Manner of voting at elections - At every election where poll is taken, votes shall be given by secret ballot or Electronic Voting Machine in the manner hereinafter provided and no votes shall be allowed by proxy.
Ballot Box or Electronic voting machine. -Every Ballot Box or Electronic voting machine shall be of such design as may be approved by the SCEA.
Form of ballot paper.- 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.
Arrangement at Polling Stations. -
Outside each polling station, there shall be displayed,
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
a copy of the list of contesting candidates with their allotted symbols.
At each polling station, there shall be set-up, one or more voting compartments in which voters can record their votes screened from observation.
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.:
Admission to Polling Station.- 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,-
Polling Officers ;
Public servants on duty in connection with the election ;
Persons authorized by the Election Officer or the Returning Officer ;
Candidates, their Election agents, and subject to the provisions of rule 30, one Polling Agent of each candidate ;
a child in arms accompanying a voter ;
a person accompanying a blind or inform voter who cannot move without help ;
such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identifying the voter.
The preparation of ballot boxes for poll.-
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.
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.
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.
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, if they so desire, their seals.
Every ballot box used at a polling station shall bear the seal both inside and outside marked with-
the serial number, if any, and the name of constituency ;
the serial number and name of the polling station ;
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
the date of poll
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.
The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer and the Polling Agents.
The preparation of Electronic Voting Machines for poll. -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 is technically feasible be in accordance with these rules.
Identification of voters. -
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.
Each voter entering the polling station shall carry with him his Photo Identity proof as prescribed by the Election Commission of India, Central or State Government or Photo Identity Card issued by society as per provisions in bye-laws of that society.
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.
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.
Challenging of identity. -
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.
On such deposit being made, by that person, the Presiding Officer shall-
warn the person challenged of the penalty for personation;
read the relevant entry in the list of voters in full and ask him whether he is the
enter his name and address in the list of challenged voters in FORM 'E-11', and
require him to affix his signature in the said list.
The Presiding Officer shall, thereafter, hold a summary inquiry into the allegations and may for that purpose ;
require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity ;
put to the person challenged any question necessary for the purpose of establishing his identity and require him to answer them on oath ; and
administer an oath to the person challenged and any other person offering to give evidence.
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.
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.
Safeguard against presentation.-
With a view to prevent the presentation 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.
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.
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.
Issue of ballot paper.-
No ballot paper shall be issued to any voter before the hour fixed for the commencement of the poll.
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.
Every ballot paper shall before issue to a voter be-
Stamped with such distinguishing mark as the District Co-operative Election Officer may direct ; and
Signed in full on its back by the Presiding Officer.
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.
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.
Voting procedure-
The voter on receiving the ballot paper shall forthwith :
Proceed to one of the polling compartments ;
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 ;
fold the ballot paper, so as to conceal his vote ;
if required, show the Presiding Officer the distinguished mark on the ballot paper ;
insert the folded ballot paper into the ballot box ;
quit the polling station.
No voter shall be allowed to enter a polling compartment when another voter is inside it.
Procedure for voting where there are no separate constituencies or more than one seat to be filled in one constituency.-
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;
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.
Recording of vote of blind or infirm voter.-
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 :
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:
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 the vote recorded by him on behalf of the voter secret and that he has not already acted as the companion of any other voter at any polling station on that day.
The Presiding Officer shall keep a record in FORM E-13 of all such cases under this rule.
Spoilt and Returned ballot papers.-
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.
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.
All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.
Tendered votes.-
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.
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.
Tendered ballot paper shall be the same as the other ballot papers used at the polling station, except that it shall be,-
serially the last in the bundle of the ballot papers issued for use at the polling station; and
endorsed on the back with the 'Tendered Ballot Paper' by the Presiding Officer in his own handwriting and signed by him.
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.
Closing of poll.-
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:
Provided that, all voters present at the polling station before it is closed shall be allowed to cast their votes.
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.
Sealing of ballot boxes after poll.-
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.
The ballot box shall thereafter be sealed and secured.
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.
Account of ballot papers. -
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.
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.
Sealing of other packets.-
The Presiding Officer shall then make into separate packets,-
the Marked copy of the list of voters;
the unused ballot papers;
the spoilt and returned ballot paper;
the covers containing the tendered ballot papers and the list of the tendered ballot papers;
the list of challenged votes ; and
Any other papers directed by the Returning Officer to be kept in a sealed packet
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.
Transmission of ballot boxes, packets, etc. to the Returning Officer.-
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,-
the ballot boxes ;
the ballot paper account ;
the sealed packets referred to in Rule 49 ; and
all other papers used at the poll.
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.
Fresh poll in case of destruction etc. of ballot boxes.-
If at any election,-
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
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.
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.-
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
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.
The provisions of the Act and the rules or bye-laws made thereunder, shall apply to every such poll as they apply to the original poll.
