ELECTIONS TO MUNICIPALITIES

AND NAGAR PANCHAYATS, 2013

Hand Book for Contesting Candidates

Issued by: STATE ELECTION COMMISSION

3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003.

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Ordinary Elections to Municipalities& Nagar Panchayats, 2013

HAND BOOK FOR CONTESTING CANDIDATES

INDEX

S. No. Chapters Contents Page Nos.

1. Chapter – I Introduction

1

2. Chapter – II Introduction to EVMs

2-3

3. Chapter – III Qualification and disqualification

4

4. Chapter – IV Notification for elections

5-6

5. Chapter – V Nominations, Deposits and Disposal of Deposits

7-11

6. Chapter – VI Scrutiny of nominations

12-13

7. Chapter – VII Withdrawal of candidature

14

8. Chapter – VIII List of contesting candidates and allotment of symbols

15-19

9. Chapter – IX Appointment of Election Agent, Polling Agent

and Counting Agent

20-24

10. Chapter – X Campaign period

25-29

11. Chapter – XI Preparation for poll - Commissioning of EVMs 30-37

12. Chapter – XII Polling day

38-62

13. Chapter - XIII Counting of votes 63-74

14 Chapter - XIV Account of election expenses 75-77

15 Annexure – I Extract of Relevant Provisions of APM Act, and Rules issued there under.

78-93

16 Annexure – II Nomination Paper to be filled by the candidate (Form – I)

94-95

17 Annexure – III (Form – I A) on filling of declaration as to choice of symbols along with nomination.

96

18 Annexure – IV Declaration in case of ST/SC/BC candidate Form -II

97

19 Annexure – V Order No.588/SEC-F1/2011, dt.20-12-2011.

98-100

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20 Annexure – VI Annexure to Order No.588/SEC-F1/2011, dt.20-12-2011

101-106

21 Annexure – VII Declaration regarding disqualification

107

22 Annexure – VIII Declaration to be filed by the candidate filing nomination on account of election expenditure

108

23 Annexure – IX List of Nominations received for election as member (Form III)

109

24 Annexure – X List of validly nominated candidates (Form IV)

110

25 Annexure – XI Notice of withdrawal of candidature by the candidate (Form V)

111

26 Annexure – XII Notice of withdrawal of candidatures (Form VI)

112

27 Annexure – XIII The list of contesting candidate (Form VII)

113

28 Annexure – XIV Allotment of Symbols Order No.584/SEC-B2/2001, dated 12.6.2001.

114-122

29 Annexure – XV Form ‘ A’

123

30 Annexure – XVI Form ' B'

124-125

31 Annexure – XVII Appointment of election agent (Form VIII)

126

32 Annexure – XVIII Appointment of polling agent (Form IX)

127

33 Annexure – XIX Appointment of counting agent (Form X)

128

34 Annexure – XX Model Code of Conduct

129-135

35 Annexure – XXI Use of loud speaker for election campaigns - Order No.567/SEC-F1/2011, dated 18-07-2011.

136-138

36 Annexure – XXII Prevention of disfigurement of Public and Private places - Circular No.528/SEC-F1/2011-2, dated 01-07-2011.

139-148

37 Annexure – XXIII Restrictions on printing of pamphlets, Posters etc-Order No.552/SEC-F1/2011, dt.11-07-2011.

149-154

38 Annexure – XXIV Dos and Dont's for guidance of candidates

155-159

39 Annexure – XXV Instructions on use of vehicles - Order No.558/SEC-F1/2011, dated 19-07-2011.

160-165

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40 Annexure – XXVI Declaration by the Presiding Officer

166-171

41 Annexure – XXVII List of challenged votes (Form XVII)

172

42 Annexure– XXVIII List of Tendered Votes (Form XXII)

173

43 Annexure – XXIX Register of Voters (Form XXI)

174

44 Annexure - XXX Account of Voters recorded and Result of counting (Form XXIII)

175-177

45 Annexure - XXXI Return showing the results of the election of members (Form XX)

178

46 Annexure - XXXII Maintenance and scrutiny of accounts of election expenditure - Order No.537/SEC-F1/2011, dated 01-07-2011.

179-189

47 Annexure- XXXIII Circular No.528/SEC-F1/2011-9, dt.01-07-2011, Circular on conduct of Mock Poll.

190-192

48 Annexure- XXXIV Circular No.528/SEC-F1/2011-5, dt.01-07-2011, Restriction on number of vehicles and people at the time of filing nominations

193-194

1

CHAPTER - I

ORDINARY ELECTIONS TO MUNICIPALITIES – HAND BOOK FO R CONTESTING CANDIDATES: 1. Introduction:

If you are a candidate for election to the office of Ward Member of Municipality/Nagar Panchayat you should know the relevant provisions of the law, rules and instructions governing the elections to these posts so that you may not commit any mistakes, experience any difficulty or inconvenience in connection with your candidature. It is for your benefit and convenience that this hand book, given in brief, the important and relevant rules and instructions on elections, is brought out.

2. Term of office: The term of office of ward members at an ordinary election shall be 5 years from the date fixed by the election authority for the first meeting of the municipal council. The Commissioner & Director of Municipal Administration has been appointed as Election Authority by the State Election Commission under Section 2 (12) of AP Municipalities Act, 1965 in connection with conduct of elections to the Municipalities and Nagar Panchayats.

3. Reservation for Scheduled Tribes, Scheduled Caste, Backward Classes and Women :

The offices of Ward Members in the Municipalities reserved for ST, SC, BC and Women will be notified by designated authorities in the State Gazette/ District Gazette before every ordinary election. This information will also be mentioned in the election notice published by the Election Officer appointed for conduct of election of Ward Members of the Municipality/Nagar Panchayat.

4. Registered voters:

The elections to the office of Ward Members of the Municipality are held on the basis of adult suffrage. Every person who is not less than 18 years of age as on the qualifying date and registered as a voter in the current electoral roll of the Ward / Municipality eligible to vote. 5. Electoral Rolls: As per the provisions of Section 11 of AP Municipalities Act and Rule (3) of AP Municipalities (Preparation and publication of electoral rolls) Rules, 2001, issued thereunder, the electoral roll of every ward of a Municipality is prepared by the person authorised by State Election Commission duly adopting the latest Assembly Electoral Roll so far as it relates to Municipalities of any part thereof and published on the date notified by the State Election Commission. After publication of the electoral rolls of a Ward/Municipality, as aforesaid, publishing authority cannot make sumoto inclusions or deletions or corrections in the electoral roll of the Municipality. However, any inclusions or deletions ordered by the Electoral Registration Officer of the Assembly Constituency in the electoral roll of the Assembly Constituency under Section 22 or Section 23 of Representation of People Act, 1950 upto the date of election notification of the Municipality concerned will be carried out in the electoral roll of the Municipality.

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CHAPTER - II INTRODUCTION OF VOTING MACHINE SYSTEM IN LOCAL BODY ELECTIONS

1. INTRODUCTORY:

(1) The State Election Commission has been conducting all elections to Urban Local Bodies, ordinary and casual, using Electronic Voting Machines since 2005.

(2) The EVMs are extensively used by ECI in elections to State Legislative Assembly and House of People.

(3) The electronic voting machine is a very versatile and reliable system for conduct of elections.

(4) The Supreme Court observed in the case of A.C.Jose Vs Sivan Pillai and others (AIR 1984 SC 921) that the use of voting machines at elections to the House of People and State Legislative Assemblies required statutory sanction. Parliament has given the required statutory sanction by inserting Section 61 A in the Representation of the People Act, 1951 by the Representation of People (Amendment) Act, 1988 (1 of 1989) w.e.f. 15.3.1989.

(5) In view of this, new Section 28 E has been inserted in AP Municipalities Act, 1965 to provide for use of EVMs in elections to Municipalities. The said section reads as follows:-

28 E – Voting Machines at elections: – Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.

Explanation- For the purpose of this section, “voting machine” means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the Rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.”

Detailed provisions relating to conduct of poll at polling stations and counting of votes have been made in the AP Municipalities (Conduct of Election of Member) Rules, 2005. Besides this, new forms have been prescribed in the said rules for conducting elections with EVMs. 2. BRIEF INTRODUCTION TO VOTING MACHINE:

It is absolutely necessary for you to be thoroughly conversant with the operation of the

voting machines. A voting machine consists of two units, namely, Control unit and balloting unit. These two units are interconnected when the voting machine is put in operation by means of a cable, one end of which is permanently attached to the balloting unit. The free end is plugged into the control unit when the machine is put to use. One balloting unit caters upto a maximum of sixteen candidates. On the balloting unit, there is provision for display of the ballot paper containing the particulars of the election, serial numbers and names of contesting candidates and the symbols respectively allotted to them.

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Against the name of each candidate, there is also a lamp for each candidate which will

glow red when the vote is recorded for him by pressing the said button.

Four balloting units linked together catering upto sixty-four candidates can be used with one control unit. On the top most portion of the control unit, there is provision for displaying the various information and data recorded in the machine, like the number of contesting candidates, total number of votes polled, votes polled by each candidate, etc. This portion is called, for easy reference, Display section of the control unit. Below the Display section, there is a compartment for fixing the battery on which the machine runs. By the side of this compartment, there is another compartment in which there is a button for setting the machine for the No. of candidates contesting the particular election. This section of the control unit consisting of these two compartments is called the ‘Cand set section’. Below the Cand set section is the ‘Result section’ of the control unit. This section contains (i) ‘Close button used for closing the poll, (ii) two ‘Result’ buttons (Result-I and Result-II) for ascertaining results and (iii) ‘Clear’ button for clearing the data recorded in the machine, when not required. In the bottom most portion of the control unit, there are two buttons one marked ‘Ballot’ by pressing which the balloting unit becomes ready to record vote and the other marked ‘Total’ by pressing which total number of votes recorded upto that stage can be ascertained, it may be noted that on pressing the ‘Total’ button the display indicates only the total votes and not candidate wise tally. This section is known as the Ballot Section of the control unit. The machine uses a modern micro-computer and other large scale integration chips. It is operated on a battery and can be used any where and under any conditions. It is tamper-proof, error-free and easy to operate. The two units of the machine are supplied in two separate carrying cases, which are easily portable. The polling information once recorded in the machine is retained in its memory even when the battery is removed. The machine, especially balloting unit, is so designed as to keep intact all essential features of the present voting system and the only change is that the voter is required to press the button provided opposite the name and symbol of the candidate of his choice as against the use of arrow cross mark rubber stamp which is put on the ballot paper on or near the symbol of his choice. All the safeguards taken against the tamperability of the ballot boxes and violation of secrecy of vote are fully maintained in the voting machine. The process of voting in the voting machine is very simple and quick and the experiments conducted in different parts of the country covering mountainous terrain, backward areas and tribal belts, etc., show that even illiterate voters had no difficulty in using the voting machine to record their votes. The pace of polling is far quicker and correspondingly the time taken for the entire operation of voter exercising his vote is comparatively much less. The counting of votes and declaration of result by using the voting machines will be an absolutely simple affair as there will be no doubts and disputes with regard to the validity or otherwise of any vote, and the result of the poll taken at a polling station will be available on the mere pressing of a button on the control unit. Various operations on the balloting unit and the control unit to record the votes and count them are explained in more details in Chapters XI to XIII.

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CHAPTER - III

QUALIFICATION AND DISQUALIFICATION 1. Qualification: If you want to contest for the office of Ward Member of a Municipality, you must posses certain qualifications as detailed below – (a) If you are a candidate for the office of Ward Member of a Municipality, you should be

registered as a voter in the electoral roll of any of the Wards forming part of the Municipality and you must not be less than 21 years of age.

(b) If you are candidate for the office which is reserved to be filled by the candidate belonging to scheduled tribes, you must belong to any of the communities notified as scheduled tribes in respect of Andhra Pradesh State.

(c) If you are a candidate for the office of scheduled castes or backward classes, you must belong to any of the community belonging to scheduled castes or backward classes as the case may be in respect of Andhra Pradesh.

(d) You must be women to contest for the post reserved for women. However a women candidate can contest for the general seat in the same category. However, a candidate belonging to reserved category (ST/SC/BC) can contest from an unreserved seat.

2. Disqualifications:

If you want to offer yourself as candidate you must not suffer from any of the following disqualifications as on the date of scrutiny of nominations.

(a) You should not have been sentenced by a criminal court for an offence under the

Untouchability (offences) Act, 1955. (b) You should not be of unsound mind, or a deaf mute or a leper. (c) You should not be having any interest in a subsisting lease or contract entered into with or

any work being done for the Municipal council. (d) You should not be employed as a paid legal practitioner on behalf of the Municipal council

or as a legal practitioner against the municipal council. (e) You should not be an honorary Magistrate for the Municipal town.

(f) You should not be in arrears of any dues otherwise than in a fiduciary capacity, to the municipality upto and inclusive of the previous year, in respect of which a bill or notice is duly served upon you and the time, if any, specified therein for payment has expired.

(g) You should not be a person holding office of profit in a Municipality, the Central government or the State government. A person shall not be deemed to hold an office of profit in the Municipality by reason only that he is a Chairperson or a member of the Municipality in the State.

(h) You should not have been disqualified under section 13 B of AP Municipalities Act, 1965 for having more than 2 children.

(i) You should not be disqualified by or under any law for the time being in force for the purpose of elections to the legislature of the State.

Extracts of relevant provisions dealing with Qualifications and Disqualifications are appended in Annexure - I.

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CHAPTER IV

NOTIFICATION FOR ELECTIONS

1. Election notification issued by the State Election Commission:

The election process is set in motion immediately on issue of notification by the State Election Commission calling upon the voters of the municipality to elect the members of wards. The said notification will be published in AP Gazette. The election notification contains detailed election schedule in which dates are appointed for various stages of election in accordance with AP Municipalities (Conduct of Election of Members) Rules, 2005, (herein after referred to as conduct of election rules) which are applicable to conduct of election to Ward Members of a Municipality. The appointment of dates under the said rules is subject to the following guidelines:-

(1) the date on which the election officer shall publish a notice under Rule 6 of the rules referred to above.

(2) On the same date of publication of election notice, the election officer shall affix on the notice board of the municipal office voters list pertaining to various wards of the municipality under Rule 5 of conduct of election rules.

(3) The last date for making nominations shall not be earlier than the 4th day and not later than 10th day after the date of publication of election notice by the election officer whether or not it is a public holiday.

(4) The date of scrutiny of nomination shall be the day immediately following the last date for making nominations whether or not it is a public holiday.

(5) The last date and time for withdrawal of candidature shall not be later than 3 ‘O’ clock in the afternoon of the 3rd day after the date fixed for scrutiny of nominations, whether or not it is a public holiday.

(6) The date on which the poll shall be taken, shall be a date not earlier than the 12th day after the date for withdrawal of candidature.

(7) The total period allotted to any day for polling at an election shall not be less than 8 hours. (8) The counting of votes shall take place on the date and time appointed by the State Election

Commission.

2. Publication of election notice by the Election officer:

The Election Officer will prepare and publish on the date notified by the State Election Commission, a notice under Rule 6 of the said rules on the notice board of the Municipality/Nagar Panchayat and in one or more conspicuous places of each ward or a Municipality in English or main language of the district stating –

(a) the number of members to be elected (b) the wards for which they are to be elected (c) the category for which the office of Ward Members are reserved. (d) the dates, the place and the hours between which and to whom nomination papers

shall be presented.

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(e) the date on which, the hours between which and the place at which the nominations will be taken up for scrutiny

(f) the last date and time for withdrawal of candidature (g) the time and place at which the poll will take place. (h) the time and place at which the counting of votes will take place.

3. Publication of current electoral roll along with the election notice:

On the date of publication of election notice, the Election Officer shall affix a notice on the notice board of the Municipal Office showing the current voters list pertaining to various Wards of the Municipality as required under Rule 5 of the Rules referred to above.

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CHAPTER – V

NOMINATIONS

1. Receipt of Nominations:

The dates on which, the place at which and the hours between which and to whom the nomination paper shall be presented are indicated in the election notice published by the election officer concerned under rule 6 of the AP Municipalities (Conduct of election of Members) Rules, 2005, which are applicable to election of Ward Members. The nomination papers are received between 11:00 A M and 3:00 P M on the dates notified in election notice including public holidays, if any.

2. Restriction on number of vehicles and people at the time of filing nominations: In order to avoid over crowding and to ensure proper control and order at the time of filling of nominations, the Commission issued the following directions vide Circular with reference No.528/SEC-F1/2011-5, Dt.01-07-2011 (Annexure – XXXIV).

1) The maximum number of vehicles that will be allowed to come within the periphery of 100 meters of Election Officer’s / Assistant Election Officer’s office shall be two.

2) Maximum number of persons that will be allowed to enter the office of Election Officer / Assistant Election Officer at the time of filing nomination shall be the candidate plus two other individuals which may include the proposer proposing the nomination of the candidate i.e. there can be only three people (including the candidate) who can remain present inside the Election Officer’s / Assistant Election Officer’s room at the time of filing nomination.

3) As per statute, the nomination paper can be delivered to the Election Officer / Assistant Election Officer either by the candidate in person or by his proposer. Where a candidate chooses not to be present physically to deliver the nomination paper, the proposer and two other individuals shall be allowed to enter the office of Election Officer / Assistant Election Officer.

4) The expenditure on the vehicles that will come along with the candidate at the time of

filing of nominations shall be taken into account for calculating his expenditure if he remains in the fray.

3. Important points to be noted at the time of filing of nominations:

The nomination paper must be in the prescribed proforma i.e., Form I (Annexure II). You should note the following points at the time of filing of nominations.

(a) A nomination form shall be supplied free of cost on application by the Election Officer to any elector whose name is on the electoral roll of the Ward/Municipality

(b) Not more than 4 nominations shall be presented by on behalf of any candidate or accepted by the Election Officer for election in the same Ward.

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(c) Every nomination paper shall be signed by an elector or his proposer and the candidate shall sign a declaration on it expressing his willingness to stand for election.

(d) A candidate for election as a Member of a Ward need not be a person whose name is registered in the electoral roll for that ward (his name should be in the electoral roll of any ward in the Municipality) but the proposer shall be a person whose name is registered on the electoral roll for that ward.

(e) Every candidate shall be nominated by a separate nomination paper. The elector standing as a candidate for election to a ward shall not sign his own nomination as proposer.

(f) Where a person has signed a large number of nomination papers as a proposer, those of the papers so signed which have been first received shall be deemed to be valid.

(g) Every nomination shall be presented by the candidate in person or by his proposer on the date, at the place and during the hour appointed to the Election Officer or to such other person as may be authorised by him in this behalf.

(h) The Election Officer or such other authorised person will forthwith number such nomination paper serially in the order in which they are presented and enter on each of the nomination the time at which it is presented. He will give a receipt acknowledging the receipt of nomination paper to the candidate as in Form I (Annexure - II).

(i) The rejection of the nomination paper of any candidate on the ground of any irregularity shall not effect the validity of the nomination of the candidate if the candidate has been newly nominated by means of another nomination paper in respect of which no irregularity has been committed.

(j) A candidate set up by a recognised political party or a political party registered with the State Election Commission as per the provisions of the Registration of Political Parties and Allotment of Symbol Order, 2001, should indicate in the nomination form, name of the political party on whose ticket you are contesting and should also produce B Form from the political party authorising your candidature for the seat before 3.00 PM on the last date for withdrawal of candidature.

(k) On the presentation of a nomination paper the Election Officer or such person authorised by him may require the person presenting the nomination paper to produce a copy of the electoral roll on which the candidate and his proposer are registered and will satisfy himself that the names and the electoral roll numbers of the candidate and his proposer, as entered in the nomination paper, are the same as those entered in the electoral roll.

(l) Any inaccurate description or clerical or printing error in regard to the name of the candidate or his proposer or any other particulars relating to the candidate or his proposer, as entered in the electoral roll or in the nomination paper, may not affect the nomination, if the identity of the candidate or proposer, as the case may be, is otherwise established beyond reasonable doubt.

(m) In case of every nomination filed in respect of reserved seat for ST, SC and BC, a declaration in Form II (Annexure - IV) made before an officer not below the rank of Deputy Tahsildar (MRO) of the Revenue Department by the candidate shall be attached to the nomination part.

(n) No nomination paper shall be received after the appointed time for the presentation of nomination papers.

(o) During filing of nominations by the contesting candidates, the maximum number of vehicles that will be allowed to come within the periphery of 100 meters of office of the Election Officers shall be two. Detailed instructions are issued vide SEC Order No.558/SEC-

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F1/2011, dt.19-07-2011 (Annexure – XXV) on use of vehicles during filing of nomination, during campaigning, restrictions on convoy of vehicles, use of vehicles on the day of poll and on prevention of mis-use of officials vehicles during elections, which shall be followed by all the contesting candidates scrupulously.

4. Declarations accompanying Nomination Form:

(i) Declaration regarding choice of Symbols:

Every contesting candidate shall along with his nomination paper furnish a declaration as to choice of Symbols in “Form – IA” (Annexure – III).

(ii) Declaration regarding ST/SC/BCs:

a) Under Rule 8 (8) of A.P Municipalities (Conduct of election of Members) Rules, 2005 in the case of every nomination filed by a candidate belonging to Scheduled Tribe, Scheduled Caste or Backward Classes a declaration in Form – II (Annexure – IV) made before an officer not below the rank of a Deputy Tahsildar (Mandal Revenue Officer) of the Revenue Department by the candidate shall be attached to the nomination.

b) A candidate who is a member of Scheduled Tribes, Scheduled Castes or Backward Class is entitled to concessional rate of deposits as specified under Rule 10 (1) of the said Rules. A candidate who is eligible for concessional rate of deposit must also file the declaration in Form – II (Annexure – IV) along with his nomination paper that he is a member of to Scheduled Tribe, Scheduled Caste or Backward Class as the case may be.

(iii) Filing of self declaration in prescribed format on criminal antecedents, assets & liabilities and educational qualifications:

Sub-rule 9 of Rule 8 of Andhra Pradesh Municipalities (Conduct of Election of

Members) Rules, 2005 stipulates that every candidate shall, along with the nomination paper also file a declaration with regard to his criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format attested by two witnesses.

Accordingly, the State Election Commission issued Order in reference No.588/SEC-F1/2011, dt.20-12-2011 (Annexure-V) on disclosure of information regarding criminal antecedents, assets & liabilities and educational qualifications by candidates contesting local body elections. In the said order the format of the self declaration in which a contesting candidate for the office of Ward Member of a Municipality/Nagar Panchayat shall furnish the information is appended as Annexure–VI.

(iv) Declaration Regarding Disqualification:

A candidate shall sign a declaration in the form shown in the Annexure - VII to the effect that he is not disqualified for being chosen as a Member of the Municipality, as the case may be, under Sections 13 (A), 13 (B), 14, 15, 15 A, & 15 B of A.P.M. Act, 1965, in the presence of the Election Officer before the date and time fixed for scrutiny of nominations. The Election Officer shall countersign the declaration. Where more than one nomination paper is filed by the candidate, it is not necessary to file a declaration with every nomination paper. It is enough if one signed declaration is attached to the nomination form, which is acceptable.

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(v) Declaration regarding Election Expenditure Accounts: A candidate shall also sign a declaration in the format shown in Annexure – VIII

regarding maintenance of Election Expenditure Accounts, in the presence of the Election Officer before the date and time fixed for scrutiny of nominations. The Election Officer shall countersign the declaration.

Punishment for false declaration:- Any candidate or his proposer, makes a false declaration or gives information which he knows or believes to be false is punishable under Section 182, or under Section 191 of Indian penal code

5. Deposit:

As per Rule 10 (1) of A.P. Municipalities (Conduct of Election of Members) Rules, 2005, at or before the time of presentation of nomination paper, every contesting candidate for the office of ward member shall remit or cause to remit the amount of deposit, as may be specified by the SEC in any Government Treasury or Bank or in cash with the Election Officer. No candidate shall be deemed to be duly nominated for election to the office of Chairperson if such deposit has not been made.

Separate deposit shall be required in respect of such each seat for which that candidate wishes to stand.

The person belonging to ST/SC/BC who wishes to pay reduced deposit shall furnish a declaration in Form II (Annexure – IV) irrespective of the fact whether he is contesting for a reserved or non-reserved seat.

The delivery to the Election Officer of a receipt from a Government Treasury or Bank wherein the Municipality has an account showing the payment by or on behalf of a candidate to the credit of the Municipality, of the amount required to be deposited shall be deemed to be a deposit

6. Disposal of Deposits:

If no nomination paper is received within the time appointed in that behalf in respect of any person by whom or on whose behalf the deposit has been made or if the nomination of any such person has been rejected or the candidate has withdrawn his candidature the deposit shall be returned to the person by whom it was made.

If any candidate dies before the commencement of poll, a) Where deposit was made by the candidate himself it shall be returned to

his legal representative. b) Where deposit was made by any person on behalf of the candidate, it shall

be returned to such person or his legal representative. If a candidate by whom or on whose behalf the deposit referred as above has been made is not elected and the number of valid votes polled by him does not exceed one sixth of the votes polled (in the EVMs), the deposit shall be forfeited to the Municipality.

The deposits made by all the candidates which shall not be forfeited as aforesaid shall be returned to the candidates or to the persons who have made the deposits on their behalf, as the case may be, as soon as may be after the publication of the result of the election in the Andhra Pradesh Gazette.

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A deposit made shall not be returned unless a claim thereof is delivered or sent by post to the Election Officer by the person who made the deposit or by his legal representative, as the case may be, within six months of the date of the declaration by the Election Officer of the results of the election or where such declaration is made on two different dates, within six months of the latter of such dates.

7. Publication of List of Nominations received:

The Election Officer shall publish the list of nominations received by him everyday in Form III. Immediately after expiry of the hour fixed for receipt of nominations on the last date for receipt of nomination paper, the Election Officer or person authorised in this behalf shall publish in the Municipal Office a list in Form III (Annexure - IX) of all nominations received with a notice that the nomination papers will be taken up by the Election Officer for scrutiny at the Municipal Office or other specified place on the date and time specified in the election notice.

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CHAPTER – VI

SCRUTINY OF NOMINATIONS

1. Introduction:

(a) The Election Officer is required by law to hold the scrutiny of the nomination papers received by him at the Municipal Office or other specified place on the date and time specified in the election notice issued under Rule 6 of conduct of election rules.

(b) On the date appointed for scrutiny of nominations, the candidates, their election agents, one of the proposer of each candidate and one other person duly authorised in writing by each candidate are allowed to be present at the time of scrutiny. The Election Officer will give such persons all reasonable facilities to examine the nomination papers of the candidates which were received by him.

(c) The candidate and the persons accompanying him can make any substantial or material objection but not raise flimsy or irrelevant technical objections in regard to any nomination paper.

2. Grounds of rejection: The Election Officer will examine the nomination paper and will decide all objections which may be made in application or on his own motion after such summary enquiry, if necessary, and reject any nomination on any of the following grounds.

(a) If the candidate is ineligible for election under Section 13, 13-A, 13-B, 14, 15, 15 A, and 15 B of AP Municipalities Act, 1965.

(b) In case of election to member of a ward, if the proposer is a person whose name is not registered in the electoral roll of the concerned ward.

(c) If there has been any failure on the part of the candidate or his proposer to comply with any of the provisions of Rule 8 and 10 of conduct of election rules.

(d) If the nomination paper has been delivered to the Election Officer or a person authorised by him in this behalf, by a person other than yourself or your proposer.

(e) If your nomination has not been delivered at the place specified in the public notice issued by the Election Officer.

(f) If the nomination paper has been delivered to a person other than Election Officer or person authorised by him in this behalf.

(g) If your nomination paper is not substantially in the prescribed form. (h) If your nomination has not been signed either by you or by your proposer or by both at the

places meant for such signature in the nomination paper. (i) If the deposit required has not been made by you in accordance with the law. (j) If the signature of the candidate or his proposer is not genuine. (k) If a candidate files a nomination paper to contest a seat reserved for SC/ST/BC or Women

and the candidate does not belong to such reserved category. (l) If the candidate has not filed the declaration prescribed by the State Election Commission on

disclosure of information regarding criminal antecedents, assets & liabilities and educational qualifications of the candidates

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3. Documents and other materials with which you should be present at the Time of Scrutiny:

To meet possible objections against your nominations, you may make sure that you have

with you, the following documents at the time of scrutiny of nomination papers namely:

(a) A copy of the current electoral roll or copy of the relevant part of the electoral roll or a certified copy of the entry in the electoral roll bearing your name and the name of your proposer;

(b) Satisfactory evidence regarding your age; (c) Where the deposit has been made in cash, the receipt given to you by Election Officer and

where the deposit has been made in a Government Treasury or in a Bank where the municipality has an account, the Treasury receipt or Challan;

(d) The receipt for the nomination paper and notice of scrutiny which was handed over to you by

the Election Officer or the authorised person on your presenting the nomination paper; and (e) Proof of being a member of Scheduled Tribe / Scheduled Caste / Backward Class, as the case

may be, if you are contesting a seat reserved for any of the said categories and / or if you are seeking the concession rate of deposit.

(f) Any other evidence or material which may be necessary to repel and rebut any objection

which has been or may be raised against your nomination. 4. Publication of list of validly nominated candidates:

The Election Officer shall endorse on each nomination paper his decision accepting or

rejecting the same and if the nomination is rejected, he will record in writing a brief statement of his reasons for such rejection. The scrutiny shall be completed on the day appointed in the election notice and no adjournment of the proceedings shall be allowed except when such proceedings are interrupted or obstructed by riot or violence or causes beyond the control of the Election Officer.

Immediately after completion of scrutiny of nominations, a list of validly nominated

candidates shall published in Form – IV (Annexure - X). There shall be one entry only in respect of each validly nominated candidate in the list although more than one nomination paper in respect of a candidate have been accepted as valid. If none of the nomination paper is found valid on scrutiny, the name of the candidate should not be entered in the list.

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CHAPTER – VII

WITH DRAWAL OF CANDIDATURE

According to sub-rule (1) of Rule 13 of A.P. Municipalities (Conduct of Election of Members) Rules, 2005, any candidate may withdraw his candidature by notice in writing in Form – V (Annexure - XI) signed by the candidate and delivered to the Election Officer at any time after the presentation of his nomination paper and not later than 3.00 O’ Clock in the afternoon on the 3rd day after the scrutiny of nominations, whether or not it is a public holiday. When the notice is not delivered by the candidate in person, it shall be delivered by his proposer or his election agent, who has been authorised in this behalf in writing by the candidate himself. You are requested to note the following four points which must be scrupulously followed for withdrawal - 1. Notice of withdrawal in Form V (Annexure – XI) to be delivered by you in person to the

Election Officer after the presentation of your nomination paper and not later than three ‘O’ clock in the afternoon on the third day after the scrutiny of nominations.

2. If the withdrawal notice in Form V is not delivered by you in person, it shall be delivered by your proposer or election agent, who has been authorised by you in writing in this behalf.

3. It must be delivered to the Election Officer before 3.00 PM on the last date fixed for withdrawal of candidate.

4. A receipt should be obtained from the Election Officer for having received notice of withdrawal in Form - V.

You must also note that once a notice of withdrawal of your candidature is given to the

Election Officer, you will not be allowed under any circumstances to cancel the withdrawal. Therefore, you should firmly make up your mind before the notice of withdrawal is actually delivered to the Election Officer.

The Election Officer on receiving a notice of the withdrawal shall, as soon as may be,

cause a notice of the withdrawal in Form VI (Annexure - XII) to be affixed on the notice board of the Municipal Office.

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CHAPTER VIII

1. LIST OF CONTESTING CANDIDATES AND ALLOTMENT OF SYMBOLS

Immediately after the expiry of the time for withdrawal of candidature, the Election Officer concerned shall prepare the list of contesting candidates for the office of the Ward Member in Form VII Annexure – XIII under Rule 14 of the A.P. Municipalities (Conduct of Election of Members) Rules, 2005 and publish it.

The names of the candidates shall be arranged in each of the following three categories with reference to surnames of candidates in alphabetical order in Telugu. Where there is no surname, the proper name shall be taken into consideration. Where only the initials precede the proper name, the initials have to be ignored while arranging the names in the list of contesting candidates.

(i) Candidates of recognised Political Parties. (Candidates set up by National Parties, State Parties in the State of Andhra Pradesh and State Parties in other States fall under this category).

(ii) Candidates of registered Polities Parties (Candidates set up by registered political parties with or without a reserved symbol fall under this category).

(iii) Other candidates. (Independent candidates fall under this category). The names of the candidates shall be arranged as indicated above in each category in

Telugu alphabetical order and the addresses of the contesting candidates as given in the nomination papers may be noted in the list of contesting candidates.

If the poll is found necessary i.e., if there are more than one candidate for the office of the Member of Municipality, the distinguishing symbol assigned to them shall be specified against the name of each contesting candidate in Form VII Annexure – XIII and the Election Officer shall publish the list of contesting candidates for Ward Members of the Municipality as specified in Rule 14 of the above Election Rules. Only the name of the symbol assigned to each candidate need be mentioned in column 6 of the list of contesting candidates and there is no need to affix the symbol itself. Assignment of symbols to unopposed candidates does not arise. <

2. Symbol Notification:

Under paragraph 10 of the Symbol Order, 2001, read with Section 5-A of the AP Municipalities Act, 1965, the State Election Commission shall by notification in the A.P. Gazette, publish the list of recognized political parties, registered political parties along with symbol reserved for them and also registered political parties without reserved symbol.

The State Election Commission also notifies the free symbols for allotment to the candidates set up by registered political parties without a reserved symbol and for the independent candidates. A copy of the notification issued by the State Election Commission shall be obtained by the Election Officer and kept on hand.

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3. Registration of Political Parties and Allotment of Symbol Order, 2001:

The State Election Commission issued Registration of Political Parties and Allotment of Symbol Order, 2001, (hereinafter referred to as Symbol Order, 2001) (Annexure - XIV) in which the procedure for allotment of symbols to the contesting candidates in elections to local bodies has been prescribed under paras 6,7 & 8 in part III and the same is re-produced as below:-

6. Choice and allotment of symbols -- (1) A candidate set up by a recognised National Party at any election to the local bodies in the State shall choose, and shall be allotted, the symbol reserved for that party by the Election Commission of India and no other symbol.

(2) A candidate set up by a recognised State party at any election to the local bodies in the State, whether such party is a State party in the State or not, shall choose, and shall be allotted the symbol reserved for that party by the Election Commission of India and no other symbol.

(3) A candidate set up by a registered political party with a reserved symbol at an election to the local body in the state shall choose and shall be allotted a symbol reserved for that party by the State Election Commission and no other symbol.

(4) In any election to the local bodies in the State, a reserved symbol shall not be chosen by, or allotted to, any candidate other than a candidate set up by a recognised or registered political party with a reserved symbol for whom such symbol has been reserved, even if no candidate has been set up by such party in such election.

7. Choice of symbols by other candidates and allotment thereof --

(1) Any candidate at an election to local bodies in the State, other than a candidate set up by a recognised political party, or a candidate set up by any registered political party with a reserved symbol shall choose and shall be allotted in accordance with the provisions hereafter set out in this paragraph, one of the symbols specified as free symbols by the Commission.

(2) Where any free symbol has been chosen by only one candidate at such election, the

Returning Officer / Election Officer shall allot that symbol to that candidate and to no one else.

(3) Where the same free symbol has been chosen by several candidates at such election, then,

--

(a) if of those several candidates one of the candidates is, or was holding the same office, and was allotted that free symbol at the previous election to the same office, when he was chosen, the Returning Officer/Election Officer shall allot that free symbol to that candidate and to no one else; and

(b) if of those several candidates, no one is, or was, a sitting member, the Returning Officer/Election Officer shall decide by lot to which of those candidates that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls and to no one else;

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(4) Where the same free symbol has been chosen by several candidates at such election, then

–

(a) if, of those several candidates, only one is a candidate set up by an registered political party without a reserved symbol and all the rest are independent candidates, the Returning Officer shall allot that free symbol to the candidate set up by the registered political party without a reserved symbol, and to no one else; and, if, of those several candidates, two or more are set up by different registered political parties without a reserved symbol and the rest are independent candidates, the returning officer shall decide by lot to which of the two or more candidates set up by the different registered political parties without a reserved symbol that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls, and to no one else.

Provided that where of the two or more such candidates set up by such different registered political parties without a reserved symbol, only one is, or was, immediately before such election, a sitting member of the local body (irrespective of the fact as to whether he was allotted that free symbol or any other symbol at the previous election when he was chosen as such member), the returning officer/election officer shall allot that free symbol to that candidate, and to no one else:

(b) if, of those several candidates, no one is set up by any registered political party without a reserved symbol and all are independent candidates, but one of the independent candidates is, or was, immediately before such election a sitting member of the local body and was allotted that free symbol at the previous election when he was chosen as member, the Returning Officer/Election Officer shall allot that free symbol to that candidate, and to no one else; and

(c) if, of those several candidates, being all independent candidates, no one is, or was, a sitting member as aforesaid, the returning officer/election officer shall decide by lot to which of those independent candidates that free symbol shall be allotted, and allot that free symbol to the candidates on whom the lot falls, and to no one else.”

8. When a candidate shall be deemed to be set up by a political party:- For the purpose of

this Order, a candidate shall be deemed to be set up by a political party if, and only if, he is nominated by the political party concerned, in such manner and in such format as may be specified by the instructions issued by the State Election Commission, under this paragraph.

The following instructions were issued by the Commission with regard to setting up of candidates by political party under Rule 8 of symbol order:

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4. Submission of Form A / Form B by candidates set up by Recognised and Registered Political Parties:

A candidate shall be deemed to be set up by a recognised party or registered party (with or without reserved symbol) if the candidate made a declaration to that effect in the nomination form and produces authorisation from the political party concerned as per the following instructions:-

1. President or the General Secretary of any registered political party or State President or State General Secretary of a recognised National Party can send Notice about the candidates set up by the party, either directly to the Election Officer in Form-B as shown in Annexure – XVI or authorise a party functionary in Form -A as in Annexure – XV in respect of the Municipality concerned and send such form duly signed by him/her, to the District Election Authority, that is, the District Collector concerned.

2. The Form-A to be submitted to the District Election Authority and must be handed over to the said authority before 5.00 P.M. on or before the last date of filing of nominations.

3. The Notice issued in Form-B, either by the Party President or General Secretary as mentioned in item-1 above or by the party functionary authorised by the party through Form-A, shall be delivered to the Election Officer concerned before 3.00 P.M. on the last day of withdrawal of nominations.

