VISAKHAPATNAM MUNICIPAL CORPORATION ACT, 1979

19 of 1979

An Act to provide for the establishment of a Municipal Corporation for the city of Visakhapatnam. Be it enacted by the Legislature of the State of Andhra Pradesh in the Thirtieth Year of Republic of India as follows

Section 1 Short title and commencement

(1) This Act may be called the Visakhapatnam Municipal Corporation Act, 1979.

(2) It shall be deemed to have come into force on the 16th April, 1979.

Section 2 Definitions

(1) In this Act, unless the context otherwise requires:-

(a) "Corporation" means the Municipal Corporation of Visakhapatnam deemed to have been constituted under Section 3;

(b) "Council" means the Municipal Council of Visakhapatnam;

(c) "Municipality" means the Visakhapatnam Municipality;

(d) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in Clauses (24) and (25) of Article 366 of the Constitution of India.

(2) All words and expressions used in this Act and not defined but defined in the Hyderabad Municipal Corporation Act, 1955, shall have the meanings respectively assigned to them in the Act.

Section 3 Establishment of a Municipal Corporation for the city of Visakhapatnam

(1) With effect on and from the commencement of this Act, the local area included in the Visakhapatnam Municipality shall constitute the city of Visakhapatnam for purposes of this Act; and from such commencement, a Municipal Corporation shall be deemed to have been established for the said city by the name of Visakhapatnam Municipal Corporation:

Provided that the Government may, from time to time, after consultation with the Corporation, by notification in the Andhra Pradesh Gazette, alter the limits of the city constituted under this sub-section so as to include therein or to exclude therefrom, the areas specified in the notification;

Provided further that the power to issue a notification under this sub-section shall be subject to previous publication.

(2) The Corporation shall, by the said name, be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name, sue and be sued.

(3) The Visakhapatnam Municipality functioning immediately before the commencement of this Act shall be deemed to have been abolished from such commencement.

Section 4 Municipal Authorities

The municipal authorities charged with carrying out the provisions of this Act shall be:-

(a) a Corporation;

(b) a Standing Committee;

(c) a Commissioner.

Section 5 Constitution of Corporation

(1) Subject to the provisions of sub-section (2), the Corporation shall consist of such number of Councillors as may be fixed by the government by notification in the Andhra Pradesh Gazette, from time to time, so however, that the total number of Councillors of the Corporation shall not exceed fifty at any time.

(2) In addition to the Councillors referred to in sub-section (1), every Member of the Legislative Assembly of the State and every Member of the House of the People elected from any constituency, which forms part, wholly or partly of the Corporation, shall be an ex-officio Councillor of the Corporation.

(3) Out of the total strength of the Councillors, the Government which forms part, wholly or partly of the Corporation shall, subject to such rules as may be prescribed, reserve-

(a) six per cent thereof to the Members belonging to Scheduled Tribes;

(b) fifteen per cent thereof to the Members belonging to Scheduled Castes;

(c) nine percent thereof to women; and

(d) twenty per cent thereof to the Members belonging to Backward Classes; and determine the division in respect of which reservation is made as aforesaid:

Provided that in case the Corporation comprises more than one Assembly Constituency wholly or partly, reservation to all categories put together in respect of the divisions wholly comprised in each such Assembly Constituency shall not exceed fifty per cent of such divisions in each such Assembly Constituency.

Explanation:- For the removal of doubts it is hereby declared that,-

(i) the expressions Scheduled Castes' and Scheduled Tribes' shall have the same meanings respectively assigned to them in Clauses (24) and (25) of Article 366 of the Constitution of India;

(ii) the expression Backward Classes' means any socially and educationally Backward Classes of citizens recognised by the Government for purposes of Clause (4) of Article 15 of the Constitution of India;

(iii) for the purpose of reserving the Office of Councillor to the Members belonging to the Backward Classes, the population figures of the Backward Classes gathered in the socio-economic survey conducted by the Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited, Hyderabad shall be taken as the basis.

Section 6 Andhra Pradesh Municipalities Act, 1965 not to apply to the city

(1) Subject to the provisions of sub-sections (2) and (3), the Andhra Pradesh Municipalities Act, 1965, shall, with effect on and from the commencement of this Act, cease to apply to the local area comprised within the city of Visakhapatnam.

(2) Such ceasor shall not affect:-

(a) the previous operation of the Andhra Pradesh Municipalities Act, 1965 in respect of the local area comprised within the city of Visakhapatnam

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Andhra Pradesh Municipalities Act, 1965, or

(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

(3) Notwithstanding anything contained in sub-section (1), all notifications, rules, bye-laws, regulations, orders, directions and powers, made, issued or conferred under the Andhra Pradesh Municipalities Act, 1965, and in force at the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act continue to be in force in the local area comprised within the city of Visakhapatnam, until they are replaced by the notifications, rules, bye-laws, regulations, orders, directions and powers to be made or issued or conferred under this Act.

Section 7 Application of the provisions of the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956) to the Corporation

(1) Save as otherwise expressly provided herein, all the provisions of the Hyderabad Municipal Corporations Act, 1955 (hereinafter in this section called "the said Act") including the provisions relating to the levy and collection of any tax or fee *[xxxx] are hereby extended to and shall apply mutatis mutandis to the Corporation and the said Act shall, in relation to the Corporation be read and construed as if the provisions of the Act had formed part of the said Act.

(2) For the purpose of facilitating the application of the provisions of the Hyderabad Municipal Corporation Act, 1955 to the Corporation, the Government may, by notification, make such adaptations and modifications of the said Act and the rules and bye-laws made thereunder whether by way of repealing, amending or suspending any provision thereof, as may be necessary or expedient and thereupon the said Act and the rules made thereunder, shall apply to the Corporation subject to the adaptations and modifications so made.

(3) Notwithstanding that no provision or insufficient provision has been made under sub-section (2) for the adaptation of the provisions of the said Act, or the rules made thereunder any Court, Tribunal or authority required or empowered to enforce these provisions may, for the purpose of facilitating their application to the Corporation, construe these provisions in such manner, without affecting the substance, as may necessary or proper regard to the matter before the Court, Tribunal or authority.

Section 7A Levy and collection of pipeline service charges

The Government may, by notification, direct the Corporation to levy and collect pipeline service charges from every owner or occupier of a premises to which water connection has been given at such rate as may be prescribed to the different categories as may be specified in this regard to defray the capital cost of pipeline service works undertaken by the Corporation and the operation and maintenance of the pipeline system from time to time:

Provided that no such charges shall be levied on the owner or occupier of any premises situated in the areas which are not served by the pipeline system of the Corporation.

Section 8 Transitional provisions

(1) All property, all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the Council, with all rights of whatever kind used, enjoyed or possessed by the said Council as well as all liabilities legally subsisting against the said Council, shall, on and from the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, pass to the Corporation.

(2) All arrears of taxes or other payment by way of composition for a tax or due for expenses or compensation, or otherwise due to the said Council at such commencement may be recovered as if they had accrued to the Corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act.

(3) Save as otherwise provided in sub-section (3-A) all taxes, fees and duties, which immediately before the commencement of this Act, were being levied by the said Council, shall be deemed to have been levied by the Corporation under the provisions of this Act and shall continue to be, in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.

(3A) In the case of land and buildings vested in the trustees of the Visakhapatnam Port Trust, it shall be lawful for the Corporation to levy by resolution in any year, a property tax at the rate of four percentum of the annual gross earnings of the said Trust, in the year immediately preceding such levy.

(4) All proceedings taken by or against the Council or authority or any person under the Andhra Pradesh Municipalities Act, 1965, may be continued by or against the Corporation, authority, or person as if the said proceeding had been started under the provisions of this Act.

(5) Any action taken under the Andhra Pradesh Municipalities Act, 1965, by any authority before such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force.

(6) Notwithstanding anything in this Act, every officer or employee who, immediately before such commencement was in the service of the municipality shall be deemed to be an officer or employee of the Corporation:

Provided that -

(i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Corporation shall not be less favourable than those applicable to such employees immediately before such commencement, as respects pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and

(ii) the service rendered by any such officer or other employee under the municipality upto such commencement shall be deemed to be service under the Corporation and he shall be entitled to count service for the purpose of increments, leave, pension or provident fund and gratuity:

Provided further than any officer or other employee serving in the municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the Corporation or to be retained in the service constituted, under Section 72 of the Andhra Pradesh Municipalities Act, 1965, or to be retrenched from the service of the Municipality on such retrenchment benefits as may be prescribed.

(7) Any division of the Visakhapatnam Municipality into wards made under the Andhra Pradesh Municipalities Act, 1965 and in force at the commencement of this Act shall, be deemed to be a division of the Corporation.

(8) The electoral roll prepared for the Visakhapatnam Municipality under the Andhra Pradesh Municipalities Act, 1965, and in force at the commencement of this Act, shall be deemed to be the electoral roll for the Corporation until a new electoral roll is prepared and published; and the part of the said electoral roll relating to each ward of the municipality shall be deemed to be the list of the electoral roll for the corresponding division of the Corporation.

Section 9 Appointment of Special Officer

(1) There shall be appointed by the State Government, by a notification in the Andhra Pradesh Gazette, a Special Officer to exercise the powers, perform the duties and discharge the functions of:

(a) the Corporation;

(b) the Standing Committee; and

(c) the Commissioner.

(1A) The Government shall cause elections to be held to the Corporation so that the newly elected Councillors may come into office on such date as may be specified by the Government in this behalf by a notification in the Andhra Pradesh Gazette:

Provided that the Government may, from time to time advance or postpone the date specified under this sub-section and specify instead another date;

Provided further that the term of office of the Special Officer shall expire on the date of election of the Mayor.

