CONTENTS

CHAPTER-1 INTRODUCTION

CHAPTER-II QUALIFICATION AND DISQUALIFICATIONS

CHAPTER-III NOTIFICATION FOR ELECTION

CHAPTER-IV NOMINATIONS

CHAPTER-V SCRUTINY OF NOMINATIONS

CHAPTER-VI WITHDRAWAL OF CANDIDATURE

CHAPTER-VII LIST OF CONTESTING CANDIDATES & ALLOTMENT OF SYMBOLS

CHAPTER-VIII APPOINTMENT OF ELECTION AGENT, POLLING AGENT AND COUNTING AGENT

CHAPTER-IX POLLING DAY

CHAPTER-X COUNTING OF VOTES & DECLARATION OF RESULTS

CHAPTER-1

CHAPTER –II

QUALIFICATION AND DISQUALIFICATIONS

1. If you want to contest an election as a candidate for the office of the Member of a municipality, you must posses certain qualifications as detailed below :
   
   a) If you are a candidate for the office of member of a municipality, you must be a registered elector in the electoral rolls of that municipality.
   
   b) You must not be less than 21 years of age. Your age will be computed as on the date of scrutiny of nominations.
   
   c) If you are a candidate for an office reserved for the Scheduled Castes or Backward Classes, you must belong to any of the castes notified as Scheduled Castes or Backward Classes, as the case may be, in respect of Haryana State. Further a candidate belonging to Scheduled Castes and Backward Classes also can contest from an unreserved office. Further women belonging to the Scheduled Castes and Backward Classes can also contest from the office reserved for the Scheduled Castes and Backward Classes as the case may be.
   
   c) You must be a woman to contest for a office reserved for women. However, a woman candidate can contest for the unreserved seat.
   
   
2. If you want to offer yourself as a candidate, you should not suffer from any of the following disqualifications on the date fixed for scrutiny of nomination:
   
   a) You should not have more than two living children. Provided that a person having more than two children on or upto  the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.
   
   b) You should not have been disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State of Haryana. Provided that no person shall be disqualified on the ground that he is less that twenty-five years of age if he attend the age of twenty one years;
   
   c) You should not have been disqualified by or under any law made by the Legislature of the State of Haryana;
   
   d) You should not have been sentenced to imprisonment for an offence under the Protection of Civil Rights Act, 1955;
   
   e) You should not be of unsound mind;
   
   f) You should not be an applicant to be adjudicated as an insolvent or un-discharged insolvent;
   
   g) You should not under contract for work to be done for or goods to be supplied to, the committee;
   
   h) You should not receive any remuneration out of the municipal fund for services rendered to the committee;
   
   i) You should not have, within five years from the date fixed for the nomination of candidates under the provisions of rule 20 been proscribed from Government employment; or
   
   j) You should not be a whole time salaried official in the service of any Panchayat Samiti, Gram Panchayat, Municipal Committee, Notified Area Committee or Cantonment Board, Improvement Trust or holds any office of profit under the Government of India or the Government of any State other than an office declared by the Legislature of the State of Haryana by law not to disqualify its holder for being chosen as and for being a member of the Legislative Assembly of the State;
   
   k) You should not be disqualified for such membership as a result of your election having been set aside under these rules;
   
   l) You should not be disqualified for membership of any Panchayat Samiti or Gram Panchayat or Municipal Committee or Notified Area Committee or Cantonment Board or Improvement Trust as a result of your election for membership of such Samiti or Panchayat or Board or Trust or Committee having been declared void for corrupt practices;
   
   m) You should not at any time within five years from the date fixed for the nomination of candidates under the provisions of rule 20 been convicted of an offence under Section 171-E or 171-F of the Indian Penal Code [Act 45 to 1860], or having been disqualified from exercising any electoral right for a period of not less than five years in connection with an election of the State Legislature is, on the said date of nomination, still subject to the disqualification.

