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(a) stamped with such distinguishing mark as the Election Commission may direct; and

(b) signed in full on its back by the presiding officer.
(2) At the time of issuing a ballot paper to an elector, the polling officer shall record the serial number

thereof against the entry relating to the elector in the marked copy of the electoral roll.

(3) Save as provided in sub-rule (2), no person in the polling station shall note down the serial
numbers of the ballot papers issued to particular electors.”;]

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

“(1) On receiving the ballot paper, the elector shall forthwith go into the voting compartment and
insert the ballot paper through the slit into the ballot box allotted to the candidate for whom he wishes to
vote.”;

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

“(1) If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is
unable to recognise the symbols on the ballot boxes or to insert the ballot paper into a ballot box, the
presiding officer shall permit the elector to take with him a companion of not less than 3[eighteen] years of
age to the voting compartment for ascertaining from him the name of the candidate for whom he wishes to
vote and for inserting the ballot paper into the ballot box of such candidate in accordance with the wishes
of such elector:

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

Provided further that before any person is permitted to act as the companion of an elector on any day
under this rule, the person shall be required to declare that he will keep secret the name of the candidate
for whom the elector has voted and that he has not already acted as the companion of any other elector at any
polling station on that day.”];

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

‘42A. Tendered votes.—(1) If a person representing himself to be a particular elector applies for a
ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering
such questions relating to his identity as the presiding officer may ask, be supplied with a ballot paper in
Form 17 (hereafter in these rules referred to as a “tendered ballot paper”).

(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against
the entry relating to him in a list in Form 15.

(3) Such person shall thereafter record on the tendered ballot paper the name of the candidate for whom
he wishes to vote; but if owing to illiteracy, blindness, physical infirmity or any other reason he is unable
to make such record, the presiding officer shall do so in accordance with his wishes.

(4) The procedure laid down in sub-rule (3) shall be followed with due regard to secrecy.
(5) Every such tendered ballot paper shall forthwith be placed in a cover specially kept for the purpose.

4[Provided that where the person referred to in sub-rule (3) is a member of a political party in an
election to fill a seat or seats in the Council of States, the presiding officer, notwithstanding anything
________________________________________________________________________________________________

1. Subs. by Notifn. No. S.O. 1433, dated the 19th April, 1968.
2. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for cl. (e).
3. Subs by Notifn. No. S.O. 542(E), dated the 13th July, 1989.
4. Ins. by Notifn. No. S.O. 272(E), dated the 27th February, 2004.

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contained in. sub-rule (3), shall, before the tendered ballot paper is placed in the said cover, allow the
authorised agent of that political party to verify as to whom such person has cast his vote

Explanation. —For the purposes of this rule, “authorised agent”, in respect of a political party, means an
authorised agent appointed, under sub-rule (2) of rule 39AA as made applicable, by clause (ii) of rule 70, to
election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of
rule 68, by that political party.

42B. Presiding officer’s entry into voting compartment during poll.—(1) The presiding officer may,
whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps
as may be necessary to ensure that the ballot boxes therein are not tampered or interfered within any
way.

(2) If the presiding officer has reason to suspect that an elector who has entered the voting
compartment is tampering or otherwise interfering with any ballot box or has remained inside the
voting compartment unduly long, he shall enter the voting compartment and take such steps as may be
necessary to ensure the smooth and prompt progress of the poll.

(3) Whenever the presiding officer enters the voting compartment under this rule he shall permit the
polling agents present to accompany him.

42C. Disposal of ballot papers found wholly or partly outside ballot boxes.— (1) If any ballot paper
which has been issued to an elector has not been inserted by him into any ballot box but is found
anywhere in or near the polling station, whether within or outside the voting compartment it shall be
deemed to have been returned to the presiding officer under sub-rule (2) of rule 41 and dealt with
accordingly.

(2) If a ballot paper is found partly inserted into the ballot box of a candidate, it shall be presumed that
the intention of the elector was to cast that vote for that candidate and the presiding officer shall
accordingly push the ballot paper into the ballot box.’;

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

“44A. Sealing of ballot boxes after poll.—(1) As soon as practicable after the closing of the poll, the
presiding officer shall close the slit of each ballot box and where the boxes do not contain any
mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to
affix his seals.

(2) All the ballot boxes shall thereafter be sealed and secured.”;
1* * * * *
2[(i) clause (aa) of sub-rule (1) of rule 46 shall not apply; and
(j) in lieu of sub-rules (3) and (4) of rule 48, the following sub-rule shall apply: —

“(3) The returning officer shall provide the presiding officer of the polling station at which such
adjourned poll is held with the sealed packet containing the marked copy of the electoral roll and a set of
new ballot boxes.

(4) The presiding officer shall open the sealed packet in the presence of the polling agents present and
use the marked copy of the electoral roll for recording the serial numbers of the ballot papers issued to
elector at the adjourned poll.”].

________________________________________________________________________________________________
1. Cl.(h) omitted by Notifn. No. S.O. 518(E), dated the 7th September, 1979.
2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for cls. (i) and (j).

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1[CHAPTER II
VOTING BY ELECTRONIC VOTING MACHINES

49A. Design of Electronic Voting Machines.—Every electronic voting machine (hereinafter referred to as the
voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the
Election Commission.

49B. Preparation of voting machine by the returning Officer.—(1) The balloting unit of the voting machine
shall contain such particulars and in such language or languages as the Election Commission may specify.

(2) The names of the candidates shall be arranged on the balloting unit in the same order in which they
appear in the list of the contesting candidates.

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

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

(a) fix the label containing the names and symbol of the contesting candidates in the balloting unit and
secure that unit with his seal and the seals of such of the contesting candidates or their election agents present
as are desirous of affixing the same;

(b) set the number of contesting candidates and close the candidate set section in the control unit and
secure it with his seal and the seals of such of the contesting candidates or their election agents present as are
desirous of affixing the same.

49C. Arrangements at the polling stations.—(1) Outside each polling station there shall be displayed
prominently—

(a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and,
when the polling area has more than one polling station, the particulars of the electors so entitled; and

(b) a copy of the list of contesting candidates.
(2) At each polling station there shall be set up one or more voting compartments in which the electors can

record their votes free from observation.

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

(4) Without prejudice to the provisions of sub-rule (3), the returning officer may, with the previous approval of
the Election Commission, provide one common voting machine for two or more polling stations located in the same
premises.

49D. Admission to polling stations.—The presiding officer shall regulate the number of electors, to be
admitted at any one time inside the polling station and shall exclude therefrom all persons other than—

(a) polling officers;

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

(c) persons authorised by the Election Commission;

(d) candidates, their election agents and subject to the provisions of rule 13, one polling agent of each
candidate;

(e) a child in arms accompanying an elector;
1. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.

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(f) a person accompanying a blind or infirm elector who cannot move without help; and
(g) such other person as the returning officer or the presiding officer may employ under sub-rule (2) of

rule 49G or sub-rule (1) of rule 49H.
49E. Preparation of voting machine for poll.—(1) The control unit and balloting unit of every voting machine

used at polling station shall bear a label marked with—
(a) the serial number, if any, and the name of the constituency;
(b) the serial number and name of the polling station or stations as the case may be;
(c) the serial number of the unit; and
(d) the date of poll.

(2) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling
agents and other persons present that no voter has been already recorded in the voting machine and it bears the label
referred to in sub-rule (4).

(3) A paper seal shall be used for securing the control unit of the voting machine, and the presiding officer
shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present
as the desirous of affixing the same.

(4) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the control
unit of the voting machine and shall secure and seal the same.

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

49F. Marked copy of electoral roll.—Immediately before the commencement of the poll, the presiding
officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be
used during the poll does not contain—

(a) any entry other than that made in pursuance of clause (b) of sub-rule (2) of rule 20; and

(b) any mark other than the mark made in pursuance of clause (b) of sub-rule (2) of rule 23.
49G. Facilities for women electors.—(1) Where a polling station is for both men and women electors, the

presiding officer may direct that they shall be admitted into the polling station alternately in separate batches.

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

49H. Identification of electors.—(1) The presiding officer may employ at the polling station such persons as he
thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

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

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(3) Where the polling station is situated in a constituency electors of which have been supplied with identity
cards under the provisions of the Registration of Electors Rules, 1960, the elector shall produce his identity card
before the presiding officer or the polling officer authorised by him in this behalf.

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

49-I. Facilities for public servants on election duty.—(1) The provisions of rule 49H shall not apply to any
person who produces at the polling station an election duty certificate in Form 12B and seeks permission to cast his
vote at that polling station although it is different from the one where he is entitled to vote.

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

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

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

(c) permit him to cast his vote in the same manner as for an elector entitled to vote at that polling station.
49J. Challenging of identity.—(1) Any polling agent may challenge the identity of a person claiming to be a

particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge.
(2) On such deposit being made, the presiding officer shall—

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

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

(c) enter his name and address in the list of challenged votes in Form 14; and
(d) require him to affix his signature in the said list.

(3) The presiding officer shall thereafter hold a summary inquiry into the challenge and may for that purpose—
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to

adduce evidence of proof of his identity;

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

(c) administer an oath to the person challenged and any other person offering to give evidence.

(4) If, after the inquiry, the presiding officer considers that the challenge has not been established he shall
allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the
person challenged from voting.

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

49K. Safeguards against personation.—(1) Every elector about whose identity the presiding officer or the
polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer
or polling officer and an indelible ink mark to be put on it.

(2) If any elector—

(a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has
already such a mark on his left forefinger or does any act with a view to removing the ink mark, or

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(b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 49H he shall not be
allowed to vote.

(3) Where a poll is taken simultaneously in a Parliamentary constituency and an assembly constituency, an
elector whose left forefinger has been marked with indelible ink or who has produced his identity card at one such
election, shall notwithstanding anything contained in sub-rules (1) and (2) be permitted to cast his vote for the other
election.

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

49L. Procedure for voting by voting machines.—(1) Before permitting an elector to vote, the polling officer
shall—

(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a
register of voters in Form 17A.

(b) obtain the signature or the thumb impression of the elector on the said register of votes; and

(c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed
to vote:

1[(d) give details of the document produced by the elector in proof of his/her identification.]
Provided that no elector shall be allowed to vote unless he has his signature or thumb impression on the register

of voters.

(2) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall be necessary for any presiding officer or
polling officer or any other officer to attest the thumb impression of the elector on the register of voters.

49M. Maintenance of secrecy of voting by electors within the polling station and voting procedures.—(1)
Every elector who has been permitted to vote under rule 49L 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 incharge of the control unit of the voting machine who shall, by pressing the appropriate button on the
control unit, activate the balloting unit; for recording of elector’s vote.

