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Hand Book for Contesting Candidates in MUNICIPAL CORPORATIONS 2009 Issued by: STATE ELECTION COMMISSION 3 rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003
Hand Book
for
Contesting Candidates
in
MUNICIPAL CORPORATIONS
2009
Issued by: STATE ELECTION COMMISSION
3rd Floor, Buddha Bhavan,
M G Road, Secunderabad – 500 003
i
I N D E X
Sl.No. Chapter Details Page 1 Chapter – I Preliminary 1-2
2 Chapter –II Introduction of Voting Machine System
in Local body elections
3-6
3 Chapter- III Qualification & Disqualifications 7-8
4 Chapter –IV Notification for Elections 9-10
5 Chapter –V Nomination 11-16
6 Chapter – VI Scrutiny of Nominations 17-19
7 Chapter – VII Withdrawal of Candidature 20-21
8 Chapter – VIII List of contesting Candidates and
allotment of symbols
22-27
9 Chapter – IX Campaign Period 28-34
10 Chapter – X Preparation for the poll commissioning
of EVMs
35 – 46
11 Chapter – XI Polling Day 47-82
12 Chapter –XII Appointment of Election Agents Polling
Agents and Counting Agents
83-85
13 Chapter – XIII Counting of Votes 86 - 105
14 Chapter – XIV Account of election expenses 106 - 113
ii
List of Annexures
1. Annexure- I Extract of relevant provisions dealing with
qualification and disqualification of a
candidate
114 - 117
2. Annexure-II Form 8 of schedule A of HMC Act, 1955. 118
3. Annexure- III Form IV acknowledgement of nomination
form
119
4. Annexure- IV Form V – Notice of Scrutiny 120
5. Annexure- V Form I – Declaration as to choice of symbols 121
6. Annexure- VI Form II- Declaration for SC / ST / BC
Candidates
122
7. Annexure- VII Form III – Declaration to abide by the code of
conduct
123
8. Annexure- VIII Declaration in format shown on maintenance
of election expenditure accounts to be signed
in the presence of Returning Officer
124
9. Annexure- IX SEC Order No.809/SEC-B1/2003, dated
06.09.2003
125 – 129
10. Annexure –X SEC Order No.809/SEC-B/2003-3, dated
20.10.2003.
130 - 132
11. Annexure- XI Declaration on criminal antecedents, assets and
liabilities and educational qualification
133 – 134
12. Annexure- XII Declaration regarding disqualification 135
13. Annexure- XIII Form VI – publication of list of nomination
received
136
14. Annexure- XIV Form VIII – List of validly nominated
candidates
137
15. Annexure – XV Form 9 of schedule A of HMC Act- Form of
notice of withdrawal
138
iii
16. Annexure- XVI Form IX – Receipt of notice of withdrawal 139
17. Annexure- XVII Form X – Notice of withdrawals to be
published by Returning Officer
140
18. Annexure- XVIII Form XI – List of Contesting Candidates 141
19. Annexure- XIX Symbols order, 2001 142 - 151
20. Annexure- XX Form A 152 – 153
21. Annexure- XXI Form B 154 – 155
22. Annexure- XXII Model code of conduct 156 - 160
23. Annexure-XXIII Order No.636 issued by SEC on usage of
Loud speakers
161 – 164
24. Annexure- XXIV Order No.635 issued by SEC on disfigurement
of walls etc.,
165 - 166
25. Annexure- XXV Order No.657 issued by SEC on restrictions on
printing of pamphlets, posters etc.,
167 - 173
26. Annexure – XXVI SEC Order No.554/SEC-B2/2009, dated 19-05-2009 specifying alternate documents for identification of voters.
174-175
27 Annexure- XXVII Dos and Donts to be observed by the
candidates, election agents etc.,
176-180
28 Annexure- XXVIII Order No.639 issued by SEC on plying of
vehicles on the date of poll.
181-184
29 Annexure- XXIX Declarations by the Presiding Officer 185-189
30 Annexure- XXX List of challenged votes- Form XX 190
31 Annexure- XXXI Form of votes recorded in Form XXXVI 191-193
32 Annexure-XXXII Form XII – Appointment of election agent 194
33 Annexure- XXXIII Form XIV – Appointment of Polling Agent 195
34 Annexure- XXXIV Form XV – Appointment of Counting Agent 196
35 Annexure- XXXV SEC Order No.633/SEC-F1/2005 dated
03.08.2005
197-205
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36. Annexure- XXXVI Notice to candidate informing date, place &
time of counting (as at page 241 of the poll)
206
37 Annexure- XXXVII Form XVII Revocation of appointment of
Counting Agent
207
38 Annexure- XXXVIII Form XXX – Result Sheet 208
39 Annexure- XXXIX Form XXXI – Declaration of election 209
40 Annexure- XL Form XXXIII – Certificate of election 210
1
CHAPTER - I
PRELIMINARY
1. Introduction:
If you are a candidate for election to the office of Ward Member of Municipal
Corporation 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:
2.1 As per section 6(1) of Hyderabad Municipal Corporation Act, 1955 the term of
office of ward members at an ordinary election shall be 5 years from the date
fixed by the Commissioner for the first meeting of the Municipal Corporation.
3. Reservation for Scheduled Tribes, Women and Backward Classes:
3.1 The offices of Ward Members in the Municipal Corporations reserved for SC, ST
and BC will be notified by the Government in the State Gazette before every
ordinary election. This information will also be mentioned in the election
notification issued by the Returning Officer appointed for conduct of election of
Ward Members of the Municipal Corporation.
4. Registered voters: 4.1 The election to the office of Ward Members of the Municipal Corporations 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 is eligible to vote.
2
5. Electoral Rolls:
5.1 As per the provisions of section 12 of Hyderabad Municipal Corporation Act,
1955, the electoral roll of every ward of a Municipal Corporation is prepared by
the person authorised by State Election Commission duly adopting the latest
Assembly Electoral Roll so far as it relates to Municipal Corporation of any part
thereof and published on the date notified by the State Election Commission.
After publication of the electoral rolls of a Ward as aforesaid, publishing authority
cannot make sumoto inclusions or deletions or corrections in the electoral roll of
the Ward. 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 Municipal
Corporation will have to be carried out in the electoral roll of the Ward of the
Municipal Corporation.
3
CHAPTER-II
INTRODUCTION OF VOTING MACHINE SYSTEM IN LOCAL BODY
ELECTIONS
1. INTRODUCTORY
(1) Elections to the directly elected offices in the Urban local bodies have
hitherto been held under the traditional system of ballot papers and ballot
boxes.
(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. The voting machine has been designed keeping in
view the present system under which ballot papers and ballot boxes are
used.
(4) The State Election Commission has been trying to introduce EVMs in
elections to local bodies.
(5) 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.
(6) In view of this, new Section 60A has been inserted in Hyderabad
Municipal Corporation Act, 1955 to provide for use of EVMs in elections
to Municipal Corporations. The said section reads as follows:-
4
“ 60 A – 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 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.”
2. Detailed provisions relating to conduct of poll at polling stations and counting of
votes have been made in the AP Municipal Corporations ( Conduct of Election of
Members ) Rules, 2005. Besides this, new forms have been prescribed in the said
rules for conducting elections with EVMs.
3. BRIEF INTRODUCTION TO VOTING MACHINE
3.1 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.
3.2 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. 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.
5
3.3 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 number of candidates contesting the particular election. This button is called
the ‘Cand Set’ button and the while 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 for ascertaining separately the
results of Parliamentary and Assembly polls, 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.
3.4 The machine uses a modern micro-computer and other large scale integration
chips. It operation 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.
6
3.5 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.
3.6 Various operations on the balloting unit and the control unit to record the votes
and count them are explained in more details in Chapters IX to XII.
7
CHAPTER - III
1. QUALIFICATION AND DISQUALIFICATION 1.1 If you want to contest for the office of Ward Member of a Municipal
Corporations, you must posses certain qualifications as detailed below –
(a) If you are a candidate for the office of Ward Member of a Municipal Corporation,
you should be registered as a voter in the electoral roll of any of the Wards forming
part of the Municipal Corporation 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 a 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 (SC/ST/BC) can contest from an
unreserved seat.
2. Disqualifications: 2.1 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 any court to imprisonment or for an offence
involving moral turpitude.
(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 Corporation.
(d) You should not be employed as a paid legal practitioner on behalf of the Municipal
Corporation or as a legal practitioner against the Municipal Corporation.
8
(e) You should not hold any judicial office with jurisdiction within the limits of the city.
(f) You should not be in arrears of any dues otherwise than in a fiduciary capacity, to the
Municipal Corporation 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 or place of profit in a Municipal
Corporation, the Central Government or the State Government. A person shall not be
deemed to hold an office of profit in the Municipal Corporation by reason only that
he is a Mayor or a member of the Municipal Corporation.
(h) You should not have been disqualified under section 21 B of Hyderabad Municipal
Corporation Act, 1955 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 Wards of Municipal Corporation
(j) You should not be an undischarged insolvent.
(k) You should not have been dismissed from the service of Government, Corporations
or any Local Authority for misconduct and has been declared by a competent
authority to be not eligible for further employment in the public service.
(l) You having contested the election under this Act as a candidate, has failed to lodge a
return of election expenses within the time and in the manner prescribed unless five
years have elapsed from the date by which it ought to have been lodged or the
Government have removed the disqualifications.
(m) You had been disqualified for voting under section 20 unless such period has elapsed
for which he was disqualified for voting
Extracts of relevant provisions dealing with Qualifications and Disqualifications are
appended in Annexure - I.
9
CHAPTER IV NOTIFICATION FOR ELECTIONS 1. Election notification issued by the State Election Commission: 1.1 The election process is set in motion immediately on issue of notification by the
State Election Commission calling upon the voters of the Municipal Corporation
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 the provision
of Section 24 of Hyderabad Municipal Corporation Act, 1955. The election of
members will be conducted in a accordance with A.P.Municipal Corporations
(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
Municipal Corporation. The appointment of dates under the said rules is subject to
the following guidelines -
(1) the date on which the Returning Officer shall publish a notice under Section 35 of the
Hyderabad Municipal Corporation Act,1955.
(2) The Returning Officer shall affix on the notice board of the municipal office voters
list pertaining to various wards of the Municipal Corporations under Section 12 of
Hyderabad Municipal Corporation Act,1955 as per the direction of State Election
Commission.
(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 Returning Officer
whether or not it is a public holiday.
(4) The last date for the scrutiny of nomination, which shall be a date not later than the
third day after the date for making nominations.
(5) The last date for withdrawal of candidature which shall not be later than 3 ‘O’ clock
in the afternoon of the 3rd day after the date fixed for the scrutiny of nominations.
10
(6) The date on which the poll shall, if necessary be taken which of the first of which
shall be the date not earlier than the 12th day after the date for the withdrawal of
candidatures.
(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 Returning Officer:
2.1 The Returning Officer will prepare and publish on the date notified by the State
Election Commission, a notice under Section 35 of Hyderabad Municipal
Corporation Act, 1955 in Form 7 of Schedule A of the Act on the notice board of
the Municipal Corporation in such language or languages and in such places as
the Returning Officer thinks fit as per the directions of State Election
Commission.
(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.
(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:
3.1 On the date of publication of election notice, the Returning Officer shall affix a
notice on the notice board of the Municipal Corporation office showing the
current voters’ list pertaining to various wards of the Municipal Corporation.
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CHAPTER – V
NOMINATIONS
1. Receipt of nominations:
1.1 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 Returning Officer concerned under Section 35 of Hyderabad
Municipal Corporation Act, 1955. 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. Important points to be noted at the time of filing of nominations:
2.1 The nomination paper must be in the prescribed proforma i.e, Form 8 of
Sechedule A of Hyderabad Municipal Corporation Act, 1955 (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 Returning
Officer to any elector whose name is on the electoral roll of any ward of the
Corporation.
(b) Not more than 4 nominations shall be presented by on behalf of any candidate or
accepted by the Returning Officer for election in the same ward.
(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 Municipal Corporation) but the proposer shall be a person whose
name is registered on the electoral roll for that ward.
12
(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 Returning Officer or to
such other person as may be authorised by him in this behalf.
(h) The Returning 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
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 IV
(Annexure - III) and notice of scrutiny in Form V (Annexure – IV)
(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 make a declaration in Form – I
(Annexure – V), 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 Returning 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
13
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 SC, ST and BC, a
declaration in Form II (Annexure - VI) 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 papers.
(n) No nomination paper shall be received after the appointed time for the presentation
of nomination papers.
3. Declarations accompanying Nomination Papers: A) The Nominations filed under Section 36 of the Hyderabad Municipal
Corporation Act, 1955 shall be accompanied by the following declarations:-
(i) A declaration as to choice of symbols in Form – I (Annexure –V). (ii) Declaration about the SC, ST or BC status of the candidate in case the
nomination is filled for a Ward reserved for the said categories in Form – II (Annexure – VI).
(iii) Declaration to abide by the code of conduct in Form III (Annexure-VII). (iv) Declaration regarding election expenditure accounts: A candidate shall
also sign a declaration in the format shown (Annexure – VIII) regarding maintenance of Election Expenditure Accounts, in the presence of the Returning Officer before the date and time fixed for scrutiny of nominations. The Returning Officer shall countersign the declaration. The Returning Officer shall insist for submission of this declaration by the candidate. However, non-submission of this declaration will not be a ground for rejection of nomination paper.
B) The State Election Commission issued Order in reference No. 809/SEC-
B1/2003, dated.6.9.2003 (Annexure – IX) on disclosure of information regarding criminal antecedents, assets & liabilities and educational qualifications by candidates contesting local body elections and subsequently amended by Order No.809/SEC-B1/2003-8 dated.20.10.2003 (Annexure – X). As per the said orders –
1. Every contesting candidate for the office of Member of a Municipal
Corporation or his proposer shall along with his nomination paper furnish full and complete information regarding criminal antecedents, assets and liabilities and educational qualifications in the format of self declaration
14
prescribed in the orders referred to above (Annexure – XI) attested by 2 witnesses.
Nomination furnished without a declaration or affidavit, as the case may be,
by any candidate or his proposer shall be considered to be a violation to the said order issued by the State Election Commission and the nomination of the candidate shall be liable to be rejected by the Returning Officer at the time of scrutiny of nominations of the concerned candidate
(C) Declaration regarding dis-qualifications: A candidate shall sign a declaration
in the format given (Annexure – XII ) to the effect that he is not disqualified for being
chosen as Ward Member of the Corporation under Sections 21 A, 21 B and 22 of the
Hyderabad Municipal Corporation Act, 1955, in the presence of the Returning Officer
before the date and time fixed for scrutiny of nominations. The Returning Officer shall
countersign the declarations. Where more than one nomination form is filed by a
candidate only one declaration shall be sufficient.
3.1 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
4. Deposit:
4.1 As per Rule 3 of A.P. Municipal Corporations (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
an amount of rupees two thousand and where the candidate is a member of any of
the Scheduled Castes or Scheduled Tribes the amount to be deposited by him or
on his behalf shall be rupees one thousand only .
No candidate shall be deemed to be duly nominated for election to the office of
Ward Member if such deposit has not been made.
4.2 Separate deposit shall be required in respect of such each seat for which that
candidate wishes to stand.