CHAPTER-III

NOTIFICATION FOR ELECTION

CHAPTER-IV

NOMINATIONS

1. Date & Time fixed for receipt of Nominations:The date and time fixed for receipt of nominations will be prescribed in the election programme notified by the State Election Commission and also the election notice issued by the Returning Officer. Generally, the nominations are received between 11.00 AM and 3.00 PM on all the days, notified in the election notice including public holidays.

2.  Important points to be noted at the time of filing of Nominations:The nomination paper must be in the prescribed Form (Form 1) appended to in the Municipal Elections Rules,1978. A copy of the nomination Form is appended as Annexure---. You should note the following points at the time of filing of nomination papers.

a. Your proposer must be a registered elector in the electoral rolls from any ward of the municipality;

b. You can be nominated by more than one proposer separately for the same office in a separate nomination form;

c. You can contest for more than one ward of municipality.

d. You must sign the declaration on every nomination form, expressing your willingness to stand for the election;

e. You must take care to see that your nomination paper is presented by you in person or by your proposer or by an agent and unless such agent is a legal practitioner during the time prescribed and on the dates appointed for filing nomination, to the Returning Officer/Assistant Returning Officer so authorized by the Returning Officer in this behalf, at the place specified in the election notice. You have to ensure that the nomination form is complete in all respects. You must not that nomination papers filed after the time specified on the last date for making nominations will be rejected.

f.  On the presentation of a nomination paper, the Returning Officer  or Assistant Returning Officer  so authorized by him will satisfy himself that the name and the voter list numbers of the candidate, as entered in the nomination paper, are the same as those entered in the list of voters.

g. Any inaccurate description or clerical or printing error in regard to the name of the candidate or any other particulars relating to the candidate, as entered in the list of voters or in the nomination paper, may not affect the nomination, if the identity of the candidate, is otherwise established beyond reasonable doubt.

h. While filing the nomination paper, you must make sure that the Returning Officer or the Assistant Returning Officer before whom the nomination paper is filed, properly fills in and signs the form duly acknowledging the delivery of nomination papers;

i. Do not forget or overlook to obtain the receipt for nomination paper containing the notice of the time, date and place fixed for the scrutiny of nominations.

3. Deposits and declaration along with nominations:

i.  Deposits: Every candidate for the elective office of Member of municipality presenting a nomination paper should deposit in cash with the Returning Officer or in a Government Treasury or the Government promissory note of equal value of the market rate of the date such amount as required under Rule 24 of the 1978 Rules. The rules require that where a candidate has been nominated by more than one nomination papers for election in the same constituency/ward, not more than one deposit shall be required. The amount to be deposited with the nomination is Rs.250/- for election to the office of Member of Municipal Committee, Rs.500/- for the office of Member of Municipal Council and Municipal Corporation. These amounts are half in the case of candidates belonging to the SCs, BCs and Woman.

ii. Declaration regarding SC/BC Status:

1. If you are a candidate for a reserved seat you must give   a declaration in the nomination paper in Form-1 (Annexure____) and specify the particular caste of which you are a Member.

2. A candidate, who is a member of a Scheduled Caste or Backward Class, is entitled to the concessional  rate of deposit as specified in Rule-24. A candidate eligible for this concessional rate must also declare  in his nomination paper that he is a member of a Scheduled Caste or Backward Class, he claims to be.

iii) Declaration regarding, disqualifications: A candidate required to submit an affidavit with the nomination form under Section 8 of the Representation of People Act, 1951 and sub-section (1) of Section 13A of the Haryana Municipal Act, 1973

Besides this you are also required to submit the required affidavit under the Commission’s Order,2003 bearing number SEC/E-III/2003/8831, dated 06.10.2003 disclosing the information about Criminal Antecedents, Assets and Liabilities and Educational Qualifications by candidates contesting Panchayats and Local Body elections.

Please note that if you fail to file these affidavits in the prescribed time your nomination will be rejected.

4. Instructions regarding Election expenditure Accounts: At the time of presentation of nomination paper, each candidate will be supplied with copies of orders and instructions issued by State Election Commission for maintenance and lodging of Account of Election Expenditure.

