PART – VI
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THE POLL
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33.
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Manner of Voting at
Elections.-
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At every election where poll is taken, votes
shall be given by secret ballot in the manner hereinafter provided and no
votes shall be allowed by proxy.
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34.
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Ballot Box or Electronic Voting
Machine.-
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Every Ballot Box or Electronic voting machine
shall be of such design as may be approved by the SCEA.
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35.
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Form of Ballot Paper.-
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Every ballot paper shall be in Form ‘E-10’ and
the names of candidates shall be arranged in the same order in which they
appear in the list of contesting candidates. If candidate having any Alias/
Nick name it may be inserted. However, if two or more candidates bear the
same name, they shall be distinguished by addition of their occupation or
residence or in some other manner which should be determined by the Returning
Officer.
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36.
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Arrangement at Polling
Stations.-
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(1)
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Outside each polling station, there shall be
displayed -
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(a)
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a notice specifying the polling area, the voters
of which are entitled to vote at the polling station and where the polling
station has more than one polling booth, at each of such booth, the description
of the voters allotted to such booth, and
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(b)
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A copy of the list of contesting candidates with
their allotted symbols.
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(2)
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At each polling station, there shall be set-up,
one or more voting compartments in which voters can record their votes
screened from observation.
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(3)
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The Returning Officer shall provide at each
polling station a sufficient number of Ballot Boxes or Electronic Voting
Machine, ballot papers, copies of the list of voters in respect of the
polling area or areas, the voters of which are entitled to vote at such
polling station, instruments for stamping the distinguishing mark on ballot
papers and articles necessary for voters to mark the ballot papers. The
Returning Officer shall also provide at each polling station such other
equipments and accessories as may be required for taking the poll at such
polling station.
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37.
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Admission to Polling
stations-
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The Presiding Officer shall regulate the number
of voters to be admitted at any one time inside the polling station and shall
exclude there from all persons other than,-
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(a)
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Polling Officers;
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(b)
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Public servants on duty in connection with the
election;
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(c)
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Persons authorized by the Election Officer or the
Returning Officer;
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(d)
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Candidates, their Election agents, and subject to
the provisions of Rule 30, one Polling Agent of each candidate;
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(e)
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a child in arms accompanying a voter;
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(f)
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a person accompanying a blind or inform voter who
cannot move without help;
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(g)
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Such other persons as the Returning Officer or
the Presiding Officer may Employ for the purpose of identifying the voter.
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38.
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The preparation of ballot
boxes for poll.-
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(1)
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Where a paper seal is used for securing a ballot
box, the Presiding Officer shall affix his own signature on the paper seal
and obtain thereon the signatures of such of the polling agents present and
are desirous of affixing the same.
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(2)
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The Presiding Officer shall thereafter fix the
paper seal so signed in the space meant therefore in the ballot box and shall
then secure and seal the box in such manner that the slit for the insertion
of ballot paper there into remains open.
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(3)
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The seal used for securing a ballot box shall be
affixed in such manner that after the box has been closed; it is not possible
to open it without breaking the seals.
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(4)
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Where it is not necessary to use paper seals for
securing the ballot box, the Presiding Officer shall secure and seal the
ballot box in such a manner that the slit for the insertion of ballot papers,
remains open and shall allow the Polling Agents present to affix, it they so
desire, their seals.
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(5)
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Every ballot box used at a polling station shall
bear the seal both inside and outside marked with-
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(a)
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the serial number, if any, and the name of
constituency;
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(b)
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the serial number and name of the polling
station;
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(c)
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the serial number of the ballot box to be filled
in at the end of the poll on the label outside the ballot box only ; and
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(d)
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the date of poll.
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(6)
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Immediately before the commencement of the poll,
the Presiding Officers shall demonstrate to the polling agents and other
persons present that the ballot box is empty and bears the labels referred to
in sub-rule (5) of this rule.
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(7)
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The ballot box shall then be closed, sealed and
secured and placed in full view of the Presiding Officer and the Polling
Agents.
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39.