4. The District Election Authority, on receipt of notice in Form-A about the names and specimen signatures of the party functionaries authorised to issue Form-B at the District level, shall make xerox copies of these forms and arrange to send them to all the Election Officers concerned in the Municipality before 3.00 P.M. on the last date of withdrawal.

5. There is no objection, if the Form-A signed by the party President or General Secretary and the Form-B signed by the authorised party functionary is directly submitted to the Election Officer, and the Election Officer, in such case, shall presume that the candidate is duly nominated by the concerned party.

6. In case Form-B signed by the State Level Party President or General Secretary is submitted to the Election Officer in prescribed time, there is no need for Form-A in such cases.

7. In cases where Form-B is issued parallelly to several candidates for the same Ward, the Form-B which is received first in point of time, will be taken into consideration for allotting symbols of that political party, by the Election Officer.

8. Political parties are permitted either to cancel the authorisation in Form B given in favour of one candidate or change such authorisation by substituting the name of another candidate, subject to the following conditions namely –

(a) Subsequent authorisation cancelling the earlier authorisation in Form B is received by the Election Officer concerned not later than 3.00 PM on the last date of withdrawal.

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(b) Such subsequent authorisation in Form B is signed by the same party functionary who signed the earlier Form B and clearly shows that it cancels the earlier authorisation.

(c) The Election Officer is satisfied about the genuineness of the subsequent authorisation; and

(d) the candidate in whose favour subsequent authorisation has been given has already made a declaration in his/her nomination paper that he/she has been set up by the said political party.

9. The substitute candidate (also commonly called dummy candidate) of a political party will set in only in the event of the nomination of the main candidate being rejected on scrutiny or withdrawal of candidature by the main candidate (if the nomination of substitute candidate is otherwise valid and he/she is still in the field).

10. Where a candidate has made a declaration in his/her nomination paper that he/she has been set up by a political party but could not produce authorisation in A and B Forms from the political party concerned within the stipulated time, he/she shall be treated as an independent candidate.

11. Where a candidate has not made a declaration in any of his/her validly nomination papers that he/she has been set up by a particular political party, he/she shall not be deemed to have been set up by that party even if that party gives you intimation to that effect in Forms A and B subsequently, and he/she shall not be allotted the symbol reserved for that party. He/She shall be treated as an Independent.

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CHAPTER – IX

APPOINTMENT OF ELECTION AGENT, POLLING AGENT AND CO UNTING AGENT

1. Election Agent:

As a candidate, you may appoint in writing some other person to be your election agent. Such appointment may, if you so desire, be made at any time you like. The appointment shall be made in Form VIII (Annexure - XVII) and the notice of appointment shall be given in writing to the Election Officer. You may obtain in writing an acceptance of such person for being appointed as your election agent. No person who is disqualified under Section 15 of AP Municipalities Act, 1955, except those mentioned under clause (f) and (g) of sub-section (2) thereof shall be appointed as an election agent. You may revoke appointment of your election agent in writing and such revocation will be operative from the date on which it is lodged with the Election Officer. In the event of such revocation or of death of an election agent you may appoint another person to be your election agent in a like manner. The election agent so appointed by you shall perform such functions during elections as are authorized under the relevant conduct of election rules. 2. Polling Agent: You or your election agent may appoint one agent and two relief agents to act as polling agents for each polling station and where a polling station has more than one polling booths at each such polling booth and such appointment shall be made by writing a letter in duplicate in Form IX (Annexure - XVIII) signed by you or your election agent. Under intimation to the Election officer atleast 3 days before the commencement of poll. You or your election agent shall deliver duplicate copy of the letter to the polling agent who shall on the date fixed for the poll present the copy to and sign the declaration contained therein before the Presiding Officer of the polling station where such polling agent is appointed for duty and the Presiding Officer shall retain it thereafter in his custody. At any polling station at any given point of time only one polling agent or relief agent can be present but not both.

Any revocation of an appointment of polling agent shall be signed by you or your election agent and such revocation will be operative from the date on which it is lodged with the Election Officer. In the event of revocation or death of any agent at any time before the commencement of poll, you or your election agent may appoint polling agent in the manner prescribed above.

The role of polling agent is to observe the polling i.e., whether the poll process is orderly free and fair. The polling agent can perform this role only if he is from local area and familiar with the identity of voters of that particular booth. A person appointed as polling agent from outside the village and not familiar with the identity of voters will not serve the purpose for which he is appointed. Moreover, in such cases, there is always a possibility of bringing in antisocial elements, rowdy sheeters etc., from outside in the guise of polling agents to intimidate the voters, polling personnel or polling agents of other candidates. The State Election Commission has, therefore, issued the following guidelines with regard to appointment of polling agents by contesting candidates, seating arrangements and providing of specimen signatures of contesting candidates / election agents to the concerned Presiding Officer etc.

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I With regard to the appointment of Polling Agents:-

(i) the Polling Agents who are appointed by contesting candidates shall be ordinarily residents and electors of the concerned polling areas only,

(ii) the Election Officers shall inform the contesting candidates to furnish the names

and addresses of the persons whom they intend to appoint as polling agents or relief agents at least three days before date of polling. However, the three days time limit prescribed can be relaxed by the Election Officer for appointment of a regular polling agent, in case of death, disability or the like of a polling agent already appointed, so as to enable the appointment of a substitute.

(iii) such polling agents must have EPIC or any of the identity documents notified by

the State Election Commission.

(iv) if the person, who was appointed as a polling agent is not a voter in the same polling station area, but a voter in the same ward, he/she is required to produce before the Presiding Officer, a certified copy of the electoral roll issued by the competent authority showing that he/she is a voter of the same ward in which he/she is appointed as polling agent. The Presiding Officer after verifying the certified copy of the electoral roll will take action to allow the person as a polling agent.

(v) there is no restriction that women alone should be appointed as polling agents in the polling stations designated exclusively for women. However, it would be advantageous if women are appointed as polling agents in such polling stations as the polling staff also are generally women. If women are not available for being appointed as poling agents in such polling stations there is no objection for men being appointed as polling agents.

(vi) a Minister, MP or MLA or MLC or any person who is under security cover by the State shall not be appointed as Polling Agent as his personal security shall be jeopardized with such appointment, because his security personnel will not be permitted to accompany him into the polling station.

(vii) all polling agents shall display their identity document prominently on their person on the day of poll for easy and quick identification

II With regard to seating arrangements inside the Polling Station:-

(i) the set up of polling stations is made in such a way that the polling agents are seated

inside the polling stations so that they may see the face of an elector as and when he enters the polling station so that they can challenge the identity of the elector, if needed. They should also be able to watch entire operation inside the polling station including his/her movement to the voting compartment and his/her exit from the polling station after recording his/her vote. But they should not, in any event, be seated in a place where they have the chance of seeing voter actually recording his/her vote which would compromise secrecy of voting.

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(ii) the seating arrangement at the polling station for the polling agents, shall be guided

by the priority categories wise as shown below: (i) Candidates of recognized National party. (ii) Candidates of recognized State party. (iii) Candidates of recognized State party of other States. (iv) Candidates of registered Political Parties with a reserved symbol. (v) Candidates of registered Political Parties without a reserved symbol. (vi) Independent candidates.

III With regard to providing specimen signatures of contesting candidates and their

election agents to the Presiding Officer:-

(i) Every polling agent must produce before the Presiding Officer of the polling station the appointment letter in Form IX (Annexure – XVIII), by which the candidate or his election agent has appointed him.

(ii) However, the Presiding Officer of a polling station is not in a position to verify the signature of the candidate or his election agent as given in appointment letter in Form IX presented to him by the polling agent as he will not be having the specimen signatures of the candidates or their election agents. This may result sometimes in presentation of spurious Form IX by unscrupulous persons with the purported / forged signatures.

(iii) In order to prevent any such malpractices and unscrupulous methods at the polling stations, the Commission has devised a Format and appended herewith for obtaining the specimen signatures of the candidates and their election agents.

(iv) Contesting candidates and their election agents are required to provide their specimen signatures in the above Format to the Election Officers who will take photocopies thereof in sufficient numbers and to supply to all Presiding Officers, Observers of the Commission, Zonal Officers and Route Officers etc., in the ward.

(v) Under the law, it is not obligatory on the part of the candidates to appoint an election agent. Therefore, if any of the candidates has not appointed any election agent, then in the column meant for the signature of the election agent, the words “No Election Agent appointed” may be recorded in the Format.

(vi) The candidates are further at liberty to revoke the appointment of an election agent and to appoint another person as the election agent. If such a change in the appointment is made at the last moment when the Presiding Officers have already been supplied with the copy of the Format containing the specimen signatures as originally furnished by the contesting candidates, then it shall be the responsibility of the candidate concerned to supply a copy of Form VIII (Annexure – XVII) (appointment of election agent) in case of Municipalities / Nagar Panchayats to the respective Presiding Officer.

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(vii) If any candidate and /or his election agent refuse(s) to affix specimen signature on the Format, they may be informed that the Presiding Officer may not entertain any appointment letter in Form IX (Annexure – XVIII) from the polling agents appointed by them if the Presiding Officer is in reasonable doubt as to the genuineness of the signature of the candidate or his election agent whose specimen signature is not available in the prescribed Format.

IV With regard to revocation of the appointment, or death of a polling agent and appointment of another polling agent:- Sub-rule (3) of Rule (18) of A.P. Municipalities (Conduct of election of Members) Rules, 2005 stipulates that any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent as the case may be. Such revocation shall operate from the date on which it is lodged with the Election Officer and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to Election Officer.

3. Counting agent:

Each candidate may appoint such number of counting agents at places fixed for counting

as may be specified by the District Election Authority. Generally each candidate can appoint as many counting agents as there are counting tables. Every such appointment shall be made by you or your election agent before the commencement of counting of votes by writing a letter in duplicate in Form X (Annexure – XIX) and by forwarding it to the Election Officer. One copy of which shall be forwarded to the Election Officer while the other copy shall be made over to the counting agent for production before the Election Officer on the date fixed for counting and sign the declaration contained therein before the Election Officer and Election Officer shall retain it for custody. The counting agents so appointed by you may perform such functions in connection with counting of votes as authorized under the relevant conduct of election rules. Any revocation of an appointment of counting agent shall be signed by you or your election agent and such revocation will be operative from the date on which it is lodged with the election officer. In the event of revocation or death of any agent at any time before the counting of votes, you or your election agent may appoint counting agent in the manner prescribed above.

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Format for Specimen Signature of Candidates and the ir Election Agents

No. _________& Name of ward_____________ of___________ Municipality.

The specimen signatures of contesting candidates and their election agents are given below for the purpose of verification of their signatures by the Presiding Officer in the letters of appointment of Polling Agents at the time of poll :-

Place: Signature: Date: (SEAL)

Election Officer

Sl. No. Name of

Contesting Candidate

Specimen Signature

Name of his/ her Election Agent

Specimen Signature

1. Shri/Smt./Ms. .......................... Shri/Smt./Ms. ............................

(Candidate No.1)

2. Shri/Smt./Ms. .......................... Shri/Smt./Ms. ............................

(Candidate No.2)

3. Shri/Smt./Ms. .......................... Shri/Smt./Ms. ............................

(Candidate No.3)

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CHAPTER – X

CAMPAIGN PERIOD

1. Introduction

The election law provides an interval of not less than 12 clear days between the last date fixed for withdrawal of candidature and the poll. This period could be utilized for canvassing and educating the voters and training the workers and agents that you will have to employ for election purpose. However, please note that campaigning stops 48 hours before the hour fixed for close of poll. 2. Corrupt practices and electoral offences

While undertaking your electioneering campaign, you should ensure that the highest standard of morality and purity are maintained, as that would in turn ensure free and fair election. Corrupt practice and electoral offence tend to mar the smooth conduct of an election and disturb the atmosphere of friendly contest that should prevail during the elections. Any corrupt practice and offence by you, your agent and workers may vitiate your election. You should, therefore keep in check your over enthusiastic agents and workers from indulging in any objectionable activities. Even a single proved instance of corrupt practice may be enough to unseat you, if you are successful in the election.

In particular do not permit on your behalf. (i) Any bribery or undue influence by way of coercion or intimidation of voters or otherwise or

personation; (ii) Any arrangement, direct or indirect, to carry any voter to or from polling station by any kind

of vehicle used for transport (this is also a criminal offence);

N.B. Even your party cannot arrange for such conveyance.

(iii)Any act to promote or attempt to promote on grounds of religion, caste, community or language, feeling of enmity or hatred between different classes of citizens of India is a corrupt practice and which may render your election void and entail disqualification for membership and which is also an electoral offence punishable with imprisonment for a term which may extend t three years, or with fine or both.

(iv) Any assistance from any government servant to help your prospects in the election, except that a government servant may, if he so desires, cast his vote for you;

N.B. Such assistance on the part of a Government servant is a corrupt practice as well as an offence. If you instigate him to do so, you will be liable criminally for abetment. Provided that where any person in the service of the Government and belonging to any of the specified classes in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities, or does any other act or thing, for or in relation to any candidate, or his election agent, or any other person, acting with the consent of the candidate, or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangement, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’s election.

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(v) Your election expenses to exceed the legal maximum; (vi) any removal of ballot paper or voting machine from the polling station or tampering with the

ballot boxes or voting machines by use of force or otherwise (these are criminal offences); (vii) any appeal by you or by your agent or any other person with your consent or with the

consent of your election agent to vote or refrain from voting for any person on ground of his religion, race, caste, community or language or the use of or appeal to religious symbols, or the use of or appeal to National Symbols such as National flag or the National emblem, which is a corrupt practice under the law, (However, no symbol allotted to a candidate shall be deemed to be a religious symbol or a National symbol);

(viii) the publication of any statement of fact which is false in relation to the personal character or

conduct of any candidates; (ix) booth capturing as defined in Section 343A of A.P. Municipalities Act 1951. Booth

capturing is both a corrupt practice and an electoral offence punishable with imprisonment of not less than six months and upto two years and with fine.

3. Model Code of Conduct for guidance of political parties and candidates

Apart from the above mentioned corrupt practices and electoral offences, the election campaign may take different forms which may create feelings of bitterness, irritation, confrontation and resentment among the various political parties and candidates and vitiate the atmosphere. For maintaining a healthy and peaceful atmosphere and to the conduct of smooth election, the Commission has prescribed a Model Code of Conduct (Annexure - XX) which will be supplied to you after finalization your candidature. You must ensure that you, your supporters and agents observe the Model Code of Conduct. Any violation of Model Code of Conduct will be viewed seriously by the State Election Commission and may seriously affect your election.

4. Use of Loud Speakers

No Loudspeakers should be used for any meeting or procession or for general propaganda without the prior written permission of the authorities concerned and beyond the hours fixed by the Commission in this behalf. A copy of the order issued by State Election Commission on this subject is enclosed as Annexure XXI.

5. Use of vehicles for campaigning

The candidates contesting the office of Ward Members of the urban local bodies shall furnish details of the vehicles intended to be used by them for campaigning to the Municipal Commissioners / Commissioners of Municipal Corporations concerned. Only after proper permission / authorization has been issued by the Municipal Commissioner concerned, the vehicles so notified by the candidates can be used for the election campaign. Thus, prior permission / authorization by the Municipal Commissioners / Commissioners of Municipal Corporations is a must for the actual deployment of any vehicle for campaign purpose by the candidates.

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6. Defacement of public or private property

Private places and public places shall not be disfigured during the election campaign by way of pasting election advertisements and writings on the walls in violation of the Model Code of Conduct. In order to prevent such disfigurement, the A P State Legislature has enacted A P Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable posters and Advertisements Act, 1997 (Act 28 of 1997). Section 4 of the said Act makes the disfigurement of public or private place an offence punishable with imprisonment which may extend up to three months or with fine which shall not be less than Rs.1,000/- but which may extend up to Rs.2,000/- or with both. Abettors of such disfigurement are liable to be punished under Section 5 of the said Act. You must ensure that you or your agents etc. do not violate the provisions of this Act failure of which will invite Criminal Prosecution. A copy of the order issued by State Election Commission in the matter is enclosed as Annexure XXII.

7. Processions and meetings You or your party should obtain well in time the required permission from the proper authority for the holding of a meeting at any public or private place. Temples, Mosques, Churches or other places of worship should not be used as forum for such meeting or for any election propaganda. Similarly, permission should also be obtained for conducting processions. The application should be made in time to enable the local police authorities to make necessary traffic and security arrangements. Taking out processions on the same roads or routes on which some other candidate is also taking out procession on the same day should be avoided. Pictorial representations should be sober and moderate and of real educative value to voters. A high standard of decency and decorum should be maintained while making speeches or raising slogans. No loudspeaker fitted on vehicles of any kind or in any other manner whatsoever should be used during the period of 48 hours ending with the hour fixed for the conclusion of the poll in an polling area. 8. Restrictions on printing of pamphlets, posters etc.

(a) Every election pamphlet, handbill, placard or poster, which is printed or multigraphed by any process (except copying by hand), must bear on the front the name and address of the printer and the name and address of the publishers;

(b) The printer of any such documents must obtain from the intending publisher a declaration (in duplicate) regarding his identity signed by him and attested by two persons to whom he is personally known.

(c) As soon as the document is printed the printer must send one copy of the declaration and one copy of the document to the Collector and District Election Authority of the district;

(d) These restrictions however do not apply to any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. A copy of the order issued by State Election Commission is enclosed as Annexure – XXIII.

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9. Unofficial Identity Slips

The political parties/ candidates may issue unofficial identity slips containing the following information to the voters-

(i) the name and serial number of the voter in the electoral roll; (ii) the number of the part of the electoral roll; (iii) the serial number and name of the polling station, and (iv) date of poll.

The identity slips should be on white paper and should not contain the name of the candidate and / or the name of his party and/or the election symbol of the candidate or his party. The slips should not also contain any slogans or any exhortation to vote for a party or for a candidate since these slips if carried by the voters to the polling stations would amount to canvassing within the polling station, which is not permissible. The circulation or any slips within 100 meters of the polling station would also amount to canvassing which is not permissible under the law.

10. Polling Rehearsals

You may arrange for your polling agent to attend polling rehearsals in their respective areas so that they may get familiar with the polling procedure and the operation of voting machines.

11. Educating the Electors about the Voting Procedure

Your workers should educate the electors about the voting procedure and, in particular, the manner of recording of votes by means of voting machines. The electors should be advised to use the voting machines and to give their signatures or thumb impressions without any fear. They should be informed that this will not in any way violate the secrecy of their vote or disclose their identity, as the packets of registers of voters containing the signatures/thumb impressions of electors will be sealed, immediately after the close of the poll, with the seals of the Presiding Officers and polling agents of the candidates and such sealed packets shall not thereafter be opened or inspected by any person except under the order of a competent court.

Your workers should also familiarize the electors about the other details of voting procedure followed at the polling station. The elector should be informed that the electors are required to produce EPIC or other alternative identification documents prescribed by the Commission. After an elector’s name is located in the electoral roll and his identity is established, his left forefinger will be marked with indelible ink. He will then be required to give his signature or thumb impression on the register of voters. If he puts his thumb impression on the register, he should clean his thumb with the help of a piece of wet cloth or rag provided on the table of the polling officer this will be necessary to avoid any possible smudge on the voting machine. The Polling Officer in charge of the control unit of the voting machine will then allow the elector to record his vote on balloting unit kept in the screened voting compartment on the basis of this voter’s slip. For this purpose, the polling officer will press the Ballot button on the control unit which will activate the balloting unit to record the vote. The elector will record his vote by simply pressing the ‘Candidate’ button on the balloting unit against the name and symbol

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of the candidate of his choice. On pressing the said button, the voter will see a red lamp glowing against the name and the symbol of the candidate whose button he has pressed and will also here a beep sound emitting form the control unit. These audio and visual indications are for conformation of the fact that his vote has been duly records for the candidate of his choice.

12. Dos and Don’ts for Guidance of candidates The election law is quite comprehensive and the procedure is quite elaborate. It is upon

their due observance that the purity of the election depends. Some of the Dos and Don’ts are suggested for your guidance in Annexure XXIV. It should be noted that these are not exhaustive but are only illustrative and for your guidance.

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CHAPTER - XI

PREPARATION FOR THE POLL COMMISSIONING OF ELECTRONIC VOTING MACHINES

1. PRELIMINARY

While you are busy in your election campaign, the Election Officer will be equally busy in making arrangements and preparations for the conduct of poll. The Election Officer must have already procured the requisite number of voting machines for use in the Ward / Municipality. Immediately after the list of contesting candidates is prepared, the Election Officer will know the exact number of balloting units which he will have to supply to each polling station as one balloting unit can cater upto sixteen candidates only. He will make an immediate reassessment of the balloting units required for use in the constituency and obtain immediately the additional balloting units, if necessary, on such reassessment. He will keep sufficient number of machines in reserve stock to meet any unforeseen or emergent situation. 2. THOROUGH TESTING OF MACHINES

Each and every machine has been thoroughly tested by the manufacturing companies for

its 100% error free functioning at the time of poll. However, these machines will be again got tested before the election so that if any repair/replacement is needed, the needful may be done in time. 3. COMMISSIONING OF THE MACHINES

Before a voting machine is supplied to a Presiding Officer for use at a polling station, some preparations are to be made in it at the Election Officer's level. The details of such preparations on the balloting units and the control units are explained in the following paragraphs. These preparations will be made in the presence of the candidates and/or their agents. 4. NOTICE TO THE CANDIDATES ABOUT DATE AND TIME OF PREPARATION OF VOTING MACHINES: The Election Officer will at least one week before the date on which the preparation of the voting machines is to be taken up, give notice of the same in writing to each candidate or his election agent intimating him the place or places where the machines will be so prepared and the date and time at which such preparation will commence. He will also intimate the number of representatives that every candidate will be permitted to bring with him at the aforesaid place or places. If for any reason whatever, none of the candidates or their agents is present on the date and time given in the notice sent to them, the Election Officer has instruction not to postpone the operation of preparing the voting machines. He will go ahead even if no candidate or agent is present.

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5. PREPARATION OF THE BALLOTING UNIT:

Each balloting unit has to be prepared at the Election Officer's level by:-

(a) Inserting and fixing ballot paper in the space meant for the purpose; (b) Masking the candidates buttons which are not required to be used, depending on

the number of contesting candidates; (c) Setting the slide switch at the appropriate position i.e., 1, 2, 3 or 4, as the case

may be, according to the number of such units which are to be used depending upon the number of contesting candidates and the sequence in which each unit is to be used; and

(d) Sealing the unit. 6. FIXING THE BALLOT PAPER:

On every balloting unit, a printed ballot paper shall be displayed in the space specially provided for the purpose under a transparent acrylic sheet (ballot paper screen). The ballot paper shall contain the serial number of each candidate, his name and the election symbol allotted to him as per the list of contesting candidates. Where the number of contesting candidates exceeds sixteen the ballot paper shall be printed on more sheets than one as each balloting unit will cater upto sixteen candidates only. Where the number of candidates exceeds sixteen but is equal to or less than thirty two, the ballot paper shall be printed on two sheets the first sheet containing the names, etc., of candidates from Sl.No.1 to 16 and the second sheet containing the names, etc., of candidates from Sl.No.17 onwards. Likewise, where the number of candidates exceeds thirty two and is upto forty eight, the third sheet will contain the names, etc., of candidates from Sl. Nos.33 onwards and upto 48, and where the number of candidates exceeds forty-eight, the fourth sheet will contain the names etc., of candidates from Sl No. 49 onwards. In such cases, each sheet of the ballot paper will be displayed on a separate balloting unit.

Every ballot paper shall have a serial number and sheet number where printed on more than one sheet. The sheet number will be indicated as ½, if it is the first sheet and two sheets are used, 3/4, if it is the third sheet and four sheets are used and so on. Before it is inserted and fixed on a balloting unit, it shall be either signed on its back by the Election Officer or stamped on its back with a rubber stamp bearing the facsimile signature of the Election Officer.

For fixing the ballot paper under the ballot paper screen, first the top cover of the balloting unit has to be opened. This can be done by pressing simultaneously, towards right, the latches at the top and bottom on the right edge of the unit and swinging the cover up. The top cover and the lower portion of the balloting unit will then open like a book. Thereafter, the ballot paper screen, which is hinged to the top cover on the extreme left side will be opened. The release latches of the screen are inside the top cover. By pressing the latches simultaneously, first slightly towards right and then pushing them downwards the ballot paper screen will become free for opening on the upper side of the top cover. After so opening the ballot paper screen, the ballot paper will be placed in the space provided for the purpose on the upper side of the top cover of the balloting unit. The ballot paper will be properly aligned so that each candidate’s name and his symbol are in line with the corresponding lamp and button and the thick lines dividing the panels of candidates on the ballot paper are in line with the corresponding grooves on the balloting units.

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After ballot paper has been firmly fixed and the ballot paper screen has been closed and pressed-fit on the upper side of the top cover, the screen will be sealed on the inner side of the top cover, by passing a thread through the two holes on the screen specially provided for the purpose on the inner side. The two ends of the thread will be placed on an address tag and the Returning Officer will put his seal on the thread and the address tag. The address tag will contain the following particulars:-

"Ward No. ......................... Name of the Ward …………………………………

Municipality ..............................................................................................

Serial No. and Name of the Polling Station……………………………..

Sl.No. of the Balloting Unit………………………………..

Date of poll ...........................................................

This address tag may be hanging loosely and may drop on the candidate's button while closing the top cover. Hence it will be pasted to the upper cover with cello-tape.

7. MASKING OF CANDIDATE’S BUTTONS, WHICH ARE NOT TO BE USED:

On the balloting unit, only those candidate’s buttons should be visible which are to be used by voters. In other wards, the number of candidate’s buttons, which should be visible will be equal to the number of contesting candidates. For example, if the number of candidate’s is nine, only the nine buttons from the top (i.e., 1 to 9) should be visible and the remaining seven buttons (i.e., 10 to 16) should be masked. The masking of the unwanted buttons will be done by moving the white masking tabs on to the candidate’s button, when the balloting unit is still open like a book as explained above. The unmasked buttons will look blue and masked buttons will look white.

8. SETTING OF SLIDE SWITCH:

Inside the balloting unit, on the top right side, there is a slide switch, which has four positions 1, 2, 3 and 4. The positioning of this slide switch determines the serial order in which a particular balloting unit is to be linked with the control unit and kept inside the voting compartment for use at a polling station.

Where the number of contesting candidates is upto sixteen only, one balloting unit will be used. In such case, the slide switch shall be set to the position marked '1' where the number of contesting candidates is more than sixteen and upto thirty two, two balloting units will be used. In the first balloting unit, the ballot paper containing the names of candidates at serial nos. 1 to 16 will be fixed, and its slide switch shall be set to the position marked '1' and in the second balloting unit where the ballot paper containing the names of candidates from 17 onwards is fixed and its slide switch shall be set to the position marked '2'.

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Likewise, if three balloting units are to be used in a constituency where the number of contesting candidates exceeds 32 and is upto 48, the slide switch will be set to the position marked '3' in the third balloting unit. Similarly, if the fourth balloting unit is also to be used in case the number of contesting candidates exceeds 48, then the slide switch will be set to the position marked ‘4’ in the last balloting unit. Any wrong setting of a slide switch will render the whole voting machine non-functional.

9. SEALING OF THE BALLOTING UNIT:

After the ballot paper has been inserted, fixed and sealed under the ballot paper screen, the candidate’s buttons which are not required for use have been masked and the slide switch has been set to the required position, the balloting unit will be closed by bringing the top cover back to its original position. The balloting unit will then be sealed by the Returning Officer with his own seal, by passing two threads, one through the three holes at the top and the other through the three holes at the bottom specifically provided for the purpose, and attaching an address tag containing the following particulars:-

Ward No. .......................................... Name of the Ward........................................

Municipality …………………………………….

Balloting Unit No. .............................

Serial No. and name of polling station where used ..................................................

Date of poll ..................................................................

The candidates or their agents will be allowed, if they so desire to affix their seals on these address tags, in addition to the Election Officer's seal.

After the balloting unit has been so prepared and sealed, it will be kept back in its carrying case. An address tag containing the above particulars will be attached to the handle of the carrying case.

10. INTER-LINKING OF BALLOTING UNITS AND CONTROL UN IT:

Where the number of contesting candidates exceeds sixteen, balloting units more than one, depending upon the actual number of contesting candidates, will be used. All such balloting units to be used at a polling station are to be inter-linked and the first balloting unit will alone be linked with the control unit.

The balloting units shall be so inter-linked that the second balloting unit, i.e., the balloting unit in which the slide switch is set at position 2, is linked with the first balloting unit in which the slide switch is set at position 1. Where three balloting units are to be used, the third balloting unit will be linked with the Second balloting unit and the second with the first, and where all the four balloting units are to be used, the fourth unit will be linked with the third unit, the third with the second and so on.

For linking one balloting unit with another, there is a socket provided in a compartment at the back in the middle of the balloting unit. The connector of the interconnecting cable of the second balloting unit will be plugged into the above mentioned socket of the first balloting unit. Likewise, the connector of the third balloting unit's interconnecting cable will be plugged into the second unit and that of the fourth unit into the third unit. Socket for linking one Balloting Unit with the other Balloting Unit is located at the Back of Balloting Unit.

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As mentioned above, the first balloting unit alone will be plugged into the control unit. The socket for plugging the interconnecting cable of the balloting unit into the control unit is provided in the rear compartment of the control unit.

That rear compartment in the control unit also contains the ‘Power’ switch and this switch when put to 'ON' position makes the battery of the voting machine operational and supplies the power both to the control unit as well as to all the balloting units when linked to the control unit in the manner described above. Power Switch is located on the back of the Control Unit.

Any wrong linking of the balloting units will render the machine non-functional and on pressing any button on the control unit the letters 'LE'; indicating linking error will appear on the display panel of the control unit. The linking error can be set right by re-interlinking the balloting units in the proper sequential order.

11. PREPARATION OF CONTROL UNIT:

Like the balloting unit, some preparations are to be made in the control unit also of the voting machine at the Election Officer's level. These preparations are:-

(1) Installation of the battery;

(2) Setting the number of contesting candidates; and

(3) Sealing that section of the Control unit which is called 'Candidate Set Section' which contains the battery and the button to set the number of candidates.

12. BATTERY INSTALLATION:

The Electronic Voting Machine operates on a special battery, which is supplied by the manufacturing company. A new battery shall be used whenever a machine is used at any election. There is provision for installation of the battery on the top side of the control unit in the 'Candidate Set Section'.

13. SETTING THE NUMBER OF CONTESTING CANDIDATES:

A control unit of the voting machine can cater upto sixty four candidates. Therefore, at every election where the voting machine is used, the control unit has to be set according to the number of contesting candidates at that election. For setting the number of contesting candidates, the following operations shall be performed:-

(i) The number of contesting candidates can be set in the control unit only by linking this unit with the balloting unit or with all the balloting units where more than one balloting unit is to be used.

(ii) After the control unit and the balloting unit(s) have been linked, the Power switch will be pushed to 'ON' position so that both the units get the necessary power to make them operational.

(iii) The button marked 'Cand Set' in the ‘Candidate Set Section’ of the control unit will then be pressed. Thereupon, the two-digit Display Panel on the left side of the Display Section of the control unit will flash the letters 'Cd' and the four digit Display Panel on the right side will flash.

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(iv) When the letters 'Cd.' start flashing on the Display Panels on the control unit, the Candidate's button against the last contesting candidate in the balloting unit will be pressed. For example, if there are nine contesting candidates and the machine is to be set for nine candidates, candidate's button of the ninth candidate on the balloting unit will be pressed. If the number of contesting candidates is more than 16, say, 23 the candidates button against the name of the contesting candidate at serial No.23 in the second balloting unit will be pressed. On that button being pressed, the Display Panels will stop flashing the letters 'Cd' and instead the full Panel will display the number of candidates for which the machine has been so set, like Cd 9' or, as the case may be 'Cd 23'.

If by mistake, a wrong button on the balloting unit has been pressed which will set either less or more number of contesting candidates, such wrong setting can be corrected by pressing the 'Cand Set' button again. The machine will again flash the letters 'Cd' and the correct button on the balloting unit can be pressed so as to set the correct number of contesting candidates.

The number of contesting candidates can be set in any number of Control Units by using only one balloting unit or one set of balloting units (where more than one balloting units are to be used depending upon the number of contesting candidates).

14. CLEARING THE MACHINE:

After the number of contesting candidates has been set in the control unit in the manner described above, all the data recorded in the machine relating to a previous election, if any, will have to be cleared. For this purpose, the button marked ‘Clear’ in the Result section of the control unit will be pressed. On the 'Clear' button being pressed, all the counts in the machine shall be automatically set to ZERO and the display panels on the control unit will start displaying that the number of votes recorded in the machine for each contesting candidate is ‘0’ (ZERO).

After the control unit has been set according to the number of contesting candidates at the election and the previous data cleared, the power will be switched off and the control unit and the balloting unit(s) will be delinked by removing the interconnecting cable from the control unit.

15. SEALING THE “CANDIDATE SET SECTION”:

After the battery has been installed in the “Candidate Set Section” and the control unit has been set according to the number of contesting candidates, the “Candidate Set Section” will be closed and sealed so that nobody can have access to the battery and the 'Cand Set' button in the 'Candidate Set Section' thereafter.

The 'Candidate Set Section' will be closed by replacing the cover and pressing it tight. It will be sealed by passing a thread through the two holes provided for the purpose on the left side giving a light knot to the thread and placing the two ends of the thread on an address tag which will be sealed with the Election Officer's seal. The address tag will contain the following particulars:-

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SAMPLE ADDRESS TAG FOR CONTROL UNIT OF EVMs

Ward No. .....................Name of the Ward…………………………………….............................

Municipality ........................................................................

Control Unit No. ................................................................................

Serial No. and name of polling station where used ..............................................

Date of Poll .............................................................

The candidates and their agents shall be allowed to put their seals, if they so desire, on the address tag along with the seal of the Election Officer. The Control unit will then be put in its carrying case, which will now be ready for transportation to the polling station. On the handle of the carrying case of control unit also, an address tag will be attached containing the above particulars.

16. RANDOM CHECKING OF VOTING MACHINE:

Though each and every voting machine has already been fully tested, the Election Officer shall again get 5% of the machines to be used at the election, subject to a minimum of 10 machines, tested and checked at random for their 100% error free performance after the machines have been prepared in the manner described in the foregoing paragraphs. For this purpose, he may ask the candidates and their agents present to choose the machines, which may be tested for such random check.

For conducting the above random test and check, the Election Officer will hold a mock poll on those machines by casting a few votes at random for each of the contesting candidates. Detailed instructions as to how the machines should be operated upon for holding the mock poll are given in para 21 of Chapter XII.

After the conduct of the mock poll, the machines will be cleared of the data recorded at the mock poll and all counts will again be put to ZERO in all such machines used for the mock poll.

17. SAFE PRESERVATION OF PREPARED VOTING MACHINES:

All the voting machines which have been prepared for use at the election, including the reserve machines, will be kept and preserved in safe custody in a strong room under double lock which will be sealed with the seal of the Election Officer. The candidates and their agents will also be permitted to put their seals on the lock, if they so desire.

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The strong room will be opened only on the appointed date and time when the machines are to be supplied to polling parties before they leave for their polling stations. All contesting candidates or their election agents will be given prior notice in writing of such date and time of opening of the strong room. A proper log book will be maintained giving details of such closing and opening of the strong room.

The strong room will be kept fully guarded of all times under the charge of a Senior Police Officer.

18. MAINTENANCE OF RECORDS OF VOTING MACHINES:

The Election Officer will maintain complete record of all the control units and balloting units used at the election. That record will show clearly the number of control unit and balloting unit(s) used at each polling station alongwith the serial numbers of each such unit. The record will also show the number of control units and balloting units alongwith their serial numbers, which have been prepared for use and kept in reserve. If any of such control units or balloting units is put to use, a complete record as to where each such unit was used will be properly maintained which will also show the reasons for which the use of such reserve unit became necessary.

19. SUPPLY OF VOTING MACHINES TO POLLING PARTIES: The voting machines will be supplied only to the Presiding Officers or in their unavoidable absence, to the first polling officers of the polling stations against a proper receipt to be obtained from each Presiding Officer in a register to be kept separately for the purpose. That register will have further provision for keeping proper account of the machines received back from the Presiding Officers. The reserve machines will be kept at a central place or places in the Ward/Municipality on the day of poll so that the same may be supplied with least possible delay to any polling station where an emergent need arises for replacement of any control unit or balloting unit(s). These machines will be kept under the charge of one of the Assistant Election Officers or some other senior officer specifically nominated for the purpose by the Election Officer.

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CHAPTER-XII

POLLING DAY

1. INTRODUCTORY:

Poll is the most important event in the election process. In a democracy, it is through the poll that the electors express their choice of the candidate to represent them in the Municipality.

2. DECLARATION OF HOLIDAY ON POLLING DAYS:

The election law provides that every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election shall, on the day of poll, be granted a holiday. No deduction or abetment of wages of any such person shall be made on account of such paid holiday.

3. PROHIBITION OF CANVASSING:

The election law prohibits canvassing in or near polling stations on polling day. No person shall commit any of the following acts within a polling station or in any public or private place within a distance of 100 meters of a polling station, namely:

(a) canvassing for votes; (b) soliciting the vote for any elector. (c) persuading any elector not to vote for any particular candidate; (d) persuading any elector not to vote at the election; (e) exhibiting any notice or sign (other than an official notice) relating to the election; (f) using or operating within or at the entrance of the polling station or in any public or

private place in its neighbourhood any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker; and

(g) shouting or otherwise acting in a disorderly manner within or at the entrance of a polling station or in any public or private place in the neighbourhood.

N.B. The distance from which a loudspeaker, etc, is used is immaterial. The offence will be committed even if it is used from a distance of more than 100 meters if it causes annoyance to any person visiting the polling station for the poll or interference with the work of officers and other person on duty at the polling station.

4. CANDIDATE’S ELECTION BOOTHS:

According to the instructions issued by the Commission, no election booths of the candidates should be allowed to be set up near the polling station on the day of poll, as such booths pose many difficulties in the way of holding free, fair and smooth elections by creating obstructions to voters, confrontation among various party workers and law and order problems. However, the candidates may provide one table and two chairs for the use of their agents and workers for the distribution of “unofficial identity slips ” to voters beyond a distance of 200 meters from the polling station with an umbrella or a piece of tarpaulin over their head to protect from the sun/rain. No crowd should be allowed to collect around such tables.