Accounts of Election Expenses: The State Election Commission has presently fixed following ceiling limits on election expenditure which can be incurred by the contesting candidates for the office of Member of Municipal Committee, Municipal Council and Municipal Corporation as indicated below :-

i)  Member of Municipal Committee                 Rs.35,000/-       
ii) Member of Municipal Council                      Rs.50,000/-
iii) Member of Municipal Corporation               Rs.75,000/-

The State Election Commission has issued the following instructions in orders “The Haryana Municipal Election Expenditure (Maintenance and Submission of Accounts Order),1996 in connection with maintenance and scrutiny of election expenditure account.

1.That the account of expenditure to be incurred by the contesting candidates of various offices in urban local bodies will be maintained and submitted to the Deputy Commissioner within a period of 30 days from the declaration of the result, in the performa prescribed for the purpose and the Deputy Commissioner in turn would send report to the Commission.

2. That if a candidate fails to submit accounts of expenditure incurred by him for election to the office of Member of a Municipal Committee, Municipal Council or Municipal Corporation, as the case may be, within the prescribed time limit, the Commission by order published in Official Gazette shall declare him to be disqualified and may such person be disqualified for a period of three years from the date of the order.

3. Every contesting candidate shall either by himself or by his authorized election agent will have to keep a separate and correct account of all expenditure in connection with the election between the dates he has been nominated and date of declaration of result both dates inclusive. The total expenditure shall not exceed the limit as prescribed above.

4.No particular party or any other association, body or individual shall put up any cut-outs, hoardings, wall paintings, buntings, arches, gates, banners, flags, advertisements in newspapers etc. without the general or special authority in writing of the candidates whose election is sought to be promoted or procured by such cut-outs, hoardings etc. as expenditure on all such items shall be treated as the legitimate expenditure incurred by the contesting candidate. No contesting candidate or any individual on his behalf shall put up any cut-outs, hoarding etc. without prior permission of the concerned Government authority.

5. Any violation by the contesting candidate or his authorized agent/individual to incur any expenditure in excess of the limit mentioned above, will be viewed seriously by the State Election Commission and stringent action shall be taken against him. 

CHAPTER-V

SCRUTINY OF NOMINATIONS

1. Introduction: (1)  The next stage in the election process is the scrutiny of nomination papers by the Returning Officer. The Returning Officer is required by law to hold the scrutiny of all the nomination papers, received by him, on the date fixed for scrutiny in the election notice issued by the Returning Officer under Rule 20 of the 1978 Rules in accordance with time schedule i.e. Election Programme prescribed by the State Election Commission.

(2)  The date for the scrutiny of the nomination papers will generally be on the day immediately following the last date for filing nominations.

(3)  The scrutiny of the nomination papers will be done only by the Returning Officer and none else unless the Returning Officer is unavoidably prevented from peforming the function of scrutiny. You, and/or any one of your proposer and only one person duly authorized in writing by you, are allowed to be present at the time of scrutiny. You are advised to see that the person other than proposer who will be authorized in writing by you, to be present at the time of scrutiny, is a person conversant with the rules and procedure relating to Municipal elections, so that, he may adequately safeguard your interest at the time of scrutiny. It will also be in your interest if you yourself can be present at the time of scrutiny.

(4)  You yourself can be present at the time of scrutiny and have a right to have all reasonable facilities for examining nomination papers of all candidates, which have been received. You can make substantial and material objection but should not raise flimsy or irrelevant technical objections in regard to any nomination paper.

