11. (i) Form of declaration by 1
companion of blind or infirm voters
(ii) Form of receipt for challenge fee One book
(iii) Letter of complaints to Sub- Five forms
Inspector of Police

12. Pieces of thin wire 6

13. Furniture Scale as required and available
14.Posters showing the particulars of 1
voters allotted to each polling station
15. Poster showing the list of 1
contesting candidates
16. List of contesting candidates with 1
.the name of the election agent of . each
candidate
17. Labels for ballot-boxes 6
18. Address tags 6
19. Badges with safety pin One badge for each
poling personnel printed
appropriately.
20. Fools cape white paper 4
21. Blotting paper 4 bits of 1/4 size
207
22. (i) Ink bottles, pen-holders and nibs 2 sets or a ballpoint
(ii) Carbon Papers pen.
(iii) Copying pencils 4
(iv) Sketch Pens of violet colourink .. 1
for marking the vote
by voter.

23. Cardboard for use as padding below One big piece

paper seal
24. Pins A strip of 10 pins
25. Gem Clips Three clips
26. White Twins 4 meters
27. Sealing wax 250 grams
28. Brown sheet for packing Three sheets
29. Sets of covers-
(i) Cover for unused ballot papers with
counterfoils
(ii) Cover for tendered ballot papers
(iii) Cover for cancelled returned ballot
papers
(iv) Cover for marked copy of electoral One set
rolls
(v) Cover for tendered votes list
(vi) Cover for list of challenged votes
(vii) Cover for record under rule 40
(viii) Cover for record under rule 41
(ix) Cover for ballot paper account
(x) Cover for appointment letter of
polling agents
(xi) Cover for miscellaneous papers.
(xii) Blank cover
(xiii) Cover for unused and
damaged paper seal
(xiv) Cover for paper seal account
(xv) Cover for receipt for challenge fee
One set.
(xvi) Cover for declaration by
companion of
blind or infirm voters.
(xvii) Cover for Presiding Officer's
diary
(xviii) Cover for counterfoils of used
ballot papers
(xix) Cover for declaration by the
Presiding
Officer before commencement of the
poll
and at the end of poll

30. Candle 1
31. Match-box 1
32. Gum and paste Required quantity

208
33. Needle 1
34. Country twine (sutli - thread) 2 bundles
35. Pusher for pushing ballot papers 1
into ballot box

36. Gunny bag for transport of polling 1

materials
37. Materials for voting compartments Required materials
38. Instructions to Presiding Officers One copy
39. Papers for polling agents At the rate of three per candidate.
40. Postage stamp Service postage stamp to the value of
Rs.5 in suitable Denominations.
41. Metal rule for detaching ballot 1
papers from counterfoils
42. Canvas bag or new cloth for
wrapping ballot-box or boxes
43. Sufficient quantity of ribbon or tape
for securing the ballot box by passing it
on all sides.

.
N.B.-In Graduates* or Teacher' Constituencies, the original application of the electors
(assigned to the polling stations) for enrolment of names in the electoral roll as
submitted in Form 18/Form 19 should also be supplied to the PresidingOfficer.

209
 ANNEXURE V-A

Form of Oath or Affirmation

[Article 84(a)/173(a) of the Constitution of India]
I ............................... having been nominated as a candidate to fill a seat in the *"Council
of State/ Legislative Council do swear in the name of God/solemnly affirm that I will
bear true faith and allegiance to the Constitution of India as by law established and that
1 will uphold the sovereignty and integrity of India.
(Signature and Name in block
letters of the candidate)
Sworn in the name of God/Solemnly affirmed by
Shri/Shrimati...................................................at ............................ (place) at ...........................(hour)
this ............................day of ................. 20.....................

Before me
Signature of Authorised Person
(Name, designation and seal)
Certificate for Receipt of Form of Oath
(To be handed over to the candidate by the
authorised person)
Certified that ..................... (name) a candidate for election to the
#................................................has made and subscribed the oath/affirmation as required by
the Constitution of India before me at my office at.................... (hour) on .................. (date).
Signature of Authorised Person
(Name and designation)
Date .........................
Seal.
*Score out which is not applicable, Here insert one of the following alternatives as
may be appropriate.

# Council of States by the elected members of the Legislative Assembly

............................(State). Legislative Council by the members of the Legislative Assembly.
Legislative Council from the .......... ......................................Constituency.

210
 Annexure V-B

Affidavit to be furnished by the candidate alongwith Nomination Paper

Before the Returning Officer Please affix
For election to………………..(name of the House) your recent
passport size
From……………………………Constituency(Name of the Constituency) photograph
here
I …………………………., **son/daughter/wife of……………………………………………………………
Aged…………years, resident of……………………………(mention full postal address), a candidate at
the above Election, do hereby solemnly affirm and state on oath as under:-
(1) I am a candidate set up by------------------------------(**name of the political party ) /
**am contesting as an Independent candidate.
(**strike out whichever is not applicable)
(2) My name is enrolled in……………………………….(Name of the constituency and the State),
at Serial No……………….in Part No…………………
(3) My contact telephone number(s) is/are……………………………………………………
(4) Details of PAN and status of filing of Income tax return :
Sl. No. Names Permanent The financial year Total income
Account for which the last shown In Income
Number (PAN) Income-tax return Tax Return ( in
has been filed Rupees)
1. Self
2. Spouse-
3. Dependent 1
4. Dependent 2
5. Dependent 3 ………

(5) I am/am not accused of any offence(s) punishable with imprisonment for two years or more
in a pending case(s) has/have framed by the court(s) of competent jurisdiction.

If the deponent is accused of any such offence(s) he shall furnish the following information:-

(i) The following case(s) is/ are pending against me in which charges have been framed by
the court for an offence punishable with imprisonment for two years or more:-

(a) Case/First Information Report No./Nos.

together
with complete details of concerned Police
Station/
District/State
(b) Section(s) of the concerned Act(s) and
short description of the offence(s) for
which charged
(b (c) Name of the court, Case No. and date of order
taking cognizance :
(d) Court(s) which framed the charge(s)
(e) Date(s) on which the charge(s) was/were
framed
(f) Whether all or any of the proceeding(s)
have been stayed by any Court(s) of
competent jurisdiction

211
 (ii) The following case(s) is/ are pending against me in which cognizance has been taken by
the court [other than the cases mentioned it item (i) above]

(a) Name of the court, Case No. and date of order

taking cognizance :
(b) The details of cases where the court has
taken cognizance, section(s) of the Act(s)
and description of the offence(s) for which
cognizance taken
(b (c) Details of Appeal(s)/Application(s) for
revision (if any) filed against the above
order(s)
6. I have been/have not been convicted of an offence(s) {other than any offence(s) referred to in
sub-section (1) or sub-section (2), or covered un sub-section (3), of section 8 of the
Representation of the People Act, 1951 (43 of 1951) and sentenced to imprisonment for one
year or more.
If the deponent is convicted and punished as aforesaid, he shall furnish the following
information:
In the following cases, I have been convicted and sentenced to imprisonment by a court of law:

(a) The details of cases, Sections of

the Act and description of the
offence for which convicted :
(b (b) Name of the Court(s), Case No. and
Date(s) of order(s) :
(c) Punishment imposed :
(d) Whether any appeal was/has
been filed against the conviction
order. If so, details and the
present status of the appeal:

(7) That I give herein below the details of the assets (movable and immovable etc.) of
myself, my spouse and all dependents:

A. Details of movable assets :

Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given.
Note: 2. In case of deposit/Investment, the details including Serial Number, Amount, Date of
Deposit, the Scheme, Name of Bank/ Institution and Branch are to be given.
Note: 3. Value of Bonds/Share/Debentures as per the current market value in Stock
Exchange in respect of listed companies and as per books in case of non- listed companies
should be given.
Note: 4 .Dependent here has the same meaning as assigned in, Explanation (v) under
section 75A of the Representation of the People Act, 1951.
Note: 5. Details including amount is to be given separately in respect of each investment

S. No. Description Self Spouse Dependent-1Dependent Dependent

-2 -3
(i) Cash in hand

212
 (ii) Details of Deposits in
Bank accounts (FDRs,
Term Deposits and all
other types of Deposits
including saving
accounts), Deposits
with Financial
Institutions, Non
Banking Financial
Companies and
Cooperative societies
and the amount in each
such deposit
(iii) Details of investment in
Bonds,
Debentures/shares and
units in
companies/Mutual
Funds and others and
the amount.
(iv) Details of investment in
NSS, Postal Savings,
Insurance Policies and
investment in any
Financial Instrument in
Post office or Insurance
Company and the
amount
9 (v) Personal loans/advance
given to any person or
entity including firm,
Company, Trust etc. and
other receivables from
debtors and the
amount.
(vi) Motor
Vehicles/Aircrafts/
Yachts/Ships (details of
Make, Registration No.
etc, Year of Purchase
and amount )
(vii) Jewelry, bullion and
valuable thing (give
details of weight and
value)
(viii) Any other assets such as
value of
Claims/interest
(ix) Gross Total value

B. Details of Immovable assets:

213
 Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to
be indicated
Note: 2 . Each land or building or apartment should be mentioned separately in this format.

S. No Description Self Spouse Dependent-1Dependent-2Dependent

-3
(i) Agricultural Land
Location(s)
Survey number(s)
Area (Total
measurement in
acres)
Whether inherited
property (Yes or NO)

Date of purchase in
case of self acquired
property
Cost of Land (in case
of purchase)at the
time of purchase
Any Investment on the
land by way of
development,
construction etc.
Approximate Current
market value
(ii) Non-Agricultural
Land
Location(s)
Survey number(s)
Area (Total
measurement in sq.
ft.)
Whether inherited
property (Yes or NO)
Date of purchase in
case of self acquired
property
Cost of Land (in case
of purchase) at the
time of purchase
Any Investment on the
land by way of
development,
construction etc.
Approximate Current
market value

214
(iii) Commercial
Buildings (including
apartments)
-Location(s)
-Survey number(s)
Built up Area (Total
measurement in sq.
ft.)
Whether inherited
property (Yes or NO)
Date of purchase in
case of self acquired
property
Cost of property (in
case of purchase) at
the time of purchase
Any Investment on the
property by way of
development,
construction etc.
Approximate Current
market value
(iv) Residential Buildings
(including apartments,)
-Location(s)
- Survey number(s)
Area (Total
measurement in sq.
ft.)
Built up Area (Total
measurement in sq.
ft.)
Whether inherited
property (Yes or NO)
Date of purchase in
case of self acquired
property
Cost of property (in
case of purchase) at
the time of purchase
Any Investment on the
land by way of
development,
construction etc.
Approximate Current
market value
(v) Others (such as
interest in property)
(vi) Total of Current
Market Value of (i)
to (v) above

215
(8) I give herein below the details of liabilities/ dues to public financial institutions and
government :-
(Note: Please give separate details of name of Bank , institution, entity or individual and
amount for each item)

S. No. Description Self Spouse(s) Dependent-1Dependent-2Dependent-3

(i) Loan or dues to
Bank/financial
institution(s)
Name of Bank or
Financial
Institution,
Amount
outstanding
Nature of loan
Loan or dues to any
individuals/ Entity
other than mentioned
above. Name(s),
Amount outstanding,
nature of loan
Any other liability
Grand total of liabilities
(ii) Government Dues:
Dues to departments
dealing with
government
accommodation
Dues to departments
dealing with supply of
water
Dues to departments
dealing with supply of
electricity
Dues to departments
dealing with supply of
telephones/mobiles
Dues to departments
dealing with
government transport
(including aircrafts
and helicopters)
Income Tax Dues
Wealth Tax Dues
Service Tax Dues
Municipal /Property
Tax Dues
Sales Tax Dues
Any other dues
(iii) Grand total of all Govt.
dues
216
 (iv) Whether any other
liabilities are in
dispute, if so, mention
the amount involved
and the authority
before which it is
pending.

(9) Details of profession or occupation:

a. Self………………
b. Spouse …………
(10) My educational qualification is as under:
……………………………………………………………………………………………………………………
(Give details of highest School / University education with full form of the certificate/ diploma/
degree course, name of the School /College/ University and the year in which the course was
completed.)

PART-B
(11) ABSTRACT OF THE DETAILS GIVEN IN (1) TO (10) ABOVE:

1. Name of the candidate Sh./Smt./Kum.

2. Full postal address
3. Number and Name of the constituency
and state
4. Name of the Political party which set up the
candidate (otherwise write ‘Independent’)
5. (i) Total number of pending cases where
charges have been framed by the Court
for offence punishable with imprisonment
for two years or more
(ii) Total number of pending cases where
the court (s) have taken cognizance [other
than the cases mentioned in item (i)
above]
6. Total Number of cases in which convicted
and sentenced to imprisonment for one
year or more [except for offences referred
to in sub-section (1), (2) and (3) of section
8 of Representation of the People Act,
1951].
7. PAN of Year for which last Total Income
Income Tax Return filed Shown
(a) Candidate
(b) Spouse:
(c) Dependents
8. Details of Assets and Liabilities in rupees
Description Self Spouse Dependent-IDependent-II Dependent-III
A. Moveable
Asset (Total value)
B. Immovable Asset

217
 (i) Purchase Price of
self- acquired
immovable
property
(ii) Development/
construction cost of
immovable property
after purchase (if
applicable)
(iii) Approximate
Current Market Price
of
(a) Self-acquired
assets (Total
Value)
(b) Inherited
assets (Total
Value)
9. Liabilities
(i) Government
dues (Total)
(ii) Loans from Bank,
Financial Institutions
and others (Total)
10. Liabilities that are under dispute
(i) Government dues
(Total)
(ii) Loans from Bank,
Financial Institutions
and others (Total)
11. Highest educational qualification:
(Give details of School / University education mentioning the full form of the
certificate/ diploma/ degree course, name of the School /College/ University and the
year in which the course was completed.)

VERIFICATION

I, the deponent, above named, do hereby verify and declare that the contents of this
affidavit are true and correct to the best of my knowledge and belief, no part of it is false
and nothing material has been concealed there from. I further declare that :

(a) there is no case of conviction or pending case against me other than those
mentioned in items 3 and 4 above;
(b) I, my spouse, or my dependents do not have any asset or liability, other than those
mentioned in items 5 and 6 above.

Verified at………………. …..this the………………………day of………………………………. 201…………

218
 DEPONENT

Note: 1. Affidavit should be filed latest by 3.00 PM on the last date of filing nominations.
Note: 2. Affidavit should be sworn before an Oath Commissioner or Magistrate of the First
Class or before a Notary Public.
Note: 3. All columns should be filled up and no column to be left blank. If there is no
information to furnish in respect of any item, either “Nil” or “Not applicable”, as the case
may be, should be mentioned.
Note: 4. The affidavit should be either typed or written legibly and neatly.”

219
 ANNEXURE V-C

OFFICE OF THE RETURNING

OFFICER
Election to the Legislative Council of................ from.............Council Constituency.
Memo. No................ Date .............
To
........................... (Name of the Candidate).
In your nomination paper, you have mentioned that you are an elector in
.................Assembly Constituency : but you have not produced documentary evidence
thereof. In this connection, your attention is invited to sub-section (5) of section 33 of
the Representation of the People Act, 1951 which reads as follows :
"Where the candidate is an elector of different Constituency, a copy of the electoral
roll of that Constituency or of the relevant part thereof or a certified copy of the relevant
entries in such rolls shall, unless it has been filed along with the nomination paper, be
produced before the Returning Officer at the time of scrutiny.

Dated.................. Signature
Returning Officer

Received Memo, No................. dated ................. ...... from the Returning Officer, Election to
the Legislative Council of ………………… from ………............................ Council Constituency to-
day.

Place............ Signature of Candidate

Dated........... or Proposer

220
 ANNEXURE V-D
ELECTION COMMISSION OF INDIA
New Delhi, the 18th March; 1968
Notification
No. 3/6/68 (1).—In pursuance of clause (a) of article 84 and clause (a) of article 173 of
the Constitution of India and in supersession of its notification No. 3/3/66, dated the
25th April, 1967, the Election Commission hereby authorises—
(i) the Returning Officer concerned and all the Assistant Returning Officers
subordinate to him.
(ii) all stipendiary Presidency Magistrates and all stipendiary Magistrates of the
first class and
(iii) all district judges and all persons belonging to the judicial service of a State
other than district judges.
as the person before any one of whom a person having been nominated as a candidate
(hereinafter referred to as the candidate) for election to fill a seat in the Council of
States, or in the House of the People, or in the Legislative Assembly of a State (other than
Jammu and Kashmir), or in the Legislative Council of a State (other than Jammu and
Kashmir) having a Legislative Council, shall make and subscribe the oath or affirmation
in the form set out for the purpose in the Third Schedule to the said Constitution.
2. Notwithstanding anything contained in paragraph 1, in pursuance of clause (a) of the
said article 84 and clause (a) of the said article 173, the Election Commission hereby also
authorises as the person before whom the candidate may make and subscribe the said
oath or affirmation,—
(a) where the candidate is confined in a prison, the superintendent of the prison;
(b) where the candidate is under preventive detention, the commandant of the
detention camp;
(c)where the candidate is confined to bed in a hospital or elsewhere owing to
illness or any other cause, the medical superintendent in charge of the hospital
or the medical practitioner attending on him;
(d) where the candidate is out of India, the diplomatic or consular representative
of India in the country where the .candidate happens to be or any person
authorised by such diplomatic or consular representative;
(e) where the candidate is for any other reason unable to appear or prevented
from appearing, before the Returning Officer concerned or any Assistant
Returning Officer as aforesaid, any other person nominated by the Election
Commission on application made to it in this behalf.
Explanation.—In this notification,—
(1) the expression "the Returning Officer concerned" means—
(a) where a person has been nominated as a candidate for election to fill a seat in
the House of the People from a Parliamentary Constituency or a seat in the
Legislative Assembly of a State from an Assembly Constituency, or a seat in the
Legislative Council of a state from a Council Constituency the Returning Officer
for that Constituency;
(b) where a person has been nominated as a candidate for election to fill a seat in
the Council of States by the elected members of the Legislative Assembly of a
State, the Returning Officer for that election;
(c) where a person has been nominated as a candidate for election to fill a seat in
the Legislative Council of a State by the members of the Legislative Assembly
of that State, the Returning Officer for that election;
(1A) the expression "district judge" and "judicial service" shall have the meanings
respectively assigned to them in article 236 of the Constitution of India.

221
 (2) the expressions "Parliamentary Constituency", "Assembly Constituency" and
"Council Constituency" shall have the meanings respectively assigned to them in the
Representation of the People Act, 1950 (43 of 1950).

222
 ANNEXURE V-E

OFFICE OF THE RETURNING

OFFICER
Election to the Council of States/Legislative Council of..........by Members of the
Legislative Assembly of. .........from........................ Council Constituency.

Memo No...................... Dated ...................

To
......................... (Name of the Candidate).

This is to inform you that you have not made and subscribed oath or affirmation as
required by Article 84(a)/ Article 173(a) of the Constitution. This may be done either
before me or any of the persons authorised by the Election Commission in this behalf on
any day before the date appointed for of nominations.

Signature
Dated.................... Returning Officer

Received Memo. No............................ dated ...................from the Returning Office for

Election to the Council of State/Legislative Council of............................by Members of the
Legislative Assembly of... .............................. from.............................Council Constituency.

Place ................. Signature of candidate

Dated ............... or Proposer

223
 ANNEXURE V-F

FORM 'AA'
COMMUNICATION WITH REGARD TO
AUTHORISED PERSONS TO INTIMATE
NAME OF CANDIDATES SET UP BY THE
POLITICAL PARTY
FOR USE AT ELECTIONS TO COUNCIL OF
STATES AND LEGISLATIVE COUNCIL
To
1. The Chief Electoral Officer,
.......................(State/Union Territory).
*2. The Returning Officer for the biennial/bye-election to the Council of
States/Legislative Council by Assembly members……………...........
OR
*The Returning Officer for the biennial/bye-election from
...........................(Constituency).""

Subject :Biennial/Bye-election to Council of States/ Legislative Council from................

(State/ Union Territory-Authorization of person(s) to intimate name(s) of
candidate(s).
Sir,
I hereby communicate that the following Person has/have been authorised by
....................... .............. Party, which is a National Party/State Party/Registered Unrecognized
Party in the State of.........................to intimate the name(s) of the candidate(s) proposed to
be set up by the Party at the election cited above :-

Name of person Name of Office held in the Constituencies in respect

authorised to send notice party of which he has been
authorised
1 2 3
1.
2.
3.

2. The specimen signature of the above mentioned person(s) so authorised are given
below :
1. Specimen signatures of Shri...................
(i).....................(ii)................ (iii) ...........
2. Specimen signatures of Shri...................
(i).....................(ii)................ (iii) ...........
3. Specimen signatures of Shri...................
(i)..................... (ii).................(iii)...........

224
 Yours faithfully
Place........................ (name in Capital letters)
Date ......................... President/Secretary
Name of the Party
(Seal of the Party)
* Strike out whichever is not applicable.
**Mention name of Graduates’/Teachers’/Local- Authorities' Constituency, as the case
may be.
N.B.-This must be delivered to the Returning Officer and Chief Electoral Officer not later
than 3.00 p.m. on the last date for withdrawal of candidatures.

225
 ANNEXURE V-G

FORM 'BB'
NOTICE AS TO NAMES OF CANDIDATES
SET UP BY THE POLITICAL PARTY FOR
USE AT ELECTIONS TO COUNCIL OF
STATES AND LEGISLATIVE COUNCIL
To
1. The Chief Electoral Officer,
....................... (State/Union Territory).
*2.The Returning Officer for the biennial/bye-election to the Council of
States/Legislative Council by Members of Legislative Assembly .........
OR
*The Returning Officer for the biennial/bye-election from...........................
(Constituency).""from the State of..........

Subject : Election to Council of States/Legislative Council from.................... (State/Union

Territory)—Setting up of candidates.