(2) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the Corporation until the elected Councillors come into office, of the Standing Committee until a Standing Committee is appointed by the Corporation and of the Commissioner, until a Commissioner is appointed by State Government as the case may be, and any such officer may, if the State Government so direct receive remuneration for his services from the municipal fund.

(3) Until a new Special Officer is appointed by the Government under sub-section (1), the Special Officer of the municipality functioning immediately before the commencement of this Act shall be deemed to be the Special Officer of the Corporation and he shall exercise the same powers and perform the same duties and discharge the same functions as those exercised, performed and discharged by the Special Officer appointed under sub-section (1).

Section 10 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Andhra Pradesh Gazette, do anything not inconsistent with such provisions, which appears to them to be expedient or necessary for the purpose of removing the difficulty.

(2) Every notification issued under this section shall be laid before both Houses of the State Legislature as soon as may be after it is issued and if both Houses agree in making any modification in the notification or in the annulment of notification, the notification, shall thereafter have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

Section 11 Power to make rules

(1) The State Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 12 Repeal of Ordinance 8 of 1979

The Visakhapatnam Municipal Corporation Ordinance, 1979, is hereby repealed.

RULE:

ANDHRA PRADESH MUNICIPAL CORPORATIONS (CONDUCT OF ELECTION OF MEMBERS) RULES, 2005

In exercise of the powers conferred by sub-section (1) of Section 585 read with Sections 20B, 60A, 67, 71, 617B and 617C of the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956), Sections 7 and 11 of the Visakhapatnam Municipal Corporation Act, 1979 (Act No. XIX of 1979), Section 7 and 11 of the Vijayawada Municipal Corporation Act, 1981 (Act No. XXIII of 1981) and Sections 7, 14 and 18 of the Andhra Pradesh Municipal Corporations Act, 1994 (Act No. XXV of 1994), and in supercession of all the previous rules on the subject, the Governor of Andhra Pradesh, hereby, makes the following rules elating to he Election of Members, Election Expenses and Election Petitions, namely:-

CHAPTER 1 Preliminary

Rule 1 Short title and application

(1) These rules may be called the Andhra Pradesh Municipal Corporations (Conduct of Election of Members, Election /Expenses and Election Petitions) Rules. 2005.

(2) They shall apply to the Municipal Corporations of Hyderabad, Visakhapatnam, Vijayawada and to all Municipal Corporations Constituted under the Andhra Pradesh Municipal Corporations Act, 1994.

Rule 2 Definitions

(1) In these rules, unless he context otherwise requires:-

(a) 'Act' means the Hyderabad Municipal Corporations Act, 1955(Act II of 1956);

(b) 'ballot box' includes any box, bag or other receptacle used for the insertion of the ballot paper by a voter;

(c) 'counterfoil' means the counterfoil attached to a ballot paper printed unde the provisions of these rules;

(d) 'electoral roll' means the electoral roll for the corporation concerned prepared and published under Section 12 of the Act;

(e) 'electronic voting machine' means, the voting machine referred to in Section 60 A of the Act;

(f) 'Form" means a form appended to these rules and includes a translation thereof in Telugu or any other languages specified in Schedule 8 of the Constitution;

(g) 'Marked copy of the Electoral Roll'means the copy of the electoral rolls set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election or the names of electors who are allowed to vote through electronic voting machine;

(h) 'Voter' in relation to an election to an election to any Municipal Corporation means a person in the electoral roll of the ward concerned for the time being in force and who is not subject to any disqualification for voting;

(2) Words and expressions used in these rules but not defined shall have the meaning assigned to them in the Act.

(3) For the purpose of these rules, a person who is unable to write his name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper if,-

(a) he has placed a mark on such instrument or other paper in the presence of the Commissioner the Returning Officer or the Presiding Officer or such other officer as may be specified in this behalf by the Commissioner; and

(b) the officer aforesaid on being satisfied as to his identity has attested the mark as being the mark of that person.

CHAPTER 2 Election of Members

Rule 3 Deposit

(1) A candidate shall not be deemed to be duly nominated unless he deposits:or caused to be deposited a sum 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:

Provided that where a candidate has been nominated by more than one nomination paper for election in the same ward not more than one deposit shall be required of him under this sub-rule.

(2) Any sum required to be deposited under sub-rule (1) shall not be deemed to have been deposited under that sub-rule unless at the time of delivery of the nomination paper under sub-section (1) of Section 36 of the Act,the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination apper a receipt showing hat the said sum has been deposited by him or on his behalf in the State Bank of Hyderabad or a Government Treasury.

Rule 4 Declarations to accompany Nomination Paper

(1) Every nomination paper delivered under Section 36 of the Act, shall be accompanied by such declaration as are specified in Forms I, II and III, provided that declaration in Form II shall be required-

(a) in the case of an election in a Ward where the seat to be filled is reserved for the Scheduled Tribes,Scheduled Castes or Backward Classes;

(b) the nomination papers to be presented by or on behalf of any candidate or accepted by the Returning Officer for election in the Ward under sub-section (8) of Section 36 of the Act, shall not exceed four;

(2) Every candidate shall along with the nomination paper also file an affidavit with regard to his criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format sworn before a Notary Public or a Magistrate of the First Class.

Rule 5 Receipt of nomination papers and notice of scrutiny

The certificate required under Section 38 of the Act, shall be in From IV and the receipt for nomination and the notice of scrutiny shall be in Form V.

Rule 6 Notice of nominations received

The notice of nomination to be affixed under Section 38 of the Act, shall be in Form VI.

Rule 7 List of validity nominated candidates

(1) After making endorsement on the nomination paper as required under sub-section (6) of Section 39 of the Act, the Returning Officer shall sign thereon a certificate of scrutiny in Form VII.

(2) The list of validly nominated candidates referred to in sub-section (8) of Section 39 of the Act, shall be in Form VIII.

(3) The name of every such candidate shall be shown in the list of validity nominated candidates as it appears in his nomination paper:

Provided that if a candidate considers that his name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by which he is popularly known, he may at any time before the list of contesting candidates is prepared furnish in writing to the Returning Officer, the proper form and spelling of his name and the Returning Officer shall, on being satisfied as to the genuineness of the request, make the necessary correction or alteration in the list in Form VIII and adopt the form and spelling in the list of contesting candidates.

Rule 8 Receipt of notice of withdrawal

(1) On receipt of the notice of withdrawal of candidature, the Returning Officer shall note thereon the date on which it was delivered. The receipt of notice of withdrawal to be handed over to the person delivering the said notice shall be in form IX.

(2) The notice of withdrawal to be affixed under sub-section (3) of Section 40 of the Act, shall be in For]m X.

Rule 9 Publication of the list of contesting candidates

(1) On the expiry of he time allowed for withdrawal of candidature, the Returning Officer shall prepare a list in Form XI of persons whose nominations have not been rejected and who have not withdrawn their candidature which may be called as list of contesting candidates and publish it on the notice board of his Office forthwith.

(2) The list of the contesting candidates shall be prepared in such languages as the State Election Commission may direct and shall contain the names in alphabetical order" and addresses of the contesting candidates as given in the nomination paper. The alphabetical order shall be determined with reference to the surnames of candidates having surnames and the names proper of other candidates, and if the list is prepared in more than one language, the names of candidates therein shall be arranged in alphabetical order according to the script of such one of those languages as the State Election Commission may direct. If a poll is found to be necessary, the Returning Officer shall specify symbol assigned to each candidate:

Provided that if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. The names of such candidates shall be arranged in the order in which their nominations were received by the Returning Officer.

(3) If a poll is found to be necessary the Returning Officer shall assign to every contesting candidate a distinctive symbol as per the provisions of Section 34 of the Act read with paragraph 6 of the Registration of Political parties and Allotment of Symbols Order, 2001 issued by the State Election Commission and any other instructions issued by the State Election Commission in this behalf from time to time.

(4) In every case where a symbol has been assigned to a candidate under sub-rule.

(5) such candidate or his election agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen hereof by the Returning Officer.

Rule 10 Appointment of election Agent

The Appointment of an election agent under Section 43 (1) of the Act shall be made in form XII and the notice of such appointment shall be given by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the candidate or the election agent after affixing hereon his seal and signature in token of his approval of the appointment.

Rule 11 Revocation of appointment of Election Agent and appointment of another person

The revocation of appointment of an election agent under sub-section (1) of Section 45 of the Act shall be in Form XIII. The procedure laid down in Rule 10 shall apply for appointment of another person to be an election agent under sub-section (2) of Section 45 of the Act.

Rule 12 Appointment of Polling Agents

(1) The number of polling agents that may be appointed under Section 47 of the Act shall be one agent and two relief agents for each polling station.

(2) Every such appointment shall be made in duplicate in Form XIV and a copy of such appointment shall be given to the Returning Officer and a duplicate copy thereof shall be made over to the polling agent for production at the polling station or the place fixed for the poll, as the case may be.

(3) No polling agent shall be admitted into the polling station or the place fixed for the poll unless he has delivered to the Presiding Officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the Presiding Officer, the declaration contained therein.

Rule 13 Appointment of Counting Agents

(1) The number of counting agents that a candidate may appoint under Section 48 of the Act shall be one agent for each table plus one more at the table of the Returning Officer.

(2) every such appointment shall be made in Form XV in duplicate 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 not later than one hour before the time fixed for counting of votes.

(3) No counting agent shall be admitted at the place fixed for counting, unless he has delivered to the Returning Officer the second copy of his appointment under sub-rule (2) after duly completing and signing the declaration contained therein and receiving from the Returning Officer an authority for entry into the place fixed for counting.

Rule 14 Revocation of appointment or death of Polling Agent

(1) The revocation of the appointment of a polling agent under sub-section (1) of Section 49 of the Act shall be in Form XVI and be lodged with the Returning Officer while sending a copy thereof to the Presiding Officer of the polling station at which the polling agent is appointed.