(3) The elector shall thereafter forthwith—

(a) proceed to the voting compartment;

(b) record his vote by pressing the button on the balloting unit against the name and symbol of the
candidate for whom he intends to vote; and

(c) come out of the voting compartment and leave the polling station.
(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 49L or rule 49P refuses after warning given by the
presiding officer to observe the procedure laid down in sub-rule (3) of the said rules, the presiding officer or a
polling officer under the direction of the presiding officer shall not allow such elector to vote.

1. Ins. by Notifn. No. S.O. 728 (E), dated the 8th May, 2007.

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(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 17A by the presiding officer
under his signature.

49N. 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 recognise the symbol 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 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 in Form 14A of all cases under this rule.

49-O. Elector deciding not to vote.—If an elector, after his electoral roll number has been duly entered in
the register of voters in Form 17A and has put his signature or thumb impression thereon as required under sub-rule
(1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form
17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such
remark.

49P. 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 Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper write his name against the entry
relating to him in Form 17B.

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

(a) proceed to the voting compartment;

(b) record there his vote on the ballot paper by placing a cross mark `X’ with the instrument or article
supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;

(c) fold the ballot paper so as to conceal his vote;
(d) show to the presiding officer, if required, the distinguishing mark on the ballot paper;
(e) give it to the presiding officer who shall place it in a cover specially kept for the purpose; and
(f) 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 49N for recording the vote in accordance with his wishes.

49Q. Presiding Officer’s entry in the voting compartment during poll.—(1) The presiding officer may
whenever he considers it necessary so to do, 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.

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(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.

49R. Closing of poll.—(1) The presiding officer shall close a polling station at the hour fixed in that behalf
under section 56 and shall not thereafter admit any elector into the polling station:

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

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

49S. Account of votes recorded.—(1) The presiding officer shall at the close of the poll prepare an account of
votes recorded in Form 17C and enclose 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 17C after obtaining a receipt from the said polling agent therefor and shall attest it as a true
copy.

49T. 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 the control unit.

(2) The control unit and the balloting unit shall thereafter be sealed, and secured separately in such manner
as the 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.

49U. Sealing of other packets.—(1) The presiding officer shall then make into separate packet,—
(a) the marked copy of the electoral roll;
(b) the register of voters in Form 17A;
(c) the cover containing the tendered ballot papers and the list in Form 17B;

(d) the list of challenged votes; and

(e) any other papers directed by the 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.

49V. Transmission of voting machines, etc., to the returning officer.—(1) The presiding officer shall then
deliver or cause to be delivered to the returning officer at such place as the returning officer may direct,—

(a) the voting machine;
(b) the account of votes recorded in Form 17C;
(c) the sealed packets referred to in rule 49U; and
(d) all other papers used at the poll.

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(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.

49W. Procedure on adjournment of poll.—(1) If the poll at any polling station is adjourned under sub-section
(1) of section 57, the provision of rules 49S to 49V shall, as far as practicable, apply as if the poll was closed at the
hour fixed in that behalf under section 56.

(2) When an adjourned poll is recommended under sub-section (2) of section 57, the electors who have already
voted at the poll so adjourned shall not be allowed to vote again.

(3) The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is
held, with the sealed packet containing the marked copy of the electoral roll, register of voters in Form 17A and a new
voting machine.

(4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the
marked copy of the electoral roll for marking the names of the electors who are allowed to vote at the adjourned poll.

(5) The provisions of rule 28 and rules 49A to 49V shall apply in relation to the conduct of an adjourned poll
before it was so adjourned.

49X. Closing of voting machine 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 the voting machine to ensure that no further votes can be recorded and shall detach the balloting that
from the control unit.]

PART V

Counting of votes in Parliamentary and Assembly Constituencies

50. Definitions.—In this Part, unless the context otherwise requires,—

(a) “candidate” means a contesting candidate;

(b) “constituency” means a parliamentary or assembly constituency;

(c) “counting agent” means a counting agent duly appointed under section 47 and includes a candidate
and the election agent of a candidate when present at the counting;

(d) “notified polling station” means a polling station notified under rule 49;

(e) “polling station” means a polling station provided under section 25 other than a notified polling station.

51. Time and place for counting of votes.—The returning officer shall, at least one week before the date, or
the first of the dates, fixed for the poll, appoint the place or places where the counting of votes will be done and the
date and time at which the counting will commence and shall give notice of the same in writing to each candidate
or his election agent:

Provided that if for any reason the returning officer finds it necessary so to do, he may alter the date, time and
place or places so fixed, or any of them, after giving notice of the same in writing to each candidate or his election
agent.

52. Appointment of counting agents and revocation of such appointments.—(1) The number of
counting agents that a candidate may appoint under section 47 shall, subject to such general or special direction as
the Election Commission may issue in this behalf, not exceed sixteen at the place or each of the places, fixed for
counting under rule 51.

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(2) Every such appointment shall be made in Form 18 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 1[not later than one hour before the time fixed] for counting under rule 51.

(3) No counting agent shall be admitted into the place fixed for counting unless he has delivered to the
returning officer the second copy of his appointment under sub-rule (2) after duly completing and signing the
declaration contained therein and receiving from the returning officer an authority for entry into the place fixed
for counting.

(4) The revocation of appointment of a counting agent under sub-section (2) of section 48 shall be made in
Form 19 and lodged with the returning officer.

(5) In the event of any such revocation before the commencement of the counting of votes, the candidate or his
election agent may make a fresh appointment in accordance with sub-rule (2).

53. Admission to the place fixed for counting.—(1) The returning officer shall exclude from the place fixed
for counting of votes all persons except—

(a) 2[such persons (to be known as counting supervisors and counting assistants)] as he may appoint to assist
him in the counting;

(b) persons authorised by the Election Commission;
(c) public servants on duty in connection with the election; and
(d) candidates, their election agents and counting agents.

(2) No person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or
about the election shall be appointed under clause (a) of sub-rule (1).

(3) The returning officer shall decide which counting agent or agents shall watch the counting at any particular
counting table or group of counting tables.

(4) Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of
the returning officer may be removed from the place where the votes are being counted by the returning officer or
by any police officer on duty or by any person authorised in this behalf by the returning officer.

54. Maintenance of secrecy of voting.—The returning officer shall, before he commences the counting, read
out the provisions of section 128 to such persons as may be present.

3[54A. Counting of votes received by post.—(1) The returning officer shall first deal with the postal ballot
papers in the manner hereinafter provided.

(2) No cover in Form 13C 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 13A 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 13B, 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 13C and
all such covers in Form 13C shall be kept in a separate packet which shall be sealed and on which shall be recorded
the name of the constituency, the date of counting and a brief description of its content.

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for certain words.
2. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f 1-1-1969), for certain words.
3. Ins. by Notifn. No. S.O. 3662, dated the 12th October, 1964.

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(6) The returning officer shall then place all the declarations in Form 13A which he has found to be in order in
a separate packet which shall be sealed before any cover in Form 13B is opened and on which shall be recorded the
particulars referred to in sub-rule (5).

(7) The covers in Form 13B 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—
1[(a) if it bears any mark (other than the mark to record the vote) or writing by which the elector can be

identified; or]
2[(aa)] if no vote is recorded thereon; or

(b) if noted are given on it in favour of more candidates than one; or
(c) if it is a spurious ballot paper; or
(d) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(e) 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 candidates,
record the total thereof in the result sheet in Form 20 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 name of the constituency, the date of counting and a brief description of its contents.]

55. Scrutiny and opening of ballot boxes.— 3[(1) The returning officer may have the ballot box or boxes used
at more than one polling station opened and the ballot papers found in such box or boxes counted simultaneously.]

4* * * * *

(2) Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed
to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is
intact.

(3) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.

(4) If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not count
the ballot papers contained in that box and shall follow the procedure laid down in section 58 in respect of that
polling station.
________________________________________________________________________________________________

1. Ins. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.
2. cl. (a) relettered as c1. (aa), ibid.
3. Subs. by Notifn. No. S.O. 518(E), dated the 7th September,1979, for sub-rule (1).
4. Sub-rule (1A) omitted, ibid.

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56. 1[Counting of Votes].— 2[(1) The ballot papers taken out of each ballot box shall be arranged in convenient
bundles and scrutinized.]

(2) The returning officer shall reject a ballot paper—

(a) if it bears any mark or writing by which the elector can be identified, or

3[(b) if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol
of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the
instrument supplied for the purpose, or]

(c) if votes are given on it in favour of more than one candidates, or
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which

candidate the vote has been given, or

(e) if it is a spurious ballot paper, or

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

(g) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be,
design, of the ballot papers authorised for use at the particular polling station, or

(h) if it does not bear 4[both the mark and the signature] which it should have borne under the provisions
of sub-rule (1) of rule 38:

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.

(3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow each counting agent
present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot
paper.

5[(4) 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.]

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

6[(6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote:

Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.

7[(7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been
completed,—

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for the former marginal heading.
2. Subs. by Notifn. No. S.O. 518(E), dated the 7th September,1979, for sub-rule (1).
3. Subs. by Notifn. No. S.O. 505(E), dated the 18th September, 1973, for cl. (b).

4. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f. 1-1-1969).
5. Subs. by Notifn. No. S.O. 479A, dated the 27th January, 1971, for sub-rule (4).
6. Ins. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for rule 57.
7. Subs. by Notifn. No. S.O. 518(E), dated the 7th September, 1979, for sub-rule (7).

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(a) the counting supervisor shall fill in and sign Part II—Result of Counting, in Form 16, which shall also
be signed by the returning officer; and

(b) the returning officer shall make the entries in a result sheet in Form 20 and announce the particulars.]]
1* * * * *

2[57. 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 so sealed shall be recorded the following particulars, namely:—

(a) the name of the constituency;
3[(b) the particulars of the polling station where the ballot papers have been used; and]
(c) the date of counting.]

58. Counting of ballot papers transferred to bags or covers under rule 44.—The provisions of rules 55, 56
and 57 shall apply so far as may be in relation to counting of ballot papers and votes, if any, which have been
transferred from ballot boxes to cloth bags or cloth-lined covers under sub-rule (5) of rule 44:

Provided that every reference in the said rules to a ballot box shall be construed as a reference to a bag or cover
to which the contents of a ballot box have been transferred.

59. Counting of votes at notified polling stations.—In relation to the counting of ballot papers found in
ballot boxes used at notified polling stations, 4[rules 50 to 54] and, in lieu of rules 55, 56 and 57, the following rules
shall apply, namely:—

“55A. Scrutiny and opening of ballot boxes.—(1) All ballot boxes used at a notified polling station
shall be opened at the same time but every ballot box shall be dealt with in such manner that its contents do
not get mixed up with the contents of any other ballot box.