Instructions on issue of unofficial identity slips are mentioned at para (8) in Chapter X

which shall be followed scrupulously by all the contesting candidates.

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5. PREVENTION OF VOTERS FROM VOTING:

It is cognizable offence to detain any voters in a camp or any other place whether with or without his consent or obstruct his way to polling station or to prevent him from voting in any manner. If you receive information that any person is so detained or obstructed or prevented you should report the matter to the Presiding Officer, or to the nearest police station or to the Returning Officer who will take effective action to enable the person who are wrongly detained or obstructed or prevented to exercise their franchise even if the detention or obstruction is done in a private place.

6. ILLEGAL HIRING OF VEHICLES FOR THE CONVEYANCE OF VOTERS:

Do not allow anyone on your behalf to provide conveyance for voters on the polling day. It is both a corrupt practice and an electoral offence. If you find any other candidate or his agents, supporters or workers providing such conveyance for voters you should make a complaint in this regard then and there and take action to prosecute the offender, under section 343 L of the A.P., Municipalities Act 1965. If you do not do so and merely send a complaint to the election authorities, much valuable evidence against the offenders would be lost. You may also use this as ground for filling an election petition against the offending candidate in due course as free conveyance of voters from or to polling station is also a corrupt practice. Your polling agent can also make a written complaint in this regard to the Presiding Officer who will forward the same to the Magistrate concerned who has jurisdiction to deal with such cases. You may also ask the Presiding Officer to record his remarks on the complaint from his own observations.

A copy of the instructions issued by the State Election Commission on plying of vehicles on the date of poll is enclosed as Annexure XXV.

7. REMOVAL OF BALLOT PAPERS OR VOTING MACHINE FROM POLLING STATION TO BE AN OFFENCE:

If you or your agents honestly suspect that any voter is illegally taking any ballot paper or a voting machine out of polling station or unauthorisedly or fraudulently tampering with the same, draw the attention of the Presiding Officer to the matter immediately for necessary action on his part.

8. REMOVAL OF DISORDERLY PERSONS:

Any person who misconducts himself or fails to obey lawful directions of the Presiding Officer during the poll may be removed from the polling station under his order by any police officer or other persons authorised by him.

9. WHEN POLLING AGENT SHOULD REACH THE POLLING STAT ION:

The polling agent should reach the polling station at least one hour before the commencement of the poll. This will enable him to be present when the Presiding Officer prepares the Voting Machines for taking the poll and goes through the other preliminaries/arrangements before the commencement of the poll. If any part of these preliminaries has already been gone through, the proceedings will not be commenced de-novo to accommodate any latecomer. Each polling agent will be supplied by the Presiding Officer with a pass on the authority of which the polling agent can go in and out of the polling station as may be necessary.

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10. DUTIES OF POLLING AGENT:

The main duty of your polling agent is to see that your interests are safeguarded at the polling station, for which he has been appointed as your polling agent. His other duties are-

(a) to help the Presiding Officer to detect and prevent impersonation of voters by challenging persons who try to impersonate voters;

(b) to help in having the Voting Machines properly secured and sealed according to the rules before and after the poll;

(c) to take a copy of the account of votes recorded and paper seal account in Form 17-C from the Presiding Officer after the close of the poll; and

(d) to see that the documents relating to the poll are also secured and sealed properly as required by law.

11. THINGS TO BE BROUGHT BY POLLING AGENT:

The polling agent should provide himself with the following items with which he comes to the polling station:

(a) his letter of appointment; (b) a copy of the electoral roll for the polling station; (c) a list of the names of the dead, absent or bogus voters included in the list, if any; (d) a small brass seal; and (e) pen, paper and pencil. 12. WEARING OF BADGE BY THE POLLING AGENTS:

The polling agent is prohibited from wearing any badge containing the photograph of the

candidate or any other political leader and also displaying any slogan or exhortation to vote within the polling station or one hundred meters thereof. If he does so, his act will amount to a cognizable offence punishable with fine, which may extend to Rs.250. He should, however, display on his person the identity pass issued to him by the Presiding Officer.

13. ARRANGEMENT AT POLLING STATIONS:

Outside each polling station there will be displayed prominently a notice specifying the polling area, the electors who are entitled to vote at the polling station and the list of the contesting candidates.

14. ADMISSION TO POLLING STATIONS:

Apart from the electors, only the following persons can be admitted into the polling station by the Presiding Officer:

(a) The electors. (b) Polling Officers; (c) each candidate, his election agent and one polling agent of each candidate at a time; (d) persons authorised by the State Election Commission; (e) public servants on duty in connection with the election;

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N.B. The expression “public servants on election duty” would not include police officers (unless called for by the Presiding Officer for maintenance of law and order in the polling station or any other purpose), Ministers, Ministers of State and Deputy Ministers of the Union or the State/Union Territories.

(f) Observers appointed by the Commission; (g) a child in arms accompanying an elector; (h) a person accompanying a blind or an infirm voter who cannot move without help; and (i) such other persons as the Presiding Officer may from time to time admit for the purpose

of identifying voters or otherwise assisting the Presiding Officer in taking the poll. N.B. No security personnel accompanying, if any, an elector, candidate or his election agent or polling agent shall be allowed to enter the polling station.

15. SEATING OF POLLING AGENTS:

The Presiding Officer will make arrangements to provide seats to the polling agents at such place from where they will have adequate opportunity of identifying electors, seeing the entire operation at the Presiding Officer's table (where the control unit of the voting machine will be kept), and also seeing the movement of the elector from the Presiding Officer's table to the voting compartment (where the balloting unit(s) of the voting machine will be kept) and the elector leaving the polling station after he has recorded his vote in the voting compartment.

The seating arrangement at the polling station for the polling agents of candidates shall be guided by the following categories of priorities, namely,

(i) candidates of Recognised National parties. (ii) candidates of Recognised State parties. (iii) candidates of Recognised State parties of other States. (iv) candidates of Registered political parties with a reserve symbol. (v) candidates of Registered political parties without a reserved symbol, and (vi) independent candidates.

16. PRELIMINARIES BEFORE THE COMMENCEMENT OF POLL:

About one hour before the time fixed for the commencement of poll, the Presiding Officer will start going through the preliminary preparations for the conduct of poll. The Presiding Officer will.

(a) demonstrate to the polling agents and other persons present that the voting machine to be

used for the poll is clear and no vote is already record therein; (b) conduct a mock poll to satisfy the polling agents that the voting machine is functioning

properly; (c) clear the machine again after the conduct of mock poll; (d) fix green paper seal in frame provided for fixing the green paper seal on the inner door of

the door of the inner compartment of Result Section of the Control Unit; (e) close the inner door of the Result Section of the Control Unit with thread and seal it with

special Tag; (f) close the outer cover of that (Result) Section of the Control Unit with thread and seal it

with Address Tag for Control Unit; (g) secure and seal the Result Section from outside with Strip Seal;

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(h) demonstrate to the polling agents and other persons present that the marked copy of the electoral roll (copy of the electoral roll to be used for marking the names of electors who are allowed to vote) does not contain any remarks other than those made for issuing postal ballot papers and election duty certificates; and

(i) demonstrate to the polling agents and other persons present that the Register of Voters does not already contain any entry in respect of any elector.

17. PREPARATIONS ON THE VOTING MACHINE BY THE PRESI DING OFFICER

BEFORE COMMENCEMENT OF POLL:

Before a voting machine is put in actual use at the polling station some preparations, in addition to the preparations made at the Election Officer's level, are necessary. The Presiding Officer shall start the preparations about an hour before the time fixed for the commencement of the poll. If any polling agent is not present, the preparations by the Presiding Officer will not be postponed so as to await the arrival of the polling agent. Nor will he start the preparations again if any polling agent turns up late.

18. PREPARATIONS ON THE BALLOTING UNIT: The balloting unit is already duly prepared in all respects at the Election Officer's level and no further preparation of this unit is required at the polling station on the day of poll, except that its interconnecting cable has to be plugged into the control unit or in the other balloting units as explained below. Where more balloting units than one are to be use at a polling station, these balloting units have to be inter-connected in the correct sequential order. In such a case, only the first balloting unit will be connected with the control unit. The polling agents may satisfy themselves that the Presiding Officer has correctly linked the control unit with the balloting units. If there is any defect in such inter-linking, it will immediately become known as the display panels in the control unit will flash the, letters ‘LE’ i.e. linking error. The Polling Agents should also check that

(i) the ballot paper is properly fixed in the ballot display panel under the ballot paper screen; and

(ii) the two seals put by the Election Officer at the top and bottom portion on the right hand side of the balloting unit are intact.

19. PREPARATION ON THE CONTROL UNIT:

The polling agents will first be allowed to check the seal put by the Election Officer on the 'Candidate Set Section' on the left side of the control unit is intact. This seal has been put by the Election Officer after the setting the number of candidates in the control unit according to the number of the contesting candidates in the concerned Parliamentary/Assembly Constituency.

The following preparations will then be made by the Presiding Officer on the control unit:-

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(i) Interlinking the control unit with the balloting unit or the first balloting unit where more balloting units than one are used;

(ii) switching the power switch to 'ON' position; (iii) closing the rear compartment after performing the functions at (i) and (ii) above; (iv) conducting the mock poll; (v) clearing the machine after the mock poll and setting all counts to ZERO; (vi) switching the Power switch to 'OFF' position; (vii) fixing the Green paper seal (s) to secure the inner compartment of the Result

Section; (viii) closing and sealing the inner door of the Result Compartment by fixing the

special tag and (ix) closing and sealing the outer cover of the Result Section with Address Tag and

Strip Seal When the 'Power' switch in the control unit is put to 'ON' position, there will be a 'beep' sound and the 'ON' lamp on the display section of the control unit will glow green. The Presiding Officer will then close the rear compartment. To keep it firmly closed, a piece of thin wire or a thick thread may be run through the two holes provided for the purpose and the ends of the wire may be given a few twists or a know, as the case may be. You should note that the rear compartment is not to be sealed as it will require to be opened again after the close of poll for switching 'OFF' the power and disconnecting the balloting unit.

20. CONDUCTING THE MOCK POLL:

1. Demonstration of 'Clear' Voting Machine

1.1 Before commencing the poll, the Presiding Officer have to satisfy not only himself but also all polling agents present that the voting machine is in perfect working order and that no votes have already been recorded in the machine.

1.2 For such satisfaction, he should first show to all present that all counts have been set to ZERO by pressing the ‘Clear’ button. The ‘Clear’ button is provided in a compartment in the Result Section of the control unit. This compartment is covered by an inner door and an outer cover. The inner door covers the compartments containing ‘Clear’ button, ‘Result I’ button and ‘Result II’ button, and the outer cover is provided above the inner door and covers also the compartment containing the ‘Close’ button. For reaching the ‘Clear’ button, he should first open the outer cover by pressing slightly inwards the latch provided on the left side. Thereafter, the inner door can be opened by inserting the thumb and a finger through the two apertures above the ‘Result I’ and ‘Result II’ buttons and then pressing the latches inside simultaneously slightly inwards. In no case, this inner door should be forced open without releasing the latches in the manner described above as otherwise this most vital compartment will get damaged.

1.3 When the ‘Clear’ button is pressed, the Display Panels on the control unit will start displaying the information available in the machine in the sequential manner.

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Note: If on pressing ‘Clear’ button, the Display Panels do not display the information, it means that some of the earlier operations needed for clearing the machine have not been performed. To clear the machine, ensure that balloting units and control unit have been properly linked. Press ‘Close’ button and thereafter press 'Result I' button. Now press the 'Clear' button, the Display Panels will start displaying the information.

The display of the information on the Display Panels shall satisfy the polling agents present at the polling station that no votes are already recorded in the machine.

2. INSTRUCTIONS ON CONDUCT OF MOCK POLL

2.1 After demonstrating as above that no votes are already recorded in the machine, the

Presiding Officer should hold the mock poll by recording some votes for each of the candidate at random.

2.2 For that purpose, perform the following operations:-

(a) Press the ‘Ballot’ button on the Ballot Section of the control unit. On pressing the ‘Ballot’ button, ‘Busy’ lamp in the Display Section will glow Red. Simultaneously, the ‘Ready’ lamp on the balloting unit will also start glowing green.

(b) Any polling agent can be asked to press, according to his choice, any of the candidate’s button on the balloting unit. Ensure that each of the blue (unmasked) buttons is pressed at least once, so that each button left unmasked is tested and found functioning properly.

(c) On the candidate’s button being so pressed, the ‘Ready’ lamp on the balloting unit will go off and the candidate’s lamp near the button will start glowing Red. Also, a beep sound will be heard emitting out from the control unit. After a few seconds, the Red light in the candidate’s lamp, Red light in the ‘Busy’ lamp and the beep sound will go off. This will be the indication that the vote for the candidate, whose button has been pressed, has been recorded in the control unit and the machine is now ready to receive the next vote.

(d) The Presiding Officer repeat the process explained in the preceding paras (a), (b) and (c) for recording one or more votes for each of the remaining candidates and keep a careful account of the votes so recorded in respect of each candidate.

(e) When the votes are being so recorded, press the ‘Total’ button on the Ballot Section of the control unit to verify at any time that the total votes recorded in the machine tally with the number of votes which have been polled upto that stage.

Note: ‘Total’ button should be pressed only after the vote has been recorded for any

candidate and the ‘Busy’ lamp in the Display Section is off.

(f) At the end of the mock poll, the ‘Close’ button in the Result Section to be pressed.

On the ‘Close’ button being so pressed, the Display Panels in the Display Section will show the following information available sequentially:-

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NP - No. of posts

Cd - No. of candidates

TO - Total No. of votes polled during mock poll

Note: Subject to availability of time, there is no objection to permit the recording of more votes at mock poll. It is not necessary that the number of votes recorded for each candidate should be the same.

(g) Now the Presiding Officer press the button marked 'Result I' in the Result Section.

On that button being pressed, the Display Panels will start showing the information available in the machine sequentially.

(h) Next, the ‘Clear’ button to be pressed to clear the account of votes recorded

during the mock voting. On the 'Clear' button being so pressed, all counts will show ZERO as explained in para 1.3 above.

2.3 Immediately after conducting the mock poll, the Presiding Officer will sign a mock poll certificate prepared in the following format: -

NP 1

Cd 4

TO 24

END

Cd 4

TO 24

01 4

02 10

03 9

04 1

END

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Mock Poll Certificate

This is certified that I, ______________________ Presiding Officer at the Polling Station

No.______ of ____ Ward Number conducted the mock poll at ________AM today, the poll day

i.e.__________ duly following the instructions issued by the State Election Commission.

A total of _______ votes were polled in the mock poll and after the mock poll I have

carefully cleared the memory and the total votes polled showed ‘0’ after clearing the memory.

A. At the time of mock poll, the polling agents mentioned below representing the candidates as indicated against their names were present and I have obtained their signatures.

B. At the time of mock poll, the agent of only one contesting candidate was present. After waiting for ten more minutes I conducted the mock poll along with other polling staff at _________. I have mentioned the name of the agent present at the time of mock poll including the name of the candidate whom he represented.

(In case, no agent was present it shall be mentioned No Polling Agent was present at the time of Mock Poll)

Name of the Agent Name of the Candidate Signature of the Agent

1)

2)

3)

4)

Date: Name & Signature of the PO

Time:

3 The Election Officer shall track the conduct or otherwise of mock poll and ascertain the mock poll status within 30 minutes. Non-confirmation of mock poll could be indicative of some problem on the part of presiding officer or the EVM needing immediate intervention of the Election Officer.

4 After the completion of poll on the basis of mock poll certifications received from the Presiding Officers, the Election Officer shall prepare a list of such polling stations where the mock poll had to be conducted in the absence of agents or where at the time of mock poll the agents of more than one rival candidates of recognized parties were not present. While doing scrutiny of papers after poll, such poling station will be given special attention. The Observers as well as shall give more attention to this aspect during their field visits to such polling stations.

(Note: Instructions are also issued on the matter in Circular No.528/SEC-F1/2011-9, dt.01-07-2011 as in Annexure XXXIII)

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21. FIXING GREEN PAPER SEAL IN THE CONTROL UNIT: In the conventional system of voting where balloting papers and ballot boxes are used the ballot boxes are sealed and secured by fixing a green paper seal specially got printed by the Commission. Once the green paper seal is fixed in a ballot box and the lid of the box is closed, the box cannot be opened and the ballot papers contained therein cannot be tampered with or taken out for counting unless the green paper seal is torn. Similar safeguard has been provided in the voting machine so that once the poll commences, nobody should be able to tamper with the voting machine. To achieve and ensure this, provision has been made for fixing the same green paper seal which is used for securing a ballot box, in the control unit of the voting machine.

There is a frame provided for fixing the paper seal on the inner side of the door of the inner compartment of the Result Section of the control unit. The seal will be so fixed that its green surface is seen through the aperture from the outer side.

It should be ensured that no damaged paper seal is used in any case and if any paper seal gets damaged in the process of fixing, it should be replaced then and there before the door of the inner compartment is closed.

After fixing the paper seal, the door of the inner compartment will be closed by being pressed fit. It will be closed in such a manner that the two open ends of the paper seal project outwards from the sides of the inner compartment. Before the green paper seal is fixed in the frame provided for the purpose, the Presiding Officer shall affix his signatures in full immediately below the serial number of the paper seal on the white surface of the paper seal. It shall also be got signed by such of the candidates or their polling agents as are present and are desirous of affixing their signature. After the green paper seal has been signed by the Presiding Officer and the polling agents and fixed and secured, the door of the inner compartment over the ‘Clear’ button and ‘Result’ buttons will be pressed fit and closed in such a manner that the two open ends of the paper seal continue projecting outwards from the sides of the inner door. Then this inner door will be sealed with a Special Tag. For this the Presiding Officer will pass the high quality twine thread specially supplied for this purpose by the Election Officer through the two holes provided in the inner door and though the hole provided in the Special Tag. CLOSING AND SEALING OF RESULT SECTION OF CONTROL UN IT 22. SPECIAL TAG:

After the green paper seal has been fixed and secured and signed by the Presiding Officer and Polling Agents and fixed and secured, the door of the inner compartment over the 'Clear' button and 'Result' buttons should be pressed fit and closed in such a manner that the two open ends of the paper seal continue projecting outwards from the sides of the inner door. Then this inner door should be sealed with a Special Tag. For this, the Presiding Officer will pass the high quality twine thread specially supplied for this purpose by the Election Officer through the two holes provided in the inner door and though the hole provided in the Special Tag, tie the thread into a knot and seal the thread on the Special Tag with sealing wax. Thereafter without breaking the seal, the Presiding Officer will adjust the Special Tag in the compartment of 'CLOSE' button ensuring that the 'CLOSE' button protrudes through the hole cut in the middle of the special Tag.

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23. CONTROL UNIT NUMBER:

Before the Special Tag is used, the Presiding Officer will write the serial number of the Control Unit on the Special Tag. 24. SIGNATURE:

After writing the serial number of the Control Unit on the Special Tag, the Presiding Officer will put his signature on the BACK SIDE of the Special Tag. He will also ask the candidates/polling agents present in the polling station before the commencement of the poll to put their signatures on the back, if they so desire. They will also read out the pre-printed serial number on the Special Tag and ask the candidates/polling agents present to note down that serial number. If, by any chance, the Special Tag is spoiled or torn, another one will be used. For this purpose, like Green Paper Seals, the Presiding Officer is supplied with 3 or 4 'Special Tags'. After doing all this, the Presiding Officer will tie the thread into a knot and seal the thread on the Special Tag with sealing wax. Thereafter without breaking the seal, he will adjust the Special Tag in the compartment of 'CLOSE' button ensuring that the 'CLOSE' button protrudes through the hole cut in the middle of the special Tag.

25. CLOSING AND SEALING OF OUTER COVER OF RESULT SECTION:

After the inner compartment of Result Section of the control unit has been closed and sealed, the outer cover of the Result Section should be pressed fit for closing that Section. Before pressing that outer cover, it should be ensured that the two open ends of the paper seal project outwards from the either side of the outer cover.

After the outer cover of Result Section has been closed, that cover should be sealed by (i) passing a thread through the two holes provided for the purpose on the left side of the outer cover, (ii) tying thread into a knot (iii) attaching a label (address tag) similar to the one which is attached to the 'Cand Set Section' at the Election Officer's level and sealing the thread on the Address Tag with wax and the seal of the Presiding Officer. The candidates or their polling agents shall also be permitted to affix their seals, if they so desire, on the outer cover.

The address tag will contain the following particulars:

"Ward No. .....................................Name of the Ward…………………….

Municipality ............................................

Control unit No .......................

Sl. No. and Name of Polling Station ...................................................................

Date of Poll .............................................................

The Election Officer will provide sufficient number of blank printed address tags as part of polling materials. Particulars in the address tag should be carefully filled by you. The serial number of each control unit is inscribed on its bottom portion. The candidates or their Polling Agents present should also be permitted to affix their seals, if they so desire, on the outer cover Address Tag alongwith your seal.

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By so closing and sealing the inner compartment and the outer cover, the whole Result Section gets sealed and secured and the votes which will be recorded by the Control Unit cannot be tampered with. 26. STRIP SEAL: To further improve the sealing arrangements for Electronic Voting Machines, the State Election Commission has approved a system of printing an additional outer seal for sealing the ‘Result Section’ of the Control Unit completely with an Outer Paper Strip Seal (hereafter referred to as 'Strip Seal') so that this portion of the Control Unit cannot be opened once the polling has started and till the counting is taken up. This will ensure that from the time the first vote is cast in the machine at the polling station and till it is brought to the counting table, no person could have opened the Result Section without damaging the Strip Seal. The Commission, therefore, directed that at every polling station where the election is held with the use of EVM, the Control Unit shall be secured and sealed with the Strip Seal as detailed below. from outside completely with the Strip Seal so that this section cannot be opened without damaging the Strip Seal. The Strip Seal shall be positioned on the outer door of 'Result Section' just below the rubber cap covering the 'CLOSE' button in such a way that the covering the 'CLOSE' button is not covered by the Strip Seal. 27. STRIP SEAL - PHYSICAL FEATURES:

(i) Strip Seal is a paper seal with a measurement of 23.5" (twenty-three point five inches) in length and 1" (one inch) in width. The length of the strip is such that it can easily be draped round the breadth of the Control Unit to provide an extra outer seal of the Control Unit before the commencement of the poll and after the other standard seals have been affixed in the Control Unit.

(ii) Each Strip Seal has a Unique Identity Number.

(iii) These Strip Seals will be supplied by a firm duly approved by the Commission.

(iv) At both the ends of the Strip Seal, there are FOUR (4) pre-gummed portions. Of these three are about one square inch area (identified by letter 'A', 'B' & 'C') and one is about two square inch area (identified by letter 'D'). Each gummed portion is covered by a strip of wax paper.

(v) The Strip Seal has an inner side and an outer side. On the inner side of the strip, at one end there are two adjacent pre-gummed portions marked by letter 'A' & 'B'. At the other end of the inner side of the strip, there is about 2" (two inches) pre-gummed portion marked 'D'. On the outer side of the strip, there is only one pre-gummed portion marked 'C'.

28. IMPORTANT CHANGE IN FIXING THE GREEN PAPER SEA L: Now, there is an important change in the method of folding the Green Paper Seals. After fixing the Green Paper Seals in the slot provided in the windows of the Inner Door covering the Result Buttons, the inner door as well as outer door above the Result Section shall be closed. While doing so, the loose ends of the Green Paper Seals should be allowed to protrude outside from both the sides of the outer door above the Result Section. A B D

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29. COMPLETE METHOD OF SEALING CONTROL UNIT INCLUD ING USE OF STRIP SEAL:

For the sake of easy understanding, the complete sequential order of the steps to be taken by the Presiding Officer at the polling station until and including fixing the Strip Seal are given below:

(i) Before the commencement of the actual poll, the Presiding Officer conducts mock

poll. ii) After conducting mock poll and showing the result, the Presiding Officer shall

clear the Control Unit of the data relating to mock poll by operating 'Clear' button.

iii) After clearing he shall insert the Green Paper Seal to cover the windows of the inner door of the Result Section. While inserting the Green Paper Seals, care should be taken to ensure that the Green portion of the seal is visible through the windows of the inner door after it is closed.

iv) After inserting the Green Paper Seals, the inner door above the result buttons shall be closed.

(v) Then the inner door of the result section shall be sealed off with the special tag. (vi) After fixing the Special Tag, close the outer door of the Result Section ensuring

that the loose ends of the Green Paper Seal)s) protrude out from both the sides of the closed outer door.

(vii) Then the Presiding Officer shall seal the outer door with thread and address tag. (viii) Next he shall proceed to fix the Strip Seal around the Control Unit to seal the

Result Section from outside completely so that this section cannot be opened without damaging the Strip Seal after the poll commences. The Strip Seal shall be positioned just below the 'CLOSE' button.

30. METHOD OF SEALING ECIL MAKE MACHINES WITH STRI P SEAL:

In ECIL machine only one Green Paper Seal is used. Therefore, the loose ends of the same Green Paper Seal protrudes from either ends of the outer door over Result Section. Following are the steps to seal ECIL MAKE MACHINES with Strip Seal:- Step 1: First double fold the inner end of the Green Paper Seal in the middle ensuring that the

green portion of the seal remain outside.

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Step 2: Keep the Strip Seal with the pre-gummed portion ‘A’ positioned near the base of the inner fold of the Green Paper Seal protruding from the inner side of the outer door of the Result Section. Remove the wax paper over ‘A’ and press the inner fold of the Green Paper Seal over this gummed portion and paste.

Step 3: Remove the wax paper over the pre-gummed portion ‘B’ and press this gummed portion over the outer fold of the Green Paper Seal.

Step 4: After pasting ‘B’ over the Green Paper Seal the pre-gummed portion ‘C’ will come to the top position. Remove the wax paper over ‘C’, press the Green Paper Seal protruding from the top portion of outer door so that the Green Paper Seal is firmly pasted over ‘C’.

Step 5: Take the remaining portion of the Strip Seal round the Control Unit from left side taking care that the strip passes below the ‘CLOSE’ Button. Bring the other end of the Strip Seal from right side of the Control Unit on top of the outer door where the pre-gummed portions ‘A’, ‘B’ and ‘C’ have been pasted.

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Step 6 : Remove the wax paper covering the pre-gummed portion ‘D’ and press it firmly over the Green Paper Seal protruding from the top portion of the door. The pre-gummed portion ‘D’ spills over the Strip Seal below the ‘CLOSE’ Button. Press this spilled over portion of ‘D’ firmly over the Strip Seal.

By the above process, both the loose ends of the Green Paper Seal protruding from both the sides of the outer door get firmly pasted and held by the Strip Seal. At the same time the outer door over the Result Section is also sealed with this Strip Seal from all sides and this section cannot be opened without damaging this seal.

31. ACCOUNT OF PAPER SEALS:

The Presiding Officer will keep a correct account of the paper seals supplied to him and actually used by him for sealing and securing the control unit. Such account shall be maintained by him in the form specifically prescribed for the purpose.

The Presiding Officer shall allow the candidates and/or their polling agents present to note down the serial numbers of paper seals so supplied for use and actually used.

32. VOTING MACHINE READY FOR ACTUAL POLL:

The voting machine is now ready in all respects for use for actual poll.

Before commencing the poll, the Presiding Officer shall place the balloting unit(s) inside the voting compartment. The voting compartment shall be located at sufficient distance from the table of the Presiding Officer/Third Polling Officer where the control unit shall be kept and operated.

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33. MAINTENANCE OF SECRECY OF VOTING: Every polling agent is required by section 343 F of A.P., Municipalities Act, 1965, to maintain and aid in maintaining, the secrecy of voting and should not communicate to any person any information calculated to violate such secrecy. Any person contravening the above provisions of law is punishable with imprisonment for a term which may extend to 3 months or with fine or with both. Before commencing the poll, the Presiding Officer will bring to the notice of all present the provisions of aforesaid section 343 F regarding their duty to maintain the secrecy of the vote and the penalty for any breach thereof. 34. DECLARATION BY THE PRESIDING OFFICER BEFORE TH E COMMENCEMENT OF POLL:

After the Presiding Officer has gone through the preliminaries, as stated above he will make a declaration in the prescribed form (Annexure XXVI) to the effect that he has completed those preliminaries. He will read out the declaration aloud to the hearing of all persons present in the polling station and sign the declaration and will also obtain thereon the signatures of such of the polling agents as are present and willing to affix the same. The polling agents should sign that declaration as it would satisfy all that the poll had commenced in free and fair manner. If any polling agent refuses to sign that declaration the Presiding Officer will make a note of his name in the paragraph provided for that purpose in the form of said declaration. 35. COMMENCEMENT OF POLL: The poll will be commenced at the stroke of the hour fixed for the purpose. By that time the preliminaries would have been completed by the Presiding Officer. If for any unforeseen reasons the preliminaries are not over, the Presiding Officer may admit about three or four voters at the hour fixed for the commencement of the poll and let the Polling Officers deal with them so as to enable them to go through the process of voting. In any event, the Presiding Officer cannot extend the appointed closing time, except for allowing such of the voters to vote who have already reached the polling station before the appointed closing time and taken their place in the queue for voting. For this purpose the Presiding Officer should distribute slips duly signed by him to the electors, who were present at the polling station at the hour appointed for the close of poll starting from the tail of the queue towards the head

36. ENTRY OF VOTERS INTO POLLING STATION:

Normally there will be separate queues for men and women voters. The persons who arrange the queues will allow 3 or 4 voters into the polling station at a time as the Presiding Officer may direct. Other voters waiting to come in will be made to stand in queue outside. Men and women voters will be admitted into the polling station in alternate batches. The Presiding Officer may, however, give precedence, if he thinks fit, to infirm voters and women voters with babies in arms over others. The polling agents should not object to it.

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37. FACILITIES TO PRESS REPRESENTATIVES AND PHOTOGRAPHERS:

Subject to the maintenance of peace and order, there is no objection to any photographer taking photographs of a crowd of voters lining up outside the polling station. However, no one including the publicity officials of the State Government shall be allowed inside a polling station without a letter of authority from the State Election Commission. In no circumstances, will any photograph be allowed to be taken of a voter recording his vote.

38. METHOD OF RECORDING OF VOTES BY VOTING MACHINE S:

After the procedural requirements relating to identification of an elector, application of indelible ink on his left forefinger and obtaining his signature/thumb impression on the Register of Voters (as explained in detail in the succeeding paragraphs) have been completed and the elector allowed to record his vote in the voting machine, the Polling Officer in-charge of the Control Unit of the voting machine shall press the ‘Ballot’ button on the control unit. This would make the balloting unit(s) ready for recording the vote of the elector. When the ‘Ballot’ button is pressed, the lamp marked ‘Busy’ on the Control Unit will glow red. Simultaneously, the lamp marked ‘Ready’ on each balloting unit kept in the voting compartment will start glowing green. For recording his vote, the elector will press the button (called the candidate's button) provided against the name and symbol of the candidate of his choice on the balloting unit. (For each candidate, a separate button is provided against his name and symbol). When the candidate's button is pressed by the elector, the ‘Ready’ lamp will go off and the candidate's lamp provided near his button on the balloting unit will start glowing red. Also, a ‘beep’ sound will be heard by all present, emitting out from the control unit. After a few second, the red light in the candidate's lamp on the balloting unit, the red light in the Busy lamp on the Control Unit and the beep sound will go off. These visual and audio signs will be the indication that the vote for the candidate whose button has been pressed by the voter has been recorded in the Control Unit. The balloting unit will then get automatically locked and the next vote can be recorded only when the 'Ballot' button on the Control Unit is again pressed by the Presiding Officer/Polling Officer in-charge for allowing the next voter to record his vote.

39. VOTING PROCEDURE AT THE POLLING STATION:

Briefly the voting procedure is as follows:-

When an elector enters a polling station he will proceed direct to the first Polling Officer who will be in-charge of the identification of electors and of the marked copy of the electoral roll. The electors are required to produce EPIC or any other identification document that may be prescribed by the Commission through its order issued time to time for establishing their identity. After his identity has been established and if there is no challenge to his identity by any of the polling agents, the elector's left forefinger will be marked with indelible ink. The second polling officer will do this. The second polling officer will also be in-charge of the Register of Voters. That polling officer will note down the electoral roll number of the elector in column 2 of that Register after noting down his serial number as per Register in Column 1 thereof. He will then obtain the signature or thumb impression of the elector in column 3 of the said Register against the entry relating to him. The Third Polling Officer will prepare a voter's slip for the elector in the following form:

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VOTER'S SLIP:

Sl. No. of elector as per column 1 of Register of voters........................

Sl. No. of elector in the marked copy of electoral roll ...................................................

Initials of Polling Officer. ..................................................................

The elector will then go with this voter's slip to the Fourth Polling Officer whoever is in-

charge of the control unit of the voting machine. Fourth Polling Officer will inspect the indelible ink mark on elector's left forefinger and allow him to record his vote in the voting machine on the basis of the aforesaid voter's slip. The procedure for recording the vote by means of the voting machine has been explained in the preceding paragraph.

The electors will be allowed to record their votes in the voting machine exactly in the same order in which they have been registered in the Register of Voters. If for any unavoidable reason, it has not been possible to strictly maintain the above order in respect of any electors, the Presiding Officer shall indicate the exact serial numbers at which the affected electors have recorded their votes, in the remark column of the register of voters

The checking of the left forefinger of the voter before he leaves the polling station, in order to ensure that there is a clear indelible ink mark may be entrusted by the Presiding Officer to some other member of his party. If he finds that such mark is not clearly visible or the indelible ink has been wiped off, he shall again mark the voter's left forefinger with indelible ink.

40. CHALLENGE TO THE IDENTITY OF A VOTER:

As stated above, one of the main duties of the polling agent is to help the Presiding Officer to detect and prevent impersonation of voters. The polling agent is therefore, entitled to challenge the identity of a person who comes as a voter if he has personal knowledge that the person claiming to be that voter is not the same person. The polling agents should not, however, make in indiscriminate challenges as this would hamper the smooth process of the poll leading to delay in which case some voters, including the supporters of his own candidate, might get tired and leave the queue without voting.

41. LIST OF DEAD, ABSENT AND ALLEGEDLY SUSPICIOUS VOTERS:

It is expected that a polling agent will have with him a copy of the electoral roll and also a list of the names of the dead, absent and allegedly suspicious voters which might have been prepared by the candidate or his party. A copy of this list should be supplied to the Presiding Officer also. If any person claims to be a voter whose name is mentioned in that list, the polling agent should draw the Presiding Officers attention to that fact. This will not amount to a formal challenge. The Presiding Officer will check that person's identity.

42. FORMAL CHALLENGE TO VOTER’S IDENTITY:

If the Presiding Officer disregards the list, the polling agent may formally challenge the identity of the person provided he is satisfied that the person concerned is impersonating a voter.

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Even if the name of a voter is not mentioned in the above list of dead, absent and allegedly suspicious voters, but a polling agent has personal knowledge that the person claiming to be the voter is not the real voter, the polling agent may formally challenge that person's identity.

Every person whose name is entered in the electoral roll is entitled to vote at the election and a person claiming to be a voter and giving out the name and producing the requisite documents and other details correctly is normally presumed to be that voter. Therefore, the polling agents are advised to challenge the identity of a voter only when they are sure about their identity of the person challenged.

43. CHALLENGE FEE:

The Presiding Officer will not entertain any challenge by a polling agent, until the challenger pays him Rs.5 (Rupees five only) in cash. After the amount has been paid, the Presiding Officer will furnish a receipt therefor to the challenger in the form prescribed by the State Election Commission.

44. SUMMARY INQUIRY INTO A CHALLENGE: When the identity of an elector is formally challenged by a polling agent, the Presiding Officer will warn the person challenged about the penalty for personation, read out the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry, enter his name and address in the list of challenged votes (Annexure XXVII) and ask him to sign or affix his thumb impression thereon. If the person challenged refuses to do so, the Presiding Officer will not allow him to vote.

After the Presiding Officer has completed the entries in the list of challenged votes and obtained the signature or thumb impression of the person challenged in the relevant column in the said list, he will ask the challenger to produce evidence to show that the person challenged is not the voter that he claims to be. If the challenger fails to adduce prima facie evidence in support of his challenge, the Presiding Officer will disallow the challenge and allow the person challenged to vote. If the challenger succeeds in making out a prima facie case that the person challenged is not the voter in question, the Presiding Officer will call upon the latter to produce evidence to rebut the challenge, i.e., to prove that he is the voter he claims to be. In the course of the inquiry the Presiding Officer is free to ascertain the true facts by putting to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer him on oath. He may also take evidence of any person whom he thinks to be helpful in his inquiry like the village officer, the neighbours of the voter in question or any other person present. While taking such evidence he may administer oath to the person challenged or any other person offering to give evidence.

After the completion of the inquiry, if the Presiding Officer considers that the challenge has not been established, he should allow the person challenged to vote. Where, however, he considers that the challenge has been established, the Presiding Officer shall debar the person challenged from voting. In that case the Presiding Officer has also been instructed to hand over the person concerned to the police man on duty together with a complaint addressed to the SHO of Police Station in the jurisdiction of which the polling station falls for prosecution of the person concerned for committing the offence of personation.

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45. RETURN OR FORFEITURE OF CHALLENGE FEE:

After the inquiry is over, the Presiding Officer will return the challenge fee of Rs.5/- to the challenger after taking his receipt in the appropriate column in the list of challenged votes, referred to above (Annexure XXVII) and on the counterfoil of the relevant receipt in the receipt book.

Where, however, the Presiding Officer is of the opinion that the challenge was frivolous or was not made in good faith, he will forfeit the challenge fee to the municipality and will not return it to the challenger. 46. CLERICAL AND PRINTING ERRORS IN THE ELECTORAL R OLLS TO BE OVERLOOKED:

The particulars in respect of a voter as entered in the electoral roll are sometime incorrectly printed or have become out of date, for example, the age of the voter. The polling agent should overlook mere clerical or printing errors in any entry relation to a voter and should not raise objection about such voter, if he is otherwise satisfied about the identify of that voter. 47. ELIGIBILITY OF VOTER NOT TO BE QUESTIONED:

Every person whose name is entered in the marked copy of the electoral roll is entitled to vote at the election. So long as there is no doubt the identity of such person, no question can be raised by a polling agent at the polling station before the Presiding Officer about the eligibility of such a person to be registered as a voter.

