Telangana Panchayat Raj Conduct of Elections Rules 2018

Rule No.	Marginal heading	Page No.
CHAPTER – I (Preliminary)
1	Short title and Application	1
2	Definitions	1-2
CHAPTER – II (General Provisions)
3	Administrative Machinery for the Conduct of Elections	3
4	Display of voters list	3
5	Issue of election notice by the Returning Officer	3
6	Special Election Programme	3
7	Nomination of Candidates	3-5
8	Presentation of Nomination Paper and Requirements of valid Nominations	5
9	Deposits	5-6
10	Publication of list of nominations received	6
11	Scrutiny of Nomination Papers	6-8
12	Appeal against rejection of Nomination	8
13	Withdrawal of candidature	8
14	Preparation and Publication of list of Contesting candidates	8-9
15	Declaration of Result of Uncontested Election	9-10
16	Death of candidate before poll	10-11
17	Appointment of Election Agent	11
18	Appointment of Polling Agent	11-12
19	Appointment of Counting Agent	12
20	Prohibition for appointment as Election Agent, Polling Agent and Counting Agent	12-13
21	Rights of candidates and his Election Agent	13
22	Non-attendance of Agents	13
CHAPTER – III ( Postal Ballot )
23	Voting by postal ballot	13
24	Electors under preventive detention	13-14
25	Intimation by voters on election duty	14
26	Form of Postal Ballot Paper	14-15
27	Issue of Postal Ballot Paper	15
28	Recording of Vote	15-16
29	Assistance to illiterate or infirm voters	16
30	Re-issue of Ballot Paper	16
31	Return of Ballot paper	16-17
32	Safe custody of postal ballots	17
CHAPTER – IV(Voting by Ballot)
33	Voting at Polling Station	17
34	Right to vote (Voting to be in person)	17
35	Form of Ballot Paper	17
36	Arrangements at polling station	18
37	Admission to Polling Station	18
38	Preparation of Ballot Boxes	19
39	Demonstration of the marked copy of the electoral roll	19
40	Facilities for woman electors	19-20
41	Identification of electors	20
42	Facilities for public servants on election duty	20
43	Challenging of Identity	20-21
44	Safeguards against personation	21-22
45	Distinguishing Mark	22
46	Issue of ballot paper	22
47	Maintenance of secrecy of voting by electors and voting procedure	22-23
48	Recording of votes of Blind or infirm voters	23
49	Spoilt and returned ballot papers	23-24
50	Tendered votes	24
51	Closing of Poll and sealing of Ballot Boxes and covers after poll	24-25
52	Account of ballot papers	25
53	Delivery of ballot boxes to Returning Officer	25
54	Procedure on adjournment of poll	25-26
55	Fresh Poll in case of destruction of ballot boxes or Electronic Voting Machines	26
56	Counting of votes	26-27
57	Counting of Postal Ballot Papers	27-29
58	Grounds for rejection of ballot papers	29-30
59	Preparation of Results Sheet	30
60	Recount of Votes	30
61	Equality of Votes	30
62	Declaration of result of election and return of election	31
63	Grant of Election Certificate	31
64	Publication of Results	31
65	Sealing of used ballot papers	31
66	Disposal of Ballot Papers	31-32
CHAPTER – V (Voting by Electronic Voting Machines)
67	Design of Voting Machine	32
68	Preparation of Voting Machine by the Returning Officer	32-33
69	Arrangements at the Polling Stations	33
70	Admission to Polling Station	34
71	Preparation of voting machine for poll	34
72	Marked copy of electoral roll	34
73	Facilities for Women electors	35
74	Identification of electors	35
75	Facilities for public servants on election duty	35
76	Challenging of Identity	35
77	Safeguard against personation	35
78	Procedure for voting by voting machines	35-36
79	Maintenance of secrecy of voting by electors within the polling station and voting procedure	36
80	Procedure in case of complaint about particulars printed on paper slips	36-37
81	Recording of votes of blind or infirm electors	37
82	Elector deciding not to vote	38
83	Tendered Votes	38
84	Presiding Officer’s entry in the voting compartment during poll	38-39
85	Closing of poll	39
86	Account of votes recorded	39
87	Sealing of voting machine after poll	39
88	Sealing of other packets	39-40
89	Transmission of voting machines, etc., to the Returning Officer	40
90	Procedure on adjournment of poll	40
91	Closing of voting machines in case of booth capturing	40
92	Scrutiny and inspection of voting machines	40-41
93	Counting of votes	41
94	Scrutiny of Paper Trail	41-42
95	Sealing of Voting Machines	42
96	Sealing of voting machine with DMM/ SDMM facility where CUs and BUs are reused	42-43
97	Custody of voting machines or DMMs/SDMMs and papers relating to election	43
98	Production and Inspection of Voting Machines or DMMs/SDMMs and election papers	43-44
99	Safe custody of Voting Machines or DMMs/SDMMs and all other packets	44
100	Power of the State Election Commission to issue directions	44
CHAPTER VI (Miscellaneous)
101	Filling up of Casual Vacancies	45
102	Interpretation of rules	45
103	Particulars of account of election expenses	45
104	Notice by Mandal Parisahd Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be for inspection of accounts	45-46
105	Inspection of account and the obtaining of copies thereof	46
106	Report by Mandal Parisahd Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be as to the lodging of account of election expenses and the decision of the State Election Commission thereon.	46-47
107	Maximum election expenses	47

List of Forms

Form No.		Description in Brief	Page No.
I		Election Notice for the office of Sarpanch /Member Gram Panchayat	48-49
II		Election Notice for the Office of Member, MPP/ZPP	50
III		Nomination Paper for Sarpanch /Member Gram Panchayat Election	51-54
IV		Nomination Paper for Member, MPP/ZPP Election	55-58
V		Publication of List of Nominations	59
VI		List of Validly Nominated Candidates	60
VII		Notice of Withdrawal of Candidature	61
VIII		Publication of Notice of Withdrawal of Candidature	62
IX		List of Contesting Candidates	63
X		Declaration of Result of Uncontested Election	64
XI		Appointment of Election Agent	65
XI A		Revocation of Appointment of Election Agent	66
XII		Appointment of Polling Agent	67
XII A		Revocation of Appointment of Polling Agent	68
XIII		Appointment of Counting Agent	69
XIII A		Revocation of Appointment of Counting Agent	70
XIV		Application for Postal Ballot	71
XV		Application for Election Duty Certificate	72
XVI		Format of Election Duty Certificate	73
XVII		a) Declaration by Elector – for Postal Ballot	74-75
XVIII		b) Cover – A in Form XVIII – for Postal Ballot	76
XIX		c) Cover – B addressed to the Returning Officer in Form XIX – for Postal Ballot	77
XX		d) Instructions for the guidance for the elector in Form XX – for Postal Ballot	78-80
XXI		List of Challenged Votes	81
XXII		Declaration by the Companion of Blind or Infirm Voter	82
XXIII		List of Blind or Infirm Voters	83
XXIV		List of Tendered Votes (when ballot boxes are used)	84
XXV		Ballot Paper Account (when ballot boxes are used)	85-86
XXVI		Result Sheet	87-88
XXVII		Declaration of Result of Election	89
XXVIII		Return of Election	90
XXIX		Certificate of Election	91
STATUTORY FORMS CAN BE USED WHERE EVMS ARE USED
XXX	Register of Voters		92
XXXI	List of Tendered Votes		93
XXXII	Account of Votes Recorded		94-96
	Account of Votes Recorded (where VVPATs are used)		97-99

NOTIFICATION

In exercise of the powers conferred by Section 286 read with sections 8, 11, 12, 14, 15, 23, 145, 151, 174, 199, 237 & 238 of the Telangana Panchayat Raj Act, 2018 (Act No. 5 of 2018), the Governor of the State of Telangana, hereby, makes the following rules relating to conduct of election of members and Sarpanch of Gram Panchayat, Members of Mandal Praja Parishad and Members of Zilla Praja Parishad.

R U L E S

C H A P T E R – I

PRELIMINARY

Short title and application:- (1) These Rules may be called the Telangana Panchayat Raj (Conduct of Elections) Rules, 2018.
These rules shall come into force on 19.05.2018.
These rules shall be apply to whole state of Telangana for filling ordinary and casual vacancies in the offices of Member and Sarpanch of Gram Panchayat, Member of Mandal Praja Parishad and Member of Zilla Praja Parishad.

Definitions:- (1) In these rules, unless the context otherwise requires –

‘Act’ means the Telangana Panchayat Raj Act, 2018;
‘Ballot box’ includes any box, bag or other receptacle used for the insertion of ballot papers by voters;
‘Counterfoil’ means the counterfoil attached to a ballot paper printed under the provisions of these rules;
“Detachable Memory Module (DMM) / Secured Detachable Memory Module (SDMM)” means such electronic memory device which is attached to the control unit of electronic voting machine and keeps the election data safely in secured manner.
‘Election’ means an election to fill a vacancy in the office of Member or Sarpanch of Gram Panchayat or Member of Mandal Praja Parishad or Zilla Praja Parishad;
‘Elector’ in relation to an election to any Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad means, any person entitled to vote at such election;
‘Electoral Roll’ in relation to a Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad means, the electoral roll published under section 11 of the Act;
‘Electronic Voting Machine’ means the voting machine referred to in section 199 of the Act;
‘Form’ means a form appended to these rules;
‘Marked copy of the electoral roll’ means the copy or copies of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election or to whom access is allowed to Electronic Voting Machines in order to exercise their franchise.
‘Polling station’ in relation to any election held under these rules means, the place fixed for taking the poll at such election;
‘Presiding Officer’, includes any polling officer performing any of the functions of a Presiding Officer under these rules;
‘Returning Officer’ means any officer of the local authority or the Government authorised or appointed by the Collector and District Election Authority to do any act or perform any function in connection with the conduct of elections under these rules.

Explanation: The Collector and District Election Authority may appoint one or more persons who shall be an Officer or Officers of the local authority or the Government, as Assistant Returning Officer or Officers to assist the Returning Officer in the performance of his functions and every Assistant Returning Officer so appointed shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer and the expression Returning Officer shall be deemed to include such Assistant Returning Officer also.