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The preparation of
Electronic Voting Machines for poll.-
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If it is decided to use the electronic voting
machine for the poll the procedure thereof shall be specified by the SCEA,
which shall, as far as technically feasible be in accordance with these rules
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40.
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Identification of voters.-
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(1)
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The Presiding Officer may employ at the polling
station such persons as he thinks fit to help in the identification of the
voters or to assist him at the time of taking poll.
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(2)
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Each voter entering the polling station shall
carry with him his Photo Identity proof as prescribed by the Election
Commission of India or Photo Identity Card issued by society as per
provisions in byelaws of that society.
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(3)
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As each voter enters the polling station, the
Presiding Officer or the Polling Officer authorized by him in this behalf,
shall check the voter's name and other particulars with the relevant entry in
the list of voters and then call out the serial number, name and other
particulars of the voter.
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(4)
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In deciding the right of a person to obtain a
ballot paper, the Presiding Officer or the Polling Officer, as the case may
be, shall overlook clerical or printing errors, in any entry in the list of
voters, if he is satisfied that such person is the same voter whom that entry
relates.
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41.
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Challenging of identity.-
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(1)
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Any Polling Agent may challenge the identity of a
person claiming to be a particular voter by depositing a sum of Rs. 50 in
cash with the Presiding Officer for each such challenge.
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(2)
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On such deposit being made, by that person, the
Presiding Officer shall-
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(a)
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warn the person challenged of the penalty for
personation;
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(b)
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read the relevant entry in the list of voters in
full and ask him whether he is the person referred to in that entry;
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(c)
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enter his name and address in the list of
challenged voters in Form ‘E-11’; and
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(d)
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Require him to affix his signature in the said list.
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(3)
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The Presiding Officer shall, thereafter, hold a
summary inquiry into the allegations and may for that purpose.
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(a)
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require the challenger to adduce evidence in
proof of the challenge and the person challenged to adduce evidence in proof
of his identity;
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(b)
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put to the person challenged any question
necessary for the purpose of Establishing his identity and require him to
answer them on oath; and
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(c)
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administer an oath to the person challenged and
any other person offering to give evidence;
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(4)
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if, after the enquiry, 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;
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(5)
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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 deposit made under sub-rule (1) be forfeited to the Election Fund
and in the other case, he shall return it to the challenger at the conclusion
of the inquiry.
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42.
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Safeguard against
personation.-
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(1)
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With a view to prevent the personation of voters,
every voter about whose identity the Presiding Officer or the Polling
Officer, as the case may be, is satisfied shall, allow his left thumb to be
inspected by the Presiding Officer or the Polling Officer and an indelible
ink mark to be put on it.
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(2)
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If any voter refuses to allow his left thumb to
be inspected or marked in accordance with sub rule (1) or has already such a
mark on his left thumb or does any act with a view to removing the ink mark,
he shall not be supplied with any ballot paper or allowed vote.
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(3)
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Any reference in this rule to the left thumb of a
voter, shall, in the case, where the voter has his left thumb missing, be
construed as a reference to any other finger, or 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 thumb 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
reference to such extremity of his left or right arms as he possesses.
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43.
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Issue of ballot paper.-
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(1)
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No ballot paper shall be issued to any voter
before the hour fixed for the commencement of the poll.
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(2)
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No ballot paper shall be issued to any voter
after the hour fixed for the closing of the poll, except to those voters, who
are present at the polling station at the time of the closing of the poll.
Such voters shall be allowed to record their votes even after the poll hour’s
close.
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(3)
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Every ballot paper shall before issue to a voter
be-
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(a)
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Stamped with such distinguishing mark as the
District Co-operative Election Officer may direct; and
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(b)
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Signed in full on its back by the Presiding
Officer.
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(4)
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At the time of issuing a ballot paper to a voter,
the Polling Officer shall record the serial number thereof against the entry
relating to the voter in the copy of the list of voters set apart for the
purpose.
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(5)
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Save as provided in sub-rule (4) no person in the
polling station shall note down the serial numbers of the ballot papers
issued to particular voters.
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44.