2. Grounds of Rejections: The Returning Officer will be justified in rejecting your nomination paper on any one of the following grounds:

a. If you are not qualified to be a candidate under Section 13A of the 1973 Act read with Rule 21 of the 1978 Rules; or

b. If you fail to submit the affidavit required to be filed with the nomination paper under the “Disclosure of information regarding Criminal Antecedents, Assets and Liabilities and Educational Qualifications by candidates contesting for Panchayats and Local Body elections, Order 2003.”

c. If your nomination paper has not been delivered in time; or

d. If your nomination paper has been delivered to the Returning Officer or to the Assistant Returning Officer by a person other than yourself or your proposer or Authorised Agent; or

e. If your nomination, paper has not been delivered at the place specified in the public notice issued by the Returning Officer; or

f. If your nomination paper has been delivered to a person other than the Returning Officer or the Assistant Returning Officer; or

g. If your nomination paper is not substantially in the prescribed form; or

h. If your nomination paper has not been signed by your in the places meant for such signatures in the nomination paper; or

i.  If the deposit required has not been made by you in accordance with the law ; or

j. If the signature of a candidate on the nomination paper is not genuine; or

k. If you file nomination to contest a seat reserved for the Scheduled Castes or Backward Classes or Women and you do not belong to such Caste or Class or you are not a woman, as the case may be;

It has already been mentioned that for the same post you can file four nomination papers as you like. If any of these nomination paper is found to be valid, then that itself will be enough for your valid nomination even though the others are rejected.

3. Documents and other materials with which you should be present at the Time of Scrutiny: To meet possible objections against your nominations, you may make sure that you have with you, the following documents at the time of scrutiny of nomination papers namely:

a. A copy of the current Municipal electoral rolls or copy of the relevant part of the electoral rolls or a certified copy of the entry in the electoral rolls bearing your name;

b. Satisfactory evidence regarding your age;

c.Where the deposit has been made in cash, the receipt given to you by the concerned and where the deposit has been made in a Government Treasury, the Treasury receipt or Challan;

d. The receipt for the nomination paper and notice of scrutiny which was handed over to you by the Returning Officer or the Assistant Returning Officer  on your presenting the nomination paper; and

e. Proof of being a member of Scheduled Caste/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: Immediately after all the nomination papers are scrutinsed and the decisions accepting them, or rejecting them have been recorded, the Returning Officer  will prepare and publish a list of validly nominated candidates (where nominations have been found valid) and affix it on the notice board. If, however, you consider that your name is incorrectly spelt or is otherwise incorrectly shown, you should bring the matter to the notice of Returning Officer who will make the necessary corrections.

5. Provision for appeal against rejected nominations: As per provision of sub-rule (6) of Rule 27 of the 1978 Rules, may within the date specified under rule 19 in this behalf present in person or by counsel or by a duly authorized agent appointed by means of authority in writing and verified by a magistrate, sub-registrar of the registration department, lambardar or a member of a local authority to the Deputy Commissioner an application for revision of such order. The appeal against the  order of rejection of nomination can be filed within three days from the date of scrutiny of nomination. Revision Application shall be decided by the Deputy Commissioner within the time prescribed in Election Programme notified by the Commission.

CHAPTER-VI

WITHDRAWAL OF CANDIDATURE

If your nomination paper is accepted, you become a validly nominated candidate. But even then, if you so desire you may withdraw from the contest.

If you have decided to withdraw your candidature, then you must do so by a notice in writing, which must be delivered to the Returning Officer before 3.00 P.M. on or before the last date fixed for withdrawal of candidatures. The following  points must be scrupulously followed for withdrawal of candidature :

1. Under Rule 28 of 1978 Rules, any candidate may withdraw his candidature by delivering notice in writing to the Returning Officer, on or before the appointed date and by the hour.

2. The notice may be given by the candidate in person.

3. No person who has given a notice of withdrawal of his candidature under Rule 28 of 1978 Rules, shall be allowed to cancel such notice.

4.The Returning Officer on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under Rule 28 of 1978 Rules, shall cause a notice to be affixed on the notice board in his office.

You must also note very carefully that once you have given a notice of withdrawal of your candidature to the Returning Officer, you will not be allowed under any circumstances to cancel the notice. Therefore, make up your mind firmly before the notice of withdrawal is actually delivered to the Returning Officer.

