Table of Contents(toc)
CHAPTER-1: INTRODUCTION
1. Introduction
1.2 As per Section 46 of the Representation of the People Act, 1951, read with Rule 13 of the Conduct of Elections Rules, 1961, at every election, each candidate or his election agent can appoint one Polling Agent and two relievers at each polling station.
1.3 The handbook on Polling Agent comprises of five chapters, the
first being an introduction on the concept of Polling Agent. The second chapter
discusses the qualification, appointment, revocation, role, and duties of the
Polling Agent. The third chapter elaborates on the pre poll activities to be
done and also overseen by the polling agent, on the poll day such as
the material to be carried inside the booth, early arrival for mock
poll, movement sheet, preliminaries for commencement of poll, sealing procedure
etc. The fourth chapter involves procedure in detail for conduct of actual
poll. It also gives a brief on special cases that may be encountered by the
Presiding Officer at the polling booth regarding which the Polling Agent should
be well-informed. The last and final chapter consists of activities that are
performed during and after close of poll.
2. DO’s AND DON’Ts AND CHECKLIST FOR POLLING AGENT.
2.1 A list of Do’s for Polling Agent is shown in Appendix –I For easy reference to ensure error free poll.2.2 A list of Don’ts for Polling Agent is shown in Appendix –II
2.3 A list of check list for Polling Agent is given in Appendix – III
3. DOCUMENTS TO BE SIGNED BY THE POLLING AGENT
3.1 List of documents to be signed by the Polling Agent is shown as
Appendix - IV.
CHAPTER-2: Qualifications, Appointment, Role and Duties of Polling Agent
1. Eligibility, Restriction on appointment, role and duties of Polling Agent
1.1 Eligibility:
The law does not prescribe any qualification for a person to be appointed as a polling agent. However, as the Polling Agent is expected to see the interest of the Candidate in the Polling Station on Poll Day, it is expected that a local person who is an elector and ordinary resident of the same or neighbouring polling station is appointed as a poling agent. However, if any contesting candidate is not able to find polling agent in the same or neighbouring polling station, he/she may appoint any elector of the same assembly constituency as his polling agent for polling station. The agent must have EPIC or any other alternative document as prescribed by the ECI.
There is no restriction on appointing Gram panchayat Pradhan/Gram Panchayat Sarpanch/ Panchayat members, councillors or members of municipal corporation or municipality and local persons, as polling agents.
1.2 Following persons restricted for appointment as polling agent:
1.1.1 No sitting Minister either of Union Government or of a State
Government, sitting Member of Parliament, sitting Member of Legislative
Assembly/Legislative Council, Chief/Head/Chairperson of Urban Local Bodies,
viz., Mayor of a Corporation or Chairperson of Municipality/Zila
Parishad/Panchayat Union, Chairperson/vice- Chairperson of District level/Block
level/ Mandal Parishad, Panchayat samiti etc., shall be allowed to act as
Election agent, Polling Agent, or Counting Agent of any candidate during an
election. (Latest instruction to be referred)
1.1.2 Chairpersons and members of Central PSUs/State PSUs, Govt.
Bodies/Corporation, Cooperatives.
1.1.3 Persons receiving any honorarium or aid from Government or Persons
working on part time in any Govt./ Govt. Aided Institutions shall not act as
Polling Agent.
1.1.4 Para Medical/Healthcare staff working in Govt/Govt. Aided
institutions, Fair Price Shop dealers, Anganwadi Employees.
1.1.5 No person in the service of the Government can act as a Polling
Agent. This is an offence and Under Section 134-A of the R.P. Act 1951 and such
appointees are punishable with imprisonment for a term which may extend to 3
(three) months, or with fine, or with both.
2. NUMBER OF POLLING AGENTS / RELIEVING AGENTS:
2.1 Every contesting candidate is entitled to appoint one Polling Agent and two Reliever Agents. The Reliever Agents will act as the reliever to the Polling Agent and will do all the functions of the Polling Agents during his absence from the Polling Station. However, only one of them can be present inside the polling station. They can relieve each other from time to time. Any relieving agent can take the place of the Polling Agent when the letter goes out. Of the three, whoever is inside the polling station is treated as Polling Agent of the candidate for the time being; he has the same rights and responsibilities as given to the Polling Agent by law.
2.2 The qualification and disqualifications of Polling Agents apply
mutatis mutandis to the Relieving Agents.