(2) Subject to the provisions of sub-rule (1), the returning officer may have the ballot boxes used at
more notified polling stations than one opened and their contents counted simultaneously.

(3) Before any ballot box is opened, the counting agents present shall be allowed to inspect the paper
seal or any other seal that might have been affixed thereon and to satisfy themselves that it is intact.

(4) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered
with.

(5) If the returning officer is satisfied that any of the ballot boxes has in fact been tampered with, he
shall not count the ballot papers contained in any of the ballot boxes used at the polling station at which
such box was used and shall proceed as laid down in section 58 in respect of that polling station.

(6) After each ballot box is opened, the counting agents present shall be allowed to inspect the ballot
box and satisfy themselves that it bears the proper symbol inside and has been duly marked in accordance

1. Explanation omitted, by Notifn. No. S.O. 518(E), dated the 7th September, 1979.
2. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for rule 57.
3. Cl. (b)
Ins. by Notifn. No. S.O. 518(E), dated the 7th September, 1979. Earlier
it was omitted by Notifn. No. S.O. 5573, dated the 23rd

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

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with the provisions of sub-rule (6) of rule 33 as modified by clause (c) of sub-rule (3) of rule 49.
(7) If any question arises as to the candidate to whom a particular ballot box was allotted at the poll,

the returning officer shall decide such question by a reference to the symbol inside the box:
Provided that—

(a) if there is no symbol inside the box, or

(b) if the symbol inside the box has been damaged or mutilated beyond recognition, or

(c) if the same symbol is found on two or more boxes used at the same polling station, the
returning officer, shall, wherever possible, decide the question by reference to all relevant
circumstances including the distinguishing marks on the ballot box, and where he does not consider
it possible to decide the question, he shall immediately refer it to the Election Commission for its
decision.

56A. 1[Counting of votes].— (1) The ballot papers taken out of each ballot box shall be arranged in convenient
bundles and scrutinised.

(2) The returning officer shall reject a ballot paper—

(a) if it bears any mark or writing by which the elector can be identified; or

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

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

(d) if it bears a serial number, or is of 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

(e) if it does not bear 2[both the mark and the signature] which it should have borne under the provisions
of sub-rule (1) of rule 38:

Provided that where the returning officer is satisfied that any such defect as is mentioned in clause (d) or clause
(e) 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.

(3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow the counting agents
present a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot
paper.

(4) The returning officer shall record on every ballot paper which he rejects the letter ‘R’ and the grounds of
rejection in abbreviated form either in his own hand or by means of a rubber stamp.

(5) All ballot papers taken out of any one ballot box and rejected under this rule shall be made into a separate
bundle.

3[(6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote:

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for the former marginal heading.
2. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f 1-1-1969).
3. Ins. by Notifn. No. S.O. 3662, dated the 12th October, 1964.

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Provided that no cover containing tendered ballot papers shall be opened and no such ballot paper shall be
counted.]

1[(7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been
completed,—

(a) the counting supervisor shall fill in and sign Part II—Result of Counting in 2[Form 16] which shall
also be signed by the returning officer; and

(b) the returning officer shall make the entries in a result sheet in Form 20 and announce the particulars.]

3[57A. Sealing of used ballot papers.—(1) The valid ballot papers found in each ballot box, shall thereafter be
bundled together and kept along with the bundle of rejected ballot papers, if any found in that box in 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 packet so sealed there shall be recorded the
following particulars, namely:—

(a) the name of the constituency,
(b) the particulars of the polling station where the ballot papers have been used,
(c) the name of the candidate to whom the ballot box was allotted, and
(d) the date of counting.

(2) The returning officer shall then place together all the packets made up under sub-rule (1) in respect of each
candidate in a separate container which shall be sealed with the seals of the returning officer and of such of the
candidates, their election agents or their counting agents as may desire to affix their seals thereon and on the container
so sealed shall be recorded the following particulars, namely:—

(a) the name of the constituency,
(b) the names of the candidates, and
(c) the date of counting.]”.

4[59A. 5[Counting of votes in specified constituencies.—Where the Election Commission apprehends
intimidation and victimisation of electors in any constituency and it is of the opinion that it is absolutely
necessary that the ballot papers taken out of all boxes used in that constituency should be mixed before counting, it
may, by notification in the Official Gazette, specify such constituency and for counting of such ballot papers, in lieu
of rules 55, 56, 57 and 59, the following rules shall apply], namely:—

‘55B. Scrutiny and opening of ballot boxes.—(1) 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 From 16:

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f 1-1-1969).
2. Subs. by Notifn. No. S.O. 518 (E), dated the 7th September, 1979, for certain words.
3. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for rule 57A.

4. Ins. by Notifn. No. S.O. 958(E), dated the 17th November, 1989, for rule 59A.
5. Subs. by Notifn. No. S.O. 105(E), dated the 15th February, 1993, for certain words.

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Provided that discrepancy, if any, between the total number of such ballot papers recorded as aforesaid
and the total number of ballot papers shown against item No. 5 of Part I shall also be recorded in Part II of
Form 16.

(2) Before any ballot box is opened at a counting table, the counting agents present at that table shall be
allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy
themselves that it is intact.

(3) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered
with.

(4) If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not
count the ballot papers contained in that box and shall follow the procedure laid down in section 58 in
respect of that polling station.

56B. Counting of votes.—(1) Subject to such general or special directions, if any, as may be given by
the Election Commission in this behalf, the ballot papers taken out of all boxes 1[used at more than one
polling station in a constituency,] shall be mixed together and then arranged in convenient bundles and
scrutinised.

(2) The returning officer shall reject a ballot paper—

(a) if it bears any mark or writing by which the elector can be identified, or

(b) if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the
symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than
with the instrument supplied for the purpose, or

(c) if votes are given on it in favour of more than one candidate, or
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which

candidate the vote has been given, or

(e) if it is a spurious ballot paper, or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be estasblished,
or

(g) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case
may be, design, of the ballot papers authorised for use at the particular polling station, or

(h) if it does not bear both the mark and the signature which it should have borne under the
provisions of sub-rule (1) of rule 38:

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.

1. Subs. by Notifn. No. S.O. 105(E), dated the 15th February, 1993, for certain words.

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(3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow each
counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to
handle it or any other ballot paper.

(4) 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.

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

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

Provided that no cover containing tendered ballot shall be opened and no such paper shall be
counted.

(7) After the counting of all ballot papers contained in all the ballot boxes used in a constituency
has been completed, the returning officer shall make the entries in a result sheet in Form 20A and
announce the particulars.

Explanation. —For the purpose of this rule, the expression “constituency” shall, in relation
to an election from a parliamentary constituency, mean the assembly constituency comprised therein.

57B. 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 so sealed
shall be recorded the following particulars, namely:—

(a) the name of the constituency; and

(b) the date of counting.’.

60. Counting to be continuous.—The returning officer shall, as far as practicable, proceed continuously with
the counting and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets
and all other papers relating to the election sealed with his own seal and the seals of such candidates or election agents
as may desire to affix their seals and take sufficient precaution for their safe custody during such intervals.

61. Recommencement of counting after fresh poll.—(1) If a fresh poll is held under section 58, the
returning officer shall, after completion of that poll, recommence the counting of votes on the date and at the time
and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates
and their election agents.

(2) The provisions of rules 56 and 57 shall apply so far as may be to such further counting.

1* * * * *

63. Re-count of votes.— (1) After the completion of the counting, the returning officer shall record in the
result sheet in Form 20 the total number of votes polled by each candidate and announce the same.

2[(2) After such announcement has been made, a candidate or, in his absence, his election agent or any of his
counting agents may apply in writing to the returning officer to re-count the votes either wholly or in part stating the
grounds on which the demands such re-count.]

1. Rule 62 omitted by Notifn. No. S.O. 3662, dated the 12th October, 1964.
2. Subs., ibid., for sub-rule (2).

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(3) 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 in toto if it appears to him to be frivolous or unreasonable.

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

1[(5) If the returning officer decides under sub-rule (3) to allow a re-count of the votes either wholly or in part,
he shall—

(a) do the re-counting in accordance with 2[rule 54A,] rule 56 or rule 56A, as the case may be;
(b) amend the result sheet in Form 20 to the extent necessary after such re-count; and
(c) announce the amendments so made by him.]

(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule
(5), the returning officer shall complete and sign the result sheet in Form 20 and no application for a re-count shall be
entertained thereafter:

Provided that no step under this sub-rule shall be taken on the completion of the counting until the
candidates and election agents present at the completion thereof have been given a reasonable opportunity to
exercise the right conferred by sub-rule (2).

3[64. Declaration of result of election and return of election.—The returning officer shall, subject to the
provisions of section 65 if and so far as they apply to any particular case, then—

(a) declare in Form 21C or Form 21D, as may be appropriate, the candidate to whom the largest
number of valid votes have been given, to be elected under section 66 and send signed copies thereof to the
appropriate authority, the Election Commission and the chief electoral officer; and

(b) Complete and certify the return of election in Form 21E, and send signed copies thereof to the
Election Commission and the chief electoral officer.]

65. Counting at two or more places. —If ballot papers are counted at more places than one, the provisions of
4[rules 53, 54 and 55 to 60] shall apply to the counting at each such place, but the provisions of 5[rules 54A, 63 and
64] shall apply only to the counting at the last of such places.

66. Grant of certificate of election to returned candidate.—As soon as may be after a candidate has been
declared by the returning officer under the provisions of section 53, or section 66, to be elected, the returning officer
shall grant to such candidate a certificate of election in Form 22 and obtain from the candidate an acknowledgment
of its receipt duly signed by him and immediately send the acknowledgment by registered post to the Secretary of the
House of the People or, as the case may be, the Secretary of the Legislative Assembly.

6[66A. Counting of votes where electronic voting machines have been used.—In relation to the counting of
votes at a polling station, where voting machine has been used,—

(i) the provisions of rules 50 to 54 and in lieu of rules 55, 56 and 57, the following rules shall respectively
apply, namely:—

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for sub-rule (2).
2. Ins. by Notifn. No. S.O. 3450, dated the 9th November, 1966.
3. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f 1-1-1969), for rule 64.

4. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966, for “rules 53 to 60″.
5. Subs., ibid., for “rules 62 to 64″.
6. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.

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‘55C. 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 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 intact.

(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 follow the procedure laid down in section 58,
or section 58A or section 64A, as may be applicable in respect of the polling station or stations where that
machine was used.