48. PRECAUTIONS AGAINST VOTING BY UNDER AGE VOTERS:

As stated above, the eligibility of a person to be a voter whose name is included in the electoral roll cannot be questioned or enquired into by the Presiding Officer at the polling station. However, if the Presiding Officer is prima facie satisfied about the identity of a voter and also about the fact of inclusion of his name in the electoral roll, but considers such person to be below the minimum voting age, the Presiding Officer shall obtain a declaration in a prescribed form from the person concerned about his age.

The polling agents may bring to the notice of the Presiding Officer such cases of voters whose names are included in the electoral roll but who seem to be much below the voting age so that the Presiding Officer may take action in respect of such voters as mentioned above.

49. APPLICATION OF INDELIBLE INK: The left forefinger of every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied shall be marked with indelible ink. This will be done by the Second Polling Officer, who is also in-charge of the Register of Voters. The application of indelible ink is a vital safeguard against personation and to ensure that the same voter does not vote more than once. If any elector refuses to allow his left forefinger to be inspected or marked with indelible ink or he has already such a mark on his left forefinger, or he does any act with a view to removing the ink mark, he shall not be allowed to vote.

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The left forefinger of the voter should be marked with indelible ink soon after his identity is verified by the First Polling Officer and before his signature of thumb impression is obtained on the Register of voters by the Second Polling Officer. The underlying purpose of this instruction is that there should be a sufficient time gap for the indelible ink to dry and leave a proper indelible mark on the voter's forefinger before he leaves the polling station. His forefinger should again be checked before be leaves the polling station in order to verify that there is a clear indelible ink mark on the finger. If the voter has wiped off the ink or there is no proper ink mark visible, his left forefinger should again be marked with indelible ink.

50. VOTING BY BLIND OR INFIRM VOTER’S:

If the Presiding Officer is satisfied that owing to blindness or any affixed on the balloting unit of the voting machines physical infirmity a voter is unable to recognise the symbols on the ballot paper or to record his vote on it without assistance, he will permit the voter to take with him an adult companion of not less than 18 years into the voting compartment for recording the vote on his behalf and in accordance with his wishes. But the illiteracy of voter is not a sufficient cause for giving him assistance of a companion to record vote on his behalf.

A candidate, his election agent or polling agent (provided he is not less than 18 years of age) can also act as such companion to a blind or infirm voters. But he can act as such companion of only one elector on that day. The person acting as such companion is required to make a declaration in a prescribed form to the effect that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as a companion of any other elector at any polling station on that day.

51. TENDERED VOTES:

It may happen that a person representing himself to be a particular elector comes forward to vote after some other person has already voted as such elector. In that case if the Presiding Officer is satisfied about the identity of such person to be the real voter after necessary questioning, the Presiding Officer will permit him to vote by means of a “Tendered ballot papers”, but not by means of the voting machine. For that purpose the Presiding Officer will make necessary entry in the list of tendered votes in Form XXII (Annexure XXVIII) and obtain the signature or thumb impression of the voter therein. The voter will be supplied with a ballot paper which shall be similar to the ballot paper affixed on the balloting unit of the voting machine and the words “Tendered ballot paper” will be stamped or written on its back. The elector will record his vote on the tendered ballot paper by placing a mark by means of the arrow cross mark rubber stamp which is used for marking ballot papers under the traditional marking system of voting. Such tendered ballot paper, after it is marked by the voter in the voting compartment and folded, shall be placed by the Presiding Officer separately in a cover specially kept for the purpose.

52. ELECTORS DECIDING NOT TO VOTE:

If an elector, after his electoral roll number has been duly entered in the Register of Voters Form XXI (Annexure- XXIX) and he has put his signature/thumb impression on that register, decides not to record his vote, he shall not be forced or compelled to record his vote. A remark to the effect that he has decided not to record his vote. ‘Refused to Vote’ shall be made in the remarks column against the entry relating to him in the Register of Voters by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark under rule 82. It shall not be necessary to make any change in the serial number of the elector or of any succeeding elector, in column 1 of the Register of voters.

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53. VIOLATION OF SECRECY OF VOTING: Every elector who has been allowed to record his vote is required to maintain secrecy of

voting within the polling station and to observe the prescribed voting procedure. If any elector refuses, after warning given to him by the Presiding Officer to maintain the secrecy of voting and observe the voting procedure, he will not be allowed to vote by the Presiding Officer or by a polling officer under his direction. The voter's slip issued to such elector shall be taken back from him. The Presiding Officer will make a remark to that effect. ‘Not allowed to vote’ Voting procedure violated. in the Register of Voters under his signature. It shall however not be necessary to make any change in the serial number of that elector or of any succeeding electors in column 1 of that Register. 54. PRESIDING OFFICER’S ENTRY IN THE VOTING COMPART MENT DURING POLL: Sometimes, the Presiding Officer may have a suspicion or reason to suspect that the balloting unit keep in the screened voting compartment is not functioning properly or that an elector 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. The Presiding Officer has a right under rule 84 to enter the voting compartment in such cases and to take such steps as may be considered necessary by him to ensure that the balloting unit is not tampered or interfered with in any way and that the poll progresses smoothly and orderly.

Whenever the Presiding Officer enters the voting compartment, he shall permit the polling agents present to accompany him, if they so desire.

55. VOTING BY PERSONS PRESENT AT CLOSING HOUR:

The Presiding Officer will close the polling station at the hour fixed in that behalf and will not thereafter admit any elector into the polling station. But all electors present at the polling station before it is closed will be allowed to cast their votes, even if for that purpose the polling is to be continued beyond the specified closing hour. For the above purpose, the Presiding Officer will distribute to all voters, who are standing in the queue and waiting to vote at the specified closing hour, slips signed by him in full and serially numbered form Sl.No.1 onwards. He will not thereafter allow any person to join the queue and for ensuring this he will start distribution of the above slips to such voters from the tail and of the queue and proceeding backward toward its head.

56. CLOSE OF POLL:

The Presiding Officer shall close the poll after the last voter has recorded his vote. So

that no further recording of votes in the machine is possible, the Presiding Officer shall disconnect the balloting unit(s) from the control unit and press the ‘Close’ button on the control unit. When the close button is pressed, display panels on the control unit will show the total number of votes recorded in the voting machine till the end of the poll (but not the candidate-wise tally). The voting machine will not accept any further votes now.

The total number of votes recorded in the machine shall be immediately noted by the Presiding Officer in the ‘Account of votes recorded’ in Form XXIII (Annexure – XXX).

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57. FURNISHING OF COPY OF ACCOUNT OF VOTES RECORDED (FORM XXIII) BY THE PRESIDING OFFICER:

Rule 86 of the Conduct of Election Rules, provides that the Presiding Officer should at the close of the poll prepare an account of votes recorded in the voting machine in the prescribed Form XXIII. A sample Form XXIII is given in Annexure XXX. He is also required by the above rule to furnish to every polling agent present at the close of the poll, an attested copy of the account after obtaining a receipt therefor from the Polling Agent. The Polling Agents should, therefore ensure that they receive a copy of the said account from the Presiding Officer as such account will be greatly needed by their candidates at the time of the counting of votes. Every polling agent who receive a copy of the said account from the Presiding Officer should affix his signature on the form of declaration (Annexure XXVI Part - III) prescribed by the Commission which the Presiding Officer has to make at the close of the poll. If any polling agent refuses to accept a copy of the above account the Presiding Officer will note down the name of such polling agent in the abovementioned declaration. 58. SEALING OF THE VOTING MACHINE AFTER THE CLOSE O F POLL: After the poll has been closed and the account of votes recorded in the voting machine has been prepared in Form XXIII and copies thereof furnished to the polling agents present, the voting machine shall be sealed and secured by the Presiding Officer for transportation to the collection /storage centre. For sealing and securing the voting machine, the balloting unit(s) and the control unit will be disconnected and the power switch in the control unit switched ‘OFF’. The balloting unit(s) and the control unit will be put back in their respective carrying cases. The carrying cases will then be sealed on both sides of the carrying cases with the Presiding Officer's seal on an address tag showing the particulars of the election and the polling station. The candidates or their polling agents as are present and desirous of putting their seals on the carrying cases shall be allowed to do so.

The names of the candidates/polling agents who have affixed their seals on the carrying cases of the balloting unit(s) and control unit will be noted by the Presiding Officer in the declaration which he makes at the close of the poll vide Part IV of Annexure XXVI.

59. SEALING OF ELECTION PAPERS-AFFIXATION OF SEALS THEREON BY POLLING AGENTS:

After the close of poll the Presiding Officer will also seal all the election papers in separate packets in accordance with the rules and instructions of the State Election Commission. The polling agents present at polling station are also permitted to affix their seals, in addition to the seal of the Presiding Officer, on the envelopes and packet containing the following documents -

(i) the marked copy of the electoral roll; (ii) Register of Voters; (iii) Voter’s slip. (iv) the tendered ballot papers and the list of tendered votes in Form XXII.

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(v) the unused tendered ballot papers; (vi) the list of challenged votes; (vii) the unused and damaged paper seals, if any; (viii) appointment letters of polling agents; and (ix) any other papers that the Election Officer has directed to be kept in a sealed

packet.

The polling agents are advised in the interest of their candidates to affix their seals on the above packets of election papers.

60. TRANSMISSION OF VOTING MACHINE AND ELECTION PAP ERS TO THE COLLECTION/ STORAGE CENTRE:

After the voting machine and all election papers have been sealed and secured by the Presiding Officer, he will deliver them or cause them to be delivered at the collection/storage centre.

61. ACCOMPANYING VEHICLES CARRYING VOTING MACHINES :

The polling agents are permitted to accompany the vehicle in which the voting machine and election papers are carried to the collection/storage centre. But they will have to make their own transport arrangements and will not be permitted to travel in the vehicle carrying the voting machine and election papers. 62. CUSTODY OF VOTING MACHINES

After the completion of poll in a Ward / Municipality the voting machines will be taken to the place of storage and kept in safe custody under proper guard till they are taken to the counting place. You will be informed in advance by the Election Officer about the programme and route of the collection parties that will be sent by him for the collection of the polled voting machines from the polling stations and for bringing them to place of storage. If you want, you may ask your agents to accompany those collection parties. You will, however, have to make your own arrangement for their transport as they would not be allowed to travel in the official vehicle. If you like you may also post an agent to keep watch at the place where the voting machines are kept and the agent will be allowed to affix his seal on the doors and windows of the building in which the machines are stored in addition to the seal that may be affixed by the Election Officer. In case the candidate or his election agent is not himself putting up such seals, the candidate should give full particulars of the agent who would put such seals, to enable the verification of his identity. After all the voting machines have been received and stored and the room has been locked, no one will be allowed to go in until the morning of the day fixed for counting. If during the interval, the room is to be opened for some reason, the Election Officer will inform the candidates and open the room in their presence and immediately after the purpose for which the room is opened has been served, the candidate or their representatives will be again allowed to seal on the doors and windows. A log book will also be maintained in order that a full record is available of persons entering the room, the purpose of the visit, time of entry, time of exit etc.

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63. ADJOURNED POLL:

If there is a riot or open violence at the polling station or a natural calamity like severe storm, heavy snowfall or the like or some other sufficient cause, the Presiding Officer will adjourn the poll under the provisions of sub-section(1) of Section 343 U. A passing shower of rain or strong wind would not be sufficient cause for adjournment of poll. The adjourned poll will be held on a date and at the time and place to be fixed by the Election Officer with the prior approval of the State Election Commission. The counting of the votes in the ward will not commence until the adjourned poll has been completed.

Where the poll has been adjourned at a polling station the adjourned poll will recommence from the stage at which it was left immediately before the adjournment. i.e., the electors who have not already voted before the poll was adjourned will alone be permitted to vote at the adjourned poll. The Presiding Officer of the polling station, at which such adjourned poll is taken, will be provided with the sealed packets containing (i) the marked copy of the electoral roll, and (ii) Register of Voters received earlier from the presiding officer of the polling station concerned at which the poll was adjourned, and also a new voting machine.

Before the commencement of the poll, the sealed packets containing the marked copy of the electoral roll and Register of Voters will be reopened by the Presiding Officer in the presence of the candidates or their agents who may be present at the polling station and this very marked copy for the electoral roll and Register of voters will be used for adjourned poll.

The provisions of Rules 68 to 88 of conduct of election rules will apply to the conduct of an adjourned poll as they apply to the poll before it was so adjourned.

64. FRESH POLL:

If any voting machines used at a polling station:-

(i) has been unlawfully taken away by unauthorised person; or (ii) has been accidentally or intentionally destroyed or lost or damaged or tampered

with and the Returning Officer is satisfied that the result of the poll at that polling station cannot be ascertained for that reason; or

(iii) any error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station;

The Election Officer will report the facts to the State Election Commission and the Election Authority.

After considering all the material circumstances the commission will, if necessary

(i) declare the poll at that polling station to be void; and (ii) formally fix the date and hours for fresh poll and notify it.

On receiving intimation from the Commission, the Election Officer will inform the

contesting candidates or their election agents of the date, time and place fixed for the fresh poll and affix a notice on his notice board notifying the date and hours so fixed. Also he would announce by beat of drum or otherwise in the polling area concerned the place, the date and hours so fixed.

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CHAPTER – XIII

COUNTING OF VOTES

1. INTRODUCTORY

Counting of votes is the last major step towards the culmination of the election process. It is in the correct and proper counting of votes that the true choice of the electorate finds expression and it is on the basis of such ascertainment of their true choice that their chosen representative is declared elected. Therefore, the importance of the process of counting of votes hardly needs to be emphasized.

Under the law, counting of votes is to be done by, or under the supervision and direction of, the Election Officer in the presence of the candidates and their agents. The law authorizes the Assistant Election Officer also to undertake the counting of votes.

2. DATE, PLACE AND TIME OF COUNTING

The counting of votes shall commence on the day and at the place and hour appointed in that behalf in the election notice published by the Election Officer under Rule 6 of election rules.

3. POWER OF OBSERVER WITH REGARD TO COUNTING

Under the newly inserted Section 343 ZE of AP Municipalities Act, 1965, the Observers appointed by the State Election Commission to watch the conduct of elections shall have the powers to direct the Election Officer to stop the counting of votes at any time before the declaration of result or not to declare the result, if in his opinion booth-capturing has taken place at a large number of polling stations or at the counting place or the voting machines are unlawfully taken out of the custody of the Election Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll cannot be ascertained. The election proceedings in such cases shall proceed further in accordance with such directions of the Commission as it may issue on the reports of the Observers and after taking all material circumstances into account.

4. COUNTING AT ONE PLACE

The counting for an entire Municipality will be done at one place and every effort will be made to complete the counting on the same day.

5. PERSONS ALLOWED IN COUNTING HALL Only the following persons will be allowed inside the counting hall:-

(i) counting supervisors and counting assistants; (ii) persons authorised by the Election Commission; (iii) public servants on duty in connection with the election; (iv) candidates, their election agents and counting agents.

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N.B. (1) The “public servants on duty” will not include the Police Officers, whether in uniform or without uniform (unless called for by the Election Officer for maintenance of law and order or other duty), Ministers, State Ministers and Deputy Ministers of the Union and States and the Speaker/Chairman of the Lok Sabha/Rajya Sabha/State Legislative Assemblies/Legislative Councils. (2) No security personnel accompanying, if any, a candidate or his election agent or counting agent shall be permitted to enter the counting hall.

6. NUMBER OF COUNTING AGENTS THAT MAY BE APPOINTED

Each candidate has been allowed to appoint as many counting agents as there are counting tables and one more to watch the counting at the Election Officer's table.

7. QUALIFICATION FOR COUNTING AGENTS

The law does not prescribe any specific qualifications for persons to be appointed as counting agents. However, the candidates are advised to appoint mature and major persons as their counting agents so that their interests are properly watched.

However a Minister, MP or MLA with security cover shall not be appointed as a counting agent as his personal security shall be jeopardised with such appointment, because his security personnel will not be permitted to accompany him into the counting hall.

A Government servant also cannot act as counting agent of a candidate and if he so acts, he is punishable with imprisonment for a term, which may extend to 3 months or with fine or with both. 8. APPOINTMENT OF COUNTING AGENTS

Appointment of a counting agent is to be made either by the candidate himself or by his election agent. Such appointment is made in Form X appended to the Conduct of Elections Rules, 2005 (Annexure XIX). The name and address of the counting agent will be filled in that form and the candidate or his election agent will personally sign that form. The counting agent will also sign that form in token of his acceptance of the appointment. Two copies of such forms will be prepared and signed, in all cases. One copy of that form is to be forwarded by the candidate/election agent to the Election Officer while the other copy is given to the counting agent for production before the Election Officer.

A candidate may appoint all his counting agents by a single letter of appointment in Form-X. In that case, all the counting agents are required to sign that letter of appointment in token of having accepted the appointment.

The facsimile signature of a candidate in the form of appointment is also accepted if there is no doubt about the signature.

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9. TIME LIMIT FOR MAKING APPOINTMENT OF COUNTING AG ENT

The candidates should submit the list of their counting agents with photographs of such agents to the Election Officer latest 1700 hours on the day three days before the date of counting. The Election Officer will prepare identity cards for such agents and issue the same to the candidate.

The counting agent must produce those identity cards alongwith their letter of

appointment when they come to attend the counting.

The letter of appointment along with the identity card of counting agent must be produced before the Election Officer at least one hour before the time fixed for counting votes. The Election Officer will not accept any appointment letter which is received after the aforesaid time.

10. REVOCATION OF APPOINTMENT OF COUNTING AGENT

The candidate or his election agent is authorised to revoke the appointment of a counting agent.

Such revocation of appointment contemplated under Rule 19 of Conduct of Election Rules 2005 becomes operative from the time at which it is lodged with the Election Officer. In such a case, the candidate is authorised to appoint another counting agent in place of the one whose appointment has been revoked, at any time before the commencement of counting. Once the counting has commenced no appointment of fresh counting agent can be made.

Appointment of such fresh counting agent is to be made in the same manner as explained.

11. ADMISSION OF COUNTING AGENTS TO THE COUNTING HA LL

On production of his letter of appointment and the identity card before the Election Officer, the counting agent will be required to sign before the Election Officer the declaration contained in his letter of appointment regarding maintenance of secrecy of voting. After verification of the letter of appointment, identity card and declaration, the Election Officer will permit the counting agent to enter the counting hall.

The Election Officer is empowered to subject any counting agent to search of his person before entry into the counting hall.

12. BADGES FOR COUNTING AGENTS

Each counting agent will be given a badge by the Election Officer indicating whose agent he is and showing the serial number of the table at which he will watch the counting. He should keep sitting at the table allotted to him and will not be allowed to move about all over the hall. However, the candidate, his election agent and in their absence, his counting agent at the Election Officer's table will be allowed to go around all counting tables.

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13. MAINTENANCE OF DISCIPLINE AND ORDER IN THE COUN TING HALL

Every one should cooperate with the Election Officer in maintaining discipline and order inside the counting hall. They should not leave the counting hall without the permission of the Election Officer. They should carry out all directions given by the Election Officer. They should note that the Election Officer may send out of the counting hall any person who persists in disobeying his directions.

No counting agent or any other will be allowed to go outside counting hall during counting process. In other words, when once counting agents and others are inside the counting hall, they will ordinarily not be allowed to go outside until after the declaration of result.

All the reasonable facilities such as drinking water, refreshments, toilet, etc., will be provided adjacent to the counting hall.

14. SMOKING INSIDE THE COUNTING HALL IS PROHIBITED

If any person desires to smoke, then he should go out of the counting hall (but not outside the premises of the counting centre) for that purpose, with the permission of the Election Officer and without, however causing any dislocation in the counting process. 15. SEATING ARRANGEMENT FOR COUNTING AGENTS

The counting will be done on the table arranged in rows. The tables in each row will be serially numbered.

On each counting table the control unit of the voting machine will be kept at its centre. There will be a counting supervisor and one counting assistant seated on one side. The counting agents may be seated in front of the table facing the control unit so that they can watch all operations being carried out by the counting supervisor on the control unit.

16. MAINTENANCE OF SECRECY

Every person inside the counting hall is required by law to maintain, and aid in maintaining, the secrecy of voting and should not communicate to any person any information calculated to violate such secrecy. They should note that any person contravening the provisions of law in this respect is liable to be punished with imprisonment for a term which may extend to 3 months or with fine or with both (Section 343 F of AP Municipalities Act, 1965)

Before the commencement of the counting of votes, the Returning Officer will read out and explain the provisions of the above mentioned Section 343 F for the information of all present and for compliance on their part. 17. COUNTING TO BE CONTINUOUS

The counting of votes will, as far as practicable, be proceeded with continuously till it is over.

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18. COUNTING OF POSTAL BALLOT PAPERS FIRST

The counting of postal ballot papers will be taken up first. This will be done by the Election Officer himself at the place of counting of votes.

Each postal ballot paper received from a voter will be contained in an inner cover. This cover along with the declaration of the elector in Form XI will be contained in larger cover in Form XII addressed to the Election Officer.

The Election Officer will not open any cover in Form XII containing a postal ballot paper which he may have received late, that is, after the time fixed for the commencement of counting. He will make a suitable endorsement to that effect on the cover in Form XII. The votes contained in these covers will not be counted. He will make a packet of all such covers and seal the packet.

All covers in Form XII containing postal ballot papers which were received in time by the Election Officer will be opened by him one after another. The declaration by the voter in Form XI will be found inside each cover (Form XII). Before opening any of the inner covers containing the postal ballot papers proper, the Election Officer will check the declaration (Form XI). He will reject a ballot paper without opening its inner cover in any of the following cases:

(a) if the declaration in Form XI is not found in the cover (b) if the declaration has not been duly signed by the elector or has not been duly

attested by an officer competent to do so or is otherwise substantially defective;

N.B.: It may be noted that it is not necessary under the rules that the officer attesting the declaration should affix his seal and the objection should not, therefore, be raised on this ground if the identity of the attesting officer is otherwise known from the particulars about his designation, address, etc., furnished in the form. (c) if the serial number of the ballot paper appearing on the declaration is different

from the serial number as endorsed on the cover in Form XII.

All such rejected covers will be suitably endorsed by the Election Officer, and will be replaced with the respective declaration in the larger covers. All such larger covers will be kept in a separate packet which will be sealed by the Returning Officer and full particulars such as the name of the ward, the date of counting and a brief description of the content will be noted thereon for identifying the packet.

Thereafter, the Election Officer will proceed to deal with the remaining covers other than those rejected as aforesaid. In order that there may be no risk of the secrecy of the postal votes being violated, all the declarations in Form XI which are found by the Election Officer on scrutiny to be in order will first be placed in a separate packet and sealed. Identifying particulars will be noted on the packet. It is necessary to put these declarations away in a sealed packet before any ballot papers proper are brought out of their covers, as the declarations contain the names of the voters along with the respective serial numbers of their postal ballot papers.

After the above procedure has been completed, the Election Officer will proceed to open the covers one after another and the postal ballot papers contained in them will be brought out. The Election Officer will scrutinize every such ballot paper and decide its validity.

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A postal ballot paper will be rejected:-

(a) if no vote is recorded thereon; or (b) if votes are given on it in favour of more than one candidate; or (c) if it is a spurious ballot paper; or (d) if it has been so damaged or mutilated that its identity as genuine ballot paper

cannot be established; or (e) if it is not returned in the cover sent along with it to the elector by the Returning

Officer; or (f) if the mark indicating the vote is made in such a way that it is doubtful to make

out to candidate to which the vote has been given; or (g) if it bears any mark or writing by which the voter can be identified.

There is no particular mark required by law to be made by a voter to indicate his vote on

a postal ballot paper. Any mark can be accepted as valid so long as it has been so made and so placed on the ballot paper that the intention of the voter to vote for a particular candidate is clear beyond any reasonable doubt. Thus a mark made anywhere in the space allotted to a candidate will be taken as a valid vote in favour of the candidate concerned. Again, a vote recorded on a postal ballot paper will not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once for the same candidate if the intention that the vote should be for a particular candidate clearly appears from the way the paper is marked.

The valid votes will then be counted and each candidate credited with the votes given to

him. The total number of postal votes received by each candidate so counted will be entered in the result sheet and announced for the information of the candidates/ election agents/ counting agents.

Thereafter all the valid postal ballot papers and all the rejected postal ballot papers will be separately bundled and kept together in a packet and sealed with the seal of the Election Officer and the seals of such of the candidates, their election agents or counting agents (not exceeding two in respect of any one candidate) as may desire to affix their seals thereon.

19. COUNTING OF VOTES POLLED AT POLLING STATIONS

While the postal ballot papers are being counted by the Election Officer at his table, the counting of votes recorded at polling stations by means of voting machines will also be taken up by the Assistant Election Officer(s) at the other tables provided in the counting hall. For that purpose, the control units of voting machines received from the polling stations will be distributed to the various counting tables, beginning with the control unit of voting machines of polling station No. 1 being distributed to table No. 1, the control unit of voting machine of polling station No.2 being distributed to table No.2 and so on.

At the time counting, only the control unit of the voting machine is required for ascertaining the result of poll at the polling station at which the control unit has been used. The balloting unit is not required.

Along with the control unit used at a polling station, the relevant account of votes recorded in Form XXIII pertaining to that polling station will also be supplied to the counting table.

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20. CHECKING SEALS ON CONTROL UNITS

Before the votes recorded in any control unit of a voting machine are counted, the counting agents present at the counting table shall be allowed to inspect the outer strip seal, the special tag, the paper seals and such other vital seals as may have been affixed on the carrying case and the control unit and to satisfy themselves that the seals are intact and control unit has not been tampered with. If any control unit is found to have been tampered with, the votes recorded in that machine shall not be counted and the matter shall be reported to the Commission for its directions.

21. OPENING OF CARRYING CASES OF CONTROL UNITS

As each carrying case of control unit is brought to the counting table, the seals put thereon by the Presiding Officer at the polling station will be examined. Even if the seal of a carrying case is not intact in any case, the control unit kept therein could not have been tampered with if the seals thereon and particularly the paper seals on that unit are intact. The carrying case will then be opened and the control unit taken out.

22. CHECKING OF SEALS AND IDENTITY MARKS ON THE CON TROL UNIT

As each control unit is taken out of the carrying case, its serial number will be checked so as to ensure that it is the same control unit which was supplied for use at that polling station. Then, the seal on the ‘Candidate Set Section’ which is put by the Election Officer before the supply of the machine to the polling station and the seal on the outer cover of Result Section which is put by the Presiding Officer at the polling station will be checked. Even if any of these seals is not intact the control unit could not have been tampered with, if the paper seals put on the inner cover of the Result Section are intact.

23. COMPARISON OF THE SERIAL NUMBER OF THE PAPER SEAL

On opening the outer cover of the Result Section, the inner cover sealed with the seal of the Presiding Officer will be seen. Even if this seal is also not intact, the control unit could not have been tampered with if the paper seal is intact and has not been tampered with. In the inner cover of the Result Section, there will be a green paper seal. The green paper seal will have been so fixed that the two open ends of the seal project outwards from the sides of the inner compartment in which the result buttons are located. On one such open end of the paper seal will be the printed serial number of that seal. That serial number on the paper seal will be compared with the serial number as given in the paper seal account prepared by the Presiding Officer in item 9 of Part 1 of Form XXIII (Annexure – XXX). The counting agents present at the counting table will be allowed to compare such serial number of the paper seal and satisfy themselves that the paper seal is the same which had been fixed by the Presiding Officer at the polling station before the commencement of poll.

If the serial number of the paper seal actually used in the control unit does not tally with the serial number as shown by the Presiding Officer in the paper seal account, it may be that the paper seal account contains a clerical mistake or there would be a prima-facie suspicion that the voting machine has been tampered with. The Election Officer will decide the question by checking the serial numbers of the unused paper seals returned by the Presiding Officer. If he finds it to be the case of clerical mistake, he will ignore the discrepancy.

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24. CONTROL UNITS TO BE KEPT APART IF FOUND TAMPERE D WITH

On the other hand, if the Election Officer is satisfied that the voting machine has been tampered with, or is not the same which was supplied for use at that polling station, the machine will be kept apart and the votes recorded therein shall not be counted. He will report the matter to the Commission for its directions. It is not necessary to adjourn the entire counting if any voting machine has been found to have been tampered with. The Election Officer will proceed with the counting in respect of the other polling stations.

25. ASCERTAINING THE RESULT

After satisfying that the paper seal is intact that the control unit is the same as was supplied at the polling station and that there is no tampering with the same, the votes recorded therein shall be counted. For this purpose, the following procedure will be followed by the counting supervisor:-

(i) Power switch provided in the rear compartment of the control unit will be put to ‘ON’ position. The ‘ON’ lamp in the .Display Section. of the control unit will then glow green.

(ii) The paper seal over the ‘Result I’ button provided beneath the upper aperture of the inner cover of Result Section will be pierced through.

(iii) The ‘Result I’ button will then be pressed.

(iv) At the ‘Result I’ button being so pressed, the total number of votes recorded for each candidate at the polling station shall be displayed automatically in the Display Panels of the control unit. Suppose, there are nine contesting candidates and the total number of votes polled at the polling station is 758, the votes secured by each candidate will be displayed in the Display Panels in the following sequence:

E.C.I.L. Machines

cd 9

to 758

01 109

02 59

03 77

04 263

05 38

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(This is only an example)

(v) The above result as displayed sequentially candidate-wise shall be noted by the counting supervisor in Part II-Result of Counting of Form XXIII.

If required, the ‘Result I’ button can be pressed again to enable the candidates and/or their agents to note down the above result.

After the result has been noted, the cover of Result Section will be closed and the control unit switched off.

26. COMPLETION OF ‘PART II-RESULT OF COUNTING’ OF F ORM XXIII

As the votes secured by each candidate are displayed on the Display Panels of the control unit, the counting supervisor shall, as mentioned above, record the number of such votes separately in respect of each candidate in ‘Part II - Result of Counting’ of Form XXIII (Annexure-XXX). He shall also note down in the said Part II of Form XXIII whether the total number of votes as shown in that part tallies with the total number of votes shown against Item 5 of Part 1 of that Form or any discrepancy has been noticed between these two totals. After completing that Form in all respects, the counting supervisor shall sign it. He shall also get it signed by the candidates or their agents present at the counting table.

27. A SAMPLE OF FORM XXIII IS GIVEN AT ANNEXURE XXX .

After the counting supervisor has duly filled in Part II of Form XXIII (Annexure-XXX), signed it and got it signed by the candidates or their agents, he shall handover that Form to the Election Officer. The Election Officer shall countersign the form after satisfying himself that the same has been properly filled and completed in all respects. The Form so countersigned by the Election Officer shall be sent to the officer who is compiling the results and preparing the return showing the results in Form XX (Annexure XXXI).

06 2

07 51

08 94

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END

09

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28. PREPARATION OF RETURN SHOWING THE RESULTS OF THE ELECTION

The officer in-charge of compiling the final result and preparing the return showing the results of election shall make entries in that Form showing the votes polled by each candidate polling station-wise, strictly in accordance with the entries made in Part II ‘Result of Counting’ of Form XXIII (Annexure-XXX) in respect of each polling station. The number of tendered votes polled, if any, at a polling station shall also be noted in the appropriate column in Form against the polling station concerned.

The entries so made in Form in respect of each polling station shall be announced so that the candidates and their agents may take note of the result of counting in respect of each polling station. Alternatively, the Election Officer may cause the entries made in the Form to be written on a blackboard. This will enable the counting agent to proceed uninterruptedly with the counting of votes at other polling stations.

29. RECOUNT

Normally, there will be no question of recount of votes recorded in the voting machines. Every vote recorded by the voting machines is a valid vote and no dispute will arise as to its validity or otherwise. At the most, some candidates or their agents may not have noted down properly the result of voting at any particular polling station when the control unit displayed that information. If necessity arises for re-verification, the same can be done by pressing the ‘Result I Button’ whereupon the result of voting at that polling station will again be displayed in the Display Panels of that control unit.

Despite the necessity for recount being totally eliminated by the use of voting machines, the provisions relating to recount contained in rule 57 of the Conduct of Elections Rules, 2005 still apply.

Accordingly, after the entire counting is over, the Election Officer will announce the result giving the total number of votes polled by each candidate as recorded in the Final Result Sheet. After the announcement is made, a candidate, or in his absence his election agent or any of his counting agents, may apply in writing for a recount of votes at all or any of polling stations stating the grounds on which he demands such recount.

(1) On such an application being made, the Election Officer shall decide the matter and may allow the application in whole or in part or may reject in toto if it appears to him to be frivolous or unreasonable.

(2) Every decision of Election Officer under sub-rule (2) shall be in writing and contain the reasons therefor.

(3) If the Election Officer decides under sub-rule (2) to allow a recount of votes either wholly or in part he shall,- (a) arrange for recounting of votes in accordance with rule 55; (b) amend the result sheet in Form XX (Part-I) (Annexure-XXXI) to the extent

necessary after such recount. (c) announce the amendments so made by him.

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(4) After the total number of votes polled by each candidate has been announced under sub-rule (4), the Election Officer shall complete and sign the result sheet in Form XX (Part-I) and no application for further or second recounting shall be entertained thereafter.

(5) Any candidate or his agent shall on application be permitted to take a copy of an extract from the result sheet in Form XX (Part-I).

It should be noted that a candidate or his election agent or any of his counting agents has

no right to demand a recount after the Election Officer has completed and signed the result sheet. Any demand for a recount of votes made after the result sheet has been completed and signed will be rejected. 30. ADJOURNMENT OF COUNTING IN CASE OF FRESH POLL

Before taking any of the steps mentioned in the foregoing para, the Election Officer will wait for the direction of the State Election Commission if he has made any report to it about any voting machine having been found tampered with where the Commission directs a fresh poll to be taken at the affected polling stations the counting will be adjourned after the counting process in respect of all other polling stations has been completed. In such case all the voting machines and also all other papers relating to elections will be sealed by the Election Officer. Every candidate or his agent, if he desires to place his seal on every voting machine and packet etc., in which the election papers are kept, will be allowed to do so. The counting so adjourned shall be recommenced after the fresh poll has been held, on such date and hour as the Election Officer may fix in this behalf and completed in accordance with the procedure prescribed above. 31. RESEALING OF VOTING MACHINES AFTER COUNTING

After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in ‘Part II’ “Result of Counting” of Form XXIII (Annexure-XXX) and in the Final Result Sheet, the control unit shall be resealed with the seal of the Election Officer and the secret seal of the Commission.

The resealing will be done in such a manner that the result of voting recorded in the control unit is not cleared obliterated and the unit retains the memory of such result.

The aforesaid resealing of control units shall be done in the following manner: (i) The battery from the 'Candidate Set Section' of the control unit shall be removed.

After the removal of the battery, the cover of the 'Candidate Set Section' shall be resealed.

N.B. Removal of the battery is necessary so that it does not bloat with the passage of time and damage the machine. Removal of the battery will not, however, obliterate the result of voting recorded in the unit, as the unit will retain its memory even without the battery.

(ii) The outer cover of the Result Section shall be closed and resealed.

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(iii) The control unit so resealed shall be kept back in its carrying case. (iv) The carrying case shall be resealed. (v) An address tag shall be firmly attached to the handle of the carrying case

containing the particulars of the election, name of the constituency, the particulars of polling station where the control unit was used, serial number of the control unit, date of poll, and date of counting.

The candidates/their election agents or counting agents are also permitted to affix their

seals on the voting machines, if they so desire. The candidates are advised in their interest to ensure that they affix their seals on these machines. It will satisfy the candidates that there is no possibility of the votes recorded therein being tampered with. Where, however, the candidate himself or his election agent has affixed such seal, the counting agents need not affix their separate seals. 32. EQUALITY OF VOTES If two or more candidates contesting for any seat happen to secure the highest number of votes and their votes are equal in number, the result will be decided by lot.

Example:. If in a ward A, B, C and D are the contesting candidates and the total number of votes they have secured is as follows-

A 12,703

B 17,567

C 17,567

D 16,394

A lot will be draw between B and C, who have each polled the highest number of votes (which are equal) and the person whose name is drawn will be declared elected. 33. DECLARATION OF RESULT OF ELECTION After the counting is complete in all respects and the Election Officer has completed and signed the Final Result, he will proceed to formally declare the result of election, if there are no directions of the Commission to the contrary. He will make the declaration of result in Part II of Form XX (Annexure-XXXI).

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CHAPTER – XIV

ACCOUNT OF ELECTION EXPENSES

I. Statutory provisions:

Section 343 ZB, 343 ZC & 343 ZD of A.P. Municipalities Act, 1965 and Rule 67 of AP Municipalities (Conduct of Elections of Members) Rules 2005, deal with matters relating to maintenance, scrutiny, fixing ceiling limits and filing of election expenditure incurred by contesting candidates in election to Member of Municipality/Nagar Panchayat. There is a penal provision in Section 15 B in the said Act for failure to lodge election expenditure accounts within the stipulated time and in the manner required by or under the said Act. The above provisions are reproduced below for ready reference. Application of Chapter (Section 343 ZB) :- This Chapter shall apply to candidates of any election held under this Act. Account of election expenses (Section 343 ZC) :- (1) Every candidate, at any election held under this Act shall, either by himself, or by his election agent, keep a separate and correct account of all expenditure incurred in connection with the election, between the date on which the candidate concerned has been nominated, and the date of declaration of the result of the election, both dates inclusive (hereinafter in this chapter referred to as ‘election expenses’). Explanation – 1: Election Expenses’ for purpose of this Act shall mean all expenses in connection with the election,-

(a) incurred, or authorised by the contesting candidate, or by his election agent; (b) incurred by any association, or body of persons, or by any individual (other than the

candidate or his election agent), aimed at promoting or procuring the election of the candidate concerned; and

(c) incurred by any political party, by which the candidates is set up, so as to promote or procure his election:

Provided that any expenses incurred by any political party as part of its general propaganda, (which is distinguishable from its election campaign, for the promotion or procuring the election of a particular candidate), by words, either written or spoken, or by signs or visible representations, or by audiovisual devises, or through print or electronic media or otherwise, shall not constitute ‘election expenses’ for purpose of this Act.

Explanation – II:- (1) For the removal of doubts, it is hereby declared that any expenses incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (9) of section 17 A in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenses in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this sub-section.

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(2) The account of election expenses shall contain such particulars, as may by order, be specified by the State Election Commission

(3) The total of the said expenses shall not exceed such amount, as may be order, be specified by the State Election Commission.