(2) In the event of any such revocation, the candidate / his election agent may at any time before the poll is closed, make a fresh appointment in the manner specified in Rule 12 and the provisions of that rule shall apply to every such appointment.

Rule 15 Revocation of appointment or death of counting Agent

(1) The revocation of appointment of counting agent under sub-section (2) of Section 49 of the Act shall be in Form XVII and be lodged with the Returning Officer.

(2) In the event of any such revocation before the commencement of counting of votes, the candidate/election agent may make a fresh appointment in accordance with the provisions of Rule 13.

Rule 16 Admission to Polling Station

(1) The Presiding Officer shall regulate the number of voters to be admitted at any one time inside the Polling Station and shall exclude there from all other persons except:

(a) the Polling Officers;

(b) each candidate, his election agent, and one Polling Agent of each candidate;

(c) other public servants on duty;

(d) a child in arms accompanying a voter;

(e) the companions of blind or infirm voters who cannot move without help; and

(f) such other persons as the Presiding Officer may, from time to time, admit for the purpose of identifying voters or otherwise assisting him in taking the poll.

(2) The Presiding Officer shall close the polling station at the hour fixed in that behalf under Section 57 of the Act and shall not admit thereto any voter after that hour:

Provided that all voters present within the polling station before it is so closed shall be entitled to have their votes recorded.

(3) If any question arises as o whether any voter shall, for the purpose of the proviso to sub-rule (2) be deemed o be present within the polling station before it is closed, the question shall be referred for the decision of the Presiding Officer of such polling station and his decision shall be final.

Rule 17 Arrangements for secrecy of voting and special facilities for Women voters at a polling station

(1) Each polling station shall be furnished with a compartment (referred to in these rules as a voting compartment) in which voters can, one after another, cast their votes screened from observation and no voter shall be allowed to enter such voting compartment when another voter is inside the same for the purpose of recording his vote.

(2) Where a polling station is for both men and women voters, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(3) The Returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women voters and also to assist the Presiding Officer generally in taking the poll in respect of women voters and in particular, to help in searching any woman voter incase it becomes so necessary.

(4) The Presiding Officer may permit a voter to enter the voting compartment with a child in arms for the purpose of voting.

Rule 18 Provision of ballot boxes and other election material at polling station

(1) There shall be displayed prominently outside each polling station:-

(a) a notice specifying the polling area, the voters of which are entitled to vote at the polling station, or the particulars of the voters so entitled; and

(b) a copy of the list of contesting candidates for Member in the same language or languages and in the same order in which the name of contesting candidates at the election are published under Rule 9.

(2) The Returning Officer shall provide for each polling station:-

(a) as many ballot boxes as may be necessary;

(b) a sufficient number of ballot papers and copies of the relevant part of the list of voters in respect of the polling area, the voters where of are entitled to vote at the polling station;

(c) instruments for stamping the distinguishing mark on ballot papers and articles necessary for the voters to mark the ballot papers.

Rule 19 Distinguishing mark on ballot paper

(1) Every ballot paper before it is delivered to a voter at a polling station shall bear such distinguishing mark as the State Election Commission may direct and it shall be kept secret.

(2) When any direction under sub- rule (1) has been issued by the State Election Commission, the Returning Officer shall provide at each polling station, instrument or instruments required for stamping such mark on the ballot paper.

(3) The Presiding Officer at each polling station shall sign his name in full on the back of each ballot paper before it is issued to the voter.

Rule 20 Ballot Boxes to be locked and sealed before the commencement of poll

(1) Every ballot box shall be of such design and colour as have been previously approved of by the State Election Commission. It shall be so constructed that ballot papers can be inserted therein but cannot be withdrawn there from without the box being unlocked and the seals being broken.

(2) The Presiding Officer at each polling station, shall, immediately before the commencement of poll, allow the candidates, their Election Agents and heir polling agents who may be present at such station to inspect each ballot box to be used at the poll and demonstrate to them that it is empty and bears the labels both inside and outside marked with,

(a) the serial number, if any, and name of the Ward;

(b) the serial number and name of the polling station;

(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only); and

(d) the date of poll.

(3) When it is necessary to use a paper seal for securing the ballot box, the Presiding Officer shall fix in the space meant there for in each such box a paper seal provided for the purpose. He shall also affix on such paper seal his own signature or seal of such candidates or of such election or Polling Agents of the candidates as may be present and may desire to affix such signature or seals. He shall then secure and seal each box in their presence in such manner that the slit in the box for insertion of ballot papers therein remains open.

(4) Where it is not necessary to use a paper seal for securing the ballot box, the presiding officer shall after complying with the provisions of sub- rule (2), secure and seal the box in such manner that the slit in the box for insertion of ballot papers therein remains open and shall also allow the candidates or their election or Polling Agents, who may be present affix their own seals on the space in the box meant here for if they so desire.

(5) The paper seal or he other seals used for securing a ballot box shall be affixed in such a manner that after the box has been closed, sealed and secured, then they shall be placed in full view of the Presiding Officer and the agents referred o in sub-rule (2).

Rule 21 Special procedure for prevention of personation of voters

(1) Subject to he other provisions of this rule every voter who applies for a ballot paper for the purpose of voting at a polling station shall, before receiving such paper allow:

(a) the inspection of his left fore-finger to the Presiding Officer or any Polling Officer, and

(b) an indelible ink mark to be put on his left fore-finger;

(2) Of any such voter:-

(a) refuses to allow such inspection of his left fore-finger;

(b) refuses to allow an indelible ink mark to be put on his left fore-finger, or

(c) persists in doing any act with a view to remove such mark after it has been put; he shall not be entitled to be supplied with any ballot paper or to record his vote at the election.

(3) No person who has already such a mark on his left fore-finger at the time he enters the polling station shall be supplied with any ballot paper and if any such person applies for a ballot paper he shall be liable to be arrested and prosecuted for personation.

(4) Any reference in this rule or in Rule 22 to the left fore-finger of a voter shall, in the case where the voter has his left fore-finger missing, be construed as a reference to any finger of his hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the fore-finger or any other finger of his right hand, and shall, in the case where all his fingers of both the hands are missing, be construed as a reference such extremity of his left or right arm he possesses.

Rule 22 Procedure before recording of votes

(1) The voter on entering the polling station shall first have his left fore-finger to be inspected by a polling officer for the purpose of ascertaining if he/she already has any mark of indelible ink on that finger. If there is no such mark, such or any other polling officers:-

(a) shall ascertain the voter's name and address and such other particulars as appear in the electoral roll and, after having checked these by reference to the electoral roll shall call out the number, name and description of the voter according to the entry in the electoral roll;

(b) shall thereafter cause the left hand fore-finger of the voter to be marked with indelible ink and hen deliver a ballot paper. Before delivering the ballot paper to a voter where a direction has been issued in this behalf under Rule 19, he polling officer shall stamp the ballot paper and its counterfoil on the back with such mark as may have been specified under that rule; and

(c) shall before delivering he ballot paper to a voter:-

(i) record on its counterfoil the part number and the serial number of he voter in the electoral roll as entered in the marked copy of the electoral roll;

(ii) obtain the signature or thumb impression of that voter on the said counterfoil; or

(iii) mark the name of the voter in the marked copy of the list of voters to indicate that the ballot paper has been issued to him without however recording therein the serial number of the ballot paper issued to the voter:

Provided that no ballot paper shall be delivered to voter unless he has affixed his signature or thumb impression on the counterfoil of that ballot paper. It shall not be necessary for any Presiding Officer of Polling Officer or any other Officer to attest the thumb impression of he voter on the counterfoil.

(2) No person in the polling station shall note down the serial numbers of the ballot papers issued to particular voter.

(3) In deciding he right of a person to obtain a ballot paper under this rule, the Presiding Officer at any polling station may interpret an entry in the electoral roll so as to overlook merely clerical or printing errors, provided that he is satisfied that such person is identical with the voter to whom such entry relates.

Rule 23 Identification of voters

(1) The Presiding Officer may employ at the polling station such persons as he thinks fit to assist him or any Polling Officer in identifying the voters.

(2) Where the electors have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960 issued under Representation of People Act, 1950, the elector shall produce his identity card before the Presiding Officer or the Polling Officer authorized by him in this behalf. Where such identity cards are not issued, each elector shall establish his identity by producing any such documents as are specified, by order, by the State Election Commission.

Rule 24 Casting of votes after the receipt of Ballot Papers

(1) The voter on receiving the ballot paper shall forthwith:-

(a) proceed to the voting compartment;

(b) make a mark on the ballot paper with the instrument supplied for the purpose on or near he symbol of the candidate for whom he intends to vote;

(c) fold the ballot paper so as to conceal his vote;

(d) if required, show to the Presiding Officer the distinguishing mark on the ballot paper;

(e) insert the folded ballot paper into the ballot box;

(f) quit the polling station.

(2) Every voter shall vote without undue delay.

(3) No voter shall be allowed to enter a voting compartment, when another voter is inside it.

(4) The Presiding Officer at a polling station shall, when he is so requested by a voter, explain to him the instructions contained in these rules for recording of vote.

(5) If a voter to whom a ballot paper has been issued, refuses after warning given by the Presiding Officer to observe the procedure as laid down in sub-rule (1) the ballot paper issued to his shall, whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or by a Polling Officer under the directions of the Presiding Officer.

(6)After the ballot paper has been taken back the Presiding Officer shall record on its back he words "cancelled: voting procedure violated,' and put his signature below those words.

(7) All the ballot papers on which the words "cancelled: Voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "ballot papers: voting procedure violated."

(8) Without prejudice to any other penalty to which voter from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote if any, recorded on such ballot paper shall not be counted.