‘Section’ means a section of the Act;
‘Voter Verifiable Paper Audit Trail(VVPAT)’ means Voter verifiable Paper Audit Trail System which enables the voter to physically verify the vote cast by herself/himself in addition to keeping a physical record of the ballot enabling manual counting of votes in cases of specified circumstances.

(2) The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.

(3) For the purpose of these rules, a person who is unable to write his/her name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper, if –

(a) he/she has placed a mark on such instrument or other paper in the presence of the Returning Officer or the Presiding Officer or such other Officer specified in these rules;

(b) such Officer on being satisfied as to his/her identity has attested the mark as being the mark of that person.

CHAPTER – II

GENERAL PROVISIONS

Administrative Machinery for the Conduct of Elections:- The Administrative Machinery for the purpose of conducting elections under these rules, shall be such as may be specified by the State Election Commission, by an order made under Article 243-K of the Constitution of India.

Display of voters list:- The Returning Officer shall affix a notice on the notice board of the office of the Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad, as the case may be, showing the voters list thereof, or of any ward or territorial constituency thereof, notified for elections on the day of publication of election notice under Section 198 of Telangana Panchayat Raj Act, 2018.

Issue of election notice by the Returning Officer:- (1) The Returning Officer shall, on the basis of the election notification issued by the State Election Commission under Section 198, shall give public notice of the intended elections for Gram Panchayats in Form I and for Mandal Praja Parishad and Zilla Praja Parishad in Form II in Telugu language which shall be published in such manner as the Returning Officer thinks fit.

Special Election Programme:- Notwithstanding anything contained in these rules, where the election process is interrupted or the election programme has to be altered on account of the orders of any court of law or for other valid reasons to be recorded in writing, it shall be competent for the State Election Commission either generally or in respect of specified Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad, as the case may be, to alter the election programme notified under sub- section (1) of Section 198 and re-notify the election programme as it deems fit in the circumstances of the case without having regard to the guidelines mentioned in sub-section (2) of Section 198 and the Returning Officer shall give effect to the same :

Provided that where the election programme is re-notified under this rule commencing from the making of nominations, the nominations already made shall be disregarded and the deposits, if any, made under Rule 9 shall be refunded.

Nomination of Candidates:-(1) Any person may be nominated as a candidate for election to the office of Member or Sarpanch of a Gram Panchayat, Member of a Mandal Praja Parishad and Member of a Zilla Praja Parishad if he/she is qualified to be chosen to fill the seat under the provisions of the Act. Every nomination paper shall be in Form III for Gram Panchayat and in Form IV for Mandal Praja Parishad and Zilla Praja Parishad. This shall be presented by the candidate or by his proposer in person, between the hours specified, and signed by the candidate and by the proposer. The candidate shall sign the declaration on the nomination paper expressing his willingness to stand for the election.

(2) (a) A candidate for the office of Member and Sarpanch of Gram Panchayat, Member of Mandal Praja Parishad and Member of Zilla Praja Parishad shall be a person whose name is registered in the electoral roll for that Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad, as the case may be.

(b) The proposer for member of a ward in the Gram Panchayat or for Member of Mandal Praja Parishad or Zilla Praja Parishad shall be a registered voter in the concerned ward or the territorial constituency. The proposer to the office of Sarpanch shall be a registered voter in any ward of the concerned Gram Panchayat.

(c) A candidate for the office of Member or Sarpanch in a Gram Panchayat or Member in Mandal Praja Parishad or Zilla Praja Parishad, which is reserved, to be filled by a person belonging to the Scheduled Tribes or Scheduled Castes or Women or Backward Classes, as the case may be, shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular tribe or caste or class of which he is a member and the area in relation to which that Tribe or Caste is a Scheduled Tribe or as the case may be, a Scheduled Caste or Backward Class of the State. This declaration shall be made before any Gazetted Officer of the Government or before any Officer of the Revenue Department not below the rank of a Deputy Tahasildar.

(d) Each candidate shall be nominated on a separate nomination paper.

(e) A candidate may be nominated by more than one nomination paper but not more than four nomination papers for election in the same office of Ward Member or Sarpanch or Mandal Parishad Territorial Constituency or Zilla Parishad Territorial Constituency.

(f) A candidate may be nominated by more than one proposer separately for the same elective post in a separate nomination paper.

(3) A candidate may file nominations for more than one ward in a Gram Panchayat or territorial constituency of a Mandal Praja Parishad or Zilla Praja Parishad, as the case may be, but he/she shall withdraw his/her nominations to all but one ward or territorial constituency, as the case may be, of his/her choice, before the date and time fixed for withdrawal of candidature, failing which, all his/her nominations shall become invalid and he/she shall not be allowed to contest from any ward or territorial constituency, referred to above.

(4) A candidate may file nominations to a ward and Sarpanch of a Gram Panchayat or Territorial Constituency of a Mandal Praja Parishad or Zilla Praja Parishad as the case maybe simultaneously. Where a person is elected to two such offices simultaneously, he/she shall retain one office of his/her choice and vacate the other office in the manner prescribed within 15 days of election failing which, all his/her elected offices shall become invalid.

Presentation of Nomination Paper and Requirements of Valid Nominations:- (1) On receiving nomination paper, the Returning Officer shall forthwith number the nomination paper serially in the order in which it is presented and give a receipt as provided in Form III for Gram Panchayats and in Form IV for Mandal Praja Parishads and Zilla Praja Parishads. The Returning Officer or such other authorised person shall satisfy himself that the name and serial number of the candidate and his proposer, as entered in the nomination paper, are the same as those entered in the electoral roll. Where necessary, he shall direct that the nomination form be amended so as to be in accordance with the electoral roll.

(2) The Returning Officer may while interpreting an entry in the electoral roll overlook merely clerical or printing errors, but he shall record the interpretation adopted by him, together with the reasons therefor, while making the formal acceptance or rejection on scrutiny of a nomination.

(3) Every candidate shall, along with the nomination paper also file a declaration with regard to his criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format attested by two witnesses.

Deposits:- (1) The State Election Commission may, before ordinary election, by notification, specify the amount of deposit, which each candidate has to make and different amounts may be specified for different offices and categories of candidates. At or before the time of presentation of his nomination paper each candidate shall remit or cause to be remitted the specified amount of deposit, in any Government Treasury or Bank or in cash with the Returning Officer. Where the deposit is made in cash a receipt therefor shall be given by the Returning Officer. No candidate shall be deemed to be duly nominated, unless the deposit as aforesaid has been made:

Provided that where a candidate has been nominated in more than one nomination paper, for an office, not more than one deposit shall be required to be made.

Explanation: The delivery to the Returning Officer of a receipt from Government Treasury or from the Bank in which the concerned local body has an account, evidencing the payment by or on behalf of a candidate to the credit of Gram Panchayat or Mandal Praja Parishad or Zilla Praja Parishad as the case may be of the amount required to be deposited under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule, made by or on behalf of such candidate at the time of such delivery;

(2) If no nomination paper is received within the time appointed in that behalf, in respect of any person by whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any such person is rejected, or if he withdraws his candidature in the manner and within the time specified in sub-rule (1) of Rule 13, the deposit shall be returned immediately to the person by whom it was made, and if any candidate dies before commencement of the poll, any such deposit if made by him shall be returned to his legal representative, if not made by the candidate, shall be returned to the person by whom it was made.

(3) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made, is not elected and the number of valid votes polled by him does not exceed one eighth of the total number of valid votes polled by all the candidates, the deposit shall be forfeited, to the Government.

(4) The deposit made in respect of a candidate shall, if it is not forfeited under sub-rule (3) be returned to the candidate or to the person who has made the deposit on his behalf., as the case may be, within thirty days after publication of the result of election.

(5) A deposit required to be returned to any person under sub-rule (2) or sub-rule (4) shall, if such person is dead, be returned to his legal representative.

(6) Notwithstanding anything contained in this rule, immediately after publication of the result of election, the Returning Officer or the person authorised by the District Collector in this behalf, shall pass an order as to whether a deposit made under sub-rule (1) shall be refunded or forfeited. The executive authority concerned shall, within thirty days from the date of publication of the result, return the deposit to the person who made the deposit or to his legal representative when such deposit is refundable. In the case of forfeiture of deposit under sub-rule (3), the Returning officer shall communicate an order to the person concerned who made the deposit citing the reason for such forfeiture.

(7) The amounts received towards election deposit, and credited to the. Gram Panchayat/Mandal Praja Parishad/Zilla Praka Parishad fund shall be remitted to Government Account by the Executive Authority concerned after deducting any refunds made to the concerned for any reason provided under these rules.

Publication of list of nominations received:- On the last day appointed for the receipt of nomination papers and immediately after the hour fixed for their receipt is past, the Returning Officer or such other authorised person shall publish at his office in Telugu language a list in Form-V of all the nominations received, with a notice that the nomination papers will be taken up by the Returning Officer for scrutiny at the specified place, and on the date and time appointed.

Scrutiny of Nomination Papers:- (1) On the date appointed for scrutiny of the nominations, the candidate, the proposer of each candidate and one other person duly authorised in writing by each candidate, may attend at such time and place specified. No other person shall be entitled to be present. The Returning Officer may, however, admit such other persons as he thinks fit to assist him. He shall give such persons all reasonable facilities to examine the nomination papers of all the candidates, which have been received as aforesaid.