Lodging of account with the District Election Authority (Section 343 ZD) :- Every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Election Authority, an account of his election expenses, which shall be a true copy of the account kept by him, or by his election agent, under Section 343 ZC.

Disqualification for failure to lodge account of election (Section 15B) :- If the State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time limit prescribed and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him.

(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act, and

(ii) to have ceased to hold office, in case he is elected.”, Rule 67. Maximum election expenses:

(1) No expenses, exceeding such amount, as may be specified by the State Election Commission, by notification, from time to time, shall be incurred or authorized to be incurred by a contesting candidate or his election agent, if any, or on account of or in connection with the conduct and management of the election to the office of member of a ward.

(2) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct day to day account of all expenditure in connection with the election, incurred or authorized to be incurred by him, or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.

(3) It shall be competent for the State Election Commission to issue such instructions, as they may deem necessary for the purpose of carrying out the provisions of sub-rules (1) and (2) thereof.

2. Instructions issued by the State Election Commission:

Under Rule 67 (1) of the said rules, the State Election Commission issued instructions on maintenance and scrutiny of accounts of election expenditure and also prescribed formats in which the day-to-day expenditure and periodical abstract of election expenditure shall be maintained by the candidates in its Order No.537/SEC F1/2011, dated 01-07-2011 (copy thereof is enclosed as Annexure - XXXII).

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3. Officers designated for inspection:

The State Election Commission has also designated officers for inspection and scrutiny of day to day election expenditure and periodical expenditure maintained by the candidates during campaign period in its Order No.537/SEC-F1/2011, dt.01-07-2011 (Annexure – XXXII). The expenditure accounts maintained by the contesting candidates for the office of member in the proformae prescribed can be inspected and scrutinized by the Election Officer. As per the provision of Section 343 ZE of the APM Act, 1965, the State Election Commission also appoints Election Observers during ordinary elections who are also authorized to inspect the election expenditure accounts maintained by the candidates contesting for the said offices.

4. Making election expenditure a public document:

The State Election Commission also issued orders in the Order No.537/SEC-F1/2011, dated.01-07-2011 (Annexure – XXXII) that the daily returns and periodical returns of the expenditure should be made transparent by making them available to the public and other contesting candidates. The Election Officer shall make available photo copies of the returns to other candidates, any member of the public or Non-Governmental Organizations on demand and on payment of xeroxing charges or a certified copy as per section 76 of Indian Evidence Act, 1872 and to the media, free of cost, so as to enable them to assist the State Election Commission in effectively implementing the ceiling imposed on election expenditure to be incurred by the contesting candidates.

5. Ceiling limits on election expenditure:

The State Election Commission by notification specifies the ceiling limits on election expenditure that can be incurred by contesting candidates in election to the office Member of Municipality. You shall obtain a copy of the notification from the election authority.

6. Furnishing copies of the notifications, orders issued by the State Election Commission to the candidates:

The Election Officer shall furnish a copy of the following documents to all the contesting candidates.

1. Notification issued by the State Election Commission fixing ceiling on election expenditure.

2. Orders issued by the State Election Commission on maintenance, scrutiny and inspection of election expenditure accounts by the candidates in the prescribed proforma.

7. Final return of election expenses:

As per the provision of Section 343 ZD of APM Act, 1965 the final return of election expenses shall be lodged with the District Election Authority in respect of a candidate who has contested election within 45 days from the date of publication of results. Such return of election expenses shall be signed by the candidate and his election agent, if any, appointed.

Failure to lodge election expenditure accounts as aforesaid will make you liable for penal action contemplated in Section 15B of APM Act, 1965.

All contested candidates shall scrupulously follow the provisions of the Act and Rules issued there under and instructions issued by the State Election Commission on matters relating to accounts of election expenditure incurred by candidates to curb the role of money power and to ensure free and fair elections.

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ANNEXURE – I

EXTRACT OF RELEVANT PROVISIONS OF SECTIONS 12, 13, 13A, 13B,

14, 15, 15A, 15B, 16, 17, 20, 21, 21A, 22, 28E, 343A, 343B, 343C, 343D, 343E, 343F, 343G,

343H, 343I, 343J, 343K, 343L, 343M, 343N, 343O, 343P, 343Q, 343R, 343S, 343T, 343ZA,

343ZB, 343ZC, 343ZD & 343ZE OF APM ACT 1965.

12. Voter Identity Cards:- With a view to preventing personation of electors, provision may be made by rules made under this Act, for the production before the Presiding Officer or Polling Officer of a Polling Station by every such elector, of his identity card before the delivery of a ballot paper or ballot papers to him, if under the rules made in that behalf under the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950 (Central Act 43 of 1950), electors of the Legislative Assembly Constituency or Constituencies in which the Municipality is situated, have been supplied with identity cards with or without their respective photographs attached thereto. 13. Qualification of candidates:- A person shall be qualified for election as a member only if his name appears on the electoral roll for the municipality and if he is not less than twenty one years of age. 13-A. General Disqualification:- A person shall be disqualified for being chosen as, or for being a member of a Municipality if he is disqualified by or under any law for the time being in force for the purpose of elections to the legislature of the State concerned: 13-B. Persons having more than two children to be disqualified:- A person having more than two children shall disqualified for election or for continuing as member: Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 (hereinafter in this section referred to as the date of such commencement) of an additional child shall not be taken into consideration for the purposes of this section; Provided further that a person having more than two children (including the child if any born within one year from the date of such commencement shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase; Provided also that the Government may direct that the disqualification in this section shall not apply in respect of person for reason to be recorded in writing. 14. Disqualification for election or for holding office as a member:- A person holding an office of profit under a Municipality, the Central Government or the State Government shall be disqualified for election or for holding office as member: Provided that a person shall not be deemed to hold an office of profit under Municipality by reason only, that he is a chairperson or member of a Municipality in the State;

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Provided further that a village officer who is not actually performing the functions or discharging the duties as such officer shall not be so disqualified. 15. Other disqualifications of candidates:-

(1) A person who has been sentenced by a Criminal court – (a) to imprisonment for an offence under the Untouchability (Offences) Act,

1955; (Central Act 22 of 1955). (b) for any offence other than an offence of political character or any offence

not involving moral delinquency, such sentence not having been suspended, reversed or the offence pardoned.

Shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration thereof.

(2) A person shall be disqualified for election as a member if such person is, on the date fixed for scrutiny of nomination for election – (a) of unsound mind and stands so declared by a competent Court, a

deaf-mute or suffering from leprosy; (b) an applicant to be adjudicated an insolvent nor undischarged insolvent; (c) interested in a subsisting lease or contract entered into with or any work

being done for, the council except as a share-holder, other than a director, in a company:

Provided that a person shall not be deemed to have any interest in such contract or work

by reason only of his having a share or interest in –

(i) any sale or purchase of immovable property or any agreement for the same; or

(ii) any public loan raised by municipality or any security for the payment of money only; or

(iii) any newspaper in which any advertisement relating tot he affairs of the council is inserted; or

(iv) the sale to the council of any articles in which he regularly trades, or the purchase from the council of any articles to a value in either case not exceeding five hundred rupees in the aggregate in any year during the period of the contract of work;

(v) the occasional letting out on hire to the municipality or hiring from the municipality of any article for an amount not exceeding in aggregate in any one year five hundred rupees;

(d) employed as a paid legal practitioner on behalf of the council or as a legal practitioner against the council;

(e) an honorary magistrate for the municipal town; (f) already a member whose term of office a such will not expire before his fresh

election can take effect, or has already been elected a member whose term of office has not yet commenced.

Explanation:- Nothing in this clause, shall be constructed as disqualifying a sitting member of a municipality for re-election as member to that municipality;

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(g) the employee or employer or the official subordinate or official superior of a

member holding office on the said date; (h) in arrears of any kind due by him otherwise than in a fiduciary capacity to the

municipality upto and inclusive of the previous year in respect of which a inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time if any specified therein for payment, has expired; or

(i) dismissed from service of the Central Government, the State Government, any municipality or any local authority for misconduct.

15- A Disqualification on ground of corrupt practice or election offence:- Any person who is convicted of any offence punishable under Chapter IX A of the Indian Penal Code 1860 (Central Act 45 to 1860), or any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed under this Act or any person convicted of an offence punishable under Chapter III of Part VI of this Act, shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.

15 – B. Disqualification for failure to lodge account of election:- If the State Election Commission is satisfied that a person, -

(a) has failed to lodge an account of election expenses within the time limit prescribed and in the manner required by or under this Act, and (b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him, -

(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and

(ii) to have ceased to hold office, in case he is elected.

16. Disqualification of members:- (1) Subject to the provisions of Section 17, a member shall cease hold his office, if he -

(a) is sentenced by a Criminal Court to such punishment and for such offence

as is described in sub-section (1) of Section 15;

(aa) is elected to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes, and subsequently the community certificate, on the basis of which he is elected is cancelled, under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993 (Act 16 of 1993);

(b) become of unsound mind and stands so declared by a competent Court; (c) is a deaf-mute or is suffering from leprosy; (d) applies to be adjudicated or is adjudicated an insolvent; (e) subject to the proviso to Clause (c) of sub-section (2) of Section 15,

acquires any interest in any subsisting contract made with, or work being done for, the council except as a share-holder, other than a director, in a company;

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(f) is employed as a paid legal practitioner on behalf of the council or legal practitioner against the council;

(g) is appointed as an officer or servant under this Act or as an honorary Magistrate for the municipal town;

(h) accepts employment under or becomes the official subordinate of any other member;

(i) ceases to reside for a period of more than six months in the municipality or within two kilometers from the outer limits therefrom;

(j) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the municipality within three months after a bill or notice has been served upon him under this Act, or where, in the case of any arrears, this Act does not require the service of any bill or notice, within three months after a notice requiring payment of the arrears, which notice is shall be the duty of the Commissioner to serve at the earliest possible date, has been duly served upon him by the Commissioner;

(k) absents himself from the meetings of the council for a period of three consecutive months reckoned from the date of commencement of his term of office, or of the last meeting which he attended, or if his restoration to office as member under sub-section (3) as the case may be, or if within the said period less than three ordinary meetings have been held absents himself from three consecutive ordinary meetings held after the said date.

Provided that in the case of a woman member a period of not more than two months at a time shall be excluded in reckoning the period of absence aforesaid if, for reasons of physical disability due to advanced stage of pregnancy and of delivery, such member absents herself from meetings of the council after giving a written intimation to the Commissioner of the date from which she would be absent;

Provided further that no meeting from which a member absented himself shall be counted against him under this clause if notice of that meeting was not duly served on him;

Provided also that nothing in this clause shall apply to an ex-officio member:

Explanation:- For the purpose of this clause.-

(i) ‘Ordinary meeting’ shall mean a meeting referred to in sub-rule (1) of Rule 2 in Schedule I.

(ii) Where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.

(2) Where a person ceases to be a member under Clause (a) of sub–section (1) or under Section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration if and when the sentence or order is annulled on appeal or revision and any person elected to fill the vacancy in the interim shall on such restoration, vacate office.

(3) Where a person ceases to be a member under Clause (k) of sub-section (1), the Commissioner shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation; the

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council may at the meeting next after the receipt of such application, or suomotu restore him to the office of member; Provided that a member shall not be so restored more than thrice during his term of office. 17. District Judge to decide questions of disqualifications of members:-

(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a member has not qualified or has become disqualified under Section 13, Section 13-A, Section 13-B, Section 14, Section 15, Section 16 or Section 19 and the Commissioner has given intimation of such allegation to the member and such member disputes the correctness of the allegation so made or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections.

(a) such member or any other member may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and

(b) the Commissioner shall, either on the direction of the Council or with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the Council, apply for a decision to the District Judge of the district in which the municipality is situated.

(2) The said Judge, after making such inquiry as he deems necessary, shall determine whether or not such person disqualified and his decision shall be final.

(3) Pending such decision, the member shall be entitled to act, as if he was not disqualified.

20. Term of office of members and filling of seats:- (1) (a) The term of office of elected members shall, save as otherwise expressly provided in this Act, be five years from the date appointed by the election authority for the first meeting of the Council;

(b) An ex-officio member shall hold office so long as he continues to be the member of the Legislative Assembly of the State or as the case may be, of the House of People.

(2) Ordinary vacancies in the office of the members shall be filled at ordinary elections

which shall be completed before the expiry of the term of office of the members.

(3) A member elected at an ordinary election held after the occurrence of a vacancy shall enter upon office forthwith but shall hold office only as long as he would have been entitled to hold office if he had been elected before the occurrence of the vacancy.

(5) A member elected at an ordinary election hereafter the occurrence of a vacancy shall enter upon office forthwith but shall hold office only so long as he would have been entitled to hold office if he has been elected before the occurrence of the vacancy.

21. Casual vacancies of members:- (1) Every casual vacancy in the office of an elected member of a Municipality shall be reported by the Commissioner to the State Election Commission within fifteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.

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(2) A member elected in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

(3) No casual election shall be held to a Municipality within six months before the date on

which the term of office of its members expires by efflux of time.

21-A. Postponement of casual elections to the office of members and Chairperson:- Notwithstanding anything in this Act, or the rules made thereunder, it shall be lawful for the State Election Commission, to postpone, from time to time by general or special order, and for reasons specified therein, any election to fill a casual vacancy in the office of a Chairperson or a member of a municipality:

Provided that the total period of such postponement shall in no case exceed one year.

22. Procedure when no member is elected:- (1) if at an ordinary or causal election held under Section 20 or Section 21, no member is elected, a fresh election shall be held on such day as the election authority may fix. (2) The term of office of a member elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or causal election, as the case may be.

“28 E – Voting Machines at elections – Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards as the State Election Commission may, having regard to the circumstances of each case, specify.

Explanation- For the purpose of this section, “voting machine” means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.”

343 A. Corrupt Practices. The following shall be deemed to be corrupt practices for the purposes of this Act-

(1) Bribery, that is to say,-

(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object directly or indirectly of inducing,-

(a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as a reward to- (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting;

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(B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,-

(a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate, or (b) by any person whomsoever for himself or any other person for voting or refraining

from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.

Explanation:- For the purposes of this clause the term 'gratification' is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of any election and duly entered in the account of election expenses.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent or of any other person with the consent of the candidate or his election agent with the free exercise of any electoral right:

Provided that-

(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein, who-

(i) threatens any candidate or any elector or any person in whom a candidate, or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols, or the use of, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:

Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.

(4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate, or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of pre-judicially affecting the election of any candidate.

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(5) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for pre-judicially affecting the election of any candidate.

Explanation- For the purpose of this clause, “sati” and “glorification” in relation of sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act,1987. (Central Act 3 of 1988)

(6) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false, or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(7) The hiring or procuring whether, on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector other than that the candidate himself, the members of his family or his agent to or from any polling station:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation:- In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(8) The incurring or authorizing of expenses in contravention of Section 343 ZC.

(9) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the State or Central Government, Local Authority or a Corporation owned or controlled by the State or Central Government:

Provided that where any person, in the service of the State or Central Government or a Local Authority or a Corporation owned or controlled by the State or Central Government in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.

(10) Booth capturing by candidate or his agent or other person.

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Explanation:- (1) In this section the expression 'agent' includes an election agent, a polling agent, and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.

(2) For the purposes of Clause (9) a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent of that candidate.

(3) For the purposes of Clause (9), notwithstanding anything contained in any other law, the publication in the Andhra Pradesh Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government shall be conclusive proof-

(i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and

(ii) where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.

343 B. Promoting enmity between classes in connection with election. Any person who, in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings or enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees.

343 C. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.- (1) No person shall-

(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or

(b) display to the public any election matter by means of cinematography , television or other similar apparatus; or

(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) any person who contravenes the provision of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

(3) In this section, the expression “election matter” means any matter intended or calculated to influence or affect the result of election.

343 D. Disturbance at election meetings. (1) Any person who at a public meeting to which this section applies acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.

(2) An offence punishable under sub-section (1) shall be cognizable.

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(3) This section applies to any public meeting of a political character held in any Municipality/Nagar Panchayat between the date of the issue of notification under this Act calling upon the voters to elect a ward member or members or Chairperson and the date on which such election is held.

(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1) he may, if requested to do by the Chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

343 E. Restrictions on the printing of pamphlets, posters etc. (1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pamphlet or poster :-

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and

(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document-

(i) where it is printed in the capital of the State, to the Election Authority, and

(ii) in any other case, to the District Magistrate of the district in which it is printed.

(3) For the purpose of this Section,-

(a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and

(b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.

343 F. Maintenance of secrecy of voting. (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to three months or with fine or with both.

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343 G. Officers etc., at elections not to act for candidates or to influence voting:- (1) No person who is a District Election Authority or an Election Officer or an Assistant Election Officer, or a Presiding Officer or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavour,-

(a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of subsection (1) or sub-section (2) shall

be punishable with imprisonment, which may extend to six months, or with fine or with both.

343 H. Prohibition of canvassing in or near polling stations. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely,-

(a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or signs (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall be punished with

fine which may extend to two hundred and fifty rupees.

343 I. Penalty for disorderly conduct in or near polling stations. (1) No person shall, on the date or dates on which a poll is taken at any polling station,-

(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or

(b) shout, or otherwise act in a disorderly manner within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or willfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps, and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

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343 J. Penalty for misconduct at the polling station. (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having opportunity of voting at that station.

(3) If any person who has been so removed from polling station re-enters the polling station, without the permission of the presiding officer he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

343 K. Penalty for failure to observe procedure for voting: If an elector, to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.

343 L. Penalty for illegal hiring or procuring of conveyance at elections:- If any person is guilty of any such corrupt practice as is specified in clause (7) of Section 343 A at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.

343 M. Breaches of official duty in connection with elections. (1) If any person to whom, this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine, which may extend to five hundred rupees.

(2) An offence punishable under sub-section (1) shall be cognizable.

(3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(4) The persons to whom this section applies are the District Election Officers, election officers, assistant election officers, polling officers, and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression "official duty" shall for the purposes of this section be construed accordingly but shall not include duties imposed otherwise than by or under this Act.

343 N. Penalty for Government Servants etc. for acting as election agent, polling agent or counting agent:- If any person in the service of the State or Central Government or a Local Authority or a Corporation owned or controlled by the State or Central Government acts as an election agent of a candidate at an election he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

343 O. Prohibition of going armed to or near a polling station.- (1) No person other than the Returning Officer, any Police Officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (Central Act 54 of 1959), of any kind within the neighbourhood of a polling station.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable

with imprisonment for a term which may extend to two years, or with fine, or with both.

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(3) An offence punishable under sub-section (2) shall be cognizable.

343 P. Removal of ballot papers or ballot boxes from polling stations to be an offence:- (1) Any person who, at any election, unauthorizedly takes or attempts to take a ballot paper or ballot box out of polling station, or willfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend upto five thousand rupees.

(2) If the presiding officer of a polling station has reason to believe that any person is

committing or has committed an offence, punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and such person may cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched the search shall be

made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe

custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

343 Q. Offence of booth capturing:- (1) Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.

Explanation.- For the purposes of this sub-section and section 343 ZE “booth capturing” includes, among other things, all or any of the following activities, namely-

(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;

(b) taking possession of polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;

(c) coercing or intimidating or threatening directly or indirectly threatening any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;

(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;

(e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

(2) An offence punishable under sub-section (1) shall be cognizable.

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343 R. Liquor not to be sold given or distributed on polling day.- (1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed. 343 S. Other offences and penalties thereunder. (1) A person shall be guilty of an electoral offence if at any election he,-

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces or destroys or removes any list, notice or other documents affixed by or under the authority of a election officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall,-

(a) if he is an election officer or an assistant election officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

(3) For the purposes of this section a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.

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343 T. Penalty for offences not otherwise provided for. Whoever does any act in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or passed, thereunder and not otherwise provided for in this Act shall, on conviction be punished with imprisonment which may extend to two years or with fine which may extend to two thousand rupees or with both.

343 ZA. Election petitions. No election held under this Act shall be called in question except by an election petition presented in accordance with such rules as may be made in this behalf and to such authority as may be specified in such rules. 343 ZB. Application of Chapter. This chapter shall apply to candidates of any election held under this Act.

343 ZC. Account of election expenses. (1) Every candidate, at any election held under this Act shall, either by himself, or by his election agent, keep a separate and correct account of all expenditure incurred in connection with the election, between the date on which the candidate concerned has been nominated, and the date of declaration of the result of the election, both dates inclusive (hereinafter in this chapter referred to as ‘election expenses’). Explanation-I. ‘Election expenses’ for purpose of this Act shall mean all expenses in connection with the election,-

(a) incurred, or authorized by the contesting candidate, or by his election agent;

(b) incurred by any association, or body of persons, or by any individual (other than the candidate or his election agent), aimed at promoting or procuring the election of the candidate concerned; and

(c) incurred by any political party, by which the candidate is set up, so as to promote or procure his election:

Provided that any expenses incurred by any political party as part of its general

propaganda, (which is distinguishable from its election campaign, for the promotion or procuring the election of a particular candidate), by words, either written or spoken, or by signs or visible representations, or by audio-visual devises, or through print or electronic media or otherwise, shall not constitute ‘election expenses’ for purposes of this Act.

Explanation-II:- (1) For the removal of doubts, it is hereby declared that any expenses

incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (9) of section 343 A in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenses in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this sub-section.

(2) The account of election expenses shall contain such particulars, as may by order, be specified by the State Election Commission.

(3) The total of the said expenses shall not exceed such amount, as may by order, be specified by the State Election Commission.

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343 ZD. Lodging of account with the District Election Authority. Every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Election Authority, an account of his election expenses, which shall be a true copy of the account kept by him, or by his election agent, under section 343 ZC”;

343-ZE. Appointment of Observers.- (1) The State Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections in a ward or a group of wards or for a Municipality or a group of Municipalities and to perform such other functions as may be entrusted to him by the Commission in relation thereto.

(2) The Observer nominated under sub-section (1) shall have the power to direct the Election Officer for the or for any of the wards for which he has been nominated, to stop the counting of votes at any time before the declaration of the result, or not to declare the result, if in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at counting centres or any ballot papers used at a polling station are unlawfully taken out of the custody of the Election Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained.

(3) Where an Observer has directed the Election Officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Commission and thereupon the Commission shall, after taking all material circumstances into account, issue appropriate directions under Section 343 W or Section 343 X in the matter of declaration of results.

(4) It shall be competent for the State Election Commission to appoint an Election Expenditure Observer for a group of wards or for a Municipality or group of Municipalities so as to ensure that the provisions of Chapter V are strictly adhered to and in that behalf the Commission may issue such instructions as it deems fit, from time to time, to such Observers.

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ANNEXURE – II

FORM - I

Nomination Paper to be filled by the Candidate

[See Rule 8(1)] Part - I

Election to the ……………………… Municipality.

Nomination for election as Member from Ward No. & Name……………..…….……………………

1. Full Name of the Candidate:

(in block letters)

2. Serial Number of the candidate in the electoral roll:

3. Father’s or Husband’s Name:

4. Age:

5. Sex: 6. Occupation and address:

7. Community: ST/SC/BC/OC:

8. Full name of the proposer:

9. Sl. No. of the Proposer in the electoral roll:

10. Signature of the Proposer:

PART - II

(to be filled by the candidate)

I declare that I am willing to stand for Election as Ward Member from the ward

………….. of Municipality on the Symbol of ……………….Party/Free Symbol allotted by

the Election Officer as per the directions of the State Election Commission.

I further declare that the code of conduct prescribed by the State Election

Commission has been read by me / read over to me and I will abide by the conditions

stipulated therein.

Date: Signature of Candidate.

(To be filled by the Election Officer)

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Serial No. of the Nomination Paper:

This nomination paper was delivered to me at my office at ……….. (hours) on

……… (date) by the candidate / proposer.

Election Officer or Authorised Person

Note:- In respect of Municipalities for which the office of the member is reserved for

S.Ts / S.Cs/ B.Cs, the certificate prescribed in Rule 8(8) shall be enclosed.

Decision of Election Officer accepting or rejecting the Nomination Paper

I have examined this nomination paper in accordance with Rule 12 of the Andhra

Pradesh Municipalities (Conduct of Election of members) Rules, 2005 and decided as

follows:-

Accepted / Rejected

Date: Election Officer

………………………………………………………………………………………………………

Receipt for nomination paper and notice of scrutiny

(To be handed over to the person presenting the Nomination Paper)

Serial Number of Nomination Paper………………………….. The Nomination Paper of …………………….. a candidate for election as member

from Ward No. …………….. Ward in …………. Municipality was delivered to me at my office …………….. (hours) on ……………………….. (date) by the candidate / proposer. All the Nomination Papers will be taken up for scrutiny at …………….. (hours) on …………………. (date) ……………………..Place. Date: Election Officer or

Other Authorised person

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ANNEXURE – III

FORM – I A

DECLARATION AS TO CHOICE OF SYMBOLS

(Election to the office of Member……………ward………………….M unicipality / Nagar Panchayat).

(i) I am set up at this election as a candidate for this office

by……………………………….. Party, which is a recognized political party / State party

in the State of Andhra Pradesh or in other States / registered political party with a

reserved symbol.

OR

(ii) I am set up at this election as a candidate for this office by the

…………………………….. Party which is a registered political party without a reserved

symbol / that I am contesting the election as an Independent candidate (strike out which

is not appropriate) and that the symbols I have chosen, in order of preference are:-

1.

2.

3.

Date:- Signature of Candidate

Name:

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ANNEXURE - IV

FORM - II

[See Rule 8 (8) ]

Declaration in the case of Scheduled Tribe / Scheduled Caste / Backward Class Candidate

I hereby declare that I am a member of the …………………………… Scheduled Tribe /

Caste / Backward Class in Andhra Pradesh in relation to Tribe / Caste / Backward Class in

Andhra Pradesh in relation to ………………………….. District or area in the State.

Date: Signature of Candidate

The above declaration is solemnly affirmed before me by …………………….. who is

personally known to me / who has been identified to my satisfaction by …………………………

Signature of an Officer of the Revenue

Department not below the rank of Deputy Tahsildar

Full Designation:

(Seal of the Office) Date:

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ANNEXURE – V

Elections / Most Immediate

STATE ELECTION COMMISSION

3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003

O R D E R

No.588/SEC-F1/2011 Date:20-12-2011

Sub: SEC – Elections to local bodies – Disclosure of information relating to Criminal Antecedents, Assets and Liabilities and Educational Qualifications along with Nomination paper by the candidates contesting Local Body elections – Revised format and reiteration of instructions – Issued.

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(1) The State Election Commission vide its order No.809/SEC-B1/2003, dt.06-09-2003 and No.809/SEC-B1/2003-8, dt.20-10-2003 made it mandatory to the contesting candidates in local body election to disclose information relating to their criminal antecedents, assets and liabilities and educational qualifications along with their nomination paper and prescribed formats in which information shall be disclosed taking a cue from the order issued by the Election Commission of India in pursuance of Supreme Court Judgement and Order dt.13-03-2003 in civil Appeal No.4909/2002.

(2) Subsequently, provisions have been made on this subject in the relevant rules relating to Conduct of Elections to Rural and Urban Local bodies. (3) Sub-Rule (2) of Rule 4 of A.P. Municipal Corporations (Conduct of Election of Members) Rules, 2005 stipulate that “every candidate contesting for the office of the Member, Municipal Corporation shall along with the nomination paper also file an affidavit with regard to criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format sworn before a Notary Public or a Magistrate of the First Class”.

(4) Sub-Rule (9) of Rule (8) of A.P. Municipalities (Conduct of Election of Members) Rules, 2005 stipulate that “every candidate contesting for the office of the Member, Municipality / Nagar Panchayat shall, along with the nomination paper also file a declaration with regard to his criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format attested by two witnesses.”

(5) Sub-Rule (3) of Rule 9 of Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 stipulates that every candidate shall, along with the nomination paper also file a declaration with regard to his criminal antecedents, assets and liabilities and education qualifications as required by the State Election Commission and in the prescribed format attested by two witnesses.

(6) Recently Election Commission of India made some modifications in the formats prescribed for disclosure of said information by the candidates contesting in elections to the

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Council of States, House of People, State Legislative Assembly of a State, Legislative Council of a State for better and more effective dissemination of information to the electors about the background of the candidates. Taking a cue from this, the State Election Commission also decided to make the same modifications in the format prescribed for disclosure of information by the candidates in local body elections to achieve the same objectives.

(7) Now therefore, in pursuance of the provisions made in the A.P. Municipal Corporations (Conduct of Election of Members) Rules, 2005, A.P. Municipalities (Conduct of Election of Members) Rules, 2005, Andhra Pradesh Panchayat Raj (Conduct of elections) Rules, 2006 as mentioned above and in exercise of its powers conferred under Article 243 K and Article 243 ZA of the Constitution of India and all other powers hereunto enabling it in this behalf, the State Election Commission hereby prescribe revised formats for disclosure of information by the candidates contesting in local body elections and also reiterates instructions issued earlier on the subject as follows:-

(i) Every candidate contesting to the office of the Member of a Municipal Corporation, or his proposer shall, along with his/her nomination papers file an affidavit in the format prescribed in Annexure-I to this Order sworn before a Notary Public or a Magistrate of the First Class on a stamp paper of the value of Rs.20/-. Full and complete information, shall be furnished, in regard to all the matters specified in the format.

(ii) Every candidate contesting elections to the office of Member of a Municipality/Nagar Panchayats, or his/her proposer, shall along with the nomination paper file a self declaration in the format prescribed in Annexure-II to this Order attested by two witnesses which can be given on a plain paper. Full and complete information, shall be furnished in regard to all the matters specified in the format.

(iii) Every candidate contesting elections to the office of Member and Sarpanch of

Gram Panchayat, Member of Mandal Parishad and Member of Zilla Parishad, or his/her proposer, shall along with the nomination paper file a self declaration in the format prescribed in Annexure-II to this Order attested by two witnesses which can be given on a plain paper. Full and complete information, shall be furnished in regard to all the matters specified in the format.

(iv) Failure on the part of the candidate or his/her proposer to file affidavit / declaration as the case may be, make the nomination of the defaulting candidates liable to be rejected by the Election Officer / Returning Officer concerned as per relevant rules.

(v) If the prescribed affidavits / self-declarations as the case may be, has been filed but are found or considered to be defective or containing, false information, the nomination should not be rejected on this ground.

(vi) The information so furnished by each candidate in the aforesaid declaration or

affidavit, as the case may be, shall be disseminated by the concerned Election Officer / Returning Officer by displaying a copy of the declaration/affidavit on the notice board of his office and also by making copies thereof available to all other candidates on demand and to the representatives of the print and electronic media.

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(vii) If any rival candidate furnishes information to the contrary, by means of a declaration attested by two witnesses in case of Municipalities, Nagar Panchayats, Gram Panchayats, Mandal Parishads and Zilla Parishads and by means of sworn affidavit, in case of Municipal Corporation, then such declaration / sworn affidavit of the rival candidate shall also be disseminated along with the declaration/affidavit of the candidate concerned in the manner directed above;

All the Collectors & DEAs, the Commissioners of all Municipal Corporations, all Municipal Commissioners, all District Panchayat Officers, all Chief Executive Officers of Zilla Parishads, all Mandal Parishad Development Officers and the Returning Officers / Election Officers are directed to ensure that the copies of this order along with Annexure – I / Annexure – II are delivered to the candidate along with the nomination paper.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)

Sd/- K. Ram Gopal SECRETARY To All the Collectors & DEAs in the State. The Commissioners of all the Municipal Corporations in the State. All the Municipal Commissioners in the State. All District Panchayat Officers in the State. All Chief Executive Officers of Zilla Parishads in the State. All Mandal Parishad Development Officers in the State through the concerned Chief Executive Officer of Zilla Parishad. All the Political Parties.

Copy to :-

The Commissioner & Director of With a request to issue appropriate Municipal Administration, AP., Hyderabad instructions to all the concerned The Commissioner of Panchayat & for strict implementation of the orders. Rural Employment, AP., Hyderabad.

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Annexure – VI

(Annexure to Order No.588/SEC-F1/2011, Dt.20-12-2011)

(Self declaration attested by two witnesses to be furnished by the candidate contesting office of Member of Municipality/ Nagar Panchayat /

Gram Panchayat/ MPTC/ZPTC along with Nomination Paper before the Election Officer/ Returning Officer)

For election to the office of Member .…………..Ward (Ward No. & Name if any) of

………………. Municipality / Nagar Panchayat (or) Sarpanch or Member of

…………………..Ward of ………………..Gram Panchayat (or) ……………….. MPTC /

ZPTC of ………………… Mandal Parishad/Zilla Parishad

I…………………………., son/daughter/wife of………………………………………… Aged…………years, resident of……………………………(mention full postal address), a candidate at the above Election, do hereby solemnly affirm and state on oath as under:- (strike out whichever is not applicable)

(1) I am a candidate set up by------------------------------(name of the political party ) / am contesting as an Independent candidate.

(2) Details of PAN and status of filing of Income tax return : Sl. No.

Names Permanent Account Number (PAN)

The financial year for which the last Income-tax

return has been filed

Total income shown In Income Tax Return ( in Rupees)

1. Self

2. Spouse-

3. Dependent 1

4. Dependent 2

5. Dependent 3 ………

(3) The following case(s) is/ are pending against me in which cognizance has been taken by the court:-

Sl. No.

Offence Description

(a) The details of cases where the court has taken cognizance, Sections of the Act and description of the offence for which cognizance taken :

(b) Name of the court, Case No. and Date of order taking cognizance :

(c) Details of Appeal (s) / Application(s) for revision (if any) filed against the above order(s) :

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4. Cases in which I have been convicted by a court of law(other those referred to in Form 26): (a) The details of cases, Sections of the

Act and description of the offence for which convicted :

(b) Name of the Court(s), Case No. and Date(s) of order(s) :

(c)

Punishment imposed :

(5) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents:

A. Details of movable assets : (Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given 2. In case of deposit/Investment, the details including Serial Number, Amount, Date of Deposit, the Scheme, Name of Bank/ Institution and Branch are to be given 3. Value of Bonds/Share/Debentures as per the current market value in Stock Exchange in respect of listed companies and as per books in case of non- listed companies should be given. 4. Dependent`, here means a person, substantially dependent on the income of the candidate. 5. Details including amount is to be given separately in respect of each investment)

S. No.

Description Self Spouse Dependent-1 Dependent-2 Dependent-3

(i) Cash in hand

(ii) Details of Deposits in Bank accounts (FDRs, Term Deposits and all other types of Deposits including saving accounts), Deposits with Financial Institutions, Non Banking Financial Companies and Cooperative societies and the amount in each such deposit

(iii) Details of investment in Bonds, Debentures / shares and units in companies / Mutual Funds and others and the amount.

(iv) Details of investment in NSS, Postal Savings, Insurance Policies and investment in any Financial Instrument in Post office or Insurance Company and the amount

(v) Personal loans/advance given to any person or entity including firm, Company, Trust etc. and other receivables from debtors and the amount.

(vi) Motor Vehicles / Aircrafts / Yachts / Ships (details of Make, Registration No. etc, Year of Purchase and amount)

(vii) Jewelry, bullion and valuable thing

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(give details of weight and value) (viii) Any other assets such as value of

Claims / interest

(ix) Gross Total value

B. Details of Immovable assets:

(Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated 2 . Each land or building or apartment should be mentioned separately in this format.)

S. No

Description Self Spouse Dependent-1 Dependent-2 Dependent-3

(i) Agricultural Land Location(s) Survey number(s)

Area (Total measurement in acres)

Whether inherited property (Yes or NO)

Date of purchase in case of self acquired property

Cost of Land (in case of purchase) at the time of purchase

Any Investment on the land by way of development, construction etc.

Approximate Current market value

(ii) Non-Agricultural Land Location(s) Survey number(s)

Area (Total measurement in sq. ft.)

Whether inherited property (Yes or NO)

Date of purchase in case of self acquired property

Cost of Land (in case of purchase) at the time of purchase

Any Investment on the land by way of development, construction etc.

Approximate Current market value

(iii) Commercial Buildings (including apartments) -Location(s) -Survey number(s)

Built up Area (Total measurement in sq. ft.)

Whether inherited property (Yes or NO)

Date of purchase in case of self acquired property

Cost of property (in case of purchase) at the time of purchase

Any Investment on the property by way of development, construction etc.

Approximate Current market Value

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(iv) Residential Buildings (including apartments,) -Location(s) - Survey number(s)

Area (Total measurement in sq. ft.)

Built up Area (Total measurement in sq. ft.)

Whether inherited property (Yes or NO)

Date of purchase in case of self acquired property

Cost of property (in case of purchase) at the time of purchase

Any Investment on the land by way of development, construction etc.

Approximate Current market value

(v) Others (such as interest in property)

(vi) Total of Current Market Value of (i) to (v) above

(6) I give herein below the details of liabilities/ dues to public financial institutions and government :-

(Note: Please give separate details of name of Bank , institution, entity or individual and amount for each item)

S. No.

Description Self Spouse(s)Dependent-1 Dependent-2 Dependent-3

(i) Loan or dues to Bank/Financial Institution(s) Name of Bank or FI Amount outstanding Nature of loan

Loan or dues to any individuals/ Entity other than mentioned in (i) above. Name(s) Amount outstanding Nature of loan

Any other liability

Grand total of liabilities

(ii) Government Dues: Dues to departments dealing with government accommodation

Dues to departments dealing with supply of water

Dues to departments dealing with supply of electricity

Dues to departments dealing with supply of telephones/mobiles

Dues to departments dealing with government transport (including aircrafts and helicopters)

Income Tax Dues

Wealth Tax Dues

Service Tax Dues

Municipal /Property Tax Dues

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Sales Tax Dues

Any other dues

Grand total of all Govt. dues

(7) Details of profession or occupation:

a. Self……………… b. Spouse …………

(8) My educational qualification is as under: (Give details of highest School / University education with full form of the certificate/ diploma/ degree course) (Name of the School /College/ University and the year in which the course was completed.)

(9). ABSTRACT OF THE DETAILS GIVEN IN (1) TO (8) ABOVE:

1. Name of the candidate Sh./Smt./Kum.

2. Full postal address

3. Number and Name of the constituency and state

3. Name of the Political party which set up the candidate (otherwise write ‘Independent’)

4. (a) Number of cases in which conviction order passed (other than those referred to in Form 26)

(b) Total number of Pending cases where the court (s) have taken cognizance

5. PAN of Year for which last Income Tax Return

filed

Total Income Shown

(a) Candidate

(b) Spouse:

(c) Dependents

6. Details of Assets and Liabilities in rupees

Description Self Spouse Dependent-I Dependent-II Dependent-III

A.