Rule 25 Recording of Votes of Blind or infirm Voters

(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity a voter is unable to read the names or recognize the symbols on the ballot-paper or to make a mark thereon without assistance, the Presiding Officer shall permit the voter to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes and, if necessary for folding the ballot paper so as to conceal the vote and inserting it into the ballot box:

Provided that no person shall be permitted to act as the companion of more than one vote at any polling station on the same day.

Provided further that before any person is permitted to act as companion of a voter on any day under this rule, the person shall be required to declare, that he will keep secret he vote recorded by him on behalf of the voter and that he has not already acted as companion of any other voter at any Polling station on that day.

(2) The Presiding Officer shall keep a record in Form XVIII of all cases under this rule.

Rule 26 Voter to be questioned in case of doubt as to is identity

At any time before a ballot paper is delivered to a voter, the Presiding Officer or a Polling Officer may of his own motion, if he has reason to doubt the identity of the voter or his right to vote at such election and shall if so required by a candidate or polling agent, put to the voter the following questions:-

(1) Are you the person enrolled as follows :-(reading the whole entry from the electoral roll).

(2) Have you already voted at the present election in this Ward?

(3) Have you already voted at the present election in any other Ward?And the voter shall not be supplied with a ballot paper if he refuses to answer any of these questions and unless he answers the first question in the affirmative, the second and the third question in the negative.

Rule 27 Form of Ballot Paper

(1) Every ballot paper to be used at an election shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such colour, form and the particulars therein shall be in such language, or languages as the State Election Commission may direct. It shall also contain the symbols allotted to the candidates.

(2) The ballot paper shall contain the name of candidates in the same order in which they appear in the list of contesting candidates.

(3) If two or more candidates bear the same name they shall be distinguished by the addition of their occupation or residence or in some other manner.

(4) The ballot papers shall be serially numbered and the counterfoils thereof shall have on their faces the same serial numbers as those contained on the faces of the ballot paper.      

Rule 28 Tendered Votes

(1) If a person representing himself to be a particular voter seeks a ballot paper after another person has already voted as such voter, he shall on satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, be entitled subject to the following provisions of this rule, to mark a ballot paper (hereinafter in these rules referred to as a "tendered ballot paper") in the same manner as any other voter.

(2) Every such person shall, before being supplied with a tendered ballot paper; sign his name against the entry elating to him in a list in Form XIX.

(3) A tendered ballot paper shall be the same as he other ballot papers used at the polling station except that-

(a) such tendered ballot papers shall be serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words "tendered ballot paper" by the Presiding Officer, in his own hand and signed by him;

(4) The voter after making a tendered ballot paper in the voting compartment and folding it, shall instead of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

Rule 29 Challenged Votes

(1) Any polling agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of Rupees five in cash with the Presiding Officer for each such challenge.

(2) On such deposit being made, the Presiding Officer shall:-

(a) Warn the person challenged of the penalty for personation;

(b) Read the relevant entry in the list of voters in full and ask him whether he is the person referred toin that entry;

(c) Enter his name and address in the list of challenged votes in Form XX, and

(d) Require him to affix his signature in the said list.

(4) The Presiding Officer shall thereafter hold a summary enquiry in respect of the challenge and may for that purpose,

(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity.

(b) put to the person challenged any question necessary for the purpose of establishing his identify and require him to answer them on oath; and

(c) administer an oath to the person challenged and any other person offering to give evidence.

(4) If, after the enquiry, the Presiding Officer considers that the challenge his not been established, he shall allow the person challenged to vote; and if he considers that the challenge has been established he shall debar the person challenged from voting.

(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Municipal Corporation concerned and in any other case he shall return it to the challenger at the conclusion of the enquiry.

Rule 30 Spoilt and Returned Ballot Papers

(1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may , on returning it to the Presiding Officer and on satisfying him of the inadvertence, be given another ballot paper, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked "Spoilt" cancelled" by the Presiding Officer.

(2) If a voter after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "returned : cancelled" by the Presiding Officer.

(3) All the ballot papers cancelled under sub-rule (1) and sub-rule (2) shall be kept in separate packet.

Rule 31 Adjournment of poll in emergencies

(1)

(a) Where the poll is adjourned under Section 58 of the Act, the fact that the poll has been so stopped shall be immediately be announced by the Prsiding Officer to the persons present at the polling station.

(b) If the Presiding Officer considers it necessary to stop polling for a short interval due to heavy rain or dislocation of work in the polling station for some reason or other or due to disturbance of peace in the neighborhood of the polling station, he can do so by informing the public to that effect under intimation to the Commissioner through the Returning Officer. In such an event, the poll can be resumed and continued beyond the period fixed for the poll to the extent of the time for which the poll was stopped.

(2) Where a Presiding Officer stops a poll under sub-rule (l)(a), he shall observe the procedure laid down in Rule 34 and make a full report of the circumstances to the Commissioner through Returning Officer. The Commissioner in turn shall forward the same expeditiously with his remarks thereon, to the State Election Commissioner through the Election Authority.

(3) The State Election Commission shall thereupon order,-

(a) that the poll be continued at the polling station for the number of hours for which it was not held on the previous occasion, provided that not less than 50% of the voters had cast their votes; or

(b) that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a fresh poll be held at such polling station for the full number of hours for which it should have been held on the previous occasion,

(5) Any order passed under sub-rule (3) shall state,-

(i) the date on which and the hours between which the continuation poll or the fresh poll, as the case may be, shall be held; and

(ii) the date on which and the place and hour at which, the Returning Officer will commence the counting of the votes; and

(5)

(a) where an order is passed under clause (a) of sub-rule (3) for the continuation of the poll, the Returning Officer shall proceed afresh for conducting the poll and return to the Presiding Officer appointed all the packets received by him under sub-rule (2).

(b) The Presiding Officer shall open the packets just before the commencement of the continuation poll in the presence of such persons as may be present at the polling station and commence such poll precisely at the hour fixed there for in the order passed by the Station Election Commission under clause (a) of sub-rule (3).

(c) at the continuation, poll, the Presiding Officer shall allow only such electors to vote who did not vote on the previous occasion.

(6) Where an order is passed under clause (b) of sub-rule (3) for holding a fresh poll, the Returning Officer shall proceed afresh for conducting a fresh poll which shall be held at the polling station concerned in accordance with the provisions of these rules in all respects as if it were being held at such polling station for the first time.

Explanation:- There shall be no fresh nominations in cases falling under this sub-rule.

(7) Notwithstanding anything contained in this rule, if a candidate belonging to a recognised political party or a registered political party to which a symbol, if any, is reserved, dies at any time before orders are passed by the State Election Commission under sub-rule (3) or at any time after the passing of such orders but before the commencement of continuation poll or of the fresh poll, as the case may be, the Returning Officer shall upon being satisfied of the fact of the death of the candidate, intimate such fact to the State Election Commission through the Commissioner and stop all further proceedings in connection with the election and start election proceedings afresh in all respects as if for a new election to the seat concerned:

Provided that no fresh nomination shall be necessary in the case of the remaining candidates who stood nominated at the time when poll was stopped.

Rule 32 Fresh poll in case of destruction of ballot box

(1) If at any election, a ballot box is unlawfully taken out of the custody of the Returning Officer or the Presiding Officer and is in any way damaged or tampered with or is either accidentally or intentionally destroyed or lost, the procedure prescribed in Section 59 of the Act shall be followed.

Rule 33 Adjournment of poll etc., on the ground of booth capturing

Where booth capturing taken place the procedure prescribed in Section 59-A of the Act shall be followed.

Rule 34 Delivery of Ballot Boxes to the Returning Officer after the close of the Poll

(1) The Presiding Officer of each polling station shall, as soon as practicable after the close of the poll, in the presence of any candidates or their election or Polling Agents who may be present, close the slit for insertion of ballot papers of each ballot box, or where the box does not contain any mechanical devise for closing the slit, seal up the slit, and seal and secure all the ballot boxes used at the polling station. The Presiding Officer shall allow the candidates or their election agents and their polling agents present at the polling station to fix their seals on the slit ballot box or boxes.

(2) After sealing and securing the ballot box or boxes in accordance with the provisions of sub-rule (1), the Presiding Officer shall cause each such ballot box wrapped with new cloth which shall be sealed on the seams with his seal and also with the seals of any candidates or their election or Polling Agents who may be present and desire to affix their seals thereon. He shall also put his signature, and allow those candidates or their election or Polling Agents who may be present and desire to do so, to put their signature on a piece of paper which shall be properly pasted on the cloth in which each such ballot box has been wrapped.

(3)

(i) The Presiding Officer shall also make up into separate packets:-

(a) the unused ballot paper (i.e. those with the signature of the Presiding Officer and without the signature of the Presiding Officer);

(b) Counterfoils of the used ballot papers;

(c) The covers containing the tendered ballot papers;

(d) The returned ballot paper (i.e. those cancelled under Rule 30 and for violation of voting procedure under Rule 24);

(e) The marked copy of the electoral roll;

(f) The cover containing the tendered ballot papers and the list in Form XIX.

(g) The list of challenged votes; and

(h) Any other papers directed by the Returning Officer to be kept in a sealed packet.

(ii) Each such packet shall be sealed with the seal of the Presiding Officer and also of such candidates or their election or Polling Agents as may be present and may desire to affix their seals thereon. He shall as soon as practicable deliver the ballot box or boxes and all such packets and all other papers used at the poll or cause them to be delivered to the Returning Officer at such place as the Returning Officer may direct, subject to any general or special instructions issued in this behalf by the Commissioner.