56C. 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,—

(a) the number of such votes recorded separately in respect of each candidate in Part II on
Form 17C;

(b) Part II of Form 17C 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

(c) corresponding entries made in a result sheet in Form 20 and the particulars so entered in
the result sheet announced.

57C. Sealing of voting machines.—(1) After the result of voting recorded in a control unit has
been ascertained candidate-wise and entered in Part II of Form 17C and Form 20 under rule 56C, 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 the 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.

(2) The control unit so sealed shall be kept in specially prepared boxes on which the returning
officer shall record the following particulars, namely:—

(a) the name of the constituency;
(b) the particulars of polling station or stations where the control unit has been used;
(c) serial number of the control unit;
(d) date of poll; and
(e) date of counting.’;

(ii) the provisions of rules 60 to 66 shall, so far as may be, apply in relation to voting by voting machines
and any reference in those rules to,—

(a) ballot paper shall be construed as including a reference to such voting machine;

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(b) any rule shall be construed as a reference to the corresponding rule in Chapter II of Part IV or,
as the case may be, to rule 55C or 56C or 57C].

PART VI

Voting at elections by assembly members and in council constituencies

1[67. Definition.– Unless the context otherwise requires, in this Part—

(a) and in rule 84, “authorised agent”, in respect of a political party, means an authorised agent appointed,
under sub-rule (2) of rule 39AA as made applicable, by clause (ii) of rule 70, to election, in a council
constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political
party;

(b) “election” means an election by assembly members or an election in a council constituency.]

68. Notification as to postal ballot.—The Election Commission may, by notification published in the Official
Gazette at any time before the last date for the withdrawal of candidatures at an election, direct that the method of
voting by postal ballot shall be followed:—

(a) at that election, if it is an election by assembly members; or
(b) in the whole or any specified parts of the constituency, if it is an election in a council constituency.

2[69. Notice to electors at election by assembly members.—At an election by assembly members where a
poll becomes necessary, the returning officer for such election shall, as soon as may be after the last date for the
withdrawal of candidatures, send to each elector a notice informing him of the date, time and place fixed for polling.]

70. Rules for conduct of poll.—The provisions of 3[rules 28 to 35 and 36 to 48] shall apply—
(a) to every election by assembly members in respect of which no direction has been issued under clause (a) of

rule 68, and
(b) to every election in a council constituency unless voting by postal ballot has been directed in the whole of

that constituency under clause (b) of rule 68,
subject to the following modifications, namely:—

(i) clause (a) of sub-rule (l) of rule 31 shall not apply to an election by assembly members;
(ii) 4[in lieu of rules 37 to 40], the following rules shall apply:—

“37A. Method of voting.—(1) Every elector has only one vote at an election irrespective of the number of
seats to be filled.

5[(1A) The provisions of sub-rules (1), (2) and (4) of rule 37 shall apply in relation to electors in the
graduates’ constituencies and teachers’ constituencies as they apply in relation to electors in the Parliamentary
constituencies and Assembly constituencies.]

(2) An elector in giving his vote—
________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 272(E), dated the 27th February, 2004.
2. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for rule 69.
3. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966, for “rules 28 to 48″.
4. Subs. by Notifn. No. S.O. 1520, dated the 25th April, 1968, for certain words.
5. Ins. by Notifn. No. S.O. 335(E), dated the 23rd April, 1990.

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(a) shall place on his ballot paper the figure 1 in the Space opposite the name of the
candidate for whom he wishes to vote in the first instance; and

(b) may, in addition, place on his ballot paper the figure 2 or the figures 2 and 3, or the
figures 2, 3 and 4 and so on, in the space opposite the names of the other candidates in the
order of his preference.

1[Explanation.—The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the
international form of Indian numerals or in the Roman form or in the form used in any Indian language
but shall not be indicated in words.]

2[38A. Issue of ballot papers to electors.—(1) Every ballot paper, before it is issued to an
elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark
as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in
full on its back by the presiding officer.

(2) At the time of issuing a ballot paper to an elector, the polling officer shall—
(a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the

electoral roll;
(b) obtain the signature or thumb impression of that elector on the said counterfoil; and

3[(c) mark the name of the elector in the marked copy of the electoral roll to indicate that a
ballot paper has been issued to him, —

(i) and record in the marked copy of the electoral roll, the serial number of the ballot
paper issued to that elector, in the case of an election to fill a seat or seats in the Council of
States;

(ii) without recording therein the serial number of the ballot paper issued to that
elector, in the case of an election to fill a seat or seats in the Legislative Council of a State:”;

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

(3) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding
officer or polling officer or any other officer to attest the thumb impression of the elector on the counterfoil.

(4) 3[Subject to rule 39AA., no person] in the polling station shall note down the serial
numbers of the ballot papers issued to particular electors.

3[(5) Before any ballot paper is delivered to an elector at an election to fill a seat or seats in the
Legislative Council of a State by assembly members or in a local authorities’ constituency, the serial
number of the ballot papers shall be effectively concealed in such manner as the Election Commission
may direct.]

4[39A. Maintenance of secrecy of voting by electors within polling station and voting
procedure.—(1) Every elector, to whom a ballot paper has been issued under rule 38A or under any
________________________________________________________________________________________________

1. Ins. by Notifn. No. S.O. 3875, dated the 15th December, 1966.
2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for rule 38A.
3. Subs. by Notifn. No. S.O.272(E), dated the 27th February, 2004
4. Subs. by Notifn. No. S.O.286(E), dated the 8th May, 1974, for rule 39A.

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other provision of these rules, shall maintain secrecy of voting within the polling station and for
that purpose observe the voting procedure hereinafter laid down.

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

(a) proceed to one of the voting compartments;

(b) record his vote in accordance with sub-rule (2) of rule 37A with the article supplied for
the purpose;

(c) fold the ballot paper so as to conceal his vote;
1[(d) if required, show to the presiding officer, the distinguishing mark on the ballot paper;]
2[(e)] insert the folded paper into the ballot box; and
2[(f)] quit the polling station.

(3) Every elector shall vote without undue delay.

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

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

(6) After the ballot paper has been taken back, the presiding officer shall record on its back the
words “Cancelled: voting procedure violated” and put his signature below those words.

(7) All the ballot papers on which the words “Cancelled: voting procedure violated” are
recorded, shall be kept in a separate cover which shall bear on its face the words “Ballot papers:
voting procedure violated”.

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

3[39AA. Information regarding casting of votes. — (1) Notwithstanding anything contained in
rule 39A, the presiding officer shall, between the period when an elector being a member of a political
party records his vote on a ballot paper and before such elector inserts that ballot paper into the ballot
box, allow the authorised agent of that political party to verify as to whom such elector has cast his
vote:

Provided that if such elector refuses to show his marked ballot paper to the authorised agent of his
political party, the ballot paper issued to him shall be taken back by the presiding officer or a polling
officer under the direction of the presiding officer and the ballot paper so taken back shall then be
further dealt with in the manner specified in sub-rules (6) to (8) of rule 39A as if such ballot paper had
been taken back under sub-rule (5) of that rule.

________________________________________________________________________________________________
1. Ins. by Notifn. No. S.O. 340(E), dated the 4th June, 1986.
2. Cls. (d) and (e) relettered as cls. (e) and (f), respectively, ibid.
3. Ins. by Notifn. No. S.O. 272(E), dated the 27th February, 2004.

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(2) Every political party, whose member as an elector casts a vote at a polling station, shall, for the
purposes of sub-rule (1), appoint, in Form 22A, two authorised agents.

(3) An authorised agent appointed under sub-rule (2) shall be present throughout the polling hours
at the polling station and the other shall relieve him when he goes out of the polling station or vice
versa.]

1[40A. Recording of votes of illiterate, blind or infirm electors.— (1) If an elector is
unable to read the ballot paper or to record his vote thereon in accordance with rule 37A by reason
of illiteracy, blindness or other infirmity, the presiding officer shall, on being satisfied about such
illiteracy, blindness or infirmity, permit the elector to take with him a companion of not less than
2[eighteen] years of age who is able to read the ballot paper and record the vote thereon on behalf
of, and in accordance with the wishes of, the elector and, if necessary, to fold 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 before any person is permitted to act as the companion of an elector on
any day under this rule, the person shall be required to declare that he will keep secret the vote
recorded by him on behalf of the elector and that he has not already acted as the companion of any
other elector at any polling station on that day:

3[Provided also that at an election by assembly members no such companion shall be an
elector at that election.]

(2) The presiding officer shall keep a record in Form 14A of all the cases under this rule.
(3) The presiding officer shall, when he is so requested by the companion of an elector,

explain to him the instructions for the recording of votes.]”;
(iii) in lieu of rule 44, the following rule shall apply:—

“44B. Sealing of ballot box after poll.—As soon as practicable after the close of the poll, the
4[presiding officer] shall, in the presence of any polling agents who may be present, close the slit for
insertion of ballot papers of each ballot box or where the box does not contain any mechanical device
for closing the slit, seal up the slit and secure the ballot box:

Provided that it shall not be necessary to seal the slit or secure the ballot box if the counting of
votes is to begin immediately after the close of the poll.”;

5[(iv) in rule 46, in sub-rule (1), in lieu of clauses (b) and (c), the following clauses shall apply:—
“(b) the ballot papers signed in full by the presiding officer under sub-rule (1) of rule 38A

but not issued to the voters;
(c) the ballot papers cancelled for violation of voting procedure under rule 39A.”].

________________________________________________________________________________________________
1. Ins. by Notifn. No. S.O. 1520, dated the 25th April, 1968.
2. Subs. by Notifn. No. S.O. 542 (E), dated the 13th July, 1989.
3. Added by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

4. Subs. by Notifn. No. S.O. 2912, dated the 21st August, 1964.
5. Subs. by Notifn. No. S.O. 286(E), dated the 8th May, 1974, for cl. (iv).

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PART VII

Counting of votes at Elections by Assembly Members or in Council Constituencies

71. Definitions.—In this Part,—
(1) “continuing candidate” means any candidate not elected and not excluded from the poll at any given

time;
(2) “count” means—

(a) all the operations involved in the counting of the first preferences recorded for candidates; or
(b) all the operations involved in the transfer of the surplus of an elected candidate; or

(c) all the operations involved, in the transfer of the total value of votes of an excluded candidate;
(3) “exhausted paper” means a ballot paper on which no further preference is recorded for a

continuing candidate, provided that a paper shall also be deemed to have become exhausted whenever—

(a) the names of two or more candidates, whether continuing or not, are marked with the same figure
and are next in order of preference; or

(b) the name of the candidate next in order of preference, whether continuing or not, is marked by a
figure not following consecutively after some other figure on the ballot paper or by two or more figures;

(4) “first preference” means the figure 1 set opposite the name of a candidate; “second preference” means
the figure 2 set opposite the name of a candidate; “third preference” means the figure 3 set opposite the
name of a candidate, and so on;

(5) “original vote”, in relation to any candidate, means a vote derived from a ballot paper on which a
first preference is recorded, for such candidate;

(6) “surplus” means the number by which the value of the votes, original and transferred, of any
candidate exceeds the quota;

(7) “transferred vote”, in relation to any candidate, means a vote the value or the part of the value of which
is credited to such candidate and which is derived from a ballot paper on which a second or a subsequent
preference is recorded for such candidate; and

(8) “unexhausted paper” means a ballot paper on which a further preference is recorded for a continuing
candidate.