CHAPTER-VII

LIST OF CONTESTING CANDIDATES & ALLOTMENT OF SYMBOLS

After the expiry of time for withdrawal, the Returning Officer  will prepare a final list of contesting candidates under Rule 30 of 1978 Rules, separately for each Ward of municipality and publish it on the notice board of the concerned municipality and his office, or in any conspicuous place. The list shall contain the names of the candidates in Hindi alphabetical order and addresses of contesting candidates as given in the nomination paper together with the symbols assigned to each candidate. If their names are identical, with reference to their father’s names or husband’s names, as the case may be, and should describe them as in their nomination papers. If a poll is found necessary, i.e., if there is more than one contesting candidate for the election to the office of a municipality, the distinctive election symbols assigned to each contesting candidate will be specified by the Returning Officer.

The Returning Officer  before preparing a list of contesting candidates under Rule 30 of the 1978 Rules, consider the choice of symbol expressed by the contesting candidate in their nomination papers and shall subject to any general or special direction issued in this behalf by the State Election Commission assign a different symbol to each contesting candidate in conformity as far as practicable with the choice. If more contesting candidate than one have indicated their preference for the same symbol, the Returning Officer shall by lot to which of such candidate the symbol will be assigned.

CHAPTER VIII

APPOINTMENT OF POLLING AGENT AND COUNTING AGENT

1.Polling Agent: Under Rule 39(1) of the 1978 Rules, contesting candidate for the office of Member of a municipality may appoint one polling agent and two relief agents for each polling station and every such appointment shall be made in Form 2. However, at any Polling Station at any given point of time only one polling agent or relief agent could  be present but not both.

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 municipality 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. 

2.Counting Agent: The counting of municipal elections is to be made by the Presiding Officer and Polling Officer immediately after the close of poll. Therefore, the Polling Agent will also act as Counting Agent during the counting process.

The counting agent so appointed by you  may perform such functions in connection with counting of votes as are authorized under the 1978 Rules.

CHAPTER-IX

POLLING DAY

1. Declaration of Holiday on Polling Days:The day of poll, if it does not fall on a Sunday or other holiday, will be generally declared as a local holiday for all offices and public sector undertakings in the concerned Municipal area. An appeal will also be made to all private and commercial establishments to observe the day of poll as a holiday in lieu of the usual weekly holiday or to accord permission for a sufficient period to enable the workers to cast their votes.

2. Restrictions on Canvassing:You are prohibited from canvassing in or near the 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 metres of a polling namely ;

a. canvassing for votes;
b. soliciting the vote of any elector;
c. persuading any elector not to vote for any particular candidate;
d. persuading any elector 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 or in its neighborhood, any apparatus for amplifying or reproducing the human voice, such as a megaphones or a loudspeaker;
g. shouting or otherwise acting in a disorderly manner within or at the entrance of polling station or in any public or private place in the neighborhood.

3. Candidates’ Election Booths : The candidates’ election booth should not be set up within 100 metres of a polling station.

4. Unofficial identity slips: The candidates may issue unofficial identity slips containing the following information to the voters.

i. The name and serial number of the voter in the voter list;
ii. The number of the part of the voter list;
iii.The serial number and name of the polling station; and
iv. Date of poll

The identity slips should be on white paper and should not contain the name of the candidate and/or the election symbol of the candidate or his party. The slips should not also contain any slogans or any exhortation to vote 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 of any slips within 100 meters of the polling station would also amount to canvassing which is not permissible under the law.

5.Detention of voters: It is an offence to detain any voter in a camp or any other place whether with or without his consent or obstruct his way to a polling station in order to prevent him from voting. If you receive information that any person is so detained or obstructed, you should report the matter to the Police Officer of the nearest police station and to the Returning Officer who will take effective action to enable the persons who are wrongfully detained or obstructed to exercise their franchise even if the detention or obstruction is done in a private place.

6. Arrangements of Polling Stations: Each polling station shall be furnished with one or more compartment (referred to in these rules as a polling compartment) in which elector can, one after another, cast their votes screened from observation, and no elector shall be allowed to enter such polling compartment when another elector is inside the same for the purpose of recording his vote.