Rule 35 Account of Ballot Papers to be prepared by the Presiding Officer after the close of the poll

The packets referred to in Rule 30 shall be accompanied by an account of ballot papers in Form XXI made by the Presiding Officer showing the total number of ballot papers entrusted to him, for the polling station and the member of ballot papers returned by him to the Returning Officer as un-used, tendered and returned ballot papers as also the number of ballot papers which should be found in the ballot boxes. The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent thereof and shall also attest it as a true copy.

Rule 36 Transport of Ballot Boxes and Packets and their Custody

The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets, and other papers referred to in Rule 30 and for their safe custody until the commencement of the counting of votes.

Rule 37 Special Procedure for voting by certain Class of Persons

At an election where a poll is taken, any member of the armed forces of the Union or a Member of the Armed Police Force of the State Serving outside the State may give his vote by postal ballot and such person shall not be entitled to give his vote in any other manner.

Rule 38 Voting by persons Subject to Preventive Detention

(1) Subject to the other provisions of this rule, a voter of a Wart may, if he is subjected to preventive detention under any law for the time being in force, give his vote by postal ballot at any election in such Ward where a poll is taken and such a voter shall not so long as he is subject to such detention, be entitled to give his vote in any other manner.

(2) As soon as possible after a notification calling upon to elect a Member has been issued, the Commissioner shall ascertain if any voter for the Ward is subject to preventive detention under any law for the time being in force and shall within ten days from the date of publication of such notification forward to the Returning Officer the names of such voters in that Ward who are under such detention together with their addresses and serial numbers in the electoral roll and the particulars about their places of detention.

(3) Any voter of a Ward who is subject to preventive detention under any law for the time being in force may, within ten days from the date of publication of a notification calling upon that Ward to elect Member apply to the Returning Officer of the Ward for permission to give his vote by postal ballot at such election. Every such application shall specify the name of the voter, his address, his serial number in the electoral roll and the particulars regarding his place of detention.

(4) If the Returning Officer is satisfied that the person v/hose name has been forwarded under sub-rule (3) is under preventive detention and is a voter of the Ward to which the election relates and is entitled to vote at such election, he shall permit such person to give his vote at the election by postal ballot.

(5) While granting any such permission the Returning Officer shall at the same time cause suitable notes to be recorded in each copy of the electoral roll in which such person is registered and which is intended to be used at the polling station where such person would if he had not been under detention, have normally voted so as to indicate that such person has been permitted to give his vote at the election by postal ballot.

Rule 39 Voting by persons employed on duty at polling station

(1) Presiding Officer, Polling Officer, or public servant, who is a voter for any ward and is by reason of his being on duty at a polling station unable to be present and to vote at the polling station where he is entitled to vote, any apply to the Returning Officer of the Ward for which he is a voter atleast seven days before the date or the first of the dates fixed for the poll at the Ward for permission to vote at the election by postal ballot. Every such application which shall be in Form-XXII shall, specify the name of the voter, his address and his serial number in the electoral roll.

(2) If the Returning Officer is satisfied that the claim is just and that the applicant is entitled to vote in the Ward, he shall allow the application and permit the applicant to give his vote at the election by postal ballot and thereupon the applicant may give his vote at such election by postal ballot and shall not be entitled to give his vote thereat in any other manner.

(3) While allowing such an application the Returning Officer shall, at the same time cause suitable notes to be recorded in each copy of the electoral roll in which the applicant is registered and which is intended to be used at the polling station where the applicant would otherwise have normally voted so as to indicate that the applicant has been permitted to give his vote at the election by the postal ballot.

(4) Where such voter, being a Polling Officer, Presiding Officer or other public servant on election duty in the ward of which he is an elector, wishes to vote in person at an election in a ward and not by post, he shall send an application in Form XXIII to the Returning Officer so as to reach him at least four days, or such shorter period as the Returning Officer may allow, before the date of poll; and if the Returning Officer is satisfied that the applicant is such public servant and voter on election duty in the ward he shall-

(a) issue to the applicant an election duty certificate in Form XXIV

(b) mark 'EDC' against him name in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him, and

(c) ensure that he is not allowed to vote at the polling station where he would otherwise have been entitled to vote.

Rule 40 Returning Officer to send Ballot Papers for Postal Voting

(1) The Returning Officer shall, in the case of every voter, who is authorised under Rule 37 or who has been permitted under sub-rule (4) of Rule 38 to give his vote at the election by postal ballot, as soon as may be after the publication under Rule 9 of the list of contesting candidates at the election and in the case of every voter who has been permitted under sub-rule (2) of Rule 38 to give his vote at the election by postal ballot as soon as may be after such permission has been granted, send by post under certificate of posting to each such voter, a ballot paper in Form XXV. The names of the candidates shall be arranged on the postal ballot paper, in the order in which they appear in the list of contesting candidates. If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. The Returning Officer shall at the same time:

(a) record on the counterfoil of the ballot paper the electoral roll number of the voter as entered in the marked copy of the electoral roll:

(b) mark the name of the voter in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that voter; and

(c) ensure that the voter is not allowed to vote at a polling station.

(2) A postal ballot paper shall be sent to the voter by post under certificate of posting together with,-

(a) a declaration in Form XXVI;

(b) an envelope in Form XXVII with the number of ballot paper entered on its face;

(c) a large cover addressed to Returning Officer himself in Form XXVIII; and

(d) instructions for guidance of voter in Form XXIX.

(3) The ballot paper together with cover, envelope and letter shall be sent:

(a) in the case where the voter is a member of the Armed Forces of the Union to the address of the voter as shown in the electoral roll;

(b) in the case where the voter is a person subject to preventive detention to such voter at the place of his detention; and

(c) in the case where the voter is a person, who has been permitted under sub-rule (2) of Rule 38 to give his vote by postal ballot, to such voter at the address given in the application made by him under sub-rule (1) of that rule.

(4) After all the ballot papers have been issued under this rule, the Returning Officer shall seal up in a packet the counter foil of all such ballot papers and record on such packet the description of its contents and the same of the Ward and the date of the election to which it refers.

(5) No election shall be invalidated by reason that a voter has not received his ballot paper provided that a ballot paper has been issued to him in accordance with these rules.

Rule 41 Recording of vote

(1) A voter who has received a postal ballot paper an desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Part-I of Form XXIX and then enclose it in the cover in Form XXVII.

(2) The voter shall sign the declaration in Form XXVI in the presence of and have the signature attested by a Stipendiary or Honorary Magistrate or such other office specified below as may be appropriate, to whom he is personally known, or to whose satisfaction he has been identified,

(a) in the case of member of the Armed Force of the Union or an Armed Police Force of the State but in serving outside the State, such officer as may be appointed in this behalf by the Commanding Officer of the unit, ship or establishment in which the voter or her husband, as the case may be, is employed:

(b) in the case of a voter on election duty, any Gazetted Officer,

(c) in the case of a voter under preventive detention, the superintendent of the jail or the commandant of the detention camp in which the voter is under detention.

Rule 42 Assistance to Illiterate or Infirm voters

(1) If a voter unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration, he shall take the ballot paper together with the declaration and the covers received by him to an officer competent to attest his signature under sub- rule (2) of Rule 38 and request the officer to record his vote and sign his declaration on his behalf.

(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of voter in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form XXVI.

Rule 43 Re-issue of Ballot Paper

(1) When a postal ballot paper and other papers sent under Rule 38 are for any reason returned undelivered, the Returning Officer may reissue them by post under certificate of posting or deliver them or cause them to be delivered to the voter personally on a request being made by him.

(2) If any voter has inadvertently dealt with the ballot paper or any of the other paper sent to him under Rule 40 in such a manner that they cannot conveniently be used, a second set of papers shall be issued to him after he has returned the spoilt papers satisfying the Returning Officer of the inadvertence.

(3) The Returning Officer shall cancel the spoilt papers so returned and keep them in separate packet after noting thereon the particulars of the election and the serial number of the cancelled ballot papers.

Rule 44 Return of Ballot Papers

(1) After a voter has recorded his vote and made his declaration under Rule 41 or Rule 42, he shall return the ballot paper and declaration to the Returning Officer, in accordance with the instructions communicated to him in Part-II of Form XXIX, so as to reach the Returning Officer before the hour fixed for the commencement of counting of votes.

(2) If any cover containing a postal ballot paper is received by the Returning Officer after the expiry of the time fixed in sub-rule (1), he shall note thereon the date and time of the receipt and shall keep all such covers together in a separate packet.

(3) The Returning Officer shall keep in safe custody until the commencement of the counting of votes all cover containing postal ballot papers received by him.

Rule 45 Safe custody of covers containing Postal Ballot Papers received by the Returning Officer

The Returning Officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him under Rule 41 or Rule 43.

Rule 46 Time and place for counting of votes

(1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf/ Votes shall be counted by or under the supervision of the Returning Officer. Each candidate, the election agent and the counting agent of each candidate shall have a right to be present at the time of counting. No other person shall be allowed to be present except such person as the Returning Officer may appoint to assist him in counting votes and no person shall be appointed to assist in counting votes who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election.

(2) If, at the time so appointed for the counting of votes at any such place all the ballot boxes containing ballot papers which are to be counted at such place under sub-rule (1) have not been received by the Returning Officer or, if for any other unavoidable cause he is unable to proceed with the counting of votes at the time and date appointed under sub-rule (1), the Returning Officer may postpone the counting, and fix the date and time of counting as per the directions of State Election Commission and may fix, if necessary, another place for the counting of votes on the date to which the counting has been so postponed, and shall give notice thereof in writing to all the candidates or their election agents.

Rule 47 Admission to place fixed for counting

(1) The Returning Officer shall exclude from the place fixed for counting of votes all persons except:-

(a) persons appointed as counting supervisors and counting assistants to assist him in the counting:

(b) Persons authorised by the State Election Commission or by the Election Authority;

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

(d) Candidates, their election agents and 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 shall decide 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 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 authorised in this behalf by the Returning Officer.

