(1) Notwithstanding anything contained in the preceding provisions of this Part, the Election Commission may, by notification published in the Official Gazette at least 15 days before the date, or the first of the dates, of poll appointed for an election, direct that the method of voting by ballot shall be followed in that election at such polling stations as may be specified in the notification.
(2) Every such polling station is hereafter in these rules referred to as a “notified polling station”.
(3) The provisions of rules 28 to 48 shall apply in relation to every notified polling station subject to the following modifications, namely:—
(a) in lieu of rule 30, the following rule shall apply:— “30A. Form of ballot paper.--Every ballot paper shall be of such design as the Election Commission may decide.”;
(b) in lieu of sub-rules (2) and (3) of rule 31, the following sub-rules shall apply:— “(2) At each notified polling station there shall be set up one voting compartment in which the ballot boxes, one for each candidate, shall be placed for the reception of ballot papers during the poll and which shall be so designed that an elector can insert a ballot paper in any of the ballot boxes without being observed by any person outside the compartment.
(3) The returning officer shall provide at each notified polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers and such other election materials as may be required for taking the poll.”;
(c) in lieu of sub-rules (5), (6) and (7) of rule 33, the following sub-rules shall apply:— “(5) The symbol allotted to each candidate under rule 10 shall be printed on lables which shall be affixed both inside and outside the ballot box and such ballot box shall thereafter be deemed to have been allotted to that candidate.
(6) Each ballot box shall also be marked with such other distinguishing marks as the Election Commission may direct.
(7) Immediately before the commencement of the poll, the presiding officer shall allow inspection of each ballot box by the polling agents present and demonstrate to them that (a) it is empty, (b) proper lables have been affixed both inside and outside the box, and (c) the ballot box is marked in accordance with sub-rule (6).
(8) After all the ballot boxes have been labelled, secured and sealed, they shall be placed in the voting compartment side by side the same order in which the names of the candidates to whom they have respectively been allotted appear in the list of contesting candidates.”;
1[(cc) in lieu of rule 38, the following rule shall apply:— “38B. Issue of ballot papers to electors. — (1) Every ballot paper shall before issue to an elector be—
1. Ins. by Notification No. S.O. 5573, dated the 23rd December, 1971.
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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 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.
1. Subs. by Notification No. S.O. 1433, dated the 19th April, 1968.
2. Subs. by Notification No. S.O. 3662, dated the 12th October, 1964, for cl. (e).
3. Subs by Notification No. S.O. 542(E), dated the 13th July, 1989.
4. Ins. by Notification No. S.O. 272(E), dated the 27th February, 2004.
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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 Notification No. S.O. 518(E), dated the 7th September, 1979.
2. Subs. by Notification No. S.O. 5573, dated the 23rd December, 1971, for cls. (i) and (j).
77 Conduct of Elections Rules, 1961 (Statutory Rules and Order) 1[CHAPTER II VOTING BY ELECTRONIC VOTING MACHINES