15
4.3 The person belonging to SC/ST who wishes to pay reduced deposit shall furnish a
declaration in Form II (Annexure – VI) irrespective of the fact whether he is
contesting for a reserved or non-reserved seat.
The delivery to the Returning Officers of a receipt from a Government Treasury or Bank
wherein the Municipal Corporation has an account showing the payment by or on behalf
of a candidate to the credit of the Municipal Corporation, of the amount required to be
deposited shall be deemed to be a deposit
5. DISPOSAL OF DEPOSITS
5.1 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.
5.2 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.
5.3 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 valid votes polled, the deposit shall be forfeited to the
Municipality. For this purpose, the number of valid votes polled shall be deemed
to be the number of ballot papers other than spoiled ballot papers counted.
5.4 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
16
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.
5.5 A deposit made shall not be returned unless a claim thereof is delivered or sent by
post to the Returning 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 Returning 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.
6. Publication of List of Nominations received:
6.1 The Returning Officers shall publish the list of nominations received by him
everyday in Form VI immediately after expiry of the hour fixed for receipt of
nominations on the last date for receipt of nomination paper, the Returning
Officer or person authorised in this behalf shall publish in the municipal office a
list in Form VI (Annexure - XIII) of all nominations received with a notice that
the nomination papers will be taken up by the Returning Officer for scrutiny at the
Municipal Corporation 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 Returning 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 Section 35 of Hyderabad Municipal
Corporation Act,1955. 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 Returning Officer will give such persons all reasonable facilities
to examine the nomination papers of the candidates which were received by him.
(b) 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 rejections:
2.1 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 21A, 21B and 22 of Hyderabad
Municipal Corporation Act, 1955.
(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
(c) If there has been any failure on the part of the candidate or his proposer to comply
with any of the provisions of Section 36 and 37 of Hyderabad Municipal Corporation
Act, 1955.
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(d) If the nomination paper has been delivered to the Returning 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 Returning Officer.
(f) If the nomination paper has been delivered to a person other than Returning 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
3. Documents and other materials with which you should be present at the Time of
Scrutiny: 3.1 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 Returning
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;
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(d) The receipt for the nomination paper and notice of scrutiny which was handed over to
you by the Returning Officer or the authorised person on your presenting the
nomination paper; and
(e) Proof of being a member of Scheduled Caste / Scheduled Tribe / Backward Class, as
the case may be, if you are contesting a seat reserved for any of the said categories.
(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:
4.1 The Returning 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 Returning
Officer.
4.2 Immediately after completion of scrutiny of nominations, a list of validly
nominated candidates shall published in Form – VIII (Annexure - XIV). There
shall be one entry only in respect of each validly nominated candidates 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
1. WITHDRAWAL OF CANDIDATURE
1.1 According to sub-section (1) of Section 40 of Hyderabad Municipal Corporation
Act,1955, any candidate may withdraw his candidature by notice in writing in
Form – 9 (Annexure - XV) signed by the candidate and delivered to the Returning
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. 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.
1.2 You are requested to note the following four points which must be scrupulously
followed for withdrawal -
1. Notice of withdrawal in Form 9(Annexure – XV) to be delivered by you in
person to the Returning 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 9 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 Returning Officer before 3.00 PM on the last date fixed for withdrawal of candidate.
4. A receipt in Form IX (Annexure – XVI) should be obtained from the Returning Officer for having received notice of withdrawal in Form - 9.
1.3 You must also note that once a notice of withdrawal of your candidature is given
to the Returning 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 Returning Officer.
The Returning Officer on receiving a notice of the withdrawal shall, as soon as
may be, cause a notice of the withdrawal in Form X (Annexure - XVII) to be affixed on
the notice board of the Municipal Corporation Office.
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CHAPTER VIII
1. LIST OF CONTESTING CANDIDATES AND ALLOTMENT OF S YMBOLS
1.1 Immediately after the expiry of the time for withdrawal of candidature, the
Returning Officer concerned shall prepare the list of contesting candidates for the
office of the Ward Member in Form XI Annexure – XVIII under Rule 9 of the
A.P. Municipal Corporations (Conduct of Election of Members) Rules, 2005 and
publish it.
1.2 The names of the candidates shall be arranged 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
(ii) Candidates of registered Polities Parties
(iii) Other candidates.
1.3 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.
1.4 If the poll is found necessary i.e., if there are more than one candidate for the
office of the Member of Municipal Corporation the distinguishing symbol
assigned to them shall be specified against the name of each contesting candidate
in Form XI Annexure – XVIII and the Returning Officer shall publish the list of
contesting candidates for Ward Members of the Municipal Corporation as
specified in Rule 9 of the above Election Rules.
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1.5 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:
2.1 Under paragraph 10 of the Symbol Order, 2001, read with Clause 46-b of Section
2 of the Hyderabad Municipal Corporation Act, 1955 the State Election
Commission shall by notification in the Andhra Pradesh Gazette specify the
symbols including the symbols reserved for recognised political parties and
symbols reserved for registered political parties for exclusive allotment to
contesting candidates set up by such parties, that may be chosen by the candidates
contesting at an election to the offices of Ward Member and the restrictions to
which their choice shall be subject. A copy of the notification shall be obtained
from the Returning Officer and kept on hand.
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 XIX) in which the procedure for allotment of symbols to the contesting
candidates in elections to local bodies has been prescribed under paras 6 and 7 which is
reproduced below for ready reference.
4. Allotment of symbols to candidates set up by recognised and Registered Political
Parties
It is stipulated under paragraph 6 of symbol order that:-
(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.
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(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 at any election to the local
bodies in the State shall choose, and shall be allotted the 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 the
concerned recognised or registered political party for whom such symbol has
been reserved, even if no candidate has been set up by such party in such
election.
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 paragraph 6
of Symbol Order. The following instructions were issued by the State Election
Commission under paragraph 6 of Symbol Order, 2001.
5. 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, 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
Returning Officer in Form-B as shown in Annexure – XXI or authorise a
party functionary in Form -A as in Annexure – XX in respect of the
Municipal Corporation concerned and send such form duly signed by him, to
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the District Election Authority, that is, the District Collector concerned and
also to the Commissioner of Municipal Corporation concerned.
2. The Form-A to be submitted to the District Election Authority 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 Returning 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 Returning Officer concerned Ward in the
Municipal Corporation before 3.00 P.M. on the last date of withdrawal.
5. There is no objection, if the Form-A is signed by the party President or
General Secretary and the Form-B signed by the authorised party functionary
is directly submitted to the Returning Officer, and the Returning 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 Returning 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 Returning
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 –
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(a) Subsequent authorisation cancelling the earlier authorisation in Form B is
received by the Returning Officer concerned not later than 3.00 PM on the
last date of withdrawal.
(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 Returning 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 nomination paper that he 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
is still in the field).
10. Where a candidate has made a declaration in his nomination paper that he 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 shall
be treated as an independent candidate.
11. Where a candidate has not made a declaration in any of his nomination papers
that he has been set up by a particular political party, he 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 shall not be allotted the symbol
reserved for that party. He shall be treated as an independent.
6. Choice of symbols by Independent candidates and allotment thereof: The
candidates not set up by any recognised and registered political party is considered as
Independent candidates. The independent candidates are required to give declaration with
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Form - I, specified in Rule 4 of the Election Rules, indicating choice of 3 symbols in the
order of preference from the list of free symbols notified by the State Election
Commission, Member of the Municipal Corporation, to the Returning Officer. Taking
into consideration the choice of symbols given by the independent candidate, a free
symbol shall be allotted to each independent candidate as per the procedure indicated in
paragraph 7 of the Symbol Order, 2001 which is also reproduced below for ready
reference:-
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, 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 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 elected, the Returning 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 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 first and to no one else;
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CHAPTER – IX
CAMPAIGN PERIOD 1. Introduction: 1.1 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: 2.1 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 practices and electoral offences tend to mar
the smooth conduct of an election and disturb the atmosphere of friendly contest
that should prevail during the elections. Any corrupt practices and offences 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.
2.2 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, director 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
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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 arrangements , facilities or act or thing shall
not be deemed to be assistance for the furtherance of the prospects of that candidate’s
election.
(v) Your election expenses to exceed the legal maximum prescribed by the State Election
Commission;
(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 of any person on grounds
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);
29
(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 59A of Hyderabad Municipal Corporation Act,
1955. 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:
3.1 Apart from the above mentioned corrupt practices and electoral offences, the
election campaigns 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 conductive to the conduct of smooth election, the
Commission has prescribed a Model code of Conduct (Annexure - XXII) 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:
4.1 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
XXIII
5. Defacement of public or private property:
5.1 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
30
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 XXIV
6. Processions and meetings: 6.1 Your 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.
6.2 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.
7. 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
31
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. XXV
8. UNOFFICIAL IDENTITY SLIPS
8.1 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. 8.2 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.
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9. POLLING REHERSALS 9.1 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.
10. EDUCATING THE ELECTORS ABOUT THE VOTING PROCEDU RE 10.1 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.
10.2 Your workers should also fa4miliarize 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. An order issued by State Election
Commission vide No.554/SEC-B2/2009 dated19-05-2009 on compulsory
identification of voters prescribing specific documents is enclosed as Annexure –
XXVI. After an elector’s name is located in the electoral roll and his identity
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
33
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 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 conformation of the fact that his vote has been
duly records for the candidate of his choice..
11. Dos and Donts for Guidance of candidates: 11.1 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 XXVII. It should be
noted that these are not exhaustive but are only illustrative and for your guidance.
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CHAPTER-X
PREPARATION FOR THE POLL COMMISSIONING OF ELECTRONIC VOTING MACHINES
1. PRELIMINARY
While you are busy in your election campaign, the Returning Officer will be
equally busy in making arrangements and preparations for the conduct of poll. The
Returning Officer must have already procured the requisite number of voting machines
for use in the Ward. Immediately after the list of contesting candidates is prepared, the
Returning 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
Ward and obtain immediately the additional balloting units, if necessary, on such
reassessment. He will keep sufficient number of Control Units and Balloting Units in
reserve stock to meet any unforeseen or emergent situation.
2. THOROUGH TESTING OF MACHINES
2.1 Each and every machine has been thoroughly tested by the manufacturing
company 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 3.1 Before a voting machine is supplied to a Presiding Officer for use at a polling
station, some preparations are to be made in the machines at the Returning
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.
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4. NOTICE TO THE CANDIDATES ABOUT DATE AND TIME OF PREPARATION OF VOTING MACHINES 4.1 The Returning 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.
4.2 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 Returning 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.
5. PREPARATION OF THE BALLOTING UNIT 5.1 Each balloting unit has to be prepared at the Returning 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 6.1 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
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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 thirtytwo 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 units.
6.2 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 Returning Officer or stamped on its back with a rubber
stamp bearing the facsimile signature of the Returning Officer.
6.3 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
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panels of candidates on the ballot paper are in line with the corresponding grooves
on the balloting units.
6.4 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 …………………………………
Name of the Municipal Corporation:- .......................................................
Serial No..............................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 CANDIDATES. BUTTONS, WHICH ARE NOT TO BE USED 7.1 On the balloting unit, only those candidates. buttons should be visible which are
to be used by voters. In other wards, the number of candidates. buttons, which
should be visible will be equal to the number of contesting candidates. For
example, if the number of candidates 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 candidates. 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. Masking and unmasking of Candidate’s buttons
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8. SETTING OF SLIDE SWITCH 8.1 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.
8.2 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 its slide switch shall be set to the position marked '2'.
8.3 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 9.1 After the ballot paper has been inserted, fixed and sealed under the ballot paper
screen, the candidates. 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
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holes at the bottom specifically provided for the purpose, and attaching an address
tag containing the following particulars:-
"Ward No. .......................................... Name of the Ward........................................
Name of the Municipal Corporation …………………………………….
Balloting Unit No. .............................
Serial No. and name of polling station where used ..................................................
Date of poll .................................................................. .
9.2 The candidates or their agents will be allowed, if they so desire to affix their seals
on these address tags, in addition to the Returning Officer's seal.
9.3 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 10.1 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.
10.2 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.
10.3 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
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abovementioned 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 at the Back of Balloting Unit
10.4 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.
10.5 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 on the back of the Control Unit
10.6 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
11.1 Like the balloting unit, some preparations are to be made in the control unit also
of the voting machine at the Returning Officer's level. These preparations are:-
(1) Installation of the battery; (2) Setting the number of contesting candidates; and (3) Sealing that election of the Control unit which is called 'Candidate Set Section'
and which contains the battery and the button to set the number of candidates. 12. BATTERY INSTALLATION 12.1 The Electronic Voting Machine operates on a special battery, which is supplied
by the manufacturing company. A new battery will be used whenever a machine
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is used at any election. There is provision for installation of the battery in
compartment on the top side of the control unit in the 'Candidate Set Section'.
13. SETTING THE NUMBER OF CONTESTING CANDIDATES 13.1 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 units are 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.
(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
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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'.
13.2 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.
13.3 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 14.1 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).
14.2 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’ 15.1 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
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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.
15.2 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 Returning Officer's
seal. The address tag will contain the following particulars:-
Ward No. ...................................................... Name of the Ward ............................
Name of the Municipal Corporation ..................................
Control Unit No. ................................................................................
Serial No. and name of polling station where used ..............................................
Date of Poll .............................................................
15.3 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 Returning 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 16.1 Though each and every voting machine has already been fully tested, the Election
Officer will 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.
16.2 For conducting the above random test and check, the Returning Officer will hold
a mock poll on those machines by casting a few votes at random for each of the
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contesting candidates. Detailed instructions as to how the machines should be
operated upon for holding the mock poll are given in para 20 of Chapter - XI
16.3 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 in the
machines used for the mock poll.
17. SAFE PRESERVATION OF PREPARED VOTING MACHINES 17.1 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 Returning
Officer. The candidates and their agents will also be permitted to put their seals
on the lock, if they so desire.
17.2 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.
17.3 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 18.1 The Returning 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,
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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 19.1 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.
19.2 The register will have further provision for keeping proper account of the
machines received back from the Presiding Officers.
19.3 The reserve machines will be kept at a central place or places in the constituency
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 Returning Officers or some other senior officer specifically
nominated for the purpose by the Returning Officer.
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CHAPTER-XI
POLLING DAY 1. INTRODUCTORY 1.1 Poll is the most important event in the election process. It is through the poll that
the electors express their choice of the candidate to represent them in Wards of
the Municipal Corporation.
2. DECLARATION OF HOLIDAY ON POLLING DAYS 2.1 The election law provides that every person employed in any business, trade,
industrial undertaking or any other establishment and entitled to vote at election to
the Ward Members of the Municipal Corporation, 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 3.1 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 candidates; (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
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(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 4.1 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.
5. PREVENTION OF VOTERS FROM VOTING
5.1 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.
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6. ILLEGAL HIRING OR VEHICLES FOR THE CONVEYANCE OF VOTERS 6.1 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 607 of Hyderabad Municipal
Corporation Act, 1955. 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 -XXVIII 7. REMOVAL OF BALLOT PAPERS ON VOTING MACHINE FROM POLLING STATION TO BE AN OFFENCE 7.1 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
8.1 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.
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9. WHEN POLLING AGENT SHOULD REACH THE POLLING STAT ION 9.1 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 preliminary/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.