Movable Asset (Total value)

B.

Immovable Asset

(i) Purchase Price and Development Cost of Immovable Property (Total Value)

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(ii) Approximate Current Market Price of Asset (Total Value)

7

Liabilities

(i) Government dues (Total)

(ii) Loans from Bank, Financial Institutions and others (Total)

8. Highest educational qualification:

(Give details of School / University education with full form of the certificate/ diploma/ degree course) (Name of the School /College/ University and the year in which the course was completed.)

DECLARATION

I, do hereby declare that the contents of this self declaration are true and correct to the

best of my knowledge and belief, no part of it is false and nothing material has been

concealed there from.

This declaration is made on the day of ……………………(Date to be mentioned).

WITNESSES (with Name & Address)

1)

2)

DECLARANT

Note: 1. Self declaration with two witnesses should be filed along with nomination. If any candidate fails to file self declaration along with nomination he/she should file it latest by 3.00 PM on the last date of making nomination.

2. All columns should be filled up and no column to be left blank. If there is no information to furnish in respect of any item, either “Nil” or “Not applicable”, as the case may be, should be mentioned.

3. The self-declaration should be either typed or written legibly and neatly.

4. For the measurements in various items in the Part relating to assets, the locally used and accepted units of measurements should alone be given.

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Annexure – VII

DECLARATION

I ……………………………………………. S/o ………………………. hereby declare

that I am not disqualified for being chosen, as a Member of the Municipal Council under the

provisions of the Andhra Pradesh Municipalities Act 1965, to the best of my knowledge and

belief.

Signature of the candidate

Signed before me this …………………………….. day of ……………, 2012.

Election Officer

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ANNEXURE – VIII

DECLARATION TO BE FILED BY THE CANDIDATE FILING NOM INATION ON

ACCOUNTS OF ELECTION EXPENDITURE

I……………………………………………………,S/o……..……………...……………...

Resident of……………...………………………………. Municipality…………….……………..,

having filed the nomination for the office of Member of …………………………………

Municipality, hereby acknowledge that I have been supplied with a copy of the State Election

Commission’s Order No.537/SEC-F1/2011, dated:01-07-2011 relating to maintenance of

accounts of election expenditure by the contesting candidates and also the notification

No.55/SEC-F2/2005, dated 22.08.2005 prescribing maximum limit on expenditure which can be

incurred by the contesting candidates for the said offices.

I hereby declare and undertake to keep my election expenditure within the limit

prescribed and also to maintain true and day to day accounts of the expenditure in the manner

prescribed.

I, further, declare that I am fully conversant with the legal provisions contained in Andhra

Pradesh Municipal Act, 1965 and rules issued thereunder dealing with election expenses and

I hereby undertake to act in accordance with these provisions of Law and the rules made

thereunder and in the true spirit of democracy while contesting the election for the above

mentioned office.

Signature of the Contesting Candidate

The above declaration is signed before me.

Election Officer

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ANNEXURE - IX

FORM - III

[See Rule 11 ]

List of Nominations received on ……………………..….. for election as member,

(date)

……………………………..Ward …………………….Municipality

Sl. No

Name of the candidate

Father’s / Husband

Name Age Sex Occupation

and Address

Where the candidate is a member of the ST/ SC/ BCs,

the particular

Caste /Tribe / Class to

which the candidate belongs

Name of the

proposer

Serial No. of proposer in the (Ward) list in which his name is included

(1) (2) (3) (4) (5) (6) (7) (8) (9)

Note: Column No. 7 to be filled up only in the case of a (ward) where the seat to be filled up is

reserved for the STs/ SCs/ BCs. In other cases this column shall be struck off.

Election Officer or other Authorised person

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ANNEXURE - X

FORM -IV

[See Rule 12 (4) ]

List of Validity Nominated Candidates Election to the Office of the member ……..

Ward …………………. Municipality.

Sl.No. Name of the Candidate

Name of *Father / Mother / Husband

Address of Candidate

Party Affiliation

(1) (2) (3) (4) (5)

Place:

Date: Election Officer

*Strike off the inappropriate alternative.

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ANNEXURE - XI

FORM - V

[See Rule 13 (1) ]

Notice of withdrawal of candidature by the candidate

Election to the Member of………………………Ward …………….. Municipality

To

The Election Officer.

I …………….. (candidate validly nominated) at the above election do hereby give notice

that I withdraw my candidature.

Place:

Date: Signature of (Validly nominated candidate)

This notice was delivered to me at my office at ……………. (hour) on ………………

(date) by ……………….. (name) that………………………

Date: Election Officer

……………………………………………………………………………………………

Receipt for Notice of withdrawal

(to be handed over to the person delivering the notice)

The notice of withdrawal of candidature by …………………….. a (Validly nominated

Candidate) at the election to the ward no. ……………………….. was delivered to me by the

…………. at my office at …………….. (hour) to me by the candidate * the candidate’s

proposed / election agent who has been authorised in writing by the candidate to deliver it at my

office …………………….. at (hour) on ………………..(date) …………………

Date:

Election Officer

* Strike off whichever is inapplicable

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ANNEXURE - XII

FORM – VI

[See Rule 13 (2)]

Notice of Withdrawal of Candidatures

Election to the Ward Member/………………………………….. Municipality

Notice is hereby given that the following validly nominated

* Candidate / candidates at the above election withdraw his

* Candidature / their candidatures today.

Name of validly nominated candidate

Address of validly nominated candidate Remarks

1.

2.

3.

4.

5.

6.

7.

8.

Date: Election Officer.

* Strike off the inappropriate alternative]

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ANNEXURE - XIII

FORM - VII

[See Rule 14 (1) ]

(The list of contesting candidates)

Names of the Municipality…………………………………………………………………………

Election to the office of Member of Ward No.…………………. & Name ………………………

Sl. No

Name of the Candidate Sex Address of

Candidate

Party affiliation, if

any

Distinctive symbol assigned to candidate

(1) (2) (3) (4) (5) (6)

Note:- The poll will be taken between the hours of ………………… and ……………… (date)

at the polling stations fixed for the poll to be notified separately.

Place ………………….

Date ………………….

Election Officer

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ANNEXURE XIV

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003

No.584/SEC-B2/2001, Dated: 12.06.2001.

THE REGISTRATION OF POLITICAL PARTIES AND ALLOTMENT OF

SYMBOLS ORDER, 2001

An order to provide for the Registration of Political Parties and for allotment of Symbols at elections to local bodies constituted in pursuance of Parts IX and IXA of the Constitution of India in Andhra Pradesh, and for matters connected therewith. Whereas, the superintendence, direction and control of all elections to local bodies in the State are vested by the Constitution of India and under the relevant laws relating to local bodies in the State, in the State Election Commission; And Whereas it is necessary and expedient to provide, in the interests of purity of elections to the local bodies, and in the interests of conduct of such elections, in a fair and efficient manner, for the registration of political parties and for matters connected therewith; Now, therefore, in exercise of the powers conferred by Article 243 K read with Article 243 ZA of the Constitution of India, the State Election Commission, hereby, makes the following order: - 1. Short title, extent, application and commencement: (1) This Order may be called the Registration of Political Parties and Allotment of Symbols

Order, 2001 (2) It extends to the whole of the State of Andhra Pradesh. (3) It applies to all elections held to local bodies in the State, on party basis. (4) It shall come into force with immediate effect.

Part - I – PRELIMINARY

2. Definitions: In this Order, unless the context otherwise requires, -

(1) 'Commission' means, the State Election Commission constituted under Article 243 K read with Article 243 ZA of the Constitution of India;

(2) 'Election Commission of India' means, the Election Commission of India constituted under Article 324 of the Constitution of India;

(3) 'local body' means, -

(a) a Gram Panchayat, Mandal Parishad or Zilla Parishad constituted under the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994);

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(b) a Municipality or Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965); or

(c) a Municipal Corporation constituted under any law relating to Municipal Corporations for the time being in force in the State;

(4) 'paragraph' means a paragraph of this Order;

(5) 'political party' means a political party registered under this Order;

(6) 'recognised political party' means, a political party recognised as a National Party or as a State Party under the Election Symbols (Reservation and Allotment) Order, 1968, made by the Election Commission of India, and also registered by the Commission;

(7) 'registered political party’ means, a political party registered with the Commission; (8) 'State' means, the State of Andhra Pradesh; (9) words and expressions used but not defined in this Order, but defined in the Andhra

Pradesh Panchayat Raj Act, 1994, or the Andhra Pradesh Municipalities Act, 1964, or any law relating to Municipal Corporations, for the time being in force, in the State, or the rules made thereunder, shall have the meanings respectively assigned to them in those Acts, laws and rules.

Part - II

REGISTRATION OF POLITICAL PARTIES

3. Registration of Political Parties: (1) Any association or body of individual citizens calling itself a political party, or a political party already registered with the Election Commission of India, and intending to avail itself of the provisions of this Order, shall make an application to the State Election Commission for its registration as a political party for purposes of elections to local bodies in the State. (2) Every application under sub-paragraph (1) shall be signed by the chief executive officer of the association or body or political party (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission or sent to such Secretary by registered post.

(3) Every such application shall contain the following particulars, namely: -

(a) the name of the association or body or political party; (b) location of its head office; (c) the address to which letters and other communications meant for it should be

sent; (d) the names of its president, secretary, treasurer and other office-bearers; (e) the numerical strength of its members, and if there are categories of its

members, the numerical strength in each category; (f) whether it has any local units; if so, at what levels; (g) whether it is represented by any office-bearers or members in any of the local

bodies in the State; if so, their number and particulars relating to the office they are holding and the local body concerned;

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(h) whether it has already registered itself as a political party with the Election Commission of India, and if so, whether it is recognised as a National party or a State Party;

*** (4) “(a). The application must be accompanied by the following documents/information: -

(i) A Demand Draft of Rs.5,000/- (Rupees five thousand only) on account of

processing fee drawn in favour of the Secretary, State Election Commission. The processing fee shall be non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and bye-laws/constitution of the Party containing a specific provision which reads “…………………………………………………………. (name of the party) shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”.

NOTE: The above mandatory provision must be included in the text

of the party constitution itself as one of the clauses. No association or body shall be registered as a political party unless the memorandum, rules and regulations or the constitution of such association or body conform to the above referred provision. The copy of the party constitution furnished with the application should also be duly authenticated on each page by the General Secretary/President/Chairman of the party and the seal of the signatory affixed thereon.

(iii) There should be a specific provision in the rules and

regulations/memorandum/Constitution of the party regarding organizational elections at different levels and the periodicity of such elections and term of office of the office-bearers of the party.

(iv) Besides procedure in the case of merger/dissolution of the association should be provided in the bye-laws.

(*** Sub paragraph 4(a) was substituted vide reference No.1637/SEC-L/2005, dated 15.12.2005.) (v) Certified extracts from the latest electoral rolls in respect of atleast 25

members of the organisation (including all office-bearers/members of main decision making organs like Executive Committee/Executive Council) to show that they are registered electors.

(vi) An affidavit duly signed by the President/General Secretary of the applicant party and sworn before a 1st class Magistrate/ Notary Public to the effect that no member of the organisation is a member of any other political party registered with the Commission.

(vii) Individual affidavits from atleast 25 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the commission. These affidavits should be on Stamp Paper of atleast Rs.10/- denomination and duly sworn

****

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before a 1st class Magistrate/Oath Commissioner/Notary Public. These affidavits should be from those persons in respect of whom certified extracts of electoral rolls are being furnished.

(viii) Particulars of Bank accounts in the name of the party.

(b) In the case of a political party already registered with the Election Commission of India, the application shall be accompanied by the documentary evidence of its registration with the Election Commission of India, Symbol particulars and a certified copy of the party constitution, by whatever name called.

(5) The application shall also be accompanied by a declaration to the effect that the applicant has read and understood the provisions of this Order and that the political party sought to be registered by him/her shall abide by the provisions of this Order. (6) The Commission may call for such other particulars, as it may deem fit from the association or body or political party. (7) The sub para (7) was deleted vide amendment reference no. 1637/SEC-L/2005, dated 15.12.2005. (**** vide errata No.1637/SEC-L/2005-2, dated 04.01.2006) ** (8)(i) Before registering a political party under this order a notice shall be published in A.P.Gazette as also one of the regional language daily newspapers indicating therein the name of the political party, its President and calling for objections if any for such registration from the general public. (ii) If no objection is received with in 15 days from the date of publication in A.P.Gazette/news papers as specified in sub para (i) above, it shall be competent for the State Election Commission to register the political party as proposed in the notice. (iii) If any objection is received the State Election Commission may consider the same and in case it is found to be flimsy, it may reject the same and register the political party. If on the other hand the State Election Commission considers that the objection is prima facie genuine, then the same shall be communicated to the applicant and his remarks shall be called for. After receipt of the remarks the Commission may either decide the matter on merits on the basis of the records available or it may give personal hearing to the parties concerned and take a decision there after. The decision of the State Election Commission shall be final.

(iv) Every Association or Body of individual citizens making an application under

this order for registration of political party shall take care to see that the name of the political party proposed to be registered should not resemble the name of a political party which is already registered with the State Election Commission, thus giving rise to a confusion in the minds of the general public. Where the State Election Commission is either suo-moto or on objections received from the general public considers that the name of a political party sought to be registered is similar to be a political party already registered, it shall be competent to the Commission to reject the application. It shall

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however, be open to the applicant to make a fresh application by changing the name of the political party and any such application will be examined de-novo as if it is a new application. The decision of the State Election Commission shall be final.

(** 8(i) to (iv) was substituted vide reference no. 492/SEC-L/2004, dt. 22.5.2004)

(9) After an association or body or political party has been registered as a political party as aforesaid, (a) any change in its name, head office, office-bearers, address or in any other material

matters shall be communicated to the Commission without delay;

(b) such associations or body or political party shall maintain true accounts of its income and expenditure, and particularly maintain separate accounts for the expenditure incurred in connection with local body elections, indicating details of the expenditure incurred on the general publicity of the party, and candidate-wise expenditure incurred for promoting the election of specific candidates set up or supported by the party in various elections to local bodies;

(c) a copy of the annual audited accounts of the party and a copy of the income-tax returns filed under the law for the relevant year shall be filed in the office of the Commission within a period of one year after the end of the relevant financial year;

(d) should observe the provision of the Model Code of Conduct for Local Body Elections issued by the Commission;

(e) follow or carry out the lawful directions and instructions of the Commission, given from time to time, with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and electorate in particular.

Part – III

Allotment of Symbols

4. Allotment of Symbols : In every contested election, a symbol shall be allotted to a contesting candidate in accordance with the provisions of this Order, and different symbols shall be allotted to different candidates at an election in the same local body. 5. Classification of Symbols : (1) For the purposes of this Order, symbols are either reserved or free. (2) Save as otherwise provided in this Order, a reserved symbol is a symbol, which is reserved for a recognised political party or a registered political party for exclusive allotment to the contesting candidates set up by that party.

(3) A free symbol is a symbol, other than a reserved symbol.

*** 5 A:- Conditions for allotment of reserved symbol to Registered Political Parties:

(a) Registered political party without a reserved symbol: no symbol shall be reserved to any political party registered with the state election commission as per the provisions of this order unless and until the conditions specified in clause (b) are

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satisfied such registered political party shall be given preferential treatment in allotment of free symbols to the candidates set up by it over the Independent candidates.

(b) registered political party with a reserved symbol: a registered political party which returns 15 MPTC members or 3 ZPTC members or 15 ward members of municipalities or 15 ward members of municipal corporations from any where in the state shall be entitled for a reserved symbol. It shall also be sufficient if a political party returns a total number of 15 candidates from one or more of the local bodies put together in the entire state. For the purpose of this clause one ZPTC member shall be treated as equal to 5 offices of members of MPTC/Municipality/ Municipal Corporation. After each ordinary election, the performance of each registered political party shall be evaluated in order to identify the registered political parties which satisfy the criteria for registration of a symbol. On fulfillment of criteria stipulated for reservation of a symbol, the party concerned shall in consultation with the state election commission furnish a list of three symbols of its choice in the order of preference and one of them will be reserved as common symbol of the party by the state election commission.

(*** para 5 A was inserted vide amendment no. 1637/SEC-L/2005, dated 15.12.2005.)

(c) conditions for continued reservation of a common symbol for a registered political party: if a symbol is reserved to a registered political party under sub-paragraph (b), the question whether it shall continue to be so reserved after any subsequent ordinary election to local body shall depend upon the continued fulfillment by it of the conditions specified therein.”

6. Choice and allotment of symbols --(1) A candidate set up by a recognised National Party at any election to the local bodies in the State shall choose, and shall be allotted, the symbol reserved for that party by the Election Commission of India and no other symbol. (2) A candidate set up by a recognised State party at any election to the local bodies in the State, whether such party is a State party in the State or not, shall choose, and shall be allotted the symbol reserved for that party by the Election Commission of India and no other symbol.

*** (3) A candidate set up by a registered political party with a reserved symbol at an election to the local body in the state shall choose and shall be allotted a symbol reserved for that party by the state election commission and no other symbol.

(4) In any election to the local bodies in the State, a reserved symbol shall not be chosen by, or allotted to, any candidate other than a candidate set up by a recognised or registered political party with a reserved symbol for whom such symbol has been reserved, even if no candidate has been set up by such party in such election.

7. Choice of symbols by other candidates and allot ment thereof --

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(1) Any candidate at an election to local bodies in the State, other than a candidate set up by a recognised political party, or a candidate set up by any registered political party with a reserved symbol shall choose and shall be allotted in accordance with the provisions hereafter set out in this paragraph, one of the symbols specified as free symbols by the Commission.

(*** sub para 3 was substituted by amendment no. 1637/SEC-L/2005, dated 15.12.2005.) (2) Where any free symbol has been chosen by only one candidate at such election, the Returning Officer / Election Officer shall allot that symbol to that candidate and to no one else.

(3) Where the same free symbol has been chosen by several candidates at such election, then, --

(a) if of those several candidates one of the candidates is, or was holding the same office, and was allotted that free symbol at the previous election to the same office, when he was chosen, the Returning Officer/Election Officer shall allot that free symbol to that candidate and to no one else; and (b) if of those several candidates, no one is, or was, a sitting member, the Returning Officer/Election Officer shall decide by lot to which of those candidates that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls and to no one else;

*** (4) Where the same free symbol has been chosen by several candidates at such election, then –

(a) if, of those several candidates, only one is a candidate set up by an registered political party without a reserved symbol and all the rest are independent candidates, the Returning Officer shall allot that free symbol to the candidate set up by the registered political party without a reserved symbol, and to no one else; and, if, of those several candidates, two or more are set up by different registered political parties without a reserved symbol and the rest are independent candidates, the returning officer shall decide by lot to which of the two or more candidates set up by the different registered political parties without a reserved symbol that free symbol shall be allotted, and allot that free symbol to the candidate on whom the lot falls, and to no one else.

(*** sub para 4 was inserted vide amendment reference no. 1637/SEC-L/2005, dated 15.12.2005).

Provided that where of the two or more such candidates set up by such different registered political parties without a reserved symbol, only one is, or was, immediately before such election, a sitting member of the local body (irrespective of the fact as to whether he was allotted that free symbol or any other symbol at the previous election when he was chosen as such member), the returning officer/election officer shall allot that free symbol to that candidate, and to no one else:

(b) if, of those several candidates, no one is set up by any registered political party without a reserved symbol and all are independent candidates, but one of the independent candidates is, or was, immediately before such election a

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sitting member of the local body and was allotted that free symbol at the previous election when he was chosen as member, the Returning Officer/Election Officer shall allot that free symbol to that candidate, and to no one else; and

(c) if, of those several candidates, being all independent candidates, no one is,

or was, a sitting member as aforesaid, the returning officer/election officer shall decide by lot to which of those independent candidates that free symbol shall be allotted, and allot that free symbol to the candidates on whom the lot falls, and to no one else.”

*8. When a candidate shall be deemed to be set up by a political party: - For the purpose of this Order, a candidate shall be deemed to be set up by a political party if, and only if, he is nominated by the political party concerned, in such manner and in such format as may be specified by the instructions issued by the State Election Commission, under this paragraph.

(* para 8 was substituted vide reference no. 671/SEC-B1/2001, dated. 23.6.2001.)

9. Power of Commission to suspend or withdraw regis tration of a political party for its failure to observe Model Code or fol low lawful directions and instructions of the Commission .— Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession, that a political party, registered under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Local Body Elections, as amended from time to time, (b) to abide by the provisions of this Order, or (c) to follow or carry out the lawful directions and instructions of the Commission, given from time to time, with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the registration of such party.

10. Notification containing lists of political par ties and symbols :- The Commission shall, by one or more notifications in the Andhra Pradesh Gazette, publish lists of recognised political parties and registered political parties along with the symbols reserved for each of them and also the list of free symbols for each office.

11. Powers of Commission to issue instructions:- The Commission, may issue instructions and directions --

(a) for the clarification of any of the provisions of this Order; (b) for the removal of any difficulty which may arise in relation to the

implementation of any such provisions; and (c) in relation to any matter with respect to the reservation and allotment of

symbols and registration of political parties, for which this Order makes no provision or makes insufficient provision, and provision is in the opinion of the Commission necessary for the smooth and orderly conduct of elections.

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< *** 12 Power of the Commission to issue instructions t o registered political parties

without reserved symbol. : The Commission may issue instructions for the benefit of registered political parties without a reserved symbol such instructions as it may feel necessary for expeditious reservation of a reserved symbol if they fulfill the conditions specified in sub-paragraph (b) of paragraph 5A.

*** 13. Transitional provision: Notwithstanding anything contained in paragraph 5A, a symbol reserved to a registered political party prior to the commencement of the Registration of Political Parties and Allotment of Symbols (Amendment) Order, 2005 shall continue until after the third ordinary elections to the Mandal Parishads and Zilla Parishads and thereafter where such a political party does not satisfy the conditions specified in clause (a) of paragraph 5A, it shall be competent for the State Election Commission to withdraw such symbol after giving an opportunity of making representation to the registered political party concerned.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)

Sd/- D R Garg Secretary

To All District Collectors and District Election All Chief Executive Officers of Zilla Parishads in the State.

Copy to: The Principal Secretary to Government, PR & RD Dept., Secretariat, Hyd. The Principal Secretary to Government, M.A. & U.D. Department, Secretariat, Hyd. The Commissioner of Panchayat Raj & Rural Employment, A.P., Hyderabad. The Commissioner & Director of Municipal Administration, A.P., Hyderabad.

(*** paragraph 12 was substituted and paragraph 13 was inserted vide amendment reference no. 1637/SEC-L/2005, dated 15.12.2005.)

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ANNEXURE – XV

FORM ‘A’

Communication with regard to Authorised Person to intimate names of Candidates set up by recognised NATIONAL OR STATE Political Party. To 1. The District Election Authority & District Colle ctor, …………………………………………… District. 2. The Election Officer / The Returning Officer for the Ward …………………..

Municipality / Nagar Panchayat / Municipal Corporation …………………… Sir,

Sub:- Elections to the Office of Ward Member – Municipality / Nagar Panchayat / Municipal Corporation – Authorisation of person to intimate names of Candidates.

Ref:- 1) State Election Commission Notification No.___________ Dt:_________ (for all Municipalities / Nagar Panchayats). 2) State Election Commission Notification No.___________ Dt:_________ (for all Municipal Corporations).

*** I hereby communicate the following person (s) has / have been authorised by the party which is a National Party / State Party in the State of Andhra Pradesh to intimate the names of the candidates proposed to be set up by the party at the election cited above.

Name of the person authorized to send Notice

Name of Office held in the party

Districts areas Constituency / Constituencies in respect of which

he has been authorized. 1 2 3

1.

2.

3.

4.

The specimen signature of the above mentioned persons so authorised are given below:-

1. Specimen signature of Sri -------------------------------

(i) --------------------------- (ii) -------------------------------- (iii) --------------------------

2. Specimen signature of Sri -------------------------------

(i) --------------------------- (ii) -------------------------------- (iii) --------------------------

3. Specimen signature of Sri -------------------------------

(i) --------------------------- (ii) -------------------------------- (iii) --------------------------

4. Specimen signature of Sri -------------------------------

(i) --------------------------- (ii) -------------------------------- (iii) --------------------------

Place :

Date: (seal of the party) Yours faithfully,

President / General Secretary

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ANNEXURE – XVI

FORM ‘B’

Notice as to names of the candidates set up by the Political Party From To

……………………………… The Returning Officer / Election Officer

……………………………… ……………………………………….

……………………………… ……………………………………….

……………………………… ……………………………………….

……………………………… ……………………………………….

Sub:- Elections to the Office of Ward Member – Municipality / Nagar Panchayat / Municipal Corporation – Authorisation of person to intimate names of Candidates.

Ref:- 1) State Election Commission Notification No.___________ Dt:_________ (for all Municipalities / Nagar Panchayats).

2) State Election Commission Notification No.___________ Dt:_________ (for all Municipal Corporations).

***

Sir,

I herby give notice that the following persons have been set up by

_____________________________ Party as its candidates at the ensuing elections

referred to above.

OR

In pursuance of the authorisation received by me in Form ‘A’ vide

No._________________ dated ________________, I hereby give notice that the

following persons have been set up by ___________________ Party as its candidates at

the ensuing elections referred to above for the office noted against each;

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1. Name of the Municipality / Municipal Corporation ___________________

2. Name of the office ____________________________________________

3. Name of the Approval candidate along ____________________________

with father’s / husband’s name.

4. Postal address of the Approval Candidate ___________________________

5. Name of the Substitute candidate along ____________________________

with father’s / husband’s name.

6. Postal Address of Substitute Candidate _____________________________

Place : Signature Date: (seal of the party) Name & Designation of the issuing authority

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ANNEXURE XVII

FORM - VIII

[See Rule 17 (1) ]

Appointment of an Election Agent

To

The Election Officer

For the election of member ………. Ward …………………... Municipality. (No) (Name)

I ……………………… a candidate for the election as member ………. Ward hereby

appoint …………………… of ………………………… as my election agent from this day at

the above election.

Place ………………

Date ………………..

Signature of Candidate

I accept the above appointment.

Place …………….

Date …………….

Signature of Election Agent

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ANNEXURE XVIII

FORM - IX

[See Rule 18 (1) ]

Appointment of Polling Agent

Election to the member………………… Ward ……………………………… Municipality (No) (Name)

To

The Election Officer I ………………………… a candidate for election as member, Municipality

………………………………….. Election Agent of Sri………………………………… who is a

candidate at the present election, do hereby give notice that I have appointed ……………………

as polling agent to attend the Polling Station ………………………. the polling booth No………

at the Polling Station …………………… the place fixed for the poll…………………

Signature of Candidate /

Election Agent

Place ……………… Date …………..

I agree to act as such polling agent…………………………….

Place …………. Date……………………….

Signature of Polling Agent

Declaration of Polling Agent to be signed before the Presiding Officer

I hereby declare that I will not at this election do anything forbidden by Section 343 F of

the Andhra Pradesh Municipalities Act, 1965 which I have read or which has been read out and

explained to me.

Signature of the Polling Agent Signed before me Place……………….

Date………………. Presiding Officer

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ANNEXURE XIX

FORM - X

[See Rule 19 (1) ]

Appointment of Counting Agent

Election to the member……………. Ward ………………………………….. Municipality (No) (Name)

To

The Election Officer

I …………………….. a candidate for the election of ……… member ………

Municipality ………………………….. Election Agent of Sri………………………………

candidate at the present election, do hereby give notice that I have appointed as a counting agent

to……………... at the counting of votes.

Signature of the Candidate / Election Agent

I agree to act as such counting agent………………………………

Date:…………………………….

Place ………………………….. Signature of Counting Agent

Declaration of Counting Agent to be signed before the Election Officer

I, …………………………… hereby declare that at this election I will not do anything

forbidden by Section 343 F of the Andhra Pradesh Municipalities Act, 1965 which I have read or

which has been read out and explained to me.

Date……………………………

Signature of Counting Agent Signed before me.

Date……………………………

Election Officer

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ANNEXURE XX

MODEL CODE OF CONDUCT FOR LOCAL BODY ELECTIONS:

Under Articles 243-K and 243 ZA of the Constitution of India and all other powers hereunto enabling, the State Election Commission, hereby, issues the following code of conduct to be followed in order to ensure free, fair and peaceful elections to Gram Panchayats, Mandal Parishads, Zilla Parishads, Nagar Panchayats, Municipalities, and Municipal Corporations in the state of Andhra Pradesh.

Applicability and area of enforcement:

1. (a) The Code shall be known as the Code of Conduct for local body elections. (b) It shall apply to political parties, contesting candidates, Ministers, employees of the State Government and local bodies and other public servants connected with local body elections.

2. This Code shall come into force from the date of issuance of election notification. 3. The words and expression used in this Code shall have the same meaning as assigned to

them under A.P. Panchayat Raj Act, 1994, A.P. Municipalities Act, 1965 and Greater Hyderabad Municipal Corporation Act, 1955, and the rules framed thereunder.

3(A)* When ordinary elections are notified either for the Rural Local Bodies or for the Urban Local Bodies located in the entire State, the Model Code of Conduct is applicable for the entire State.

3 (B)* When elections are notified to a limited number of casual or ordinary vacancies in the Local Bodies, otherwise than State-wide ordinary elections, the area of applicability or enforcement of Model Code of Conduct shall be as follows:-

ZPTC Member: When election is notified to a ZPTC, the Model Code of Conduct shall be applicable for the entire area of the Revenue Division in which the ZPTC is located.

MPTC Member: When election is notified for an MPTC, the Model Code of Conduct

shall be applicable for the entire area of the Mandal Parishad in which the MPTC is located.

Sarpanch or Ward Member(s) of a Gram Panchayat or for both: When the election is notified for the office of Sarpanch or Ward Member(s) of a Gram Panchayat or for both, the Model Code of Conduct shall be applicable for the entire area of that Gram Panchayat.

Member of a Municipality / Nagar Panchayat: When election is notified to the office of Member of a Municipality / Nagar Panchayat, the Model Code of Conduct shall be applicable for the entire area of that Municipality or Nagar Panchayat.

Member of a Municipal Corporation: When election is notified to the office of Member of a Municipal Corporation, the Model Code of Conduct shall be applicable for the entire area of that Municipal Corporation.

(* 3(A) & (B) were inserted vide amendment notification No. 2540/SEC-B1/2006, dated 13.11.2006.)

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I. General Conduct 1. No party or candidate shall indulge in any activity which may aggravate existing

differences or create mutual hatred or cause tension between different castes and communities, religions or languages.

2. There shall be no appeal to Religion, Communal or Caste feelings for securing votes. 3. Places of worship such as Temples, Mosques, Churches, etc., shall not be used as forum

for election propaganda. 4. No criticism of any aspect of candidates private life which is not connected with his

public life shall be made nor any allegation be made which are based on unverified facts or incidents.

5. Criticism of a political party, when made, shall be confined to its policies and programmes, past record and works and shall not be based on unverified allegations.

6. Organising demonstration or picketings before the houses of individuals by way of protesting against their opinion or activity shall not be resorted to under any circumstances.

7. No party or candidate shall permit their followers for using any private property / public property for erecting flag staffs, pasting notices, posters or slogans etc., or suspending banners without written permission from the owner / competent authority of the property concerned. Further, a copy of such written permission shall forthwith be sent to the Election Officer / District Election Authority.

8. No candidate or his workers shall remove or deface the flag erected or posters pasted by another candidate or political party.

9. All parties and candidates shall scrupulously avoid all activities which are corrupt

practices and offences under the Election Law such as:

(i) To appeal for vote or not to vote on the basis of religion, caste or community and to use any religious symbol for soliciting votes.

(ii) To print or publish any poster, pamphlet, leaf-let, circular or advertisement without mentioning the name and address of the printer and the publisher.

(iii) To publish a statement or news item which is false or not believed to be true with respect to a candidate’s personal conduct or character with a view to adversely affect the prospect of his or her election.

(iv) To obstruct or disturb any election meeting organised by another political party or candidate.

(v) To take out processions or hold public meetings during the period of:-

(a) forty-eight hours ending with the hours fixed for the close of the poll in the case of Municipal Corporations, Municipalities and Nagar Panchayats.

(b) Forty-eight hours prior to the hour fixed for the conclusion of poll in the case of elections to Zilla Parishads and Mandal Parishads.

(c) Forty-four hours prior to the hour fixed for the conclusion of poll in the case of elections to Gram Panchayats.

(vi) To bribe or offer reward in any form to voters.

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(vii) To canvas or to appeal for votes within hundred meters of a polling station. (viii) To use any conveyance or means of transport for the voters to or from the polling

station. (ix) To behave in an unruly manner within or near about the polling station or to

obstruct a polling officer in the discharge of his duty. (x) To impersonate a voter or attempt to cast vote under the false name of voter.

10. The carrying of effigies purporting to represent members of other political parties or their

leaders, burning such effigies in public and such other forms of demonstration shall not be countenanced by any political party or candidate.

II. Meetings

1. No party or candidate shall hold public meetings or processions without obtaining necessary permission from the competent Local Authorities.

2. No party or candidate shall use loud speakers without obtaining necessary permission

from the Competent Authority and shall not use the loud speaker for purposes other than transmitting speeches, live or recorded. The loud speakers shall not be used to transmit music or songs. The loud speakers shall be used only between 06.00 AM and 10.00 PM The Police are authorised to seize the offending equipment if any body violates the same. The political parties and candidates shall endeavor to see that no disturbance is caused in the vicinity of hospitals due to electioneering to avoid inconvenience to the patients.

3. While granting permission for organising an Election Meeting at a Public place, no

distinction should be made between the candidates or the political parties. In case more than one candidate or party requests for holding meeting at the same place and the same date and time, the permission should be granted to such candidate or party who applies first.

III. Processions 1 A party or candidate organizing a procession shall decide before hand the time and

place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinarily be no deviation from the programme.

2. The organizers of the procession shall give advance intimation to the local police authorities of the programme so as to enable the latter to make necessary arrangements.

3. The organizers shall ascertain if any restrictive orders are in-force in the localities

through which the procession has to pass and shall comply with the restrictions unless exempted specialty by competent authority. Any traffic regulations or restrictions shall also be carefully adhered to.

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4. The organizers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organized in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion.

5. Processions shall be so regulated as to keep as much to the right of the road as possible

and the direction and advice of the police on duty shall bed strictly complied with. 6. If two or more political parties or candidates propose to take processions over the same

route or parts thereof at about the same time, the organizers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose, the parties shall contact the police at the earliest opportunity.

7 The political parties or candidates shall exercise control to the maximum extent possible

in the matter of processionists carrying article which may be put to misuse by undesirable elements, especially in moments of excitement.

IV. Polling Day 1. On the polling day, all political parties and candidates shall:-

(a) Supply to their authorized workers suitable badges or Identity cards

(b) Refrain from serving or distributing liquor within the polling area during the period of forty-eight hours prior to the hour fixed for conclusion of the poll in the case Zilla Parishads and Mandal Parishads and forty-four hours prior to the hour fixed for conclusion of the poll in the case of Gram Panchayats and also on the counting day.

(c) Not allow unnecessary crowds to be collected near the camps set by the political parties and candidates near the polling stations so as to avoid confrontation and tension among workers and sympathizers of the parties and candidates.

(d) Co-operate with the authorities in complying with the restrictions to be imposed on the plying of vehicles on the polling day and obtained permits for them which should be displayed prominently on those vehicles.

2. The identity slips given to voters shall be on plain (white) papers and shall not contain

any symbol or name of the candidate. The name of the voter, his father’s/husband’s name, ward number, polling booth number and the serial number of the voter in the electoral roll shall only be written on the identity slip.

3. Every candidate and the political party shall co-operate with the Officers on Election

Duty to ensure peaceful and orderly polling.

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V. Polling Booth Excepting the voters, no one without a valid pass from the State Election Commission

shall enter the polling booths. VI. Observers The State Election Commission is appointing Observers. If the candidates or their agents

have any specific complaint or problem regarding the conduct of elections they may bring the same to the notice of the Observer.

VII. Expenditure 1. No contesting candidate shall incur the election expenditure in excess of the expenditure

fixed by the State Election Commission, by notification 2. The contesting candidate shall maintain day-to-day expenditure record in the prescribed

proforma which will be supplied to him free of cost on the date of acceptance of his candidature.

3. Every contesting candidate shall, within 45 days of announcement of results, submit the election expenditure account in the prescribed proforma to the District Election Authority.

VIII. Party in Power 1. A Public Servant shall remain absolutely impartial during the elections and he shall not

indulge in any campaigning activity for or against any contesting candidate or political party.

2. A Public Servant shall not participate or accompany the Minister in any programme,

organised at an individual's house for which the Minister has accepted the invitation during his election tour.

3. Public places such as maidans etc. for holding election meetings and use of helipads for

air flights in connection with elections shall not be monopolized by party in power. Other parties and candidates shall be allowed to use such places and facilities on the same terms and conditions on which they are used by the party in power.

4. Use of rest houses, circuit houses and other Government accommodation should be

permitted to all the candidates and the political parties on the same terms and conditions on which it is permissible for party in power. However, no candidate or party should be allowed to use such building or its campus for the purpose of election propaganda.

5. No contesting candidate, who is in-charge of, or is in any manner connected with, the

management of an aided educational institution, or any other institution receiving aid from the State or Central Government, shall, misuse the buildings, infrastructure, staff, funds or vehicles belonging to such institution for furthering his/her electoral prospects.

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6. Ordinarily, all meetings organised during election should be treated as election meetings and no Government money should be spent on them. No Government servant should attend any such meeting except those who are incharge of maintenance of law and order or those deployed for security duties.

(i) If a Minister undertakes a tour of any area of a District where elections are taking

place, such tour shall be deemed to be an election tour and no Government servant, except those who are deployed for security purposes, shall accompany the Minister. No Government vehicles or any other facility shall be made available for such tour.

(ii) No vehicles belonging to Government or local bodies or public undertakings or co-operative institutions or any other institutions receiving Government grants shall be provided to any Minister, Member of the Parliament or the Legislative Assembly or a candidate for canvassing in election in any manner from the date of notification of election to the date of announcement of the results.

7. The Ministers shall not combine their official visit with electioneering work and shall not

make use of official machinery and personnel or other Government resources including Government vehicle for furtherance of interests of any candidate.