3. APPOINTMENT OF POLLING AGENT:
3.1 Based on the qualifications and disqualifications stated in above paras, the Polling Agents / Relieving Agents can be appointed by the Candidate or by his Election Agent.
3.2 FORM FOR APPOINTMENT: The appointment is to be made in Form 10 (Under Rule 13 of Conduct of Election Rules, 1961) annexed herewith as Appendix-V. This form duly signed by the Candidate or his Election Agent containing required details of the Polling Agent/ Relieving Agent is to be handed over to the Presiding Officer at the polling station before whom the declaration is to be signed by the Agent concerned.
3.3 The Presiding Officer is to compare the specimen signature of the Candidate / Election Agent received from the Returning Officer in Format Annexed as Appendix-VI. The Presiding Officer may not entertain any appointment letter in Form 10 from the Polling Agents if there is suspicion regarding genuineness of the appointment letter due to no specimen signature of the Candidate/ Election Agent and it shall be summarily rejected. In case of any change of the Election Agent of the candidate at the last moment, when the Presiding Officer has already been supplied with the copy of the format containing the specimen signature as originally furnished by the candidate, then it shall be the responsibility of the candidate concerned to supply a copy of revocation of the Election Agent ( in Form-9 of Conduct of Election Rules, 1961) and a copy of the appointment of new election Agent (in Form-8 of Conduct of ElectionRules,1961).
3.4 TIME LIMIT FOR APPOINTMENT: It is desirable that the appointment of such agents be done sufficiently in advance and not less than seven days before the poll day to avoid any last-minute changes and revocation by the Candidate.
3.5 REVOCATION OF APPOINTMENT AND INTIMATION OF FRESH APPOINTMENT TO PRESIDING OFFICER:
3.5.1 The candidate or his election agent can also revoke the appointment of a polling agent. The revocation of appointment is made in Form-11 (Appendix-VII).
3.5.2 If the appointment of any Polling Agent is revoked or if any
Polling Agent dies before the close of the poll, the candidate or his election
agent can appoint another Polling Agent at any time before the poll is over.
4. TIME OF ARRIVAL OF POLLING AGENT:
The law does not specify any
time limit for the arrival of a Polling Agent and even if he turns up late at a
polling station, he will be allowed by the Presiding Officer to participate in
the further proceeding at the polling station. However it is expected that the
Polling Agent should make himself available in the polling station one and half
hour prior to the commencement of the Poll to see the proceedings of the Mock
Poll because as per the latest instructions of Commission, the preparation for
Mock poll starts 90 minutes prior to the actual poll and Polling Agent is required
to have his signatures in the declarations as a proof of his satisfaction
regarding the functioning of the EVM-VVPATs and sealing before the actual poll
by the presiding officer which are to mandatorily go through this process
.Hence, the Polling Agent should watch this proceeding. However, the Presiding
Officer shall start the mock poll 90 minutes before the commencement of poll in
presence of at least two candidates/agents. The Presiding Officer may wait for
15 minutes before conducting the mock poll if minimum two agents are not
present. But in case no agent/ agents turn up during the extra time of 15
minutes, in such cases he/she will go ahead with the mock poll and make
specific mention in the mock poll certificate.
5. ROLE OF POLLING AGENT:
5.1 The Polling Agents plays a very important role in the actual conduct of the poll, which is the most vital part of the entire election process. Polling Agents are the eyes and ears of the candidate for the conduct of free and fair elections because the witness of conducting whole poll process, starts from time of mock poll on the poll day to deposition of EVMs in strong room. The presence of Polling Agents ensures that polling is conducted in a free and fair manner in the polling stations. The task of the Presiding Officer and the Polling Officers at the polling station is made easy and smooth if the Polling Agents discharge their duties with a spirit of co-operation. For this purpose, they should know their functions clearly and carry them out intelligently under the law.
5.2 Polling Agent should acquaint himself with the latest rules and procedures prescribed for the conduct of elections using EVMs and VVPATs. He must also familiarize himself with the operation of EVMs and VVPATs. For this purpose, Polling Agent should attend the training/ demonstrations of the EVMs with VVPATs arranged by the Returning Officer where the functioning and operation is explained along with procedures.