10. DUTIES OF POLLING AGENT 10.1 The main duty of your polling agent is to see that your interest 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 XXXVI 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
11.1 The polling agent should provide himself with the following items 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;
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(d) a small brass seal; and (e) pen, paper and pencil. 12. WEARING OF BADGE BY THE POLLING AGENTS
12.1 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
13.1 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 14.1 Apart from the electors, only the following persons can be admitted into the
polling station by the Presiding Officer:
(a) Polling Officers; (b) each candidate, his election agent and one polling agent of each candidate at a
time; (c) persons authorised by the Election Commission; (d) public servants on duty in connection with the election; 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.
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(e) Observers appointed by the Commission; (f) a child in arms accompanying an elector; (g) a person accompanying a blind or an infirm voter who cannot move without help;
and (h) 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 15.1 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.
15.2 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 registered parties, and (iv) independent candidates.
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16. PRELIMINARIES BEFORE THE COMMENCEMENT OF POLL 16.1 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) demonstate 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; (f) 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
(g) 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 17.1 Before a voting machine is put in actual use at the polling station some
preparations, in addition to the preparations made at the Returning 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
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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 18.1 The balloting unit is already duly prepared in all respects at the Returning
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.
18.2 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.
18.3 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 Returning Officer at the top and bottom portion on
the right hand side of the balloting unit are intact. 19. PREPARATION ON THE CONTROL UNIT 19.1 The polling agents will first be allowed to check the seal put by the Returning
Officer on the 'Candidate Set Section' on the left side of the control unit is intact.
This seal has been put by the Returning 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.
19.2 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 19.3 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.
19.4 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 20.1 Before commencing the poll, the Presiding Officer has to satisfy not only himself
but all polling agents present that the voting machine is in perfect working order
and that no votes have already been recorded in the machine. For such
satisfaction, he shall 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
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containing the 'Close' button. For reaching the 'Clear' button, he will 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. When the
'Clear' button is pressed, the Display Panels on the control unit will start
displaying the following information sequentially:
(every indication is followed by a beep sound) (if the machine is set for 9 candidates.)
Cd 9
to 0
01 0
02 0
03 0
04 0
05 0
07 0
08 0
09 0
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Note: If on pressing 'Clear' button, the Display Panels do not display the information as indicated above, it means that some of the earlier operations needed for clearing the machine have not been performed. To clear the machine, the Presiding Officer should ensure that balloting units and control unit have been properly linked. He should then press 'Close' button and thereafter press 'Result I' button. Now when he presses the 'Clear' button, the Display Panels will start displaying the information as indicated above. The display of the above information on the Display Panels shall satisfy the polling agents present at the polling station that no votes are already recorded in the machine. 20.2 After demonstrating as above that no votes are already recorded in the machine,
he shall then conduct a mock poll by recording a few votes at random for each of
the contesting candidates. These votes will be recorded in the manner explained in
more detail in para 31 below and by asking the polling agents to press any of the
candidate's buttons on the balloting unit according to their own choice. A careful
note will be kept of the votes so recorded so that the votes so recorded can be
tallied with the votes recorded by the machine when the result is ascertained at the
completion of the mock poll. The result of the mock poll will be ascertained by
pressing the button marked 'Result 1' in the Result Section of the control unit. On
that button being pressed, the display panels will show the number of votes
recorded for each candidate sequentially beginning with the contesting candidate
number 1. After the result has been ascertained and tallied, the machine shall
again be cleared by the Presiding Officer and all counts shall be set to ZERO by
pressing the 'Clear' button.
21. FIXING GREEN PAPER SEAL IN THE CONTROL UNIT 21.1 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
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fixing the same green paper seal which is used for securing a ballot box, in the
control unit of the voting machine.
21.2 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.
21.3 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.
21.4 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 Returning Officer through the two holes provided
in the inner door and though the hole provided in the Special Tag.
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CLOSING AND SEALING OF RESULT SECTIN OF CONTROL 22. SPECIAL TAG: 22.1 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 Returning 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.
23. CONTROL UNIT NUMBER: 23.1 Before the Special Tag is used, the Presiding Officer will write the serial number
of the Control Unit on the Special Tag.
24. SIGNATURE: 24.1 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 Returning Officer supplies 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
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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: 25.1 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 sides of the outer
cover.
25.2 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
Returning 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.
25.3 The address tag will contain the following particulars: "Ward No. .....................................Name of the Ward…………………….
Name of the Municipal Corporation ............................................
Control unit No .......................
Sl. No. and Name of Polling Station ...................................................................
Date of Poll .............................................................
25.4 The Returning 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.
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25.5 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.
25.6 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 26.1 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.
26.2 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.
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(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'. A drawing of the Strip Seal showing the outer side
and inner side is given below. The dark portions are the gummed portions on
inner side and outer side of the strip.
28. IMPORTANT CHANGE INFIXING THE GREEN PAPER SEAL 28.1 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
29. COMPLETE METHOD OF SEALING CONTROL UNIT INCLUDI NG USE OF STRIP SEAL 29.1 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.
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(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 STRIP SEAL: 30.1 In ECIL machine 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 a 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.
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 31.1 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 vide Item 9 of Part 1 of Form XXXVI appended to the Conduct of
Election Rules, 2005
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31.2 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 32.1 The voting machine is now ready in all respects for use for actual poll. 32.2 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/Fourth Polling Officer
where the control unit shall be kept and operated.
33. MAINTENANCE OF SECRECY OF VOTING 33.1 Every polling agent is required by section 602 of Hyderabad Municipal
Corporation Act, 1955, 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.
33.2 Before commencing the poll, the Presiding Officer will bring to the notice of all
present the provisions of aforesaid section 602 regarding their duty to maintain
the secrecy of the vote and the penalty for any breach thereof.
34. DECLARATION BY THE PRESIDING OFFICER BEFORE THE COMMENCEMENT OF POLL 34.1 After the Presiding Officer has gone through the preliminaries, as stated above he
will make a declaration in the prescribed form (Annexure -XXIX) 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
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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 35.1 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.
35.2 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 36.1 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 37.1 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 MACHINES 38.1 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.
38.2 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
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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 39.1 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 Commission has issued instructions in Order
No.554/SEC-B2/2009, dated 19-05-2009 , (Annexure XXVI) that the electors are
required to produce EPIC or any other identification document that may be
prescribed by the Commission 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 of
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:
'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. ..................................................................
39.2 The elector will then go with this voter's slip to the Fourth Polling Officer who is
in-charge of the control unit of the voting machine. Fouth 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
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procedure for recording the vote by means of the voting machine has been
explained in the preceding paragraph.
39.3 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
39.4 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 40.1 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 V OTERS
41.1 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
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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 42.1 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.
42.2 Even if the name of a voter is not mentioned in the above list of dead, absent a
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.
42.3 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 challenged
the identity of a voter only when they are sure about their identity of the person
challenged.
43. CHALLENGE FEE
43.1 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 therefore to the challenger in the
form prescribed by the State Election Commission.
44. SUMMARY INQUIRY INTO A CHALLENGE 44.1 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 - XXX) and ask him to sign or affix his
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thumb impression thereon. If the person challenged refuses to do so, the Presiding
Officer will not allow him to vote.
44.2 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 many 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.
44.3 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 OF FORFEITURE OF CHALLENGE FEE 45.1 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-XXX) and on the counterfoil
of the relevant receipt in the receipt book.
45.2 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
Municipal Corporation and will not return it to the challenger.
46. CLERICAL AND PRINTING ERRORS IN THE ELECTORAL R OLLS TO BE OVERLOOKED
46.1 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 an 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 47.1 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 48.1 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
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Presiding Officer shall obtain a declaration in a prescribed form from the person
concerned about his age.
48.2 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 taken action in respect of
such voters as mentioned above.
49. APPLICATION OF INDELIBLE INK 49.1 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.
49.2 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.
49.3 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.
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50. VOTING BY BLIND OR INFIRM VOTERS 50.1 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 ballotpaper or to record his vote on it without
assistance, he will permit the voter to take with him and 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 forgiving him assistance of a companion to record vote on his
behalf.
50.2 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 51.1 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 persons 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 appended to the 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
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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 52.1 If an elector, after his electoral roll number has been duly entered in the Register
of Voters (Form -XXXIV) 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
75. 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.
53. VIOLATION OF SECRECY OF VOTING
53.1 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.
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54. PRESIDING OFFICER’S ENTRY IN THE VOTING COMPART MENT DURING POLL 54.1 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
77 of conduct of Election Rules, 2005 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.
54.2 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 55.1 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 S.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 56.1 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
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.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.
56.2 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 - XXXVI
57. FURNISHING OF COPY OF ACCOUNT OF VOTES RECORDED (FORM XXXVI) BY THE PRESIDING OFFICER 57.1 Rule 79 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 - XXXVI (Annexure XXXI). He is also required
by the above rule to furnish to every polling agent present it the close of the poll
an attested copy of the account after obtaining a receipt therefore 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 - XXIX 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 58.1 After the poll has been closed and the account of votes recorded in the voting
machine has been prepared in Form - XXXVI 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 counting/collection centre.
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58.2 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.
58.3 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.
58.4 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- XXIX.
59. SEALING OF ELECTION PAPERS-AFFIXATION OF SEALS THEREON BY POLLING AGENTS 59.1 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 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 slips.
(iv) the tendered ballot papers and the list of tendered votes in Form - XXXV;
(v) the unused tendered ballot papers;
(vi) the list of challenged votes;
(vii) the unused and damaged paper seals, if any;
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(viii) appointment letters of polling agents; and
(ix) any other papers that the Returning Officer has directed to be kept in a sealed packet.
59.2 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 60.1 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 61.1 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 WHERE COUNTING IS NO T DONE ON THE POLLING DAY ITSELF 62.1 After the completion of poll in a Ward of a Municipal Corporation 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 Returning 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
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agent will be allowed to affix his scale 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
Returning 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 Returning 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 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.
63. ADJOURNED POLL 63.1 If there is a riot or open violence at the polling station or a natural calamity like
serve 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 58. 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 Returning 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.
63.2 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
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polling station concerned at which the poll was adjourned, and also a new voting
machine.
63.3 Before the commencement of the poll, the sealed packets containing the marked
copy of the electoral roll and Register of Voters will be reopend 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.
63.4 The provisions of rules 61 to 91 of conduct of Election Rules, 2005 will apply to
the conduct of an adjourned poll as the apply to the poll before it was so
adjourned.
64. FRESH POLL 64.1 If any voting machine 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 Returning Officer will report the facts of the Election Commission and the Election Authority. 64.2 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. 64.3 On receiving intimation from the Commission, the Returning Officer will inform
the contesting candidates or their election agent of the date, time and place fixed
for the fresh poll and affix a notice or his notice board notifying the date and
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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.
64.4 The fresh poll will be taken in the same manner as is prescribed for the original
poll
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CHAPTER – XII
APPONTMENT OF ELECTION AGENT, POLLING AGENT AND COUNTING AGENT
1. Election Agent: 1.1 As a candidate, you may appoint in writing some other person to be your election
agent. Such appointments may, if you so desire be made at any time you like.
The appointment shall be made in Form XII (Annexure - XXXII) and the notice
of appointment shall be given in writing to the Returning 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 22 of Hyderabad
Municipal Corporation Act, 1955 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
Returning 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: 2.1 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 XIV (Annexure – XXXIII) 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
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polling station at any given point of time only one polling agent or relief agent
can be present but not both.
2.2 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 Returning 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.
2.3 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.
(i) A person to be appointed as polling agent should be a local resident who can
identify the voters and is not an outsider.
(ii) The Returning 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.
(iii) The Returning Officer may cause verification of the anticedents of the persons by
the police authorities, in cases of doubt.
(iv) A person having criminal record or having a past record of indulging in electoral
malpractice or otherwise having a bad reputation of rowdy sheeter etc., having
potential to intimidate the voters shall not be appointed as polling agent.
(v) Contesting candidates intending to appoint a person from outside the local area,
for any exceptional reasons, shall make an application to the Returning Officer
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concerned in this behalf at least three days before the date of poll The Returning
Officer may permit such appointment after such further inquiry in addition to the
procedure stipulated in clause (iii) above, as he may deem fit, about the
antecedents of persons proposed to be appointed as polling agents from outside
the local area.
(vi) The three days time limit prescribed in clauses (ii) and (v) above can be relaxed
by the Returning 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.
3. Counting agent:
3.1 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 XV
(Annexure – XXXIV) and by forwarding it to the Returning Officer. One copy of
which shall be forwarded to the Returning Officer while the other copy shall be
made over to the counting agent for production before the Returning Officer on
the date fixed for counting and sign the declaration contained therein before the
Returning Officer and Returning Officer shall retain it for custody. The counting
agents so appointed by you may perform such functions in connection with
counting of votes as or 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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CHAPTER XIII
COUNTING OF VOTES 1. INTRODUCTORY 1.1 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.
1.2 Under the law, counting of votes is to be done by, or under the supervision and
direction of, the Returning Officer of the Ward in the presence of the candidates
and their agents. The law authorizes the Assistant Returning Officer also to
undertake the counting of votes. The counting of votes may be simultaneously
done at places more than one and at tables more than one at the same place. As
the candidate or his election agent cannot be expected to be physically present at
each of such counting places and tables the law permits the candidate to appoint
his counting agents who may be present at each of the said counting places and
counting tables and watch his interests.
2. DATE, PLACE AND TIME OF COUNTING
2.1 The Returning Officer will give notice to you or to your election agent, at least
one week before the date or the first of the dates fixed for the poll, of the place,
date and time fixed for the counting of the votes, in the form vide Annexure
XXXVI.
2.2 If for any unavoidable reason the Returning Officer is unable to proceed with the
counting at the place and at the time and on the date fixed and communicated to
you, he will postpone the counting and fix another date and time and if necessary
another place for the counting of votes. You or your election agent will be given
notice of every such change in writing.
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3. PERSONS ALLOWED IN COUNTING HALL
3.1 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.
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 Returning 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.
4. NUMBER OF COUNTING AGENTS THAT MAY BE APPOINTED
4.1 Under the instructions of the Election Commission, a candidate can appoint one
counting agent for each of counting tables to be provided by the Returning
Officer.
4.2 As mentioned above, the Returning Officer will intimate in writing to each
candidate or his election agent, at least one week before the date fixed for the poll,
the place or places where the counting of votes will be done and date and time at
which the counting will commence. He will also inform them sufficiently in
advance about the number of counting tables that will be provided in the counting
hall, so that they may appoint their counting agents accordingly.
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5. QUALIFICATION FOR COUNTING AGENTS
5.1 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.
5.2 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.
5.3 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 five or with both.
6. APPOINTMENT OF COUNTING AGENTS
6.1 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 XV appended to the
Conduct of Elections Rules, 2005 (Annexure - XXXIV). 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 Returning Officer while the other copy is given to
the counting agent for production before the Returning Officer.
6.2 A candidate may appoint all his counting agents by a single letter of appointment
in Form XV. In that case, all the counting agents are required to sign that letter of
appointment in token of having accepted the appointment.
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7. TIME LIMIT FOR MAKING APPOINTMENT OF COUNTING AG ENT
7.1 The Election Commission has directed that in all ward irrespective of the number
of contesting candidates in the ward, the candidates should submit the list of their
counting agents with photographs of such agents to the Returning Officer latest
1700 hours on the day three days before the date of counting. The Returning
Officer will prepare identity cards for such agents and issue the same to the
candidate.
