In relation to voting and counting of votes, custody, inspection and disposal of election papers etc., where voting machine is used,-
(a) the provisions of Chapter III, except rules 30 to 32, 34, 35, 37, 38, 40, 44 to 50, 54, 62 to 64, 74 and 75 shall, so far as may be, mutatis mutandis apply and any reference in those provisions to ballot paper shall be construed as including a reference to such voting machine.
(b) in lieu of rules 30 to 32, 34, 35, 37, 38, 40, 44 to 50, 54, 62 to 64, 74 and 75 the following corresponding rules shall apply, namely:-
30A. Arrangements at polling station. - (1) There shall be displayed outside each polling station-
(a) a notice specifying the polling area, the voters of which are entitled to vote at the polling station; and
(b) a copy of the list of contesting candidates along with names of their symbols.
(2) At each polling station, there shall be set up one or more voting compartments in which the voters can record their votes free from observation.
(3) The returning officer shall provide at each polling station one electronic voting machine, copies of the relevant part of the electoral roll and such other articles and materials necessary for voters to vote.
(4) Where a polling station is for both men and women, the presiding officer may direct that there shall be separate queues for men and women and that they be admitted into the polling station alternatively in separate batches.
31A. Design of Electronic Voting Machines. - Every electronic voting machine (here in after referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the State Election Commission.
32A. Preparation of voting machine by the returning officer. - Subject to the provisions of rule 34A, the returning officer shall,-
(a) fix the ballot paper containing the names and symbols of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same;
(b) set the number of contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.
33B. Preparation of voting machine for poll. - (1) For securing the control unit of voting machine the presiding officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the candidates, election agents and polling agents present as are desirous of affixing the same.
(2) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of voting machine and shall secure and seal the same.
(3) The seal used for securing the control unit of voting machine shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result section" without breaking the seal.
(4) Every control unit and balloting unit of the voting machine used at a polling station shall bear labels, both inside and outside marked with.-
(a) the serial number of the ward and name of municipality;
(b) the serial number and name of the polling station;
(c) the serial number of the unit; and
(d) the date of poll.
(5) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the labels referred to in sub- rule
(4).
(6) The control unit shall than be closed, sealed and secured and placed in full view of the presiding officer and the candidates, election agents and polling agents present and the balloting unit placed in the voting compartment.
34A. Form of ballot paper. - (1) Every ballot paper shall be in such form as may be prescribed by the State Election Commission.
(2) The names of the candidates shall be shown on the ballot paper in the same manner and arranged in the same order in which they appear in the list of contesting candidates.
(3) The particulars on the ballot paper shall be in Hindi in Devnagri script.
(4) The ballot papers shall be serially numbered.
(5) The symbol allotted to the candidates under rule 20 shall be shown alongside the name of the candidate on the ballot paper.
(6) The space allotted to each candidate on the ballot paper shall have the same dimensions.
(7) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residences or in some other manner.
35A. Procedure for voting by voting machine. - (1) Before permitting a voter to vote, the polling officer shall-
(a) record the electoral roll number of the voter as entered in the marked copy of the electoral roll in a register of voters in Form 14-A;
(b) obtain the signature or thumb impression of that voter on the said register of voters;
(c) mark the name of the voter in the marked copy of the electoral roll to indicate that he h as been allowed to vote :
Provided that no voter shall be allowed to vote unless he has put his signature or thumb impression on the register of voters.
(2)(a) Before permitting a voter to vote, the presiding officer shall cause a mark to be put on the left forefinger of the voter with an indelible ink :
Provided that where such a mark already exists on the left forefinger of the voter it shall be deemed that he had cast his vote already at the election and shall not be permitted to vote :
Provided further that no voter shall be allowed to vote unless he has allowed a mark to be put on his left forefinger with an indelible ink.
(b) Any reference in this sub-rule to the left forefinger of a voter shall in the case where the voter has his left forefinger missing, be construed as a reference to any other finger on 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 forefinger of the right hand and shall, in case the fingers of both the hands are missing, be constructed as a reference to such extremity of the left or right arms as he possesses.