5.3 Polling Agents witnesses/participate in the following processes
on poll day:-
1 Mock poll process
2 Clearing the mock poll data from control unit and VVPAT slips from VVPAT.
3 Sealing process after mock poll
4 Identification and Polling by those electors who are enrolled in elector roll.
5 Prevention of impersonation of voters
6 Secrecy of voting
7 Un-authorized person access, if any.
8 Replacement of Ballot unit(s), Control unit(s) and VVPAT(s) during mock poll and during actual poll.
9 Document preparation as per Law and Rules.
10 Webcasting/ Videography/CCTV, if done at that polling station.
11 Micro observer presence, if appointed for that polling station.
12 Rule 49 MA cases.
13 Tendered votes
14 Queue of Electors who are present at end of poll time fixed by ECI.
15 Removal of VVPAT power pack after poll is over.
16 Sealing after closing the poll.
17 Security available at polling stations.
18 Complaint by any other polling agent(s).
19 Vigil on movement of EVM-VVPATs after poll from polling station to EVM-VVPAT strong room and deposit the machines as well as all documents.
6. MAIN DUTIES OF POLLING AGENTS:
The main duty of the Polling Agents is to see that the interests of the candidates who have appointed them are safeguarded at the polling stations. Their other duties are:
6.1 To take part in the mock poll and satisfy themselves that the EVMs and VVPATs are in proper working order.
6.2 To help the Presiding Officer to detect and prevent impersonation of voters by challenging persons whose identity as real elector is doubtful.
6.3 To help in having the EVM and VVPAT properly secured and sealed according to the rules, before and after the close of poll,
6.4 To see that all election records relating to the poll are secured and sealed properly after the close of poll as required by law.
6.5 To see that the serial numbers of Control Unit, the Balloting
Unit and VVPAT being used in the polling station are in conformity with the
details provided by the Returning Officer.
CHAPTER-3: Pre-Poll Activities On The Day of Poll
1. Material for polling agents:
1.1 Polling Agent should provide himself/herself with the following
items when he/she come to the polling station:
a) Original Letter of appointment in Form -10;
b) A copy of the latest integrated electoral roll for the polling station.
c) EPIC/Alternative photo ID
d) A small brass seal, which he/she can use for putting seal on the carrying case(s) of the Balloting Units(s), Control Unit and VVPAT before they are transported to the counting/ collection centre;
e) Pen, paper and pencil;
f) Details of EVM (Control and Balloting unit) and VVPAT to be used in the polling station as provided by the Returning Officer and/or by the Candidate.
1.2 Out of the polling agents or relieving agents, only one of them
can remain present inside the polling station at one time. Whichever of them is
inside the polling station will be treated as polling agent of the candidate
for that time being and has same rights and responsibilities as given to the
polling agent by law. Polling Agent is allowed to carry his/her copy of
electoral rolls inside the polling station and make tick marks whenever voters
cast their vote. However, it is clarified that under no circumstances, Polling
Agent or relieving agent will be permitted to carry the electoral roll
available with him/her outside the polling station during the course of the
polling and till the polling is closed. Under no circumstances, the polling or
relieving agent can be allowed to send slips outside indicating the serial
number of the voters who have voted or not voted.
2. Polling Agent /Relieving Agent -- Movement Sheet:
2.1 Every contesting candidate is entitled to appoint one Polling Agent and two relieving agents to act as the Polling Agents at each polling station. Only one of them can, however, remain present inside the polling station at a time. They can relieve each other from time to time. Any relieving agent can take the place of the Polling Agent when the latter goes out. Of the three, whoever is inside the polling station is treated as Polling Agent of the candidate for the time being; he has the same rights and responsibilities as given to the Polling Agent by law. Further, the Polling Agents may be allowed to go out of the polling stations even after 3.00 pm to attend to nature’s call, etc. and come back inside the polling station. However, it may be ensured that only the Polling Agent or his substitute can be present inside the polling station at a time. The Presiding officer shall brief the Polling Agents to remain present in the polling station till the voting is over to oversee the sealing procedure of EVMs and VVPATs and sign the declaration, etc.
2.2 The movement sheet (Appendix – VIII) is provided to each polling
station, in which each and every Polling Agent shall be required to sign
indicating the time at which he/she came to the polling station and also when
left the polling station. The movement sheet shall be handed over, after poll,
at the EVM reception centre along with other documents by the Presiding
Officer. The observer, SM, senior officers who visit the polling station during
the course of poll shall also ensure that the aforesaid sheet is being properly
maintained.