Sir,
I hereby give notice that the following person(s) has/have been set up by ...............
Party (which is a National Party/State Party/Registered Un-recognized Party; as its
candidate(s) at the ensuing Biennial/Bye-election to the Council of States/State
Legislative Council as mentioned below :-
Name of Name of Fathers Postal Name of Father’s Postal
Constituency** approve Husband' address the Husband’ address
* d s of substitute s name of of
candidat name of approval candidate substitute substitut
e approved candidat (who will candidate e
candidate e step-in in candidat
the event e
of
approved
candidate’
s
nominatio
n being
rejected or
scrutiny or
his
withdrawa
l from the
contest)
1. 2. 3. 4. 5. 6. 7.
1.
2.
3.
4.
etc.

Yours faithfully
Place........... Name (in block letters)
226
Date........... and Signature of the authorised
Person of the Party
(Name of the Party)

(Seal of the Party)

* Strike out whichever is not applicable.
** Mention names of Graduates’/Teachers’/Local Authorities' Constituency, as the
case may be.
*** Under this column mention name of the Constituency, as 1. By Assembly Member,
2.Graduates’ Constituency, 3.Teachers’ Constituency, 4. Local Authorities'
Constituency, as the case may be.
$ If more than one candidate is to be elected from the Constituency.
N.B.—This must be delivered to the Returning Officer and Chief Electoral Officer not
later than 3.00 p.m. on the last date for withdrawal of candidatures.

227
 ANNEXURE VI-A

List of contesting Candidates

New Delhi, dated the 30th May, 1967
Jyaistha 9, 1889 (Saka)
S.O.No. 39/67.-In pursuance of sub-rules (1) and (5) of rule 10 of the Conduct of
Election Rules, 1961, the Election Commission hereby directs that at any election to a
Legislative Council, the list of contesting candidates in Form 7B shall, in a State specified
in column 1 of the Table below, be prepared in the language or languages specified
against that State in column 2 thereof, and where the list is prepared in more than one
language the names of candidates shall be arranged alphabetically according to the
script of the language first specified in the said column.
TABLE
Name of State Languages or Languages
1 2
Bihar Hindi
Maharashtra Marathi and English
Karnataka Kannada and English
Uttar Pradesh Hindi
The Commission's direction contained in S.O. No. 38/67, dated the 20th May, 1967
is hereby superseded.

228
 ANNEXURE VI-B

List of contesting Candidates

S.O. No. 2/78 (dt. 24.2.78).-In pursuance of subrules (1) and (3) of rule 10 of the Conduct
of Election Rules, 1961, and in super session of its S.O. No. 19/67, dated 30th May, 1967,
as subsequently amended, the Election Commission hereby directs that, at any election
to the Council of States the list of contesting candidates in Form 7B shall, in a
State/Union Territory specified in column 1 of the Table below, be prepared in the
language specified against that State/Union territory in column 2 thereof, and where list
is to be prepared in more than one language, the names of candidates shall be arranged
alphabetically according to the script of the language specified in the said column :-
TABLE
Name of State/ Language
Union territory
1 2
Andhra Pradesh Telugu and English
Assam Assamese and English
Bihar Hindi and English
Gujarat Gujarati and English
Haryana Hindi and English
Himachal Pradesh Hindi and English
Jammu and Kashmir Urdu and English
Karnataka Kannada and English
Kerala Malayalam and English
Madhya Pradesh Hindi and English
Maharashtra Marathi and English
Manipur Manipuri and English
Meghalaya English
Nagaland English
Odisha Oriya and English
Punjab Punjabi and English
Rajasthan Hindi and English
Sikkim English, Nepali and Tibetan
Tamil Nadu Tamil and English
Tripura Bengali and English
Uttar Pradesh Hindi and English
West Bengal Bengali and English
Arunachal Pradesh English
Delhi Hindi and English
Pondicherry Tamil and English
Mizoram English
Goa Konkani in Devnagri Script
Marathi and English

229
 ANNEXURE VII-A

ELECTION COMMISSION OF INDIA

New Delhi, dated........................... 19
NOTIFICATION
No.—In pursuance of sub-rule (2) of rule 11 of the Conduct of Election Rules, 1961,
the following is published for general information :

FORM 7B
List of Contesting Candidates
[See rule 10 (1)]
Election to the @............................................
SI.No. Name of candidate Address of Party
Candidate Affiliation

1 2 3 4
1.
2.
3.
4.
Etc.
Place......... Returning Officer
Date .......... Secretary
Election Commission of India
* Indicate name in capitals.
** Indicate designation in capitals.
@ Here insert one of the alternatives as may be appropriate—
(1) Council of States by the Elected Members of the Legislative Assembly of.
........................(State).
(2) Council of States by the Members of the electoral college .......................(Union
Territory).

230
 FORM 7B
List of Contesting Candidates
[See rule 10 (1)]
Election to the @..............................................
SI.No. Name of candidate Address of Party Affiliation
Candidate
1 2 3 4

1.
2.
3.
4.
etc.

Place .......
Returning Officer *
Date........ Chief Electoral Officer**
* Indicate name in capitals.
** Indicate designation in capitals.
@ Here insert one of the alternatives as may be appropriate—
(1) Legislative Council of........................(State) by the Members of the Legislative Assembly.
(2) Legislative Council of................................ (State) from the .....................Constituency.

231
 ANNEXURE VII-B

NOTICE TO CONTESTING,
CANDIDATES REGARDING PENAL
PROVISIONS IN THE
ELECTION LAW
Please take note that following are the provisions relating to the corrupt practices
and electoral offences in the Representation of the People Act, 1951, and the offences
relating to elections in Chapter IX-A of the Indian Penal Code. The list enumerated below
is not to be taken as exhaustive. You are advised to study also relevant provisions in the
law. The proof of the Commission of these corrupt practices and electoral offences may
entail as per law the election being declared void and/or also award of punishments as
laid down in the law.

(I) REPRESENTATION OF THE PEOPLE ACT, 1951

A. Corrupt Practices

1. Section 123.—(i) Bribery, (ii) undue influence, (iii) appeal on the ground of
religion, race, caste, community or language or the use of, or appeal to religious or
national symbols, (iv) promotion of feelings of enmity or hatred between different
classes of citizens on grounds of religion, race, caste, community or language, (v)
publication of false statement in relation to the personal character or conduct of a
candidate or his candidature, (vi) the hiring or procuring of vehicles or use of such
vehicle for the free conveyance of voters, (vii) the incurring or authorizing of election
expenses in excess of the prescribed limit, and (viii) the obtaining or procuring of
assistance from specified categories of Government servants, (ix) booth capturing.

B. Electoral Offences

2. Section 125.—Promoting enmity between different classes in connection with

election.
3. Section 126.—Prohibition of public meetings during the prohibited period.
4. Section 127.—Disturbance at election meetings.
5. Section 127-A.—Restrictions on the printing of pamphlet, posters, etc.
6. Section 128.—Maintenance of secrecy of votes.
7. Section 130.—Prohibition of canvassing in or near polling stations.
8. Section 131.—Disorderly conduct in or near
polling stations.
9. Section 132.—Misconduct at polling station.
10. Section 133.—Illegal hiring or procuring of conveyances at elections.
11. Section 135.—Removal of ballot paper from polling stations.
12. Section 135-A.—Booth capturing.
13. Section 136.—Fraudulent or unauthorized destruction of election papers,
documents, ballot papers, ballot boxes, etc.

(II) INDIAN PENAL CODE

14. Section 171-B.—Bribery.

15. Section 171-C.—Undue influence at elections.
16. Section 171-D.—Personation at elections.
17. Section 171-G—False statement in connection with an election.
18. Section 171-11.—Illegal payments in connection with an election.
232
19. Section 171-1.—Failure to keep election accounts.

233
 ANNEXURE VII-C

COMMISSION'S NOTE FOR THE GUIDANCE OF PRINTING AND PUBLISHING OF

ELECTION PAMPHLETS AND POSTERS
The attention of all political parties, contesting candidates and owners of printing
presses is invited to the section 127-A of the Representation of the People Act, 1951, and
the restrictions it imposes on the printing and publishing of election pamphlets and
posters.
This section first lays down that every election pamphlet, hand-bill, placard or
poster which is printed or multi graphed by any process (except copying by hand) must
bear on the front the name and address of the printer and the name and address of the
publisher.
The printer of any such document must obtain from the intending publisher a
declaration (in duplicate) as to his identity signed by him and attested by two persons to
whom he is personally known.
As soon as the document is printed, the printer must send one copy of the
declaration and one copy of the document to the Chief Electoral Officer, if the document
is printed at the capital of the State and to the District Magistrate of the District in which
it is printed in any other case.
Contravention of any of the provisions of the section is made punishable with
imprisonment up to six months or fine up to two thousand rupees or with both.
These restrictions, however do not apply to any hand-bill, placard or poster
merely announcing the date, time, place and other particulars of an election meeting or
routine instructions to election agents or workers.
In order that there is a strict observance of, and compliance with the requirements
of the above mentioned provisions of law on the subject the Commission has issued the
following directives:
(I) The District Magistrates and other concerned authorities shall be instructed
that they should write to
all printing press in their Districts—
(i) pointing out to them the requirements of the abovementioned section 127-A
and instructing them to indicate clearly in print line the names and addresses
of printer and publisher;
(ii) asking them to send four copies of the printed material and the declarations
of the publisher within ten days of its printing, the failure of which would be
treated as a violation of the above provisions;
(iii) impressing upon them in clear terms that any violation of the provisions of
section 127-A would be very seriously viewed and stern action, which may
inappropriatecases include even the revocation of the license under the
relevant law, would be taken.
(2) The printer shall be asked to furnish along with the declaration and a copy of
the printed material, the particulars regarding number of copies of the pamphlets, etc.
printed and the price charged for such job etc., in the Proforma prescribed by the
Commission, duly signed and authenticated by such printer.
(3) The District Magistrates shall exhibit at some conspicuous place in their office,
all the election posters, pamphlets, etc. received by them from the printing press so that
the candidates and other interested persons may be able to check in respect of which
documents the requirements of law have been complied with, so as to enable them to
bring to the notice of the authorities concerned the cases of other election posters,
pamphlets, etc., in respect of which the above requirements of law have been violated.
The Chief Electoral Officers shall also do likewise in respect of such documents
received by them.

234
 (4) One copy of such printed matter shall also be sent to the Commission by the
District Magistrate, or as the case may be, the Chief Electoral Officer.
(5) The District Magistrates and other authorities charged with the detection and
investigation of offences shall be instructed that they should initiate prompt action and
investigation if any case of publication of election poster, pamphlet, etc. in violation of
the abovementioned provisions of section 127-A either comes, or is brought to their
notice. In all such cases, prosecutions should be launched against the offenders
expeditiously.

235
 ANNEXURE VII-D

PROFORMA FOR SUBMISSION OF

INFORMATION REGARDING PRINTING OF
ELECTION POSTERS, PAMPHLETS, ETC.

1. Name and address of .........................................

Printer : .........................................

2. Name and address of publisher: .........................................

3. Date of the printing order of the .........................................

publisher: .........................................

4. Date of the declaration of the .........................................

publisher : .........................................

5. Brief particulars of election posters ….....................................

Pamphlets etc.: ...………………………..

6. No. of copies printed of the above ….....................................

document : ….....................................

7. Printing charges (including cost ...………………………..

of paper) being charged from the ….………………………
the publisher in respect of the ………….………………
above document : .…………………………

Place......................
Date ....................... (Signature of Printer)
Seal of the Printer

236
 Annexure-IX-A
SAMPLE BALLOT PAPER FOR COUNCIL CONSTITUENCY (FRONT VIEW)
15 CM

SPACE FOR STITCHING

 PARTICULARS OF THE ELECTION

Serial Number of Elector ………………………………………………………….
5 mm
(.5 cm)

Signature /Thumb impression of elector

---------------------------------------------------------------------------------------------------------
------------------
2 cm 8 cm 2 cm 3 cm
Photograph
Serial no. Mark order of 5 mm
Name of the Candidate with party of the
of preference (.5 cm)
affiliation, if any candidate
candidate
आन संह
पाट का नाम
AAN SINGH
PARTY NAME
िदनेश शमा
पाट का नाम
DINESH SHARMA
PARTY NAME
ह रसं ह 20 cm
नदलीय
HARI SINGH
INDEPENDENT
जयवीर
नदलीय
JAIVIR
INDEPENDENT

इनम से कोई नहीं

NONE OF THE ABOVE (NOTA)

SAMPLE BALLOT PAPER FOR ELECTIONS BY MEMBERS OF LEGISLATIVE

ASSEMBLY(BACK VIEW)

237
 SPACE FOR STITCHING


Serial Number of Ballot Paper ………………………………………………………

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

PARTICULARS OF THE ELECTION

Serial Number of Ballot Paper………………………………………………….

238
 Annexure-IX-B
SAMPLE BALLOT PAPER FOR COUNCIL CONSTITUENCY (FRONT VIEW)
15 CM

SPACE FOR STITCHING

5 mm(.5 cm)
 PARTICULARS OF THE ELECTION
Electoral Roll Part No ……………………………………………………………….
Serial Number of Elector ………………………………………………………….

Signature /Thumb impression of elector

---------------------------------------------------------------------------------------------------------
------------------
2 cm 8 cm 2 cm 3 cm
Photograp
Serial no. Mark order of
Name of the Candidate with party affiliation, h of the
of preference
5 mm(.5 cm) if any candidate
candidate
आन संह
पाट का नाम
AAN SINGH
PARTY NAME

िदनेश शमा
पाट का नाम
DINESH SHARMA
PARTY NAME

ह रसं ह
नदलीय
HARI SINGH
20 cm INDEPENDENT

जयवीर
नदलीय
JAIVIR
INDEPENDENT

इनम से कोई नहीं

NONE OF THE ABOVE (NOTA)

239
 SAMPLE BALLOT PAPER FOR COUNCIL CONSTITUENCY (BACK VIEW)

SPACE FOR STITCHING


Serial Number of Ballot Paper ………………………………………………………

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

PARTICULARS OF THE ELECTION

Serial Number of Ballot Paper………………………………………………….

240
 Annexure-IX-C

Declaration by candidate/election agent/proposer while submitting the

photograph of the candidate

Subject- Election to………………………………….. (mention the name of the House)

from…………………………..(name of the constituency)/election to Council of
States/Legislative Council by Assembly Members.

I
……………………………………………………………………………………………………………………………
(name and address), son/daughter/wife of Sh…………………………………………….., nominated
as candidate hereby submit the photograph for the purpose of printing the same on the
ballot paper. I declare that the photograph has been taken during the last 3 months
before the date of notification of election.
(fill up this part when the candidate himself is submitting the photograph).
I
……………………………………………………………………………………………………………………………
(name), election agent/proposer of Sh………………………………………………………… (name and
address of the candidate), son/daughter/wife of Sh…………………………………………….., a
candidate for the abovementioned election, hereby submit the photograph of the said
candidate for the purpose of printing the same on the ballot paper. I declare that the
photograph has been taken during the last 3 months before the date of notification of
election.
(fill up this part when the election agent/proposer is submitting the photograph).

Date:………………………………
Name:…………………………………………..
Address:……………………………………….
Tel No. …………………………………………

241
 Annexure-IX-C

DIRECTION
No. 576/3/2015/SDR Dated 21st May, 2015
Whereas, under Rules 22, 30 and 49B read with Rule 70 of the Conduct of Elections
Rules, 1961, the ballot paper to be displayed on the balloting unit of the EVM, ordinary
ballot papers, and postal ballot papers shall contain such particulars as the Election
Commission may specify; and
1. Whereas, in terms of abovementioned Rules, the Commission has specified the
particulars to be printed on the ballot paper to be displayed on the balloting unit
and the postal ballot paper, and on ballot papers for elections from Council
Constituencies and at elections by Assembly members; and
2. Whereas, the Commission has noted that there are many cases where candidates
with same or similar names contest from the same constituency, and although
appropriate suffixes are added to the names of candidates in the event of two or
more candidates having same name, the Commission considers that additional
measures are required for removing confusion in the minds of electors at the
time of voting, and further, the Commission considers that photographs of
candidates on ballot paper will facilitate the electors in casting their votes and
also the candidates in their campaign;
3. Now, therefore, after having considered all aspects of the matter, the Commission
in partial modified of its existing directions under Rule 22, Rule 30 and Rule 49B
of the Conduct of Elections Rules, 1961, hereby specifies that for elections to be
held from 1st May, 2015 onwards, the postal ballot papers, the ordinary ballot
papers and the ballot papers to be displayed on the balloting unit of EVMs shall,
in addition to the particulars as per the existing directions, also contain the
photograph of the candidate. The photograph of the candidate shall be printed in
the panel for the name of the candidate and shall appear on the right side of the
name in between the name and symbol of the candidate or the column for
marking vote/preference, as the case may be. The specifications of the
photograph are as follows:-
(i) Candidates are required to submit their recent photograph (taken during the
preceding period of 3 months before the date of notification).
(ii) Photograph should be of stamp size 2 cm. X 2.5 cm. (two cm. in breadth and 2.5
cm. in height) in white/off white background, with full face view directly
facing the camera, neutral facial expression with eyes open. The photo may be
in colour or black and white as may be convenient for the candidate.
(iii) Photograph should be in normal clothing. Photograph in uniform is not
permitted. Caps/hats should be avoided. Dark glasses also to be avoided.
4. The above direction shall apply in relation to all elections to the House of the
People, Council of States, Legislative Assembly and Legislative Council to be held
hereafter.
By Order
Secretary
(AnujJaipuriar)

242
 Annexure-IX-D
Sample-1

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A 5
XXX Party
2. Candidate B 1
YYY Party
3. Candidate C 3
ZZZ Party
4. Candidate D 4
Independent
5. Candidate E
Independent
6. None of the Above 2

In this case, vote will be valid for the first preference (i.e. for candidate no. 2 and treated as
exhausted as regards second preference onwards as 2nd preference is marked for NOTA).

Sample-2

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A 3
XXX Party
2. Candidate B
YYY Party
3. Candidate C 1
ZZZ Party
4. Candidate D 5
Independent
5. Candidate E 2
Independent
6. None of the Above 4

In this case, vote will be valid for the first three preferences as preferences 1,2 and 3 have
been validly marked and treated as exhausted as regards fourth preference onwards.
Sample-3

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A 3
XXX Party
2. Candidate B 1
YYY Party
3. Candidate C 2
ZZZ Party
4. Candidate D 5
Independent
5. Candidate E 4
Independent
6. None of the Above 6

243
In this case, vote will be valid for all the five preferences as preferences have been validly
marked against the candidates.

Sample-4

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A
XXX Party
2. Candidate B
YYY Party
3. Candidate C
ZZZ Party
4. Candidate D 1
Independent
5. Candidate E
Independent
6. None of the Above 1

In this case, vote will be invalid as 1st preference is marked both for a candidate and NOTA .

Sample-5

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A
XXX Party
2. Candidate B
YYY Party
3. Candidate C
ZZZ Party
4. Candidate D
Independent
5. Candidate E
Independent
6. None of the Above 1

In this case, vote will be invalid as 1st preference is marked for NOTA .
Sample-6

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A 3
XXX Party
2. Candidate B 4
YYY Party
3. Candidate C 5
ZZZ Party
4. Candidate D 2
Independent
5. Candidate E 6
Independent
6. None of the Above 1

244
In this case, vote will be invalid as 1st preference is marked against NOTA.

Sample-7

Sl. No. Name of Candidate and Party Photo of candidate Column for marking
affiliation preference
1. Candidate A 1
XXX Party
2. Candidate B 4
YYY Party
3. Candidate C 5
ZZZ Party
4. Candidate D 3
Independent
5. Candidate E 2
Independent
6. None of the Above X

In this case, vote will be valid for all preferences as the preferences have been validly marked
against the candidates.

245
 ANNEXURE-(X-A)
ELECTION COMMISSION OF INDIA
NirvachanSadan, Ashoka Road, New Delhi-110001

No. 76/Instructions/2015/EEPS/Vol-IV Dated: 29th June, 2015

To
1. The Director General of Investigation (Inv.), AayakarBhawan,
BasheerBagh, L. B. Stadium Road,
Hyderabad-500004
2. The Director General of Investigation (Inv.), Central Revenue Building,
3rd Floor, Birchand Patel Marg,
Patna-800001, Bihar
3. The Director General of Income Tax (Inv.), C R Building,
1st Floor, Sector-17E, Chandigarh
4. The Director General of Income Tax (Inv.), Bangalore,
C R Building, 3rd Floor, Queens Road,
PB 5005, Bangalore-560001, Karnataka
5. The Director General of Income Tax (Inv.), AayakarBhawan,
12, Sadhu Vaswani Road, Pune-411001,
Maharashtra
6. The Director General of Income Tax (Inv.), 3rd Floor,
Scindia House, Ballard Estate,
Mumbai-400038
7. The Director General of Income Tax (Inv.), North,
AayakarBhawan, Annexe 5, Ashok Marg,
Lucknow-226001, Uttar Pradesh

Subject: Biennial elections/bye-elections to State Legislative Councils– Monitoring of

election expenses- regarding
Sir/Madam,
I am directed to state that instances of distribution of money to electors in
biennial elections to Legislative Councils of States have been reported to the
Commission in the recent past. This vitiates the conduct of free and fair election.
I am further directed to request you to open a Complaint Cell with toll free
number, whenever, the Commission announces biennial elections/bye-elections to
Legislative Council of States under your jurisdiction and to monitor closely all the
airports, major railway stations, hotels, farm houses, hawala agents, financial brokers,
cash couriers, pawn brokers and other suspicious agents/ persons likely to be used for
movement of Money during the election process. You are also requested to requisition
the services of the officers under your supervision for keeping strict vigil over excessive
cash withdrawal, transport of cash, distribution of cash, etc., and report to the
Commission with copy to the CEO concerned.
2. Kindly acknowledge the receipt of these instructions referred to above.
Yours faithfully,

(S. K. Rudola)
SECRETARY
1.Copy forwarded to the CEOs of Andhra Pradesh, Bihar, Jammu & Kashmir, Karnataka,
Maharashtra, Uttar Pradesh, Telengana for information and necessary action.
2. Code of Conduct and Biennial Elections Section/US(MG)
(S. K. Rudola)
246
 SECRETARY
ANNEXURE-(X-B)
Daily Activity ReportbyFlyingSquad on seizureofCash/ Otheritemsrelated
Complaintson the date…………..
ReferenceNo.………
Nameof theSub-Division………….. Name and Designation of the
Magistrate………………..
State……………… Name ofthe
PoliceOfficer……………………………
1 2 3 4 5 6 7 8 9 1
S.No. Nameof Natur Nameof Cash Cash/ FIRs Nameof Nameand 0
Remark
constitue eof the / Other filed candida designation s
ncy/ the person Othe Items te or of (Ifany)
district compl against r Seized party theauthorit
aint/ whom Item byOther with yto
inform complaint s Police which whomseize
ation received seize authorit links d
d y found cash/itemsi
byFS s
1 handedove
r
2
3
Descriptio Figureondateof report Progressiv
n e figure
includingth
e date of
1 Totalamountof report
cash/OtherItemsseized by
2 FlyingSquad
Totalamountof
cash/OtherItemsseized by
3 Totalofnumberof
OtherPoliceauthority
complaintsof cash/
4 Totalofnumberof
OtherItems,received
complaints,verified
(a) Within half an hour of receipt
(b) Beyond half an hour of
receipt0
5 Totalofnumberof
6 complaints,pending
Totalnumberof
FIRsfileduptotheend of the day

Signature
Name & Designation of the Officer in Charge of
Flying Squad/Nodal Officer of State Police HQ
Note:
1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad
in this format to the DEO with copy to RO, SP, General Observer and Expenditure
Observer.
2. The SP will send the report to the Nodal Officer in State Headquarter after compiling
the date for the entire district.
3. The Nodal Officer of State Police HQ will compile the data for the whole state and
send the report to Commission with copy to CEO of the State.