Rule 48 Maintenance of secrecy of voting

The Returning Officer shall, before he commences the counting of votes read the provisions of Section 602 of the Act to such persons as are present.

Rule 49 Counting of postal ballot papers

The Returning Officer shall first deal with the postal ballot papers in the manner hereinafter provided

(a) no cover in Form XXVIII received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(b) Other covers shall be opened one after another and as each cover is opened the Returning Officer shall first scrutinize the declaration in Form XXVI contained therein.

(c) If the said declaration is not found or has not been duly signed, attested or is otherwise substantially defective or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form XXVII, that cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.

(d) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form XXVIII and all such covers in Form XXVIII shall be kept in a separate packet, on which shall be recorded the name of the Ward, the date of counting and brief description of its contents.

(e) The Returning Officer shall then place all the declarations in Form XXVI which he has found to be in order in a separate packet which shall be sealed before any cover in Form XXVII is opened and on which shall be recorded the particulars referred to in sub-rule (d).

(f) The covers in Form XXVII not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the Returning Officer shall scrutinize each ballot paper and decide the validity of the vote recorded thereon.

(g) A postal ballot paper shall be rejected.

(i) if it bears any mark (other than the mark to record the vote) or writing by which the voter can be identified; or

(ii) if no vote is recorded thereon; or

(iii) if votes are given on it in favour of more candidates than one;

(iv) if it is a spurious ballot paper; or

(v) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or

(vi) if it is not returned in the cover sent along with it to the voter by the Returning Officer.

(h) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.

(i) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(j) The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate, record the total thereof in the result sheet in Form XXX and announce the same.

(k) Thereafter all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seal of Returning Officer and of such of the candidates, their election agents, counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the name of the Ward, the date of counting and brief description of its contents.

Rule 50 Scrutiny and opening of ballot boxes

(1) The Returning Officer shall open, or cause to be opened, simultaneously the ballot box or boxes used at more than one polling station and shall have the total number of ballot papers found in such box or boxes counted and recorded in Part II of Form XXI. Provided that discrepancy, if any, between the total number of such ballot papers recorded as aforesaid and the total number of ballot papers shown against item No. 5 of Part I shall also be recorded in Part II of Form XXI.

(2) Before any ballot box is opened at a counting table, the counting agents present at the table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact.

(3) The Returning Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with.

(4) If the Returning Officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in Section 59 of the Act, in respect of that polling stat]ion.

Rule 51 Counting of Votes

(1) Subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, the ballot papers taken out of all boxes used at more than one polling station in a ward shall be mixed together and then arranged in convenient bundles and scrutinized.

(2) The Returning Officer shall reject a ballot paper if;

(a) it bears any mark or writing by which the voter can be identified, or

(b) to indicate the vote, it bears a mark made otherwise than with the instrument supplied for the purpose, or

(c) votes are given on it in favour of more than one candidate; or

(d) the mark indicating the votes thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or

(e) it is a spurious ballot paper; or

(fj it is so damaged or mutilated that its identify as a genuine ballot paper cannot be established; or

(g) it bears a serial number, or is of a design different from the serial numbers, or, as the case may be design of the ballot papers authorised for use at the particular polling station; or

(h) does not bear the mark which it should have borne under the provisions of sub-rule (1) of Rule 19.

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of the Presiding Officer or Polling Officer the ballot paper shall not be rejected merely on the ground of such defect.

Provided further that the ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.

(3) Before rejecting any ballot paper under sub-rule (1) the Returning Officer shall allow the counting agents present, a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper, The Returning Officer shall record on every ballot paper which he rejects the letter "R" and the ground of rejection in abbreviated form either in his own hand or by means of rubber stamp and shall initial such endorsement. All ballot papers rejected shall be bundled together. Every ballot paper which is not rejected under this rule shall be counted as one valid vote provided that no cover containing "Tendered ballot paper" shall be opened and no such paper shall be counted.

(5) After the counting of all papers contained in all the ballot boxes used in a Ward has been completed, the Returning Officer shall make the entries in a result sheet in Form XXX and announce the particulars.

(6) The decision of the Returning Officer as to the validity of a ballot paper contained in ballot box or of a postal ballot paper or of a vote given on a postal ballot paper shall be final subject to any decision to the contrary given by a tribunal on the trail of an election petition calling in question the election.

Rule 52 Counting to be continuous

The Returning Officer shall, as far as practicable, proceed continuously with the counting and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and all other papers relating to the election sealed with his own seal and the seals of such candidates or election agents as may desire to affix their seals and take sufficient precaution for their safe custody during such intervals.

Rule 53 Recommencement of counting after fresh poll

If a fresh is held, under Section 59 of the Act, Returning Officer shall after completion of the poll recommence counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents.

Rule 54 Recount of votes

(1) After completing of the counting, the Returning Officer shall record in the result sheet in Form XXX the total number of votes polled by each candidate and announce the same.

(2) After such announcement has been made, a candidate or in his absence, his election agent or any of his counting agents may apply in writing to the Returning Officer to recount the votes either wholly or in part stating the grounds on which he demands such recount.

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

(4) Every decision of the Returning Officer under sub-rule (3) shall be in writing and contain the reasons therefor.

(5) If the Returning Officer decides under sub-rule (3) to allow a recount of the votes either wholly or in part, he shall:-

(a) do the re-counting;

(b) amend the result sheet in Form XXX to the extent necessary after such recount; and

(c) announce the amendments so made by him.

(6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub- rule (5) the Returning Officer shall complete and sign the result sheet in Form XXX and no application for another recount shall be entertained thereafter.

(7) Any candidate or his agent shall on application be supplied with a copy of the results sheet in Form XXX.

Rule 55 Declaration of result of election and return of election

The Returning Officer shall subject to the provisions of Sections 64, 65 and 66 of the Act, and so far they apply to any particular case.

(a) declare in Form XXXI the candidate to whom the largest number of valid votes have been given, to be elected under Section 65 of the Act, and send a signed copy thereof to the State Election Commission, Election Authority and the Commissioner as required under Section 66 of the Act and

(b) complete and certify a return of election in Form XXXII and send signed copies thereof to the State Election Commissioner, Election Authority and the Commissioner.

Rule 56 Grant of Certificate of Election to Returned Candidate

As soon as may be after a candidate has been declared by the Returning Officer under the provisions of Section 65 of the Act, to have been elected, the Returning Officer shall grant to such candidate a certificate of election in Form XXX11 and obtain from the candidate an acknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the Municipal Secretary. 

Rule 57 Custody and the Return of ballot boxes and papers relating to election

All ballot boxes used in the election and the packets of ballot papers and all other papers relating to the election shall be kept in such custody as the Commissioner may direct.

Rule 58 Production and inspection of election papers

While in custody of the Returning Officer;

(a) the packets of unused ballot papers with the counterfoil attached thereto,

(b) the packets of used ballot papers whether valid, tendered or rejected,

(c) the packets of counterfoils of used ballot papers,

(d) the packet of marked copy of electoral roll.

(e) the packets of the declaration by voters and attestation of their signatures, and

(f) the counterfoils of the postal ballot papers; shall not be opened and their contents shall not be inspected by or produced before any person of authority excepts under the order of a competent court or of a tribunal.

Rule 59 Disposal of election papers

(1) The packets referred to in Rule 58 shall be retained for a period of one year and shall thereafter be destroyed subject to any direction to the contrary given by the State Election Commission or by a competent court or by a tribunal.

(2) All other papers relating to the election shall be retained for a period of two years from the date of declaration of the result of election.

Rule 60 Return or the forfeiture of candidates Deposit

(1) The deposit made under Rule 3 shall either be returned to the person making it or his legal representative or be forfeited to the Municipal Corporation concerned in accordance with the provision of this rule.

(2) Except in cases hereinafter mentioned in this rule the deposit shall be returned as soon as practicable after the result of the election is declared.

(3) If the candidate is not shown in the list of contesting candidates or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.

(4) Subject to the provisions of sub-rule (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of valid votes polled by all the candidates.

(5) Notwithstanding anything in sub- rules (2), (3) and (4) if at an election the candidate is a contesting candidate in more than one Ward not more than one of the deposits shall be returned and other shall be forfeited.

CHAPTER 3 Voting by Electronic Voting Machines

Rule 61 Design of Voting Machine

Every Electronic Voting Machine (hereinafter referred to as the Voting machine) shall have a Control Unit and a Balloting Unit and shall be of such designs as may be approved by the State Election Commission.

Rule 62 Preparation of Voting Machine by the Returning Officer

(1) One Voting Machine shall be used for Election to the Office of Ward Member.

(2) The Balloting Unit of the voting machine shall contain such particulars in such language or languages as the State Election Commission may specify.

(3) The names of the candidates shall be arranged on the Balloting unit in the same order in which they appear in the list of the contesting candidates.

(4) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. Subject to the foregoing provisions of the rule, the Returning Officer shall,-

(a) fix the label containing the names and symbols of the contesting candidates in the Balloting Unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

(b) Set the number of contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same.

Rule 63 Arrangements at the Polling Stations

(1) Outside each polling station there shall be displayed prominently:-

(a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and when the polling area has more than one polling station, the particulars of the electors so entitled; and

(b) a copy of the list of contesting candidates.

(2) At each polling station there shall be set up one or more voting compartments in which the electors can record their votes free from observation.

(3) The Returning Officer shall provide at each polling station one voting machine and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll.

Rule 64 Admission to Polling Station

The provision of Rule 16 shall apply to regulate the entry of electors and other persons inside the polling station.

Rule 65 Preparation of voting machine for poll

(1) The control unit and balloting unit of every voting machine used at a polling station shall bear a label marked with,-

(a) the serial number and the name of the ward;

(b) the serial number and the name of the polling station;

(c) the serial number of the unit; and

(d) the date of poll.