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Voting procedure.-
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(1)
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The voter on receiving the ballot paper shall
forthwith:-
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(i)
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Proceed to one of the polling compartments;
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(ii)
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there make a mark on the ballot paper with the
instrument supplied for the purpose on or near the symbols of the candidate
for whom he intends to vote;
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(iii)
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fold the ballot paper, so as to conceal his vote;
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(iv)
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if required, show the Presiding Officer the
distinguished mark on the ballot paper;
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(v)
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insert the folded ballot paper into the ballot
box;
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(vi)
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Quit the polling station.
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(2)
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No voter shall be allowed to enter a polling
compartment when another voter is inside it.
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45.
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Procedure for voting where
there are no separate constituencies or more than one seat to be filled in
one constituency.-
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In cases where there are no constituencies
defined in the bye-laws or where more than one seat is authorized in the
by-laws for a constituency, voting in so far as these seats are concerned
shall be recorded in accordance with the following provisions, namely:-
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(a)
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every voter shall be entitled to give as many
votes as there are seats for filling, which votes are to be taken but no
voter shall give more than one vote to any one candidate;
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(b)
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the voter shall make a mark on the ballot paper
with the instrument supplied for the purpose on or near the symbols of the
candidate or candidates for whom he intends to vote, so however, that no part
of any mark so made shall appear in the space provided for other candidates.
The voter shall thereafter fold the marked ballot paper, so as to conceal his
vote and insert the folded ballot paper into the ballot box and without undue
delay leave the polling station.
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46.
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Recording of vote of blind
or infirm voter.-
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(1)
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If the Presiding Officer is satisfied that, owing
to blindness or other physical infirmity, a voter is unable to recognize the
symbols on the ballot paper or to make a mark thereon without assistance the
Presiding Officer shall permit the voter to take with him a companion of not
less than eighteen years of age to the voting compartment for recording the
vote on the ballot paper on his behalf and in accordance with his wishes,
and, if necessary, for holding the ballot paper so as to conceal the vote and
inserting it into the ballot box:
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Provided that, no person shall be permitted to
act as the companion of more than one voter at any polling station, on the
same day:
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Provided further that, before any person is
permitted to act as the companion of voter on any day under this rule, he
shall be required to declare in Form ‘E-12’ that he shall keep secret the
vote recorded by him on behalf of the voter and that he has not already acted
as the companion of any other voter at any polling station on that day.
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(2)
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The Presiding Officer shall keep a record in Form
E-13 of all such cases under this rule.
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47.
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Spoilt and Returned ballot
papers.-
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(1)
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A voter who has inadvertently dealt with his
ballot paper in such manner that it cannot be conveniently used as a ballot
paper may, on returning it to the Presiding Officer and on satisfying him of
the inadvertence, be given another ballot paper and the ballot paper so
returned shall be marked 'Spoilt, cancelled' by the Presiding Officer.
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(2)
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If a voter after obtaining a ballot paper decides
not to use it, he shall return it to the Presiding Officer and the ballot
paper so returned shall be marked as 'Returned cancelled’ by the Presiding
Officer.
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(3)
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All ballot papers cancelled under sub-rule (1) or
sub-rule (2) shall be kept in a separate packet.
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48.
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Tendered votes.-
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(1)
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If a person representing himself to be a voter
applies for a ballot paper after another person has already voted as such
voter, he shall, on satisfactorily answering such questions relating to his
identity as the Presiding Officer may ask, be entitled to the following
provisions of this rule, to mark a ballot paper (hereinafter referred to as a
‘tendered ballot paper’) in the same manner as any other voter.
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(2)
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Every such person shall, before being supplied
with a tendered ballot paper, sing his name against the entry relating to him
in a list in Form E-14.
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(3)
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Tendered ballot paper shall be than same as the
other ballot papers used at the polling station, except that it shall be,-
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(a)
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serially the last in the bundle of the ballot
papers issued for use at the Polling station; and
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(b)
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Endorsed on the back with the ‘tendered ballot
Paper’ by the presiding Officer in his own handwriting and signed by him.
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(4)
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The voter , after marking a tendered ballot paper
in the polling compartment, and folding it, shall instead of putting it into
the ballot box, give it to the Presiding Officer who shall place it in a
cover specially kept for the purpose.