7.2 The counting agent must produce those identity cards alongwith their letter of
appointment when they come to attend the counting.
7.3 The letter of appointment along with the identity card of counting agent must be
produced before the Returning Officer at least one hour before the time fixed for
counting votes. The Returning Officer will not accept any appointment letter
which is received after the aforesaid time.
8. REVOCATION OF APPOINTMENT OF COUNTING AGENT
8.1 The candidate or his election agent is authorised to revoke the appointment of a
counting agent.
8.2 Such revocation of appointment is made in Form XVI appended to the Conduct of
Elections Rules, 2005 (Annexure - XXXVII) and becomes operative from the
time at which it is lodged with the Returning 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.
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8.3 Appointment of such fresh counting agent is to be made in the same manner as
explained in para 6 above.
9. ADMISSION OF COUNTING AGENTS TO THE COUNTING HAL L
9.1 On production of his letter of appointment and the identity card before the
Returning Officer, the counting agent will be required to sign before the
Returning 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 Returning Officer will permit the counting agent
to enter the counting hall.
9.2 The Returning Officer is empowered to subject any counting agent to search of
his person before entry into the counting hall.
10. BADGES FOR COUNTING AGENTS
10.1 Each counting agent will be given a badge by the Returning 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 polling agent at the Returning Officer’s table will
be allowed to go around all counting tables.
11. MAINTENANCE OF DISCIPLINE AND ORDER IN THE COUN TING HALL
11.1 Every one should cooperate with the Returning Officer in maintaining discipline
and order inside the counting hall. They should not leave the counting hall
without the permission of the Returning Officer. They should carry out all
directions given by the Returning Officer. They should note that the Returning
Officer may send out of the counting hall any person who persists in disobeying
his directions.
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11.2 No counting agents and others 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.
11.3 All the reasonable facilities for drinking water, refreshment, toilet, etc., will be
provided adjacent to the counting hall.
12. SMOKING INSIDE THE COUNTING HALL IS PROHIBITED
12.1 If any person desires to smoke, 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 Returning Officer and without, however causing any dislocation in the
counting process.
13. SEATING ARRANGEMENT FOR COUNTING AGENTS
13.1 The counting will be done on the table arranged in rows. The tables in each row
will be serially numbered.
13.2 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.
13.3 On each counting table, the seating arrangement for the counting agents shall be
made having regard to the following categories on priority, namely:-
(i) candidates of recognised parties; (ii) candidates of registered parties; (iii) independent candidates.
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14. MAINTENANCE OF SECRECY
14.1 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 extent to 3 months or with fine or with both
(Section 602 of the Hyderabad Municipal Corporation Act, 1955)
14.2 Before the commencement of the counting of votes, the Returning Officer will
read out and explain the provisions of the above mentioned section 602 for the
information of all present and for compliance on their part.
15. COUNTING TO BE CONTINUOUS
15.1 The counting of votes will, as far as practicable, be proceeded with continuously
till it is over.
16. COUNTING OF POSTAL BALLOT PAPERS FIRST
16.1 The counting of postal ballot papers will be taken up first. This will be done by
the Returning Officer himself at the place of counting of votes
16.2 Each postal ballot paper received from a voter will be contained in an inner cover
in Form XXVII. This cover along with the declaration of the elector in Form
XXVI will be contained in larger cover in Form XXVIII addressed to the
Returning Officer.
16.3 The Returning Officer will not open any cover in Form XXVIII 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
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effect on the cover in Form XXVIII. The votes contained in these covers will not
be counted. He will make a packet of all such covers and seal the packet.
16.4 All covers in Form XXVIII containing postal ballot papers which were received
in time by the Returning Officer will be opened by him one after another. The
declaration by the voter in Form XXVI will be found inside each cover (Form
XXVIII). Before opening any of the inner covers (Form XXVII) containing the
postal ballot papers proper, the Returning Officer will check the declaration
(Form XXVI). He will reject a ballot paper without opening its inner cover (Form
XXVII) in any of the following cases:
(a) if the declaration in Form XXVI is not found in the cover in Form XXVIII
(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 inner cover in Form XXVII.
16.5 All such rejected covers in Form XXVII will be suitably endorsed by the
Returning Officer, and will be replaced with the respective declaration in the
larger covers in Form XXVIII. 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.
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16.6 Thereafter, the Returning Officer will proceed to deal with the remaining covers
in Form XXVII, i.e., 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 declaration in
Form XXVI which are found by the Returning 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 in Form
XXVII, as the declarations contain the names of the voters along with the
respective serial numbers of their postal ballot papers.
16.7 After the above procedure has been completed, the Returning Officer will proceed
to open the covers in Form XXVII one after another and the postal ballot papers
contained in them will be brought out. The Returning Officer will scrutinise every
such ballot paper and decide its validity. 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.
16.8 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 articular 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
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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.
16.9 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 final result sheet in Form XXX (Annexure –
XXXVIII) and announced for the information of the candidates/election agents/
counting agents.
16.10 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 Returning 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.
17. COUNTING OF VOTES POLLED AT POLLING STATIONS
17.1 While the postal ballot papers are being counted by the Returning 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 Returning 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, and so on. At each counting table,
votes cast at one polling station shall be taken up at a time. Thus, the counting of
votes of as many polling stations as there are the number of counting tables will
be simultaneously taken up in the first round of counting. The counting will be
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done and completed in as many rounds as are necessary having regard to the
number of counting tables and number of polling stations.
17.2 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.
17.3 Along with the control unit used at a polling station, the relevant account of votes
recorded in Form XXXVI pertaining to that polling station will also be supplied
to the counting table.
18. CHECKING SEALS ON CONTROL UNITS
18.1 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.
19. OPENING OF CARRYING CASES OF CONTROL UNITS
19.1 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.
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20. CHECKING OF SEALS AND IDENTITY MARKS ON THE CON TROL UNIT
20.1 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 Returning 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.
21. COMPARISON OF THE SERIAL NUMBER OF THE PAPER SEAL
21.1 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 XXXVI. 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.
21.2 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
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would be a prima-facie suspicion that the voting machine has been tampered with.
The Returning 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.
22. CONTROL UNITS TO BE KEPT APART IF FOUND TAMPERE D WITH
22.1 On the other hand, if the Returning 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. Under the
law, it is not necessary to adjourn the entire counting if any voting machine has
been found to have been tampered with. The Returning Officer will proceed with
the counting in respect of the other polling stations.
23. ASCERTAINING THE RESULT
23.1 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
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Display Panels of the control unit. Supposing, 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
07 51
08 94
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End (This is only an example)
N.B. Result II Button will be used for ascertaining the result of the second poll, if and
when the machine has been used for simultaneous poll. (At present only separate
machines are being used for assembly and parliamentary elections even during
simultaneous election to both State Assembly and House of the People)
(v) The above result as displayed sequentially candidate-wise shall be noted by the
counting supervisor in Part II-Result of Counting of Form XXXVI.
23.2 If required, the ‘Result I’ button can be pressed again to enable the candidates
and/or their agents to note down the above result.
23.3 After the result has been noted, the cover of Result Section will be closed and the
control unit switched off.
24. COMPLETION OF “PART II-RESULT OF COUNTING” OF F ORM XXXVI
24.1 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 XXXVI. He shall also note down in the said Part II of Form
XXXVI whether the total number of votes as shown in that part tallies with the
09 65
End
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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.
24.2 After the counting supervisor has duly filled in Part II of Form XXXVI, signed it
and got it signed by the candidates or their agents, he shall handover that Form to
the Returning Officer. The Returning 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 Returning Officer shall be sent to the
officer who is compiling the final result and preparing the Final Result Sheet in
Form XXX.
25. PREPARATION OF FINAL RESULT SHEET
25.1 The officer in-charge of compiling the final result and preparing the Final Result
Sheet in Form XXX (Annexure - XXXVIII) 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
XXXVI 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
XXX (Annexure - XXXVIII) against the polling station concerned.
25.2 The entries so made in Form XXX 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 Returning Officer
may cause the entries made in Form XXX to be written on a blackboard. This will
enable the counting agent to proceed uninterruptedly with the counting of votes at
other polling stations.
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26. RECOUNT
26.1 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.
26.2 Accordingly, after the entire counting is over, the Returning Officer will
announce the result giving the total number of votes polled by each candidate as
recorded in the Final Result Sheet (Form XXX).
26.3 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 Returning 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.
27. ADJOURNMENT OF COUNTING IN CASE OF FRESH POLL
27.1 Before taking any of the steps mentioned in the foregoing para, the Returning
Officer will wait for the direction of the Election Commission if he has made any
report to it about any voting machine having been found tampered with as
mentioned earlier in para 22 above. 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. The
counting so adjourned shall be recommenced after the fresh poll has been held, on
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such date and hour as the Returning Officer may fix in this behalf and completed
in recordance with the procedure prescribed above.
28. RESEALING OF VOTING MACHINES AFTER COUNTING
28.1 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 XXXVI and
in the Final Result Sheet in Form XXX, the control unit shall be resealed with the
seal of the Returning Officer.
28.2 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.
28.3 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.
(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.
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28. 4 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
their candidates that there is no possibility of the votes recorded therein being
tampered with.
28.5 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 deemed to
have polled one additional vote.
The Returning Officer will then complete and sign the result sheet.
29. EQUALITY OF VOTES
29.1 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 constituency 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
30. DECLARATION OF RESULT OF ELECTION
30.1 After the counting is complete in all respects and the Returning Officer has
completed and signed the Final Result Sheet, he will proceed to formally declare
the result of election, if there is no direction of the Commission to the contrary.
He will make the declaration of the result of election in Form XXXI (Annexure –
XXXIX).
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30.2 In case the Commission has issued any direction withholding the declaration of
result in any Ward until its further direction, any declaration of result by the
Returning Officer in contravention of any such direction shall be null and void
abinitio.
31. CERTIFICATION OF ELECTION
31.1 Soon after the declaration of result, the Returning Officer will grant to the
returned (elected) candidate a certificate of election in Form XXXIII (Anneuxure
– XL) and obtain from him an acknowledgement of its receipt duly signed by
him. In case he is not present at the time of declaration of result, he should
immediately contact the Returning Officer and obtain the certificate of election.
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CHAPTER – XIV
Account of election expenses
1. Statutory provisions:
Section 617 A, 617 B, 617 C of APM Act, 1965 and Rule 92 to 96 of AP
Municipal Corporations (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 elections to Member of Municipal
Corporation. There is a penal provision in section 20B or 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 617 A):- This Chapter shall apply to candidates of any
election held under this Act.
Account of election expenses (Section 617 B):- (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:
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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.
(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 617 C) :- 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 617 B.
Disqualification for failure to lodge account of election (Section 20B):- 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
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(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.”,
ELECTION EXPENDITURE RETURNS
Rule 92. Particulars of account of election expenses: (1) The account of election
expenses to be kept by a candidate or his election agent shall contain such particulars and
shall be in such proforma as may be specified by the State Election Commission.
(2) The account of Election Expenses shall be submitted to the District Election
Authority through the Commissioner within forty-five days of the declaration of the
result of the election. The date of submitting the return in the Office of the
Commissioner shall be deemed to be the date of filing the return under Section 617C of
the Act. The Commissioner shall forward all returns received by him to the District
Election Authority immediately on the expiry of forty-five days from the date of
declaration of the results of elections.
(3) The Commissioner shall also send a list of contesting candidates who have failed
to submit the accounts of election expenditure within the time specified in sub-rule (2).
He shall also forward any accounts of election expenditure submitted after the due date
with his report.
93. Notice by District Election Authority for inspection of accounts: The District
Election Authority shall, within two days from the date on which the account of
election expenses has been received by him, cause a notice to be affixed to his notice
board, specifying, -
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(a) the date on which the account has been lodged before the Commissioner,
(b) the name of the candidate; and
(c) the time and place at which such account can be inspected by any
intending person.
94. Inspection of account and the obtaining of copies thereof: Any person shall on
payment of a fee of five rupees, be entitled to inspect any such account and on
payment of a fee equal to cost of making copies be entitled to obtain attested copies of
such account or of any part thereof.
95. Report by District Election Authority as to the lodging of the Account of election
expenses and the decision of the State Election Commission thereon:
(1) As soon as may be, after the expiration of the time specified in section
617C of the Act for the lodging of the accounts of election expenses at any election, the
District Election Authority shall, report to the State Election Commission, -
(a) the name of each contesting candidate;
(b) whether such candidate has lodged his account of election expenses, and if
so, the date on which such account has been lodged; and
(c) whether in his opinion such account has been lodged within the time and
in the manner required by the Act and these rules.
(2) 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 lodged by not in the
manner required by the Act and these rules, he 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.
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(3) Immediately after the submission of the report referred to in sub-rule (1), the
District Election Authority shall publish a copy thereof affixing the same on his notice
board.
(4) As soon as may be, after the receipt of the report referred to in sub-rule(1), the
State Election Commission shall, consider the same and decide whether any contesting
candidate has failed to lodge the account of election expenses within the time and in the
manner required by the Act and these rules.
(5) Where the State Election Commission decides that a contesting candidate has failed to
lodge his account of election expenses within the time and / or in the manner required by
the Act and these rules, it shall by notice in writing call upon the candidate to show cause
why he should not be disqualified, and declared to have ceased to hold office in case he is
elected under section 20B of the Act for the failure.
(6) Any contesting candidate who has been called upon to show cause under sub-rule
(5) may, within twenty days of the receipt of such notice, submit in respect of the matter
a representation in writing to the State Election Commission, and shall at the same time
send to District Election Authority a copy of his representation together with a complete
account of his election expenses if he had not already furnished such an account.
(7) The District Election Authority shall, within five days of the receipt thereof,
forward to the State Election Commission, the copy of the representation and the account,
if any, with such comments as he wishes to make thereon.
(8) If, after considering the representation submitted by the candidate and the
comments made by the District Election Authority, and after such inquiry as it thinks fit,
the State Election Commission is satisfied that the candidate has no good reason or
justification for the failure to lodge his account, it shall declare him by an order made
under section 20B of the Act 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 the Act and if he is an
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elected candidate declare him to have ceased to hold office with immediate effect and
publish the order in the Official Gazette.
96. Maximum election expenses: - The total of the expenditure of which account is to
be kept under section 617 B of the Act, and which is incurred or authorised in
connection with an election shall not exceed the amount specified for in the order
made by the State Election Commission in this behalf.
2. Instructions issued by the State Election Commission:
2.1 Under Rule 92 (i) 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. 633/SEC
F1/2005 dated 3.8.2005(copy thereof is enclosed as Annexure - XXXV).
3. Officers designated for inspection:
3.1 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.633/SEC-F1/2005, dated.3.08.2005.
(Annexure – XXXV). The expenditure accounts maintained by the contesting candidates
for the office of member in the proformas prescribed can be inspected and scrutinized by
the Returning officer and by the Joint Collector of the district in which the corporation is
falling. As per the provision of section 617 D of the Hyderabad Municipal Corporation
Act, 1955, the State Election Commission also appoints Election Expenditure 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:
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4.1 The State Election Commission also issued orders in the Order No. 633/SEC-
F1/2005, dated.3.8.2005 (Annexure – XXXV) 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 Returning 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 Municipal Corporation. You shall obtain a copy of the notification from the
Returning Officer.