72. Application of certain rules.—The provisions of rules 51 to 54 shall apply to the counting of votes at any
election by assembly members or in a council constituency as they apply to the counting of votes at an election in a
parliamentary or assembly constituency.

73. Scrutiny and opening of ballot boxes and the packets of postal ballot papers.—(1) The returning officer
shall—

1[(a) first deal with the covers containing the postal ballot papers, if any, in the manner provided in sub-
rules (2) to (7) of rule 54A;

(b) then open the ballot boxes, take out from each box and count the ballot papers contained therein, and
record their number in a statement;]

(c) scrutinise the ballot papers taken out of the ballot boxes as well as the postal ballot papers taken out
from the covers; and

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for cls. (a) and (b).

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(d) separate the ballot papers which he deems valid from those which he rejects endorsing on each of the
latter the word “Rejected” and the ground of rejection.

(2) 1[Subject to rule 38A as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by
assembly members other than by postal ballot under clause (a) of rule 68, a ballot paper shall] be invalid on which—

(a) the figure 1 is not marked; or
(b) the figure 1 is set opposite the name of more than one candidate or is so placed as to render it

doubtful to which candidate it is intended to apply; or
(c) the figure 1 and some other figures are set opposite the name of the same candidate; or

(d) there is any mark or writing by which the elector can be identified; 2[or]
3[(e) there is any figure marked otherwise than with the article supplied for the purpose:

Provided that this clause shall not apply to a postal ballot paper:

Provided further that where the returning officer is satisfied that any such defect as is mentioned in this clause
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.]

4[Explanation.—The figures referred to in clauses (a), (b) and (c) of this sub-rule may be marked in the
international form of Indian numerals or in the Roman form or in the form used in any Indian language, but shall
not be indicated in words.]

74. Arrangement of valid ballot papers in parcels.—After rejecting the ballot papers which are invalid, the
returning officer shall—

(a) arrange the remaining ballot papers in parcels according to the first preference recorded for each
candidate;

(b) count and record the number of papers in each parcel and the total number; and

(c) credit to each candidate the value of the papers in his parcel.

75. Counting of votes where only one seat is to be filled.—(1) At any election where only one seat is to be
filled, every valid ballot paper shall be deemed to be of the value of 1 at each count, and the quota sufficient to secure
the return of a candidate at the election shall be determined as follows:—

(a) add the values credited to all the candidates under clause (c) of rule 74;
(b) divide the total by 2; and
(c) add 1 to the quotient ignoring the remainder, if any, and the resulting number is the quota.

(2) If, at the end of the first or any subsequent count, the total value of the ballot papers credited to any
candidate is equal to, or greater than, the quota or there is only one continuing candidate, that candidate shall be
declared elected.

1. Subs. by Notifn. No. S.O. 272(E), dated the 27th February, 2004.
2. Ins. by Notifn. No. S.O. 286(E), dated the 8th May, 1974.
3. Subs. by Notifn. No. S.O. 795(E), dated the 14th December, 1976, for cl. (e).
4. Ins. by Notifn. No. S.O. 3662, dated the 12th October, 1964.

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(3) If, at the end of any count, no candidate can be declared elected, the returning officer shall—

(a) exclude from the poll the candidate who up to that stage has been credited with the lowest value;

(b) examine all the ballot papers in his parcels and sub-parcels, arrange the unexhausted papers in sub-
parcels according to the next available preferences recorded thereon for the continuing candidates, count the
number of papers in each such sub-parcel and credit it to the candidate for whom such preference is recorded,
transfer the sub-parcel to that candidate, and make a separate sub-parcel of all the exhausted papers; and

(c) see whether any of the continuing candidates has, after such transfer and credit, secured the quota.

(4) If, when a candidate has to be excluded under clause (a) of sub-rule (3), two or more candidates have been
credited with the same value and stand lowest on the poll, the candidate for whom the lowest number of original votes
are recorded shall be excluded, and if this number also is the same in the case of two or more candidates, the
returning officer shall decide by lot which of them shall be excluded.

Counting of votes when more than one seat is to be filled

76. Ascertainment of quota.—At any election where more than one seat is to be filled, every valid ballot paper
shall be deemed to be of the value of 100, and the quota sufficient to secure the return of a candidate at the election
shall be determined as follows:—

(a) add the values credited to all the candidates under clause (c) of rule 74;
(b) divide the total by a number which exceeds by 1 the number of vacancies to be filled; and
(c) add 1 to the quotient ignoring the remainder, if any, and the resulting number is the quota.

77. General instruction.—In carrying out the provisions of rules 78 to 82, the returning officer shall disregard all
fractions and ignore all preferences recorded for candidates already elected or excluded from the poll.

78. Candidates with quota elected.—If at the end of any count or at the end of the transfer of any parcel or sub-
parcel of an excluded candidate the value of ballot papers credited to a candidate is equal to, or greater than the
quota, that candidate shall be declared elected.

79. Transfer of surplus.—(1) If at the end of any count the value of the ballot papers credited to a candidate is
greater than the quota, the surplus shall be transferred, in accordance with the provisions of this rule, to the continuing
candidates indicated on the ballot papers of that candidate as being next in order of the elector’s preference.

(2) If more than one candidate have a surplus, the largest surplus shall be dealt with first and the others in order
of magnitude:

Provided that every surplus arising on the first count shall be dealt with before those arising on the second count
and so on.

(3) Where there are more surpluses than one to distribute and two or more surpluses are equal, regard shall be had
to the original votes of each candidate and the candidate for whom most original votes are recorded shall have his
surplus first distributed; and if the values of their original votes are equal, the returning officer shall decide by lot
which candidate shall have his surplus first distributed.

(4) (a) If the surplus of any candidate to be transferred arises from original votes only, the returning officer shall
examine all the papers in the parcel belonging to that candidate, divide the unexhausted papers into sub-parcels

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according to the next preferences recorded thereon and make a separate sub-parcel of the exhausted papers.

(b) He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers.

(c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted
papers at the value at which they were received by the candidate whose surplus is being transferred.

(d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcels of
unexhausted papers and the value at which each paper shall be transferred shall be ascertained by dividing the
surplus by the total number of unexhausted papers.

(5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the
returning officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the
unexhausted papers into sub-parcels according to the next preferences recorded thereon, and then deal with the
sub-parcels in the same manner as is provided in the case of sub-parcels referred to in sub-rule (4).

(6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers
already belonging to such candidate.

(7) All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart
as finally dealt with.

80. Exclusion of candidates lowest on the poll.—(1) If after all surpluses have been transferred as
hereinbefore provided, the number of candidates elected is less than the required number, the returning officer shall
exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the
continuing candidates according to the next preferences recorded thereon; and any exhausted papers shall be set apart
as finally dealt with.

(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value
of each paper being one hundred.

(3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of
the transfers in which, and at the value at which, he obtained them.

(4) Each of such transfers shall be deemed to be a separate transfer but not a separate count.
(5) If, as a result of the transfer of papers, the value of votes obtained by candidate is equal to or greater than

the quota, the count then proceeding shall be completed but no further papers shall be transferred to him.

(6) The process directed by this rule shall be repeated on the successive exclusions one after another of the
candidates lowest on the poll until such vacancy is filled either by the election of a candidate with the quota or as
hereinafter provided.

(7) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value
of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for
whom fewest original votes are recorded shall be excluded; and if the values of their original votes are equal the
candidates with the smallest value at the earliest count at which these candidates had unequal values shall be
excluded.

(8) If two or more candidates are lowest on the poll and each has the same value of votes at all counts the
returning officer shall decide by lot which candidate shall be excluded.

81. Filling the last vacancies.—(1) When at the end of any count the number of continuing candidates is
reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.

(2) When at the end of any count only one vacancy remains unfilled and the value of the papers of some one
candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not
transferred, that candidate shall be declared elected.

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(3) When at the end of any count only one vacancy remains unfilled and there are only two continuing
candidates and each of them has the same value of votes and no surplus remains capable of transfer, the returning
officer shall decide by lot which of them shall be excluded; and after excluding him in the manner aforesaid, declare
the other candidate to be elected.

82. Provision for re-counts.—(1) Any candidate or, in his absence, his election agent or counting agent may,
at any time during the counting of the votes either before the commencement or after the completion of any
transfer of votes (whether surplus or otherwise) request the returning officer to re-examine and re-count the papers of
all or any candidates (not being papers set aside at any previous transfer as finally dealt with), and the returning
officer shall forthwith re-examine and re-count the same accordingly.

(2) The returning officer may in his discretion re-count the votes either once or more than once in any case in
which he is not satisfied as to the accuracy of any previous count:

Provided that nothing in this sub-rule shall make it obligatory on the returning officer to re-count the same votes
more than once.

83. Illustration of the procedure as to the counting of votes under rules 76 to 81.—An illustration of the
procedure as to the counting of votes in accordance with the provisions of 1[rules 76 to 81] is given in the Schedule to
these rules.

2[84. Declaration of result and return by returning officers.—(1) Upon the completion of counting, the
returning officer shall, subject to the provisions of sub-rule (3) of rule 81,—

(a) declare the result under section 66 in Form 23 or Form 23A as may be appropriate, and send signed
copies thereof to the appropriate authority, the Election Commission and the chief electoral officer;

(b) prepare and certify a return of the election in Form 23B and after reporting the result of the election
under section 67, send signed copies of the said Form to the Election Commission and the chief electoral
officer; and

(c) permit any candidate or his election agent or counting agent to take a copy of, or extract from, such
return in Form 23B.]

1[(2) The returning officer shall thereafter—

(a) place the valid ballot papers in one packet and the rejected ballot papers in another;

(b) seal 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, each of the packets referred to in clause (a) and the packet
containing the declarations by electors and attestations of their signatures; and

(c) record on each of the sealed packets the descriptions of its contents and the date of election.]