(2) The Returning Officer shall then examine the nomination papers and shall decide on all objections which may be made at the time to any nomination and may either on such objection or on his own motion after such summary enquiry as he thinks necessary, reject any nomination on any of the following grounds, namely: –

(i) that the candidate is ineligible for election as a Member or Sarpanch of Gram Panchayat, Member of Mandal Praja Parishad and Member of Zilla Praja Parishad under Sections 19, 20, 21, 22, 23, 24, 150, 151, 179 & 180 of the Act; or

(ii) that the name of the candidate is not registered in the electoral roll of the Gram Panchayat, Mandal Praja Parishad or Zillar Praja Parishad;

(iii) that the name of the proposer is not registered in the electoral roll of the Gram Panchayat in the case of Sarpanch, in the electoral roll of the concerned ward in the case of Member, Gram Panchayat and in the electoral roll of the concerned territorial constituency in the case of Member, Mandal Praja Parishad and Member, Zilla Praja Parishad; or

(iv) that the candidate or his proposer has failed to comply with any of the provisions of Rules 7, 8(3) and 9,

(v) that, in case the office is reserved for any community or women, the candidate does not belong to that community or is not a women, as the case may be; or

(vi) that the signature/thumb impression of the candidate or the proposer in the nomination paper is not genuine:

Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect description of his name or of the name of his proposer, or of any other particulars relating to the candidate or his proposer as entered in the electoral roll, if the identity of the candidate or proposer, as the case may be, is otherwise established beyond reasonable doubt.

(3) The Returning Officer shall endorse on each nomination paper, his decision, accepting or rejecting the same and, if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer:

Provided that in case an objection is made, the candidate concerned may be allowed time to rebut the same not later than the next day and the Returning Officer shall record his decision on the date to which the proceedings are adjourned.

(4) Immediately after all the nomination papers have been scrutinised and the decisions, accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates, and affix it on the notice board of his office in Form VI. There shall be one entry only in respect of each validly nominated candidate in the list, although more nomination papers than one in respect of him may have been accepted as valid.

Appeal against rejection of nomination:- A person whose nomination paper is rejected may prefer an appeal against the decision of the Returning Officer before the concerned Revenue Divisional Officer in case of election to Sarpanch and member Gram Panchayat and Member, Mandal Praja Parishad and before the District Collector in case of election to Member, Zilla Praja Parishad on the day immediately following the date of scrutiny of nominations. The appeal shall be disposed off by the appellate authority the day immediately following the date of filing of appeal.

Withdrawal of candidature:- (1) Any candidate may withdraw his candidature by notice in writing in Form-VII signed by him and delivered to the Returning Officer by such candidate in person at any time after the presentation of his nomination paper and not later than 3-0’ Clock in the afternoon of the third day succeeding that appointed for scrutiny of the nominations whether or not it is a public holiday. Where such notice is not delivered by such candidate in person, it shall be delivered by his proposer or election agent who has been authorised in this behalf in writing by such candidate. The Returning Officer shall give a receipt for the same as provided in Form–VII on being satisfied as to the genuineness of the notice of withdrawal and the identity of the candidate.

(2) The Returning Officer on receiving a notice of withdrawal under sub-rule (1) shall, as soon as may be, cause a notice of the withdrawal to be published in Form-VIII.

(3) A candidate who has withdrawn his candidature under sub-rule (1) shall not be allowed to cancel the withdrawal.

Preparation and Publication of List of Contesting candidates:- (1) On the expiry of the time allowed for withdrawal of candidature under Rule 13, the Returning Officer shall prepare in Telugu language in Form IX a list of persons whose nominations have not been rejected and who have not withdrawn their candidature and publish it on the notice board of his office forthwith whether or not it is a public holiday. The list shall contain the names of the candidates in alphabetical order in Telugu and shall describe them as in their nomination paper.

(2) In the election to Member, Mandal Praja Parishad and Member, Zilla Praja Parishad, for the purpose of listing, the names of the candidates shall be classified as follows namely:-

candidates of recognized National and State political parties;
candidates of registered political parties with a reserved symbol;
candidates of registered political parties without a reserved symbol;
Independent candidates.

(3) The arrangement of names of candidates shall be on the basis of first letter of his name irrespective of whether the name given is a proper name or surname. The initials, if any, prefixed to the name of the candidate shall be ignored for the aforesaid purpose. If two candidates in the same category have the same name but different initials, then the two names should be arranged inter se with reference to the first letter of the initial. Further, if two or more such candidates have the same name but different surnames, then their names should be arranged inter-se in alphabetical order with reference to the surnames.

(4) If two or more candidates falling under the same category bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. In the list of contesting candidates, the names of such candidates shall be arranged in the order in which their nominations were received by the Returning Officer.

There will also be no objection to the addition of any honorific, academic, hereditary, professional or any other title to the name of a candidate, but such title should on no account be taken into consideration, in the arrangement of names in alphabetical order.

(5) If the poll is found to be necessary, the Returning Officer shall assign to each contesting candidate a distinctive symbol subject to such directions as may be issued by the State Election Commission in that behalf.

Provided that the Returning Officer shall not allot to any contesting candidate any symbol reserved for a recognized political party and registered political party in the case of elections to the gram panchayats. However, he shall allot symbols including symbols reserved for a recognized or registered political party, where any candidate is set up by such political party in case of elections to the office of Member, Mandal Praja Parishad and Zilla Praja Parishad.

Provided further that in case of election to Member, Mandal Praja Parishad and Member, Zilla Praja Parishad, the Returning Officer shall assign to every contesting candidate a distinctive symbol as per the provisions of paragraph 6 of the Registration of Political Parties and Allotment of Symbols Order, 2001, and any other instructions issued by the State Election Commission in this behalf from time to time.

(6) In every case where a symbol has been assigned to a candidate under sub-rule (5) such candidate or his election agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen thereof by the Returning Officer.

Declaration of Result of Uncontested Election:- (1) If the number of contesting candidates is more than one, poll shall be taken.

(2) If there is only one validly nominated candidate, the Returning Officer shall forthwith declare such candidate as duly elected in Form-X and send the same to the State Election Commission, Election Authority and the District Election Authority.

Death of candidate before poll:- (1) If a contesting candidate in respect of Gram Panchayat dies before the poll, it shall not be necessary to countermand the poll.

(2) In respect of elections to the office of Member of Mandal Praja Parishad or the office of Member of Zilla Praja Parishad,-

(a) Where an independent candidate or a candidate of a Registered Political Party without a reserved symbol dies before the poll, it shall not be necessary to countermand the poll;

(b) If a candidate, set up by a recognised or registered political party with a reserved symbol –

(i) dies at any time after 10.00 AM on the last date of making nominations and his nomination is found valid on scrutiny under Rule 11;

(ii) whose nomination has been found valid on scrutiny under Rule 11 and who has not withdrawn his/her candidature under Rule 13 dies and in either case, a report of his/her death is received at any time before the preparation and publication of the list of contesting candidate under Rule 14; or

(iii) dies as a contesting candidate and a report of his death is received before the commencement of the poll;

The Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the same to the State Election Commission, Election Authority and to the District Election Authority:

Provided that no order adjourning a poll shall be made in a case referred to in sub-rule (1) and clause (a) of sub-rule (2) except after the scrutiny of all the nominations including the nomination of the deceased candidate.

(c) The State Election Commission shall, on receipt of a report from the Returning Officer under clause (b) of sub-rule (2), call upon the recognized or registered political party with a reserved symbol as the case may be, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognized or registered political party and the provisions of Section 198 and Rules 4 to 14 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations;

Provided that no person who has given a notice of withdrawal of his candidature under sub-rule (1) of rule 13 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.

(d) where a list of contesting candidates had been published under sub-rule (1) of rule 14 before the adjournment of the poll, the Returning Officer shall again prepare and publish a fresh list of contesting candidates under the aforesaid rule so as to include the name of the candidate who has been validly nominated.

Appointment of Election Agent:- (1) A candidate at an election may appoint any one person other than himself to be his election agent. The notice of such appointment shall be given in Form-XI by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the election agent after affixing therein his seal and signature in token of his approval of the appointment.

(2) An election agent may perform such functions in connection with the election as are authorised by or under these rules to be performed by an election agent.

(3) (i) Any revocation of the appointment of an election agent shall be signed by the candidate and shall operate from the date on which it is lodged with the Returning Officer in Form-XI A;

(ii) In the event of such revocation or of the death of an election agent the candidate may appoint in like manner another person to be his election agent; and when such appointment is made, notice thereof shall be given in the manner laid down in sub-rule (1).

(4) No person shall be appointed as election agent who is disqualified under Section 21, excepting the one mentioned in clause (h) of sub section (2).

Appointment of Polling Agent:- (1) The number of polling agents that may be appointed by a contesting candidate or his election agent, shall, in respect of each polling station, be one agent and a relief agent.

(2) Every such appointment shall be made in Form XII and shall be made over to the polling agent for production at the polling station.

(3) No polling agent shall be admitted into the polling station unless he has delivered to the Presiding Officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the Presiding Officer the declaration contained therein.

(4) A polling agent may perform such functions in connection with the poll as are authorised by or under these rules, to be performed by a polling agent.

(5) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent, as the case may be. Such revocation shall operate from the date on which it is lodged with the Returning Officer in Form-XII A. In the event of such a revocation or of the death of a polling agent before the close of the poll the candidate or his election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment as laid down in sub-rule (2).

Appointment of Counting Agent:- (1) Each candidate may appoint such number of counting agents at the place or places fixed for counting as may be specified by the District Election Authority.

(2) Every such appointment shall be made in Form-XIII in duplicate one copy of which shall be forwarded to the Returning Officer while the other copy shall be made over to the counting agent for production before the Returning Officer not later than one hour before the time fixed for counting.

(3) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under these rules to be performed by a counting agent.

(4) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent as the case may be. Such revocation shall operate from the date on which it is lodged with the Returning Officer in Form-XIII A. In the event of a revocation or of the death of a counting agent at any time before the counting of votes is commenced, the candidate or his election agent may appoint another person as the counting agent and when an appointment is made, a notice of such appointment in the manner prescribed above shall be given to the Returning Officer.

Prohibition for appointment as Election Agent, Polling Agent and Counting agent:- The following persons, irrespective of whether he/she is provided with security or not or anything else shall not be appointed as Election Agent, Polling Agent and Counting Agent of a candidate during an election.