3. Production Of Appointment Letter by Polling Agents
Every Polling Agent is required
to produce before the Presiding Officer, his appointment letter duly completed
in all respects and signed by the candidate or his election agent who has
appointed him and also by the polling agent. The Presiding Officer will then
ask him/her to complete the document and sign the declaration there in his
presence. The Presiding Officer will then keep the letter of appointment with
him and will admit Polling Agent into the polling station.
4. Passes For Polling Agents
4.1 The Polling Agent who has been admitted into the polling station will be given an Entry Pass of post card size by the Presiding Officer, on the authority of which he can come in and go out of the polling station as and when necessary. The Polling Agent or his/her relieving agent shall display that Entry Pass on his/her body during his/her presence in the polling station.
4.2 Within the polling station or 100 meters thereof, Polling Agent should not wear any other badges.
4.3 If Polling Agent does so, his/her act might amount to an electoral offence of canvassing or soliciting votes of electors or exhibiting any notice or sign (other than the official notice) relating to the election (Section 130 of RP. Act, 1951). The above offence is cognizable and punishable with fine which may extend to Rupees 250.
4.4 Polling Agents are not allowed to either carry or use cellular phones, cordless phones, wireless sets, smart watches, tabs, cameras etc. in the 100-meter perimeter of the Polling Stations described as the “Polling Station Neighbourhood” and within the polling booth. Observers/ Micro Observers, Presiding Officer, Sector Officers, and security personnel will however be allowed to carry their mobile phone kept in silent mode.
4.5 All Polling Agents shall display their electors photo identity
cards or alternative photo identity document (as prescribed by the Election
Commission) prominently on their persons on the day of poll for easy and quick
identification.
5. Seating Of Polling Agents
5.1 The Presiding Officer will make arrangements to provide seats to the Polling Agents at such place from where they will have adequate opportunity of identifying electors and observing the entire operation particularly of the table where the Control unit of the EVM will be kept, the movement of the elector from the Presiding Officer’s table to the Voting compartment (where the Balloting unit(s) and VVPAT will be kept) and the elector leaving after he has recorded his vote inside the Voting compartment.
5.2 Set up of polling station for single election and for simultaneous election
5.3 According to the instructions of the Commission, the seating
arrangements for Polling Agents of candidates belonging to various political
parties inside in the polling station will be governed by the following
priority.
(i) Candidates of recognized National parties.
(ii) Candidates of recognized State parties.
(iii) Candidates of recognized State parties of other States allowed to use their reserved symbols in the constituency.
(iv) Candidates of registered-unrecognized parties; and.
(v) Independent candidates.
5.4 Polling Agent should be in the seats provided and should not
unnecessarily move inside the polling station.
6. Transparency Measures for Free and Fair Elections
6.1 The Election commission of India has introduced the system of appointment of Sector Officers for every 10-12 polling stations for election management from the day of announcement of schedule of election till the completion of poll process. They will be designated as Zonal magistrates 7 days before the poll day and will have powers of special executive magistrate and will be accompanied by Sector Police Officer. The Sector Officers will frequently visit the polling station allotted to them to facilitate smooth polling.
6.2 There is a legal restriction placed on the persons to be
admitted inside a polling station. Those who can be admitted by the Presiding
Officer are:
(i) The electors;
(ii) Polling officers;
(iii) Each candidate, his election agent and one Polling Agent of each candidate at a time;
(iv) Persons authorized by the Commission;
(v) Public servants on duty;
(vi) A child in arms accompanying an elector;
(vii) A person accompanying a blind or an infirm voter who cannot move or vote without help
(viii) Such other persons as the Presiding Officer may from time to time admit for the purpose of identifying voters or otherwise assisting him in conducting the poll
6.3 The Commission has drawn up clear guidelines for the management
of critical polling stations. Depending on the locations of the polling
station, connectivity, availability of CAPF, micro observers, the Commission
has directed that one of the following be employed to ensure free and fair
elections:
6.3.1 Videography at the polling Station The Commission has already
issued instructions for videography of critical events of the election process
and also at critical and vulnerable polling stations to the extent possible.
Proper care shall be taken to ensure that while doing the videography, the same
does not violate the secrecy of vote. No photography/ videography shall,
however, be allowed by the media persons or by any other unauthorized
persons inside the polling station, to maintain general order and secrecy of
vote. The videography of all other critical events of electoral process shall
continue to be done.