247
 ANNEXURE-(X-C)

Daily Activity ReportbyFlyingSquad onMCCrelated

Complaintsonthedate…………..
ReferenceNo.………

Nameof theSub-Division…………..
NameandDesignationof theMagistrate…………………

State……………… Nameof thePolice

Officer………………………

1 2 3 4 5 6
S.No. Nameof Nam Part Complain Pa Brie ActionTak
constituenc eof y t rty f en
y/ Compla Affiliati against Affiliat Descriptio Repo
inant on, (Name) ion, nof rt/Se
district ifany ifany MCCviolati izure
on issue ( if
1
any)
2
3

Signature
Name&DesignationoftheOfficerinCha
rgeof
Not FlyingSquad/NodalOfficerofStatePoli
e: ceHQ

1. TheOfficer incharge
oftheFlyingSquadwillsubmitthereportforeachFlyingSquadinthisformattotheSP with
copytoRO,DEO, SP, GeneralObserverandExpenditureObserver.

2.
TheSPwillsendthereporttotheNodalOfficerinStateHeadquarteraftercompi
lingthedatafortheentire district.

3.
TheNodalOfficerofStatePoliceHQwillcompilethedataforthewholestateandsendther
eport to Commissionwith copytoCEOoftheState.

248
 ANNEXURE-(X-D)
DailyActivityReportby StaticSurveillanceTeams on
seizureofCash/Otheritemsrelated
Complaintson thedate…………..
PlaceofCheckPost…………………………
NameandDesignationoftheMagistrate…
………………… District…………………............State…………
NameandDesignationofthePoliceOffice
r……………

1 2 3 4 5 6 7 8

S.No. Number&na Nameand Cash/ FIR Nameof Name&design Remarks

meof Addressof Other Items filed candidateor ation
Constituency Persons partyhaving ofAuthority
/ district searchedat links towhom
theCheckPost cash,goods
seizedgoods
arehanded
overafter
1 seizure

Description Figureon Progres

date of sivefigu
report re
includin
g
A. Totalamountof cashSeizedbySST thedate

B. Totalamountof OtheritemsseizedbySST

C. No.of FIRs lodged

Signature
Name&DesignationoftheOfficerinChargeof
StaticSurveillanceTeam/NodalOfficerofStatePoliceHQ
Note:
1.
TheOfficerinchargeoftheSSTwillsubmitthereportforeachStaticSurveillanceTea
minthisformattothe DEOwith copyto RO, SP,General Observer and Expenditure
Observer and Police Observer.
2. The SP willsendthe reporttothe Nodal Officer inState Headquarter after
compiling thedatafor theentiredistrict.
3.
TheNodalOfficerofStatePoliceHQwillcompilethedataforthewholestateandsen
dthereporttoCommissionwith copyto CEO of the State/UT
 ANNEXURE XI(i)-A

DUTIES OF POLLING OFFICERS AT A

SINGLE ELECTION TO THE COUNCIL OF
STATES/STATE LEGISLATIVE COUNCIL BY
MEMBERS OF LEGISLATIVE ASSEMBLY

(When polling party consists of one Presiding Officer and two Polling Officers)

First Polling Officer

The first Polling Officer will be in charge of the marked copy of the electoral roll
(i.e. the list of electors) and responsible for the identification of electors. The voters at
this election will normally be known to the Presiding Officer and the Polling Officers
and there will not be any difficulty in their identification. A voter may, however, come
with an unofficial identity slip which he hasreceived from a candidate. The slip should
be on plain white paper and may contain the name of the elector, his serial number in
the electoral roll and the number of the electoral part. The slip should not contain the
name of the candidate and/or the name of his party. If the voter does not have any such
identity slip, the Polling Officer will himself ascertain his name, etc., and will then locate
his name from the electoral roll kept by him. The elector should not be compelled to
bring an identity slip, nor should he be turned away solely because he has not brought
such a slip. The Polling Officer should not treat the identity slip brought by an elector as
a conclusive proof of his identity.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the page number,
the part number, the serial number and the name of the elector to the hearing of the
polling agents. The identity slip, if any, brought by the elector should then be torn into
pieces and put in the waste paper basket supplied. Such torn slips should not be thrown
on the floor. If there is no challenge as regards the identity of the voters, the Polling
Officer will underline in every case the entry relating to the elector in the marked copy
of the electoral roll with him and, where the elector is a female, put a (√) mark also on
the left-hand side of the name of the female elector.
The first Polling Officer will also be in charge of the bundles of ballot papers. He
will record on the counterfoil of the ballot paper the electoral roll part number and the
serial number of the elector, as entered in the marked copy of the electoral roll.
He will then obtain the signature/thumb impression of the voter on the
counterfoil of ballot paper. For the purpose of obtaining the thumb impression the
stamp pad of purple colour supplied to your polling station should be used and for
obtaining signature the copying pencil/ball-points pen should be used. For the use of
voters whose thumb impression has been taken on the counterfoil of the ballot paper, a
wet piece of cloth may be kept on the table of this Polling Officer for removing the ink.
The ballot paper will then be detached from the counterfoil with the help of a flat metal
rule having a sharp edge on the lengthwise- side. It will thereafter be delivered to the
voter and he will be directed to the second Polling Officer sitting near the voting
compartment. No ballot paper should be delivered to an elector unless he has put his
signature or thumb impression on the counterfoil of the ballot paper. It is not necessary
to have the thumb impression of the elector on the counterfoil attested by the Presiding
Officer or a Polling Officer or by any other officer.
Second Polling Officer
 The second Polling Officer will be in charge of the articles to be supplied to the
elector for marking the ballot paper. He will take the ballot paper from the elector and
fold it twice, first vertically and then horizontally, in such a way that the distinguishing
mark is clearly visible at the top right hand corner on the back of the ballot paper. He
will then unfold the ballot paper and hand it over to the elector. He will also give to the
voter marking article and if specifically requested by the voter, instruct him by making
a mark with it on a piece of plain paper. The voter will then be asked to proceed to a
voting compartment. After recording his vote, the elector will refold the ballot paper
along the lines on which it was folded before it was issued to him, come out of the
voting compartment and insert the ballot paper into the ballot box kept in front of the
Polling Officer.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector inserts anything other than the genuine ballot paper into the ballot box. For this
purpose, he may require any elector to show the distinguishing mark and the Presiding
Officer's signature on the back of the ballot paper before its insertion into the ballot box.
 ANNEXURE XI(i)-B

DUTIES OF POLLING OFFICERS AT

A SINGLE ELECTION TO THE
COUNCIL OF STATES/STATE
LEGISLATIVE COUNCIL BY
MEMBERS OF LEGISLATIVE ASSEMBLY

(When polling party consists of one Presiding Officer and three Poling Officers)

First Polling Officer

The first Polling Officer will be in charge of the marked copy of the electoral roll
(i.e. the list of electors) and responsible for the identification of electors. The voters at
this election will normally be known to the Presiding Officer and the Polling Officers
and there will not be any difficulty in their identification. A voter may, however, come
with an unofficial identity slip which he has received from a candidate. The slip should
be on plain white paper and may contain the name of the elector, his serial number in
the electoral roll and the number of the electoral roll part. The slip should not contain
the name of the candidate and/or the name of his party. If the voter does not have any
such identity slip, the Polling Officer will himself ascertain his name, house number, etc.,
and will then locate his name from the electoral roll kept by him. The elector should not
be compelled to bring an identity slip, nor should he be turned away solely because he
has not brought such a slip.
Afterlocating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the page number,
the part number, the serial number and the name of the elector to the hearing of the
polling agents. The identity slip, if any, brought by the elector should then be torn and
destroyed. If there is no challenge as regards the identity of the voter, the Polling Officer
will underline in every case the entry relating to the elector in the marked copy of the
electoral roll with him and where the elector is a female, put a (√) mark also on the left
hand side of the name of the female elector.
The voter will thenmove to the second Polling Officer.
Second Polling Officer
The second Polling Officer will be in charge of the bundles of ballot papers. As the
first Polling Officer reads aloud the part number and serial number of the elector, the
second Polling Officer will record on the counterfoil of the ballot paper the electoral roll
part number and the serial number of the elector as entered in the marked copy of the
electoral roll.
The Polling Officer will then obtain the signature/thumb impression of the voter
on the counterfoil of ballot paper. For the purpose of obtaining the thumb impression a
stamp pad of purple colour supplied to your polling station should be used and for
obtaining signature a copying pencil/ball-point pen should be used. For the use of
voters whose thumb impression has been taken on the counterfoil of the ballot paper, a
wet piece of cloth will be kept on the table of this Polling Officer for removing the ink
the ballot paper will then be detached from the counterfoil with the help of a flat metal
rule having a sharp edge on the lengthwise side. It will thereafter be delivered to the
voter and he will be directed to the third Polling Officer sitting near the voting
compartment. No ballot paper should be delivered to an elector unless he has put his
signature of thumb impression on the counterfoil of the ballot paper. It is not necessary
to have the thumb impression of the elector on the counterfoil attested by the Presiding
Officer or a Polling Officer or by any other officer.
Third Polling Officer
The third Polling Officer will be in charge of the article to be supplied to the
elector for marking the ballot paper. He will take the ballot paper from the elector and
fold it twice, first vertically and then horizontally, in such a way that the distinguishing
mark is clearly visible at the top right-hand corner on the back of the ballot paper. He
will then unfold the ballot paper and hand it overtothe elector. He will also give to the
voter the marking article and, if specifically requested by the voter, instruct him by
making mark with it on a piece of plain paper. The voter will then be asked to proceed
to voting compartment. After recording his vote, the voter will refold the ballot paper
along the lines on which it was folded before issue to him, come out of the voting
compartment and insert the ballot paper into the ballot box kept in front of the Polling
Officer.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector inserts anything other than the genuine ballot paper into the ballot box. For this
purpose, he may require any elector to show the distinguishing mark and the Presiding
Officer's signature on the back of the ballot paper before its insertion into the ballot box.
 ANNEXURE XI(i)-C

INSTRUCTIONS FOR RECORDING

OF VOTES AT ELECTIONS TO THE
COUNCIL OF STATES AND STATE
LEGISLATIVE COUNCILS

A. Method of Voting
1. For the purpose of voting, use only the violet sketch pen supplied by the
Returning Officer, which will be handed over to you along with the ballot
paper. Do not use any other pen, pencil, ballpoint pen or any other marking
instrument, as that will invalidate your ballot paper.
2. Vote by placing the figure “1” in the column marked 'order of preference'
provided opposite the name of the candidate whom you choose as your first
preference This figure “1” shall be placed opposite the name of only one
candidate.
3. Even if the number of candidates to be elected is more than one, the figure “1”
shall be put opposite the name of only onecandidate.
4. You have as many preferences as there are contesting candidates irrespective of
the number of candidates to be elected. For example, if there are five
contesting candidates and only two are to be elected, you can mark
preferences from 1 to 5 against the candidates of your choice in order of your
preference.
5. Indicate your further preferences for the remaining candidates by placing in
the column marked “Order of Preference” provided opposite the names of
such candidates the subsequent figures 2,3,4 etc., in the order of your
preference.
6. Make sure that you put only one figure opposite the name of any candidate and
also make sure that the same figure is not put opposite the names of more
than one candidate.
7. Preference shall be indicated in figures only, i.e. 1,2,3, etc., and shall not be
indicated in words, one, two, three, etc.
8. Figures may be marked in the international form of Indian numerals like 1,2,3,
etc., or in the Roman form I,II, III, etc., or in Devanagari form 1, 2, 3, or in the
form used in any Indian Language, recognized in the Eighth Schedule to the
Constitution.
9. Do not write your name or any words and do not put your signature or initials
on the ballot paper. Also, do not put your thumb impression. These will make
your ballot paper invalid.
10. It is not sufficient to put a mark '' or 'X' against the candidates of your choice
to indicate your preferences. Such ballot paper will be rejected. Indicate your
preferences only in figures 1,2,3, etc., as explained above.
11. To make your ballot paper valid, it is necessary that you should indicate your
first preference by placing figure “1” against one of the candidates. The other
preferences are optional, i.e., you may or may not indicate the second and
subsequent preferences.
B. Invalid Ballot Papers
A ballot paper shall be invalid on which-
1. the figure 1 is not marked;
2. the figure 1 is set up opposite the name of more than one candidate;
3. the figure 1 is so placed as to render it doubtful to which candidate it is
intended to apply;
4. the figure 1 and some other figure like 2, 3 etc., are also set opposite the name
of the same candidate;
5. the preferences are indicated in words instead of in figures;
6. there is any mark or writing by which the elector can be identified; and
7. there is any figure marked otherwise than with the violet sketch pen supplied
by the Returning Officer for the purpose of marking such figures.
 ANNEXURE XI(i)-D
COPY OF COMMISSION'S LETTER
N0.318/WB/68, DATED THE 12TH
FEBRUARY, 1968, ADDRESSED TO
THE CHIEF ELECTORAL OFFICERS
OF ALL STATES AND UNION
TERRITORIES

Subject: Biennial elections to the Council of States, 1968-List of Members of State

Legislative Assemblies and Electoral Colleges.

I am directed to enclose a copy of letter No. I.L.A7E., dated the 29th January, 1968
received from the Secretary, West Bengal Legislative Assembly, Calcutta, on the above
subject. The Commission made a reference to the Supreme Court in the matter referred
to therein. The Honorable Court has ordered that the Petitioner ShriSatyanarayanMitra
cannot be allowed to take part in the elections to the Council of States or the Legislative
Council of the State. A copy of the Supreme Court's letter No. D-5299/67-S.C.-III, dated
the 7th February, 1968, along with a copy of the Court's Order dated the 27th October,
1967 is sent herewith.
COPY OF LETTER NO. I.L.A7E., DATED THE 29TH JANUARY, 1968, FROM SHRI P. ROY,
SECRETARY TO THE WEST BENGAL LEGISLATIVE ASSEMBLY, CALCUTTA, TO THE
SECRETARY, ELECTION COMMISSION OF INDIA, NEW DELHI
Subject: Biennial elections to the Council of States, 1968-from West Bengal.
In connection with the ensuing election mentioned above, I am to inform you that
ShriSatyanarayanaMitra a member of the West Bengal Legislative Assembly from
Bankura Constituency, whose election was set aside by the Calcutta High court, has
been debarred by the Supreme Court from taking part in the proceedings of the
Assembly, and from voting and from drawing salaries etc. [vide orders of the Supreme
Court on Civil Miscellaneous Petition No. 2818 of 1967 in the matter of Civil Appeal No.
1408 (NCE) of 1967, a copy of which was forwarded to you by the Assistant Registrar,
Supreme Court in his letter No. D-5299/67-S.C.-III, date 30th October 1967] pending
the hearing of the appeal.
In view of the above and also in view of the fact that voting in the Assembly is
distinct from voting in any election elsewhere, although the power of voting in either is
derivable from his membership of the Assembly, I am to request you to let me know
whether his name should be included in the list of electors maintained under section
152 of the R.P. Act, 1951 and whether he should be eligible to vote in the ensuing
biennial elections to the Council of States in 1968 from this State.
 ANNEXURE XI(i)-D Contd.

COPY OF LETTER NO.D-5299/67-

S.C.III, DATED THE 7TH FEBRUARY,1968
FROM THE ASSISTANT REGISTRAR,
SUPREME COURT OF INDIA, ADDRESSED
TO THE SECRETARY, ELECTION
COMMISSION OF INDIA, NEW DELHI
Civil Appeal No. 1408 (NCE) of 1967

SatyanarayanMitra Appellant
Versus
BireswarGhose and other Respondents

With reference to your letter No. 318/WB/68/ 3742, dated the 2nd February,
1968, I am to say that the matter was placed before this Court today for directions when
the Court was pleased to pass the following Order:-
"The Court intended by its Stay Order dated the 27th October, 1967 that the
petitioner SatyanarayanMitra will only be permitted to attend the Legislative
Assembly in order that he may not lose his seat and that he will get no other
advantage by virtue of this order except the Railway Pass. Therefore, he cannot be
allowed to vote in the election to the Council of States or the Legislative Council of
the State."

IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION

Civil miscellaneous Petition No. 2818 of 1967
(Application for stay by notice of motion)
In the matter of:
Civil Appeal No. 1408 (NCE) of 1967
(Appeal under section 116-A of the Representation of the People Act, 1951 from
the Judgment and Order dated the 21st, 22nd August, 1967 of the Calcutta High Court in
Election Petition Case No. 1 of 1967.)
The application above mentioned being called on for hearing before this Court on
the 27 the October, 1967 uponhearing Mr. A.K. Sen, Counsel for the
Petitioner/Appellant and Mr. SomNathChatterjee, Counsel for Respondent No. 1. This
court doth order: (1) That the operation of the judgment and order dated 21st/22nd
August, 1967 of the Calcutta High Court in Election Petition Case No. 1 of 1967 be and is
hereby stayed pending the hearing and final disposal by this Court of the appeal above
mentioned but the Petitioner/Appellant herein shall attend the West Bengal Legislative
Assembly in order that he may not lose his seat and he shall take no part in its
proceedings and shall not vote and draw any salary or allowances subsequent to the
date of the Order of the High Court under Appeal in this Court; (2) that the parties
herein shall file list of documents to be included in the appeal record within fifteen days
of the receipt of the notice under rule 15(1) and (2) of Order XV, Supreme Court Rules,
1966; (3) That the Petitioner/Appellant herein shall file his statement of case within 30
days of the receipt of the notice of authentication of record and the Respondents herein
shall file their statement of a case within 15 days thereafter; (4) that the hearing of the
above appeal shall be expedited and date of hearing will be fixed as soon as possible
after the record is ready; (5) that the Registrar of the Calcutta High Court DO Forthwith
transmit to this Court the entire original record including all the ballot papers relating
to the above matter; AND THIS COURT DOTH FURTHER ORDER that this ORDER be
punctually observed and carried into execution by all concerned.
WITNESS the Honorable Mr. KailashNathwanchoo, chief Justice of India, at the
Supreme Court, New Delhi, this the 27th day of October, 1967.
M.P Saxena,
Deputy Registrar
 ANNEXURE XI(i)-E

PART I
Declaration by the Presiding Officer before the Commencement of the poll
Election to... ....................
Serial No. and Name of Polling Station..................
Date of Poll .......................
I hereby declare-
(1) that I have demonstrated to the polling agents and other persons present that
the ballot box to be used for the poll is empty;
*(2) that on the paper seal used for securing the ballot box I have affixed my own
signature and obtained thereon the signatures of such of the polling agents as
are present and desirous of affixing the same;
*[Inapplicable where paper seal is not used.]
(3) that I have demonstrated 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 marks other than those used for issuing postal ballot papers; and
(4) that I have allowed the polling agents to note the first and the last of the serial
numbers of the ballot papers which will be used at the polling station.
Signature (................................)
Presiding Officer
Signature of polling agents:
1 ....(of candidate ..........) 2 ........ (of candidate .....)
3.....(of candidate ..........) 4 ........ (of candidate .....)
5.....(of candidate ..........) 6 ........ (of candidate .....)
7 ....(of candidate ..........) 8 ........ (of candidate .....)
9.....(of candidate ..........)
The following polling agent/s declined to affix his/their signature/s on this declaration:
1 ....(of candidate..........) 2 ....... (of candidate..... )
3 ....(of candidate..........) 4 ....... (of candidate..... )

Signature (...............................).
Presiding Officer
Date ...................
 PART II
Declaration by the Presiding Officer at the time of use of subsequent Ballot Boxes)
Election to........................
Serial No. and Name of Polling Station ..................
Date of Poll ........................
I hereby declare-
(1) that I have demonstrated to the polling agents and other persons present that
the second/third ( ) ballot box to be used for the poll is empty; and
*(2) that on the paper seal used for securing the ballot box I have affixed my own
signature and obtained thereon the signatures of such of the polling agents
as are present and desirous of affixing the same;
*[Inapplicable where paper seal is not used.]