7. Admission to Polling Station: The Presiding Officer is authorized to admit only the following persons into the polling station and no one else:
a. polling officers;
b. public servants on duty in connection with the election;
c. persons authorized by the State Election Commissioner;
d. candidates and their polling agents;
e. a child in arms accompanying an elector;
f. a person accompanying a blind or infirm elector who cannot move without help; and
g. such other person as the Returning Officer  or the Presiding Officer may employ under for the purpose of identifying the elector.

8. When Polling Agents should reach the Polling Station: The Polling Agents are expected to reach the polling station at least half-an-hour before the commencement of the poll. This will enable them to be present when the Presiding Officer prepares the ballot box for being placed on the table 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 late comer. Each polling agent will be supplied by the Presiding Officer with a pass on the authority of which he can go in and out of the polling station as may be necessary.

9.Duties of Polling Agent: The main duty of your polling agent is to see that your interests relating to free and fair poll are safeguard 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 ballot boxes properly secured and sealed according to the rules before and after the poll;

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

10. Things to be Brought by Polling Agent: The Polling Agent should provide himself with the following items when he comes to the polling station;

a. his letter of appointment;
b. a copy of list of voters for the polling station;
c. a list of the names of the dead, absent bogus votes included in the list;
d. a small brass seal, and
e. pen, paper and pencil;

Within the polling station or one hundred metres thereof, the polling agent may not wear a badge containing a photograph or displaying any slogans for exhortation to vote.

11. Preparation of Ballot Box: The Presiding Officer will allow the ballot box to be inspected by the polling agent of each candidate and see that it is empty, that there are no defects in it and in particular that no ballot paper or other paper can be inserted into it after it has been closed and sealed.

The Presiding Officer will prepare an account of the paper seals used. The polling agents may take note of the serial numbers of the paper seals used.

12. Serial number of Ballot papers to be used at the Polling Station: At the commencement of the poll, the Presiding Officer will allow the polling agents to note the first and the last of the serial number of the ballot papers which will be used at the polling station. The polling agent should not however, note down the serial numbers of all ballot papers or ballot papers issued to any voter. He should not take any notes, or make any mark in the list of voters or elsewhere which may enable any person to work out the serial numbers of the ballot papers issued to the voters as this would violate the secrecy of the vote. The Polling Officer has been given the authority to prevent any one from taking any such notes and to seize and forfeit any document on which a polling agent may have made any such note. If a polling agent persists in taking such notes, inspite of warnings, he will not make tick marks in his copy of the voter list against the names of the voters who have voted. The Presiding Officer will take care to issue ballot papers, not necessarily in serial order, so that no one can even guess the serial number of the ballot paper issued to a voter.

13. Signature of Presiding Officer on back of Ballot Paper: The Presiding Officer of each polling station is required to sign his name in full on the back of each ballot paper before its issue to the voter.

14. Distinguishing Mark: The distinguishing mark as specified by the State Election Commission will be stamped or written on the backside of each ballot paper of ward of the municipality and the counterfoil.

15. Voting by Blind and Infirm Voters: If owing to blindness or other physical infirmity, an elector is unable to recognize the symbol on the ballot paper or to make a mark thereon, the Presiding Officer is authorized a companion of not less than 18 years of age to record the vote on the ballot paper in accordance with the wishes of the elector, fold it, so as to conceal the vote and insert it into the ballot box.

16. Removal of Ballot Papers from Polling Station to be an Offence: If you or your agents honestly suspect that any voter is illegally taking any ballot paper out of the polling station, you or your agent may draw the attention of the Presiding Officer to the matter and request him to get the suspected voter searched by the police as he comes through the exit of the polling station.

17. Removal of Disorderly Persons: Any person who misconducts himself or fails to obey lawful directions of the Presiding Officer during the poll, will be removed from the polling station under his order by any police officer or other person or persons authorized by him.