6.3.2 Central Armed Police Forces In the critical and vulnerable polling
station deployment of CAPF is one of the alternative arrangements for building
confidence among voters.
6.3.3 Web casting Webcasting of the procedure in the polling station is
yet another arrangement in the critical polling stations.
6.3.4 Appointment of Micro-Observer Observers have a very crucial role to
play in the conduct of an independent, free and fair election. To strengthen
the system of observation, the Commission has consciously decided to deploy
micro-observers where necessary. These micro-observers would directly work
under control and supervision of the general observer.
7. Preliminaries Before the Commencement Of Poll-EVM (Control Unit, Ballot Unit And VVPAT Basic Knowledge)
7.1 EVM And VVPAT In Elections:
7.1.1 Elections are conducted with Electronic Voting Machines with VVPATs. These EVMs and VVPATs have been manufactured by two Central Government undertakings, namely, Electronics Corporation of India Limited, Hyderabad and Bharat Electronics Limited, Bangalore under very strict security protocols. EVMs have been so designed as to keep intact all the salient features of the system under which ballot paper and ballot boxes were used.
7.1.2 Earlier there were two models of the EVMs - M2 model and M3 model which were used in election processes. At present M2 model EVMs and VVPAT are totally replaced by M3 model EVMs & VVPATs.
7.1.3 The machine operates on a 7.5-volt battery and can be used anywhere and under any conditions. It is tamper-proof, error-free and easy to operate. The Electronic Voting machine consists of two units, namely, Control Unit and Balloting unit. Both the units of the machine are supplied in two separate carrying cases. The polling information once recorded in the machine is retained in its memory even when the battery is removed.
7.1.4 The machine, especially the Balloting Unit, is so designed as to keep all essential features of the conventional voting system intact. The only change is that the voter is required to press the blue button provided opposite the name, photograph, and symbol of the candidate of his choice as against the use of an arrow cross mark rubber stamp which is affixed on the ballot paper on or near the symbol of his choice under the conventional system of voting. The process of voting by voting machine is very simple, quicker and full proof. Every vote is recorded accurately and there is no invalid vote.
7.1.5 As per proviso to Rule 49A of the Conduct of Elections (Amendment) Rules, 2013, a printer with a drop box of such design approved by the Election Commission is attached to a voting machine for printing a paper trail of vote. This printer with a drop box is referred to as the Voter Verifiable Paper Audit Trail System (VVPAT). The Commission has directed to use VVPAT in all elections at every Polling Station. The Presiding Officer keeps the VVPAT along with the Balloting Unit in the voting compartment; the VVPAT shall be connected to the EVM in the manner as directed by Election Commission. For this purpose, the dimension of the voting compartment is increased proportionally. In VVPAT, on pressing the Balloting button on Balloting Unit, the elector shall be able to view the printed paper slip for 7 seconds showing the serial number, name, and the symbol of the candidate for whom he has cast his vote. Such paper slip stays displayed for seven seconds before it gets cut and drop in the drop box attached to the VVPAT.
7.1.6 VVPAT operates on 22.5-volt battery. The thermal paper used in the VVPATs for printing of VVPAT paper slips can print paper slips of required quantity. Approximately 100 paper slips get printed during the commissioning of VVPATs and mock poll at polling station on poll day. Rest of the paper slips are sufficient for the electors assigned to any Polling station.
7.2 Ballot Units And Control Units
7.2.1 One Balloting Unit caters up to a maximum of 16 candidates. If the number of candidates is 15, the last panel will be ‘None Of The Above (NOTA)’; but if there are 16 candidates, there will have to be an additional Balloting Unit for ‘NOTA’. The provision for ‘None of the Above’ [NOTA] option is a facility for expression of the decision not to vote for the contesting candidates. On the right side of BU along with candidate’s vote button, digits 1 to 16 are embossed in Braille signage for guidance of visually impaired electors. On the Balloting unit, there is provision for display of the ballot paper containing the particulars of the election, serial numbers, names and photograph of contesting candidates and the symbols respectively allotted to them. Against the name of each candidate and the panel for NOTA, there is a blue button by pressing which the voter can record his vote. Alongside the said button, there is also a lamp for each panel which will glow red when the vote is recorded by pressing the said button.