Signature( ............................... )
Presiding Officer
Signature of polling agents:
1 ....(of candidate.......... ) 2........(of candidate .... )
3.....(of candidate.......... ) 4........(of candidate .... )
5.....(of candidate.......... ) 6........(of candidate .... )
7.....(of candidate.......... ) 8........(of candidate .... )
9 ....(of candidate ......... )

The following polling agent/s declined to affix his/their signature/s on this declaration:
1 ....(of candidate ......... ) 2........ (of candidate ..... )
3.....(of candidate ......... ) 4........ (of candidate .....)
Signature(................................)
Presiding Officer
Date ..................
 PART III
Declaration at the end of the poll
I have furnished to the polling agents, who were present at the polling station at
the close of the poll and whose signatures are affixed below, an attested copy of each of
the entries in the ballot paper account in Form 16 as required under rule 45(2) of the
Conduct of Election Rules, 1961.
Signature (.........................)
Presiding Officer
Date......................
Received an attested copy of the entries made in the ballot paper account.
Signature of polling agents:
1.... (of candidate..........) 2 ....... (of candidate..... )
3.... (of candidate..........) 4 ....... (of candidate..... )
5.... (of candidate..........) 6 ....... (of candidate..... )
7.... (of candidate..........) 8 ....... (of candidate..... )
9.... (of candidate..........)
The following polling agent/who were present at the close of the poll declined to
receive an attested copy of the ballot paper account and to give a receipt therefore and
so an attested copy of the ballot paper account was not supplied to them:
1.....(of candidate..........) 2 ........(of candidate..... )
3.....(of candidate..........) 4........(of candidate..... )
5.....(of candidate..........) 6........(of candidate.......)
7.....(of candidate..........) 8........(of candidate.......)
9.....(of candidate..........)
Signature ( ........................ )
Presiding Officer
Date .....................
 ANNEXURE XI(i)-F(a)

Declaration by the Companion of Illiterate, Blind of Infirm Elector

Election to.........................
Serial No. and Name of Polling Station .................
I,............................son of..................................
aged ...........................................................resident
of*...........................................................................
hereby declare that-
(a) I have not acted as companion of any other elector at any polling station to-
day, the ............................
(b) I will keep secret the vote recorded by me on behalf of ...........................................

....................................
Signature of companion

* Full address to be given

$ Name, Part No. and Serial Number of elector.

ANNEXURE XI(i)-F(b)

DECLARATION BY ILLITERATE/BLIND OR OTHERWISE INFIRM ELECTOR

I, _____________________________ S/D/W/o _____________________________ R/o :

____________________________________________, do hereby solemnly affirm and declare that I am
unable to read the ballot paper or to record vote thereon in accordance with Rule 37A
of the Conduct of Elections Rule, 1961 by the reason of illiteracy/blindness/other
infirmity.

Signature/Left Hand Thumb Impression of elector__________________

Name of Elector_____________________
Part No. & Serial No. in the Electoral Rolls_____________________

Declaration given in my presence

Signature of Presiding Officer

 ANNEXURE XI(i)-G

FORM 16 (Sample Form)

[See rules 45, 56(7) and 56-A(7)]

Ballot Paper Account
Election to the Council of States by Members of U.P. Legislative Assembly.
No. and name of Polling Station (Place of Poll) -
VidhanSabha Library
Serial Nos. Total No.
From To
1. Ballot paper received 001 430 430
2. ballot papers unused (i.e. not
issued to voters)
(a) With this signature of 422 423 2
Presiding Officer
(b) Without the signature of 424 429 6
Presiding Officer
* Total :- (a+b) 8
3. Ballot papers used at the polling 422
station (1-2=3)
4.Ballot papers used at the polling
stations but
NOT INSERTED INTO THE
BALLOT BOX
(a) Ballot papers cancelled
for violation of voting
procedure under rule 39A 239 -- 1
(b) Ballot papers cancelled
for other reasons 371 -- 1
(c) Ballot papers used as
tendered ballot papers
*Total (a+b+c) 430 -- 1

3
5.Ballot papers to be found 419
in the ballot box (3-4=5)

Signature of the Presiding Officer

Date.............
*(Serial numbers need not be given)
 ANNEXURE XI(i)-H

Dated: ........... …………

To:
From:

PROFORMA FOR SEEKING PERMISSION FOR COMMENCEMENT OF COUNTING OF

VOTES

Name of State : ---------------------------------------

Time of Report : -----------------------------------
1. Interruption or obstruction of poll due to riots, :
Openviolence, natural calamity or any other small
cause.
2. Vitiation of the poll by any of the ballot boxes :
having been unlawfully taken out of the custody
of the Presiding Officer, accidentally or
unintentionally lost or destroyed or damaged or
tampered with.
3. The ballot papers having been unlawfully marked :
by any person and deposited in the ballot box
4. Booth capturing :
5. Serious complaints :
6. Violence and breach of law and order :
7. Mistakes and irregularities committed which :
have a bearing on the election
8. Weather condition :
9. Poll percentage :
10. Whether all the polling parties have returned to :
Headquarter or not
11. Whether all the diaries of Presiding Officers have :
been scrutinized and irregularities, if any detected :
12. Recommendations regarding repoll/fresh poll, if
Any :
13. Remarks :

Place : ________ SIGNATURE OF RETURNING OFFICER

Date : _________ Tel. No.----------------------------
Fax No.----------------------------

ANNEXURE XI(i)-I

Sealing of election papers

After the close of poll, seal all the election papers in separate packets as required
by rule 46. All the packets so sealed except the covers containing (i) the ballot paper
account, (ii) paper seal account, (iii) the declarations by the Presiding Officer and (iv)
the Presiding Officer's diary should be put and sealed in four large packets as explained
in the following paragraphs and sent to the Returning Officer. The covers containing (i)
the ballot paper account, (ii) paper seal account (iii) the declarations by the Presiding
Officer and (iv) the Presiding Officer's diary should, however, be sent separately to the
receiving centre for election papers.
You should allow each candidate or his election agent or his polling agent who
may be present at the polling station to affix their seals on the envelopes and packets
containing the following documents:
(i) the marked copy of the electoral roll;
(ii) the counterfoils of used ballot papers (at the end of the poll, if the last bundle
of ballot papers used for the poll contains some unused ballot papers, the
counterfoils of used ballot papers in the bundle should be separated from
the bundle and kept in this envelope. The counterfoils so separated should
be tagged properly);
(iii) the signed but unused ballot paper with counterfoils, if any;
(iv) the other unused ballot papers with counterfoils;
(v) the ballot papers cancelled for violation of voting procedure;
(vi) the retuned and other cancelled ballot papers;
(vii) the tendered ballot papers and the list of tendered votes in Form 15;
(viii) the list of challenged votes;
(ix) the unused and damaged paper seals, if any;
(x) appointment letters of polling agents; and
(xi) any other papers that the Returning Officer has directed to be kept in a
sealed packet.
Packing of 'Statutory Cover' and 'Non statutory Covers and election materials
In order to avoid delay and inconvenience of waiting at the place for returning
sealed boxes, election paper and all other materials, you are advised to pack the covers
and other materials into four separate packets, as explained below, and hand them over
at the place appointed for receipt thereof.
I. The first packet should contain the sealed covers mentioned below and should
be superseded as "STATUTORY COVERS".
(i) the sealed cover containing the marked copy of the electoral roll;
(ii) the sealed cover containing counterfoils of used ballot papers including
tendered ballot papers;
(iii) the sealed cover containing the signed but unused ballot papers, with
counterfoils;
(iv) the sealed cover containing other unused ballot papers with counterfoils;
(v) the sealed cover containing the tendered ballot papers and the list in Form 15;
(vi) the sealed cover containing the ballot papers cancelled for violation of voting
procedure; and
(i) the sealed cover(s) containing other cancelled ballot papers.
Even if a statement or record to be put in any cover mentioned above is nil, a slip
noting on it that the statement or record is "Nil" may be put in the cover and the total
number of seven covers made ready so that no necessity arises for the receiving
officials at the receiving centre to enquire about the non-production of any of the sealed
covers to be received by him.
II. The second packet should contain the following covers and should be super scribed
as "NON-STATUTORY COVERS":
(i) the sealed cover containing the copy or copies of electoral roll (other than
the marked copy);
(ii) the sealed cover containing the appointment letters of polling agents in
Form 10;
(iii) the sealed cover containing the list of challenged votes in Form 14;
 (iv) the sealed covers containing the list of illiterate, blind and infirm electors in
Form 14A and the declarations of the companions, under rule 40(1);
(v) cover containing the receipt book and cash, if any, in respect of challenged
votes; and
(vi) cover containing unused and damaged paper seals.
III. The third packet should contain the following items:
(i) the Handbook 'Instructions to Presiding Officers':
(ii) pusher for ballot box and metal strip for detaching the ballot papers from
counterfoils;
(iii) self-inking pads;
(iv) the metal seal of the Presiding Officer;
(v) articles supplied for marking ballot papers;
(vi) indelible ink set (with stopper having been secured on each phial effectively
with worthen wax to prevent leakage or evaporation in the case of election
from Graduates’ or Teachers’ Constituency.
IV. All the other items if any, should be packed into the fourth packet.
Delivery and checking of election records and materials at the collecting centre
You will hand over to the official-in-charge of receiving back the election records
and materials at the collecting centre the following 11 items in all:
(i) the sealed ballot box(es);
(ii) the unused ballot box(es);
(iii) the unused canvas bag(s or cloth, as the case may be;
(iv) cover containing the ballot paper account;
(v) cover containing the paper seal account;
(vi) cover containing the declarations of the Presiding Officer;
(vii) cover containing the Presiding Officer's diary;
(viii) the first packet super scribed 'statutory covers' containing six covers;
(ix) the third packet containing seven items of election material, etc.; and
(x) the fourth packet containing all other items, if any.
All the above items [excluding the items contained in the fourth packet referred to
at (x) above] will be checked by the receiving official(s) at the collecting centre in your
presence and thereafter your will be released.
 ANNEXURE XI(i)-J

DUTIES OF POLLING OFFICERS AT

SIMULTANEOUSELECTIONS TO
THE COUNCIL OF STATES

(When Polling party consists of one Presiding Officer and three Polling
Officers)
First Polling Officer
First Polling Officer will be in charge of the marked copy of the electoral roll for
first election to the Council of States and responsible for identification of electors. The
electors at these elections will normally be known to the Presiding Officer and the
Polling Officers and there may not be any difficulty in their identification. A voter may,
however, come in with an unofficial identity slip which he has received from a
candidate. The slip should be on plain white paper and may contain the name of the
elector, his serial number in the electoral roll and the number of the electoral roll part.
The slip should not contain the name of the candidate and/or the name of his party. If
the voter does not have any such identity slip, the Polling Officer will himself ascertain
his name, and will then locate his name in the electoral roll kept by him. The elector
should not be compelled to bring an identity slip, nor should he be turned away solely
because he has not brought such a slip. The Polling Officer should not treat the identity
slip brought by an elector as a conclusive proof of his identity.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the part number,
the page number, the serial number and the name of the elector to the hearing of the
polling agents and the second Polling Officer. The identity slip, if any, brought by the
elector, should then be torn into pieces and put in the small waste paper basket
supplied. Such torn slips should not be thrown on the floor. If there is no challenge as
regards the identity of the voter, the Polling Officer will underline the entry relating to
the elector in the marked copy of the electoral roll with him in every case and where the
elector is a female put (√) mark also on the left hand side of the name of the female
elector.
The first Polling Officer will also be in charge of the bundles of ballot papers for
first election to the Council of States. He will record on the counterfoil of the ballot
paper the electoral roll part number and the serial number of the elector as entered in
the marked copy of the electoral roll and obtain the signature/thumb impression of the
voter on the counterfoil of ballot paper.
For the purpose of obtaining the thumb impression, the stamp pad of purple
colour supplied to your polling station should be used and for obtaining signature the
copying pencil/ballpoint pen supplied should be used. The ballot paper will be detached
from the counterfoil with the help of the flat metal rule having a sharp edge on the
lengthwise side. No ballot paper should be delivered to an elector unless he has put his
signature or thumb impression on the counterfoil of that ballotpaper. It is not necessary
to have the thumb impression of the elector on the counterfoil attested by the Presiding
or a Polling Officer or by any other officer. He will then pass on the ballot paper to the
second Polling Officer.
Second Polling Officer
The second Polling Officer will be in charge of the bundles of ballot papers for
second election to the Council of States and the marked copy of the electoral roll for
election. As the first Polling Officer read aloud the part number and serial number ofthe
elector, the second Polling Officer will underline the entry relating to the elector in the
marked copy of the electoral roll with him and where the elector is female also put a (√)
mark on the left hand side of the name of the female elector. He will record on the
counterfoil of the ballot paper the electoral roll part number and the serial number of
the elector as entered in the marked copy of the electoral roll and obtain the
signature/thumb impression of the voter on the counterfoil of ballot paper. For the
purpose of obtaining the thumb impression the stamp pad of purple colour supplied to
your polling station should be used and for obtaining signature the copying pencil/ball-
point pen should be used. For the use of voters whose thumb impression has been
taken on the counterfoil of the ballot paper, a wet piece of cloth may be kept on the
table of the Polling Officer for removing the ink. The ballot paper will then be detached
from the counterfoil with the help of the flat metal rule having a sharp edge on the
lengthwise side. Thereafter both the ballot papers will be delivered to the voter and he
will be directed to the third Polling Officer sitting near the voting compartment. No
ballot paper should be delivered to an elector unless he has put his signature or thumb
impression on the counterfoil of that ballot paper. It is not necessary to have the thumb
impression of the elector on the counterfoil attested by the Presiding or a Polling Officer
or by any other officer.
Third Polling Officer
The third Polling Officer will be in charge of the article to be supplied to elector for
marking the ballot papers. He will take both the ballot papers from the elector. He will
first fold the ballot paper for one election to the Council of States twice first vertically
and then horizontally, in such a wayas the distinguishing mark is clearly visible at the
top right hand corner on the back of the ballot paper. He will then unfold the ballot
paper and hand it over to the elector. He will also give to the voter the marking article
and if specifically requested by the voter, instruct him by making a mark with it on a
piece of plain paper. The voter will then be asked to proceed to a voting compartment.
After recording his vote, the elector will refold the ballot paper along the lines on which
it was folded before issue to him, come out of the voting compartment and insert the
ballot paper into the ballot box kept in front of the Polling Officer.
In the meantime the third Polling Officer would have folded the other ballot paper
for second election to the Council of States also vertically and horizontally. He will then
unfold and hand over that ballot paper to the voter, who proceed to another voting
compartment, record his vote on the Parliamentary ballot paper, bring it back and drop
it into the same ballot box.
Under Section 39AA of the R.P.Act, 1951, the elector of a political party shall show
his marked ballot papers to the polling agents of his political party at an election to the
Council of States. The same should be strictly ensured.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector inserts anything other than the genuine ballot paper into the ballot box. For this
purpose, he may require any elector to show the distinguishing mark and the Presiding
Officer's signature on the back of the ballot paper before its insertion into the ballot box.
 ANNEXURE XI(i)-K

DUTIES OF POLLING OFFICERS AT

SIMULTANEOUS ELECTIONS TO
THE COUNCIL OF STATES

(When polling party consists of one Presiding Officer and four Polling
Officer)

First Polling Officer

First Polling Officer will be in charge of the marked copy of the electoral roll for
first election to the Council of States and responsible for identification of electors. The
electors at these elections will normally be known to the Presiding Officer and the
Polling Officers and there may not be any difficulty in their identification. A Voter may,
however, come in with an unofficial identity slip which he has received from a
candidate. The slip should be on Plain white paper and may contain the name of the
elector, his serial number in the electoral roll, the number of the electoral roll part and
the number and name of polling station where he is to cast his vote. The slip should not
contain the name of the candidate and/or the name of his party. If the voter does not
have any such identity slip, the Polling Officer will himself ascertain his name and will
then locate his name in the electoral roll kept by him. The elector should not be
compelled to bring an identity slip, nor should he be turned away solely because he has
not brought such a slip.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the part number,
the page number, the serial number and the name of the elector to the hearing of the
polling agents and the second and third Polling Officers. The identity slip, if any brought
by the elector, should then be torn and destroyed. If there is no challenge as regards the
identity of the voter, the Polling Officer will underline the entry relating to the elector in
the marked copy of. the Electoral roll with him in every case and where the elector is a
female put a (√) mark also on the left hand side of the name of the female elector.
At the end of the day's polling he should count the number of men and women
voters who have voted and record the result in the Presiding Officer's report to the
Returning Officer. One easy method of doing this would be to write down all the serial
numbers from 1 to 200 or 300 on two separate sheets of paper before the
commencement of the poll.
The voter will then move to the second Polling Officer.
Second Polling Officer
The second Polling Officer will be in charge of the bundles of Council of States
ballot papers of first election. As the first Polling Officer reads aloud the part number
and serial number of the elector, the Second Polling Officer will record on the
counterfoil of the ballot paper the electoral roll part number and the serial number of
the elector as entered in the marked copy of the electoral roll and obtain the signature/
thumb impression of the voter on the counterfoil of ballot paper. For the purpose of
obtaining the thumb impression a stamp pad of purple colour supplied to your polling
station should be used and for obtaining signature a copying pencil/ball-pointpen
should be used. The ballot paper will then be detached from the counterfoil with the
help of a flat metal rule having a sharp edge on the lengthwise side. No ballot paper
should be delivered to an elector unless he has put his signature or thumb impression
on the counterfoil of that ballot paper. It is not necessary to have the thumb impression
of the elector on the counterfoil attested by the Presiding or a Polling Officer or by any
other officer. He will then pass on the ballot paper to the third Polling Officer.
Third Polling Officer
The third Polling Officer will be in charge of the bundles of Council of States ballot
papers for second election and the marked copy of the electoral roll for that election. As
the first Polling Officer reads aloud the part number and serial number of the elector,
the third Polling Officer will underline the entry relating to the elector in the marked
copy of the electoral roll with him and where the elector is a female also put a (√) mark
on the left hand side of the name of the female elector. He will record on the counterfoil
of the ballot paper the electoral roll part number and the serial number of the elector as
entered in the marked copy of the electoral roll and obtain the signature/thumb
impression of the voter on the counterfoil of ballot paper. For the purpose of obtaining
the thumb impression a stamp pad of purple colour supplied to your polling station
should be used and for obtaining signature a copying pencil/ball-point pen should be
used. For the use of voters whose thumb impression has been taken on the counterfoil
of the ballot paper, a wet piece of cloth will be kept on the table of this Polling Officer
for removing the ink. The ballot paper will be detached from the counterfoil with the
help of a flat metal rule having a sharp edge on the lengthwise side. Thereafter, both the
ballot papers will be delivered to the voters and he will be directed to the fourth Polling
Officer sitting near the voting compartment. No ballot paper should be delivered to an
elector unless he has put his signature or thumb impression on the counterfoil of that
ballot paper. It is not necessary to have the thumb impression of the elector on the
counterfoil attested by the Presiding or a Polling Officer or by any other officer.
Fourth Polling Officer
The fourth Polling Officer will be in charge of the articles to be supplied to elector
for marking the ballot papers. He will take both the ballot papers from the elector. He
will first fold the ballot paper for Council of States election twice, first vertically and
then horizontally, in such a way that the distinguishing mark is clearly visible at the top
right hand corner on the back of the ballot paper. He will then unfold the ballot paper
and hand it over to the elector. He will also give to the voter marking article and if
specifically requested by the voter, instruct him by making a mark with it on a piece of
plain paper. The voter will then be asked to proceed to a voting compartment. After
recording his vote, the elector will refold the ballot paper along the lines on which it
was folded before issue to him, come out of the voting compartment and insert the
ballot paper into the ballot box kept in front of the Polling Officer.
In the meantime the fourth Polling Officer would have folded the Legislative
Council election ballot paper also vertically and horizontally. He will then unfold and
hand over this ballot paper to the voter, who will proceed to another voting
compartment, record his vote on this ballot paper, bring it back and drop in into the
same ballot box.
Under Section 39AA of the R.P.Act, 1951, the elector of a political party shall show
his marked ballot papers to the polling agents of his political party at an election to the
Council of States. The same should be strictly ensured.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector is inserting anything other than the genuine ballot paper into the ballot box. For
this purpose, he may require any elector to show the distinguishing mark and the
Presiding Officer's signature on the back of the ballot paper before its insertion into the
ballot, box.
 ANNEXURE XI(ii)-A

DUTIES OF POLLING OFFICERS AT

SIMULATNEOUS ELECTIONS TO
THE STATE LEGISLATIVE COUNCIL BY MLAs

(When Polling party consists of one Presiding Officer and three Polling
Officers)
First Polling Officer
First Polling Officer will be in charge of the marked copy of the electoral roll for
first election to the State Legislative Council by MLAs and responsible for identification
of electors. The electors at these elections will normally be known to the Presiding
Officer and the Polling Officers and there may not be any difficulty in their
identification. A voter may, however, come in with an unofficial identity slip which he
has received from a candidate. The slip should be on plain white paper and may contain
the name of the elector, his serial number in the electoral roll and the number of the
electoral roll part. The slip should not contain the name of the candidate and/or the
name of his party. If the voter does not have any such identity slip, the Polling Officer
will himself ascertain his name, and will then locate his name in the electoral roll kept
by him. The elector should not be compelled to bring an identity slip, nor should he be
turned away solely because he has not brought such a slip. The Polling Officer should
not treat the identity slip brought by an elector as a conclusive proof of his identity.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the part number,
the page number, the serial number and the name of the elector to the hearing of the
polling agents and the second Polling Officer. The identity slip, if any, brought by the
elector, should then be torn into pieces and put in the Waste Paper basket supplied.
Such torn slips should not be thrown on the floor. If there is no challenge as regards the
identity of the voter, the Polling Officer will underline the entry relating to the elector in
the marked copy of the electoral roll with him in every case and where the elector is a
female put (√) mark also on the left hand side of the name of the female elector.
The first Polling Officer will also be in charge of the bundles of ballot papers for
first election to the State Legislative Council by MLAs. He will record on the counterfoil
of the ballot paper the electoral roll part number and the serial number of the elector as
entered in the marked copy of the electoral roll and obtain the signature/thumb
impression of the voter on the counterfoil of ballot paper.
For the purpose of obtaining the thumb impression, the stamp pad of purple
colour supplied to your polling station should be used and for obtaining signature the
copying pencil/ballpoint pen supplied should be used. The ballot paper will be detached
from the counterfoil with the help of the flat metal rule having a sharp edge on the
lengthwise side. No ballot paper should be delivered to an elector unless he has put his
signature or thumb impression on the counterfoil of that ballot paper. It is not
necessary to have the thumb impression of the elector on the counterfoil attested by the
Presiding or a Polling Officer or by any other officer. He will then pass on the ballot
paper to the second Polling Officer.
Second Polling Officer
The second Polling Officer will be in charge of the bundles of ballot papers for
second election to the State Legislative Council by MLAs and the marked copy of the
electoral roll for election. As the first Polling Officer read aloud the part number and
serial number ofthe elector, the second Polling Officer will underline the entry relating
to the elector in the marked copy of the electoral roll with him and where the elector is
female also put a (√) mark on the left hand side of the name of the female elector. He
will record on the counterfoil of the ballot paper the electoral roll part number and the
serial number of the elector as entered in the marked copy of the electoral roll and
obtain the signature/thumb impression of the voter on the counterfoil of ballot paper.
For the purpose of obtaining the thumb impression the stamp pad of purple colour
supplied to your polling station should be used and for obtaining signature the copying
pencil/ball-point pen should be used. For the use of voters whose thumb impression
has been taken on the counterfoil of the ballot paper, a wet piece of cloth may be kept
on the table of the Polling Officer for removing the ink. The ballot paper will then be
detached from the counterfoil with the help of the flat metal rule having a sharp edge on
the lengthwise side. Thereafter both the ballot papers will be delivered to the voter and
he will be directed to the third Polling Officer sitting near the voting compartment. No
ballot paper should be delivered to an elector unless he has put his signature or thumb
impression on the counterfoil of that ballot paper. It is not necessary to have the thumb
impression of the elector on the counterfoil attested by the Presiding or a Polling Officer
or by any other officer.
Third Polling Officer
The third Polling Officer will be in charge of the article to be supplied to elector for
marking the ballot papers. He will take both the ballot papers from the elector. He will
first fold the ballot paper for one election to the Council of States twice first vertically
and then horizontally, in such a way the distinguishing mark is clearly visible at the top
right hand corner on the back of the ballot paper. He will then unfold the ballot paper
and hand it over to the elector. He will also give to the voter the marking article and if
specifically requested by the voter, instruct him by making a mark with it on a piece of
plain paper. The voter will then be asked to proceed to a voting compartment. After
recording his vote, the elector will refold the ballot paper along the lines on which it
was folded before issue to him, come out of the voting compartment and insert the
ballot paper into the ballot box kept in front of the Polling Officer.
In the meantime the third Polling Officer would have folded the other ballot paper
for second election to the Council of States also vertically and horizontally. He will then
unfold and hand over that ballot paper to the voter, who proceed to another voting
compartment, record his vote on the Parliamentary ballot paper, bring it back and drop
it into the same ballot box.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector inserts anything other than the genuine ballot paper into the ballot box. For this
purpose, he may require any elector to show the distinguishing mark and the Presiding
Officer's signature on the back of the ballot paper before its insertion into the ballot box.
 ANNEXURE XI(ii)-B