18. Right to Vote: So long as the identity of a voter is established he has right to vote. Clerical and printing errors in the list of voters will be overlooked by the Presiding Officer. Votes shall be cast only in person and no vote shall be received by proxy. No person shall vote more than once. To check personation, every voter’s left forefinger will be marked by one of the polling officer with indelible ink before a ballot paper is issued to him.

19.Tendered votes:It may happen that a person presenting himself to be a particular voter comes forward to vote after another person has already voted as such voter. In that case the Presiding Officer will put such questions to him as he thinks necessary, to satisfy himself about his identity and if he is satisfied about his identity, the Presiding Officer will get his left forefinger marked with inedible ink and also make necessary entry in the list of tendered votes and obtain the signature or the thumb-impression of the elector therein. The elector will then be supplied with an ordinary ballot paper of the last of the series of ballot papers allotted to the polling station, with the words “tendered ballot paper” written on the back. The voter shall then mark the tendered ballot paper in the voting compartment and fold it. He will hand over the ballot paper to the Presiding Officer and not put it into the ballot box. The Presiding Officer will keep all such tendered votes separately in the cover meant for the purpose. The tendered ballot paper will not be counted at the time of counting.

20. Inspection of Elector’s Left Forefinger before issue of Ballot Paper: If any elector refuses to allow his left forefinger to be inspected or marked in accordance with instructions or has already such a mark on his left forefinger or does any act with a view to removing the mark, he shall not be supplied with any ballot paper or allowed to vote.

21. Refusal to Vote: If an elector, after receiving the ballot paper does not wish to vote, he may return it to the Presiding Officer without marking it. The ballot paper and the counterfoil of such ballot paper will be cancelled by writing on it the words “Returned: Cancelled”. If any elector has marked a ballot paper wrongly in favour of one candidate by mistake or otherwise in the first instance and on second thought he wishes to vote in favour of another candidate or inadvertently spoils it and return it to the Presiding Officer, he will be given another ballot paper. In every such case the elector should satisfy the Presiding Officer of his inadvertence. The ballot paper so returned and the counterfoil of such ballot paper is marked “Spoilt:Cancelled”. Every elector to whom a ballot paper has been issued, refuses, after warning given by the Presiding Officer, to observe the procedure, the ballot paper issued to him will, whether he has recorded his vote thereon or not, will be taken back from him by the Presiding Officer. After the Presiding Officer has taken it back, he will record on the back of such ballot paper and on its counterfoil the words “Cancelled voting procedure violated”. The vote, if any, recorded on such ballot paper will not be counted.

22. List of Dead, Absent and Bogus Voter: Your polling agent may draw the attention of the polling officer to the name of an elector who seeks a ballot paper if he finds his name in the list of dead, absent or bogus elector supplied by you or your agent.

23. Challenging a voter’s identity: A polling agent may challenge the identity of a person who comes as an elector if he has knowledge that the person claiming to be that voter is not that person. For each challenge, the challenger has to deposit Rs.2/- in cash. The Presiding Officer will conduct a summary enquiry into each challenge. The deposit will be returned at the conclusion of the enquiry, unless the Presiding Officer decides that the challenge was frivolous or that it was not made in good faith, in which case the challenge fee will be forfeited.

24. Close of Poll: The Polling Officer will close the poll at the hour fixed for the close of the poll, but all the electors present at the polling station before it is closed shall be entitled to cast their votes.

25. Sealing of Election Papers: The Presiding Officer in the presence of the candidates or their polling  agents affix the seals on the envelopes and packets containing the following documents:

1. the unused ballot papers with counterfoils;

2. (a) the tendered ballot papers
(b) list of tendered votes in Form 5;

3. the spoilt and returned ballot papers;

4. the signed but unused ballot papers with counterfoils, if any;

5.the marked copy of the elector roll;

6. the list of challenged votes in Form 3;

7. the unused and damaged paper seals if any;

8. appointment letters of polling agents;

9. the ballot papers cancelled for violation of voting procedure;

10.  the counterfoils of used ballot papers; and

11.Any other paper that the Presiding Officer has directed to be kept in a sealed packed.