8. Ministers and other authorities shall not sanction any grant or subsidy out of State funds,

where the beneficiaries are selectively identified and the grant or subsidy is not general in nature, from the time elections are announced till the date of announcement of results in any area where the elections are to take place. They should not sanction any new scheme or make an announcement of such new schemes. Laying of foundation stones or opening of any scheme or project shall not be done during the period of election.

9. From the time the elections are announced by the State Election Commission Ministers

and other authorities shall not :-

(a) Make any ad-hoc appointments in Government, Public undertakings etc. which may

have the effect of influencing voters in favour of the party in power. (b) Make any promise of constriction of roads, provision of drinking water facilities etc.

10. Ministers of Central or State Governments shall not enter any polling station or place

of counting except in their capacity as a candidate or voter or authorized agent.

11. Issue of advertisement at the cost of public exchequer in the news paper and other media

during the election period for partisan coverage intended to furthering the prospects of the party in power shall be scrupulously avoided.

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IX. Prosecution 1. The violation of these provisions is punishable under various laws. 2. The District Election Authority, Deputy District Election Authority, Additional District

Election Authority and the Police are authorized to initiate prosecution against violators of this Code before the Competent Criminal Courts under intimation to the State Election Commissioner.

Sd/-P.Ramakanth Reddy STATE ELECTION COMMISSIONER

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ANNEXURE XXI

Elections / Most Immediate

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003

ORDER

No.567/SEC-F1/2011 Dated:18.07.2011 <

Sub:- SEC – Fourth ordinary elections to Urban Local Bodies - Use of

Loudspeakers for election campaign – Instructions issued- Reg.

>><<

All Political parties, candidates and their workers, supporters and sympathizers are using loudspeakers for their electioneering campaigns. These loudspeakers are not only used from fixed rostrums but are also mounted / fitted on vehicles like trucks, tempos, cars, taxis, vans, three wheeler scooters, cycle rickshaws, etc. These vehicles move on all roads, streets and lanes and also go around basties, mohallas, colonies and localities with the loudspeakers broadcasting at a very great volume. This results in serious ‘noise pollution’ and causes great disturbance to the peace and tranquility of the general public. The student community, in particular, gets seriously disturbed as their studies are badly hampered because the loudspeakers start blaring from very early hours in the morning and continue to do so throughout the day and till extremely late hours in the night. The aged, the infirm and the sick whether in institutions, hospitals, etc. or at home are also put to severe discomfort.

2. The Commission is aware that the use of loudspeakers cannot be stopped altogether during the election period as the loudspeakers are one of the means of election propaganda and imparting information to public. But, at the same time, indiscriminate and unfettered use of loudspeaker at odd hours and at odd places at very high volumes which have the effect of disturbing peace and tranquility and causing annoyance to the general public, the sick, and the student community in particular cannot be permitted. Some reasonable restrictions are essential.

3. The Hon’ble Supreme Court of India passed an order banning the use of loud speakers, vehicular horns and bursting of crackers between 10.00 PM and 6.00 AM near residential areas.

4. After considering all aspects of the matter, the Commission, in exercise of its powers conferred by Article 243K read with 243ZA of the Constitution and all other powers enabling it in this behalf and in supersession of its earlier instructions, hereby DIRECTS that the use of loudspeakers during the elections to Urban Local Bodies shall strictly be regulated as follows: -

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(i) The use of loudspeakers, whether fitted on vehicles of any kind whatsoever, or in static position used for public meetings for electioneering purposes, during the entire election period starting from the date of issue of election notification and ending with the date of declaration of results shall be permitted only between 6.00 a.m. and 10.00 p.m.

(ii) All loudspeakers whether used for general propaganda or for public meetings or procession and whether used on moving vehicles or otherwise, shall be used during the restricted hours only mentioned in clauses (i) above and never beyond.

(iii) All loudspeakers being used beyond the hours prescribed above, shall be

confiscated along with all the apparatus connected with the use of these loudspeakers.

(iv) All political parties, candidates and any other persons using any

loudspeakers on moving vehicles including but not restricted to trucks, tempos, cars, taxis, vans, three wheeler, scooters, cycle rickshaws, etc. shall intimate the registration number of those vehicles to the authorities granting permission to use the loudspeakers and such registration number of the vehicles shall be indicated on the permits granted by the authorities concerned.

(v) Any vehicle on which a loudspeaker is used without the said written permit

shall be confiscated forthwith alongwith the loudspeaker and all the apparatus used along with it.

(vi) All political parties, candidates and even any other person using a loudspeaker either on a moving vehicle or at a fixed place shall intimate:-

(1) the Returning Officer / Election Officer concerned, and (2) local Police authorities, in writing, the full details of the permits

obtained by them before using any of those loudspeakers. In the case of mobile loudspeakers, the registration / identification numbers of the vehicles shall also be registered by them with the Returning Officer / Election Officer concerned and the local Police authorities.

(vii) All political parties, contesting candidates shall obtain prior permission from the concerned local authorities to use loud speakers (public address system) at the public meetings convened by them as part of electioneering. However, such usage of loud speakers is permitted between 6.00 AM and 10.00 PM.

(viii) It shall be the responsibility of the local authorities granting permits for use of loudspeakers and the local Police authorities to strictly enforce that no loudspeaker is used by anyone in violation of any of the above directions.

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(ix) The political parties and candidates shall endeavour to see that no disturbance is caused in the areas adjacent to hospitals due to electioneering to avoid inconvenience to the patients.

5. No loudspeakers fitted on vehicles of any kind or in any other manner whatsoever shall be permitted to be used within the polling area during the period of 48 hours prior to the hour fixed for conclusion of the poll in any polling area. Even, after the close of poll proper law and order is required to be maintained till the declaration of result. Use of loudspeakers is generally regarded as source of public nuisance and can often give rise to tension in a politically surcharged atmosphere. The District Administration should, therefore, consider any application for permission to use loudspeakers on merit of each application and keeping in view the need to maintain proper law and order till the completion of election.

6. The above directions of the Commission, which will check noise pollution and disturbance of public peace and tranquility must be scrupulously implemented and strictly enforced by all election authorities concerned. Any violation thereof will be viewed by the Commission with grave concern and will invite severe disciplinary action against the defaulting officers.

7. A copy of this order shall be made available to local units of all recognized and registered political party units in the district and to each contested candidate at the time of his/her nomination under acknowledgement. A copy of this order shall also be made available to the Returning Officers and observers appointed by the Commission. 8. The receipt of this order should be acknowledged immediately.

( BY ORDER AND IN THE NAME OF THE STATE ELEC TION COMMISSIONER )

Sd/- K. Ram Gopal,

Secretary

To 1. All the Municipal Commissioners in the State. 2. The Commissioners of all the Municipal Corporations in the State. 3. All the Regional Directors-cum-Appellate Commissioners of Municipal Administration

in the State. 4. All the Superintendents of Police in the State. 5. All the Commissioners of Police in the State. 6. All the Collectors & District Election Authorities in the State. 7. The Election Authority & Commissioner & Director Municipal Administration, AP. Hyd. Copy to:

1) All the Political Parties. 2) The Secretary to Government, MA & UD Department, AP., Secretariat, Hyderabad.

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ANNEXURE XXII

Elections / Most Immediate

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003.

CIRCULAR No.528/SEC-F1/2011-2 Dated: 01-07-2011

Sub:- SEC – 4th ordinary elections to Urban Local Bodies – Prevention of disfigurement of Public and Private places during elections – Instructions issued – Reg.

* * *

Private and public places are disfigured during the election time by way of pasting election advertisements and writings on the walls in violation of the Model Code of Conduct.

2. In order to prevent such disfigurement, the A.P State Legislature has enacted A.P. Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable posters and Advertisements Act, 1997 (Act 28 of 1997).

3. Section 4 of the said Act makes the disfigurement of any public or private place as an offence punishable with imprisonment which may extend upto 3 months or with fine which shall not be less than one thousand rupees but which may extend upto 2,000 rupees or with both. Abetment of such disfigurement is also made punishable under section 5 of that Act. Under section 6 thereof, the police officers are empowered to remove, erase, pull down and destroy objectionable advertisements.

4. The State Election Commission is of the firm view that this unhealthy practice of disfigurement / defacement of private and public properties during the election campaign should be curbed with a heavy hand by invoking the provisions of law referred above. The State Election Commission, therefore, directs the Municipal Commissioners / Commissioners of Municipal Corporations in the State to take immediate measures, wherever necessary, for restoration to original position of the defaced public / private properties by directing the political parties and contesting candidates to remove their posters/slogans and repaint the walls of public/private property at their own expenses. In case of failure to comply with the instructions, prosecution should be lodged against the concerned under the provisions of law referred above. Strict vigilance should be maintained to prevent such defacement of public/private property particularly during election campaign and appropriate legal action should be taken against the violators.

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5. The State Election Commission, hereby, directs the District Collectors and the Superintendents of Police / Commissioners of Police to strictly enforce the implementation of Model Code of Conduct by taking recourse to Sections 4 and 5 of the Act 28 of 1997 referred above by issuing suitable instructions to their subordinate officers and also by launching inspection teams from time to time during the campaign period. Prompt prosecution of offenders in the early stages of campaigning will act as great deterrent to others. They are also requested to give wide publicity to the provisions of the said Act and the Model Code of Conduct among the general public, political parties and contesting candidates, through print media, electronic media and other channels.

6. The Commission also directs that action taken in this regard and the prosecutions launched under the above Act during the period of 4th ordinary elections to Urban Local Bodies should be informed to the Commission from time to time.

7. A copy of the said Act is enclosed for ready reference.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)

Sd/- K. Ram Gopal, Secretary To 1) The EA & Commissioner & Director of Municipal Administration, AP., Hyderabad. 2) All the Collectors & DEAs in the State. 3) The Commissioners of Police concerned. 4) All the Superintendents of Police in the State. 5) All the Commissioners of Municipal Corporations in the State. 6) All the Municipal Commissioners in the State. 7) All the Regional Directors-cum-Appellate Commissioners of Municipal Administration in the State. Copy to 1. The Secretary to Govt., MA&UD Department, AP., Secretariat, Hyderabad. 2. The Director General of Police, AP., Hyderabad.

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THE ANDHRA PRADESH GAZETTE PART – IV.B EXTRAORDINARY PUBLISHED BY AUTHORITY

------------------------------------------------------------------------------------------------ No.44 HYDERABAD, TUESDAY, NOVEMBER 25, 1997.

ANDHRA PRADESH ACTS, ORDINANCES AND REGULATIONS Etc.

The following Act of the Andhra Pradesh Legislative Assembly which was reserved by the Governor on the 20th January, 1993 for the consideration and assent of the President, received the assent of the President on the 17th November, 1997 and the said assent is hereby first published on the 25th November, 1997 in the Andhra Pradesh Gazette for general information:

ACT NO. 28 OF 1997 AN ACT TO PROVIDE FOR THE PREVENTION OF DISFIGUREMENT BY OBJECTIONABLE OR UNAUTHORISED ADVERTISEMENTS OF PLACES OPEN TO PUBLIC VIEW AND FOR THE PROHIBITION OF PRINTING, PUBLISHING AND DISPLAY OF OBSCENE POSTERS RELATING TO CINEMAS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty – eighth Year of the Republic of India as follows.:-

CHAPTER - I

PRELIMINARY 1. (1) This Act may be called the Andhra Pradesh

Prevention of the Disfigurements of Open Places and Prohibition of obscene and objectionable posters and Advertisements Act, 1997.

(2) It extends to the whole of the State of Andhra Pradesh

(3) It shall come into force on such date as the State Government may by notification in the Andhra Pradesh Gazette, appoint.

Short title, extent and Commencement.

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Definitions:

2. In this Act, unless the context otherwise requires-

(a) "advertisement" includes any notice, circular, hand-bill label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas;

(b) "authority" means an authority constituted under section 9;

(c) "government" means the State Government of Andhra Pradesh; (d) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly; (e) "objectionable advertisement" means any advertisement:- (i) Which is likely to incite any person to commit murder, sabotage or any offence involving violence; or (ii) Which is likely to seduce any member of the armed forces of the Union or of the Police forces from allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force: or

(iii) Which is likely to incite any section of the citizens of India to

commit an act of violence against any other section of the citizens of India: or

(iv) Which is deliberately intended to outrage the religious feelings

of any class of the citizens of India by insulting or blaspheming of profaning the religion or the religious beliefs of that else: or

(v) Which is grossly indecent, or scurrilous or obscene or is

intended to black - mail; Explanation :-An advertisement shall not be deemed to be

objectionable merely because words or sings or visible representations are used;

(1) expressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means. (2) criticising any social or religious practice without malicious intentions and with an honest view to promote social or religious reform or social Justice;

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(f) "Place open to public view" includes any private place or

building, monument, statue, post - wall, fence, tree or other thing

or contrivance visible to a person being in, or passing along, any

public place;

(g) "poster" means any printed, typed, hand written,

cyclostyled or Xeroxed matter or design or pictorial representation usually meant to be displayed as a play card or pasted on any wall, building, hoarding or other place open to public view whether by cinematography exhibition or otherwise but does not include the exhibition of a cinematograph film inside the auditorium of a cinema theatre;

(h)"prescribed" means prescribed by rules made under this

Act;

(i)"Public place" means any place (including a road, street or way, whether a thoroughfare or not and a landing place) to which the public are granted access of have a right to resort, or ever which they have a right to pass.

CHAPTER - II

Prevention of disfigurement of open places 3. Whoever affixes to, or inscribes or exhibits on any place open to public view any objectionable advertisement, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees or with both. 4. Whoever affixes to, or inscribes or exhibits on any place open to public view any advertisement without the written consent of the owner or occupier or person in management of the property in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees, or with both.

5. Whoever in any manner whatsoever punishment causes, procures, counsels, aids, abets or is accessory to, the Commission of any offence under section 3 or section 4 shall be punished with the punishment 4 shall be punished with the punishment provided for the offence.

Penalty for disfigurement by objectionable advertisements Penalty for unauthorized disfigurement by advertisement; Punishment of abettors

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Power to remove, erase, pull down and destroy objection-able advertise-ments. Central Act 2 of 1974 Obscene poster.

6. (1) Any police officer not below the power to rank of a Sub-- Inspector or any other officer, empowered in this behalf by the Government may remove, erase, or otherwise pull down any objectionable advertisement. (2) Any advertisement removed or pulled down under sub-section (1) or a photograph of any advertisement erased under that sub-section shall be produced before a Magistrate of the First Class and if, in the opinion of the Magistrate, such advertisement is an objectionable advertisement, the Magistrate may cause the advertisement or the photograph thereof to be destroyed after giving an opportunity of hearing to the advertiser wherever he is known and where he is not known after recording that fact, but if in the opinion of the Magistrate such advertisement is not an objectionable advertisement the Magistrate shall dispose it of in the manner provided in sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 or in the case of an advertisement which is erased make an order that it shall be restored at the cost of the Government.

CHAPTER – III

Prohibition of obscene posters etc . 7. A poster shall be deemed to be obscene if – (a) its effect is to tend debase and corrupt persons who are likely, having regard to all relevant circumstances, to read or see the matter contained or embodied in it; (b) it holds out or recommends to the public anything to be used as, or suggestive of, a sexual stimulant; (c) it undermines the accepted cannons of decency or encourages vicious or immoral acts; (d) it lowers the sacredness of the institution of marriage or depicts scenes of rape, criminal assault on women or other immoralities; (e) it exhibits the human form in a state of nudity or indecorous or sensual posture; or (f) it encourages lasciviousness or arouses impure and lecherous thoughts.

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8. Notwithstanding anything contained in any law or contract to the contrary, but subject to the provisions of this Act, no person shall print, publish, distribute or display or cause to be printed, published, distributed or displayed any obscene poster relating to a cinema in any public place.

9. The Government may, as soon as may be after the commencement of this Act, by notification constitute an authority or authorities for the purpose of determining all question relating to obscenity of a poster.

10. Every person who contravenes the provision of section 8 shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees or with both.

11. (1) The Commissioner of Police in the twin cities of Hyderabad and Secunderabad, Visakhapatnam and Vijayawada and the District Collector elsewhere may, -

(a) enter and search at all reasonable times with such assistance, if any, as he considers necessary any place in which he has reason to believe that an offence punishable under this chapter, has been or is being committed;

(b) seize, and detain any material which has reason to

believe contravenes any of the provisions of this chapter; (c) examine any record, register, document or any other

material or object found in any place mentioned in Clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this chapter.

(2) Where any property is seized under sub-section (1),

such seizure shall be reported to a Magistrate forthwith, and the provisions of Chapter XXXIV of the Code of Criminal Procedure, 1973, shall apply to the custody and disposal thereof as they apply to property referred to therein.

(3) The Commissioner of Police or the District Collector

may, by order, delegate the powers under this section to an officer not below the rank of an Inspector of Police or a Mandal Revenue Officer (Gazetted).

Prohibiting of printing, publishing or displaying obscene posters.

CONSTITUTION OF AUTHORITY

FOR DETERMINATION

OF QUESTIONS RELATING TO

OBSCENITY OF POSTER.

Penalty

Power to make search and seizure. Central “Act 2 of 1974 Central Act 2 of 1974.

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Forfeiture Compound- ing of offences. Offences by companies

12. Where a person has been convicted by any Court for contravening any provision of this chapter or any rule relating thereto, the court may direct that, any poster or other document (including all copies thereof), articles or things in respect of which the contravention is made, shall be forfeited) to the Government.

13. (1) The Commissioner of Police, in the twin cities of Hyderabad

and Secunderabad, Visakhapatnam and Vijayawada and the District Collector elsewhere may accept, from any person against whom a reasonable suspicion exists that he has committed any offence punishable under this chapter, such sum of money as may be prescribed by way of composition for the offence which such person is suspected to have committed. (2) On the payment of such sum of money to the Commissioner of Police or the District Collector, as the case may be the suspected person, if in custody, shall be discharged and no other proceedings shall be taken against him.

CHAPTER - IV

MISCELLANEOUS 14. (1) Where an offence has been committed by a company, every person who, at the time when the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation : For the purpose of this section, - (a) 'Company' means any body corporate and included a firm or other association of individuals; and

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(b) 'Director' in relation to a firm means a partner in the firm. 15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 the offences punishable under sections 3 and 4 shall be deemed to be cognizable offences within the meaning of that Code. 16. No court shall take cognizance of any offence punishable under this Act except on a complaint filed, in the twin cites of Hyderabad and Secunderabad, Visakhapatnam and Vijayawada by the Commissioner of Police or by any Police Officer not below the rank of an Inspector of Police authorized by him in this behalf and elsewhere by the District Collector or any Officer not below the rank of a Mandal Revenue Officer authorized by him in this behalf.

17. No suit, prosecution or other legal proceeding shall lie against the Government the authority any local authority or any public servant or person, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule made thereunder.

18. Where a person is prosecuted for committing an offence under section 4, the burden of proving that he has the written consent referred to in that section shall be on him. 19. The Government may, from time to time, issue such directions not inconsistent with the provisions of this Act or the rules made thereunder as they may think fit, setting out the principles which shall guide the authority in discharging its duties under this Act.

20. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom, usage or contract or decree or order of a Court or other authority.

21. (1) The Government may for the purposes of removing any difficulty, by order published in the Andhra Pradesh Gazette, direct that the provisions of this Act shall, during such period as may be specified in the order, have effect subject to such adoptations whether by way of modification, addition or omission as they may deem necessary or expedient :

Certain offences to be cognizable. Central Act 2 of 1974 Cognizance of offences. Protection of action taken in good faith

Burden of proof in certain cases. Power to issue directions. Act to override other laws. Power to remove difficulties.

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Power to make rules.

Provided that no such order shall be made after two years from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid before the Legislative Assembly of the State. (3) No order under sub-section (1) shall be called in question in any court on the ground that no difficulty as is referred to in sub-section (1) existed or was required to be removed. 22. (1) The Government may by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

G BHAVANI PRASAD, Secretary to Government,

Legislative Affairs & Justice Law Department

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ANNEXURE XXIII

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M.G.Road, Secunderabad - 500 003.

ORDER

No.552/SEC-F1/2011 Dt:11.07.2011

Sub:- A.P. SEC – Fourth Ordinary elections to Urban Local Bodies – Restrictions on the printing of pamphlets, posters, etc. – Orders – Issued.

***

I The printing and publication of election pamphlets, posters, etc., is governed by the provisions of Section 343 E of AP Municipalities Act, 1965 and Section 601 A of Greater Hyderabad Municipal Corporation Act, 1955. The said Sections which are identical, reads as follows:- Restrictions on the printing of pamphlets, posters , etc.

1. No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.

2. No person shall print or cause to be printed any election pamphlet or poster:- (a) Unless a declaration as to the identity of the publisher thereof, signed by

him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and

(b) Unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document:- (i) Where it is printed in the capital of the State, to the State Election

Commissioner and (ii) In any other case, to the District Magistrate of the district in which it is

printed. 3. For the purposes of this section:-

(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and

(b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time place and other particulars of an election meeting or routine instructions to election agents or workers.

4. Any person who contravenes any of the provisions of sub-section(1) or sub-section(2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both”.

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II The above restrictions on the printing of election pamphlets, posters, etc., have been imposed under the law with a view to establishing the identity of publishers and printers of such documents, so that if such document contains any matter or material which is illegal, offending or objectionable, like appeal on ground of religion, race, caste, community or language or character assassination of an opponent, etc,. necessary punitive or preventive action may be taken against the persons concerned. These restrictions also sub-serve the purpose of placing a check on the incurring of unauthorized election expenditure by political parties, candidates and their supporters on the printing and publication of election pamphlets, posters, etc. III At the time of elections, a large number of election pamphlets, posters etc., are printed, published, circulated and pasted on the walls of private and Government buildings in respect of which the above mentioned requirements of law have not been compiled with. IV In order to ensure strict observance of, and compliance with, the requirements of the above mentioned provisions of law, the State Election Commission, in exercise of its powers under Article 243 K read with Article 243 ZA of Constitution of India and all other powers enabling it in this behalf, hereby directs as follows:-

(a) As soon as any election to directly elected offices in urban local bodies is announced by the State Election Commission, the District Magistrates shall, within three days of issue of election notifications write to all printing presses in their districts. (i) pointing out to them the requirements of above mentioned Sections

and specifically instructing them to indicate clearly in the print line the names and addresses of printer and publisher of any election pamphlets or posters or such other material printed by them.

(ii) asking the printing presses to send the copies of the printed material (alongwith three extra copies of each of such printed material) and the declaration obtained from the publisher as required under the said Sections within three days of its printing;

(iii) impressing on them in clear terms that any violation of the said provisions and the above directions of the Commission would be viewed very seriously and stern action, which may in appropriate cases include even the revocation of the licence of the printing press under the relevant laws would be taken.

(b) The Election Authority and Commissioner & Director Municipal Administration, Hyderabad shall do likewise in respect of the printing presses located at the State capital.

(c) Before undertaking the printing of any election pamphlets or posters, etc., the printer shall obtain from the publisher a declaration in the proforma prescribed by the Commission in Annexure-A, hereto. This declaration shall be duly signed by the publisher and attested by two persons to whom the publisher is personally known. It should also be authenticated by the printer when it is forwarded to the Election Authority (Commissioner & Director Municipal Administration, Hyderabad) or the District Magistrate concerned as the case may be.

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(d) As directed above, the printer shall furnish four (4) copies of the printed material, along with the declaration of the publisher, within three (3) days of the printing thereof. Alongwith such printed material and the declaration, the printer shall also furnish the information regarding number of copies of the document printed and the price charged for such printing job, in the proforma prescribed by the Commission in Annexure – B, hereto. Such information shall be furnished by the printer, not collectively but separately, in respect of each election pamphlets, posters, etc., printed by him within three (3) days of the printing of each such document.

(e) As soon as a District Magistrate received any election pamphlets or posters, etc., from a printing press, he shall examine whether the publisher and printer have complied with the requirements of law and the above directions of the State Election Commission. He shall also cause one copy thereof to be exhibited at some conspicuous place in his office so that all political parties, candidates and other interested persons may be able to check whether the requirements of law have been duly compiled with relation to such document and which would also enable them to bring to the notice of the authorities concerned the cases of other election pamphlets, posters, etc., in respect of which the above requirements of law have been violated.

(f) The Election Authority & Commissioner & Director, Municipal Administration, Hyderabad shall also likewise take further follow up action as mentioned in sub-para (e) above in respect of the pamphlets, posters, etc., received by him.

(g) The Election Authority & Commissioner & Director, Municipal Administration, Hyderabad and the District Magistrates shall initiate prompt action for investigation forthwith if any case of publication of election pamphlets, posters, etc., in violation of the above mentioned provisions of said sections and / or the above directions of the Commission either comes, or is brought, to their notice. In all such cases prosecutions should be launched against the offenders most expeditiously and these cases should be pursued vigorously in the courts concerned.

V The Commission would like to request that all political parties should try to avoid the use of plastic / polythene for preparation of posters, banners etc., during election campaign.

VI The State Election Commission hereby cautions all political parties, candidates and others concerned that any violation of the law and the directions of the Commission on the above subject will be viewed with utmost concern and the severe stringent action possible will be taken against the offenders.

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VII If any officer who is responsible for the enforcement of the above provisions of law and the directions of the Commission is found to have failed in the due discharge of his duties in this regard, he will be liable to severe disciplinary action apart from any penal action that may be called for against him for breach of his official duty.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)

Sd/- K. Ram Gopal, Secretary

To 1. The Election Authority & Commissioner & Director, Municipal Administration, A.P., Hyderabad, 2. All the Collectors & District Election Authority in the State 3. All the Superintendents of Police in the State. 4. All the Commissioners of Police in the State. 5. All the Regional Directors-cum-Appellate Commissioners of Municipal Administration in the State. 6. All the Commissioners of the Municipal Corporations in the State. 7. All the Municipal Commissioners in the State. Copy to The Secretary to Govt., MA & UD Department, AP., Secretariat, Hyderabad.

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Annexure – A

Proforma for Declaration to be submitted by the Publisher of Election Posters, Pamphlets, etc.

(See Section 343 E of AP Municipalities Act, 1965 and Section 601 A of Hyderabad Municipal

Corporations Act, 1955)

I…………………………………………………. son/daughter/wife of………………..………

Name……………………………………………………………………….………..Resident of

…..…….……………………..(Village/town)…………………………(District)…………………

…………………….…(State), hereby declare that I am the publisher of

…………………………………………(Give brief particulars of election poster, pamphlet, etc.)

being printed by ……………………………………………………………………………

( Name of printing press)

Place……………………………………….

Date………………………

( Signature of Publisher )

Full Address…………………………………………………….

Attested by ( person personally known to publisher )

1. Signature ( name and address )

2. Signature

( name and address )

Countersigned by

Signature

(Name and address of Printer)

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Annexure – B Proforma for submission of information regarding printing of Election posters pamphlets etc.,

1. Name and address of printer ………………………………………………….

2. Name and address of publisher …………………………………………………

3. Date of the printing order of the publisher …………………………………….

4. Date of the declaration of the publishers ………………………………..

……………………………………………………………………………………

5. Brief particulars of election poster, pamphlet, etc ………………………………

6. Number of copies of the above document printed ……………………………

7. Date of printing ………………………………………………………………….

8. Printing charges (including cost of paper) being charged from the publisher in respect of

the above document ……………………………………………

Place ………………….. (Signature of Printer) Date …………………… Seal of the printer

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ANNEXURE XXIV

DOS AND DON’TS FOR GUIDANCE OF CANDIDATES AND ELECT ION AGENTS

• DOs

1. Do familiarize yourself with the legal provisions relating to elections. 2. Do make it a point to obtain the Electoral Rolls of the Municipality concerned. 3. Do check up your name and the particulars in the current electoral roll well before

deciding to stand for election. 4. Do check up that you are qualified to stand for election. 5. Do check up that you are not disqualified from standing for election. 6. Do check up the nomination form to ensure that it is in the prescribed form.

7. Do present the nomination form personally or send it through your proposer and no

one else. 8. Do ensure that your proposer is a voter in the ward to which you are contesting. 9. Do present more than one nomination paper, if you wish to do so. (Not more than 4

nominations can be presented by or on behalf of any candidate) 10. Do collect the receipt for the nomination paper so filed. 11. Do make it a point to attend the scrutiny of nominations personally. 12. Do check up that your name appears in the list of valid nominations 13. Do check up that your name is correctly entered in the list of validly nominated

candidates. 14. Do check up your name and other particulars in the list of contesting candidates for

its correctness.

15. Do find out the hours of poll as notified. 16. Do appoint the Election Agent in proper form and well in time. 17. Do obtain a copy of the list of Polling Stations.

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18. Do appoint a polling agent and two relief agents in proper form for each and every polling station well in time.

19. Do provide copies of electoral roll to your polling agents. 20. Do appoint a counting agents in proper form. 21. Do make it a point to attend counting personally. 22. Do maintain proper accounts of election expenses from the date of your nomination

as a candidate till the date of declaration of result in the proformas prescribed by State Election Commission

• DON’Ts

1. Don’t present the nomination paper before or after the specified hours fixed for the purpose.

2. Don’t present the nomination paper to any person other than Election Officer or the

Officer so authorised in this behalf 3. Don’t forget to make the required deposit 4. Do not issue identity slips bearing your name, your party or your symbol or

containing any exhortation to voters to vote for you. 5. Do not make gift or offer or promise of gratification to any person to induce another

to stand or not to stand as a candidate or to withdraw or not to withdraw his candidature or to vote refrain from voting at the election.

6. Don’t interfere directly or indirectly or attempt to interfere with the free exercise of

the electoral aright of any person. 7. Don’t appeal to voters to vote or refrain from voting on grounds of religion, race,

caste or community or language. 8. Don’t make use of religious symbols or national symbols in electioneering. 9. Don’t promote or attempt to promote feeling of enmity or hatred between different

classes of citizens on grounds of religion, race, caste, community or language. 10. Don’t publish false statements in regard to the personal character and conduct of any

candidate or in relation to the candidature or withdrawal of any candidate. 11. Don’t hire or provide vehicles for the conveyance of voters to and from the polling

stations.

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12. Don’t incur or authorise expenditure in connection with elections beyond the maximum prescribed for your elections.

13. Don’t procure the support of any Government servant. 14. Don’t indulge in misconduct at polling station. 15. Don’t induce disorderly conduct in or near any Polling Station. 16. Don’t hold public meeting in the polling area any time 48 hours before the hour fixed

for the closure of the poll. 17. Don’t create disturbances at election meetings. Don’t canvass within 100 metres of

the Polling Station on the date or dates of poll. 18. Don’t destroy fraudulently any nomination paper or any list or notice or any other

documents affixed by or under the authority of the Election Officer.

19. Don’t destroy, take out or otherwise interfere with electronic voting machine. 20. Don’t publish any statement or have it published with your consent or the consent of

your Election Agent which is false or which you believe to be false or do not believe to be true in relation to the personal character and conduct of any candidate or in relation to the candidates or withdrawal of any candidate, giving a statement reasonably calculated to prejudice the prospect of the candidate in the election.

21. Don’t threaten any candidate or any elector or any person with any kind of act

including social ostracism and ex-communication or expulsion from any caste or community.

22. Don’t induce or attempt to induce a candidate or an elector making him believe that

he or any person in whom he is interested will become or will be rendered the object of divine displeasure or spiritual censure.

23. Don’t abet the offence of personation to an election. 24. Don’t forget to lodge the election expenditure accounts with the District Election

Authority (district collector) within 45 days from the date of declaration of result.

25. Don’t use the cell phone either in the Polling Station or the Counting Hall.

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DOs AND DON’Ts FOR GUIDANCE OF POLLING AGENTS

The main duty of a Polling Agent is to see the interests of the candidate, who appointed him, are safeguarded at the polling station. • DOs:

1) Do carry a letter of appointment in the prescribed form signed by the candidate or his election agent and produce it before the Presiding Officer at the assigned polling station.

2) Do co-operate in having the electronic voting machine properly secured and sealed

according to the rules before, during and after close of the poll.

3) Do see that all the election records relating to the poll are secured and sealed properly after the close of the poll as required by the law.

4) Do detect and prevent impersonation of voters by challenging persons whose identity

as real voter is doubtful.

5) Do carry a copy of the current electoral roll of the polling station.

6) Do carry a list of names of the dead, absent or allegedly suspicious voters which might have been included in the electoral rolls.

7) Do carry a small brass seal to affix seals on covers containing election papers etc.

8) Do obtain attested copy of the ballot paper account from the Presiding Officer

concerned as per the rules. • DON’Ts:

1) Don’t communicate any person any information calculated to violate secrecy of voting.

2) Don’t interfere directly or indirectly with the free exercise of the electoral right of any

voter.

3) Don’t destroy, take out or otherwise interfere with any ballot box or ballot paper.

4) Don’t indulge in misconduct at the polling station.

5) Don’t abet the offence of personation.

6) Don’t canvass within 100 metres radius of the polling station on the date of poll.

7) Don’t carry cell phones into the polling station.

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DOs AND DON’Ts FOR GUIDANCE OF COUNTING AGENTS

• DOs:

1) Do deliver a letter of appointment in the prescribed form signed by the candidate or his election agent, to the Returning Officer/ Election Officer on the date fixed for counting of votes and sign the declaration contained therein before the Returning Officer / Election Officer.

2) Do co-operate with the Returning Officer / Election Officer in maintaining strict

discipline and order inside the counting hall.

3) Do acquaint yourself with rules and procedures relating to counting of votes.

4) Do inspect of seals affixed on ballot boxes/Electronic Voting Machines to satisfy yourself that they are intact and have not been tampered with.

• DON’Ts

1) Don’t communicate to any person any information calculated to violate secrecy of voting.

2) Don’t destroy, take out or otherwise interfere with the Electronic Voting Machines,

ballot boxes or ballot papers.

3) Don’t indulge in misconduct in the counting hall.

4) Don’t smoke inside the counting hall.

5) Don’t carry cell phones into the counting hall.

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ANNEXURE XXV

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003

O R D E R

No.558/SEC-F1/2011 Dated:19-07-2 011

Sub:- 4th ordinary elections to urban local bodies – Use of vehicles by the

candidates and political parties for campaigning and prevention of mis-use of official vehicles – Issue of instructions – Reg.

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The State Election Commission, in exercise of the powers conferred on it under Articles 243 K and 243 ZA of the Constitution of India and in the interest of preserving the purity of election process, hereby, issues the following instructions relating to use of vehicles during the ensuing ordinary elections to Urban Local bodies.

I During filing of nominations: The maximum number of vehicles that will be

allowed to come within the periphery of 100 meters of office of the Returning Officers / Election Officers office shall be two.

II Use of vehicles for campaigning: 1. The candidates contesting the office of Ward Members of the urban local bodies

shall furnish details of the vehicles intended to be used by them for campaigning to the Municipal Commissioners / Commissioners of Municipal Corporations concerned. Only after proper permission / authorization has been issued by the Municipal Commissioner concerned, the vehicles so notified by the candidates can be used for the election campaign. Thus, prior permission / authorization by the Municipal Commissioners / Commissioners of Municipal Corporations is a must for the actual deployment of any vehicle for campaign purpose by the candidates.

2. Permit for vehicles including two wheelers of candidates/political parties should be issued only by the Commissioner of the Municipal Corporation concerned / Municipal Commissioner concerned. (copy of model permit is enclosed)

3. A list of permits issued to the contesting candidates and political parties for plying vehicles for campaigning and on poll day should be given to the General Observer and Expenditure Observer concerned and also Returning Officer concerned and updated on daily basis.

4. Ministers, MLAs and MPs who want to campaign for their political party and not for a particular candidate, shall also notify the vehicles to be used by them to the

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Municipal Commissioners / Commissioners of Municipal Corporations concerned indicating the areas in which they intend to campaign. The restrictions imposed on convoy of vehicles in this order are also applicable to them.

5. The Municipal Commissioners / Commissioners of Municipal Corporations who issue the permission / authorization to the contesting candidates for the use of vehicles shall publish on their office notice boards details of the vehicles for which permission / authorization given to the contesting candidates and also release it to the press. This measure is intended to enable the common citizen to bring to the notice of the authorities any un-authorised use of vehicles for the election campaign.

6. Vehicles deployed for election campaign, as per the intimation given by the candidates, or by the election agents should not be requisitioned by the administration.

7. Any vehicle which has not been permitted to use for election campaigning by the Municipal Commissioners concerned is found being used for campaigning it shall be deemed to be on unauthorized campaigning for the candidate and will attract penal provisions of Chapter-IX (A) of the Indian Penal Code and shall therefore be immediately taken out of the campaign exercise.

8. Permits for vehicles should be issued from the day of publication of list of contesting candidates upto the date of declaration of results (except for the poll day).

9. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued.

10. Permit must be displayed in original prominently on the windscreen of the vehicles.

11. Permit should be of sufficient dimension so that it could be seen from a distance. 12. A register must be maintained in this matter in the office of the Commissioner of

the Municipal Corporation concerned / Municipal Commissioner concerned as well as Returning Officer concerned.

13. The vehicles permitted to be used under this order, shall not carry more than five persons including the driver.

14. Though there is no limit in respect of number of vehicles to be permitted for campaigning to each candidate/political party (except for the poll day), yet the use of vehicles by the contesting candidates during the campaigning is subject to restrictions imposed by the authorities concerned, keeping in view the traffic problems etc., to avoid inconvenience to the general public.

III Restrictions on convoy of vehicles: - 1. Cars/vehicles being used for electioneering purpose s, shall, under no

circumstances, be allowed to move in convoys of mor e than two vehicles during the campaigning period. All bigger convoys shall be broken up, even if they are carrying any Minister of Central or State Government. This shall, however, be subject to any security instructions issued in respect of any such individuals. In other words the convoy shall not, in any case, exceed two vehicles plus the security vehicles.

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2. If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are not allowed to be used by flouting the Commission’s orders till the process of election is completed.

3. The authorities concerned shall keep a close watch on the vehicles used by the

contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission’s instructions are not flouted.

4. Videography can be used effectively to check the use of unauthorized vehicles for campaigning as well as for violation of instructions regarding convoys.

IV Use of vehicles on the day of Poll: 1. Candidates contesting for the Office of Ward Member of the urban local bodies

shall be allowed only one vehicle for their movement within their ward on the polling day. It may be noted that no separate vehicle will be allowed for their agents or other party leaders. However, the use of vehicles by the contesting candidates on poll day is subject to the restrictions imposed by the Collectors & DEAs / Superintendents of Police / Commissioners of Police concerned, keeping in view of the traffic problems that may occur due to narrow lines and by lanes in urban local bodies to avoid inconvenience to the voters.