DUTIES OF POLLING OFFICERS AT

SIMULTANEOUS ELECTIONS TO
THE COUNCIL OF STATES

(When polling party consists of one Presiding Officer and four Polling
Officer)

First Polling Officer

First Polling Officer will be in charge of the marked copy of the electoral roll for
first election to the State Legislative Council by MLAs and responsible for identification
of electors. The electors at these elections will normally be known to the Presiding
Officer and the Polling Officers and there may not be any difficulty in their
identification. A Voter may, however, come in with an unofficial identity slip which he
has received from a candidate. The slip should be on Plain white paper and may contain
the name of the elector, his serial number in the electoral roll, the number of the
electoral roll part and the number and name of polling station where he is to cast his
vote. The slip should not contain the name of the candidate and/or the name of his
party. If the voter does not have any such identity slip, the Polling Officer will himself
ascertain his name and will then locate his name in the electoral roll kept by him. The
elector should not be compelled to bring an identity slip, nor should he be turned away
solely because he has not brought such a slip.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the part number,
the page number, the serial number and the name of the elector to the hearing of the
polling agents and the second and third Polling Officers. The identity slip, if any brought
by the elector, should then be torn and destroyed. If there is no challenge as regards the
identity of the voter, the Polling Officer will underline the entry relating to the elector in
the marked copy of. the Electoral roll with him in every case and where the elector is a
female put a (√) mark also on the left hand side of the name of the female elector.
At the end of the day's polling he should count the number of men and women
voters who have voted and record the result in the Presiding Officer's report to the
Returning Officer. One easy method of doing this would be to write down all the serial
numbers from 1 to 200 or 300 on two separate sheets of paper before the
commencement of the poll.
The voter will then move to the second Polling Officer.
Second Polling Officer
The second Polling Officer will be in charge of the bundles of Council of States
ballot papers of first electionState Legislative Council by MLAs. As the first Polling
Officer reads aloud the part number and serial number of the elector, the Second Polling
Officer will record on the counterfoil of the ballot paper the electoral roll part number
and the serial number of the elector as entered in the marked copy of the electoral roll
and obtain the signature/ thumb impression of the voter on the counterfoil of ballot
paper. For the purpose of obtaining the thumb impression a stamp pad of purple colour
supplied to your polling station should be used and for obtaining signature a copying
pencil/ball-pointpen should be used. The ballot paper will then be detached from the
counterfoil with the help of a flat metal rule having a sharp edge on the lengthwise side.
No ballot paper should be delivered to an elector unless he has put his signature or
thumb impression on the counterfoil of that ballot paper. It is not necessary to have the
thumb impression of the elector on the counterfoil attested by the Presiding or a Polling
Officer or by any other officer. He will then pass on the ballot paper to the third Polling
Officer.
Third Polling Officer
The third Polling Officer will be in charge of the bundles of Council of States ballot
papers for second electionState Legislative Council by MLAs and the marked copy of the
electoral roll for that election. As the first Polling Officer reads aloud the part number
and serial number of the elector, the third Polling Officer will underline the entry
relating to the elector in the marked copy of the electoral roll with him and where the
elector is a female also put a (√) mark on the left hand side of the name of the female
elector. He will record on the counterfoil of the ballot paper the electoral roll part
number and the serial number of the elector as entered in the marked copy of the
electoral roll and obtain the signature/thumb impression of the voter on the counterfoil
of ballot paper. For the purpose of obtaining the thumb impression a stamp pad of
purple colour supplied to your polling station should be used and for obtaining
signature a copying pencil/ball-point pen should be used. For the use of voters whose
thumb impression has been taken on the counterfoil of the ballot paper, a wet piece of
cloth will be kept on the table of this Polling Officer for removing the ink. The ballot
paper will be detached from the counterfoil with the help of a flat metal rule having a
sharp edge on the lengthwise side. Thereafter, both the ballot papers will be delivered
to the voters and he will be directed to the fourth Polling Officer sitting near the voting
compartment. No ballot paper should be delivered to an elector unless he has put his
signature or thumb impression on the counterfoil of that ballot paper. It is not
necessary to have the thumb impression of the elector on the counterfoil attested by the
Presiding or a Polling Officer or by any other officer.
Fourth Polling Officer
The fourth Polling Officer will be in charge of the articles to be supplied to elector
for marking the ballot papers. He will take both the ballot papers from the elector. He
will first fold the ballot paper for Council of States election twice, first vertically and
then horizontally, in such a way that the distinguishing mark is clearly visible at the top
right hand corner on the back of the ballot paper. He will then unfold the ballot paper
and hand it over to the elector. He will also give to the voter marking article and if
specifically requested by the voter, instruct him by making a mark with it on a piece of
plain paper. The voter will then be asked to proceed to a voting compartment. After
recording his vote, the elector will refold the ballot paper along the lines on which it
was folded before issue to him, come out of the voting compartment and insert the
ballot paper into the ballot box kept in front of the Polling Officer.
In the meantime the fourth Polling Officer would have folded the Legislative
Council election ballot paper also vertically and horizontally. He will then unfold and
hand over this ballot paper to the voter, who will proceed to another voting
compartment, record his vote on this ballot paper, bring it back and drop in into the
same ballot box.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector is inserting anything other than the genuine ballot paper into the ballot box. For
this purpose, he may require any elector to show the distinguishing mark and the
Presiding Officer's signature on the back of the ballot paper before its insertion into the
ballot, box.
 ANNEXURE XI(ii)-C

DECLARATION BY ILLITERATE/BLIND OR OTHERWISE INFIRM ELECTOR

I, _____________________________ S/D/W/o _____________________________ R/o :

____________________________________________, do hereby solemnly affirm and declare that I am
unable to read the ballot paper or to record vote thereon in accordance with Rule 37A
of the Conduct of Elections Rule, 1961 by the reason of illiteracy/blindness/other
infirmity.

Signature/Left Hand Thumb Impression of elector__________________

Name of Elector_____________________
Part No. & Serial No. in the Electoral Rolls_____________________

Declaration given in my presence

Signature of Presiding Officer

 ANNEXURE XI(ii)-D

DUTIES OF POLLING OFFICERS AT

A SINGLE ELECTION TO THE STATE
LEGISLATIVE COUNCIL FROM A
COUNCIL CONSTITUENCY
(When polling party consists of one Presiding Officer and three Polling
Officer)
First Polling Officer
On entering the polling station the elector will proceed direct to the first Polling
Officer who will be in charge of the marked copy of the electoral roll, responsible for
identification of the electors and application of indelible ink. Usually each voter comes
in with an unofficial identity slip which he has received from a candidate. The slip
should be on plain white paper and may contain the name of the elector, his serial
number in the electoral roll, the number of the electoral roll part and the number and
name of the polling station where he is to cast his vote. The slip should not contain the
name of the candidate and/or the name of his party. If the voter does not have any such
identity slip, the Polling Officer will himself ascertain his name, house number, etc., and
will then locate his name from the electoral roll kept by him. The elector should not be
compelled to bring an identity slip, nor should he be turned away solely because he has
not brought such a slip.
It should be noted that carrying of such slip by an elector does not guarantee the
identity of the voter nor does it absolve the Polling Officer of his duty and responsibility
of satisfying himself about the identity of such voter.
The first Polling Officer in charge of the marked copy of the electoral roll and
identification of electors should not treat the identity of an elector established by the
mere production of an 'unofficial identity slip' which he brings to the polling station.
Though such a slip will help in locating the entries relating to an elector in the electoral
roll, it cannot be automatically taken for granted that the person producing the slip is
that particular voter. Therefore, the first Polling Officer should simply take the slip and
read out only the Serial No. of the entry of the elector in the electoral roll and not read
out his/her name and other particulars from the slip. Thereafter, the Polling Officer
should ask the person to announce his/her name loudly and if necessary other
particulars relating to the entry so as to ensure that he/she is the genuine voter
producing the identity slip. If full satisfaction is not obtained, the person may be
directed to present himself before the Presiding Officer, who should make a further
probe to satisfy himself about the identity of the elector. The Presiding Officer should
not hesitate to hand over the elector to the police in case he is proved to be an
impersonator.
Though normally a voter coming to a polling station is presumed to be the genuine
voter, this presumption is not irrefutable. If from the surrounding circumstances like
the difference in the age of the elector given in the electoral roll and the age of the
person as ascertainable from his appearance, the Polling Officer entertains any doubt
about the identity of the voter before him, he should satisfy himself about the real
identity and the genuineness of the voter. In such a case he should not accept the
identity of the voter on the mere production of the identity slip and should refer the
matter to the Presiding Officer for his decision. Otherwise also, the Polling Officer
should make test check of identity of voters with reference to unofficial identity slips
brought by them.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the First Polling Officer will call out loudly the page number,
the part number, the serial number and the name of the elector to the hearing of the
polling agents and the second Polling Officer. The identity slip, if any, brought by the
elector should then be torn into pieces and put in the Waste Paper Basket supplied.
Such torn slips should not be thrown on the floor. If there is no challenge as regards the
identity of the voter, the Polling Officer will underline in every case the entry relating to
the elector in the marked copy of the electoral roll with him and where the elector is a
female, put a (√) mark also on the left hand side of the name of the female elector.
He will then inspect the voter's left forefinger to see that it does not bear any sign
or trace of indelible ink and then put a mark with the indelible ink above the root of the
nail in such a way that the ink also spreads on the ridge between the skin and the root
of the nail and a clear mark is left on the forefinger. Note that the voter need not be
touched at the time of applying the indelible ink on his left forefinger. While application,
excess ink should not be taken with the whole length of the rod. Only the tip of the rod
should be dipped in the ink. This will avoid excess intake of the ink. The glass (plastic)
rod after dipping in the ink should be gently pressed on the finger and rotated so that a
clear mark is left on the finger. It must be ensured that the voter's forefinger is perfectly
in the horizontal position at the time of the application of the ink and for at least thirty
seconds immediately after the application of the ink so that the solvent gets evaporated.
If the rod is only lightly touched or rubbed against the voter's finger it will merely leave
a smudge which is not sufficient. In case it is noticed that an elector has applied any oily
or greasy substance on his finger in order to neutralize the indelible ink mark to be put
on his finger, such oily or greasy substance should be removed by the polling officer
with the help of the piece of cloth or rag supplied before putting indelible ink mark on
the finger of the elector. The voter should not be allowed to rub off the mark for at least
half a minute after it has been applied on the finger. If an elector has no left forefinger
then indelible ink should be applied on any such finger which he has on his left hand. If
he does not have any finger on his left hand the ink should be applied on his right
forefinger. If he has no finger on either hand, ink should be applied on such extremity
(stump) of his left or right hand as he possesses.
The voter will then move to the second Polling Officer.

Second Polling Officer

The second Polling Officer will be in charge of the bundles of ballot papers as well
as the bundle containing the original claim applications of voters (in form 18 or form 19
depending on whether the election is from a Graduates’ Constituency or a Teachers’
Constituency). As the first Polling Officer reads aloud the part number and serial
number of the elector, the second Polling Officer will record on the counterfoil of the
ballot paper the electoral roll part number and the serial number of the elector, as
entered in the marked copy of the electoral roll. At the same time, he will take out the
relevant claim application of that voter from the bundle of claim applications under his
charge. He will then compare the signature of the voter on the counterfoil of the ballot
paper. He will then compare the signature with that on the claim application of the
voter. The ballot paper will then be detached from the counterfoil with the help of a flat
metal rule having a sharp edge on the lengthwise side. It will thereafter be delivered to
the voter and he will be directed to the third Polling Officer sitting near the ballot box.
No ballot paper should be delivered to an elector unless he has put his signature or
thumb impression on the counterfoil of the ballot paper.
Third Polling Officer
The third Polling officer will be in charge of the articles to be supplied to elector
for marking the ballot paper. He will take the ballot paper from the elector and fold it
twice, first vertically and then horizontally, in such a way that the distinguishing mark is
clearly visible at the top right hand corner on the back of the ballot paper. He will then
unfold the ballot paper and hand it over to the elector. He will also give to the voter the
marking article and if specifically requested by the voter, instruct him by making a
mark with it on a piece of plain paper. The voter will then be asked to proceed to a
voting compartment. After recording his vote, the elector will refold the ballot paper
along the lines on which it was folded before it was issued to him, come out of the
voting compartment and insert the ballot paper into the ballot box kept in front of the
Polling Officer.
The Polling Officer in charge of the ballot box will keep a strict vigil to see that no
elector is inserting anything other than the genuine ballot paper into the ballot box. For
this purpose, he may require any elector to show the distinguishing mark and the
Presiding Officer's signature on the back of the ballot paper before its insertion into the
ballot box.
Before the voter leaves the polling station, the Polling Officer will examine the left
forefinger of the elector and satisfy that the indelible ink mark is clearly impressed on
the skin, if the voter has removed the mark or the mark is not clear, the voter should be
marked again in such a way that the marking is clear and is not immediately removed.
 ANNEXURE XI(ii)-E

DUTIES OF POLLING OFFICERS AT

SIMULTANEOUS ELECTION TO THE
STATE LEGISLATIVE COUNCIL
FROM GRADUATES’ AND TEACHERS’
CONSTITUENCEIS AT A COMMON
POLLING STATION
(When polling party consists of one Presiding Officer and Four Polling
Officer)
First Polling Officer
The first Polling Officer will be in charge of the marked copy of the electoral roll
for the Graduates’ Constituency and responsible for identification of the electors of
Graduates’ Constituency. He will also be responsible for application of indelible ink on
the elector's left forefinger, obtaining signature of the elector, comparing the signature
with that on his original claim application in Form 18, and issue of ballot paper for
Graduates’ Constituency. On entering the polling station, the electors for the Graduates’
Constituency will be directed to proceed to the first Polling Officer. Usually each voter
comes in with an unofficial identity slip which he has received from candidate. The slip
should be on plain white paper and may contain the name of the elector, his serial
number in the electoral roll, the number of the electoral roll part and the number and
name of the polling station where he is to cast his vote. The slip should not contain the
name of candidate and/or the name of his party, if the voter does not have any such
identity slip, the Polling Officer will himself ascertain his name, house number etc., and
will then locate his name from the electoral roll kept by him. The elector should not be
compelled to bring an identity slip, nor should he be turned away solely because he has
not brought such a slip.
It should be noted that carrying of such slip by an elector does not guarantee the
identity of the voter nor does it absolve the Polling Officer of his duty and responsibility
of satisfying himself about the identity of such over.
The First Polling Officer in charge of the marked copy of the electoral roll and
identification of electors should not treat the identity of an elector established by the
mere production of an 'unofficial identity slip' which he brings to the polling station.
Though such a slip will help in locating the entries relating to an elector in the electoral
roll, it cannot be automatically taken for granted that the person producing the slip is
that particular voter. Therefore, the first Polling Officer should simply take the slip and
read out only the Serial No. of the entry of the elector in the electoral roll and not read
out his/her name and other particulars from the slip. Thereafter, the Polling Officer
should ask the person to announce his/her name loudly and if necessary other
particulars relating to the entry so as to ensure that he/she is the genuine voter
producing the identity slip. If full satisfaction is not obtained, the person may be
directed to present himself before the Presiding Officer, who should make a further
probe to satisfy himself about the identity of the elector. The Presiding Officer should
not hesitate to hand over the elector to the police in case he is proved to be an
impersonator.
Though normally a voter coming to a polling station is presumed to be the genuine
voter, this presumption is not irrefutable. If from surrounding circumstances like the
difference in the age of the elector given in the electoral roll and the age of the person as
ascertainable from his appearance, the Polling Officer entertains any doubt about the
identity of the voter before him, he should satisfy himself about the real identity and the
genuineness of the voter. In such a case he should not accept the identity of the voter on
the mere production of the identity slip and should refer the matter to the Presiding
Officer for his decision. Otherwise also, the Polling Officer should make test check of
identity of voters with reference to unofficial identity slips brought by them.
After locating the name of the elector and checking it with the particulars in the
relevant entry in the roll, the first Polling Officer will call out loudly the page number,
the part number, the serial number and the name of the elector to the hearing of the
polling agents. The identity slip, if any, brought by the elector should than be torn into
pieces and put in the waste paper basket supplied. Such torn slips should not be thrown
on the floor. If there is no challenge as regards the identity of the voter, the Polling
Officer will underline in every case the entry relating to the elector in the marked copy
of the electoral roll with him and where the elector is a female, put a (√) mark also on
the left had side of the name of the female elector.
He will then inspect the voter's left forefinger to see that it does not bear any sign
or trace of indelible ink and then put a mark with indelible ink above the root of the nail
in such a way that the ink also spreads on the ridge between the skin and the root of the
nail and a clear mark is left on the forefinger. Note that the voter need not be touched at
the time of applying the indelible ink on his left forefinger. While application, excess ink
should not be taken with the whole length of the rod. Only the tip of the rod should be
dipped in the ink. This will avoid excess intake of the ink. The glass (plastic) rod after
dipping in the ink should be gently pressed on the finger and rotated so that a clear
mark is left on the finger. It must be ensured that the voter's forefinger is perfectly in
the horizontal position at the time of the application of the ink and for at least thirty
seconds immediately after the application of the ink so that the solvent gets evaporated.
If the rod is only lightly touched or rubbed against the voter's finger it will merely leave
a smudge which is not sufficient. In case it is noticed that an elector has applied any oily
or greasy substance on his finger in order to neutralize the indelible ink mark to be put
on his finger, such oily or greasy- substance should be removed by the Polling Officer
with the help of the piece of cloth or rag supplied before putting indelible ink mark on
the finger of the elector. The voter should not be allowed to rub off the mark for at least
half a minute after it has been applied on the finger. If an elector has no left forefinger
then indelible ink should be applied on any such finger which he has on his left hand. If
he does not have any finger on his left hand the ink should be applied on his right
forefinger. If he has no finger on either hand, ink should be applied on such extremity
(stump) of his left or right hand as he possesses.
The first Polling Officer will also be in charge of the bundles of ballot papers for
the Graduates’ Constituency. He will record on the counterfoil of the ballot paper the
electoral roll part number and the serial number of the elector, as entered in the
marked copy of the electoral roll.
He will then obtain the signature of the voter on the counterfoil of ballot paper.
He will compare the signature with that on the claim application of the voter in Form 18
which will be supplied by the second Polling Officer. The ballot paper will then be
detached from the counterfoil with the help of a flat metal rule having a sharp edge on
the lengthwise side. It will thereafter be delivered to the voter and he will be directed to
the fourth Polling Officer sitting near the ballot box. No ballot paper should be delivered
to an elector unless he has put his signature on the counterfoil of the ballot paper.
The Second Polling Officer
The second Polling Officer will be in charge of the bundles containing the original
claim applications of voters in Form 18 and 19. When the first Polling Officer reads
aloud the name of the voter for the Graduates’ Constituency, the second Polling Officer
will take out the relevant claim application of that voter in Form 18 from the bundle of
the claim applications under his charge, he will then make available that claim
application of the voter concerned to the first Polling Officer for comparison of the
voter's signature on the counterfoil of the ballot paper with his signature on the claim
application. After the first Polling Officer has compared the said signatures, he will
return the claim application to the second Polling Officer, who will keep it back at the
relevant place in the bundle of those claim applications.
The second Polling Officer will act likewise in respect of voter for the Teachers’
Constituency whose identity is being checked by the third Polling Officer.
Third Polling Officer
The third Polling Officer will be in charge of the marked copy of the electoral roll
and the ballot papers for the Teachers’ Constituency and responsible for the
identification of the electors of that Constituency, application of indelible ink on their
forefinger and issue of ballot papers to them.
The duties of the third Polling Officer will be similar to the duties of the first
Polling Officer as indicated above in all respects.
After a voter for the Teachers’ Constituency has been issued with ballot paper by
third Polling Officer, he will also be directed to proceed to the fourth Polling Officer.
Fourth Polling Officer
The fourth Polling Officer will be in charge of the ballot box which will be common
for both the elections from the Graduates’ and Teachers’ Constituencies. He will also be
in charge of the articles to be supplied to electors for marking the ballot papers. He will
take the ballot paper from the elector and fold it twice, first vertically and then
horizontally, in such a way that the distinguishing mark is clearly visible at the top right
hand corner on the back of the ballot paper. He will then unfold the ballot paper and
hand it over to the elector. He will also give to the voter an inked rubber stamp and, if
specifically requested by the voter, instruct him by making a mark with it on a piece of
plain paper. The voter will then be asked to proceed to a voting compartment. After
recording his vote, the elector will refold the ballot paper along the line on which it was
folded before issue to him, come out of the voting compartment and insert the ballot
paper into the ballot box kept in front of the Polling Officer.
The fourth Polling Officer will keep a strict vigil to see that no elector inserts
anything other than the genuine ballot paper into the ballot box. For this purpose, he
may require any elector to show the distinguishing mark and the Presiding Officer's
signature on the back of the ballot paper before its insertion into the ballot box.
Before the voter leaves the polling station, the Polling Officer will examine the left
forefinger of the elector and satisfy that the indelible ink mark is clearly impressed on
the skin. If the voter has removed the mark or the mark is not clear, the voter should be
marked again in such a way that the marking is clear and is not immediately removed.
 ANNEXURE XI(ii)-F

PRESIDING OFFICER’S DIARY

1. Name of the Constituency :
(in block letters)

2. Date of Poll :

3. Number of the polling station :

Whether located in
i)Government or quasi-
Government building :
ii) Private building :
iii) Temporary structure :

4. Number of Polling Officer

recruited locally, if any :

5. Appointment of Polling Officer

made in the absence of duly
appointed Polling Officer, if any,
and the reasons for such
appointment :

6. Number of ballot boxes used :

7. Number of paper seals used :

8. Number of polling agents and the

number who arrived late :

9. Number of candidates who were

appointed as Polling Agents at the
polling stations :

10. Number of ballot papers issued

according to marked copy of the
electoral roll :
*Number of ballot papers actually
Issued at the polling station
.......................................
Signature of Polling Officer
in charge of ballot papers
.......................................
Signature of First Polling Officer
11. Number of electors who voted-
Men ............................................
Women .......................................
Total ...........................................