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49.
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Closing of poll.-
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(1)
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The Presiding Officer shall close a polling
station at the hour fixed in that behalf under rule 18 and shall not
thereafter admit any voter into the polling station:
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Provided that, all voters present at the polling
station before it is closed shall be allowed to cast their votes.
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(2)
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If any question arises whether a voter was
present at the polling station before, it was closed, it shall be decided by
the Presiding Officer and his decision shall be final.
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50.
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Sealing of ballot boxes
after poll.-
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(1)
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As soon as practicable after closing of the poll,
the Presiding Officer shall, in the presence of any candidates or their
polling agents, close the slit of the ballot box and where the ballot box
does not contain any mechanical device for closing the slip, he shall seal up
the slit and also show any polling agents present to affix his seal.
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(2)
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The ballot box shall thereafter be sealed and
secured.
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(3)
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Where it becomes necessary to use a second ballot
box by reason of the first box getting full, the first box shall be closed,
sealed and secured as provided in sub-rules (1) and (2) before another ballot
box is put into the use.
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51.
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Account of ballot papers.-
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(1)
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The
Presiding Officer shall at the close of the poll prepare a ballot paper
account in Form E-15 and enclose it in a separate cover with the words
'Ballot paper account' super scribed thereon.
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(2)
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The Presiding Officer shall permit a polling
agent, who so desires to take a true copy of the entries made in the ballot
paper account and shall attest it as true copy.
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52.
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Sealing of other packets.-
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(1)
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The Presiding Officer shall then make into
separate packets;-
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(a)
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the Marked copy of the list of voters;
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(b)
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the unused ballot papers;
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(c)
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the spoilt and returned ballot paper;
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(d)
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the covers containing the tendered ballot papers
and the list of the tendered ballot papers;
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(e)
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the list of challenged votes; and
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(f)
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Any other papers directed by the Returning
Officer to be kept in a sealed packet.
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(2)
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Each such packet shall be sealed with the seals
of the Presiding Officer and those polling agents present, who may desire to
affix their seals thereon.
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53.
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Transmission of ballot
boxes, packets etc. to the Returning Officer.-
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(1)
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The Presiding Officer shall then deliver or cause
to be delivered the following to the Returning Officer at such places as the
Returning Officer may direct,-
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(a)
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the ballot boxes;
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(b)
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the ballot paper account;
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(c)
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the sealed packets referred to in Rule 49; and
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(d)
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All other papers used at the poll.
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(2)
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The Returning Officer shall make adequate
arrangements for the safe transport of all ballot boxes, packets and other
papers and for their safe custody until the commencement of the counting of
votes.
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54.
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Fresh poll in case of
destruction etc. of ballot boxes.-
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(1)
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If at any election :-
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(a)
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any ballot box used at a polling station is
unlawfully taken out of the custody of the Presiding Officer or the Returning
Officer or is accidentally or intentionally destroyed or lost, or is damaged
or tampered with, to such an extent, that the result of the poll at the
polling station cannot be ascertained, or
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(b)
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Any such error or irregularity in the procedure
as it likely to vitiate poll is committed at a polling station, the Returning
officer shall forthwith report the matter to the District Co-operative Election
Officer.
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(2)
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The District Co-operative Election Officer upon
receipt of such report, or of his own motion in the circumstances stated in
sub-rule (1) of this rule after taking into consideration all material,
circumstances, and subject to any general or special orders issued by the
SCEA either:-
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(a)
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declare the poll at the polling station to be
void, appoint a day and fix the hours, for taking a fresh poll at that
polling station and notify the day, so appointed and the hours, so fixed in
such manner as may deem fit; or
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(b)
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If satisfied that, the result of a fresh poll at
that polling station will not, in any way, affect the result of the election
or that the error or irregularity in procedure is not material, then he may
issue such directions to the Returning Officer or take such action as he may
deem proper for the election.
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(3)
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The provisions of the Act and the rules or
bye-laws made there under, shall apply to every such poll as they apply to
the original poll.
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