(3) It shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the voter on the register of voters.
37A. Procedure for voting and secrecy of voting. - (1) Every voter who has been permitted to vote under rule 35-A shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure here-in-after laid down.
(2) Immediately on being permitted to vote, the voter shall proceed to the presiding officer or the polling officer incharge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit activate the balloting unit, for recording of the voter's vote.
(3) The voter shall thereafter forth with-
(a) proceed to one of the voting compartments;
(b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and
(c) come out of the voting compartment and quit the polling station.
(4) Every voter shall vote without undue delay.
(5) No voter shall be allowed to enter a voting compartment when another voter is inside it.
(6) If a voter who has been permitted to vote under rule 35-A or 44-A, refuses after warning given by the presiding officer, to observe the procedure as laid down in sub-rule (3), the presiding officer or a polling officer under the direction of presiding officer shall not allow such voter to vote.
(7) Where a voter is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has be violated, shall be made against the name of voter in the register of voters in Form 14-A by the presiding officer under his signature.
37B. Presiding Officer's entry in the 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 balloting unit is not tampered or interfered with in any way.
(2) If the presiding officer has reason to suspect that a voter who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress the poll.
(3) Whenever the presiding officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.
38A. Recording of votes of blind or infirm voters. - (1) If the presiding officer is satisfied that owing to blindness or other physical infirmity, a voter is unable to recognize the symbols on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button 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 his behalf and in accordance with his wishes :
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 a voter on any day under this rule, the person shall be required to declare, that he will 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.
(2) The presiding officer shall keep a record in Form 12 of all cases under this rule.
40A. Identify to voter. - At any time before permitting the voter to vote the presiding officer or polling officer may of his own accord, if he has reason to doubt the identify of the voter or his right to vote at such polling station and shall, if so required by a candidate or polling agent, satisfy himself by putting to the voter such questions as he may deem necessary that such person is identical with the voter to whom such entry relates.
44A. Tendered Votes. - (1) If a person representing himself to be a particular voter seeks to vote after another person has already voted as such voter, he shall on satisfactorily answering such question relating to his identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design as the State Election Commission may specify.
(2) Every such person shall, before being supplied with a tendered ballot paper, write his name against the entry relating to him in a list in Form 14-B.
(3) On receiving the ballot paper he shall forthwith,-
(a) proceed to the voting compartment;
(b) record there his vote on the ballot paper by placing a cross mark 'X' with the instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(c) fold the ballot paper so as to conceal his vote;
(d) show to the presiding officer, if required, the distinguishing mark on the ballot paper;
(e) give it to the presiding officer who shall place it in a cover specially kept for the purpose;
and
(f) leave the polling station.
(4) If owing blindness or physical infirmities, such voter is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 38- A for recording the vote in accordance with his wishes.
45A. Elector deciding not to vote. - If a voter, after his electoral roll number has been duly entered in the register of voters in Form 14-A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 35-A, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 14-A by the presiding officer and the signature or thumb impression of the voter shall be obtained against such remark.
46A. Voting by officers on election duty. - (1) A presiding officer, polling officer or any other person who is on duty in the same ward in which he is a voter and at a polling station at which he is not entitled to vote may make an application to the returning officer in Form 15 to allow him to vote at the polling station at which he is on duty. If on such application the returning officer certifies in Form 16 that the applicant is entitled to vote at the election for the ward in connection with which he is employed, he may be allowed to record his vote at that polling station :
Provided that the returning officer shall mark "EDC" against the name of voter to whom certificate in Form 16 has been issued, in the marked copy of electoral roll to indicate that an election duty certificate has been issued and ensure that the voter is not allowed to vote at the polling station where he would otherwise have been entitled to vote.
(2) On production of such certificate, the presiding officer, shall-
(a) obtain thereon, the signature of the person producing it;
(b) have the person's name and electoral roll number and part number, alongwith name of polling station as mentioned in the certificate, entered at the end of the marked copy of the electoral roll; and
(c) permit him to cast his vote in the same manner as for a voter entitled to vote at that polling station.