12. Challenged vote-

Number allowed.........................
Number rejected.........................
Amount forfeited Rs ..................

13. Number of electors who voted with

the help of companions :

14. Number of tendered votes :

15. Whether it was necessary to adjourn

the poll and if so, the reasons for
such adjournment

16. Number of votes cast

From 8 a.m. to 10 a.m. :
from 10 a.m. to 12 noon :
from 12 noon to 2 p.m. :
from 2 p.m. to 4 p.m. and so on :

17. Number of slips issued at the

closinghour of the poll :

* This will include ballot papers cancelled and tendered ballot papers also.

18. Electoral offences with details :

Number of cases of-
(a) canvassing within one
hundred Meters of a polling
station :
(b) impersonation of voters :
(c) fraudulent defacing,
destroying or removal of a list
of notice or other document
at a polling station :
(d) bribing of voters :
(e) intimidation of voters and
other persons :

19. Was the poll interrupted or

obstructed by-
(1) riot :
(2) open violence :
(3) natural calamity
(4) any other cause :
 Please give details of the above.

20. Was the poll vitiated by-

(1) any ballot at the polling
station having been unlawfully
taken out of the custody of
the Presiding Officer-
(a) accidentally or internationally
lost or destroyed
(b) damaged or tampered with :
(2) the ballot papers having been
unlawfully marked by any person
and deposited in the ballot box :
Please give details.

21. Serious complaints, if any, made by

the candidate :

22. Number of cases of breach of law

and order :

23. Report of mistakes and irregularities

committed, if any, at the polling
station :

24. Whether the declarations have been

made before the commencement of
the poll and if necessary during the
course of poll when a new ballot box
is placed for reception of marked
ballot paper and at the end of poll
as necessary :

Place:..................
Date...................
Presiding Officer
This diary should be forwarded to the Returning Office along with the ballot boxes
and other sealed papers.
 ANNEXURE XI(ii)-G

Log Book..... Building in which ballot boxes have been stored pending counting

..........................District
...................... Constituency

Dat Ti Name Purp Details of Signat Signat Ti Detai Tot Signat Signat Rema
e of me and ose other ure ure me ls of al ure of ure of rks
ent of designa of persons officer O.I.C of pers tim Office the
ry ent tion of entr accompa enteri Police exi ons e r O.I.C.
ry the y nying the ng Guard st comi spe comin Police
Officer officer ng nt g out Guard
enterin out insi
g with de
the roo
Offic m
er
1 2 3 4 5 6 7 8 9 10 11 12 13
 ANNEXURE XI(iii)-A
Model Form for Report U/S 57 of R-P. Act, 1951
FAX MESSAGE

FROM : RETURNING OFFICER

FOR............................................................ CONSTITUENCY
TO : SECRETAY
ELECTION COMMISION OF INDIA
NEW DELHI

REPEATED:
TO CHEIF ELECTORAL OFFICER OF ................ ..................

NO........................ (.) DATED THE ..............................

REFERENCE BIENNIAL/ BYE-ELECTION TO THE ...................... ……………………………… BY

ELECTED MEMBERS OF LEGISLATIVE ASSEMBLY / MEMBERS OF LEGISLATIVE
ASSEMBLY / FROM…………………………………. CONSTITUENCY (.) REPORTS HAVE BEEN
RECEIVED AND VERIFIED THAT POLL ON........(DATE) ............. AT FOLLOWING POLLING
STATION(S) WAS ADJOURNED UNDER SECTION 57(1) OF THE REPRESENTATION OF
THE PEOPLE ACT 1951 BECAUSE OF CIRCUMSTANCES INDICATED AGAINST EACH:

SL. NO. &. NAME OF NAME/DESIGNATION REASONS FOR

NO POLLING STATION OF REPORTING POLL BEING
AUTHORITY VITIATED
1 2 3 4
1.
2.
4.
5.
6.
---
---

COMMISSION'S DIRECTIONS SOLICITED UNDER SECTION 57(2) OF THE SAID ACT (.) IT
IS RECOMMENDED THAT ADJOURNED POLL MAY BE HELD ON................ (DATE)
BETWEEN............TO ...............HOURS AT THE ABOVE POLLING STATIONS) AT THE SAME
LOCATION(S) (.)
PLACE
DATE
RETURNING OFFICER
FOR..........................................
CONSTITUENCY AND............
Copy by post in confirmation, forwarded to the:
1. Secretary, Election Commission of India, New Delhi.
2. Chief Electoral Officer, .............................................
Returning Officer
for.................................................
Constituency and .........................
 ANNEXURE XI(iii)-B
Model Form for Report U/S 58 of R.P. Act, 1951
FAX MESSAGE

FROM : RETURNING OFFICER

FOR............................................................ CONSTITUENCY

TO : SECRETAY
ELECTION COMMISION OF INDIA
NEW DELHI
REPEATED:
TO CHEIF ELECTORAL OFFICER OF ................ ..................

NO........................ (.) DATED THE ..............................

REFERENCE BIENNIAL/ BYE-ELECTION TO THE ...................... ……………………………… BY

ELECTED MEMBERS OF LEGISLATIVE ASSEMBLY / MEMBERS OF LEGISLATIVE
ASSEMBLY / FROM…………………………………. CONSTITUENCY (.) REPORTS HAVE BEEN
RECEIVED AND VERIFIED THAT POLL ON........(DATE) ............. AT FOLLOWING POLLING
STATION(S) WAS VITIATED TO SUCH AN EXTENT THAT RESULT OF POLL THEREAT
CANNOT BE ASCERTAINED; FOR REASONS INDICATED AGAINST EACH POLLING
STATION:

SL. NO. &. NAME OF NAME/DESIGNATION OF REASONS FOR

NO POLLING STATION REPORTING AUTHORITY POLL BEING
VITIATED
1 2 3 4
1.
2.
4.
5.
6.
7.
--
--
MATTER IS REPORTED UNDER SUB-SECTION (1) OF SECTION 58 OF THE
REPRESENTATION OF THE PEOPLE ACT 1951 (.) FURTHER DIRECTIONS OF
COMMISSION IN TERMS OF SUB-SECTION (2) OF SAID SECTION 58 ARE SOLICITED (.)
PLACE
DATE
RETURNING OFFICER
FOR..........................................
CONSTITUENCY AND............
Copy by post in confirmation, forwarded to the:
1. Secretary, Election Commission of India, New Delhi.
2. Chief Electoral Officer, .............................................
Returning Officer
for.................................................
Constituency and .........................
 ANNEXURE XI(iii)-C
Model Form for Report U/S 58A of R.P. Act, 1951
FAX MESSAGE

FROM : RETURNING OFFICER

FOR............................................................ CONSTITUENCY

TO : SECRETAY
ELECTION COMMISION OF INDIA
NEW DELHI

REPEATED:
TO CHEIF ELECTORAL OFFICER OF ................ ..................

NO........................ (.) DATED THE ..............................

REFERENCE BIENNIAL/ BYE-ELECTION TO THE ...................... ……………………………… BY

ELECTED MEMBERS OF LEGISLATIVE ASSEMBLY / MEMBERS OF LEGISLATIVE
ASSEMBLY / FROM…………………………………. CONSTITUENCY (.) REPORTS HAVE BEEN
RECEIVED THAT BOOTH CAPTURING HAS TAKEN PLACE AT THE FOLLOWING
POLLING STATION(S) IN SUCH A MANNER THAT RESULT OF POLL TAKEN THEREAT
ON........................(DATE) CANNOT BE ASCERTAINED (.) DETAILS OF BOOTH CAPTURING
ARE GIVEN BELOW AGAINST EACH SUCH POLLING STATION:

SL.NO. NO. & NAME OF NAME/DESIGNATION OF DETAILS OF

POLLING REPORTING AUTHORITY BOOTH
STATION CAPTURING
1 2 3 4
1.
2.
3.
4.
5.
6
MATTER IS REPORTED TO THE ELECTION COMMISSION IN TERMS OF SUB-SECTION
(1) OF SECTION 58A OF REPRESENTATION OF THE PEOPLE ACT 1951 (.)
COMMISSION'S DIRECTIONS UNDER SUB-SECTION (2) OF SAID SECTION 58 ARE
SOLICITED (.)
PLACE
DATE
RETURNING OFFICER
FOR..........................................
CONSTITUENCY AND............
Copy by post in confirmation, forwarded to the:
1. Secretary, Election Commission of India, New Delhi.
2. Chief Electoral Officer, .............................................
Returning Officer
for.................................................
Constituency and .........................
 ANNEXURE XII-A

SINGLE TRANSFERABLE SYSTEM

OF VOTING-DETAILED
ILLUSTRATION
Detailed steps of Counting Procedure
In order to enable you to have an idea as to how the counting is done, step by step
details of the counting are given below:-
I. Preliminary Steps
The polled ballot box which is duly sealed is placed in full view of all candidates
and their agents in the counting hall. The candidates and their agents are requested by
the Returning Officer (R.O.) to examine the seals before it is opened. Thereafter, the box
is opened and the Returning Officer takes out all papers from the box and puts them in a
tray FACE DOWN. After all papers are taken out, the empty box is shown to all and kept
aside. Thereafter, the Returning Officer and counting assistants proceed to count the
number of papers in the box. The total number of ballot papers in the box is tallied with
the ballot papers to be found in the ballot box as shown in item 5 of the Ballot Paper
Account. Let us suppose that the box contains 300 ballot papers.
II. Scrutiny of Ballot Papers
The Returning Officer then proceeded to scrutinize each ballot paper as to" its
validity, after such scrutiny, he rejected 17 ballot papers as invalid, due to reasons like-
1. Blank ballot papers (no marking of preferences).
2. Mark of identification like signature put on ballot papers.
3. Ballot papers marked with an instrument OTHER THAN the one supplied for the
purpose.
4. No. "1" preference marked against more than one candidate/marked to no
candidate/marked in words like "ONE" and not in figures.
After rejecting the invalid ballot papers, the Returning Officer bundled the VALID
BALLOT papers and kept them at one place. Then he directed the Counting Assistants to
arrange the wooden trays candidate wise on the Table.
III. First Round of Counting
The Counting Assistants arranged the 12 trays and fixed the names of each of 12
candidates on each tray and arranged them in serial order of the candidates as they
appeared on the ballot paper.
Thereafter, the Returning Officer Proceeded to distribute the VALID BALLOT
papers to each tray of the candidates as per FIRST PREFERENCE given on the ballot
papers with Number "1". If No. 1 was marked to candidate X, then that ballot paper was
placed in the tray marked 'X' and so on. Thus all 283 VALID ballot papers were
distributed to the 12 trays.
After distributing all 283 valid ballot papers, the Returning Officer directed the
Counting Assistants (C.A.) to check the ballot papers in each tray to confirm that each of
the ballot papers put in that tray was marked with preference "1" in favour of that
candidate to whom that tray belonged and there was no mix up of ballot papers. After
ensuring that there was no such mix-up, the C.As counted the ballot papers in each tray,
noted the total number on a slip and placed the slip on the top of bundle of ballot papers
in each tray. The Returning Officer noted on a paper the number of ballot papers polled
by each candidate and total the number to ensure that all 283 ballot papers were
accounted for. After satisfying that the figures tallied he distributed covers to C.As. who
were asked to note on the cover the name of candidate, and other particulars of votes
polled as follows:
No. & name of Candidate: 1- Amit Kumar
 MAINPARCEL (ORIGINAL VOTES)
* 49@ 100=4900
* 49 are ballot papers, 100 is the value of each ballot paper and 4900 is the total value of
votes polled by the candidate.
After preparing the above covers for each candidate, the C.As. Put the original
votes of each candidate in his respective cover. Thereafter the C.As.entered the result of
first round of counting in the sheets kept by the side of each tray known as
"PROGRESSIVE TOTAL SHEETS"
The Returning Officer got the result of first count posted in the RESULT SHEET
(column 2 of result sheet). Then the Returning Officer proceeded to calculate the QUOTA
required for a candidate to get elected.
IV. Quota for Election
The principle of calculating the quota for election is as follows:
Total value of valid ballot papers + 1 =Quota
No. of seats to be filled +1
(a) Total value of valid ballot papers = 28300
(b) Seats to be filled =6
Quota = 28300+ 1= 4043
6+1
While calculating as above quota the remainder that comes by dividing 28300 by 7
(i.e., 6+1) was ignored. The round figure that comes by ignoring the remainder was
taken and one’ more was added to it to arrive at quota. In layman's words, the principle
of quota is:
QUOTA = Total value of valid votes divided by number of seats to be filled plus
one. One more number is added to quotient after ignoring the fractions and the figure so
arrived at is the quota.
As shown above, in the present case the quota for getting elected was arrived at as
4043. Then the Returning Officer announced the result of first round of counting as
shown in column 1 and 2 of the result sheet. ShriAmit Kumar who secured 4900 votes
secured the quota and the Returning Officer declared him as elected. ShriAmit Kumar
secured 857 votes more than the quota and this 857 is known as "SURPLUS" of ShriAmit
Kumar (4900-4043=857).
As and when a candidate gets elected, if the seats to be filled are less than the
candidates remaining in the field, the surplus secured by the winning candidate has first
to be distributed to the remaining candidates (known as continuing candidates).
Therefore, the Returning Officer proceeded further to distribute the surplus votes (857)
of ShriAmit Kumar after noting in the remarks column (21) of the result sheet against
the name of ShriAmit Kumar as "ELECTED-1" as he was the first candidate to get elected.
V. Distribution of Surplus of ShriAmit Kumar-Second Round of Counting
The second round of counting was the distribution of surplus of ShriAmit Kumar
Shri A.K. got only one packet of original votes and that packet contained 49 ballot papers
due to which he was elected. Therefore, the Returning Officer had to distribute all the 49
ballot papers in Shri A.K.'s packet. For this distribution, the second preference marked
on the ballot papers of Shri A.K. had to be seen and ballot papers given to the trays of
other candidates according to second preference marked thereon.
Therefore, the Returning Officer proceeded to examine the 49 ballot papers of Shri
A.K. for their second preference. The Returning Officer found that out of 49 papers, on
30 papers either there was:
1. No Second preference marked;
2. If marked, it was done in words like "TWO";
3. No. 2 was put against the names of more than one candidate.
 Therefore, the Returning Officer rejected those 30 ballot paper. Those ballot
papers should NOT be called as rejected papers, but as "EXHAUSTED PAPERS". The
Returning Officer, therefore, found only 19 ballot paper on which second preference was
correctly marked with No. 2. He distributed the 19 papers to the candidates remaining in
the field (kindly see Transfer Sheet No.l). Now, these 19 ballot papers will not have the
same value of 100 each, but a NEW VALUE to be calculated as follows:
The new transfer value of surplus votes is arrived at by dividing the total surplus
by the No. of ballot papers actually distributed (unexhausted ballot papers).
Total Surplus = 857
Ballot papers actually
distributed = 19
NEW VALUE= 857 = 45, Remainder 2
19
(ignore the remainder 2 and take quotient 45 as the value)
Therefore, the new value was 45 and total value of transferred 19 papers was
45X19=855 whereas total surplus was 857. Thus the remainder 2(857-855=2) is known
as "loss of value due to neglect of fraction" and was shown in column II(g) of Transfer
Sheet No. 1. Thereafter the distribution of surplus of Shri A.K. was entered in the Result
Sheet (column 3) and the Progressive total after this round of counting was shown in
column 4.
Now that ShriAmit Kumar had been elected, the Returning Officer got his tray
removed from the table. NOW ONWARDS ShriAmit Kumar should not receive any
further vote and in subsequent counts if any preference was marked in favour of Shri
A.K. that preference was to be ignored and the next preference marked on the ballot
paper was to be taken into account.
After Shri A.K's surplus distribution, no further candidate was elected. Therefore,
the Returning Officer examined the result in column (4) of the Result Sheet and
announced that candidate No. 9-Shri ImitoTombi was the one who got lowest number of
total votes and, therefore, was to be ELIMINATED from the field of contest. His tray was
removed from the table and placed before the Returning Officer for the purpose of
elimination as follows.
VI. ShriImitoTombi: Elimination of Candidate Lowest at the Poll Distribution of his
votes.
Now kindly refer to TRANSFER SHEET No. 2 .
The Returning Officer announced that ShriImitoTombi (II) got two packets of
votes. The first packet was the main parcel containing 11 votes at the value 406 of 100
each and the second packet (sub-parcel-1) 2 ballot papers (transferred to him from the
surplus of ShriAmit Kumar) of 45 value each. Now all his votes in both the packets were
to be transferred to others as per next preference marked. On such transfer OTHER
REMAINING CANDIDATES received ShriTombi's papers AT THE SAME VALUE at which
HE RECEIVED THEM.
The transfer of votes of ELIMINATED candidate shall be done packet by packet and
SHOULD NOT BE MDCED UP. The Returning Officer took the main parcel containing 11
ballot papers of 100 value. He found 3 papers got no further preference marked and
therefore were EXHAUSTED. On 8 papers further preference was marked (2-Baldev
Singh got4, 8- Harishanker got 1 and 12 LalitaKumari got 3 papers). Thus they were
distributed at the value of 100 each and put into separate sub-parcels for each candidate
receiving them. After finishing with the main parcel, the Returning Officer took the
second parcel of ShriImitoTombi. That second parcel (sub-parcel No. 1) contained 2
papers of 45 value each. He received them from the elected candidate ShriAmit Kumar.
On those two papers, the third preference was marked in favour of ShriBaldev Singh and
Dwaraka Das respectively. This distribution was noted on Transfer Sheet No. 2. This
distribution was posted on the Result Sheet in column 5 and the progressive total in
column 6.
With the transfer of votes of ShriImitoTombi, no further candidate got elected
since nobody reached the quota required for election. The Returning Officer pointed out
that the next candidate to be ELIMINATED shall be No.7-Gyan Dev Kumar who got total
1845 votes and was the candidate with LOWEST votes at that stage. The tray of Shri G.D.
Kumar was removed from the table and placed before the Returning Officer for
distribution. At this stage out of total 12 trays on the table, the trays of 3 candidates
were removed (No. 1 who got elected, No.9 and No.7 who were eliminated) and the
containing candidates were only 9.
VII Elimination of ShriGyanDev Kumar & Distribution of his votes
Like ShriTombi, ShriGyanDev Kumar also got only 2 parcels, the main parcel
containing 18 original votes of 100 value each and the sub- parcel No. 1 only one paper
with a value of 45. The Returning Officer distributed both the packets like that of
ShriTombi (kindly see Transfer Sheet No.3).
The distribution of votes of ShriGyanDev Kumar as shown in Transfer Sheet No.3
was posted in column 7 of the Result Sheet and the total votes of all candidates as a
result of this distribution was shown in column 8 thereof.
From column 8 of Result Sheet, it may be seen that no further candidate was
elected. Therefore, Returning. Officer announced that No. 6—Shri Frank Mathew with
total 2045 votes was the lowest at the poll. Therefore, the Returning Officer proceeded
to eliminate Shri Frank Mathew counting.
VIII Distribution of Votes of Shri Frank Mathew
This was the Fifth Round of counting. The tray containing the votes of Shri Frank
Mathew was removed from the table and placed before the Returning Officer. The
continuing candidates whose trays remained on the table were 8 (excluding candidates
at SI. No. 1, 6, 7 and 9). The Returning Officer, therefore, proceeded to distribute the
votes of Frank Mathew to the 8 continuing candidates.
Frank Mathew got 3 packets. Main parcel containing 19 original votes of 100 value
each and the second parcel which was sub-parcel No. 1 contained one paper of 100 value
and the third parcel which was sub-parcel No. 2 contained one paper of 45 value. The
Returning Officer distributed votes in his 3 parcels as shown in Transfer Sheet No. 4. The
distribution was entered in column 9 and the result thereof in column 10 of the Result
Sheet. Even after this round of counting, no further candidate got elected. Therefore, the
Returning Officer eliminated candidate No. 10- Jaya Kumari who got only 2345 votes
and lowest at the poll.
IX Elimination of Jaya Kumari-Sixth Round of Counting
Kindly see Transfer Sheet No. 5. Jaya Kumari got a total two parcels, the main
parcel containing 23 votes of 100 value and the sub-parcel No.l got one vote of the value
of 45. First the Returning Officer distributed the votes in main parcel. Out of these 23
votes, ShriKalyanSundaram (No. 11) secured 700 votes. He already got 3,400 votes and
with the 700 votes his total came to 4,100 which was more than the quota required for
election. Therefore, after distributing the votes in main parcel of Jaya Kumari the tray of
ShriKalyanSundaram who secured the quota for election was removed because he
SHOULD NOT BE GIVEN ANY FURTHER VOTE FROM THE REMAINING SUB-PARCELS.
Returning Officer then distributed the one vote in Sub Parcel No. 1. Thereafter, the
distribution of all votes of Jaya Kumari was entered in Transfer Sheet No.5 and the
Result Sheet (columns 11 and 12). After noting the result of this round in the Result
Sheet , the Returning Officer announced that No. 11 KalyanSundaram was elected and
against his name in the Result Sheet, it was noted as "ELECTED-II" in COLUMN 21.
 At this stage, before taking up of ELIMINATION of any other candidate, the
Returning Officer had to distribute the surplus votes of ShriKalyanSundaram who
secured total 4,100 votes. The quota being 4043, the surplus was 4100-4043=57
X Distribution of surplus of ShriKalyanSundaram
This was the 7th Round of Counting. Shri K.S. got his surplus from the last sub-
parcel (No.3)) in which he got 7 votes of 100 values. Therefore, for the purpose of
distribution of his surplus, the Returning Officer had to take into account the 7 votes in
the last sub-parcel only.
The Returning Officer examined the 7 ballot paper and found that one was marked
to Hari Shankar and 6 were to LalitaKumari. Therefore, all 7 were marked to continuing
candidates. Therefore, the NEW VALUE of these 7 papers was calculated as follows
(kindly see item No. V of this note). Surplus was 57 and the ballot papers transferred
were 7 (see Transfer Sheet no. 6). The New Value was
= 57 =8(ignore fraction)
7
The total value =7X8=56 (57-56=1 and this one was the "loss of value due to
neglect of fraction"). Thus, the 7 ballot papers were distributed at a new value of 8 each.
This was noted in columns 13 and 14 of the Result Sheet.
After distribution of surplus of KalyanSundaram, no other candidate got quota.
Therefore, again the Returning Officer had to eliminate the candidate lowest at the poll.
XI. Eighth Round of Counting: Elimination of No.3
Candidate No.3 Shri Chandra Mohan with 2,680 votes was the lowest at the poll.
Returning Officer eliminated him and distributed his votes in main parcel and sub-parcel
Nos. 1,2 and 3. Kindly see Transfer Sheet No. 7 and columns 15 and 16 of the Result
Sheet. From the 22 original votes of Shri CM., ShriBaldev Singh secured 400 votes from
the main parcel. He already got 3,835 votes which have now become 3,835+400=4,235.
Thus he secured the quota required for election. Therefore, he was not entitled for any
further vote from the remaining 3 sub-parcel of Shri Chandra Mohan. ShriBaldev Singh's
tray was, therefore, kept aside. Thereafter, the Returning Officer distributed the 3 sub-
parcels of Chandra Mohan one after the other. After distribution of all votes, the result of
this round was entered in the Result Sheet at columns 15 and 16. ShriBaldev Singh was
shown as ELECTED-III in column 21.
Before taking up further counting, the surplus of ShriBaldev Singh was to be
distributed.
XII. Ninth Round of Counting : Distribution of surplus of ShriBaldev Singh
ShriBaldev Singh got total 4,135 votes and thus he got 192 votes as surplus (4,235-
4,043=192). Kindly see Transfer Sheet No.8. The last sub-parcel of ShriBaldev Singh
contained 4 ballot papers out of which he got surplus of 192. All 4 ballot papers were
marked to continuing candidates. Therefore, the New Value of the 4 ballot papers was
192 divided by 4=48. The result after transfer of surplus of ShriBaldev Singh may be
seen at columns 17 and 18 of the Result Sheet.
After distribution of surplus of ShriBaldev Singh the over all position of candidates
was as follows:
ELECTED
ShriAmit Kumar (No. 1)-Elected I
ShriK.Sundaram (No. ID-Elected II
ShriBaldev Singh (No. 2)-Elected III
ELIMINATED
ShriImitoTombi (No. 9)
ShriGyanDev Kumar (No.7)
Shri Frank Mathew (No.6)
 Kum. Jaya Kumari (No. 10)
Shri Chandra Mohan (No. 3)
Thus out of 6 seats, 3 seats have already been filled. Out remaining 9 candidates 5
were already eliminated. Now remained 4 candidates as continuing candidates and out
of these 4, 3 were to be elected. Therefore, only one of them was to be eliminated. The 4
continuing candidates were:
No. 4 -Dwaraka Das
No. 5-Ela Joseph
No. 8-Hari Shankar
No. 12-Lalita Kumari
Out of the 4 above, Hari Shankar with 3,388 votes was the lowest at the poll
Therefore, he had to be eliminated.
XIII. Tenth and Last Round of counting: Elimination of Hari Shankar
The Returning Officer took up the last round of counting and eliminated ShriHari
Shankar. Kindly. See Transfer Sheet No.9.
ShriHari Shankar got total 9 parcels (one main parcel and 8 sub-parcels). From his
main parcel of 23 votes of 100 value each, Dwaraka Das secured 400, Ela Joseph secured
700 and LalitaKumari secured 300 votes. After the transfer of main parcel, both
ElaJosheph and LalitaKumari got elected. Therefore, they were not given any further
vote from the sub-parcles. Thereafter after receiving one vote of 45 value from sub-
parcel 1 and one vote of 100 value from sub-parcel 2, Dwaraka Das also got the quota
and elected. Therefore, the Returning Officer closed the counting after transferring up to
sub-parcel No. 2 of Hari Shankar. With this, the remaining three seats were also filled.
The result was entered in column 19 and 20 of the Result Sheet. Column 21 was also
filled up showing the order of election and elimination. Then the Returning Officer
declared the 6 candidates as elected, vide note below the Result Sheet. The Returning
Officer signed the Result Sheet and affixed his seal. Thus the counting ended.
 RESULT SHEET