(i) Any sitting Minister of Union and State Government;

(ii) Sitting Member or Parliament;

(iii) Sitting Member of Legislative Assembly/Legislative Council;

(vi) Mayor of a Corporation, Chairperson of Municipality/ Nagar Panchayat;

(v) Chairperson of Zilla Praja Parishad and President of Mandal Praja Parishad, Sarpanch of a Gram Panchayat or any sitting member of any Mandal Praja Parishad or Zilla Praja Parishad;

(vi) Elected Chairperson of National/State/District co-operative Institution;

(vii) Political functionaries appointed as Chairpersons of Central PSUs/State PSUs, Chairpersons of Government Bodies, Government Pleader/ Additional Government Pleader;

(viii) Any Government servant.

Rights of candidates and his election agent:- (1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station.

(2) A contesting candidate himself or his election agent may do any act or thing which any polling agent or the counting agent of such contesting candidate if appointed, would have been authorised by or under these rules to do, or may assist any polling agent or counting agent or such contesting candidate in doing any such act or thing.

Non-attendance of agents:- Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

CHAPTER – III

POSTAL BALLOT

Voting by postal ballot:– At an election where a poll is taken, any member of the Armed Forces of the Union or a member of the Armed Police Forces of the State serving outside the State may give his vote by a postal ballot and such person shall not be entitled to give his vote in any other manner. The wife of any such person may also give her vote by postal ballot.
Electors under preventive detention:– (1) Subject to the other provisions of these rules, a voter of a Ward/Territorial Constituency may, if he is subject to preventive detention under any law for the time being in force, give his vote by postal ballot at any election in such Ward/Territorial Constituency where a poll is taken.

(2) As soon as possible, after a notice is published under sub-section (3) of Section 198 and Rule 5, the Returning Officer shall ascertain in writing from the Collector of the District whether any voter is subject to preventive detention under any law for the time being in force. The Collector shall within five days from the date of receipt of such communication from the Returning Officer forward list of names of any such voters in that Ward/Territorial Constituency, if any, together with their addresses and the particulars about their place of detention to the Returning Officer.

(3) Any voter who is subject to preventive detention under any law for the time being in force or on his behalf any member of his family may within ten days from the date of publication of the notice apply to the Returning Officer of the Ward/Territorial Constituency for permission to give his vote by postal ballot at the election. Every such application shall specify the name of the voter, his address, his serial number in the electoral roll and the particulars regarding his place of detention.

(4) If the Returning Officer is satisfied that the person whose name has been forwarded under sub-rule (2) or who has made an application under sub-rule (3) is under preventive detention and is a voter in the Ward/Territorial Constituency to which the election relates and is entitled to vote at such election he shall permit such person to give his vote at the election by postal ballot.

(5) While granting any such permission, the Returning Officer shall, at the same time, put the letters ‘P.B.’ against his name in the marked copy of the electoral roll which means that a postal ballot has been issued.

Intimation by voters on election duty:- (1) A voter on election duty who wishes to vote by post at an election shall send an application in Form – XIV to the Returning Officer so as to reach him atleast seven days or such shorter period as the Returning Officer may allow before the date of poll and if the Returning Officer is satisfied that the applicant is such public servant and voter on election duty, he shall issue a postal ballot paper to him. The Returning Officer shall mark ‘P.B’ against his name in the marked copy of the electoral roll to indicate that a postal ballot paper has been issued to him.

(2) Where such voter, being a Presiding Officer, Polling Officer or other public servant on election duty in the Ward/Territorial Constituency of which he is an elector, wishes to vote in person at an election in a Ward/Territorial Constituency and not by post, he shall send an application in Form XV to the Returning Officer so as to reach him atleast four days, or such shorter period as the Returning Officer may allow, before the date of poll; and if the Returning Officer is satisfied that the applicant is such public servant and voter on election duty in the Ward/Territorial Constituency he shall—

issue to the applicant an election duty certificate in Form XVI;
mark ‘EDC’ against his name in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him, and

Form of postal ballot paper:- (1) Every postal ballot paper shall have a counterfoil attached thereto, and the said ballot paper and the counterfoil shall be in such form, and the particulars therein shall be in such language or languages as the State Election Commission may direct.

(2) In the postal ballot paper, below the last symbol, None Of The Above (NOTA) provision shall be provided and a symbol may also be assigned to it in the manner prescribed by the State Election Commission for the benefit of those electors who may wish to exercise the option of not voting for any of the contesting candidates in the fray.

Issue of postal ballot paper:- (1) The Returning Officer shall, in case of every voter who is entitled to give his vote at the election by postal ballot, as soon as may be after the publication of list of contesting candidates at the election, send by post under certificate of posting to each such voter a ballot paper together with –

a declaration in Form XVII.
a cover in Form XVIII.
a large cover addressed to the Returning Officer in Form XIX.
instructions for the guidance for the elector in Form XX.

Provided that the Returning Officer may in case of voter on election duty deliver the ballot paper and forms or cause them to be delivered to such voter personally.

The Returning Officer shall, at the same time –

record on the counterfoil of the ballot paper, the number of the elector as entered in the marked copy of the electoral roll;
mark the name of the elector in the marked coy of the electoral roll to indicate that a postal ballot paper has been issued to him without however recording therein the serial number of the ballot paper issued to that elector; and
ensure that the elector is not allowed to vote at a polling station.

(3) Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay.

(4) After all the ballot papers are issued under this rule, the Returning Officer shall seal in a separate packet, the counterfoils of the ballot papers issued to the voters entitled to vote under postal ballot and record on the packet a brief description of its contents and the date on which it was sealed.

(5) No election shall be invalid by the reason that a voter has not received his postal ballot paper.

Recording of vote:- (1) An elector who has received a postal ballot paper and desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Part I of Form XX and then enclose it in the cover in Form XVIII.

(2) The elector shall sign the declaration in Form XVII in the presence of, and have the signature attested by, a stipendiary magistrate or such other officer specified below, as may be appropriate, to whom he is personally known or to whose satisfaction he has been identified –

in the case of a service voter, such officer as may be appointed in this behalf by the Commanding Officer of the unit, ship or establishment in which the voter or her husband, as the case may be, is employed;
in the case of a voter on election duty, any gazetted officer or the Presiding Officer of the polling station at which he is on election duty.
in the case of an elector under preventive detention, the Superintendent of the Jail or the Commandant of the detention camp in which the elector is under detention; and
in any other case, such officer as may be notified by the State Election Commission.

Assistance to illiterate or infirm voters:- (1) If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration, he shall take the ballot paper, together with declaration and the covers received by him to an officer competent to attest his signature under sub-rule (2) of Rule 28 and request the officer to record his vote and sign his declaration on his behalf.

(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form XVII.

Re-issue of ballot paper:- (1) When a postal ballot paper and other papers sent under Rule 27 are for any reason returned undelivered, the Returning Officer may re-issue them by post under certificate of posting or deliver them or cause them to be delivered to the elector personally on a request being made by him.

(2) If any elector has inadvertently dealt with the ballot paper or any of the other papers sent to him under Rule 27 in such a manner that they cannot conveniently be used, a second set of papers shall be issued to him after he has returned the spoiled papers and satisfied the Returning Officer of the inadvertence.

(3) The Returning Officer shall cancel the spoiled papers so returned and keep them in a separate packet after noting thereon the particulars of the election and the serial numbers of the cancelled ballot papers.

Return of ballot paper:- (1) After an elector has recorded his vote and made his declaration under Rule 28 or Rule 29, he shall return the ballot paper and declaration to the Returning Officer in accordance with the instructions communicated to him in Part II of Form XX so as to reach the Returning Officer before the hour fixed for the commencement of counting of votes.

(2) If any cover containing a postal ballot paper is received by the Returning Officer after the expiry of the time fixed in sub-rule (1), he shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet.

Safe Custody of postal ballots:- The Returning Officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him.

CHAPTER – IV

VOTING BY BALLOT

Voting at Polling Station:- (1) If poll has to be taken, the Returning Officer shall appoint forthwith one Presiding Officer and one or more polling officers at each polling station and may pay the remuneration as fixed by the Government for their services:

Provided that if a polling officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of or has been otherwise working for a candidate in or about the election, to be the polling officer during the absence of the former officer and inform the Returning Officer accordingly:

A polling officer shall, if so directed by the Presiding Officer perform all or any of the functions of a Presiding Officer under these rules or any rules or orders made thereunder.

If the Presiding Officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such Polling Officer as has been previously authorised by the Returning Officer to perform such functions during any such absence.

Right to vote (Voting to be in person):- All electors voting at an election shall do so in person at the polling station provided for them under the rules.

Form of Ballot Paper:- (1) Every Ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form as the State Election Commission may, by order, direct.

(2) In the ballot paper, below the last symbol, None Of The Above (NOTA) provision shall be provided and a symbol may also be assigned to it in the manner prescribed by the State Election Commission for the benefit of those electors who may wish to exercise the option of not voting for any of the contesting candidates in the fray.

Arrangements at Polling Station:- (1) Outside each polling station there shall be displayed prominently,-

(a) a notice specifying the polling area, the serial number of electors in the relevant electoral roll who are entitled to vote at the polling station; and

(b) a copy of the list of contesting candidates with the serial numbers and the symbols assigned to them.

(2) At each polling station there shall be set up one or more voting compartments in which electors can record their votes, screened from observation.

(3) Where the elections for Gram Panchayats and Mandal Praja Parishads and Zilla Praja Parishads are held simultaneously there shall be two ballot boxes kept in the polling station, one for the Member and Sarpanch of Gram Panchayat and the other for the Member of Mandal Praja Parishad and Zilla Praja Parishad. Where the elections are held separately only one ballot-box either for Gram Panchayat or for Mandal Praja Parishad or for Zilla Praja Parishad, as the case may be, shall be kept.

(4) The names of the contesting candidates along with their symbols shall be displayed inside the polling station, above the ballot box to enable the voter to exercise his franchise without difficulty.

(5) The Returning Officer shall provide at each polling station sufficient number of ballot boxes, copies of the electoral roll or such part thereof as contains the names of the electors entitled to vote at the polling station, ballot papers, instruments for stamping the distinguishing mark on the ballot paper and articles necessary for electors to mark the ballot papers, stationery and such forms as may be necessary.