3[Provided that where such counting relates to an election to fill a seat or seats in the Council of States, the
returning officer shall, before sealing the packets under clause (b), allow the authorised agent of a political party to
verify as to whom the electors being members of that political party have cast their votes.]
________________________________________________________________________________________________

1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for sub-rule (2).
2. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968, for rule 84, (w.e.f. 1-1-1969).
3. Ins. by Notifn. No. S.O.272(E), dated the 27th February, 2004.

2. Ins. by Notifn. No. S.O. 1283(E), dated the 10th November, 2003.

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85D. Supply of material by the Government.—The Central Government shall, at the time of any general
election to be held for the purposes of constituting the house of the People or the Legislative Assembly of a State
provide to the Election Commission such number of copies of electoral roll, as finally published under the
representation of the People Act, 1950 (43 of 1950), as the Election Commission may require for supplying the same
free of cost to the candidate of recognised political parties through such officers as may be specified by the Election
Commission and such officer shall act in accordance with such general or special directions as may be issued by the
Election Commission in this behalf.’.

PART VIII

Election Expenses

86. Particulars of account of election expenses.—(1) The account of election expenses to be kept by a
candidate or his election agent under section 77 shall contain the following particulars in respect of each item of
expenditure from day to day, namely: —

(a) the date on which the expenditure was incurred or authorised;
(b) the nature of the expenditure (as for example, travelling, postage or printing and the like);
(c) the amount of the expenditure—

(i) the amount paid;

(ii) the amount outstanding;
(d) the date of payment;
(e) the name and address of the payee;
(f) the serial number of vouchers, in case of amount paid;
(g) the serial number of bills, if any, in case of amount outstanding;
(h) the name and address of the person to whom the amount outstanding is payable.

(2)
postage, travel by rail and the like, it is not practicable to obtain a voucher.

A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as

(3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date
of payment and serially numbered by the candidate or his election agent and such serial numbers shall be
entered in the account under item (f) of sub-rule (1).

(4) It shall not be necessary to give the particulars mentioned in item (e) of sub-rule (1) in regard to items of
expenditure for which vouchers have not been obtained under sub-rule (2).

87. Notice by 1[district election officer] for inspection of accounts.—The 1[district election officer] shall,
within two days from the date on which the account of election expenses has been lodged by a candidate under
section 78, cause a notice to be affixed to his notice board, specifying—

(a) the date on which the account has been lodged;

(b) the name of the candidate; and

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 3875, dated the 15th December, 1966, for “returning officer”.

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(c) the time and place at which such account can be inspected.

88. Inspection of account and the obtaining of copies thereof.—Any person shall on payment of a fee of
one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election
Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof.

89. Report by the 1[district election officer] as to the lodging of the account of election expenses and the
decision of the Election Commission thereon.— (1) As soon as may be after the expiration of the time specified in
section 78 for the lodging of the accounts of election expenses at any election, the 1[district election officer] shall
report to the 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.

(2) Where the 1[district election officer] is of the opinion that the account of election expenses of any candidate
has not been lodged in the manner required by the Act and these rules, he shall with every such report forward to the
Election Commission the account of election expenses of that candidate and the vouchers lodged along with it.

(3) Immediately after the submission of the report referred to in sub-rule (1) the 1[district election officer]
shall publish a copy thereof affixing the same to his notice board.

(4) As soon as may be after the receipt of the report referred to in sub-rule (1) the 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.

2[(5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of
election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing
call upon the candidate to show cause why he should not be disqualified under section 10A for the failure.

(6) Any contesting candidate who has been called upon to show cause under sub-rule (5) may within twenty
days of the receipt of such notice submit in respect of the matter a representation in writing to the Election
Commission, and shall at the same time send to district election officer a copy of his representation together with a
complete account of his election expenses if he had not already furnished such an account.

(7) The district election officer shall, within five days of the receipt thereof, forward to the Election
Commission the copy of the representation and the account (if any) with such comments as he wishes to make
thereon.

(8) If, after considering the representation submitted by the candidate and the comments made by the
district election officer and after such inquiry as it thinks fit, the Election Commission is satisfied that the
candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be
disqualified under section 10A for a period of three years from the date of the order, and cause the order to be
published in the Official Gazette.]

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O.3875, dated 15th December, 1966, for “returning officer”.
2. Subs., ibid., for sub-rules (5) to (9).

103

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[90. Maximum election expenses.—The total of the expenditure of which account is to be kept under
section 77 and which is incurred or authorized in connection with an election in a State or Union territory
mentioned in column 1 of the Table below shall not exceed—

(a) in any one parliamentary constituency of that State or Union territory, the amount specified in the
corresponding column 2 of the said Table; and

(b) in any one assembly constituency, if any, of the State or Union territory, the amount specified in the
corresponding column 3 of the said Table—

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 767(E), dated the 29th November, 1979, for rule 90.

104

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[TABLE
________________________________________________________________________________________________

Sl. No. Name of State or Union territory Maximum limit of election
expenses in any one

________________________
Parliamentary Assembly
constituency constituency

________________________________________________________________________________________________
12 34

________________________________________________________________________________________________

I. STATES

1. Andhra Pradesh
   

2. Arunachal Pradesh
   

3. Assam
   

4. Bihar
   

5. Goa
   

6. Gujarat
   

7. Haryana
   

8. Himachal Pradesh
   

9. Jammu amd Kashmir
   

10. Karnataka
    

11. Kerala
    

12. Madhya Pradesh
    

13. Maharashtra
    

14. Manipur
    

15. Meghalaya
    

16. Mizoram
    

17. Nagaland
    

18. Orissa
    

19. Punjab
    

20. Rajasthan
    

21. Sikkim
    

22. Tamil Nadu
    

23. Tripura
    

24. Uttar Pradesh
    

25. West Bengal
    

26. Chhattisgarh
    

27. Uttarakhand
    

28. Jharkhand
    

    II. UNION TERRITORIES
    

1. Andaman and Nicobar Islands
   

2. Chandigarh
   

3. Dadra and Nagar Haveli
   

4. Daman and Diu
   

5. Delhi
   

6. Lakshadweep
   

7. Puducherry
   

40,00,000
27,00,000
40,00,000
40,00,000
22,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
35,00,000
35,00,000
32,00,000
40,00,000
40,00,000
40,00,000
40,00,000
27,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000
40,00,000

27,00,000
22,00,000
16,00,000
16,00,000
40,00,000
16,00,000
32,00,000

16,00,000
10,00,000
16,00,000
16,00,000

8,00,000
16,00,000
16,00,000
11,00,000

——–
16,00,000
16,00,000
16,00,000
16,00,000

8,00,000
8,00,000
8,00,000
8,00,000

16,00,000
16,00,000
16,00,000

8,00,000
16,00,000
8,00,000
16,00,000
16,00,000
16,00,000
11,00,000
16,00,000

–
–
–
–

14,00,000
–

8,00,000]

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 425 (E), dated the 23rd February, 2011.

105

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

PART IX

Miscellaneous

91. Resignation of seats in case of election to more seats than one in a House.—(1) The time within which a
person may resign all but one of the seats in either House of Parliament or in the House or either House of the
Legislature of a State, to which he has been elected shall be—

(a) fourteen days from the date of his election under section 67A; or
(b) where the dates of his election are different in respect of different seats, fourteen days from the last of

those dates.
(2) Such resignation shall be addressed—

(a) to the Speaker or the Chairman of the House concerned; or
(b) whether the office of the Speaker or Chairman is for the time being vacant or is, or is deemed to be,

in abeyance, to the Deputy Speaker or the Deputy Chairman of the House concerned; or

(c) where the post of the Deputy Speaker or Deputy Chairman is also for the time being vacant or is,
deemed to be, in abeyance, to the Election Commission.

(3) Where the resignation has been addressed to the Election Commission under sub-rule (2) the Election
Commission shall, as soon as may be after the receipt of the resignation, send a copy thereof to the Secretary of the
House concerned.

92. Custody of ballot boxes and papers relating to election. —(1) All ballot boxes used at an election shall be
kept in such custody as the chief electoral officer may direct.

1[(1A) All voting machines used at an election shall be kept in the custody of the concerned district election
officer.]

2[(2) The district election officer shall keep in safe custody—

(a) the packets of unused ballot papers with counterfoils attached thereto;

(b) the packets of used ballot papers whether valid, tendered or rejected;

(c) the packets of the counterfoils of used ballot papers;

(d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under
sub-section (1) or sub-section (2) of section 152;

1[(dd) the packets containing registers of voters in Form-17A;]
(e) the packets of the declarations by electors and the attestation of their signatures; and
(f) all other papers relating to the election:

Provided that in the case of an election in an assembly constituency or a parliamentary constituency or a
council constituency which extends over more districts that one, the said papers shall be kept in the custody of such
one of the district election officers having jurisdiction over the constituency as the Election Commission may
direct:

Provided further that in the case of an election by assembly members the said papers shall be kept in the
custody of the returning officer.]
________________________________________________________________________________________________

1. Ins. by Notifn. No. S.O. 230 (E), dated the 24th March, 1992.
2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for sub-rule (2).

106

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[93. Production and inspection of election papers.— (1) While in the custody of the district election officer
or, as the case may be, the returning officer—

(a) the packets of unused ballot papers with counterfoils attached thereto;

(b) the packets of used ballot papers whether valid, tendered or rejected;

(c) the packets of the counterfoils of used ballot papers;

(d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under
sub-section (1) or sub-section (2) of section 152; and

2[(dd) the packets containing registers of voters in form 17-A;]

(e) the packets of the declarations by electors and the attestation of their signatures;
shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except

under the order of a competent court.

2[1A) The control units sealed under the provisions of rule 57C and kept in the custody of the district election
officer shall not be opened and shall not be inspected by, or produced before, any person or authority except under
the orders of a competent court.]

(2) Subject to such conditions and to the payment of such fee as the Election Commission may direct, —
(a) all other papers relating to the election shall be open to public inspection; and
(b) copies thereof shall on application be furnished.

(3) copies of the returns by the returning officer forwarded under rule 64, or as the case may be, under clause
(b) of sub-rule (1) of rule 84 shall be furnished by the returning officer, district election officer, chief electoral officer
or the Election Commission on payment of a fee of two rupees for each copy.]

94. Disposal of election papers.—Subject to any direction to the contrary given by the Election Commission
or by a competent court or tribunal—

1[(a) the packets of unused ballot papers shall be retained for a period of six months and shall thereafter
be destroyed in such manner as the Election Commission may direct;]

2[(aa) the voting machines kept in the custody of the district election officer under sub-rule (1A) of
rule 92 shall be retained intact for such period as the Election Commission may direct and shall not be used at
any subsequent election without the previous approval of the Election Commission;]

(b) the other packets referred to in sub-rule (1) of rule 93 shall be retained for a period of one year and shall
thereafter be destroyed:

3[Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except
with the previous approval of the Election Commission;]

(c) all other papers relating to the election shall be retained for such period as the Election Commission
may direct.