7.2.2 One control unit can record the votes polled by a maximum of 384
candidates (including NOTA) in M3 EVM. For this purpose, multiple Balloting
units upto a maximum of Twenty-Four Balloting Units linked together can be
connected with one control unit in M3 EVM. On the top most portion of the
control unit, there is provision for displaying the information and data
recorded in the machine, like the number of contesting candidates, total number
of votes polled, votes polled to each candidate, etc. This portion is called,
for easy reference, ‘Display Section’ of the control unit. Below the display
section, there is a compartment for fixing the battery, which runs the machine.
On the right side of this compartment, there is another compartment in which
there is a button for setting the machine for the number of candidates,
contesting the election. This button is called the ‘Cand. Set’ button and the
whole section of the control unit containing these two compartments is called
the ‘Candidate Set Section’. Below the Candidate set section is the ‘Result
Section’ of the control unit. This section contains
(i) ‘Close’ button on the left side, used for closing the poll,
(ii) Two buttons in the middle - ‘Result’ &’Print’. Result button
is for ascertaining the result. Print button is for printout of the detailed
result (For this purpose a special gadget is to be attached to the Control
Unit) and
(iii) ‘Clear’ button on the right side, for clearing the data recorded
in the machine, when the data is no more required.
(iv) In the bottom portion of the control unit, there are two buttons
- one marked ‘Ballot’ and other marked ‘Total’. By pressing the button
‘Ballot’, the Balloting Unit becomes ready to record the vote and by pressing
the button ‘Total’, the total number of votes recorded up to that stage (but
without the candidate- wise break up) can be ascertained. This section is known
as the ‘Ballot Section’ of the control unit.
8. Task To Be Completed Before Starting Actual Poll:
8.1 About 90 minutes before the hour fixed for the commencement of
poll, the Presiding Officer will start going through the preliminary
preparations for the conduct of poll.
8.2 The Presiding Officer will-
(ii) Conduct a mock poll to satisfy the Polling Agents that the EVM and VVPAT is functioning properly.
(iii) Clear the votes recorded at such mock poll from the control unit of the voting machine and remove paper slips from VVPAT so that no data relating to the mock poll remains in EVM and VVPAT.
(iv) Prepare mock poll certificate and obtain the signatures of the Polling Agents.
(v) Fix green paper seal in the frame provided for fixing the green paper seal on the inner door of the inner compartment of result section of the control unit. The Polling Agent shall also put his/her signature on the Green paper seal.
(vi) Close the inner door of the result section of the control unit with thread and seal it with ‘Special Tag’.
(vii) Close the outer cover of the (Result) section of the control unit with thread and seal it with ‘Address Tag’; The drop box of VVPAT shall also be sealed by fixing the common Address Tag.
(viii) Demonstrate to the Polling Agents and other persons present that the marked copy of the electoral roll (copy of the electoral roll to be used for ‘marking’ the names of electors who are allowed to vote) does not contain any remarks other than those used for issuing postal ballot papers and election duty certificates.
(ix) Demonstrate to the Polling Agents and other persons present that the ‘Register of Voters’ (From 17A) does not already contain any entry in respect of any elector.
9. Setting the voting machine by the presiding officer before commencement of poll
9.1 Before EVM and VVPAT are put to actual use at the polling station, some preparations, in addition to the preparations made at the Returning Officer’s level in the presence of the candidates and their agents, are necessary. The Presiding Officer shall start the preparations about 90 minutes before the time fixed for the commencement of the poll. If any Polling Agent is not present, the preparations by the Presiding Officer will not be postponed so as to await his arrival. Nor will the presiding officer start the preparations again if any Polling Agent turns up late.
9.2 Setting The Balloting Unit
9.2.1 The Balloting Unit is already duly prepared in all respects at the Returning Officer’s level and no further preparation of this unit is required at the polling station on the day of poll, except that its inter-connecting cable must be plugged into the VVPAT unit.
9.2.2 Where more than one Balloting Unit to be used at a polling station, these Balloting Units must be inter-connected in the correct sequential order. In such a case, only the first Balloting Unit will be connected with the VVPAT unit. The Polling Agents may satisfy themselves that the Presiding Officer has correctly linked the control unit with the VVPAT and Balloting Unit(s). If there is any defect in such interlinking, it will immediately be noticed on the display panels of the control unit.
9.2.3 The Polling Agents should also check and ensure that
(i) The ballot paper is properly fixed in the ballot display panel under the ballot paper screen.