Admission to Polling Station:- (1) The Presiding Officer shall keep order at the polling station, shall see that the election is fairly conducted, shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude there from all persons other than,-

his polling officers and such persons as the Presiding Officer may, from time to time, admit for the purpose of identifying electors;
other public servants on duty in connection with the election;
the candidates, their election agents, and one polling agent of each candidate at a time;

(d) a child in arms accompanying an elector;

(e) a person accompanying blind or infirm voters who cannot move without help;

and

(f) persons authorised by the State Election Commission.

(2) Where a woman elector cannot be identified by the identification officers appointed for the purpose by reason of her observing ‘purdah’ she may be required to be identified by any of women voter in the queue or local women government employee unless she otherwise satisfies the Presiding Officer of her identity.

Preparation of Ballot Boxes:-(1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous of affixing the same.

(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot piper therein remains open.

(3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been closed, it is not possible to open it without breaking the seals.

(4) Where it is not necessary to use paper seals or securing the ballot boxes, the Presiding Officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals.

(5) Every ballot box used at a polling station shall bear label both inside and outside marked with:-

(a) the details of the Ward/Territorial Constituency;

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

(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only) and;

(d) the date of poll.

(6) Immediately before commencement of the poll the Presiding Officer shall demonstrate to the polling agents and other persons present, that the ballot box is empty and bears the labels referred to in sub-rule (5)

(7) The ballot box shall then be closed, sealed, secured and placed in full view of the Presiding Officer and polling agents.

Demonstration of the marked copy of the electoral roll:- Immediately before commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and others present, the marked copy or, as the case may be, marked copies of the electoral roll to be used during the poll.

Facilities for woman electors:– (1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The Returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors, and in particular, to help in searching any woman elector in case it becomes necessary.

Identification of electors:– (1) The Presiding Officer may employ at the polling station such persons, as he thinks fit to help identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the Presiding Officer or the polling officer authorised by him in this behalf shall check the elector’s name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) Every elector shall produce identity card issued to him/her under the provisions of the Registration of Electors Rules, 1960 made under the Representation of the Peoples Act, 1950 or any such document as may be specified, by order, by the State Election Commission before the Presiding Officer or the polling officer authorized by him in this behalf, in order to establish his/her identity at the polling station.

(4) In deciding the right of a person to cast his vote, the Presiding Officer or the polling officer, as the case may be, shall over look the clerical or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates.

Facilities for public servants on election duty:- (1) The provisions of Rule 41 shall not apply to any person who produces at the polling station an election duty certificate issued by Returning Officer and seeks permission to cast his vote at that polling station although the polling station is different from the one where he is entitled to vote.

(2) On production of such certificate the Presiding Officer shall –

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

(b) have the person’s name and electoral roll number as mentioned in the
certificate entered at the end of the marked copy of the electoral roll; and

(c) issue to him a ballot paper, and permit him to vote, in the same manner as
for an elector entitled to vote at that polling station.

Challenging of Identity:- (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of five rupees in cash with the Presiding Officer for each such challenge.

(2) On such a deposit being made, the Presiding Officer shall:

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

(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in the entry.

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

(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose –

(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;

(b) put the person challenged any question necessary for the purpose of establishing his identify and require him to answer them on oath; and

(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged, to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting and handover him/her to the police for prosecution under relevant law.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Government and in any other case he shall return it to the challenger on the conclusion of the inquiry.

Safeguards against personation:- (1) Every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied shall allow –

the inspection of his left fore-finger by the Polling Officer; and
an indelible ink mark to be put on his left fore-finger.

(2) If any such elector —

refuses to allow such inspection of his left fore-finger; or
refuses to allow an indelible ink mark to be put on his left fore-finger; or
does any act in order to remove any such mark after it has been put; or
fails or refuses to produce his identity card or any other document specified by State Election Commission to establish his identity under rule 41 of these rules; or
refuses to put his signature or thumb impression on the counter-foil;

he shall not be entitled to be supplied with any ballot paper or to record his vote at the election.

(3) A person who already has such a mark on his left fore-finger at the time he enters the polling station shall not be supplied with any ballot paper.

(4) Any reference in this rule to the left fore-finger of an elector shall, in the case where the elector has no left fore-finger be construed as a reference to another finger of his left hand and shall in the case whether there are no fingers on his left hand be construed as a reference to the fore finger or any other finger on his right hand and shall in the case where he has no finger on both the hands be construed as a reference to such extremity of his right or left arm as he possesses.

Distinguishing Mark:- Before a ballot paper is issued to an elector, the ballot paper and the counterfoil attached thereto, shall be stamped on the back with such distinguishing mark as the State Election Commission may direct and every ballot paper before it is issued shall be signed in full on its back by the Presiding Officer.

Issue of ballot paper:- (1) At the time of issuing a ballot paper to an elector, the polling officer shall,-

record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll, and
obtain the signature or thumb impression of that elector on. the said counterfoil:
mark the name of the elector in the marked 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 the elector:

Provided that, no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper.

(2) No person in the polling station shall note down the serial numbers of the ballot papers issued to the electors.

Maintenance of secrecy of voting by electors and voting procedure:- (1) Every elector to whom a ballot paper has been issued under Rule 46 or any other provisions of these rules shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) The elector on receiving the ballot paper or papers, as the case may be, shall forthwith-

(a) proceed to one of the voting compartments,

(b) make a mark on the ballot paper or papers with the instrument supplied for the purpose on or near the symbol / symbols allotted to the candidate / candidates for whom he intends to vote,

(d) if required, show to the Presiding Officer the distinguishing mark on the ballot paper or papers,

(e) insert the folded ballot paper into the specified ballot box, and

(f) leave the polling station by the exit provided.

(3) Every elector shall vote without undue delay.

(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.

(5) If an elector to whom a ballot paper has been issued refuses, after warning given by the Presiding Officer to observe the procedure laid down in sub-rules (1) and (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a polling officer, under the direction of the Presiding Officer.

(6) After the ballot paper has been taken back, the Presiding Officer shall record on its back the word “Cancelled: voting procedure violated” and put his signature below these words and all such ballot papers shall be kept in a separate cover which shall bear on its face the words “Ballot Papers – voting procedure violated”.

(7) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote, if any recorded on such ballot paper shall not be counted.

Recording of votes of Blind or infirm voters:- (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognise the symbols on ballot paper or to make a mark thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording vote on the ballot paper on his behalf and in accordance with his wishes and if necessary, for folding the ballot paper so as to conceal the vote and insert it into the ballot box:

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

Provided further that when any person is permitted to act as the companion of the elector on any day under this rule, the person shall be required to declare in Form –XXII that he shall keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day.

(2) The Presiding Officer, shall keep a record of all cases under this rule in Form–XXIII.

Spoilt and returned ballot papers:- (1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as “Spoilt: Cancelled” by the Presiding Officer.

Tendered Votes:- (1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on, satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter in these rules referred to as a “Tendered Ballot Paper) in the same manner as any other elector.

(2) Every such person, shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form – XXIV

(3) A tendered ballot paper shall be the same as the other ballot paper used at the polling except that it shall be-

(a) serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) endorsed on the back of the ballot paper and its counterfoil with the words “Tendered Ballot Paper” by the Presiding Officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specifically kept for the purpose.

Closing of Poll and Sealing of Ballot Boxes and covers after poll:- (1) The Presiding Officer shall close the polling station at the hour appointed for closing and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) If any question arises whether an elector was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his decision shall be final.

(3) The Presiding Officer of each polling station, as soon as practicable, after the close of the poll, shall close the slit of the ballot box and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal. The ballot box shall thereafter be sealed and secured.

(4) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (3) before another ballot box is put into use.

(5) The Presiding Officer of each polling station, as soon as practicable, after the close of the poll, shall in the presence of any candidate or polling agents who may be present make up the following into separate packets and seal with his own seal and the seals of such candidates or agents as may desire to affix their seals:

(i) the tendered ballot papers;

(ii) the unused ballot papers;

(iii) the spoilt and returned ballot papers;

(iv) the marked copy of the electoral roll;

(v) the tendered votes list;

(vi) the list of challenged votes;

(vii) the counterfoils of used ballot papers;

the ballot papers cancelled for violation of voting procedure; and
any other papers directed by the State Election Commission to be kept in a sealed cover/packet.

(6) Each packet shall be numbered and shall bear a note as to its contents, description of the election and the polling stations. Where no vote has been recorded at any polling station, the Presiding Officer shall submit a ‘nil’ report.

Account of ballot papers:- (1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form XXV and place it in a separate cover with the words “Ballot Paper Account” superscribed thereon.

(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent therefor and shall also attest it as a true copy.

Delivery of ballot boxes to Returning Officer:- (1) The Presiding Officer shall then, as soon as may be, deliver the ballot boxes and all such packets and papers used at the polling station or cause them to be delivered to the Returning Officer at such places as he may direct.

(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers referred to in this rule from polling stations and for their safe custody until the commencement of this counting of votes.

Procedure on adjournment of poll:- (1) If the poll at any polling station is adjourned under Section 229, the provisions of rules 51 to 53 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf.

(2) When an adjourned poll is recommended under sub-section (2) of Section 229, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.

(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.

(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof.

(5) The provisions of Rules 33 to 53 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

Fresh Poll in case of destruction of ballot boxes or Electronic Voting Machines:- If at any election any ballot box or Electronic Voting Machine used at a polling station is unlawfully taken out of custody of the Presiding Officer or Returning Officer or is accidentally or intentionally destroyed or lost or is damaged or is tampered with to such an extent that the result of the poll at that polling station cannot be ascertained or any such error or irregularity in procedure is likely to vitiate the poll is committed at the polling station, the procedure prescribed in Section 230 of the Act shall be followed.
Counting of votes:– (1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf. Votes shall be counted by or under the supervision of the Returning Officer.

(2) The postal ballot papers shall be counted first.

(3) Each candidate, the election agent and the counting agent of each candidate shall have a right to be present at the time of counting. No other person shall be allowed to be present except such person as the Returning Officer may appoint to assist him in counting votes and no person shall be appointed to assist in counting votes who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election.