Total valid votes:283 No. of seats to be filled :-6

Value of each vote:100 Quota = Total value of valid votes+1
Total value of valid votes= 28,300 No. of seats +1

i.e., 28,300 +1 = 4043

6+1
Name of candidate Value Distribution Result Deistribution Result Distribution Result Distribution Result Distribution of
of of surplus of of votes of 9- of 7-G.D of 6-Frank votes of 10-
votes 1. Amit K. Imito Tombi Kumar Mt Jaya Kumari
at first
count
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
1. Amit Kr 4900 (-) 857 4043 -- -- 4043 -- -- 4043 -- -- 4043 -- --
2. Baldev Singh 2700 (+) 90 2790 (+) 445 3235 -- -- 3235 (+) 300 3335 (+) 300
3. Chandra. 2200 (+) 180 2380 -- -- 2380 -- -- 2380 (+) 100 2480 (+) 200
Mohan
4. Dwarka Das 2200 (+) 180 2380 (+) 45 2425 -- -- 2425 (+) 100 2525 (+) 200
5. E. Joseph 2300 (+) 90 2390 -- -- 2390 (+) 100 2490 (+) 400 2890 (+) 45
6. F. Mathew 1900 ---- --- 1900 -- -- 1900 (+) (145) 2045 (-) 2045 -- -- --
7. GyanDev 1800 (+) 45 1845 -- -- 1845 (-) 1845 -- -- -- -- -- --
Kumar
8. Hari 2300 (+) 135 2435 (+) 100 2535 -- -- 2535 (+) 245 2780 (+) 200
Shankar
9. I. Thambi 1100 (+) 90 1190 (-) 1190 -- -- -- -- -- -- -- -- --
10. Jaya Kumari 2300 (+) 45 2345 -- -- 2345 -- -- 2345 -- -- 2345 (-) 2345
11. K. Sundaram 2500 --- --- 2500 -- -- 2500 (+) 800 3300 (+) 100 3400 (+) 700
12. LalitaKumari 2100 --- --- 2100 (+) 300 2400 (+) 800 3200 (+) 400 3600 (+) 300
Non Transferable papers
Loss due to -- 2 -- 2 -- 300 302 -- -- 302 -- 400 702 -- 400
fraction/
Exhausted votes
Total 28,300 20,300 20,300 28,300 20,300
 RESULT SHEET

Name of candidate Result Distribution Result Deistribution Result Distribution Result Distribution Result Remarks
(B.F. from pre- of surplus of of votes of 3- of 2-Baldev of 8 Hari S.
page) 11-K C. Mohan
Sundaram.
12. 13. 14. 15. 16. 17. 18. 19. 20. 21.
1. Amit Kr 4043 -- -- 4043 -- -- 4043 -- -- 4043 -- -- 4043 Elected-I
2. Baldev Singh 3835 -- -- 3835 (+) 400 4235 (-) 192 4043 -- -- 4043 Elected-III
3. Chandra. 2680 -- -- 2680 (-) 2680 -- -- -- -- -- -- -- Eliminated-V
Mohan
4. Dwarka Das 2725 -- -- 2725 (+) 800 3525 (+) 48 3573 (+) 545 4118 Elected –VI
5. E. Joseph 2935 -- -- 2935 (+) 745 3680 (+) 144 3824 (+) 700 4524 Elected-IV
6. F. Mathew -- -- -- -- -- -- -- -- -- -- -- -- -- Eliminated-III
7. GyanDev -- -- -- -- -- -- -- -- -- -- -- -- -- Eliminated-II
Kumar
8. Hari 2980 (+) 8 2988 (+) 400 3388 -- -- 3388 (-) 3380 -- Eliminated-VI
Shankar
9. I. Thambi -- -- -- -- -- -- -- -- -- -- -- -- -- Eliminated-I
10. Jaya Kumari -- -- -- -- -- -- -- -- -- -- -- -- -- Eliminated-IV
11. K. Sundaram 4100 (-) 57 4043 -- -- 4043 -- -- 4043 -- -- 4043 Elected-II
12. LalitaKumari 3900 (+) 48 3948 (+) 45 3993 -- -- 3993 (+) 300 4293 Elected-V
Non Transferable papers
Loss due to 1102 -- 1 1103 -- 290 1393 -- -- 1393 -- 1843 3236
fraction/
Exhausted votes
Total 28,300 28,300 28,300 28,300 28,300
I declare that: 1. ShriAmit Kumar, 2. ShriKalyansundaram, 3. ShriBaldev Singh, 4. Miss Ela Joseph, 5. Smt. Lalita Kumar and 6. ShriDwaraka
Das have been duly electded to fill the 6 seats in the Council.
NewDelhi:
Dated : .......................
 TRANSFER SHEET NO.l
Transfer of Surplus votes of ShriAmit Kumar
(elected candidate)
I. (a) Total value of votes : 4900
(b) Quota : 4043
(c) Value of surplus votes (a-b) : 857*
II. (a) Total No. of ballot papers in the
main parcel/last sub-parcel to be
further transferred : 49
(b) Value of each such ballot paper in
that parcel/sub-parcel : 100
(c) No. of exhausted ballot papers : 30
(d) No. of unexhausted ballot paper
actually transferred (a-c) : 19
(e) New transfer value of each
such transferred ballot 857 or 45
19
(f) Total value of transferred ballot papers : 855
(g) Loss of value due to neglect of
fraction/exhausted ballot papers : 2

III. Distribution of votes among continuing candidates

SI. No. and name of candidate value of votes
obtained
2. Baldev Singh 2 X 45 =90
3. Chandra Mohan 4 X 45 =180
4. Dwaraka Das 4 X 45 = 180
5. Ela Joseph 2 X 45 = 90
7. GyanDevKumar 1 X 45 = 45
8. HariShankar 3 X 45 = 135
9. Imito Tombi 2 X 45 = 90
10. Jaya Kumari 1 X 45 = 45
19X 45 = 855
Loss due to fraction =2
 TRANSFER SHEET NO. 2
SI.No. and name of candidate eliminated-9 ImitoTombi
Total value of votes : 1190
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 11 2 13
transferred
2. Value of each ballot Paper 100 45
3. Value of votes to be transferred 1100 90 1190
4. No. of ballot papers actual 8 2 10
transferred
5. Value of transferred votes 800 90 890
6. No. of Exhausted ballot papers 3 -- 3
7. Value of exhausted ballot 300 -- 300
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

BALDEV SINGH 400 45 -- -- 445

DWARAKA DAS -- 45 -- -- 45
HARI SHANKER 100 -- -- -- 100
LALITA KUMARI 300 -- -- -- 300
 TRANSFER SHEET NO. 3
SI.No. and name of candidate eliminated-7 GyanDev Kumar
Total value of votes : 1845
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 18 1 19
transferred
2. Value of each ballot Paper 100 45
3. Value of votes to be transferred 1800 45 1845
4. No. of ballot papers actual 8 1 19
transferred
5. Value of transferred votes 1800 45 1845
6. No. of Exhausted ballot papers -- -- --
7. Value of exhausted ballot -- -- --
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

ELA JOSEPH 100 -- -- -- 100

MATHEW 100 45 -- -- 145
SUNDARAM 800 -- -- -- 800
LALITA KUMARI 800 -- -- -- 800
1800 45 1845
 TRANSFER SHEET NO. 4
SI.No. and name of candidate eliminated-6- Frank Mathew
Total value of votes : 2045
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 19 1 1 21
transferred
2. Value of each ballot Paper 100 100 45
3. Value of votes to be transferred 1900 100 45 2045
4. No. of ballot papers actual 15 1 1 17
transferred
5. Value of transferred votes 1500 100 45 1645
6. No. of Exhausted ballot papers 4 -- -- 4
7. Value of exhausted ballot 400 -- -- 400
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

BALDEV SINGH 300 300

CHANDRA MOHAN 100 100
DWARAKA DAS 100 100
ELA JOSEPH 400 100 45 400
HARI SHANKAR 100 245
KALYAN SUNDARAM 100 100
LALITA KUMARI 400 ______ _____ 400
1500 100 45 1645
 TRANSFER SHEET NO. 5
SI.No. and name of candidate eliminated-10 Jaya Kumari
Total value of votes : 2345
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 23 1 24
transferred
2. Value of each ballot Paper 100 45 --
3. Value of votes to be transferred 2300 45 2345
4. No. of ballot papers actual 19 1 20
transferred
5. Value of transferred votes 1900 45 1945
6. No. of Exhausted ballot papers 4 -- 4
7. Value of exhausted ballot 400 -- 400
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

BALDEV SINGH 300 -- -- -- 300

CHANDRA MOHAN 200 -- -- -- 200
DWARAKA DAS 200 -- -- -- 200
ELA JOSEPH -- 45 -- -- 45
HARI SHANKAR 200 -- -- -- 200
KALYAN SUNDARAM 700 ELECTED-II -- -- -- 700
LALITA KUMARI 400 -- -- -- 300
1500 45 -- 1945

Total is wrong
 TRANSFER SHEET N0.6
Transfer of Surplus votes of Kalyan
Sundaram (elected candidate)
I. (a) Total value of votes : 4100
(b) Quota : 4043
(c) Value of surplus votes (a-b) : 57*
II. (a) Total No. of ballot papers in
the last sub-parcel to be further transferred: 7
(b) Value of each such ballot paper in
that parcel/sub-parcel : 100
(c) No. of exhausted ballot papers : —
(d) No. of unexhausted ballot paper actually
transferred (a-c) : 7*
(e) New transfer value of each such
transferred ballot paper : 8
56
*57
*7
(f) Total value of transferred ballot papers :
(g) Loss of value due to neglect of
fraction/exhausted ballot papers : 1
III. Distribution of votes among continuing candidates
SI. No. and name of candidate value of votes obtained
8. Hari Shankar 1X8=8
12. LalitaKumari 6 X 8 = 48
 TRANSFER SHEET NO. 7
SI.No. and name of candidate eliminated-3 Chandra Mohan
Total value of votes : 2680
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 22 4 2 29
transferred
2. Value of each ballot Paper 100 45 100 --
3. Value of votes to be transferred 2200 180 200 2680
4. No. of ballot papers actual 20 2 2 25
transferred
5. Value of transferred votes 2000 90 200 2390
6. No. of Exhausted ballot papers 2 2 -- 4
7. Value of exhausted ballot 200 90 -- 290
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

BALDEV SINGH 400 ELECTED III -- -- -- 400

DWARAKA DAS 700 -- 100 -- 800
ELA JOSEPH 500 45 -- 200 745
HARI SHANKAR 400 -- -- -- 400
LALITA KUMARI -- 45 -- -- 45
2000 90 100 200 2390
 TRANSFER SHEET NO.8
Transfer of Surplus votes of 2-Baldev Singh (elected
candidate)
I. (a) Total value of votes : 4235
(b) Quota : 4043
(c) Value of surplus votes (a-b) : 192*
II. (a) Total No. of ballot papers in the last
sub-parcel to be further transferred : 4
(b) Value of each such ballot paper in
that sub-parcel : 100
(c) No. of exhausted ballot papers : —
(d) No. of unexhausted ballot paper
actually transferred (a-c) : 4**192
*4
(e) New transfer value of each such
transferred ballot : 48
(f) Total value of transferred ballot papers : 192
(g) Loss of value due to neglect of
fraction/exhausted ballot papers : _
III. Distribution of votes among continuing candidates
SI. No. and name of candidate value of votes obtained
5. Ela Joseph 3 X 48 =144
4. Dwaraka Das 1 X 48 = 48
 TRANSFER SHEET NO. 9
SI.No. and name of candidate eliminated- 8- ShriHari Shankar
Total value of votes : 3388
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 23 3 1 1 1 1 2 1 4 37
transferred
2. Value of each ballot Paper 100 45 100 100 100 45 100 8 100
3. Value of votes to be 2300 135 100 100 3388
transferred
4. No. of ballot papers actual 14 1 1 Not transferred 16
transferred
5. Value of transferred votes 1400 45 100 As requisite No. of candidates 1545
6. No. of Exhausted ballot 9 2 -- Got elected 22
papers
7. Value of exhausted ballot 900 90 -- 100 100 45 200 8 400 853
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

DWARAKA DAS 400 45 100 -- 545 ELECTED-VI

ELA JOSEPH 700 -- -- 745 IV
LALITA KUMARI 300 -- -- 45 V
1400 45 100 -- 1545
 ANNEXURE XII-B

Notice to Candidates or their Election Agents regarding the Date, Time and Place for
Counting

Election to the Council of States

................................................................................ Legislative Council
................................................................................ Constituency

In pursuance of rule 55 of the Conduct of Election Rules, 1961, I hereby give notice
that I have, in accordance with the said rule, fixed the …………………. day of …………………
(month) 20………….a.m/p.m. as the date and time for the counting of votes for the above
election and …………………. as the place for such counting.

Place…………….. Signature…………….
Date……………… Returning Officer…….

To

All candidates or their election agents.

 ANNEXURE XII-C

Appointment of Counting Supervisors/Assistants

Election to the Council of States

........................................... Legislative Council
.......................................... Constituency

I .................. (name) ................................................ (designation) appoint the persons whose

names are specified below to act as Counting Supervisors/Assistants and to attend at
.................................................. for the purpose of assisting me in the counting of votes at the said
election.
1....................................................
2 ...................................................
......................................................
......................................................

Place ......................... Signature ..........................