(ii) The two seals fixed by the Returning Officer at the top and bottom portion on the right-hand side of the Balloting Unit are intact.
(iii) Pink paper seal has been used to secure Balloting Unit.
(iv) The thumb wheels switch on the Balloting Unit(s) are correctly positioned.
9.3 Preparations On the Control Unit
9.3.1 Polling Agent will be allowed to check that the seal put by the Returning Officer on the ‘Candidate Set Section’ on the right side of the control unit is intact.
9.3.2 The preparations to be made on the control unit by the Presiding Officer are as follows:
9.3.3 When the power switch in the control unit is set to ‘ON’ position, there will be beep sound and the ‘ON’ lamp on the display section of the control unit will glow green.
9.3.4 The Presiding Officer will then close the rear compartment. To keep it firmly closed, a piece of thin wire or a thick thread may be run through the two holes provided for the purpose and the ends of the wire may be given a few twists or a knot, as the case may be. Presiding Officer should note that the rear compartment is not sealed as it will require to be opened after the close of poll for switching off the power of Control unit and disconnecting the VVPAT and Balloting Unit(s).
9.4 PREPARATIONS ON VVPAT
VVPAT shall be set as per number of contesting candidates set in the control unit by the Returning Officer, duly loading the ballot paper. At the time of taking delivery of the EVM along with the polling material, the presiding officer might have checked the serial number of VVPAT. He should verify the serial numbers and the names of candidates and symbols allotted to them as given in the Balloting Unit and whether sufficient quantity of paper is loaded in the printer. VVPAT shall be kept with the Balloting Unit(s) in the voting compartment and shall be connected to the EVM in the manner as directed by the Election Commission. While casting the vote the elector will be able to view through the transparent window of the printer the paper slip for 7 seconds showing the serial number, name, and the symbol of the candidate for whom he has cast his vote before such slips get cut and drop in the drop box of the printer.
9.5 When VVPAT switch is on, a self-test procedure starts and print some test slips as shown below:
9.6 Mock Poll Slips:
When an elector votes, VVPAT
prints a paper slip showing serial number, name & symbol of the candidate.
Here, dummy mock poll slips are shown below:
10. Conducting The Mock Poll
10.1 Before commencing the poll, the Presiding Officer has to satisfy not only himself, but all Polling Agents present at the polling station that the EVM and VVPAT is in perfect working order and that no votes have already been recorded in the machines. For such satisfaction, he shall first show to all present that all counts have been set to ZERO by pressing the ‘Clear’ button. The ‘Clear’ button is provided in a compartment in the result section of the control unit. This compartment is covered by an inner door and an outer cover. The inner door covers the compartments containing ‘Clear’ button, ‘Result’ button and ‘Print’ button. Adjacent to this ‘CLOSE’ button is available in another chamber. This chamber containing ‘CLOSE’ button is covered when outer cover of result section is closed. The outer cover is provided above the inner door and covers also the compartment containing the ‘Close’ button. For reaching the ‘Clear’ button, he will first open the outer cover by pressing the latch provided on the left side slightly inwards. Thereafter, the inner door can be opened by inserting the thumb and a finger through the two apertures above the ‘Result’ and ‘Print’ buttons and then simultaneously pressing the latches inside slightly inwards. In no case, should this inner door be force opened without releasing the latches in the manner described above, as otherwise this most vital compartment will get damaged. When the ‘Clear’ button is pressed, the Display Panels on the control unit will start displaying the information sequentially (every indication is followed by a beep sound).
NOTE: If on pressing ‘Clear’ button, the display panels do not display the information as indicated above, it means that some of the earlier operations needed for clearing the machine have not been performed. To clear the machine, the Presiding Officer should ensure that Balloting Units, VVPAT and control unit have been properly linked. He should then press the ‘Close’ button and there after press the ‘Result’ button. Now when he presses the ‘Clear’ button, the display panels will start displaying the information. The display of the information on the display panels shall satisfy the Polling Agents present at the polling station that no votes are already recorded in the machine.
10.2 After demonstrating as above that no votes are already recorded in the machine; the presiding officer shall conduct a mock poll by recording at least 50 votes at random for the contesting candidates (equal votes for all candidates including NOTA). For that purpose, he will perform the following operations: -
10.2.1 He will press the ‘Ballot’ button on the ballot section of the control unit. On pressing the ‘Ballot’ button, ‘Busy’ lamp in the display section will glow red. Simultaneously the ‘Ready’ lamp on the Balloting Units will also start glowing green.