(4) The Returning Officer shall, before he commences to count the votes, read out the provisions of Section 217 of the Act to such person as may be present and shall then count and check all the ballot boxes placed for the counting of votes and satisfy himself that all such ballot boxes contain the ballot papers which are to be counted at such place have been received and accounted for.

(5) The Returning Officer shall allow, the candidates and their election agents and counting agents present at the counting, reasonable opportunities to inspect the ballot boxes and their seals for satisfying themselves that they are in order.

(6) If any ballot box is found by the Returning Officer to have been tampered or interfered with or destroyed or lost, or if at any time, before counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally, destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained, the Returning Officer shall follow the procedure laid down in Section 231 of the Act.

(7) (a) Subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf the ballot papers shall be counted after mixing the votes ward-wise/ Gram Panchayat wise/ Territorial Constituency-wise, as the case may be.

(b) The Returning Officer shall open, or cause to be opened, simultaneously the ballot box or boxes used at more than one polling station and shall have the total number of ballot papers found in such box or boxes counted and recorded in Part II of ballot paper account in Form – XXV.

(c) Discrepancy, if any, between the total number of such ballot papers recorded as aforesaid and the total number of ballot papers issued to voters as shown in Item 3 of Part I of the said Form – XXV minus the number of ballot papers cancelled as shown in item 4 thereof and the number of papers as shown in item 5 thereof, shall also be recorded in Part II of Form – XXV.

(8) The Returning Officer shall, as far as practicable, proceed continuously with the counting of the votes and shall, during any necessary intervals during which the counting has to be suspended, place the ballot papers, packets and other documents relating to the election under his own seal and the seals of such candidates or agents as may desire to affix them and shall cause adequate precautions to be taken for their custody.

Counting of Postal Ballot Papers:- (1) The Returning Officer shall first deal with the postal ballot papers in the manner hereinafter provided.

(2) No cover in Form -XIX received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(3) The other covers shall be opened one after another and as each cover is opened, the Returning Officer shall first scrutinise the declaration in Form – XVII contained therein.

(4) If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form -XVIII, that cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.

(5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form – XIX and all such covers in Form – XIX shall be kept in separate packet which shall be sealed and on which shall be recorded the details of the ward/constituency, the date of counting and a brief description of its content.

(6) The Returning Officer shall then place all the declarations in Form – XVII which he has found to be in order in a separate packet which shall be sealed before any cover in Form – XVIII is opened and on which shall be recorded the particulars referred to in sub-rule (5).

(7) The covers in Form – XVIII not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the Returning Officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon.

(8) A postal ballot paper shall be rejected–

(a) if it bears any mark (other than the mark to record the vote) or writing
by which the elector can be identified; or

(b) if no vote is recorded thereon; or

(d) if it is a spurious ballot paper; or

(e) if it is so damaged or mutilated that its identity as a genuine ballot
paper cannot be established; or

(f) if it is not returned in the cover sent along with it to the elector by the
Returning Officer.

(9) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.

(10) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(11) The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate, record the total thereof in the result sheet in Form – XXVI and announce the same.

(12) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seals of the Returning Officer and of such of the candidates, their election agent or counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the details of the ward/constituency, the date of counting and a brief description of its contents.

Grounds for rejection of ballot papers:- (1) The Returning Officer shall reject a ballot paper,-

if it bears any mark or writing by which the elector can be identified, or
if it bears no mark at all to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or
if votes are given on it in favour of more than one candidate, or
if the mark indicating the vote thereon is placed in such manner as to make it doubtful as to which candidate the vote has been given, or
if it is a spurious ballot paper, or
if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or
if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or
if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of Rule 45.

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect:

Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

Before rejecting any ballot paper under sub-rule (1), the Returning Officer shall allow candidates and their counting agents present a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.

The Returning Officer shall endorse on every ballot paper which he rejects the word “rejected” and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement.

All ballot papers rejected under this rule shall be bundled together.

(5) Every ballot paper which is not rejected under this rule shall be counted as one valid vote.

Preparation of Results Sheet: – After counting of all ballot papers contained in all the ballot boxes used in Ward/ Gram Panchayat/Territorial Constituency, as the case may be have been completed, the Returning Officer shall make the entries in a result sheet in Form – XXVI and announce the particulars.

Recount of Votes :- (1) After such announcement has been made under rule 59, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the Returning Officer for recounting of the votes either wholly or in part stating the grounds on which, he demands such recount.

(2) On such an application being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it wholly if it appears to him to be frivolous or unreasonable.

(3) Every decision of the Returning Officer under sub–rule (2) shall be in writing and contain the reasons therefor.

(4) If the Returning Officer decides under sub-rule (2) to allow a recount of the votes either wholly or, in part he shall –

(a) do the recounting in accordance with rule 56.

(b) amend the result sheet in Form – XXVI to the extent necessary after such recount; and

(5) After the total number of votes polled by each candidate has been announced under sub-rule (4), the Returning Officer shall complete and sign the result sheet in Form – XXVI and no application for a further or second recount shall be entertained thereafter.

Equality of Votes:- If, after the counting of the votes is completed an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received the additional vote.

Declaration of result of election and return of election:- (1) The Returning Officer shall subject to the provisions of rule 61 in so far as they apply to any particular case –

(a)declare in Form XXVII the candidate to whom the largest number of valid votes have been given to be elected for the seat and send signed copies thereof to the State Election Commission, Election Authority and District Election Authority.

(b)complete and certify the return of election in Form XXVIII and send copies thereof to the State Election Commission, Election Authority and District Election Authority.

(2) Any candidate or his agent shall, on application be permitted to take a copy of an extract of the return of election in Form XXVIII.

Grant of Election Certificate:- As soon as may be after a candidate has been declared by the Returning Officer under rule 15 or, as the case may be, under rule 62 to have been elected, the Returning Officer shall grant such candidate a certificate of election in Form XXIX and obtain from the candidate an acknowledgement of its receipt duly signed by him immediately.

Publication of Results:- The Returning Officer shall publish on the notice board in the Office of the Gram Panchayat/Mandal Praja Parishad/Zilla Praja Parishad concerned a notification signed by him, stating the names of the candidates duly elected.

Sealing of used ballot papers:- The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the Returning Officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon, and on the packets to be sealed shall be recorded the following particulars, namely –

(a) number of ward/name of the Gram Panchayat or Territorial Constituency of the Mandal Praja Parishad, or the Zilla Praja Parishad, as the case may be; and

(b) the date of counting.

Disposal of Ballot Papers: – (1) The Returning Officer shall, after declaring the results, forward a copy of the return to the Executive Authority concerned and shall handover to the Officer authorised by the District Election Authority the packets of ballot papers, whether counted, rejected or tendered. These packets shall not be opened and their contents shall not be inspected or produced except under the orders of an authority competent to decide election disputes.

(2) The Officer so authorised shall retain packets and the marked copies of the electoral roll for a year and shall then, unless otherwise directed by the orders of an authority competent to decide election disputes, cause them to be destroyed.

CHAPTER – V

VOTING BY ELECTRONIC VOTING MACHINES

Design of Voting Machine:- Every Electronic Voting Machine (hereinafter referred to as the voting machine) shall have a control unit (without Detachable Memory Module/Secured Detachable Memory Module or with Detachable Memory Module/Secured Detachable Memory Module) with one or more balloting units and may also be attached to a printer with a drop box for printing a paper trail of the vote(Voter Verifiable Paper Audit Trail), in such constituency or constituencies or polling station or polling stations or parts there of as the State Election Commission may direct basing on the availability. The number of balloting units shall depend on the number of contesting candidates and number of seats. The design and shape of control unit, balloting unit and printer shall be such, as may be approved by the State Election Commission.

Explanation:- Detachable Memory Module (DMM) / Secured Detachable Memory Module (SDMM) means such electronic memory device which is attached to the control unit of electronic voting machine and keeps the election data safely in secured manner. In all cases where the EVMs are to be revised before the counting process, the DMM/SDMM containing poll data shall be separated and stored securely as per the directions of SEC till they are taken up for counting.

Voter Verifiable Paper Audit Trail (VVPAT) or Verifiable Paper Record (VPR) is a method of providing feedback to voters using a ballotless voting system. A VVPAT is intended as an independent verification system for voting machines designed to allow voters to verify that their vote is recorded correctly, and to provide a means to audit the stored electronic results.

“A ‘voter verified paper audit trail’ (VVPAT) consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record. The ‘voter-verified’ part of the VVPAT refers to the fact that the voter is given the opportunity to verify that the choices indicated on the paper record correspond to the choices that the voter has made in casting the ballot. Thus, the result of an election in an electronic form of the votes cast is tallied with the paper record of the individual votes that have been cast.”

Preparation of Voting Machine by the Returning Officer:– (1)The Balloting Unit of the voting machine shall contain such particulars in such language or languages as the State Election Commission may specify.

(2) The names of the candidates or the symbols allotted to the candidates shall be arranged on the Balloting Unit in the same order in which they appear in the list of the contesting candidates.

(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.

(4) Subject to the foregoing provisions of this rule, the Returning Officer shall; –

fix the label containing the names and symbols of the contesting candidates in the Balloting Unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.
set the number of contesting candidates and close the candidate set section in the Control Unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

(5) where the printer for paper trail is used under the proviso to rule 68, set the printer as per the number of contesting candidates set in the control unit by –

Loading in the printer the serial numbers and names of candidates and symbols allotted to them as given on the balloting units under clause 4 (a);
Loading paper in the printer; and
Sealing the printer in such manner as may be directed by the Election Commission

Arrangements at the Polling Stations:- (1) Outside each polling station there shall be displayed prominently,-

a notice specifying the polling area, the electors of which are entitled to vote at the polling station; and
a copy of the list of contesting candidates.

(2) At each polling station there shall be set up one or more voting compartments in which the electors can record their votes free from observation.

(3) The Returning Officer shall provide at each polling station one or more voting machines and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll.