6. Furnishing copies of the notifications, orders issued by the State Election Commission to the candidates: 6.1 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: 7.1 As per the provision of section 617 C of Hyderabad Municipal Corporation
Act,1955, 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
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candidate and his election agent, if any, appointed. Failure to lodge election expenditure
accounts will make you liable for penal action contemplated in Section 20B
7.2 The Returning Officer 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.
A V S REDDY
STATE ELECTION COMMISSIONER
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ANNEX URE – I
Extracts of Rule 4 of AP Municipal Corporations (Registration of Electors) Rules,
1994 and Section 20B, 21, 21-A, 21-B and 22 of Hyderabad Municipal Corporations Act, 1955
20-B. Disqualification for failure to lodge account of election expenses:- If the State
Election Commission is satisfied that a person,-
(a) has failed to loge an account of election expenses within the time 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.”;
21. Qualification for being elected as a Member:- (1) Subject to the provisions of this
Act a person who is registered in any ward list. (and who is not less than twenty one
years of age), shall be qualified to be elected as a Member for any of the wards in the
city.
(2) Any person who ceases to be Member shall if qualified, under sub-section (1) and
not otherwise disqualified be eligible for re-election as such.
21-A. General disqualification:- A person shall be disqualified for being chosen as, or
for being a Member of a Corporation if he is otherwise disqualified by or under any law
for the time being in force for the purposes of elections to the legislature of the State
concerned:
Provided that no person shall be disqualified on the ground that he is less than
twenty five years of age, if he has attained the age of twenty one years.
114
21-B. Person having more than two children to be disqualified:- A person having
more than two children shall be 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 (excluding the child
if any birth within one year from date of such commencement) shall not be disqualified
under this section for long as the number of children 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 a person for reasons to be recorded in writing.
22. Disqualification for being a Member:- (1) Subject to the provisions of this Act, a
person shall be disqualified for being elected as a Member if such person is at the date of
election:-
(a) One who has been sentenced by any Court to imprisonment or for an offence
involving moral turpitude, such sentence not having been subsequently
reversed or quashed, or to death, such sentence having been subsequently
commuted or altered to transportation or imprisonment:
Provided that, on the expiry of such sentence the disqualification incurred under
this clause shall cease;
(b) is of unsound mind and stands so declared by a competent Court, a deaf-mute
or a leper;
(c) holds any office or place of profit under Government or under the Corporation
or under any local authority;
115
Provided that nothing in this clause shall apply to a person, who, for the time
being, is holding the office of the Chairman of an Urban Development Authority for the
development area comprising the Corporation, constituted under sub-section (1) of
Section 3 of the Andhra Pradesh Urban Areas (Development) Act, 1975.
(d) is an undischarged insolvent;
(e) holds any judicial office with jurisdiction within the limits of the city;
(f) is employed as paid legal practitioner on behalf of the Corporation, or accepts
employment as legal practitioner against the Corporation:
(g) having been a legal practitioner he has been dismissed or is under suspension
by order of the High Court on any of the following grounds; the
disqualification in the latter case being operative during the period of
suspension;
(i) a criminal offence implying a moral defect of character.
(ii) being guilty of fraudulent conduct.
(h) subject to the provisions of sub-section (2) has directly or indirectly, by
himself or his partner or if he belongs to a Joint Hindu Family, by any
member of such family, and share or interest in any contract or has
employment with by or on behalf of the Corporation;
(i) has been dismissed from the service of the Government, Corporation or any
local authority for misconduct and has been declared by a competent authority
to be not eligible for further employment in the public service;
(j) having contested the election under this Act as a candidate, has failed to lodge
a return of election expenses within the time and in the manner prescribed
unless five years have elapsed from the date by which it ought to have been
lodged or the Government have removed the disqualification;
(k) had been disqualified for voting under Section 20, unless such period has
elapsed for which he was disqualified for voting.
(2) A person shall not be deemed to have incurred disqualification under clause (h) of
Sub-section (1) by reason only of his
(a) receiving pension from the Corporation;
116
(b) having any share or interest in
(i) any lease, sale, exchange or purchase of land or any agreement for the same;
(ii) any agreement for the loan of money or any security for the payment of money
only;
(iii)any newspaper in which any advertisement relating to the affairs of the
Corporation is inserted;
(iv) any Joint Stock Company or any Society registered or deemed to be registered
under the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952
(Act XVI of 1952) which shall contract with or be employed by the
Commissioner on behalf of the Corporation;
(v) the occasional sale to the Commissioner on behalf of the Corporation of any
article in which he regularly trades to a value not exceeding in the aggregate
in any financial year rupees five thousand: or
(vi) the occasional letting out on hire to or hiring from the Corporation of any article
for an amount not exceeding in the aggregate in any financial year rupees one
thousand.
occupying as a tenant for the purpose of residence any premises belonging to the Corporation.
117
ANNEXURE – II
Schedule - A
Form 8
Nomination Paper
[see Section 36]
Election to the Municipal Corporation of the City of ………………
1. Name of the Ward ……………..
2. Name of Candidate ………………
3. Father’s / Husband ‘s Name ………………..
4. Age ……………..
5. Address …………………
6. If the candidate is a member of the [SC or ST or BC]
7. Ward in the list of voters in which the name of candidate is included
………..
8. Serial number of the candidate in the ward list of the ward in which his
name is included …………………..
9. Name of the proposer ………………
10. Serial number of the proposer in the ward list of the ward …………..
11. Signature of the proposer ………………………..
Declaration by candidate
I hereby declare that I agree to this nomination
Date :
Signature of Candidate.
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ANNEXURE - III
FORM – IV
[See rule 5]
Acknowledgment of Nomination Form
Serial No. ………………..
This nomination paper for the Election to the Office of Member of the Municipal
Corporation of …………………… from …………….. Ward was delivered at my Office
at (date and hour) …………………… by the *Candidate / Proposer.
Returning Officer /
Assistant Returning Officer.
Date: ………………….
* Strike off whichever is inapplicable.
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ANNEXURE - IV
FORM – V
[See rule 5]
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 Sri/Smt/Kum………………………………….. a candidate for
the election to the Office of Member of the Municipal Corporation of …………………..
from Ward was delivered to me at my office at …………….. (hour) on ………….. (date)
by the * Candidate / Proposer.
All nomination paper will be taken up for scrutiny at ………… (hour) on
………….(date) at ……………………(Place).
Returning Officer/
Asst. Returning Officer
*Strike off whichever is inapplicable.
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ANNEXURE - V
FORM – I [See rule 4]
DECLARATION AS TO CHOICE OF SYMBOLS
I am set up at this election as a candidate for the Office for Member from
……………… Ward ………………….. Municipal Corporation by ……………………...
party.
OR
I do hereby declare that the symbols which I have chosen for my election are
shown below in the order of preference.
1.
2.
3.
Signature of the Candidate
Date: Name:
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ANNEXURE - VI FORM – II [See rule 4]
Declaration for SC / ST / BC Candidates Declaration by a candidate who is a member of any of the *Schedule Tribes /
Scheduled Castes / Backward Classes to the election to the office of Member of the
Municipal Corporation of ……………………… from ……………… Ward.
I hereby declare that I am a member of the …………….. Tribe / Caste/ Class
which has been declared to be *Scheduled Tribe / Scheduled Caste / Backward Class in
Group A/B/C/D.
Signature of the Candidate.
Date: Name:
* Strike off whichever is inapplicable.
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ANNEXURE - VII
FORM – III
[See rule 4]
DECLARATION TO ABIDE BY THE CODE OF CONDUCT
I hereby 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 the Candidate
Name:
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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……………………………. Municipal Corporation……………………..,
having filed the nomination for the office of Member of …………………………………
Municipal Corporation hereby acknowledge that I have been supplied with a copy of the
State Election Commission’s Order No.633/SEC-F1/2005, dated 03.08.2005 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
Hyderabad Municipal Corporation Act, 1955 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
Returning Officer
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ANNEXURE – IX
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M.G.Road, Secunderabad – 500 003
ORDER
Order No.809/SEC-B1/2003 Dated:06.09.2003
Sub:- Disclosure of information regarding Criminal Antecedents, Assets and
Liabilities and Educational Qualifications by candidates contesting Local
Body elections.
Ref:- 1. Judgement dated 2.5.2002 of the Hon’ble Supreme Court of India in Civil Appeal No.7178 of 2002.
2. ECI Order No.3/ER/2002/JS-II/Vol-III, dated 28th June,2002. 3. The Representation of People (Third Amendment) Act,2002
(Central Act No.72) of 2002. 4. Judgement dated the 13th March,2003 of the Hon’ble Supreme
Court in W.P. (Civil) Nos 490, 509 and 515 of 2002. 5. ECI Order No.31/ER/2003/JS-II, dated the 27th March,2003.
***
The Hon’ble Supreme Court of India in its Judgement 1st cited directed the Election Commission of India to call for information by means of a sworn Affidavit from each candidate contesting election to Parliament or State Legislature, as necessary part of his nomination paper on the following aspects in relation to his/her candidature.
(1) Whether the candidate is convicted/acquitted/discharged of any criminal offence in the past-if any, whether he is punished with imprisonment or fine?
(2) Prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so, the details thereof;
(3) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and that of dependents.
(4) Liabilities, if any, particularly whether there are any over dues of any public financial institution or Government dues.
(5) The educational qualifications of the candidate. 2. Following the said judgement of the Hon’ble Supreme Court, the Election
Commission of India issued the order second cited in exercise of its plenary powers under Article 324 of the Constitution of India directing the every candidate filing nomination
125
paper for any election to the Council of States, House of the People, Legislative Assembly of a State or the Legislative Council of a State to furnish information required by the Supreme Court as stated above by means of a sworn affidavit in the format appended to the said order, as a necessary part of the nomination paper. Thereupon, the Government of India promulgated The Representation of the People (Amendment) Ordinance, 2002 (Ordinance No.4 of 2002) which was subsequently replaced by the Representation of the People (Third amendment) Act, 2002 which brought about the following Legislative changes namely:-
(i) Section 33A was inserted requiring every candidate to furnish
information, apart from any information which he is required to furnish, under the Representation of the People Act,1951 or the Rules made thereunder in his nomination paper delivered under sub-section (1) of section 33, as to whether,-
(a) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the Court of competent jurisdiction;
(b) he has been convicted of an offence (other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3), of section 8) and sentenced to imprisonment for one year or more.
(ii) Section 33B has been inserted, stating that no candidate is liable to
disclose or furnish any such information in respect of his election which is not required to be disclosed or furnished under the Representation of the People Act,1951 or the Rules made thereunder, notwithstanding anything contained in any judgement, decree or order of any Court or any direction, order or any other instruction issued by the Election Commission of India.
(iii) Section 75A has been inserted to provide for declaring the assets and liabilities to the Presiding Officer of the concerned House after election within ninety days from the date of taking oath or affirmation as Member.
(iv) No requirement for giving information on educational qualifications is provided.
(v) Penalty has been provided for giving false information in the affidavit.
3. The Representation of the People (Third Amendment Act) 2002 has been questioned in W.P.Nos. 490,509 and 515 of 2002 before the Hon’ble Supreme Court of India. In its Judgement dated 13th March,2003 the Hon’ble Supreme Court held that:
(i) Section 33B is unconstitutional; (ii) The information required to be provided in respect of criminal
antecedents in the newly inserted section 33A is reasonably adequate to safeguard the right to information vested in the voter/citizen.
126
(iii) The provisions made in newly inserted sections 75A regarding declaration of assets and liabilities of the elected candidate to the Speaker or Chairman of the House has failed to effectuate the right to information and freedom of expression of the voters/citizens and that Parliament ought to have made a provision for furnishing this information at the time of filing nomination;
(iv) Failure to provide for disclosure of educational qualifications does not, in practicable terms, infringe the freedom of expression; and
(v) The Election Commission of India has to issue revised instructions to ensure implementation of the newly inserted section 33A and the earlier orders dated 28th June,2002 of the Election Commission of India relating to disclosure of assets and liabilities which will still hold good and continue to be operate. However, in so far as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or suppressing material information should not be enforced.
4. Following the Judgement of the Hon’ble Supreme Court dated 13.3.2003, the
Election Commission of India issued revised orders fourth cited, the substance of which is as follows:-
(i) Every candidate at the time of filing his nomination paper for any election
to the Council of States, House of the People, Legislative Assembly of a State or the Legislative Council of a State having such a Council, shall furnish full and complete information in regard to the matters specified by the Hon’ble Supreme Court in an affidavit, the format of which is annexed to the order.
(ii) The said affidavit by each candidate shall be duly sworn before a Magistrate of the First Class or a Notary Public or a Commissioner of Oaths appointed by the High Court of the State concerned.
(iii) Non-furnishing of the affidavit by any candidate shall be considered to be violation of the order of the Hon’ble Supreme Court and the nomination of the candidate concerned shall be liable to rejection by the Returning Officer at the time of scrutiny of nominations for such non-furnishing of the affidavit.
(iv) The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the respective Returning Officers by displaying a copy of the affidavit on the notice board of his office and also by making the copies thereof available freely and liberally to all other candidates and the representatives of the print and electronic media.
(v) If any rival candidate furnishes information to the contrary by means of a duly sworn affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate concerned in the manner directed above.
127
(vi) It is also clarified that the earlier direction contained in para 14(4) of its earlier order dated 28th June,2002, in so far as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or suppressing material information is not enforceable in pursuance of the order dated 13th march,2003 of the Apex Court.
5. Though the aforesaid two judgements of the Supreme Court were delivered in
the context of securing to the voters the right to information with regard to the candidates contesting elections to the Legislative Assembly of a State or the Legislative council of a State having such Council and the Parliament, the spirit thereof equally applies to the voters exercising their franchise in elections to local bodies also, which have been conferred with Constitutional status. The democratic process should be common to all levels of electoral offices in the pyramid starting from the Gram Sabha to Lok Sabha. The Commonality of the powers between the State Election Commission and the Election Commission of India can be seen from the fact that Article 243-K is exactly in Parimateria with Article 324 of the Constitution of India. In view of this, the State Election Commission decided that the orders of the Supreme Court of India should be made applicable to elections to local bodies also.
6. Accordingly, the State Election Commission, in exercise of its powers under
article 243K read with article 243ZA of the Constitution of India and sections 200 and 201 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), section 10A of the Andhra Pradesh Municipalities Act,1965 (Act VI of 1965) and section 9 of the Hyderabad Municipal Corporation Act,1955 (Act II of 1956) in its application to Hyderabad Municipal Corporation or any other Municipal Corporation, constituted under the Andhra Pradesh Municipal Corporations Act,1994 (Act 25 of 1994) and of all other powers hereunto enabling it in this behalf, hereby directs as follows:-
(i) Every candidate contesting elections to the office of Member or Sarpanch
of a Gram Panchayat, Member of MPTC or ZPTC or Member of a Municipality, or his propposer, shall along with the nomination paper furnish full and complete information, apart from any other information which he is required to furnish, in regard to all the matters specified in the format of self declaration as in Annexure-I to this Order attested by two witnesses.
(ii) Every candidate contesting to the office of the Chairman of a Municipality or to the office of Member or Mayor of a Municipal Corporation, or his proposer shall, along with his nomination papers furnish full and complete information, apart from any other information which he is required to furnish, in regard to all the matters specified in the format of the affidavit as in Annexure-II to this Order sworn before a Notary Public or a Magistrate of the First Class.