Date ......................... Returning Officer .............
 ANNEXURE XII-D

Election to the Council of States/Legislative

Council by Members of ------- Legislative Assembly

Statement showing the No. of ballot papers taken out of the ballot box(es), postal ballot
papers and ballot papers found valid and rejected

1. No. of ballot papers taken out

of the ballot box(es) ------------

2. No. of Postal ballot papers taken

out of covers under rule 54A (7) -------------
Total

3. No. of ballot papers rejected -------------

4. No. of ballot papers found valid -------------

 ANNEXURE XII-E

(Sample Form when one seat is to be filled)

TRANSFER SHEET NO.
(To be used for distribution of votes of
excluded candidate)
Name of candidate excluded : M
Total value of votes : 41
Main Sub-parcels
parcel 1 2 3 4 5 6 etc
1. No. of ballot papers to be transferred 29 3 4 2 1 1 1 =41
2. Value of each ballot paper 1 1 1 1 1 1 1
3. Value of votes to be transferred 29 3 4 2 1 1 1 =41
4. No. of ballot papers actually 27 3 2 2 - - 1
transferred
5. Value of transferred votes 27 3 2 2 - - 1 =35
6. No. of exhausted ballot papers 2 - 2 - 1 1 - =6
7. Value of exhausted ballot papers 2 - 2 - 1 1 - =6
Distribution of votes

Name of Continuing Value of votes obtained by transfer of ballot paper from

Candidate Main Parcel Sub-parcels
1 2 3 4 5 6 Etc. Total
A 1 - 1 - - - - = 2
B 3 - - - - - - = 3
C 4 - - - - - - = 4
D - - 1 - - - - = 1
K - 2 - - - - - = 2
N 17 - - 2 - - 1 = 20
Y 1 - - - - - - = 1
Z 1 1 - - - - - = 2
Total 27 3 2 2 - - 1 35
 ANNEXURE XII-F

Election to ................................
Account of votes received by Y (candidate)
Main Parcel/ Sub- Name of No. of ballot Value of each Total value
parcel candidate from papers ballot paper
whom
transferred
Main Parcel 40 100 4000
(Original votes
Sub-parcel (1) G 3 23 69
Sub-parcel (2) H 1 100 100
Sub-parcel (3) M 8 15 120
Sub-parcel (4) K 11 100 1100
Sub-parcel (5) K 14 7 98
5487
 SAMPLE FORM
ANNEXURE XII-G

(To be used for distribution of surplus votes of

elected candidate)
TRANSFER SHEET NO. 1
Transfer of Surplus votes of ShriAmit Kumar (elected
candidate)
1. (a) Total value of votes : 4900
(b) Quota : 4043
(c) Value of surplus votes (a-b) : 857

II. (a) Total No. of ballot papers in the main

parcel/last sub-parcel to be further
transferred : 49
(b) Value of each such ballot paper
in that parcel/sub-parcel : 100
(c) No. of exhausted ballot papers : 30
(d) No. of unexhausted ballot papers
actually transferred (a-c) : 19
(e) New transfer value of each such
transferred ballot : 857or45
19
(f) Total value of transferred ballot papers : 855
(g) Loss of value due to neglect of
fraction/exhausted ballot :2

III. Distribution of votes among continuing candidates

SI.No. and name of Value of votes
candidate obtained

2. Baldev Singh 2 x 45 = 90
3. ChandraMohan 4 x 45 = 180
4. Dwaraka Das 4 x 45 = 180
5. Ela Joseph 2 x 45 = 90
7. GyanDevKumar 1 x 45 = 45
8. HariShankar 3 x 45 = 135
9. Imito Tombi 2 x 45 = 90
10 .Jaya Kumari 1 x 45 = 45
19 x 45 = 855
Loss due to fraction = 2
 SAMPLE FORM
ANNEXURE XII-H

(To be used for distribution of votes of excluded candidate)

TRANSFER SHEET NO. 2

SI.No. and name of candidate eliminated-9 ImitoTombi
Total value of votes : 1190
Main Sub-parcels
Parcel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
1. No. of ballot papers to be 11 2 13
transferred
2. Value of each ballot Paper 100 45
3. Value of votes to be transferred 1100 90 1190
4. No. of ballot papers actual 8 2 10
transferred
5. Value of transferred votes 800 90 890
6. No. of Exhausted ballot papers 3 -- 3
7. Value of exhausted ballot 300 -- 300
papers

DISTRIBUTION OF VOTES
CANDIDATE MAIN PARCEL SUB-PARCEL SUB-PARCEL SUB-ARCEL TOTAL
_____________ _____________ ______1____ _____ 2______ _____3____ _______

BALDEV SINGH 400 45 -- -- 445

DWARAKA DAS -- 45 -- -- 45
HARI SHANKER 100 -- -- -- 100
LALITA KUMARI 300 -- -- -- 300
 ANNEXURE XII-I
No.----------------- Dated……
To
From:
PROFORMA FOR SEEKING PERMISSION FOR DECLARATION OF RESULT

Name of State : -------------------------------------------

Time of Report : -------------------------------------------
1. Complaints received, if any from Candidates or :
their agents about any tamper with seals of
ballot boxes and the manner of enquiry and
disposal and decision thereon.
2. Any unusual features found during the counting :
leading to suspicion of irregularities and decision
thereon.
3. Request from candidates for recounting of votes, :
their grounds alongwith the decision of the
Returning Officer.
4. (a) Total No. of Electors
(b) Total number of votes cast
(c) Total No. of valid votes polled
(d) Total No. of invalid/ rejected votes
(e) Total No. of tendered votes
(f) Quota fixed for the Election............
(g) Number of valid votes secured by each contesting :
candidates (Give the detail in the table below)
S.No. Name of Candidates Party affiliation Number of valid
If any votes polled after
last round of counting *
-----------------------------------------------------------------------------------------
1.
2.
.. --------------------------------------------------------------------------------------
* ( For more than one round of counting, enclose counting sheet separately)
5. Any other unusual feature :
6. Recommendation of the Returning Officer
alongwith the reasons for such recommendations :

Place : ________ SIGNATURE OF RETURNING OFFICER

Date : _________ Tel. No.------------------------
Fax No. --------------------------

0
 SAMPLE FORM
ANNEXURE XII-J

FORM 16
[See rules 45, 56(7) and 56A(7)
PART-I BALLOT PAPER ACCOUNT
Election to the Maharashtra Legislative Council
from Greater Bombay (Graduates’) Constituency
Number and Name of Polling Station—45
Serial Nos. Total No.
From To
1. Ballot Papers received 34201 35080 880
2. Ballot papers unused:
(i.e., not issued to voters
(a)With the signature of 34975 34980 6
Presiding Officer
(b) Without the Signature of
Presiding Officer 34981 35078 96
104
3. *Ballot papers used at the 776
Polling Station (1-2=3)
4. Ballot papers used at the
Polling Stations but NOT
INSERTED INTO THE BALLOT
BOX:
(a) Ballot papers cancelled
for violation of voting
procedure under rule 39A 34344 1
(b) Ballot papers cancelled 34288 4
for other reasons 34601
34777
34780
(c) Ballot papers used as 35080
tendered ballot papers 35079 2
*Total (a+b+c): 7
5. Ballot papers to be found in the 769
ballot box (3-4=5)
Serial numbers need not given.
Sd/-
Signature of the Presiding Officer
Part II-Result of Counting
I. Name of candidate. Number of valid votes cast
1.
2.
3.
4.
5.
etc.
II. Rejected Ballot Papers
III.Total 769
Whether the total number of ballot papers No
shown against item No.III above tallies discrepancy
with the total shown against item No.5
of Part I or any discrepancy noticed
between these two totals.

Place........... Sd/-
Date............. Signature of Counting
Supervisor

Place................ Sd/-
Date................. Signature of the
Returning Officer
 ANNEXURE XII-K

Statement showing the number of ballot

papers taken out of the ballot boxes, postal
ballot papers and ballot papers found valid
and rejected
Election to..........................
I. No. of ballot papers taken out of ballot boxes and
postal ballot papers
SI. No. of No. of ballot papers
polling station taken out of the ballot boxes
1.
2.
3.
4.
5.
etc.
------------------------------
Total

No. of postal ballot

papers taken out of
covers under rule 54A(7) -------------------------------

Grand Total
II. No. of ballot papers rejected
III. No. of valid ballot papers
 ANNEXURE XIII-A

SPECIMEN TELEGRAM
(To be used at an Election by Assembly Members)
IMMEDIATE
ELECCOM
NEW DELHI

BIENNIAL ELECTION 1992 TO COUNCIL OF STATES BY MEMBERS OF

.................................. (NAME OF STATE) LEGISLATIVE ASSEMBLY (STOP) TOTAL VOTES
POLLED TWO HUNDRED NINETY ONE (STOP) VOTES REJECTED ONE (STOP) VALID
VOTES TWO HUNDRED NINETY (STOP) NUMBER OF CANDIDATES TO BE ELECTED
SLX (STOP) SHRIX (NAME OF PARTY) SHRIM (NAME OF PARTY) SHRIMATIK (NAME
OF PARTY) SHRI J (NAME OF PARTY) SHRI C (NAME OF PARTY) AND SHRIH (NAME OF
PARTY) DECLARED ELECTED (STOP)
 ANNEXURE XIII-B

SPECIMEN TELEGRAM
(For Election in Council Constituency)
IMMEDIATE
ELECCOM
NEW DELHI

BIENNIAL ELECTION 1992 TO BIHAR LEGISLATIVE COUNCIL. (STOP)

................................. (NAME OF CONSTITUENCY) TEACHERS’ CONSTITUENCY (STOP)
TOTAL ELECTORS FIVE THOUSAND NINE HUNDRED EIGHTY FIVE (STOP) VOTES
POLLED THREE THOUSAND EIGHT HUNDRED SEVENTY SLX (STOP) VOTES REJECTED
ONE HUNDRED EIGHTEEN (STOP) VALID VOTES THREE THOUSAND SEVEN HUNDRED
FIFTY EIGHT (STOP) NUMBER OF SEATS TO BE FILLED ONE (STOP) SHRI X (NAME OF
PARTY) DECLARED ELECTED (STOP)
 ANNEXURE XIV-A

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By a Candidate
FROM
Name...................................
Address ...............................
To
The Returning Officer for Election to the Council of States by Members
of..........................Legislative Assembly.
Subject : Return of deposit under section 158 of the Representation of the People
Act, 1951.

Sir,
1. I was a candidate for election to the Council of States by Members of........................
Legislative Assembly.
2. I made a deposit of Rs ...............................................for that election in the Treasury
under receipt No .........................
........................... on........................................ *in cash with Returning Officer on.......................
3. My nomination paper was accepted/rejected by the Returning Officer.
4. I *withdrewmy candidature in time.
did not withdraw
5. I *was elected and secured more than one-sixth of the
was not
vote sufficient to secure the return of a candidate at that election.
6.1 request that the deposit referred to in paragraph 2 may be returned to me.
7.1 hereby declare that all the statements made in this application are true to my
knowledge.

Yours faithfully,
Place.......
Date........
(Signature of Candidate)
*Strike off the words not applicable in your case.
 ANNEXURE XIV-B

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By a Depositor when he is not the Candidate
FROM
Name ...................................
Address................................
.............................................

To
The Returning Officer for Election to the Council of States by Members of.
........................ Legislative Assembly.
Subject : Return of deposit under section 158 of the Representation of the People
Act, 1951.
Sir,
1 ...........................(Name of the candidate) was a candidate for election to the Council
of States by Members of....................... Legislative Assembly.
2. On behalf of the said candidate, I made a deposit of Rs............ for that election in
the .....................Treasury under receipt No .........................on...............*in cash with Returning
Officer on.........
3. His nomination paper was *accepted by Returning Officer
rejected
4. He * withdrewhis candidature in time.
did not withdraw
5. He *was elected and secured more than one-sixth of the
was not
vote sufficient to secure the return of a candidate at that election
6. I request that the deposit referred to in paragraph 2 may be returned to me.
7. I hereby declare that I have verified all the statements made in this application,
and they are true to my knowledge.

Yours faithfully,
Place.......
Date....... (Signature of Applicant)

I ................................the above mentioned candidate at the aforesaid election hereby

certify that the statements contained in paragraphs 2 to 5 of this application are true to
my knowledge.
Yours faithfully,
Place .......
Date........ (Signature of Candidate)
*Strike off the words not applicable in your case.
 ANNEXURE XIV-C

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By the Legal Representative of the Candidate
FROM
Name...... .............................
Address ...............................

To
The Returning Officer for Election to the Council of States by Members
of..........................Legislative Assembly.
Subject : Return of deposit under section 158 of Representation of the People Act,
1951.
Sir,
1. The late Shri ....was a candidate for election to the Council of States by Members
of......... ...........................Legislative Assembly. He died on the......................and I am his legal
representative.
2. He made a deposit of Rs.................... for that election, in the .......Treasury under
receipt No ...............on .......................*in cash with Returning Officer on .........................
3. His nomination paper was *accepted by Returning Officer
rejected
4. He *withdrewhis candidature in time.
did not withdraw
5. He *was elected and secured more than one-sixth of the
was not
vote sufficient to secure the return of a candidate at that election
6.I request that the deposit referred to in paragraph 2 may be returned to me.
7. I hereby declare that all the statements made in this application are true to my
knowledge.

Yours faithfully,
Place........
Date ........ (Signature of Applicant)
*Strike off the words not applicable in your case.
 ANNEXURE XIV-D

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By a Candidate
FROM
Name.......................................
Address...................................

To
The Returning Officer for Election to the ..........................Legislative Council.
Subject : Return of deposit under section 158 of the Representation of the People Act,
1951.
Sir,
1. I was a candidate for *biennial/*bye-election to the................................. „ ....
Legislative Council*by Members of State Legislative Assembly/from the.............................
Constituency.
2. I made a deposit of Rs....................................for that election in the Treasury under receipt
No .......................on ...........................*in cash with the Returning Officer on...................
3. My nomination paper was *accepted by Returning Officer
rejected
4. I *withdrewmy candidature in time.
did not withdraw
5. I *was elected and secured more than one-sixth of the
was not
votes sufficient to secure the return of a candidate at that election
6.I did not stand as a candidate from any other Council Constituency of this
biennial election
Or,
[6. (a) I stood as a candidate at this biennial election also from the
(i) ................... Council Constituency
(ii) .................... Council Constituency
(iii) ..................Council Constituency.
(b) I have not applied for the return of my deposit in any of these other
Constituencies. The deposits made in these other Constituencies may be forfeited.]
7.1 request that the deposit referred to in paragraph ‘2’ may be returned to me.
8.1 hereby declare that all the statements made in this application are true to my
knowledge.

Yours faithfully,
Place ........
Date ........ (Signature of Candidate)
* Strike oft the words not applicable in your case.
Omit the portion within [ ] as necessary.
 ANNEXURE XIV-E

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By a Depositor when he is not the Candidate
FROM
Name ...................................
Address................................

To
The Returning Officer
..................................
Subject : Return of deposit under section 158 of the Representation of the
People Act, 1951.
Sir,
1 ...................... (Name of the candidate) was a candidate for biennial/bye-election
election to the ...............Legislative Council by* members of State Legislative
Assembly/from the................................Constituency.
2. On behalf of the said candidate, I made a deposit of Rs.................. for that election
in the ......................Treasury under receipt No ................/in cash with Returning Officer
on........................
3. His nomination paper was *accepted by Returning Officer
rejected
4. Hewithdrewhis candidature in time.
did not withdraw
5. He was elected and secured more than one-sixth of the
was not
vote sufficient to secure the return of a candidate at that election
6. He did not stand as a candidate at the said biennial election from any other
Council Constituency.
Or,
[6. (a) He stood as a candidate at the said biennial election also from the—
(i) ....................Council Constituency
(ii) ....................Council Constituency
(iii) ...................Council Constituency.
(b) No application has been made for the return of the deposits made in
connection with the elections in these other Constituencies. The deposits made in these
other Constituencies may be forfeited.]
7.1 request that the deposit referred to in paragraph ‘2’ may be returned to me.
8. I hereby declare that I have verified all the statements made in this application
and they are true to my knowledge.

Yours faithfully,
Place.........
Date......... (Signature of Applicant)
*Strike off the words not applicable in your case.
I,.................................. , the above mentioned candidate at the aforesaid election hereby
certify that the statements contained in paragraphs 2 to 6 of this application are true to
my knowledge.

Place......... Yours faithfully

Date.......... (Signature of Candidate)
Omit the portion within [ ] as necessary.
 ANNEXURE XIV-F

APPLICATION FOR REFUND OF DEPOSIT

MADE UNDER SECTION 34 READ WITH
SECTION 39(2) OF THE REPRESENTATION
OF THE PEOPLE ACT, 1951
By the Legal Representative of the Candidate
FROM
Name .............................: .......
Address...................................

To
The Returning Officer
...................................

Subject : Return of deposit under section 158 of the Representation of the People
Act, 1951.
Sir,
1. The late Shri...........................was a candidate for the biennial/bye-election election
to the.............................. Legislative Council by* members of the State Legislative
Assembly/from the....: .................................Constituency. He died on the ........................and I am
his legal representative.
2. He made a deposit of Rs....................... for that election in the......................... Treasury
under receipt No ...................... on.........................../in cash with the Returning Officer on
.........................
3. His nomination paper was *accepted by Returning Officer
rejected
4. He *withdrewhis candidature in time.
did not withdraw
5. He *was elected and secured more than one-sixth of the
was not
votes sufficient to secure the return of a candidate at that election
6. He did not stand as a candidate at the said biennial election from any other
Constituency.
Or,
[6. (a) He stood as a candidate at the said biennial election also from the
(i) ....................Council Constituency
(ii) .....................Council Constituency
(iii) ...................Council Constituency.
(b) No application has been made for the return of the deposits made in
connection with the elections in these other Constituencies. The deposits made in these
other Constituencies may be forfeited.]
7. I request that the deposit referred to in paragraph ‘2’ may be returned to me.
8. I hereby declared that all the statements made in this application are true to my
knowledge.

Yours faithfully,
Place ........
Date ........ (Signature of Applicant)
*Strike off the words not applicable in your case.
Omit the portions within [ ] necessary.

ANNEXURE XV-A

REPORT ON THE ELECTION BY THE

RETURNING OFFICER
1. Name of Constituency
(in Block Letters)

2. Date or dates of poll in

the Constituency :

3. Number of polling parties

deployed in the Constituency, the
composition of each party including
police or similar officers employed
for maintaining order at the polling
station :

4. Nature of the polling programme.

Single day poll. Constituency divided
into zones and polling completed one
after another with one/two days interval
for transit or single party took up polling
in adjacent polling stations on successive
2/3 days of alternative :

5. Total number of electors in the

Constituency—(i) men (ii)women :

6. Names of candidates nominated and the

choice of symbols party affiliation shown
by each in the nomination paper first
delivered by or on his behalf :
7. Number of nomination papers filed on
behalf of each candidate :
8. Names of candidates whose nomination
papers were rejected with brief reasons :

9. Names of candidates who withdrew their

nominations.

10. Names of contesting candidates together

with the description of their party affiliation :

11. Names of candidates (independents),

subsequent to the last date of
withdrawal joined some other party,
or some party claims that its candidate
is contesting the elections as a party candidate :

12. Number of polling stations located—

 (i) in Government and quasi-Government
buildings :
(ii) in private buildings:
(iii) in temporary structures:
Total :

13. Number of postal ballot papers :—

Returned back
Issued
In after prescribed undelivered
time
(a) Voters under preventive detention:
(b) Voters on election duty :

14. Names of polling stations, if any,

where poll was adjourned and repoll
was ordered and reasons for such
adjournment or repoll :
15. Number of electors who voted—
Men :
Women :
Total :

16. Number of illiterate, blind or infirm

voters who voted with the help
of companions :

17. Percentage of votes polled to total

electorate :

18. Date and time of commencement

of counting

19. Number of valid first preference votes

polled by each contesting candidate :

20. Number of votes rejected :

21. Challenged votes—

Total :
Number allowed :
Number rejected :
Amount forfeited :

22. Tendered votes— Total :

23. Date and time of declaration

of result :

24. Number of Polling Officers

recruited locally:
25. Number of candidates :
Party-wise (also independents
and others)—
(a) forfeited deposit :
(b) amount of deposit forfeited :

26. Number of candidates who were

their own election agents :

27. Number of election agents appointed :

28. Number of polling agents appointed :

29. Number of candidates who appointed

polling agents :

30. Number of counting agents appointed

by candidates :

31. Number of ballot boxes used and types

of ballot boxes used :

32. Number of paper seals used, if any:

33. Number of Electoral offences

with their details :—
Number of cases of—
(a) disorderly conduct at
election meetings:
(b) convening, holding or attending
public meetings within the
Constituency on a polling day:
(c) illegal hiring or procuring
of conveyance for the transport of
voters :
(d) canvassing within one hundred
metres of a polling station :
(e) impersonation of voters :
(f) fraudulent defacing, destroying
or removal of a list or notice or other
document at a polling station :
(g) bribing of voters :
(h) intimidation of voters
(and other persons) :

34. Mistakes and irregularities committed

by Presiding Officers :

35. Highest and lowest p o l l i n g — p o l l i n g

Station-wise:
36. (a) No. of votes cast—
from 7.30 a.m. to 9.30 a.m. :
from 9.30 a.m. to 11.30 a.m.:
from 11.30 a.m.to 1.30 p.m. :
from 1.30 p.m. to 3.30 p.m. and
as on
(b) Number of slips issued at the
closing hour of the poll:

37. Serious complaints, if any, made by

the candidates :

38.Number of cases of breach of law

and order:

39. Recounting of votes—

(i) Number of applications/requests
received for recounting in part or
intoto :
(ii) Number of applications/requests
Allowed for recounting in part or
intoto :
(iii) Result before recounting and
after recounting of votes :

40. Was the poll interrupted or obstructed by :

(1) riot,
(2) open violence,
(3) natural calamity,
(4) any other cause
Please give details of the above:

41. Was the poll vitiated by—

(1) any ballot box used at the polling
station having been unlawfully taken
out of the custody of the Presiding Officer—
(a) accidentally or intentionally destroyed
or lost :
(b) damagedor tampered with :
(2) the ballot papers having been unlawfully
marked by any person and deposited
in the ballot box:

42. Whether declaration have been made by all the

Presiding Officers before the commencement of
the poll and at the end of poll as necessary :
 ANNEXURE XV-B

LIST OF PAPERS FOR DESTRUCTION SIX

MONTHS AFTER THE DECLARATION OF
RESULT
1. Form of Notice (Form 1).
2. Notice of nomination (Form 3-A).
3. List of validly nominated candidates under rule 8
(Form 4).
4. Form of Notice of withdrawal ((Form 5).
5. Notice of withdrawal of candidatures (Form 5).
6. List of contesting candidates (Form 7-A).
7. Appointment of election agents (Form 8).
8. List of tendered votes (Form 15).
9. Appointment of polling and counting agents
(Forms 10 and 18).
10. Office copies of Form 18.
11. Revocation of the appointment of election agents, polling agents and counting
agents (Forms 9, 11 and 19).
12. Used electoral rolls at a polling station other than the marked copy [rule 31(3)].
13. Record kept by the Presiding Officers regarding voting by blind and infirm electors
(Form 14-A).
14. Packet containing cancelled ballot papers [rules 39(7) and 41].
15. Notes and record maintained by the Presiding Officer, the declarations made by the
polling agents and any other paper directed by the Returning Officer to be kept in
a sealed packet.
16. List containing names of persons under preventive detention (rule 21).
17. List of electors permitted to vote by postal ballot.
18. Applications made by persons subjected to preventive detention for permission to
vote by postal ballot received by the Returning Officers.
19. Application for postal ballot papers by electors employed on election duty (Form 12
and Form 12- A).
20. Postal ballot papers returned undelivered.
21. Applications made for re-issuing of postal ballot papers.
22. Applications for the recount of votes (rule 63).
23. Unused postal ballot papers with counterfoils.
24. Notice of counting of votes—time, place and date, etc.
25. Notice of inspection of accounts of election expenses.
26. Correspondence between the Returning Officer and the candidates and the election
or counting agents.
27. Application for allotment of symbols.
28. Damaged paper seals and unused paper seals including those received back from
the Presiding Officers by the Returning Officers.
29. General reports, diaries and memo, note-books from the Presiding Officers.
30. Notices under clauses (a) and (6) of sub-rule (1) of rule 31.
31. Packets containing objections by candidates and agents etc., in the course of poll and
counting of votes.
32. Sealed packet containing the proceedings drawn by the Returning Officer after
counting of votes.
33. Sealed packets containing check memos for counting of votes.
34. Certified extract of electoral rolls filed along with the nomination papers.
35. Forms of account of ballot papers.
36. Paper seal account.
37. Publicity material such as wall posters, hand bills and open statements issued by the
candidates at the election.
38. Election Duty Certificates (Form 12-B).
39. Declarations under rule 40(1).