(3) After recording the vote under sub-rule (2), the certificate referred to in sub-rule (1) shall be placed in an envelop and sealed by the presiding officer.
(4) A presiding officer, polling officer or any other person being on election duty in a ward of any municipality but who is a voter in different ward or municipality, wishes to vote by post at an election for a ward of any municipality in which he is a voter, may make an application in form 15A to the returning officer of the municipality in which he is a voter, so as to reach that returning officer at least 4 days or such shorter period as that returning officer may allow before the date of poll; and if that returning officer is satisfied that the applicant is a voter on election duty in the other ward or municipality he shall issue a postal ballot paper to the voter on election duty together with-
(a) a declaration in Form 16A;
(b) a cover in Form 16B;
(c) a larger cover in Form 16C; and
(d) instructions for the voter in Form 16D :
Provided that the returning officer shall at the same time-
(a) record on the counterfoil of the postal ballot paper the electoral roll number of the voter entered in the marked copy of electoral roll;
(b) mark the name of voter in the marked copy of electoral roll to indicate that a postal ballot paper has been issued to him, without however recording therein the serial number of postal ballot paper issued to that voter; and
(c) ensure that voter is not allowed to vote at a polling station :
Provided further that every postal ballot paper, shall have a counterfoil attached thereto, and the postal ballot paper and the counterfoil shall be in such design as the State Election Commission may direct.
(5) The returning officer shall seal up in a separate packet the counterfoils of the postal ballot papers issued to voters.
(6) (a) The voter, referred to in sub-rule (4), shall record his vote on the postal ballot paper in accordance with the directions contained in Form 16D and then enclose it in the cover in Form 16B.
(b) The voter shall sign the declaration in Form 16A in the presence of, and have the signature attested by any gazetted officer or by the presiding officer of the polling station at which he is on election duty.
(c) After the voter has recorded his vote and made a declaration in Form 16A, he shall returns the postal ballot paper and declaration to the returning officer in accordance with the directions contained in Form 16D so as to reach the returning officer before the time fixed for the commencement of counting of votes.
(7) In relation of voting by postal ballot paper referred to in sub-rule (4) such procedure, subject to provisions of this rule, shall be adopted as may be specified by the State Election Commission.
47A. Sealing of voting machine after close of poll. - (1) As soon as practicable after the closing of the poll, the presiding officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from control unit.
(2) The control unit and balloting unit shall thereafter be sealed and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so fixed that it will not be possible to open the units without breaking the seals.
(3) The polling agents or election agents or candidates present at the polling station, who desires to affix their seals, shall also be permitted to do so,
48A. Sealing of polling materials and other papers. - The presiding officer of each polling station as soon as practicable after the close of the poll, shall in the presence of any candidate or election agent or polling agent who may be present, make up into separate packet and seal with his seal and the seal of such candidates or agents as may desire to affix their seals:-
(a) the marked copy of the electoral roll;
(b) the tendered ballot papers;
(c) the list of tendered votes;
(d) the list of challenged votes;
(e) the certificate in Form 16 produced by officers on election duty;
(f) the register of voters in Form 14A;
(g) any other papers directed by the State Election Commission to be kept in a sealed packed.
The presiding officer shall after sealing all the packets endorse on each packet a description of its contents.
49A. Accounts of votes recorded. - (1) The presiding officer shall at the close of the poll, prepare an account of votes recorded in Form 14C.
(2) The presiding officer shall place the account of votes recorded in a separate envelope and endorse on it the words "Account of Votes Recorded".
50A. Transmission of voting machines etc. to the returning officer. - (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct.
(i) the voting machine,
(ii) the account of votes recorded in Form 14C,
(iii) the sealed packets under rule 48A, and
(iv) all other papers used at the poll.
(2) The returning officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers and for their safe custody until the conclusion of the counting of votes.
54A. Procedure of adjournment of poll. - (1) If the poll at any polling station is adjourned under rule 53, the provisions of rule 47A, 48A, 49A and 50A shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule
25.