(iii) Non furnishing of a declaration or affidavit as the case may be, by any candidate or his proposer, shall be considered to be a violation of this order and the nomination of the candidate concerned shall be liable to be
128
rejected by the Election Officer/Returning Officer, as the case may be, at the time of scrutiny of nomination of the concerned candidate.
(iv) 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.
(v) If any rival candidate furnishes information to the contrary, by means of a declaration attested by two witnesses or by means of sworn affidavit, 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; and
(vi) The Election Officer, or as the case may be, the Returning Officer shall not verify by means of a summary enquiry or otherwise the correctness or otherwise of the information furnished in the declaration/affidavit and reject the nomination paper on the ground that in his opinion the information furnished is incorrect.
7. This order applies to all elections to local bodies for which election notification is given on or after 2nd October, 2003.
(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)
Sd/- I.Rani Kumudini
Secretary To The Commissioner of Panchayat Raj & Rural Employment, A.P., Hyderabad. The Director of Municipal Administration, AP., Hyderabad. All the Collectors and District Election Authorities. All the Chief Executive Officers, Zilla Parishad. All the District Panchayat Officers. All the Commissioners of Nagar Panchayats/Municipalities/Municipal Corporations. Copy to: The Chief Secretary, Government of Andhra Pradesh. The Principal Secretary, Panchayat Raj Department. The Principal Secretary, Municipal Administration & Urban Development Department. The Principal Secretary to Chief Minister. All recognised and registered political parties. The Commissioner, Information & Public Relations, AP., Hyderabad.
129
ANNEXURE – X
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003
Order No.809/SEC-B1/2003-8 Dated:20-10-2003.
ORDER
Sub:- Disclosure of information regarding Criminal Antecedents, Assets and
Liabilities and Educational Qualifications by candidates contesting Local Body elections – amendment to order No.809/SEC-B12003, dated .9.2003 – issued.
Ref:- SEC order No.809/SEC-B1/2003, dated 6.9.2003.
*** The State Election Commission issued the order referred to above for the
disclosure of information, among others, relating to criminal antecedents by the
candidates contesting local body elections. So far as the persons contesting elections to
Parliament and State Legislatures are concerned, the Supreme Court held that the
information as regards criminal record to be disclosed under the new section 33A of the
Representation of the People Act, 1951 is fairly adequate. It has been decided, after
consulting all concerned, that the same past criminal record should be called for, from the
candidates contesting local body elections also. However, in the formats contained in
Annexures – I and II of the said order issued by the SEC referred to above, the nature of
the past criminal record as contained in section 33A of the Representation of People Act,
1951, which is proposed to be adopted in regard to candidates contesting local body
elections also, is not in toto reproduced. In view of this, and in order to place the matter
beyond the pale of any doubt, it is proposed to amend the said order.
Now, therefore, exercise of its powers under article 243K read with article 243 Z
A of the Constitution of India and sections 200 and 201 of the Andhra Pradesh
Panchayat Raj Act, 1994 (Act 13 of 1994), Section 10A of the Andhra Pradesh
Muncipalities Act, 1965 (Act VI of 1965) and section 9 of the Hyderabad Muncipal
Corporation Act, 1955 (Act II of 1956) in its application to Hyderabad Municipal
Corporation or any other municipal corporation, constituted under the Andhra Pradesh
130
Municipal Corporations Act, 1994 (Act 25 of 1994) and of all other powers hereunto
enabling it in this behalf, the State Election Commission hereby issues the following
amendment to its Order No.809/SEC-BI/2003, dated the Sixth September, 2003, namely,
AMENDMENT
In the said Order, ---
(A) In Annexure – I, for item (1), the following shall be substituted, namely,
“ (1) (a) I have been accused of the following offences punishable with
imprisonment for two years or more in which the charge has been framed and the
particulars there of are as below:-
(i) Section of the Act and description of the offence for which cognizance taken:
(ii) The Court which has taken Cognizance: (iii) Case No. : (iv) Date of order of the Court taking cognizance.
(b) I have been convicted of the following offences (other than the offences for
which a conviction and sentence disqualifies me for contest) and sentenced to
imprisonment for one year or more and the particulars thereof are as below:-
(i) Section of the Act and description of the offence for which cognizance taken:
(ii) The Court which has taken Cognizance: (iii) Case No. : (iv) Date of order of the Court taking Cognizance: (v) Details of appeal (s) application (s) for revision, etc., if any, filed against
above order taking cognizance:
(B) In Annexure-II, for item (1), the following shall be substituted, namely:-
“ (1) (a) I have been accused of the following offences punishable with
imprisonment for two years or more in which the charge has been framed and the
particulars there of are as below:-
131
(i) Section of the Act and description of the offence for which cognizance taken:
(ii) The Court which has taken Cognizance: (iii) Case No. : (iv) Date of order of the Court taking cognizance.
(b) I have been convicted of the following offences (other than the offences for
which a conviction and sentence disqualifies me for contest) and sentenced to
imprisonment for one year or more and the particulars thereof are as below:-
(i) Section of the Act and description of the offence for which cognizance taken:
(ii) The Court which has taken Cognizance: (iii) Case No. : (iv) Date of order of the Court taking Cognizance: (v) Details of appeal (s) application (s) for revision, etc., if any, filed against
above order taking cognizance:
(BY ORDER AND IN THE NAME OF THE STATE ELECTION COM MISSIONER)
Sd/- I.Rani Kumudini,
Secretary To The Commissioner of Panchayat Raj & Rural Employment, A.P.,Hyderabad. The Director of Municipal Administration, A.P.,Hyderabad. All the Collectors and District Election Authorities. All the Chief Executive Officers, Zilla Parishad. All the District Panchayat Officers. All the Commissioners of Nagar Panchayats/Municipalities/Municipal Corporations. Copy to: The Chief Secretary, Government of Andhra Pradesh The Prl. Secretary, Panchayat Raj Department, The Prl. Secretary, Municipal Administration and Urban Development Department. The Prl.Secretary to Chief Minister. All recognised and registered political parties. The Commissioner, Information and Public Relations, A.P.,Hyderabad. The Secretary, Election Commission of India, New Delhi. All State Election Commissioners.
132
ANNEXURE – XI
Affidavit to be furnished by candidate along with nomination paper Before the Election Officer / Returning Officer
for election to the officer Ward Member (Ward No……) of …………Municipality / Municipal Corporation.
1) (a) I have been accused of the following offences punishable with imprisonment for two years or more in which the charge has been framed and the particulars there of are below:-
(i) Section of the Act and description of the offence for while cognizance taken:
(ii) The Court which has taken Cognizance: (iii) Case No: (iv) Date of order of the Court taking cognizance. (b) I have been convicted of the following offences (other than the offences for
which a conviction and sentence disqualified me for contest) and sentenced to imprisonment for one year or more and the particulars thereof are as below:-
(i) Section of the Act and description of the offence for which cognizance taken:
(ii) The Court which has taken Cognizance; (iii) Case No: (iv) Date of order of the Court taking Cognizance: (v) Details of appeal (s) application (s) for revision, etc., if any, filed against
above order taking cognizance: (2) That I/my spouse / my * dependents own the following immovable properties namely;
A. LANDS: (i) Give details of Agricultural lands, with the name of owner, its location,
extend, value and the relation ship to the candidate **
(ii) Given details of urban lands, with name of the owner, its location, extent,
value and the relationship of the owner to the candidate **
133
B. BUILDINGS: (i) Give details of buildings, their location, plinth area, value, the name of the
owner and the relationship to the candidate **
(3) I / my spouse /* dependents own the following movable properties namely. (i) Give details of gold Jewelry and precious stones with the name of the owner, their
value and relationship to the candidate:
** (ii) Give details of bank balance / fixed deposits and shares their value with the
details of depositors or purchaser, with relationship to the candidate.
(4) I/ My spouse / my * dependents are liable to pay the following dues to public,
financial institutions and Government dues (Give the details) **
(5) My educational qualifications are as under: (Give the details of School and University Education) **
I, ……………………………………… hereby, declare that the contents of this
self declaration are true to the best of my knowledge and nothing material has been
concealed and no part of this declaration is false.
DEPONENT
Sworn and signed before me
On this ………………………….. day of ………………. (month)
………………………….. (year ) at ……………………. (Place)
• Dependent means a person wholly dependent on the income of the candidate
134
Annexure – XII
Declaration regarding disqualification (to be filed by contesting candidate along with nomination papers)
I ------------------------------------------ S/o ------------------------------------- hereby
declare that I am not disqualified to the best of knowledge and belief for being chosen
Ward Member of the Municipal Corporation of -------------------------------------- under
sections 21A, 21B and 22 of Hyderabad Municipal Corporation Act, 1955
Date………….. Signature of the
Candidate
Signed before me on this --------------------day of ---------------------200---
Returning Officer
135
ANNEXURE - XIII
FORM – VI
[See rule 6]
LIST OF NOMINATIONS RECEIVED
Notice of nomination for election to the office of Member of the Municipal
Corporation of ………………….. from …………………. Ward.
Sl.
No
Name of
Candidate
Age Address *Whether the
candidate is a
member of the
Schedule Tribes /
Scheduled Caste/
Backward Classes.
The particular caste
/ Tribe /Class to
which the candidate
belongs
(ward in the
electoral roll in
which the name
of the candidate
is included and
the ** serial
number of
candidate in
electoral roll.
Name of
proposer
** Serial
Number of
proposer in
the electoral
roll in which
his name is
included.
(1) (2) (3) (4) (5) (6) (7) (8)
Returning Officer /
Asst. Returning Officer
Date: …………..
* This column is to be filled only in the case of a (Ward) where the seat to be filled
is reserved for the Scheduled Tribes /Scheduled Castes/ Backward Classes in
other cases this column should be struck out.
** Where the electoral roll is sub-divided into parts and separate serial numbers, are
assigned to the voters entered in each part a description of the part in which the
name of the person concerned is also to be given here.
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ANNEXURE - XIV FORM – VIII
[See rule 7(2)]
LIST OF VALIDLY NOMINATED CANDIDATES
Election to the Office of Member of the Municipal Corporation of
…………………from ……………….. Ward.
-------------------------------------------------------------------------------------------------------
Sl. No. Name of Candidate Name of Address of Candidate
Father/Husband
------------------------------------------------------------------------------------------------------------
1 2 3 4
------------------------------------------------------------------------------------------------------------
1.
2.
3.
etc.
Returning Officer
Place …………………
Date …………………
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ANNEXURE - XV
SCHEDULE A
FORM 9
Form of Notice of withdrawal
(See sub-section (1) of Section 40)
To the Returning Officer for ……………………………………………… ward of the
Municipal Corporation of --------------------------------------------------------------------------
I………………………………of……………………………………………….a
candidate nominated at the election in the above ward do hereby give notice that I
withdraw my candidature …………………..………………
Dated this……………………..day of ………….. 2000…………
Place: Signature of Candidate
This notice of withdrawal was delivered to me at my office at ………………..
(hours)…………..(date) by……………………..the candidate/the candidate’s proposer /
election agent who has been authorised in writing by the candidate to deliver it.
Returning Officer /
Assistant Returning Officer
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ANNEXURE - XVI
FORM – IX
[See rule 8(1)]
RECEIPT FOR NOTICE OF WITHDRAWAL
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidate by Sri /Smt/ Kum …………………………
a candidate at the election to the Office of Member of the Municipal Corporation of
……………………………….. from ………..………… Ward was delivered to me by
Sri /Smt/ Kum ……………………………. the * candidate / the candidate’s proposer /
election agent who has been authorized in writing by the candidate to deliver it at my
Office at ……………… (hour) on ………….. (date).
Returning Officer.
Date ………………………
* Strike off whichever is inapplicable.
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ANNEXURE - XVII
FORM – X
[See rule 8 (2)]
Notice of Withdrawal of Candidatures
ELECTION TO THE WARD MEMBER/………………………………….. Municipal
Corporation of …………………………..
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.
Returning Officer Date …………………… * Strike off the inappropriate alternative
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ANNEXURE - XVIII
FORM – XI
[See rule 9]
LIST OF CONTESTING CANDIDATES
Election to the Office of the Member of the Municipal Corporation of …………
from ………………… Ward.
Sl.
No
Name of Candidate Address of
candidate
Party Affiliation, if any Symbol assigned
to the candidate
1.
2.
3.
4.
Note: The poll will be taken between the hours of …………… and ……………. (date
or dates) at the polling station fixed for the poll to be notified separately.
Returning Officer.
Place …………………
Date ……………………
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ANNEXURE – XIX
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.
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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);
(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.
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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;
(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 under sub-paragraph (1) shall be accompanied by a copy of the
memorandum, or rules and regulations, of the association or body by whatever name
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called, duly signed by the President, Secretary and three other founder members, and
such memorandum or rules and regulations shall contain a specific provision that the
association or body 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.
(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 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) After considering all the particulars as aforesaid in its possession, and any other
necessary and relevant factors, and after giving the representatives of the association or
body or political party, a reasonable opportunity of being heard, the Commission shall
decide either to register the association or body or political party, as a political party for
the purposes of this Order, and subject to such restrictions and conditions as may, by
order, be specified by the Commission, or not so to register it; and the Commission shall
communicate its decision to the association or body or political party.
Provided that, no association or body or political party shall be registered as a
political party under this sub-paragraph unless the memorandum or rules and regulations
of such association or body or the constitution of the political party conform to the
provisions of sub-paragraph (4).
145
(8) The decision of the Commission shall be final.
(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.
146
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.
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 at any election to the local bodies
in the State shall choose, and shall be allotted the symbol reserved for that party by the
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 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,
147
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;
*(4) It shall be competent for the Commission to notify free symbols, in the allotment
of which preference shall be given to political parties registered with the Election
Commission of India to whom symbols were earlier allotted by the State Election
Commission, but that political party has not yet registered with the State Election
Commission.
**8. When a candidate shall be deemed to be set u 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.
148
* 7 (4) is substituted as per amendment No. L/4065/SEC/2001, dt. 2.1.2002. ** 8 is substituted as per amendment No. 671/SEC-B1/2001, dt. 23.6.2001.
9. Power of Commission to suspend or withdraw registration of a political
party for its failure to observe Model Code or follow 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 parties 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
149
provision or makes insufficient provision, and provision is in the opinion of
the Commission necessary for the smooth and orderly conduct of elections.
12. Transitional Provision.— The reservation of symbols made for every recognised
or registered political party, by the Commission before the commencement of this Order,
shall continue to be so, for a period of six months from the date of such commencement
and if such party makes an application to the Commission for its registration under the
provisions of this Order, within the said period of six months , till the disposal of such
application by the Commission and where no such application is made within the said
period, the reservation of symbol already made shall cease.
(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)
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.
150
SYMBOL NOTIFICATION
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Hyderabad – 500 003
NOTIFICATION
No. 671/SEC-B1/2001 Dated: 23.6.2001
IN EXERCISE OF THE POWERS CONFERRED BY ARTICLE 243 K
READ WITH ARTICLE 243 ZA OF THE CONSTITUTION OF IND IA, THE
STATE ELECTION COMMISSION, HEREBY, MAKES THE FOLLOW ING
AMENDMENT TO THE ‘REGISTRATION OF POLITICAL PARTIES AND
ALLOTMENT OF SYMBOL, ORDER, 2001 NAMELY:-
AMENDMENT For paragraph 8 of the said Order, the following shall be substituted namely:- “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.”