________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for rule 93.
2. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.
3. Added by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

107

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[94A. Form of affidavit to be filed with election petition.—The affidavit referred to in the proviso to sub-
section (1) of section 83 shall be sworn before a magistrate of the first class or a notary or a commissioner of oaths
and shall be in Form 25.]

2[95. Power of the Election Commission to issue directions.—Subject to the other provisions of these rules,
the Election Commission may issue such directions as it may consider necessary to facilitate the proper use and
operation of the voting machines.]

96. List of Members of State Assemblies and electoral colleges.—(1) The returning officer for an election
by the members of the Legislative Assembly of a State, to fill a seat or seats in the Council of States or in the
Legislative Council of a State, shall maintain a list of members of that Assembly with their addresses corrected
up-to-date in such form as the Election Commission may direct.

Explanation.—In this sub-rule any reference to the members of the Legislative Assembly of a State shall, in
relation to an election to the Council of States, be construed as a reference to the elected members of that
Legislative Assembly.

(2) The returning officer for an election by the members of the electoral college of a Union territory to fill a
seat or seats in the Council of States shall maintain a list of members of that electoral college with their addresses
corrected up-to-date in such form as the Election Commission may direct.

97. Number of votes sufficient to secure the return of a candidate in relation to return of forfeiture of
deposits in certain cases.—For the purpose of the proviso to sub-section (4) of section 158—

(a) a candidate who is not elected shall be deemed to get, —

(i) if he is a continuing candidate, the votes obtained by him at the end of the final count, and

(ii) if he is a candidate excluded from the poll, the votes obtained by him at the end of the count
immediately preceding his exclusion;

(b) the quota referred to in rule 75 or rule 76 shall be deemed to be the number of votes sufficient to secure
the return of a candidate.

98. Manner of serving the order of requisition of premises, vehicles, etc.—An order of requisition under
section 160 shall be served—

(a) where the person to whom such order is addressed is a corporation or firm in the manner provided for
the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First
Schedule to the Code of Civil Procedure, 1908 (Act V of 1908); and

(b) where the person to whom such order is addressed is an individual—
(i) personally by delivering or tendering the order, or
(ii) by registered post, or

(iii) if the person cannot be found, by leaving an authentic copy of the order with any adult member
of his family or by affixing such copy to some conspicuous part of the premises in which he is known to
have last resided or carried on business or personally worked for gain.

99. Time for application for reference to arbitration under section 161.—The time within which any person
interested who is aggrieved by the amount of compensation determined under sub-section (1) of section 168 or within
which the owner of a vehicle, vessel or animal who is aggrieved by the amount of compensation determined under
sub-section (2) of that section may make an application for referring the manner to arbitration shall be fourteen days
from the date of determination of the amount of such compensation or where the amount of such compensation
has been determined in the absence of the person interested or, as the case may be, the owner, fourteen days from
the date on which the intimation of such determination is sent to that person or owner.
________________________________________________________________________________________________

1. Ins. by Notifn. No. S.O. 597, dated the 27th February, 1962.
2. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.

108

Notice is hereby given that:—

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[FORM 1
(See rule 3)
NOTICE OF ELECTION

(1) an election is to be held of a member to the House of the People/…………………………………………Legislative
Assembly/………………………………..Legislative Council in the……………………………….constituency;

OR

(1) an election is to be held of a member(s) to the Council of States/…………….legislative Council/…………………by
the elected members of the……………. Legislative Assembly;

(2)
nomination papers may be delivered by a candidate or by any of his
proposers to the Returning
Officer or to ………………………………………………….
Assistant Returning Officer,
at…………………………………………. between 11 A.M. and 3
P.M. on any day (other than public holiday) not later than
the …………………..;

(3) forms of nomination paper may be obtained at the place and time aforesaid;
(4) the nomination papers will be taken up for scrutiny at ………………………….on…………………..at…………

……………………….;

(5) notice of withdrawal of candidature may be delivered either by a candidate or by any of his proposers or by
his election agent who has been authorised in writing by the candidate to deliver it to either of the officers specified
in paragraph (2) above at his office before 3 P.M. on the……………..;

(6) in the event of the election being contested, the poll will be taken on ……………between the hours
of…………………….. and…………….. .

Place………………… Returning Officer.]
Date…………………..

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

109

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[FORM 2A
(See rule 4)
NOMINATION PAPER
Election to the House of the People
STRIKE OFF PART I OR PART II BELOW WHICHEVER IS NOT APPLICABLE

PART I

(To be used by candidate set up by recognised political party)

I nominate as a candidate for election to the House of the People from the………………………Parliamentary
constituency.

Candidate’s name……………………………Father’s/mother’s/husband’s name…………………His postal address
……………….His name is entered at S. No…………….in Part No………………….. of the electoral roll for
…………………………………*(Assembly constituency comprised within)…………….. Parliamentary constituency.

My
name is…………………..and it is entered at
S.No…………………………in Part No………………..of the
electoral
roll for ………………..*(Assembly constituency comprised
within)…………………….Parliamentary constituency.

Date ……………….

(Signature of Proposer).

_________

PART II

(To be used by candidate NOT set up by recognised political party)

We hereby nominate as candidate for election to the House of the People from the……………………………………..
Parliamentary Constituency.

Candidate’s
name…………………Father’s/mother’s/husband’s
name………………..His postal address……………………..His
name is entered at S.No………………… in Part
No…………………………….of the electoral roll for
………………….*(Assembly constituency comprised within)
……………………….Parliamentary constituency.

We declare that we are electors of the above Parliamentary Constituency and our names are entered in the
electoral roll for that Parliamentary Constituency as indicated below and we append our signatures below in token
of subscribing to this nomination:—

Particulars of the proposers and their signatures

__________________________________________________________________________________________________________
Sl. Name of Component Elector roll No. of proposer Full Name Signature Date
No. Assembly Constituency _____________________

Part No. of S. No. in
Electoral that Part
Roll

__________________________________________________________________________________________________________
1234567
__________________________________________________________________________________________________________
1.

2.
3.
4.
5.
6.
7.
8.
9.
10.
________________________________________________________________________________________________
N.B.:—There should be ten electors of the constituency as proposers.
________________________________________________________________________________________________
1. Subs. by Notifn. No. S.O. 558(E), dated the 9th August, 1996, for Forms 2A to 2C.

110

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

PART III

I, the candidate mentioned in Part I/Part II (Strike out which is not applicable) assent to this nomination and
hereby declare—

(a) that I have completed………………………….years of age;
[STRIKE OUT b(i) or b(ii) BELOW WHICHEVER IS NOT APPLICABLE]

(b) (i) that I am set up this election by the………….party, which is recognised National Party/State Party in
this State and that the symbol reserved for the above party be allotted to me.

OR

(b) (ii) that I am set up at this election by the ……………………party, which is a registered-
unrecognised political party/that I am contesting this election as an independent candidate. (Strike out
which is not applicable) and that the symbols I have chosen, in order of preference, are:—

(i)………………………………….. (ii)……………………………………………..(iii)……………………………………………
(c) that my name and my father’s/mother’s/husband’s name have been correctly spelt out above

in………………………… (name of the language);

(d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to
fill the seat in the House of the People.

*I further declare that I am a member of the……………………..
**Caste/tribe which is a scheduled
***caste/tribe of the State of……………..in relation to………………(area) in that State.

I also declare that I have not been, and shall not be.

****nominated as a candidate at the present general election/the bye-elections being held simultaneously, to the
House of the People from more than two Parliamentary Constituencies.

Date………………. (Signature of Candidate).

________________________________________________________________________________________________
*Score
out the words “assembly constituency comprised within” in the case of
Jammu and Kashmir, Andaman and Nicobar Islands, Chandigarh,
Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.
**Score out this paragraph, if not applicable.

***Score out the words not applicable.
****Not applicable in the case of Jammu and Kashmir, Andaman and Nicobar
Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu and
Lakshadweep.
N.B.—A “recognised political party” means a political party recognised
by the Election Commission under the Election Symbols (Reservation and
Allotment) Order, 1968 in the State concerned.
________________________________________________________________________________________________

Whether the candidate—
(i) has been convicted—

1[PART IIIA
(To be filled by the candidate)

(a) of any offence(s) under sub-section (1); or
(b) for contravention of any law specified in sub-section (2), of section 8 of the
Representation of the People Act, 1951 (43 of 1951); or

Yes/No.

________________________________________________________________________________________________
1. Ins. by Notifn. No. S.O. 935(E), dated the 3rd September, 2002.

111

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years
or more.

If the answer is “Yes”, the candidate shall furnish the following information:

(i) Case/first information report No./Nos………………………………………………………………………..
(ii) Police station(s)…………………..District(s)………………………………….State(s)……………………
(iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been

convicted………….
(iv) Date(s) of conviction(s)…………………………………………………………………………………………
(v) Court(s) which convicted the candidate…………………………………………………………………………
(vi)Punishment(s) imposed [indicate period of imprisonment(s) and/or quantum of

fine(s)]……………………………..

(vii) Date(s) of release from prison…………………………………………………………………………………

(viii) Was/were any appeal(s)/revision(s) filed against above conviction(s)……………………………….Yes/No

(ix) Date and particulars of appeal(s)/application(s) for revision filed…………………………………………….

(x) Name of the court(s) before which the appeal(s)/application(s) for revision filed…………………………….

(xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are
pending…………………

Place:

(Signature of Candidate)].

(xii) If the said appeal(s)/application(s) for revision has/have been disposed of—
(a) Date(s) of disposal…………………………………..

(b) Nature of order(s) passed…………………………..

Date:
________________________________________________________________________________________________

PART IV

(To be filled by the Returning Officer)
Serial No. of nomination paper………………………………

This nomination was delivered to me at my officeat…………….(hour) on…………………..(date)
by the *candidate/proposer.

Date………………. Returning Officer.
________________________________________________________________________________________________

PART V
Decision of Returning Officer Accepting or Rejecting the Nomination Paper

I have examined this nomination paper in accordance with section 36 of the Representation of the People Act,
1951(43 of 1951) and decide as follows:—

Date…………….
Returning Officer.
(Perforation)…………………………………………………………………………………………………………………………….
________________________________________________________________________________________________
* Score out the word not applicable.
________________________________________________________________________________________________

112

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

PART VI
Receipt for Nomination Paper and Notice of Scrutiny
(To be handed over to the person presenting the Nomination Paper)

Serial
No. of nomination
paper…………………………………………………………………………………………..