Admission to Polling Station:- The provisions of Rule 37 shall apply to regulate the entry of electors and other persons inside the polling station.
Preparation of voting machine for poll:– (1) The Control Unit and Balloting Unit of every voting machine used at a polling station and the printer for paper trail where used shall bear a label marked with:-

the details of Territorial Constituency;
the serial number and the name of the polling station;
the serial number of the Balloting unit and Control Unit; and
the serial number of the detachable memory module (DMM) / Secured Detachable Memory Module (SDMM) wherever used;
the serial number of the printer wherever used; and
the date of poll.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the label referred to in sub-rule (1) and where the printer for paper trail is used that the drop box of the printer is empty.

(3) A paper seal shall be used for securing the Control Unit of the voting machine, and the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous of affixing the same.

(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefore in the Control Unit of the voting machine and shall secure and seal the same.

(5) The seal used for securing the Control Unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the “result button” without breaking the seal.

(6) The Control Unit shall be closed and secured and placed in full view of the Presiding Officer and the polling agents and the Balloting Unit placed in the voting compartment.

(7) Where the printer for paper trail is used, the printer shall also be kept along with the balloting unit in the voting compartment and shall be connected to the electronic voting machine in the manner as directed by the State Election Commission.

Marked copy of electoral roll:– Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the polling agents and others present, that the marked copy of the electoral roll to be used during the poll does not contain any entry other than that made with regard to issue of postal ballot papers and election duty certificates.
Facilities for Women electors:– With regard to facilities to women electors, the provisions of rule 40 shall apply.
Identification of electors:- For the purpose of identification of electors, Rule 41 shall apply.
Facilities for public servants on election duty:– With regard to facilities for public servants on election duty provisions of Rule 42 shall apply.
Challenging of Identity:– Where the identity of an elector is challenged, the provisions of Rule 43 shall apply.
Safeguard against personation:– (1) Every elector about whose identity the Presiding Officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or polling officer and an indelible ink mark to be put on it.

(2) If any elector; –

refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or
fails or refuses to produce his identity card or such other document as specified by order of State Election Commission under sub-rule (3) of Rule 41, he shall not be allowed to vote.

(3) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, he construed as a reference to any other finger to his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses.

Procedure for voting by voting machines:– (1) Before permitting an elector, to vote the polling officer shall –

record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form XXX
obtain the signature or the thumb impression of the elector on the said register of voters; and
mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote:

Provided that, no elector shall be allowed to vote unless he has affixed his signature or thumb impression on the register of voters.

(2) It shall not be necessary for any Presiding Officer or polling officer or any other officer to attest the thumb impression of the elector on the register of voters.

Maintenance of secrecy of voting by electors within the polling station and voting procedure:– (1) Every elector who has been permitted to vote under rule 78 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote the elector shall proceed to the Presiding Officer or the polling officer in-charge of the Control Unit of the voting machine who shall, by pressing the appropriate button on the Control Unit, activate the Balloting Unit, for recording of elector’s vote.

(3) The elector shall thereafter forthwith, –

proceed to the voting compartment;
record his vote by pressing the button on the Balloting Unit against the name and symbol of the candidate for whom he intends to vote; and
come out of the voting compartment and leave the polling station.

Provided that where printer for paper trial is used, upon casting the vote by pressing the button as referred to in clause (b), the elector shall be able to view through the transparent window of the printer, kept along with the balloting unit inside the voting compartment, the printed paper slip showing the serial number, name and the symbol of the candidate for whom he has cast his vote before such paper slip gets cut and drops in the drop box of the printer.

(4) Every elector shall vote without undue delay.

(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.

(6) If an elector who has been permitted to vote under rule 78 or rule 83 refuses after warning given by the Presiding Officer to observe the procedure laid down in sub-rule (3) of rule 79 or sub-rule (3) of rule 83, the Presiding Officer or a polling officer under the direction of the Presiding Officer shall not allow such elector to vote.

(7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated shall be made against the elector’s name in the register of voters in Form XXX by the Presiding Officer under his signature.

Procedure in case of complaint about particulars printed on paper slips:- (1) Where printer for paper trail is used, if an elector after having recorded his vote under rule 79 alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer shall obtain a written declaration from the elector as to the allegation, after warning the elector about consequence of making a false declaration.

(2) If the elector gives the written declaration referred to in sub-rule (1), the presiding officer shall make a second entry related to that elector in Register of Votes in From XXX, and permit the elector to record a test vote in the voting machine in his presence and in the presence of the candidates or polling agents who may be present in the polling station, and observe the paper slip generated by the printer.

(3) If the allegation is found true, the Presiding Officer shall report the facts immediately to the Returning Officer, stop further recording of votes in that voting machine and act as per the direction that may be given by the Returning Officer.

(4) If, however, the allegation is found to be false and the paper slip so generated under sub-rule (1) matches with the test vote recorded by the elector under sub-rule(2), then, the Presiding Officer shall –

make a remark to that effect against the second entry relating to that elector in Register of Voters in Form XXX mentioning the serial number and name of the candidate for whom such test vote has been recorded;
obtain the signature or thumb impression of that elector against such remarks; and
make necessary entries regarding such test vote in item 5 in Part I of Accounts of Votes Recorded in Form XXXII.

Recording of votes of blind or infirm electors:– (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmities an elector is unable to read the names or recognise the symbols on the Balloting Unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes:

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare in Form XXII 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 other polling station on that day.

(2) The Presiding Officer shall keep a record of all cases under this rule in Form – XXIII.

Elector deciding not to vote:- If an elector, after his electoral roll number has been entered in the register of votes in Form XXX and has put his signature or thumb impression thereon decides not to record his vote, a remark to this effect shall be made against the said entry in Form XXX by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.
Tendered Votes:– (1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be, instead of being allowed to vote through the Balloting Unit, supplied with a tendered ballot paper which shall be of such design and the particulars of which shall be in such language or languages as the State Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper affix his signature or thumb impression against the entry relating to him in a list in Form – XXXI.

(3) On receiving the ballot paper he shall forthwith –

proceed to the voting compartment;
record there his vote on the ballot paper by placing a cross mark “X” with instrument or article supplied for the purpose, on or near the symbol of the candidate for whom he intends to vote;
fold the ballot paper so as to conceal his vote;
give it to the Presiding Officer who shall place it in a cover specially kept for the purpose; and
leave the polling station.

(4) If owing to blindness or physical infirmities, such elector is unable to record his vote without assistance the Presiding Officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 81 for recording the vote in accordance with his wishes.

Presiding Officer’s entry into the voting compartment during poll:– (1) The Presiding Officer may whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the Balloting Unit is not tampered or interfered with in any way.

(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the Balloting Unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.

(3) Whenever the Presiding Officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.

Closing of Poll:– (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf:

Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his decision shall be final.

Account of votes recorded:– (1) The Presiding Officer shall at the close of the poll prepare an account of votes recorded in Form – XXXII and put it in a separate cover with the words “Account of Votes Recorded” superscribed thereon.

(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in Form – XXXII after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy.

Sealing of voting machine after poll:– (1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the Control Unit to ensure that no further votes can be recorded and shall detach the Balloting Unit from Control Unit and from the printer, where printer is also used, so however, that the paper slips contained in the drop box of the printer shall remain intact.

(2) The Control Unit, the Balloting Unit and the printer, where it is used, shall thereafter be sealed, and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seals.

(3) The polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so.

Sealing of other packets:– (1) The Presiding Officer shall then make into separate packets, –

the marked copy of the electoral roll;
the register of voters in Form – XXX;
the cover containing the tendered ballot papers and the list in Form – XXXI;
the list of challenged votes; and
any other papers directed by the State Election Commission to be kept in a sealed packet.

(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal either of the candidate or of his election agent or of his polling agent who may be present at the polling station and may desire to affix his seal thereon.

Transmission of voting machines, etc., to the Returning Office:– (1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct –

the voting machine;
the account of votes recorded in Form – XXXII;
the sealed packets referred to in rule 88; and
all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes.

Procedure on adjournment of poll:– (1) If the poll at any polling stations is adjourned under Section 229 of the Act, the provisions of rules 85 to 88, shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf.

(2) When an adjourned poll is recommended under sub-section (2) of section 229 of the Act, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.

(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with sealed packet containing the marked copy of the electoral roll, register of voters in Form – XXX and a new voting machine.

(5) The provisions of Rules 67 to 88 shall apply in relation to the conduct of an adjourned poll before it was so adjourned.

Closing of voting machines in case of booth capturing:– Where the Presiding Officer is of opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall immediately close the Control Unit of voting machine to ensure that no further votes can be recorded and shall detach the Balloting Unit from the Control Unit and thereupon the provisions of Section 239 of the Act, in so far as they relate to booth-capturing at a polling station shall apply.
Scrutiny and inspection of voting machines:– (1) The Returning Officer may have the Control Units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

(2) Before the votes recorded in any Control Unit of a voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are in tact.

(3) The Returning Officer shall satisfy himself that none of the voting machines has in fact been tampered with.

(4) If the Returning Officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall report the matter to the State Election Commission.

Counting of votes:- (1) After the Returning Officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked “Result” provided in the Control Unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit.

(2) As the votes polled by each candidate are displayed on the Control Unit, the Returning Officer shall have:-

number of such votes recorded separately in respect of each candidate in Part II of Form – XXXII;
part II of Form – XXXII completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and
corresponding entries made in a result sheet in Form XXVI and the particulars so entered in the result sheet announced.

(3) Provided that the test vote recorded, if any, for a candidate, as per item 4 in Part I of Accounts of Votes Recorded in Form XXXII, shall be subtracted from the number of votes recorded for such candidate as displayed on the control unit.

Scrutiny of Paper Trail:– (1) Where printer for paper trail is used, after the entries made in the result sheet are announced, any candidate, or in his absence, his election agent or any of his counting agents may apply in writing to the returning Officer to count the printed paper slips in the drop box of the printer in respect of any polling station or polling stations.

(2) On such application being made, the returning officer shall, subject to such general or special guidelines, as may be issued by the Election Commission, decide the matter and may allow the application in whole or in part or may reject in whole, if it appears to him to be frivolous or unreasonable.

(3) Every decision of the returning officer under sub-rule (2) shall be in writing and shall contain the reasons therefor.