Sd/- D.R.Garg, Secretary
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A N N E X U R E - XX 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 Returning Officer for the Ward …………………………… of Municipal Corporation ……………………………………… Sir,
Sub:- Elections to the Office of Ward Member – Municipal Corporation – Authorisation of person to intimate names of Candidates.
Ref:- State Election Commission Notification No.
*** 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 Name of Office held Districts areas Authorised to send in the party Constituency / Notice Constituencies in respect of which he has been authorised ----------------------------------------------------------------------------------------------------------- 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 -------------------------------
152
(i) --------------------------- (ii) -------------------------------- (iii) -------------------------- ----- 2.Specimen signature of Sri ________________________ (i)______________________ (ii) ____________________ (iii) ____________________ Place : Date: (seal of the party) yours faithfully, President / Secretary
GeneralSecretary
153
ANNEXURE - XXI FORM – B
Notice as to names of the candidates set up by the Political Party
From To …………………………….. Returning Officer …………………………….. …………………………….. …………………………….. …………………………….. …………………………….. …………………………….. …………………………….. …………………………….. Sub:- Elections to __________________________________________________ Setting up of candidates by our party – Intimation – Reg. Ref:- SEC Election Notification No.___________________________________ Dated:________________________. Sir, I, hereby give notice that the following persons have been set up by
_______________________________________ Party as its candidates at the ensuing
elections referred above for the office noted against each;
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 above for the office noted against
each;
1. Name of the office _______________________________________ 2. Name of the party candidate along _______________________________________ with father’s /husband’s name
154
3. Postal address of the party ________________________________________
candidate 4. Name & address of the ________________________________________
substitute candidate Place: Signature Date : Seal of the party Name & designation of the issuing authority
155
ANNEXURE XXII
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.
CODE OF CONDUCT 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 Hyderabad Municipal Corporation Act, 1955, and the rules framed thereunder.
4. 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.
5. There shall be no appeal to Religion, Communal or Caste feelings for securing votes.
6. Places of worship such as Temples, Mosques, Churches, etc., shall not be used as forum for election propaganda.
7. 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.
8. 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.
9. 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.
10. 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.
156
(i) 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.
(ii) To obstruct or disturb any election meeting organised by another political party or candidate.
(iii) 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 commencement of poll in the case of elections to Zilla Parishads and Mandal Parishads.
(c) Twenty-four hours prior to the hour fixed for commencement of poll in the case of elections to Gram Panchayats.
(iv) To bribe or offer reward in any form to voters. (v) To canvas or to appeal for votes within hundred meters of a polling
station. (vi) To use any conveyance or means of transport for the voters to or from the
polling station. (vii) 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. (viii) To impersonate a voter or attempt to cast vote under the false name of
voter. 11. 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.
12. No candidate or his workers shall remove or deface the flag erected or posters pasted by another candidate or political party.
13. 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 on the polling day and during the 24 hours preceding it.
(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.
157
14. 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.
15. Every candidate and the political party shall co-operate with the Officers on Election Duty to ensure peaceful and orderly polling.
16. No party or candidate shall hold public meetings or processions without obtaining necessary permission from the competent Local Authorities.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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
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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.
26. No contesting candidate shall incur the election expenditure in excess of the expenditure fixed by the State Election Commission, by notification
27. The contesting candidate shall maintain day today expenditure record in the prescribed proforma which will be supplied to him free of cost on the date of acceptance of his candidature.
28. 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.
29. 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.
30. 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.
31. 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.
32 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.
33. 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.
34. 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.
35. 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,
159
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.
36. 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.
37 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.
38. 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.
39. 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.
40. 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.
41 The violation of these provisions, is punishable under various laws. 42. The District Election Authority, Deputy District Election Authority, Additional
District Election Authority and the Police are authorised to initiate prosecution against violators of this Code before the Competent Criminal Courts under intimation to the State Election Commissioner.
A V S REDDY
STATE ELECTION COMMISSIONER A P HYDERABAD
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ANNEXURE XXIII
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003
Direction No. 636/SEC-F1/2005 Dated: 03.8.2005
DIRECTION
Sub:- Third ordinary elections to Municipal Bodies, 2005- Use of Loudspeakers for election campaigns – 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 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.
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3. Recently, the 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 at all future elections shall be strictly regulated as
follows: -
(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 announcement of election and
ending with the date of declaration of results shall be permitted only between 6.00a.m.
and 10.00p.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 loudspeaker being used beyond the hours as 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
identification number of those vehicles to the authorities granting permission to use the
loudspeakers and such registration identification numbers of the vehicles shall be
indicated on the permits granted by the authorities concerned.
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(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) 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.
5. No loudspeakers fitted on vehicles of any kind or in any other manner whatsoever
shall be permitted to be used during the period of 48 hours ending with the hour fixed for
the conclusion of the poll in any polling area. Even after the close of poll proper law and
order is required to be maintained till completion of election after 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
Administrations should, therefore, consider any application for permission to use
loudspeakers after the aforesaid prohibitory period of 48 hours, on merit of each
application and keeping in view the need to maintain proper law and order till the
completion of election.
The above directions of the Commission, which will check noise pollution and
disturbance of public peace and tranquility must be scrupulously implemented and
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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.
A copy of this order shall be made available to local units of all recognised and
registered party units in the district under acknowledgement.
The receipt of this letter should be acknowledged immediately.
( BY ORDER AND IN THE NAME OF THE STATE ELECTION CO MMISSIONER )
Sd/- Debabrata Kantha SECRETARY To
All the Commissioners of Municipalities & Municipal Corporations in the State. All the District Collectors in the State. All the Superintendents of Police in the State The Election Authority & Commissioner and Director of Municipal Administration, AP, Hyderabad.
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ANNEXURE XXIV
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003
CIRCULAR NO. 635 /SEC-F1/2005 DATED: 03.8.2005.
Circular
Sub:- Municipal elections, 2005 – 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. Needless to say that this spoils the beauty of the towns and cities and causes loss to the private house owners who keep their houses and walls painted. 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 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 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. 5. The State Election Commission, hereby, directs the District Collectors and the Superintendents of Police to strictly enforce the implementation of Model Code of Conduct by taking recourse to sections 4 and 5 of Act 28 of 1997 referred above by
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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. 6. The Commission also directs that action taken in this regard and the prosecutions launched under the above Act during the period of election to 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/- Debabrata Kantha, Secretary To 1.All Municipal Commissioners in the State. 2.All Commissioners of Municipal Corporations in the State. 3.All District Collectors in the State. (Name covers) 4. All Superintendents of Police in the State. 5. The Commissioner & Director of Municipal Administration, Hyderabad. 6. The Director General of Police, Hyderabad.
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ANNEXURE XXV
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M.G.Road, Secunderabad - 500 003.
NO.657 /SEC-F1/2005, DT: 12.8.2005
ORDER
Sub:- III Ordinary Elections to Municipal bodies in A.P., 2005 – Restrictions on the printing of pamphlets, posters, etc. – orders – issued.
***
The printing and publication of election pamphlets, posters, etc., is governed by
the provisions of Section 343 E of AP Municipalities Act, 1965 / Section 601 A of
Hyderabad Municipal Corporation Act, 1955. The said Sections which are identical, read
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 Election Authority
and
(ii) In any other case, to the District Magistrate of the district in which it is
printed.
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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”.
2. 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 any such document contains any matter of 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.
3. 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.
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4. 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 Z A of Constitution of India and all
other powers enabling it in this behalf, hereby directs as follows:-
(a) As soon as any election to a directly elected offices in an Urban local body
is announced by the State Election Commission, the District Magistrates
shall, within three days of such announcement of election 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 State Election Commission
would be very seriously viewed 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 of Municipal
Administration, Hyderabad shall do like wise 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 State Election 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
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(Commissioner & Director of Municipal Administration, Hyderabad ) or
the District Magistrate as the case may be.
(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 State Election 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, 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 and Director of 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.
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(g) The Election Authority & Commissioner and Director of 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 State Election Commission’s
above directions 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.
5. The State Election Commission hereby cautions all political parties, candidates
and others concerned that any violation of the law and the State Election Commission’s
directions on the above subject will be viewed with utmost concern and the most
stringent action possible will be taken against the offenders.
6. If any officer who is responsible for the enforcement of the above provisions of
law and the directions of the State Election 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 CO MMISSIONER )
Sd/- Debabrata Kantha Secretary To 1.All Municipal Commissioners in the State. 2.All Commissioners of Municipal Corporations in the State. 3.All District Collectors in the State. (Name covers) 4. All Superintendents of Police in the State. 5. The Commissioner & Director of Municipal Administration, Hyderabad. The above orders are also available in the website www.apsec.gov.in
171
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 / Section 601 A of Hyderabad
Municipal Corporation 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 ……………………………………………………
Date Signature Printer Place …………………..
Seal of the printer
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ANNEXURE – XXVI
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, MG Road, Secunderabad-500003.
ORDER
No.554/SEC-B2/2009 Date:19.5.2009
Sub: Elections - Elections to local bodies – Compulsory identification of voters – Updating the list of identity documents–Revised list of identity documents - Issued.
Ref: SEC order No. 489/SEC-B2/2008, dated 06.06.2008.
***
In the reference cited, the SEC notified list of documents that can be produced for the purpose of identification of electors at the polling stations in elections to Local Bodies under compulsory identification of voters which is followed in all elections to local bodies held on or after 2.11.2004.
In connection with the general elections to the House of People and AP State Legislative Assembly held in April and May, 2009, the ECI has issued orders notifying identifying documents that can be produced by voters not possessing EPIC for establishing their identity at the polling stations.
Keeping in view of the orders issued by the ECI on the subject, the SEC hereby notifies the following updated list of documents that can be produced by the voters to establish their identity at the polling station in all the polls conducted to Local Bodies on or after the date of this order.
I) Electoral Photo Identity Card, II) Passports, III) Driving Licenses, IV) Income Tax Identity (PAN) Cards, V) Service Identity Cards issued to its employees by State/Central
Governments, Public Sector Undertakings, Local bodies or Public Limited Companies with photographs,
VI) Passbooks issued by Public Sector Banks/Post Office and Kisan Passbooks with photographs,
VII) Student Identity Cards with photographs issued by Recognised Educational Institutions,
VIII) Property Documents such as Pattas, Registered Deeds, etc. with photographs,
IX) Ration Cards with photographs,
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X) SC/ST/OBC Certificates issued by competent authority with photographs,
XI) Pension Documents such as ex-servicemen’s Pension Book/ Pension Payment Order, ex-servicemen’s widow/ Dependent Certificates, Old age pension Order, Widow Pension Order with photographs,
XII) Freedom Fighter Identity Cards with photographs, XIII) Arms Licenses with photographs, XIV) Certificate of Physical Handicap by Competent Authority with
photographs, XV) ATM Cards with photographs issued by Banks, XVI) Postal Identity Cards with photographs issued by Postal Authorities, XVII) Membership Cards with photographs issued by Bar Councils, XVIII) Identity Cards with photographs issued by the Secretariat of Lok
Sabha / Rajya Sabha to Members of Parliament, XIX) Identity Cards with photographs issued by the Secretariat of the
Legislative Assembly / Legislative Council to MLAs/MLCs, XX) Job cards issued under NREGA with photographs, XXI) Health insurance Scheme Cards with photographs (Ministry of
Labour’s Scheme), XXII) Pattadar passbooks containing photographs.
Any of the above mentioned documents that is available only to the head
of the family may be used for identifying the other members of the family provided all members come together and are identified by the head of the family.
It is also clarified that while the aforesaid documents are needed for
exercising franchise, their possession do not automatically confer a right on the person to vote in the local body polls if his/her name is not enrolled in the current voter list of the local body concerned.
(BY ORDER AND IN THE NAME OF THE STATE ELECTION
COMMISSIONER)
Sd/- G.M.Ramesh Kumar Secretary
To All the Collectors and District Election Authorities. All the Chief Executive Officers of Zilla Parishads. All the District Panchayat Officers. All the Commissioners of Nagarpanchayats / Municipalities / Municipal Corporations.
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ANNEXURE XXVII
DOS AND DON’TS FOR GUIDANCE OF CANDIDATES AND ELECTION 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.
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11. Don’t hire or provide vehicles for the conveyance of voters to and from the
polling stations. 12. Don’t incure 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.
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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.
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 - XXVIII
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M G Road, Secunderabad – 500 003
DIRECTION
No.639/SEC-F1/2005 Dated: 04.8.2005
Sub:- ELECTIONS – Third Ordinary elections to Municipal Bodies, 2005 – Instructions on use of vehicles during elections – Issued.
* * *
The State Election Commissioner, in exercise of the powers conferred on him
under Article 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 Municipal bodies. Use of vehicles for campaigning: 1. The candidates contesting to 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 concerned. Only after such
information has been received by the Municipal Commissioner concerned, the
vehicles so notified by the candidates can be used for the election campaign.
Thus, prior intimation to the Municipal Commissioners, is a must for the actual
deployment of any vehicle for campaign purpose by the candidates. The
Municipal Commissioners concerned shall also transmit the information so
received by them from the candidates about the vehicles to be used by them to the
Observers appointed by the State Election Commission.
2. 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
Municipal Commissioners 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.
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3. The Municipal Commissioner to whom intimation of use of vehicles is given by
contesting candidates, shall publish on their office notice boards details of the
vehicles notified by the various 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.
4. 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.
5. Any vehicle which has not been registered for election campaigning with the
Municipal Commissioners concerned, if found being used for campaigning, shall
be deemed to be unauthorisedly 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.
6. The vehicles permitted to be used under this order, shall not carry more than five
passengers including the driver.
Restrictions on convoy of vehicles:-
7. Cars/vehicles being used for electioneering purposes, shall, under no
circumstances, be allowed to move in convoys of more 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.
8. 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.
9. Videography can be used effectively to check use of unauthorised vehicles for
campaigning as well as for violation of instructions regarding convoys.
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Use of vehicles on the day of Poll:
10. 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.
11. The Municipal Commissioners concerned are authorised 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.
12. 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;
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. General: 13. The election authorities concerned and the Commissioner of Police/Superintendents of Police concerned are requested to implement these instructions scrupulously. They are also directed to make arrangements to open check up post in the areas, where elections are held to effectively check un-authorised movement of vehicles during election campaign and on the day of poll. 14. The contesting candidates and political parties are hereby informed that any contravention of these instructions will be viewed seriously by the State Election Commission.
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(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMM ISSIONER )
Sd/- Debabrata Kantha
Secretary To All the Commissioners of Municipalities & Municipal Corporations in the State, All the Collectors & District Election Authorities.. All the Superintendents of Police. The Commissioners of police concerned. The Commissioner & Director of Municipal Administration, Hyd. All the Political parties. The Press.
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ANNEXURE - XXIX (Para 1 of Chapter XIII)
DECLARATIONS BY THE PRESIDING OFFICER
PART-I Declaration by the Presiding Officer before the commencement of the poll Election from
Ward No.................................. Name of the Municipal Corporation…………………….
Name of the Ward…………………………………
Serial No……………. and 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 XXXIV) 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.