2. On the day of the poll, if the contesting candidate is absent from the ward, no

other person will be allowed to use the vehicle allotted for the candidate. 3. The Commissioner of the Municipal Corporations / Municipal Commissioners are

authorized to issue permits to the contesting candidates for use of vehicles during the day of poll as indicated above. This permit should be displayed on their vehicle.

4. The following type vehicles shall be allowed to be plied on the poll day –

a) Private vehicles being used by the owners for their private use, not connected with elections;

b) Private vehicles being used by owners either for themselves or for members of their own family for going to the polling booth to exercise their franchise, but not going anywhere within a radius of 200 meters of a polling station;

c) Vehicles used for essential services namely hospital Vans, Ambulance, Milk Vans, Water Tankers, electricity emergency duty Vans, Police on duty, Officers on election duty;

d) Public transport carriages like buses plying between fixed termini and on fixed routes;

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e) Taxis, three Wheelers, Scooters, Rickshaws etc., for going to Airports, Railway Stations, Inter-State Bus stands, Hospitals for journeys which cannot be avoided;

f) Private vehicles used by sick or disabled persons for their own use.

V Prevention of mis-use of “official vehicles” durin g elections:-

1) In the interest of preserving the purity of election process and rendering the same reflective of true choice of the people, the Commission has been issuing instructions and directions regarding the use of official vehicles.

2) For the purpose of these instructions vehicles means, and shall include, any vehicles used or capable of being used for the purpose of transport, whether propelled by mechanical power or otherwise and will include trucks, lorries, tempos, jeeps, cars, auto rickshaws, buses, belonging to the (1) Central Government, (2) State Government, (3) Public Undertakings of the Central and State Government. (4) Joint Sector Undertakings of Central and State Government, (5) Local Bodies, (6) Municipal Corporations, (7) Municipalities, (8) Marketing Boards, (by whatever name known) (9) Cooperative Societies, (10) Autonomous district councils.

3) The Commission directs that there shall be a total and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel during elections.

4) The use of such vehicles belonging to any of these authorities by anyone including Ministers of the Central or a State Government, even on payment, for campaigning or on tours connected with elections but with the alleged and bogusly certified purpose of election work in their capacity as Ministers is totally prohibited. The only exception from the prohibition will be the Chief Minister and other political personalities who might, in view of extremist and terrorist activities and threat to their lives, require security of a high order and whose security requirements are governed by any statutory provisions made by Parliament or the State Legislature in this behalf.

5) The Commission further directs that from the date of announcement of elections till the completion of elections, the District Administration shall keep a close watch on the use of all the above mentioned vehicles to see whether any such vehicles is being misused for electioneering for, or by, any candidate. If it is found that any of the above mentioned vehicles of Central Government or State Government, including those of public sector undertakings or local bodies is being used for electioneering purposes, the Collector & DEA shall, forthwith, requisition or cause to be requisitioned such vehicles, after following due procedure, for election work, to be used by officers performing election related duties. The vehicles so requisitioned shall not be released until after the completion of the process of elections.

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VI General:

1. The election authorities concerned and the Commissioners of Police /

Superintendents of Police concerned are requested to implement these instructions scrupulously. They are also directed to make necessary arrangements to open check posts in the areas, immediately upon the issue of notification for conduct of elections by the Commission, to effectively check un-authorised movement of vehicles during election campaign and on the day of poll and special drives also made till the completion of election process.

2. The contesting candidates and political parties are hereby informed that any contravention of these instructions will be viewed seriously by the State Election Commission.

3. A copy of this order shall be made available to the local units of all recognised National and State political parties and to each candidate or to the election agent authorized by him/her, at the time of filing nomination under acknowledgement.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)

Sd/- K. Ram Gopal, Secretary

To The Commissioners of all Municipal Corporations in the State. All the Municipal Commissioners in the State. All the Superintendents of Police. The Commissioners of Police concerned. All the Collectors & District Election Authorities in the State. The Election Authority & Commissioner & Director of Municipal Administration, Hyd. Copy to: The Secretary to Govt., MA & UD Department, AP., Secretariat, Hyderabad. All the Political parties. The Press.

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STATE ELECTION COMMISSION ANDHRA PRADESH

ORDINARY ELECTIONS TO__________________ (Name of the Urban Local Body)

VEHICLE PERMIT (No. )

1. Name & No. of the Ward : 2. Name of the Candidate : 3. Party Affiliation : 4. Vehicle No. :

5. Permission obtained from ________ to ________ 6. Area of operation : _________________ _

Commissioner ________ Mp l. Corpn / Date: Municipal Commissioner ____Mpltys & NPs . (With Office Seal )

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ANNEXURE XXVI

DECLARATION BY THE PRESIDING OFFICER

PART-I

Declaration by the Presiding Officer before the commencement of the poll Election from

Ward No. .................................

Name of the ward …………………….

Name of the Municipality ……………………

Name of the polling station………………

Date of Poll.......................................................

I hereby declare : (1) that I have demonstrated to the polling agents and other persons present .

(a) by holding a mock poll that the voting machine is in perfect working order and

that no vote is already recorded therein;

(b) that the marked copy of the electoral roll to be used during the poll does not

contain any marks other than those used for issuing postal ballot papers and

election duty certificates;

(c) that the Register of Voters (Form XXI) to be used during the poll does not contain

any entry in respect of any elector;

(2) that I have affixed my own signature on the paper seal(s) used for securing the Result

Section of control unit of the voting machine and obtained thereon the signatures of such

of the polling agents as are present and desirous of affixing the same.

(3) that I have written the serial number of the Control Unit on the special tag, and I have

affixed my signature on the back side of the special tag and also obtained thereon the

signatures of such of the candidates/polling agents as are present and desirous of affixing

their signature.

(4) that I have affixed my signature on the strip seal and also obtained thereon the signatures

of such of the candidates/polling agents as are present and desirous of affixing their

signature.

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(5) that I have read out the pre-printed serial number of the special tag and asked the

candidates/ polling agents present, to note down the serial number.

Signature ........................

Signature of polling agents: Presiding Officer 1. .............. (of candidate ..................) 2............. (of candidate ......................) 3. ...............(of candidate ..................) 4. .................. (of candidate ...............) 5. .............. (of candidate ....…..........) 6. ................. (of candidate .......….....) 7. ..............(of candidate ......….........) 8................ (of candidate ...................) 9. ............ (of candidate ...................) The following polling agent(s) declined to affix his/her/their signature(s), on this declaration:

1. ................ (of candidate ...............) 2. ............... (of candidate .................) 3. ............... (of candidate ................) 4. ................. (of candidate ................)

Signature..............................

Date.............................. Presiding Officer

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PART II

DECLARATION BY THE PRESIDING OFFICER AT THE TIME OF USE OF SUBSEQUENT VOTING MACHINE, IF ANY

ELECTION TO WARD NO.…………......................................... NAME OF THE WARD………… ……………..

NAME OF THE MUNICIPALITY ………………………… Serial No. and Name of Polling Station ..................................................................

Date of poll ...............................

I hereby declare :

(1) that I have demonstrated to the polling agents and other persons present .

(a) by holding a mock poll that the voting machine is in perfect working order and

that no vote is already recorded therein;

(b) that the marked copy of the electoral roll to be used during the poll does not

contain any marks other than those used for issuing postal ballot papers and

election duty certificates;

(c) that the Register of Voters (Form XXI) to be used during the poll does not contain

any entry in respect of any elector;

(2) that I have affixed my own signature on the paper seal(s) used for securing the Result

Section of control unit of the voting machine and obtained thereon the signatures of such

of the polling agents as are present and desirous of affixing the same.

(3) that I have written the serial number of the Control Unit on the special tag, and I have

affixed my signature on the back side of the special tag and also obtained thereon the

signatures of such of the candidates/polling agents as are present and desirous of affixing

their signature.

(4) that I have affixed my signature on the strip seal and also obtained thereon the signatures

of such of the candidates/polling agents as are present and desirous of affixing their

signature.

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(5) that I have read out the pre-printed serial number of the special tag and asked the

candidates/ polling agents present, to note down the serial number.

Signature ..............................

Signature of polling agents: Presiding Officer 1. ........... (of candidate ...............) 2. ............. (of candidate .................) 3. ............(of candidate ...............) 4. .............. (of candidate ................) 5. ............ (of candidate ..............) 6. .............. (of candidate ................) 7. ............ (of candidate ..............) 8. ............... (of candidate ...............) 9. ............ (of candidate ..............) The following polling agent(s) declined to affix his/her/their signature(s), on this declaration: 1. .............. (of candidate …...........) 2. ................. (of candidate …..........) 3. .............. (of candidate ...............) 4. ................. (of candidate ..............)

Signature.........................

Date......................... Presiding Officer

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PART III

DECLARATION AT THE END OF POLL

I have furnished to the polling agents, who were present at the polling station at the close of the

poll and whose signatures are affixed below, an attested copy of each of the entries in .part-i-

account of votes recorded. Of form xxiii as required under rule 86 of the conduct of elections

rules, 2005.

Signature......................... Date................................ Presiding Officer Time................................ Received an attested copy of the entries in the accounts of votes recorded (Part I of Form XXIII) Signature of polling agents : 1. ............. (of candidate ................) 2. ............ (of candidate .............) 3. ............. (of candidate ................) 4. ............ (of candidate ..............) 5. ..............(of candidate ................) 6. ..............(of candidate .............) 7. ............. (of candidate ................) 8. ............ (of candidate ..............) 9. ............. (of candidate ................) The following polling agents who were present at the close of the poll declined to receive an

attested copy of Part I of Form XXIII and to give a receipt therefor and so an attested copy of

that Form was not supplied to them.

1. ............. (of candidate ................) 2. ............ (of candidate .............) 3. ............. (of candidate ................) 4. ............ (of candidate ..............) 5. ..............(of candidate ................) 6. ..............(of candidate .............) 7. ............. (of candidate ................) 8. ............ (of candidate ..............) 9. ............. (of candidate ................)

Signature ........................ Date ............................... Presiding Officer Time................................

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PART IV

DECLARATION AFTER THE SEALING OF THE VOTING MACHINE I have affixed my seals, and I have allowed the polling agents who were present at the polling station at the close of poll to affix their seals, on the carrying cases of the control unit and balloting units of the voting machine. Date............................... Signature.............................. Time............................... Presiding Officer The following polling agents have affixed their seals. Signature of polling agents : 1. ............. (of candidate ................) 2. ............ (of candidate .............) 3. ............. (of candidate ................) 4. ............ (of candidate ..............) 5. ..............(of candidate ................) 6. ..............(of candidate .............) The following polling agents refused or did not want to affix their seals. 1. .............. (of candidate .............) 2. ................ (of candidate ............) 3. .............. (of candidate ….........) 4. .............. (of candidate ................)

Signature ........................

Date ............................... Presiding Officer

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ANNEXURE XXVII

FORM - XVII

[See rule 46 (2) (c) ]

List of challenged votes

Election of member to……………. Ward ………………………………..Municipality.

(No.) (Name of the ward)

Name and No. of the Polling Station ………………

Sl. No. of entry

Name of the elector

Serial number of Signature of thumb impression of person

challenged Part of roll Elector’s name in the part

(1) (2) (3) (4) (5)

Address of the person

challenged

Name of the identifier, if any

Name of the challenger

Orders of polling officer

Signature of challenger on

receiving refund of deposit

(6) (7) (8) (9) (10)

Date: ……………….. Signature of Presiding Officer

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ANNEXURE XXVIII

FORM – XXII

[See Rule (83)]

List of Tendered Votes

Election to the office of the………. Ward …………………..…… Municipality (No.) (Name of the ward)

No. & Name of the Polling Station ______________________________

Sl. No. Name of Elector Sl. No. of elector

in electoral roll

Sl. No. in Registered of voters (Form) of the person who has already voted in

place of elector

Signature / Thumb

impression of elector

1 2 3 4 5 6 7 8 9 10

Date: Signature of the Presiding Officer

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ANNEXURE XXIX

FORM – XXI

[See Rule 79]

Register of Voters

Election to the office of the member …………… Ward……………….…… Municipality (No.) (Name of the ward)

No. & Name of the Polling Station ______________________________

Sl .No. Sl. No. of elector in the electoral roll

Signature / Thumb impression of elector

Remarks

1

2

3

4

Etc

Date …………… Signature of the Presiding Officer

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ANNEXURE XXX

FORM No. XXIII

[See Rule (86) ]

PART – I – Account of Votes recorded

Election to the office of the ………. Ward …………………………..….. Municipality (No.) (Name of the ward) No. & Name of the Polling Station ______________________________ Identification No. of Voting Control Unit _________________________

Machine Number used at the polling station balloting unit ___________________

1. Total No. of electors assigned to the Polling Station.

2. Total No. of voters as entered in the

Register of voters( Form-XXI)

3. No. of voters decided not to record Voters under Rule 82.

4. No. of voters not allowed to vote under

Rule 80.

5. Total No. of votes recorded as per voting machine.

6. Whether the total No. of votes as shown

against item 5 tallies with the total No. of voters as shown against item 2 minus Nos.

of voters deciding not to record votes as against item No. 3 minus No. of voters as against item 4 [2-(3 + 4)] or any discrepancy noticed.

7. No. of voters to whom tendered ballot

Papers were issued under Rule 83. 8. No. of tendered ballot papers. Sl. NO. . From To

(a) received for use (b) issued to electors (c) not used returned

9. Account of papers seals

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1. Serial number of paper seal Sl. No. . From To

2. Total number supplied. 3. Number of paper seals used. 4. Number of unused paper seals returned to Election Officer (Deduct item 3 from item 2) 5. Serial number of damaged paper seal, if any

Signature of Polling Agents. 1. 2. 3. 4. 5. 6.

Date Place

Signature of Presiding Officer

Polling Station No.

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Part – II Result of counting

S.No. Name of the Candidate No. of Votes recorded 1 2 3 3 4 5 6 7 8 9 10

Total: Whether the total nos. of votes shown above tallies with the total No. of votes shown against item 5 of Part – I or any discrepancy noticed between the two totals. If any discrepancy noticed, the reasons for discrepancy are ……………………….. Place: Date:

Signature of Counting Supervisor Name of the candidate/election agent/counting agent Full signature

1. 2.

3. 4. 5. 6. 7. 8.

Signature of Election Officer.

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ANNEXURE XXXI

FORM - XX

[See Rule 58(1) ]

PART – I

Return showing the results of the election of member ……… Ward …………………. Municipality (No.) (Name of the ward)

Sl.No. Name of the Candidate No. of valid votes cast

1.

2.

3.

4.

5.

Total No. of valid votes ……………………………………………………. No. of rejected ballot papers in the ballot ………………………………………. Boxes

1. Signature of Election Officer

Date: 2. Signature of counting person

PART – II

Declaration to be made by the Election Officer

I do hereby declare that Sri / Smt ……………………………. has been duly elected as member…………….. Ward………………………….. Municipality. (No) (Name of the ward)

Note:- Throughout the rules including forms, for the words “Scheduled Castes,

Scheduled Tribes, Backward Classes and Women” the words “Scheduled Tribes, Scheduled

Castes, Women and Backward Classes” shall be substituted.

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ANNEXURE XXXII

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M.G.Road, Secunderabad - 500 003.

ORDER

No.537/SEC-F1/2011 Date: 01-07-2011

Sub:- Sec - 4th Ordinary Elections to Urban Local Bodies – Election Expenses – Maintenance and Scrutiny of Accounts of election expenses by the contesting candidates – Orders – Issued.

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Section 617 B (1) of GHMC Act, 1955 (in respect of Municipal Corporations) and Section 343 ZC (1) of APM Act, 1965 (in respect of Municipalities & Nagar Panchayats) stipulates that every candidate, at any election held under these Acts shall, either by himself/herself, or by his/her election agent, keep a separate and correct account of all expenses incurred in connection with the election, between the date on which the candidate concerned has been nominated, and the date of declaration of the result of the election, both dates inclusive (hereinafter in this order referred to as ‘election expenses’). Section 617 B (2) of GHMC Act, 1955 and Section 343 ZC (2) of APM Act, 1965 stipulates that the account of election expenses shall contain such particulars, as may by order, be specified by the State Election Commission. Section 617 B (3) of GHMC Act, 1955 and Section 343 ZC (3) of APM Act, 1965 stipulates that the total of the said expenses shall not exceed such amount, as may by order, be specified by the State Election Commission.

Section 617 C of GHMC Act, 1955 and Section 343 ZD of APM Act, 1965 stipulates that every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Election Authority, an account of his/her election expenses, which shall be a true copy of the account kept by him/her, or by his/her election agent, under Section 617 B of GHMC Act, 1955 and Section 343 ZC of APM Act, 1965.

Under Section 20 B of GHMC Act, 1965 and 15 B of APM Act, 1965 the State Election Commission is empowered to declare a candidate by an order to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and to have ceased to hold office, in case he/she is elected for failure to lodge an account of election expenses within the time and in the manner required by the said Acts.

In exercise of the powers conferred under Article 243 K and 243 ZA of the Constitution of India and also under Section 617 B (2) of the Greater Hyderabad Municipal Corporation Act, 1955 and Section 343 ZC (2) of the AP Municipalities Act, 1965, the State Election Commission, hereby, i ssues the following orders in connection with the maintenance of account of elect ion expenses for the office of Ward Member of a Municipal Corporation or a Municip ality or a Nagar Panchayat in the ensuing 4 th ordinary elections.

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1. Accounts to be in the proforma specified:- The day to day account of election expenses of the contesting candidates shall be maintained and submitted in Proforma I and the periodical abstract of election expenses / Final return shall be submitted in Proforma II, which are appended to this orders by each of the contesting candidate. The account of election expenses in the said two proformas shall be submitted for scrutiny on demand to the Returning Officers / Election Officers as the case may be or other authorities designated by the State Election Commission.

2. a) The ‘day-to-day’ basis true account of election expenses incurred by contesting candidate or his/her Election Agent and also by his/her supporters, any political party or body or association or other individuals supporting the candidature or for furthering chances of the candidate in the election shall be recorded in Proforma I.

b) For the purpose of clarity, the explanations given under Section 343 ZC(1) of the AP Municipalities Act, 1965 and under Section 617 B (1) of Greater Hyderabad Municipal Corporation Act, 1955 for the election expenses are reproduced below :-

Explanation-I. ‘Election expenses’ for purpose of these Acts shall mean all expenses in connection with the election,-

(a) incurred, or authorized by the contesting candidate, or by his/her election agent;

(b) incurred by any association, or body of persons, or by any individual (other than the candidate or his/her election agent), aimed at promoting or procuring the election of the candidate concerned; and

(c) incurred by any political party, by which the candidate is set up, so as to promote or procure his/her election:

Provided that any expenses incurred by any political party as part of its general propaganda, (which is distinguishable from its election campaign, for the promotion or procuring the election of a particular candidate), by words, either written or spoken, or by signs or visible representations, or by audio-visual devises, or through print or electronic media or otherwise, shall not constitute ‘election expenses’ for purposes of these Acts.

Explanation-II :- (1) For the removal of doubts, it is hereby declared that any expenses incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (9) of Section 17 (1) B of GHMC Act, 1955 and clause (9) of Section 343 A of APM Act, 1965 in the discharge or purported discharge of his/her official duty as mentioned in the proviso to that clause shall not be deemed to be expenses in connection with the election incurred or authorized by a candidate or by his/her election agent for the purposes of this sub-section.

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3. The day to day expenses accounts so maintained shall be supported by proper

vouchers, failing which it will not be treated as “true” account of expenses save in cases where it is not feasible to obtain vouchers.

4. Each of the supporting vouchers, enclosed with the account of election expenses, shall bear the signature in full of the contesting candidate or his/her election agent.

5. The candidate or his/her authorised agent shall prepare an abstract of the expenses periodically during the campaign period in the proforma II appended to this Order and the same shall be duly signed by the candidate or his/her election agent certifying its correctness and shall be submitted to the designated authorities for inspection and scrutiny.

6. The attention of all political parties and contesting candidates is, hereby, drawn to the provisions of Section 171 H of the Indian Penal Code which reads as follows:

“171 H. Illegal payments, in connection with an election:- whoever, without the general or special authority in writing of a candidate, incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority, obtains, within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he/she shall be deemed to have incurred, such expenses with the authority of the candidate”.

Thus, from the above provision of law, it may be noted that the expenses incurred by the supporters in connection with election of a candidate, without the knowledge or consent of the contesting candidate, is a criminal offence under the above law and persons, supporters, political parties, body or associations who commits such offence are liable for prosecution. And if such expense has been incurred with the knowledge or with the consent of the candidate, then the same should be included in the account of election expenses of the candidate.

7. In order to put effective curbs on the incurring or authorising of expense, in violation of the statutory provisions of the above-referred Section 171 H of the Indian Penal Code and in the interests of free and fair electors, the State Election Commission, hereby, directs as follows:

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(i) No political party or any other association, body or individual, shall put up any cut-outs, hoardings, wall paintings, flags, banners, buntings, advertisements in newspapers, electronic media etc., without the general or special authority (in writing) of the candidate whose election is sought to be promoted by such cut-outs, hoardings, etc., as is statutorily and mandatorily required under Section 171 H of the Indian Penal Code. Strict penal action, against those offending the above provisions of law, will be taken and prosecutions launched against them.

(ii) Subject to clause (iii) below, a political party or association or body may put up any cut-outs, hoarding, etc., referred in para 7 (i) above as part of its general propaganda, which is distinguishable from its election campaign for the promotion the election of a particular candidate. For example if the poster, banner etc. appeals to the voter to vote for a party in words or picture or photo of party office bearers only then it is a case of general publicity. But if a poster, banner etc. also appeals to vote for a particular candidate in words or picture or photo then the cost thereof should be counted towards the expenses of that candidate.

(iii) No political party, association, body or individual shall put up any cut-outs, hoarding etc., either under clause (i) or under clause (ii) above, unless prior written permission of the concerned Government authorities or local authorities like Corporations, Municipalities, Zilla Parishads, Town Area Committees, Panchayat Samities etc. has been obtained under the relevant local laws before putting up such cut-outs, hoarding etc.

(iv) Before granting any permission as envisaged in clause (iii) above, the concerned Government authorities or the local authorities mentioned above shall thoroughly examine the applications of the parties, association, bodies or individuals with a view to satisfying themselves that the putting up of such cut-outs, hoardings etc., on the proposed site does not compromise the safety and security of the general public and does not result in traffic and other hazards in any manner whatsoever. Such authorities shall also examine whether any authorisation from a particular candidate is required by the applicant in terms of clause (i) above and, if so, whether such authorisation has been obtained by the applicant.

(v) It shall be the responsibility of the Government authorities and local authorities mentioned above to ensure that no cut-outs, hoardings etc., are put up by any political party, association, body or individual on any highways, road-sides, traffic intersection and crossings, government buildings and property, like electricity and telephone poles, etc., without prior written permission of the concerned department or local body and the written authorisation of the candidate, where required, as mentioned above. Any cut-out, hoardings, etc. which have been put up without the required permission and authorisation should be got removed/demolished forthwith at the cost of the party, association, body or individual responsible for the unauthorised putting up of the same.

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(vi) Penal action shall also be initiated forthwith against such defaulting parties, associations, bodies or individuals by the aforementioned authorities under section 171 H, IPC and Section 4 and 5 of “A.P. Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable posters and Advertisements Act, 1997 (Act 28 of 1997)” the provisions whereof have been violated by the putting up of such unauthorised cut-outs, hoardings etc.

(vii) If any such instances either come, or are brought, to the notice of the

Election Expenditure Observer, General Observer, District Election Authority, Returning Officer / Election Officer or other authorities concerned with the conduct of elections, including the Police authorities, they shall take up forthwith the matter with the concerned authorities for prompt action as directed in clauses (v) and (vi) above.

8. The Commission, hereby, warns all the concerned that any violation of the above

directions will be viewed by the Commission with the utmost gravity and most stringent action possible under the law will be taken against the parties, associations, bodies or individuals responsible for such violations.

9. If any Officer is found to have failed to take prompt and expeditious action as envisaged above, he/she will render himself liable for strict disciplinary action for failure to discharge the official duty.

10. The State Election Commission directs that the day to day basis true account of expenses in the proforma I and the periodical abstract of expenses in the proforma II appended to this Order should be submitted by the contesting candidates to the authorities designated by the State Election Commission as specified below at least three times during the campaigning period. However, it shall be ensured that there is a gap of about 4 (four) days in between each inspection and first inspection may be on or after the third day from the last date for withdrawal of candidature.

11. In connection with fourth ordinary elections to Municipal Bodies in the State the Commission, hereby, designate the following authorities for the inspection and scrutiny of the day to day expenses and the periodical abstract of expenses during the campaign period.

Name of the office of election Authority designated

Ward Members of Municipal Corporations, Municipalities and Nagar Panchayats.

Returning Officer in respect of Municipal Corporations, Election Officer in respect of Municipalities & Nagar Panchayats concerned

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The Observers appointed by the Commission are authorized to inspect and scrutinise the expenses accounts maintained by the candidates, on dates as prescribed.

12. With a view to minimize the possibility of contesting candidates, their supporters, political parties, bodies or associations incurring expenses in excess of the ceilings prescribed by the State Election Commission, it is felt necessary that the daily returns and the periodical returns of expenses should be made transparent by making them available to the public and the other contesting candidates, who, can help the State Election Commission to effectively check the veracity of the returns with actual expenses being incurred by the contesting candidates and their supporters. It is, therefore, decided that the Returning Officers / Election Officers, should make photo copies of these returns available to other contesting candidates, any member of the public or Non-Governmental Organisation, on demand and on payment of xeroxing charges or a certified copy as per Section 76 of the Indian Evidence Act, 1872 and to the media, free of cost, so as to enable them to assist the State Election Commission in effectively implementing the ceilings imposed on the expenses to be incurred by the contesting candidates for various offices. The Commission is of the considered opinion that this exercise intended to bring transparency in election expenses will enhance the purity of elections and help in conduct of free and fair elections.

The Returning Officers are authorized to nominate officers to receive the accounts filed by the candidates in each ward and also notify the place where candidates or their election agents can file the election expenditure accounts in each ward. The nominated officers shall be available on the date and time indicated above at the places notified and shall receive, inspect and scrutinize the accounts submitted by the candidates and give consolidated report to the Returning Officer and to the Election Expenditure Observer.

The Election Expenditure Observers will also undertake inspection and scrutiny of all the expenditure accounts whenever they feel convenient on the said dates and they may also summon the expenditure accounts of any candidate from the officers nominated by the Returning Officers.

13. The final of return of election expenses including the abstract shall be submitted by the contesting candidates to the District Election Authority within 45 days from the date of declaration of results of the Office for which they had contested through the Commissioners of concerned Municipal Corporation or Municipal Commissioners concerned as the case may be. The District Election Authority, shall make these returns public, in the manner indicated in the preceding para and shall conduct such further enquiry as he/she deems necessary and shall forward the return along with the result of such enquiry, to the Commission.

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14. a) As soon as may be, after the expiration of the time specified in Section 617C of the GHMC Act, 1955 and 343 ZD of APM Act, 1965 for the lodging of the accounts of election expenses at any election, the District Election Authority shall, report to the State Election Commission, -

(i) the name of each contesting candidate; (ii) whether such candidate has lodged his/her account of election expenses,

and if so, the date on which such account has been lodged; and (iii) whether in his/her opinion such account has been lodged within the time

and in the manner required by the Act and these rules.

b) Where the District Election Authority is of the opinion that the account of election expenses of any candidate has not been lodged within the due date or in the manner prescribed in the Act and the Rules as required by the Law, he/she shall make a report to the State Election Commission and with every such report, forward the account of election expenses of that candidate and the vouchers lodged along with it, if any.

c) Immediately after the submission of the above report the District Election Authority shall publish a copy thereof affixing the same on his/her notice board.

15. The attention of the contesting candidates is also invited to Section 171-I of Indian Penal Code, according to which, the non-submission of returns on election expenses is a criminal offence.

16. The State Election Commission intends to super check the accounts, thus, filed through the above procedure and shall hold the candidates personally responsible for any defect or mis-representation or suppression of information.

17. The Election Authority & Commissioner & Director of Municipal Administration, AP., Hyderabad / District Election Authority / Additional Election Authority / Deputy District Election Authority, Municipal Commissioners and other officers relating to Municipal elections are directed to furnish the copy of these instructions to the contesting candidates under proper acknowledgement.

18. A copy of this order may also be supplied to the Election Expenditure Observers and Observers appointed by the State Election Commission.

(BY ORDER AND IN THE NAME OF STATE ELECTION COMMISS IONER)

Sd/- K. Ram Gopal Secretary To 1. The E A & Commissioner & Director of Municipal Administration, AP., Hyderabad. 2. All the District Collectors & District Election Authorities in the State. 3. All the Commissioners of Municipal Corporations in the State. 4. All the Municipal Commissioners of Municipalities and Nagar Panchayats in the

State. 5. All the Regional Directors-cum-Appellate Commissioners of Municipal Administration

in the State. Copy to the Principal Secretary to Government, MA & UD Dept., AP., Secretariat, Hyd.

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PROFORMA - I

PROFORMA FOR THE MAINTENANCE OF DAY TO DAY ACCOUNT OF ELECTION EXPENSES

Name of the Candidate : No. and Name of the Ward from : which he / she contested Date of Declaration of the result :

Date of Expenses

Name of Expenses

Amount of Expenses

--------------------------- Paid /

Outstanding

Date of Payment

Name & address of payee

Serial No. of voucher in case of

amount paid

Serial No. of bill in case of an

amount outstanding

Name & address of person to whom

the amount outstanding is

payable

Remarks

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

N.B:- It is not necessary to give the particulars (the name and address of payee) in regard to expenses for which vouchers are not required to be obtained. Signature of the Candidate / Election Agent Certified that this is a true copy of the account kept by me/my Election Agent.

Signature of the Contesting Candidate (FOR OFFICIAL USE ONLY) ( Acknowledgement ) The account of election expenses of…… (Candidate) from…..(No & Name of the Ward) result of which declared on………………….filled by him/or on his/her behalf by…………has been received by me today, the……………(date)…………………(month)……………..(year)

Returning Officer / Election Officer

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PROFORMA – II

ABSTRACT OF ELECTION EXPENSES ACCOUNT

Name of the Candidate:______________________ No & Name of the Ward from which he contested:______ Date of declaration of the result:______ Political Party:_________________________ expenses as on ______________________/ Final return.*

Sl. No.

Item of Expenses

Expenses incurred or authorized to

incur by the candidate or

his/her election agent

Expenses by Political Party/

Parties for promoting his/her

candidature

Expenses incurred by his/her supporters, (individuals / body /

associations etc.)

Total Expenses

Paid Committed but not paid Paid Committed

but not paid Paid Committed but not paid Paid Committed

but not paid 1 2 3 4 5 6

1. Expenses on Printing of election Campaign material

2. Expenses on pasting of posters and distribution of handbills

3. Expenses on hoardings, Wall Paintings, cutouts etc.

4. Expenses on advertisements in print & electronic media and supporters for campaign

5. Expenses on propaganda for public meetings.

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6. Hiring charges for campaign office & office establishment

7. Hiring charges for vehicles, cost of petrol, oil, lubrication charges etc. for vehicle use

8. Hiring charges of loud-speakers

9. Expenses on production & use of audio & video Cassettes, films slides etc.

10. Expenses on gates, arches & visits of VIPs and Party leaders for campaign

11. Expenses on refreshments given to supporters, polling agents, counting agents and to those for doing house to house campaign

12. Travel expenses by candidate or his agent or supporters etc authorised by him

13. Expenses on rallies, etc. organised by the candidate.

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14. Expenses incurred by other individuals, body, association supporters etc., towards election campaigns

15. Value of the publicity material supplied by political party / parties to the candidate

16. Misc. expenses not covered in above items.

Total:

Declaration: Certified that the particulars given above are true and correct to the best of my knowledge.

Signature of contesting candidate N.B:-

The account shall be countersigned by the candidate, if it is lodged by his/her election agent and should be certified by the

candidate to be correct copy of the account kept.

* Strike off which ever is not applicable.

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ANNEXURE - XXXIII Elections/ Most Immediate

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003.

C I R C U L A R

No.528/SEC-F1/2011-9 Dated: 01-07-2011

Sub:- Conduct of 4th ordinary elections to Urban Local Bodies - Tracking the presence of polling agents at the polling stations on the poll day and mandatory conduct of Mock Poll and certification therein – Certain instructions issued – Regarding.

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Highest importance has to be given to the integrity and transparency in the election process. Instructions were already issued about the conduct of mock poll in the Hand book of Returning Officers / Election Officers / Presiding Officers. The Commission considers that the presence of the agents appointed by the contesting candidates during their poll augurs well for transparency. On the other hand, presence of the agents of only one of the candidates and in the absence of other agents may lead to complaints.

Therefore, the Commission issues the following instructions:-

1. Candidates may be advised by the RO / EO to ensure that the agents reach the polling stations well in advance before the commencement of poll so that the pre-poll formalities such as issue of entry pass to the agents, conduct of mock poll etc., are done in time.

2. The Presiding Officers shall conduct mock poll, following the existing instructions, in the presence of the polling agents and prepare and sign the mock poll certificate in the prescribed format as in Annexure. Mock poll shall be conducted at least 30 minutes before the commencement of actual poll.

3. The Presiding Officer shall mention the names of the agents and the candidates they represent and obtain their signatures for the purpose of record.

4. The RO / EO through the Zonal Officers and using the communication link with the polling station/ mobile teams shall track the conduct or otherwise of mock poll and ascertain the mock poll status within 30 minutes. Non-confirmation of mock poll could be indicative of some problem on the part of Presiding Officer or the EVM and hence the Returning Officer / Election Officer shall make immediate intervention to sort out the problem.

5. The polling stations not having the presence of rival candidates of recognized parties and where the mock poll had to be conducted in the absence of agents shall merit focused attention of the election machinery. Interventions such as deployment of reserve micro-observers, deployment of video cameras, frequent visits by Zonal Officers and other senior officers could be made.

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6. After the completion of poll on the basis of mock poll certifications received from

the presiding officers, the Returning Officer / Election Officer shall prepare a list of such polling stations where the mock poll had to be conducted in the absence of agents or where at the time of mock poll the agents of more than one rival candidates of recognized parties were not present and special attention shall be paid to the documents received from such polling stations for proper scrutiny. The observers shall also pay their attention to this aspect.

This may be brought to the notice of all concerned.

Sd/- K. Ram Gopal SECRETARY

To 1) The EA & Commissioner & Director of Municipal Administration, AP., Hyderabad. 2) All the Collectors & DEAs in the State. 3) All the Commissioners of Municipal Corporations in the State. 4) All the Municipal Commissioners in the State. 5) All the Regional Directors-cum-Appellate Commissioners of Municipal Administration in the State.

Copy to the Secretary to Govt., MA & UD Department, AP., Secretariat, Hyderabad.

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MOCK POLL CERTIFICATE

This is certified that I, ______________________ Presiding Officer at the

Polling Station No.______ of ____ Ward Number conducted the mock poll at

________AM today, the poll day i.e.__________ duly following the instructions

issued by the State Election Commission.

A total of _______ votes were polled in the mock poll and after the mock poll

I have carefully cleared the memory and the total votes polled showed ‘0’ after

clearing the memory.

A. At the time of mock poll, the polling agents mentioned below

representing the candidates as indicated against their names were

present and I have obtained their signatures.

B. At the time of mock poll, the agent of only one contesting candidate was

present. After waiting for ten more minutes I conducted the mock poll

along with other polling staff at _________. I have mentioned the

name of the agent present at the time of mock poll including the name

of the candidate whom he represented.

(In case, no agent was present it shall be mentioned No Polling Agent was present

at the time of Mock Poll)

Name of the agent Name of the Candidate Signature of the agent

1)

2)

3)

4)

Date: Name & Signature of the PO

Time:

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A N N E X U R E -XXXIV

Elections/ Most Immediate

STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003.

C I R C U L A R No.528/SEC-F1/2011-5 Dated:01-07-2011

Sub:- Conduct of 4th ordinary elections to Urban Local Bodies - Restriction on number of vehicles and people at the time of filing nominations – Instructions – Issued - Reg.

>><< During the earlier elections to the Urban Local Bodies it was noticed that at the time of filing of nominations in the offices of the Returning Officers / Election Officers, proper control and order was not maintained due to overcrowding by the supporters of the candidates. In order to avoid over crowding and to ensure proper control and order at the time of filling of nominations, the Commission decided to issue the following directions that:

1) The Election Authority / District Election Authority / Commissioners of

Municipal Corporations / Municipal Commissioners may inform various political parities and interested groups that the maximum number of vehicles that will be allowed to come within the periphery of 100 meters of Returning Officer’s/ Assistant Returning Officer’s / Election Officers / Assistant Election Officers office shall be two.

2) Maximum number of persons that will be allowed to enter the office of Returning Officer’s/ Assistant Returning Officer’s / Election Officer’s / Assistant Election Officer’s at the time of filing nomination shall be the candidate plus two other individuals which may include the proposer proposing the nomination of the candidate i.e. there can be only three people (including the candidate) who can remain present inside the Returning Officer’s/ Assistant Returning Officer’s / Election Officer’s / Assistant Election Officer’s room at the time of filing nomination.

3) As per statute, the nomination paper can be delivered to the Returning Officer / Assistant Returning Officer / Election Officer / Assistant Election Officer either by the candidate in person or by his proposer. Where a candidate chooses not to be present physically to deliver the nomination paper, the proposer and two other individuals shall be allowed to enter the office of Returning Officer / Assistant Returning Officer / Election Officer / Assistant Election Officer.

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4) The expenditure on the vehicles that will come along with the candidate at the time of filing of nominations shall be taken into account for calculating his expenditure if he remains in the fray.

Sd/- K. Ram Gopal

SECRETARY

To 1) The EA & Commissioner & Director of Municipal Administration, AP., Hyderabad. 2) All the Collector & DEAs in the State. 3) All the Commissioners of Municipal Corporations in the State. 4) All the Municipal Commissioners in the State. 5) All the Regional Directors-cum-Appellate Commissioners of Municipal Administration in the State. Copy to the Secretary to Govt., MA & UD Department, AP., Secretariat, Hyderabad.