(4) If the returning officer decides under sub-rule (2) to allow counting of the paper slips either wholly or in part or parts, he shall-

do the counting in the manner as may be directed by the State Election Commission;
if there is discrepancy between the votes displayed on the control unit and the counting of the paper slips, amend the result sheet in Form XXVI as per the paper slips count;
announce the amendments so made by him; and
complete and sign the result sheet.

Sealing of Voting Machines:– (1) After the result of voting recorded in Control Unit has been ascertained candidate-wise, and entered in Form – XXXII and in the form prescribed for this purpose, the Returning Officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix their seals thereon, so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result and where printer for paper trail is used, the returning officer shall seal the paper slips in such manner, as may be directed by the State Election Commission.

(2) The Control Unit and the paper slips so sealed shall be kept in specially prepared boxes on which the Returning Officer shall record the following particulars, namely:-

the details of the territorial constituency;
the particulars of the polling station where the Control Unit has been used;
serial number of the Control Unit;
the serial number of the VVPAT printer, where it is used;
date of poll; and
date of counting.

Sealing of voting machine with DMM/SDMM Facility where CUs & BUs are reused:- (1) A part of the EVM i.e., Electronic Memory Device called as Detachable Memory Module (DMM) or Secured Detachable Memory Module (SDMM) only shall be sealed by separating it from Control Unit.

(2) After the result of voting is ascertained and recorded in the control unit and recorded candidate wise in Part-II of Form-XXXII mentioned in Rule 86, 88, 93 & 97, the Returning Officer shall separate DMM/SDMM from control unit and seal in the manner prescribed by the State Election Commission. During the sealing procedure the candidate or their election agents present may affix their seals and put signatures thereon.

where printer for paper trail is used, the returning officer shall seal the paper slips in such manner, as may be directed by the State Election Commission.

(3) The DMM/SDMM so sealed shall be kept in specially prepared box on which the Returning officer shall record the following particulars:-

(a) The details of the Territorial Constituency;

(b) The Particulars of Polling Station or Stations where the
control unit / DMM / SDMM has been used;

(d) Serial Number of DMM/SDMM used:

(e) Date of Poll; and

(f) Date of counting.

(4) The sealed DMM/SDMM may be used for judicial purpose and other necessary purposes. The control unit may be used for other phases of election.

Custody of Voting Machines or DMMs /SDMMs and papers relating to election:- (1) All voting machines where DMMs /SDMMs are not used and only DMMs /SDMMs where CUs & BUs are reused at an election shall be kept in the custody of the concerned Collector & District Election Authority or the Officer authorized by him.

(2) The Collector & District Election authority or the Officer authorized by him shall keep in the safe custody-

the packets of marked copy of the electoral roll;
the packets containing register of voters in Form – XXX;
the packets containing the number of votes recorded in respect of each candidate in Form – XXXII;
the printed paper slips sealed under the provisions of rule 95 or 96; and
all other papers relating to election.

Production and Inspection of Voting Machines or DMMs / SDMMs and election papers:– (1) While in the custody of the Collector & District Election Authority or the Officer authorized by him –

the packets of marked copy of electoral roll;
the packets containing registers of voters in Form – XXX;
the printed paper slips sealed under the provisions of rule 95 or 96; and

shall not be opened and their contents shall not be inspected by, or produced before any person or authority except under the order of the competent court.

(2) The Control Unit or DMM/SDMM sealed as per the provisions of Rule 95 or 96 kept in the custody of the Collector & District Election Authority or the Officer authorized by him shall be stored in Government Treasury or sub-Treasury and shall not be opened and inspected by, or produced before any person or authority except under the order of the competent court.

Safe custody of Voting Machines or DMMs / SDMMs and all other packets:- (1) The voting machines where DMMs/SDMMs are not used and the DMMs /SDMMs where they are used and kept in the custody of the Collector & District Election Authority or the Officer authorized by him shall be retained in tact for such period as the State Election Commission may direct and shall not be used at any subsequent election without the previous approval of the State Election Commission.

(2) All other packets relating to elections where there is no election petition, shall be destroyed as per the provisions of these rules.

Power of the State Election Commission to issue directions:- Subject to the other provisions of these rules, the State Election Commission may issue such directions as it may consider necessary to facilitate the proper use and operation of the voting machines and also as occasion requires to facilitate the holding of elections under these rules.

CHAPTER – VI

MISCELLANEOUS

Filling up of Casual Vacancies: – Any casual vacancy of Member and Sarpanch of Gram Panchayat and Members of Mandal Praja Parishad/Zilla Praja Parishad shall be filled up within a period of one hundred and twenty days from the date of occurrence of such vacancy in accordance with the provisions of these rules and orders made there under.

Interpretation of rules:- (1) If any question arises on the interpretation of these Rules, otherwise than in connection with an enquiry held under the rules for the decision of disputes as to the validity of an election, the question shall be referred to the State Election Commission whose decision thereon shall be final:

Provided that, the State Election Commission shall not entertain any petition relating to elections that may arise from the time of calling for nomination till the declaration of results. Such cases shall be decided by a court of competent jurisdiction.

(2) If any difficulty arises as to the holding of an election under these rules, the State Election Commission may by order, do anything not inconsistent with these rules, which appear to them necessary for the proper holding of elections.

Particulars of account of election expenses: – (1) The account of election expenses to be kept by a candidate or his election agent shall contain such particulars and shall be in such proforma as may be specified by the State Election Commission.

(2) The account of election expenses of Members of Gram Panchayat, Mandal Praja Parishad and Zilla Praja Parishad shall be submitted to the Mandal Parishad Development Officer (MPDO) concerned within forty-five days of the declaration of the result of the election.

(3) The Mandal Parishad Development Officer immediately on the expiry of forty five days from the date of declaration of the results of elections shall submit the copies of election expenditure statements in respect of the members of Zilla Praja Parishad to the Chief Executive Officer of Zilla Praja Parishad concerned for onward transmission to the State Election Commission.

Notice by Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be for inspection of accounts:- The Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be shall, within two days from the date on which account of election expenses has been received by him/her under Rule 103, cause a notice to be affixed on his notice board, specifying –

(a) the name of the candidate;

(b) the date on which the account has been lodged before the Mandal Parishad Development Officer

(d) the time and place at which such account can be inspected by any intending person.

Inspection of account and the obtaining of copies thereof:- Any person shall on payment of a fee of fifty rupees, be entitled to inspect any such account and on payment of Rs. 200/- or the actual cost of making copies whichever is lesser, be entitled to obtain attested copies of such account or any part thereof.

Report by Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be as to the lodging of the account of election expenses and the decision of the State Election Commission thereon:- (1) As soon as may be, after the expiration of the time specified in Section 238 for the lodging of the accounts of election expenses at any election, the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be shall, report to the State Election Commission –

(a) the name of each contesting candidate;

(b) whether such candidate has lodged his account of election expenses, and if so, the date on which such account has been lodged; and

(c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules.

He/she shall also publish the same information on the office notice board of the Mandal Praja Parishad or Zilla Praja Parishad as the case may be.

(2) Where the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be is of the opinion that the account of election expenses of any candidate has not been lodged within the due date or lodged but not in the manner required by the Act and these rules, he/she shall make a report to the State Election Commission and with every such report, forward the account of election expenses of that candidate and the vouchers lodged along with it, if any.

(3) As soon as may be, after the receipt of the report referred to in sub-rule (1), the State Election Commission shall, consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules.

(4) Where, the State Election commission decides that, a contesting candidate has failed to lodge his account of election expenses within the time and/or in the manner required by the Act and these rules, the Commission shall by notice in writing call upon the candidate to show cause why he/she should not be disqualified, and declared to have ceased to hold office under Section 23 of the Act for the failure in case he/she is elected.

(5) Any contesting candidate who has been called upon to show cause under sub-rule (4) may, within twenty days of the receipt of such notice, submit in respect of the matter a representation in writing to the State Election Commission, and shall at the same time send to Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be a copy of his/her representation together with a complete account of his/her election expenses if he/she had not already furnished such an account.

(6) The Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be, shall, within five days of the receipt thereof, forward to the State Election Commission, the copy of the representation and the account, if any, with such comments as he/she wishes to make thereon.

(7) If, after considering the representation submitted by the candidate and the comments made by the Mandal Parishad Development Officer or Chief Executive Officer of Zilla Praja Parishad as the case may be, and after such inquiry as it thinks fit, the State Election Commission is satisfied that the candidate has no good reason or justification for the failure, the Commission shall declare him/her by an order made under Section 23 of the Act to be ineligible for a period of three years, from the date of the said order, to contest any election held for any office under the Act and if he/she is an elected candidate declare him/her to have ceased to hold office with immediate effect and publish the order in the Official Gazette.

Maximum election expenses:- The total of the election expenses incurred or authorized to be incurred by each contesting candidate in connection with an election shall not exceed the amount specified for each office in the order made by the State Election Commission in this behalf.

VIKAS RAJ

PRINCIPAL SECRETARY TO GOVERNMENT

FORM – I

[See Rule 5]

NOTICE OF ELECTION

Notice is hereby given that:

(1) (a) an election is to be held for the office(s) of Sarpanch / Member(s) in the …………………………… Gram Panchayat in …………….. Mandal Praja Parishad.

Total number of members inclusive of Sarpanch in the Gram Panchayat
are: ………

Reservation particulars for the office of Sarpanch:

………………………………………………………

(d) Reservation particulars for the offices of Ward Members:

Category	Ward Nos.
ST(Women)
ST(General)
SC (Women)
SC (General)
BC (Women)
BC(General)
General (Women)
General (Unreserved)

The post Telangana Panchayat Raj Conduct of Elections Rules 2018 appeared first on Telangana NavaNirmana Sena.

Telangana Panchayat Raj Conduct of Elections Rules 2018

CHAPTER – I

(Preliminary)

CHAPTER – II

(General Provisions)

CHAPTER – III

( Postal Ballot )

CHAPTER – V

(Voting by Electronic Voting Machines)

CHAPTER VI

(Miscellaneous)

I

48-49

CHAPTER – V

VOTING BY ELECTRONIC VOTING MACHINES

CHAPTER – VI

FORM – I

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