(1) 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 ........................ Presiding Officer
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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 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
PART II
DECLARATION BY THE PRESIDING OFFICER AT THE TIME OF USE OF SUBSEQUENT VOTING MACHINE, IF ANY
ELECTION TO THE WARD NO.…………..................... NAME OF THE WARD
…………………….NAME OF THE MUNICIPAL
CORPORATION……………………… …….
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 XXXIV) 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.
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(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.
(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 PR ESENT AT THE POLLING STATION AT THE CLOSE OF THE POLL AND WH OSE SIGNATURES ARE AFFIXED BELOW, AN ATTESTED COPY OF E ACH OF THE ENTRIES IN ‘PART-I-ACCOUNT OF VOTES RECORDED’ O F FORM XXXVI AS REQUIRED UNDER RULE79 OF THE CONDUCT OF EL ECTIONS RULES, 2005.
Signature.........................
Date................................ Presiding Officer Time................................ Received an attested copy of the entries in the accounts of votes recorded (Part I of Form XXXVI) 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 XXXVI 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 - XXX
FORM – XX
[See rule 29 (2) ( c )]
LIST OF CHALLENGED VOTES
Election to the Office of Member of the Municipal Corporation of ……………..
from ……………….. Ward.
Polling Station. -------------------------------------------------------------------------------------------------------
Sl.No. Name of voter Serial No. in Signature or thumb Name of iden- the electoral impression of the tifier if any Roll voter and his add- ress -------------------------------------------------------------------------------------------------------
1 2 3 4 5
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
Name of the person Amount of Order of Presiding Signature of challenger Challenging deposit made Officer in each case acknowledging receipt of deposit when deposit is returned ………………………………………………………………………………………..
(6) (7) (8) (9)
………………………………………………………………………………………..
Date : Signature of Presiding Officer
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ANNEXURE - XXXI
FORM No. XXXVI
[See rule 79] PART – I
Account of Votes recorded
Election to the office of the Member of Municipal Corporation ………. From …………………… 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-XXXIV)
3. No. of voters decided not to record Voters under Rule 75.
4. No. of voters not allowed to vote under
Rule 73.
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 voters as against item No. 3 minus No. of voters as against item 4 (2-3 & 5) or any discrepancy noticed.
7. No. of voters to whom tendered ballot
Papers were issued under Rule 76. 8. No. of tendered ballot papers. Sl. NO. . From To
(a) received for use
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(b) issued to electors (c) not used returned
9. Account of papers seals 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 Returning 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 Returning Officer.
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ANNEXURE - XXXII
FORM – XII
[See rule 10]
APPOINTMENT OF ELECTION AGENT
Election to the Office of the Member of the Municipal Corporation of …………
from …………………..Ward.
To
The Returning Officer,
…………………. Ward.
I Sri/Smt/Kum………………………. a candidate at the above election do hereby
appoint Sri/Smt/Kum ……………………………. S/o ……………………….. as my
Election Agent from this day at the above election.
Signature of Candidate.
Place ……………..
Date ……………..
I accept the above appointment.
Signature of Election Agent
Place ………
Date ……….
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ANNEXURE - XXXIII
FORM – XIV
[See rule 12]
APPOINTMENT OF POLLING AGENT
Election to the Office of the Member of the Municipal Corporation of …………... from ……………………. Ward. I Sri /Smt./Kum ………………………….. a candidate / the election agent of
Sri/Smt/Kum………………………………… who is a candidate at the above election do
hereby appoint Sri/Smt./Kum ……………………….. as a polling agent to attend polling
station No. ……………….. at ………………. place fixed for the poll …………………
on …………….
Signature of Candidate / Election Agent. Place …………………. Date ……………. I agree to act as such polling agent.
Signature of Polling Agent.
Place……………… Date…………………..
Declaration of Polling Agent to be signed before the Presiding Officer I hereby declare that I will not at this election for the Office of Member to the Municipal Corporation of ………………….. from …………………. Ward do anything forbidden by section 602 of the Hyderabad Municipal Corporation Act, 1955 which I have read/ has been read over to me.
Signature of Polling Agent Date ………………. Signed before me
Presiding Officer Note: The appointment order shall be made in duplicate and one copy thereof shall be
handed over to the polling agent for production at the polling station and the other
copy to be sent to the Returning Officer.
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ANNEXURE - XXXIV
FORM – XV
[See rule 13]
APPOINTMENT OF COUNTING AGENTS
Election to the Office of Member of the Municipal Corporation of ……………..
from ……………………. Ward.
To The Returning Officer, …………… Ward. I Sri/ Smt./Kum ……………………….…… a candidate / the election agent of Sri/Smt/Kum…………………………………. who is a candidate at the above election do hereby appoint the following person as my counting agent to attend the counting of votes at ………………. ------------------------------------------------------------------------------------------------------- Name of Counting Agent Address of Counting Agent ------------------------------------------------------------------------------------------------------- 1. 2. 3.
Signature of Candidate / Election Agent
We agree to act as such Counting Agents. 1. 2. 3. Date: Signature of Counting Agent ------------------------------------------------------------------------------------------------------- Declaration of counting agents (to be signed before the Returning Officer) We hereby declare that we will not at this election to the Office of the Member of the Municipal Corporation of ………………….. from ……………….. Ward do anything forbidden by section 602 of the Hyderabad Municipal Corporation Act, 1955 which we have read/has been read over, by us. 1. 2. 3.
Signature of Counting Agent.
Date …………………. Signed before me.
Returning Officer.
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ANNEXURE – XXXV
STATE ELECTION COMMISSION 3rd Floor, Buddha Bhavan, M.G.Road, Secunderabad - 500 003.
ORDER
ORDER NO. 633/SEC-F1/2005, DT: 03.8.2005
SUB:- III ORDINARY ELECTIONS TO MUNICIPAL BODIES IN A.P.,
2005 – ELECTION EXPENDITURE – MAINTENANCE AND SCRUTINY OF ACCOUNTS OF ELECTION EXPENDITURE – ORDERS – ISSUED.
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Certain amendments were made to acts governing municipal bodies with regard
to matters relating to conduct of elections in Ordinance No.15 of 2005. A new chapter on
election expenses (chapter No.XVII – A ) containing Sections 617 A , 617 B and 617 C
has been incorporated in the Hyderabad Municipal Corporation Act, 1955. Under
Section 617 B (1) every contesting candidate for the office of Member of Municipal
Corporation or his Election Agent shall keep a separate and correct account of all
election expenditure incurred in connection with the election between date his
nomination and the date of declaration of results ( both days inclusive ). Section 617B
(2) stipulates that, account of election expenses shall contain such particulars, as may by
order, be specified by the State Election Commission. Under Sub-section 3 of Section
617 B the total of the election expenses shall not exceeds such amounts, as may by order,
be specified by State Election Commission. Under Section 617 C , every contesting
candidate, shall lodge with the District Election Authority ( District Collector ), the final
account of election expenses with in 45 days from the date of declaration of results.
Under Section 20 B of the said Act, the State Election Commission is empowered to
disqualify a candidate from contesting election for a period of three years for failure to
lodge an account of election expenses with in the time and in the manner required by or
under the said Act.
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A new chapter on election expenses ( Chapter V ) containing Sections 343 ZB,
343 ZC and 343 ZD which are on the same lines as Sections 617 A, 617B and 617 C
have been incorporated in the AP Municipalities Act, 1965 in the Ordinance referred to
above. A penal provision similar to Section 20 B of Hyderabad Municipal Corporation
Act, 1955 has also been incorporated in AP Municipalities Act, 1965 as Section 15 B.
In exercise of the powers conferred under Section 617 B (2) of the Hyderabad
Municipal Corporation Act, 1955 and Section 343 ZC (2) of the AP Municipalities Act,
1965, the State Election Commission, hereby, issues the following orders in connection
with the maintenance of account of election expenditure for the office of Ward Member
of a Municipal Corporation or a Municipality or a Nagar Panchayat in the ensuing
elections.
1. Accounts to be in the proforma specified:- The day to day account of election
expenditure of the contesting candidates shall be maintained in Proforma I, and
the periodical abstract of election expenditure account shall be maintained in
Proforma II, by each of the contesting candidate. These accounts of election
expenditure in the said two proformas shall be submitted for scrutiny on demand
to the Returning Officer / Election Officers or other authorities designated by the
State Election Commission.
2. a) The ‘day-to-day’ basis true account of election expenditure incurred by
contesting candidate or his Election Agent and also by his 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 243ZC(1)
of the AP Municipalities Act, 1965 and under Section 617 B (1) of Hyderabad
Municipal Corporation Act, 1955 for the election expenses are reproduced below
:-
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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.
3. The day to day expenditure accounts so maintained shall be supported by proper
vouchers, failing which it will not be treated as “true” account of expenditure save
in cases where it is not feasible to obtain vouchers.
4. Each of the supporting vouchers, enclosed with the account of election
expenditure, shall bear the signature in full of the contesting candidate or his
election agent.
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5. The candidate or his authorised agent shall prepare an abstract of the expenditure
periodically during the campaign period in the proforma II enclosed to this Order
and the same shall be duly signed by the candidate or his 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 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 expenditure 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 are liable for prosecution. And
if such expenditure 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 expenditure, in
violation of the statutory provisions of the above-referred section 171 H of the Indian
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Penal Code and in the interests of free and fair electors, the State Election Commission,
in exercise of its powers under Article 243 ZA of the Constitution, hereby, directs as
follows:
(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 6 (i) above as part of its general propaganda,
which is a 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 expenditure
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
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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.
(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, District Election Authorities, Returning Officers / Election Officer
or other authorities concerned with the conduct of elections, including the Police
authorities, they shall take up forthwith the matter with the aforementioned authorities for
prompt action as directed in clauses (v) and (vi) above.
8. The Commission, hereby, warns all concerned that any violation of the above
directions will be viewed by the Commission with the utmost gravity and most stringent
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action possible under the law will be taken against the parties, associations, bodies or
individuals responsible for such violations.
9. If any Officers is found to have failed to take prompt and expeditious action as
envisaged above, he will render himself liable to 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
expenditure in the proforma I and the periodical abstract of expenditure in the proforma II
attached to this Order should be submitted by the contesting candidates to the authorities
designated by the State Election Commission as specified below at least two times
during the campaigning period.
11. In connection with third 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 expenditure and the periodical abstract of expenditure during
the campaign period.
Name of the office of election Authority designated
Ward Members of Municipal Corporations,
Municipalities and Nagar Panchayats.
Returning Officer / Election
Officer concerned
The Observers appointed by the Commission may also inspect and scrutinise
the expenditure accounts maintained by the candidates, wherever it is convenient to
them.
12. With a view to minimise the possibility of contesting candidates, their supporters,
political parties, bodies or associations incurring expenditure in excess of the ceilings
prescribed by the State Election Commission, it is felt necessary that the daily returns and
the periodical returns of expenditure should be made transparent by making them
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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
expenditure 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 expenditure to be incurred by the contesting
candidates for various offices. The Commission is of the considered opinion that this
exercise in bringing transparency in election expenditure will enhance the purity of
elections and help in conduct of free and fair elections.
13. The final of return of election expenditure 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. 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 deems necessary and
shall forward the return along with the result of such enquiry, to the Commission.
14. The District Election Authority shall furnish list of names of contested candidates
who failed to lodge election expenditure accounts within the stipulated time and in the
manner required by or under Municipal Acts to the State Election Commission to take
necessary penal action as per the provisions of the Acts and rules issued there under .
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.
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16. The State Election Commission intends to supercheck 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. All elections authorities relating to Municipal elections are directed to furnish the
copy of these instructions to the contesting candidates under acknowledgement.
(BY ORDER AND IN THE NAME OF STATE ELECTION COMMISS IONER)
Sd/- Debabrata Kantha, Secretary To 1. All District Collectors and District Election Authorities 2. All Commissioners of Municipal Corporations. 3. All Commissioners and Municipalities and Nagar Panchayats. Copy to: 1. The Principal Secretary to Government, MA & UD Dept., Secretariat, Hyd. The Commissioner and Director of Municipal Administration, Hyderabad.
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A N N E X U R E - XXXVI
NOTICE TO CANDIDATE OR THEIR ELECTION AGENTS
REGARDING THE DATE, TIME AND PLACE FOR COUNTING
ELECTION TO THE WARD NO….
Name of the Ward ……………………………………...
Name of the Municipal Corporation…………………………
I hereby give notice that I have, fixed the........................................day of .........................
(month).....................................19..................................................a.m./p.m. as the date and
time for the counting of votes in the Ward No. …………. and ............................................
(Place) in............................................as the place for such counting.
Place .................................... Signature ......................................
Date ..................................... Returning Officer ............................
To
All candidates or their election agents
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ANNEXURE - XXXVII
FORM XVII [See rule 15]
REVOCATION OF APPOINTMENT OF COUNTING AGENT
Election to the Office of Member of Municipal Corporation of ………. …..
from……………………Ward.
To The Returning Officer, ………………….. Ward. I Sri/ Smt/Kum ………………………………….. a candidate/election Agent of
Sri/Smt/Kum ………..……… candidate at the above election hereby/revoke the
appointment of Sri/Smt/Kum …………………………….. as Counting Agent.
Place: …………………….. Date: ………………………
Signature of Candidate/Election Agent. * Strike out whichever is inapplicable
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ANNEXURE - XXXVIII
FORM XXX
( See rules 49(j),51 (3) and 54)
FINAL RESULT SHEET
Election to the Office of Member of the Municipal Corporation
of……………………… from ……………………… Ward.
PART I
Name of the Ward: Total No. of Voters in Ward
Sl.No. Polling No. of valid votes Total No.of Total No. Station cast in favour of valid votes rejected votes of
________________ tendered A B C votes
________________________________________________________________________ 1. 2. 3. 4.
Total No. of votes recorded at Polling Stations. No. of votes recorded on Postal Ballot papers.
Total Votes Polled
Returning Officer. Place : Date :
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ANNEXURE - XXXIX FROM XXXI (See rule 55)
Declaration of the Result of Election Election to the Office of the Member of the Municipal Corporation of …………
from ……………………….. Ward.
In pursuance of the provisions contained in Section 65 of the Hyderabad
Municipal Corporation Act, 1955 (Act II 1956) and Rule 55 of the Andhra Pradesh
Municipal Corporations (Conduct of Election of Members, Election Expenses and
Election Petitions) Rules, 2005, I declare that, --
…………………………. (Name) ………………………… (Address) Sponsored by ………………………. (Name of the political party) has been duly
elected to fill the *seat / vacancy caused due to the retirement of ………………..on
…………………. (Date, month and year )/ on the expiration of his term of office / by the
*resignation of ……………………/ *death of …………………./.*Election of
……………………. having been declared void, from the above Ward.
Place :…………………….. Date :……………………. Returning Officer
*Score out the word not applicable.
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ANNEXURE - XL FORM XXXIII
(See rule 56) CERTIFICATE OF ELECTION
I, Returning Officer for Ward No …………….of the Municipal Corporation of
………………….. hereby certify that I have on the ………………… day of 2005 declare
Sri/Smt/Kum …………………………….. of ………………(party) to have been duly
elected by the said Ward to be a member of the Municipal Corporation of
………………………….. and that in token thereof I have granted to him this certificate
of election.
ace………………………………….. Date……………………………………
Returning Officer.
(with seal)
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