(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the label referred to in sub-rule (4) of Rule 62.

(3) A paper seal shall be used for securing the control unit of the voting machine, and the Presiding Officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the Polling Agents present as are desirous of affixing the same.

(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefore in the control unit of the voting machine and shall secure and seal the same.

(5) The seal used for securing the control unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result button" without breaking the seal.

(6) The control unit shall be closed and secured and placed in full view of the Presiding Officer and the polling and the balloting unit placed in the voting compartment.

Rule 66 Marked copy of electoral roll

Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the polling agents and others present, that the marked copy of the electoral roll to be used during the poll docs not contain any entry other than that made with regard to issue of postal ballot papers and election duty certificates.

Rule 67 Facilities for Women electors

(1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The Returning Officer or the Presiding Officer may appoint a women to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors, and in particular, to help/ frisking any women elector in case it becomes necessary.

Rule 68 Identification of electors

(1) The Presiding Officer may employ at the polling station such persons, as he thinks fit to help identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the Presiding Officer/or the Polling Officer authorised by him in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) Where the electors have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960 issued under Representation of People Act, 1950, The elector shall produce his identity card before the Presiding Officer or the polling officer authorised by him in this behalf. Where such identity cards are not issued, each elector shall establish his identity by producing any such documents as are specified, by order, by the State Election Commission.

(4) In deciding the right of a person to cast his vote, the Presiding Officer or the Polling Officer, as the case may be, shall over look the clerical or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates.

Rule 69 Facilities for public servants on election duty

(1) The provisions of Rule 68 shall not apply to any person, who produces at the polling station an election duty certificate issued by Returning Officer and seeks permission to cast his vote at that polling station although it is different from the one where he is entitled to vote.

(2) On production of such certificate, the Presiding Officer shall

(a) obtain thereon, the signature of the person producing it;

(b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and

(c) permit him to cast his vote in the same manner as for an elector entitled to vote at that polling station.

Rule 70 Challenging of Identity

Where the identity of an elector is challenged, the provisions of Rule 29 shall apply.

Rule 71 Safeguard against personation

(1) Every elector about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the Presiding Officer or Polling Officer and an indelible ink mark to be put on it.

(2) If any elector,

(a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or

(b) fails or refuses to produce his identity card as required by sub- rule (3) of Rule 68 he shall not be allowed to vote.

(3) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, he construed as a reference to any other finger to his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of both the hands are missing be construed as a reference to such extremity of his left or night arm as he possesses.

Rule 72 Procedure for voting by voting machines

(1) Before permitting an elector, to vote the polling officer shall

(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form XXXIV

(b) obtain the signature or the thumb impression of the elector on the said register of votes, and

(c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote.

Provided that no elector shall be allowed to vote unless he has affixed his signature or thumb impression on the register of voters.

(2) It shall not be necessary for any Presiding Officer or Polling Officer or any other officer to attest the thumb impression of the elector on the register of voters.

Rule 73 Maintenance of secrecy of voting by electors within the polling station and voting procedure

(1) Every elector who has been permitted to vote under Rule 72 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.

(2) Immediately on being permitted to vote the elector shall proceed to the Presiding Officer or the Polling Officer-in-charge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit, for recording of elector's vote.

(3) The elector shall thereafter forthwith

(a) proceed to the voting compartment;

(b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote, and

(c) come out of the voting compartment and leave the polling station.

(4) Every elector shall vote without undue delay.

(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.

(6) If an elector who has been permitted to vote under Rule 72 or Rule 76 refuses after warning given by the Presiding Officer to observe the procedure laid down in sub-rule (3) or sub-rule (3) of Rule 76, the Presiding Officer or a Polling Officer under the direction of the Presiding Officer shall not allow such elector to vote.

(7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated shall be made against the elector's name in the register of voters in Form XXXIV by the Presiding Officer under his signature.

Rule 74 Recording of votes of blind or infirm electors

(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmities an elector is unable to read the names or recognise the symbols on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit the elector to take with him a companion of not less than eighteen years off to the voting compartment for recording the vote on his behalf and in accordance with his wishes,

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day,

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day.

(2) The Presiding Officer shall keep a record of all cases under this rule in Form XVIII.

Rule 75 Elector deciding not to vote

If an elector, after his electoral roll number has been entered in the register of voters in Form-XXXIV and has put his signature or thumb impression thereon as required under clause (b) sub-rule (1) of Rule 72, decided not to record his vote, a remark to this effect shall be made against the said entry in Form XXXIV by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.

Rule 76 Tendered Votes

(1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactory answering such questions relating to his identity as the Presiding Officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be such design and the particulars of which shall be in such language or languages as the State Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper affix his signature or thumb impression against the entry relating to him in a list in Form XXXV.

(3) On receiving the ballot paper he shall forth with,-

(a) proceed to the voting compartment;

(b) record there his vote on the ballot paper by placing a cross mark "X" with instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote.

(c) Fold the ballot paper so as to conceal his vote,

(d) Give it to the presiding officer who shall place it in a cover specially kept for the purpose, and

(e) Leave the polling station.

(2) If owing to blindness or physical infirmities, such elector is unable to record his vote without assistance the Presiding Officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in Rule 74 for recording the vote in accordance with his wishes.

Rule 77 Presiding Officer's entry in the voting compartment during poll

(1) The Presiding Officer may whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tempered or interfered with in any way.

(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.

(3) Whenever the Presiding Officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire.

Rule 78 Closing of poll

(1) The Presiding Officer shall close a polling station at the hour fixed in that behalf under Section 57 of the Act, and shall not thereafter admit any elector into the polling station. Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his decision shall be final.

Rule 79 Account of votes recorded

(1) The Presiding Officer shall at the close of the poll prepare an account of votes recorded in Form XXXVI and enclose it in a separate cover with the words "Account of Votes Recorded" superscribed thereon.

(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in Form XXXVI after obtaining a receipt from the said Polling Agent therefor and shall attest it as a true copy.

Rule 80 Sealing of voting machine after poll

(1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from control unit.

(2) The control unit and the balloting unit shall thereafter be sealed, and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so affixed that it will not possible to open the units without breaking; the seals

.

(3) The Polling Agents present at the polling station, who desires to affix their seals, shall also be permitted to do so.

Rule 81 Sealing of other packets

(1) The Presiding Officer shall then make into separate packets,-

(a) the marked copy of the electoral roll;

(b) the register of voters in Form XXXIV;

(c) the cover containing the tendered ballot papers and the list in Form XXXV;

(d) the list of challenged votes; and

(e) any other papers directed by the State Election Commission to be kept in a sealed packet.

(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal either of the candidate or of his election agent or of his Polling Agent who may be present at the polling station and may desire to affix his seal thereon.

Rule 82 Transmission of voting machines, etc., to the Returning Officer

(1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct,-

(a) the voting machine;

(b) the account of votes recorded in Form XXXVI;

(c) the sealed packets referred to in Rule 81 and

(d) all other papers used at the poll.

(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes.

Rule 83 Procedure on adjournment of poll

(1) If the poll at any polling stations is adjourned under sub-section (1) of Section 58 of the Act, the provisions of Rules 79 to 82, shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under Section 57 of the Act.

(2) When an adjourned poll is recommended under sub-section (2) of Section 58 of the Act, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.

(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with sealed packet containing the marked copy of the electoral roll, register of voters in Form XXXIV and a new voting machine.

(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for making the names of the electors who are allowed to vote at the adjourned poll.

(5) The provisions of Rules 61 to 82 shall apply in relation to the conduct of an adjourned poll before it was so adjourned.

Rule 84 Closing of voting machines in case of booth capturing

Where the Presiding Officer is of opinion that booth capturing is taking place at polling station or at a place fixed for the poll, he shall immediately close the control unit of voting machine to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit.

Rule 85 Scrutiny and inspection of voting machines

(1) The Returning Officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.

(2) Before the votes recorded in any control unit of a voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have bee affixed on the unit and to satisfy themselves that the seals are in tact.

(3) The Returning Officer shall satisfy himself that none of the voting machines has in fact been tampered with.

(4) If the Returning Officer is satisfied that any voting machine has in fact been tampered with he shall not count the votes recorded in that machine and shall report the matter to the State Election Commission.

Rule 86 Counting of votes

(1) After the Returning Officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit.

(2) As the votes polled by each candidate are displayed on the control unit, the election officers shall have,

(a) number of such votes recorded separately in respect of each candidate in Part II of Form XXXVI;

(b) part II of Form XXXVI completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and

(c) corresponding entries made in a result sheet in form XXX, and the particulars so entered in the result sheet announced.

Rule 87 Sealing of Machines

(1) After the result of voting recorded in control unit has been ascertained candidate-wise, and entered in Form XXXVI, and in the form prescribed for this purpose, the Returning Officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix their seals thereon so however that the result of voting recorded in the unit is not oblitered and the unit retains the memory of such result.

(2) The control unit so sealed shall be kept in specially prepared boxes on which the Election Officer shall record the following particulars, namely:

(a) the serial number and name of the ward;

(b) the particulars of the polling station where the control unit has been used;

(c) serial number of the control unit;

(d) date of poll; and

(el date of counting.

Rule 88 Custody of voting machines and papers relating to election

(1) All voting machines used at an election shall be kept in the custody of the concerned Collector and District Election Authority or the Officer authorized by him.

(2) The Collector and District Election Authority or the Officer authorized by him shall keep in the safe custody,

(a) the packets of marked copy of the electoral roll;

(b) the packets containing register of voters in Form XXXIV;

(c) the packets containing the number of votes recorded in respect of each candidate in Form XXXVI;

(d) all other papers relating to election;

Rule 89 Production and Inspection of voting machines and election papers

(1) While in the custody of the Collector and District Election Authority or the Officer authorized by him-

(a) the packets of marked copy of electoral roll;

(b) the packets containing registers of voters in Form XXXJV; shall not be opened and their contents shall not be inspected by, or produced before any person or authority except under the order of the competent court.