The
nomination paper of………………………………….a candidate
for election from the…………………………………………
Parliamentary constituency was delivered to me at my office
at……………(hour) on……………….(date) by the
*candidate/proposer. All nomination papers will be taken up for scrutiny
at……………(hour) on……………(date)
at……………….(Place).

Date……………….. Returning Officer.

________________________________________________________________________________________________
*Score out the word not applicable.

113

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

FORM 2B
(See rule 4)
NOMINATION PAPER

Election to the Legislative Assembly of………………………(State)
STRIKE OFF PART I OR PART II BELOW WHICHEVER IS NOT APPLICABLE

PART I
(To be used by candidate set up by recognised political party)

I
nominate as a candidate for election to the Legislative Assembly from
the………………………………..Assembly
Constituency. Candidate’s name………………….
Father’s/mother’s/husband’s
name…………………………………..His postal
address…………………. His name is entered at Sl.
No……………….in Part No…………………………….of the
electoral roll for
………………………………….Assembly constituency. My name
is …………………………………….and it is entered at Sl.
No.
……………………………..in Part
No……………………………….of the electoral roll for
the…………………………….Assembly
constituency.

Date ………………..

(Signature of the Proposer).

__________
PART II

We hereby nominate as candidate for election to the Legislative Assembly from the……………….Assembly
Constituency.

Candidate’s name…………………Father’s/mother’s/husband’s name………………….His postal address…………….

His name is entered at Sl. No………..in Part No……….of the electoral roll for…………..Assembly
constituency.

We declare that we are electors of this Assembly constituency and our names are entered in the electoral roll
for this Assembly constituency as indicated below and we append our signatures below in token of subscribing to
this nomination:-

Particulars of the proposers and their signatures

________________________________________________________________________________________________
Sl. Electoral Roll No. of proposer
No. _____________________________

Part No. of electoral Sl. No. in Full name Signature Date

roll constituency that part
________________________________________________________________________________________________
123456
________________________________________________________________________________________________
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
________________________________________________________________________________________________
N.B.:-There should be ten electors of the constituency as proposers.

114

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

PART III

I, the candidate mentioned in Part I/Part II (Strike out which is not applicable) assent to this nomination and
hereby declare—

(a) that I have completed……………..years of age;
[STRIKE OUT b(I) OR b(II) BELOW WHICHEVER IS NOT APPLICABLE]

(b) (i) that I am set up at this election by the …………………..party, which is recognised National
Party/State Party in this State and that the symbol reserved for the above party be allotted to me.

(ii) that I am set up at this election bythe………………………………..party, which is a
registered unrecognised political party/that I am contesting this election as an independent candidate. (Strike
out which is not applicable) and that the symbols I have chosen, in order of preference, are: —

(i)…………………………….. (ii)…………………….. (iii)………………………….

(c) that my name and my father’s/mother’s/husband’s name have been correctly spelt out above
in…………………………. (name of the language);

(d) That to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen
to fill the seat in the Legislative Assembly of this State.

! I
***caste/tribe of the State of……………….in relation to……………………(area) in that State.

further declare that I am a member of the……………………..**Caste/tribe which is a scheduled

I also declare that I have not been, and shall not be……………

****nominated as a candidate at the present general election/the bye-elections being held simultaneously, to the
Legislative Assembly …………… of (State) from more than two Assembly constituencies.

Date………………….. (Signature of Candidate).

________________________________________________________________________________________________
!Score out this paragraph, if not applicable.

N.B.—A “recognised political party” means a political party recognised by the Election Commission under the Election
Symbols (Reservation and Allotment) Order, 1968 in the State concerned.

115

Whether the candidate—
(i) has been convicted—

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[PART IIIA
(To be filled by the candidate)

(a) of any offence(s) under sub-section (1); or
(b) for contravention of any law specified in sub-section (2) of section 8 of the Representation of the People

Act, 1951 (43 of 1951); or

(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years
or more.

If the answer is “Yes”, the candidate shall furnish the following information:

(i) Case/First information report No./Nos. …………………………………………………………………..

(ii) Police station(s)………………………District(s)……………………………State(s)…………………..

(iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been
convicted ……………………………………………………………………………………………………..

(iv) Date(s) of conviction(s)……………………………………………………………………………………
(v) Court(s) which convicted the candidate…………………………………………………………………..
(vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantam of fine(s)]………………………..
(vii) Date(s) of release from prison………………………………………………………………………………
(viii) Was/were any appeal(s)/revision(s) filed against above conviction(s)…………..Yes/No
(ix) Name of the court(s) before which the appeal(s)/application(s) for revision filed……………………………….
(x) Name of the court(s) before which the appeal(s)/application(s) for revision filed………………………………..
(xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending…………….
(xii) If the said appeal(s)/application(s) for revision has/have been disposed of—

(a) Date(s) of disposal…………………………………

(b) Nature of order(s) passed………………………….
Place:

Date:

(Signature of the candidate)]

________________________________________________________________________________________________
1. Ins by Notifn. No. S.O. 935(E), dated the 3rd September, 2002.

Yes/No

116

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

PART IV
(To be filled by the Returning Officer)

Serial No. of nomination paper ……………..
This nomination was delivered to me at my office at ……….(hour) on…………(date) by the *candidate/proposer.
Date……………….

Returning Officer.

_______________________________________________________________________________________________
*Score out the word not applicable.
_______________________________________________________________________________________________

PART V
Decision of Returning Officer Accepting or Rejecting the Nomination Paper

I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951
and decide as follows: —

Date……….
(Perforation)……………………………………

Returning Officer.

PART VI
Receipt for Nomination Paper and Notice of Scrutiny

(To be handed over to the person presenting the Nomination Paper)
Serial No. of nomination paper………………….

_________

The
nomination paper of…………………….a candidate for election
from the…………………..Assembly constituency was
delivered to me at my office at…………..(hour)
on………………….(date) by the *candidate/proposer. All
nomination papers will be taken up for scrutiny at …………..(hour)
on…………………(date)
at………………..(Place).

Date……………

Returning Officer.

________________________________________________________________________________________________
*Score out the word not applicable.

117

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

FORM 2C
(See rule 4)

NOMINATION PAPER

Election to the Council of States

1[PART I]
We hereby nominate as a candidate for election to the Council of States:

Candidate’s Name………………. [father’s/mother’s/husband’s name] ……………….His postal address……………..

His name is entered at S.No……………….in Part No………………of the electoral roll for the
…….assembly/*Parliamentary constituency.

We declare that we are elected members of the Legislative Assembly of………………………… electoral college
for…… and our names are entered as indicated below in the list maintained under section 152 and we append our
signatures below in token of subscribing to his nomination:

Particulars of the proposers and their signatures

________________________________________________________________________________________________
Sl. Sl.No. as entered in the list maintained under sec. 152 Full Name Signature Date
________________________________________________________________________________________________
12345
________________________________________________________________________________________________
1.

2.
3.
4.
5.
6.
7.
8.
9.
10.**
________________________________________________________________________________________________
* For Jammu and Kashmir only.

**There should be ten per cent. of the elected members of the Legislative Assembly or ten per cent. of the
members of the electoral college or ten members concerned, whichever is less, as proposers.

I, the above-mentioned candidate, assent to this nomination and hereby declare—

(a) that I have completed ……………………….years of age;

(b) that I am set up at this election by the ……….party;

(c) that my name and my [father’s/mother’s/husband’s name] have been correct spelt out above in………….(name
of the language); and

(d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill
the seat in the Council of States.

I also declare that I have not been, and shall not be, nominated as a candidate at the present biennial election/bye-
elections being held simultaneously, to the Council of States for more than two seats.

Date ………………

(Signature of the candidate)

________________________________________________________________________________________________
1. Ins. by Notifn. No. S.O. 935 (E), dated the 3rd September, 2002.

118

Whether the candidate—
(i) has been convicted—

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[PART II
(To be filled by the candidate)

(a) of any offence(s) under sub-section (1); or
(b) for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People

Act, 1951 (43 of 1951); or

(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or
more.

If the answer is “Yes”, the candidate shall furnish the following information:

(i) Case/First information report No./Nos. …………………………………………………………………..

(ii) Police station(s)………………………District(s)……………………………State(s)…………………..

(iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been
convicted ……………………………………………………………………………………………………..

(iv) Date(s) of conviction(s)……………………………………………………………………………………
(v) Court(s) which convicted the candidate…………………………………………………………………..
(vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantam of fine(s)]………………………..
(vii) Date(s) of release from prison………………………………………………………………………………
(viii) Was/were any appeal(s)/revision(s) filed against above conviction(s)…………..Yes/No
(ix) Date and particulars of appeal(s)/application(s) for revision filed……………………………….
(x) Name of the court(s) before which the appeal(s)/application(s) for revision filed………………………………..
(xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending…………….
(xii) If the said appeal(s)/application(s) for revision has/have been disposed of—

(a) Date(s) of disposal…………………………………

(b) Nature of order(s) passed………………………….
Place:

Date:

(Signature of the candidate)]

________________________________________________________________________________________________
1. Ins by Notifn. No. S.O. 935 (E), dated 3rd September, 2002.

Yes/No

119

Conduct of Elections Rules, 1961
(Statutory Rules and Order)

1[PART III]
(To be filled by the Returning Officer)

Serial No. of Nomination Paper…………………..

This nomination was delivered to me at my officeat……………..(hours) on………….(date) by
the candidates/proposer…………..(Name).

Date………..

Returning Officer.

________________________________________________________________________________________________
NOTE.—Wherever alternative is provided score out the word(s) not applicable.
________________________________________________________________________________________________

1[PART IV]
Decision of Returning Officer accepting or rejecting the Nomination Paper.

I have examined this nomination paper in accordance with section 36 of the Representation of the People Act,
1951(43 of 1951) and, decide as follows:—

Date……..

Returning Officer.
________________________________________________________________________________________________

Perforation……………

1[PART V]
Receipt of Nomination Paper and Notice of Scrutiny

(To be handed over to the person presenting the nomination paper)
Serial No. of Nomination Paper………………

The nomination paper of …..a candidate for election to the Council of States by the elected members of the
Legislative Assembly of….. ………(State)/Members of the Electoral College of……………….(State)/was delivered to
me at my office at……..(hour) on………………..(date) by thecandidate/proposer…………..(Name). All
nomination papers will be taken up for scrutiny at…..(hour) on ……………(date) at…………….(place).

Date…………………

Returning Officer(s).]

________________________________________________________________________________________________
1. Ins by Notifn. No. S.O. 935(E), dated, the 3rd September, 2002.