(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Representation of the People Act, 1951 (43 of 1951);
(b) “ballot box” includes any box, bag or other receptacle used for the insertion of ballot paper by voters;
2[(ba) “counterfoil” means the counterfoil attached to a ballot paper printed under the provisions of these rules;]
3* * * * *
(c) “election by assembly members” means an election to the Council of States by the elected members of the Legislative Assembly of a State by the members of the electoral college of a Union territory, or an election to the Legislative Council of a State by the members of the Legislative Assembly of that State;
(d) “elector”, in relation to an election by assembly members, means any person entitled to vote at that election;
(e) “electoral roll”, in relation to an election by assembly members, means the list maintained under section 152 by the returning officer for that election;
(f) “electoral roll number” of a person means--
(i) the serial number of the entry in the electoral roll in respect of that person;
(ii) the serial number of the part of the electoral roll in which such entry occurs; and
(iii) the name of the constituency to which the electoral roll relates;
4[(g) “Form” means a Form appended to these rules and in respect of any election in a State, includes a translation thereof in any of the languages used for official purposes of the State;
* Rules amended vide Notification. No. S.O. 272(E), dated the 27th February, 2004.
1. Published with the Ministry of Law Notification No. S.O. 859, dated the 15th April, 1961, see Gazette of India, Extraordinary, Part II, Section 3(ii), Page 419.
2. Ins. by Notification No. S.O. 5573, dated the 23rd December, 1971.
3. Ins. by Notification No. S.O. 3875, dated the 15th December, 1966 and omitted by Notification No. S.O. 1294(E), dated the 11th November,
2003.
4. Subs. by Notification No. S.O. 3450, dated the 9th November, 1966, for cl. (g).
54 Conduct of Elections Rules, 1961 (Statutory Rules and Order) 1[(gg) “marked copy of the electoral roll” means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election;]
(h) “polling station”, in relation to an election by assembly members, means the place fixed under section 29 for taking the poll at that election;
(i) “presiding officer” includes—
(i) any polling officer performing any of the functions of a presiding officer under sub-section (2) or sub-section (3) of section 26; and
(ii) any returning officer while presiding over an election under sub-section (2) of section 29;
(j) “returning officer” includes any assistant returning officer performing any function he is authorised to perform under sub-section (2) of section 22;
(k) “section” means a section of the Act.
(2) For the purposes of the Act or these rules, a person who is unable to write his name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper if—
(a) he has placed a mark on such instrument or other paper in the presence of the returning officer or the presiding officer or such other officer as may be specified in this behalf by the Election Commission;
and
(b) such officer on being satisfied as to his identity has attested the mark as being the mark of that person.
(3) Any requirement under these rules that a notification, order, declaration, notice or list issued or made by any authority shall be published in the Official Gazette shall, unless otherwise expressly provided in these rules, be construed as a requirement that it shall be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament or an electoral college, and in the Official Gazette of the State, if it relates to an election to, or membership of, the House or either House of the State Legislature.
(4) The General Clauses Act, 1897 (10 of 1897) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
PART II General provisions