(2) The control unit sealed as per the provisions of Rule 87 and kept in the custody of the Collector and District Election Authority or the Officer authorised by him and shall be stored in Government Treasury or Sub- Treasury and shall not be opened and inspected by, or produced before any person or authority except under the order of the competent court.

Rule 90 Safe custody of voting machines and all other packets

(1) The Voting machines kept in the custody of the Collector and District Election authority or the Officer authorized by him shall be retained in tack for such period as the State Election Commission may direct and shall not be used at any subsequent election without previous approval of the State Election Commission.

(2) All other packets relating to elections where there is no election petition, shall be destroyed as per the provisions of these rules.

Rule 91 Power of the SEC to issue directions

Subject to the other provisions of these rules, the State Election Commission may issue such directions as it may consider necessary to facilitate the proper use and operation of the voting machines and also as occasion requires to facilitate the holding of elections under these rules.

CHAPTER 4 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.

Rule 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,-

(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.

Rule 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.

Rule 95 Report by District Election Authority

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.

(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 acco]nt.

(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 2OB 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 elected candidate declare him to have ceased to hold office with immediate effect and publish the order in the Official Gazette.

Rule 96 Maximum election expenses

The total of the expenditure of which account is to be kept under Section 617B 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.

CHAPTER 5 Election Petitions

Rule 97 Place of Trial

The trial of election petitions shall be held at such place as he Government may appoint:

Provided that a tribunal may, in its discretion sit for any part of the trial at any other place in which the election to which the petitions relates has taken place.

Rule 98 Another person appointed as Tribunal

If during the course of the trial the person appointed under Section 75 of the Act, as an election tribunal, is for any reason unable to perform his functions the Government shall appoint another person as election tribunal in accordance with the provisions of Section 75 of the Act, and the trial shall thereafter be contained as if he has been appointed as the tribunal from the commencement of the trial:

Provided that the tribunal so appointed may if it thinks fit recall and re-examine any of the witness already examined.

Rule 99 Attendance of Law Officer

(1) The Tribunal may require the Government Pleader incharge of Municipal Administration or some person acting under his instruction to attend at the trial.

(2) The said Government Pleader or the person acting under his instructions shall when so required, attend at the trial and shall take such part therein as the Tribunal may direct.

Rule 100 Procedure before the Tribunal

(1) Subject to the provisions of the Act and these rules every election petition shall be tried by the Tribunal as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act V of 1908) to the trial of suits: Provided that the tribunal shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witness if it is of the opinion that their evidence is not material for the decision the petition or that the party tendering such witness or witnesses in doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872) shall subject to the provisions of these rules be deemed to apply in all respects to the trial of an election petition.

(3) This Tribunal shall dismiss an election petition which does not comply with the provisions of Sections 71, 72 or Rule 114.

(4) Any candidate not already a respondent shall upon application made to the tribunal within fourteen days from the commencement of the trial and subject to the provisions of Rule 106 be entitled to be joined as respondent.

Explanation:- For the purpose of this sub-rule and of Rule 99 the trial of petition shall be deemed to commence on the date fixed for the respondents to appear, before the Tribunal and answer the claim or claims made in the petition.

(5) The Tribunal may upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt of illegal practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trail of the petition, but shall not allow any amendment to the petition which will have the effect of introducing particulars of a corrupt of illegal practice not previously alleged in the petition.

Rule 101 Appearance before the Tribunal

Any appearance, application or act before tribunal may be made or done by the party in person or by a pleader duly appointed to act in his behalf.

Provided that it shall be open to the tribunal to direct any party to appear in person.

Rule 102 Documentary Evidence

Notwithstanding anything in any enactment to the contrary no document shall be inadmissible in evidence at the trial of an election petition on the ground that it. is not duly stamped or registered.

Rule 103 Service of voting not to be infringed

No witness or other person shall be required to state for whom he has voted at an election.

Rule 104 Answering of criminating questions and certificate of indemnity

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty of forfeiture: Provided that,-

(a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Tribunal.

(b) an answer given by a witness to a question put by or before the Tribunal shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceedings.

(2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (Act 45 of 1860) or under Section 17 and 599 to 612 (both inclusive) of the Act arising out of the matter to which such certificate relates but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by the Act or any other law.

Rule 105 Expenses of witness

The reasonable expenses incurred by any person in attending to give evidence may be allowed by the tribunal to such person, and shall, unless the Tribunal otherwise directs be deemed to be part of the costs.

Rule 106 Recrimination when seat claimed

(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:

Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has within fourteen days from the date of commencement of the trial, given notice to the tribunal of his intention to do so and has also given the security and the further security referred to in Rule 114 and 115 respectively.

(2) Every notice referred to in sub- rule (1) shall be accompanied by the statement and particulars required by Section 73 of the Act.

Rule 107 Withdrawal of Petition

(1) An application for withdrawal of an election petition may be made before the Tribunal and such election petition may be withdrawn only by leave of the Tribunal.

(2) Where an application for withdrawal is made under sub-rule (1) notices thereof fixing a date for the hearing of the application shall be given to all other parties to the petition.

Rule 108 Procedure for withdrawal of petitions before the Tribunal

(1) If there are more petitions than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

(2) No application withdrawal shall be granted if in the opinion of the Tribunal such application has been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted,-

(a) the petitioner shall be ordered to pay the costs of the respondent therefor incurred or such portion thereof as the tribunal mav think fit;

(b) notice of withdrawal shall be published in the Andhra Pradesh Gazette by the Tribunal;

(c) a person who might himself have been a petitioner, may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing and upon compliance with the conditions of Rule 114 as to security shall be entitled to be so substituted and to continue the proceedings upon such terms as the Tribunal may think fit.

Rule 109 Procedure where the petitioner fails to appear

(1) Where the petitioner fails or if there are more petitioners than one, all the petitioners fail to appear at any stage during the trial of the petition, the Tribunal may on the application of any other person who might himself have been a petitioner and if satisfied that it is necessary for ends of justice so to do, instead of dismissing the petition for default order that person to be substituted for the original petitioner to petitioners upon such terms as it thinks just.

(2) When a petition is dismissed for default, the notice of dismissal. shall be published in the Andhra Pradesh Gazette by the Tribunal.

Rule 110 Abatement of election petitions

An election petition shall abate only on the death of a sole petitioner or of the survivor or several petitioners.

Rule 111 Abatement of petition

Where an election petition abates under Rule 103 notice of abatement shall be published in the Andhra Pradesh Gazette by the Tribunal.

Rule 112 Substitution on death of Petitioner

After a notice of abatement of an election petition is published under Rule 111 any person who might himself have been a petitioner may within fourteen days of such publication, apply to be submitted as petitioner and upon compliance with the condition of Rule 107 as to security shall be entitled to be so substituted and to continue the proceedings upon such terms as the Tribunal may think.

Rule 113 Abatement of substitution on death of Respondent

If before the conclusion of the trial of an election petition the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondent dies or give such notice and there is no other respondent who is opposing the petition, the Tribunal shall cause notice of such event to be published in the Andhra Pradesh Gazette and there upon any person who might have been a petitioner may within fourteen days of such publication apply to be substituted in place of such respondent oppose the petitions and shall be entitled to continue the proceedings upon such terms as the Tribunal may think fit,

Rule 114 deposit Security

The petitioners shall enclose with the petition a Government treasury receipt showing that a deposit of rupees one thousand has been made by him either in a Government treasury or in the State Bank of Hyderabad/State Bank of India in favour of the Commissioner concerned, Municipal Corporation as security for the costs of the petition.

Rule 115 Further Security for Costs

During the course of the trial of an election petition the Tribunal may at any time call upon the petitioner to give such further security for costs as the Tribunal may direct and may if he fails to do so dismiss the petition.

Rule 116 Security for cost from a respondent

No person shall be entitled to be joined as a respondent under sub-rule (4) of Rule 100 unless he has given security for costs as the tribunal may direct.

Rule 117 Costs

(1) Costs including pleader's fee shall be in the discretion of the Tribunal.

(2) The Tribunal may allow interest on costs at rate not exceeding three per cent per annum and such interest shall be added to the costs.

Rule 118 Payment of costs out of Security Deposits and Return of such Deposits

(1) If, in any order as to costs, there is a direction for payment of costs by any party to any person, such costs shall if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party on an application made in writing in that behalf within a period of six months from the date of pronouncement of the order of the Tribunal unless an appeal is preferred therefrom in which case from the date of pronouncement of the order of the High Court to the Commissioner by the person in whose favour the costs have been awarded.

(2) If there is any balance left on any of the said security deposits after payment under sub-rule (1) of the costs referred to in that sub-rule, such balance or where no costs have been awarded or no application as aforesaid has been made within the said period of six months, the whole of the said security deposits may on an application made in that behalf to the Commissioner by the person by whom the deposits have been made or if such person dies after making such deposits, by the legal representative of such person be returned to the said person or to his legal representative as the case may be.

Rule 119 Execution of orders as to costs

Any order as to costs may be produced before the principal Civil Court of original jurisdiction, within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such Court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit. Provided that where any such costs or any portion thereof may be recovered by an application made under sub- rule (1) of Rule 118, no application shall lie under this rule within a period of six months from the date of pronouncement of the order of the tribunal unless an appeal is preferred therefrom in which case from the date of announcement of the order of the High Court unless it is for recovery of the balance of any costs which has been leftunrealised after an application has been made under the sub-rule owing to the insufficiency of the amount of the security deposits referred to in, that sub-rule.