(2) When an adjourned poll is recommended under sub-rule (2) of rule 53, the voters who have already voted at the poll so adjourned shall not be allowed to vote again.
(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 list of voters, register of voters in Form 14A and a new voting machine.
(4) The presiding officer shall open the sealed packet in the presence of the candidates, or election agents or polling agents present and use the marked copy of the electoral roll for marking the names of the voters who are allowed to vote at the adjourned poll.
(5) The provisions of rules 25 to 29, 30A, 31 A, 32A, 32B, 33, 34A, 35A, 36, 37A, 37B, 38A, 39, 40A, 41, 42, 43, 44A, 45A, 46A. 47A, 48A, 49A, 50A and 51 shall mutatis mutandis in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
62A. Scrutiny and inspection of voting machines. - (1) The returning officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.
(2) Before the votes recorded in any control unit of a voting machine are counted under subrule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.
(3) The returning officer shall satisfy himself that none of the voting machines has in fact been tampered with.
(4) If the returning officer is satisfied that any voting machine has in fact been tampered with he shall not count the votes recorded in that machine and shall follow the procedure laid down in rule 55, in respect of the polling station where that machine was used.
63A. Counting of votes. - (1) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purposes in the unit.
(2) As the votes polled by each candidate are displayed on the control unit, the returning officer shall have,-
(a) the number of such votes recorded separately in respect of each candidate in Part-11 of Form 14C;
(b) Part II of Form 14C completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present;
and
(c) Corresponding entries made in a result sheet in Form 21 and the particulars so entered in the result sheet announced.
(3) No envelope containing the tendered ballot papers shall be opened and no such votes shall be counted.
63B. Sealing of voting machines after counting of votes. - (1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 14C and Form 21 under rule 63A, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agent present who may desire to affix their seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result.
(2) The control unit so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely:-
(a) the name of the municipality with ward number;
(b) the particulars of polling station where the control unit has been used;
(c) serial number of the control unit;
(d) date of poll; and
(e) date of counting.
64A. Counting and rejection of postal ballot papers. - (1) Subject to general or specific direction given in this behalf by the State Election Commissioner, the provisions under rule 64 shall apply in relation to rejection of postal ballot papers referred to in sub-rule
(4) of rule 46A:
Provided that postal ballot paper shall be rejected if recording of vote therein is not in accordance with the directions contained in Form 16D.
(2) The returning officer shall record the result of counting of votes received by post, if any, in the result sheet in Form 21 and announce the same.
74A. Production and inspection of election papers. - (1) While in the custody of the returning officer,
(a) the packets of unused postal ballot papers with counter foils attached there to;
(b) the packets of used postal ballot papers whether valid, rejected or cancelled, and counterfoils thereof;
(c) the packets of used or unused tendered ballot papers;
(d) the packets of the marked copy of electoral roll;
(e) the packets containing register of voters in Form 14A;
(f) the packets of the declaration by electors and the attestation of their signatures:
shall not be opened, inspected or produced except under the orders of a competent court.
(2) The control units sealed under rule 63B and kept in the custody of the returning officer shall not be opened, inspected or produced except under the orders of a competent court.
(3) Subject to such conditions and to the payment of such fee as the State Election Commission may direct, all other papers relating to the election shall be open to public inspection and copies thereof shall on application be furnished.
75A. Disposal of election papers. - Subject to any direction to the contrary given by the State Election Commission or by a competent court:-
(a) the packets of unused postal ballot papers and tendered ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the State Election Commission may direct;
(b) the voting machines kept in custody of the returning officer under sub-rule (2) of rule 74A shall be retained intact for such period as the State Election Commission may direct;
(c) packets other than those as referred to in sub-rule (1) of rule 74A shall be retained for a period of one year and shall thereafter be destroyed :
Provided that packets containing the counterfoils of used postal ballot papers shall not be destroyed except with the previous approval of the State Election Commission:
(d) all other papers relating to the election shall be retained for such period as the State Election Commission may direct.
[CHAPTER-IV Election of Chairperson and Deputy Chairperson