It is in your interest to advise your polling agent to affix their seals on those packets so that complaints regarding tampering can be avoided.

26.  Closing of Ballot Box after Poll: At the close of the poll, the ballot boxes will be inspected for verifying:

i. that the slit for insertion of ballot papers is still open;

ii. that the paper seal or other seals on each box are in tact after the seal cover or the window cover, as the case may be has been opened;

iii. that the slit for insertion of ballot papers is thereafter effectively closed and cannot be opened again; and

iv. that the seal cover or the window cover, as the case may be, is secured and sealed with the Presiding Officers seal.

27. Account of Ballot Papers: The Presiding Officer shall after counting of all ballot papers contained in all the ballot boxes used at the polling station has been completed, fill in and sign the result of counting in Form 7, announcing the particulars and unless there is recounting of votes shall transmit the same to the Returning Officer.

CHAPTER-X

COUNTING OF VOTES & DECLARATION OF RESULTS

1. Date, Place and time of counting:The date, place and time fixed for counting will be indicated in the election programme issued under Rule 19 (2)(x) of the 1978 Rules. If for any unavoidable reason, Presiding Officer is unable to proceed with the counting at the polling station itself and time, he will postpone the counting of votes,  fix another date and time and if necessary, another place for the counting of votes with the prior approval of the State Election Commission. You or your election agent will be given notice of every such change in writing.

Generally, counting of votes will be done on the same day on which polling takes place.

Every effort will be made to complete the counting on the same day. For this purpose the counting will commence at the prescribed time after completion of poll.

You and/or your polling agent and election agent are permitted to be present at the time of counting. No other person except those authorized by the Returning Officer  to assist him in counting will be allowed to be present at the time of counting.

You should, therefore, write to the Returning Officer  in advance not later than one hour before the time fixed for counting, nominating your representative for this purpose.

You and your polling agent/counting agent have the right to be present at the place of counting. You should produce the identity card issued to you by the Returning Officer. Similarly, your polling agent/counting agent should produce the attested duplicate copy of his appointment letter.

2. If the counting is to be made at a place other than the Polling Station:

(a) You will be also intimated of the number of counting tables that will be arranged, so as to facilitate appointment of counting agents by you for counting of votes of ward of municipalities.

(b) Instructions are issued to Presiding Officer or Returning Officer to permit you to appoint as many counting agents as there are counting tables.

3. Persons allowed in Counting Hall/Centre: The following persons only will be allowed inside the counting hall/centre:
(1) The Returning Officer  or Presiding Officer or such other officer authorized by him in this behalf, shall exclude from the place fixed for counting of votes all persons except—

(a) such persons as he may appoint to assist him in the counting;

(b) persons authorized by the State Election Commissioner or the Deputy Commissioner;

(c) public servants on duty in connection with the election ; and

(d) candidates and their counting agents

(2) No person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election, shall be appointed under clause (a) of sub-rule (1).

(3) The Returning Officer or Presiding Officer or such other Officer authorized by him in this behalf, shall decided which counting agent or agents shall watch the counting at any particular counting table or group of counting tables.

(4) Any person, who during the counting of votes misconducts himself or fails to obey the lawful directions of the Returning Officer or Presiding Officer or such other officer authorized by him in this behalf, may be removed from the place where the votes are being counted, by the Returning Officer, or by any police officer on duty or by any person authorized in this behalf by the Returning Officer.

4. Maintenance of Secrecy of Counting: You should maintain secrecy of counting. The Returning Officer/Presiding Officer will explain before commencement of counting the procedure prescribed for counting.

5. Declaration of Result & Certificate of Election:Soon after the declaration of result, the Returning Officer will, if you are elected, grant you a certificate of Election and obtain from you an acknowledgement of its receipt duly signed by you. In case you are not present at the time of declaration of result you should immediately contact the Returning Officer  and obtain the certificate of election.