(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 entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter in these rules referred to as a “tendered ballot paper”) in the same manner as any other elector.
(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 15.
4[(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling except that—
(a) such tendered ballot paper shall be serially the last in the bundle of ballot papers issued for use at the polling station; and
(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words “tendered ballot paper” by the presiding officer in his own hand and signed by him.]
1. Subs. by Notification No. S.O. 3662, dated the 12th October, 1964, for rule 40.
2. Subs. by Notification No. S.O. 542(E), dated the 13th September, 1989, for “twenty-one”.
3. Subs. by Notification No. S.O. 5573, dated the 23rd December, 1971, for certain words.
4. Subs., ibid., for sub-rule (3) (w.e.f. 23-12-1971).
72 Conduct of Elections Rules, 1961 (Statutory Rules and Order)
(4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall, instead of putting it into the ballot box, give it to the presiding officer, who shall place it in a cover specially kept for the purpose:
1[Provided that where such elector is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer shall, before placing the tendered ballot paper in the said cover, allow the authorised agent of that political party to verify as to which candidate the elector 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.]