10.2.2 Then Presiding Officer will ask any Polling Agent to press, according to his choice, any of the candidate’s blue buttons on the Balloting Units. It has to be ensured that each of the blue (unmasked) buttons is pressed at least once, so that each button left unmasked is tested and found functioning properly.
10.2.3 On the candidate’s blue button being so pressed, the ‘Ready’ lamp on the Balloting Unit will go off and the candidate’s lamp near the button will start glowing red. The VVPAT will print a small slip of paper that carry the symbol, name and serial number of the candidate voted which will be visible for seven seconds in the VVPAT window, after that it will cut off and get dropped in paper slip drop box of VVPAT. Also, a beep sound will be heard from the control unit. After a few seconds, the red light in the candidate’s lamp, red light in the ‘Busy’ lamp and the beep sound will go off. This will be the indication that the vote for the candidate, whose blue button has been pressed, has been recorded in the control unit and that the machine is now ready to receive the next vote.
10.2.4 This process as explained in the preceding paras (a), (b) and (c) will be repeated for recording one or more votes for each of the remaining candidates. A careful account of the votes so recorded in respect of each candidate has to be kept. VVPAT paper slips will be printed with each vote.
10.2.5 When the votes are being so recorded, the presiding officer may press the ‘Total’ button on the ballot section of the control unit to verify at any time that the total votes recorded in the machine tally with the number of votes which have been polled up to that stage.
NOTE: ‘Total’ button should be pressed only after the vote has been recorded for any candidate and the ‘Busy’ lamp in the display section is off.
10.2.6 At the end of the mock poll, when the presiding officer presses the ‘Close’ button in the result section, the display panels in the display section will show the information sequentially.
10.2.7 Now on pressing the button marked ‘Result’ in the Result Section, the Display Panels will start showing the information sequentially. After the mock poll, ascertain the result in Control Unit and count the VVPAT paper slips (after taking out from the VVPAT drop box) in respect of each candidate in the presence of polling agents and confirm that the result tallies with the votes polled in respect of each candidate next, the Presiding Officer will again press the ‘Clear’ button to clear the account of votes recorded during the mock voting. On the ‘Clear’ button being so pressed, all counts will show ZERO. Also, the paper slips in VVPAT should be cleared from the drop box and the drop box be sealed.
10.3 As the presence of Polling Agents helps in preventing
impersonation and ensures that the EVM and VVPAT used at the polling station is
in proper working condition and cleared of the votes cast at the time of mock
poll, the Commission has introduced a consolidated proforma for presiding
officer’s report on poll day in which mock poll certificate is included as part
1 of that proforma which is to be prepared by the Presiding Officer which will
indicate the names of the polling agents present and the candidates they
represent and obtain their signatures on it. A proforma for presiding officer’s
report on poll day is given in Appendix –IX.
11. CRC Protocol At The End Of Mock Poll:
11.1 The presiding officer, at the end of mock poll at the polling station, will invariably check the following:
11.1.1 That CRC protocol has been followed and that clear button on the control unit has been pressed to clear the mock poll data.
11.1.2 That all the mock poll paper slips have been taken out from the VVPAT after mock poll.
11.1.3 To ensure that there are no printed slips in the VVPAT and shown to Polling Agents before start of actual poll.
11.1.4 That total button on the control unit has been pressed and to show total vote as ‘zero’ to the Polling Agents
11.1.5 That mock poll VVPAT slips are stamped with mock poll slip signed by presiding officers and Polling Agents and sealed in black envelope and then sealed with pink paper seal
11.1.6 To note the time display on the control unit and check if it is
more/less than the Indian standard time (IST) if any.
12. Replacement Protocol Of EVMs & VVPATs During Mock Poll:
12.1 BU not functioning – replace BU only
12.2 CU not functioning – Replace CU only
12.3 VVPAT not functioning – Replace VVPAT only
12.4 In case, any EVM/ VVPAT is replaced during mock poll, the
Presiding Officer shall prepare a report in part – IV of Presiding Officers
report which will indicate the presence of Polling Agents and obtain their
signatures on it. This proforma of Presiding Officers report on poll day is
given in Appendix -X
13. Flowchart Of Mock Poll Process
14. Sealing Process Of EVMs And VVPATs
14.1 Various types of seals and tags used for Sealing EVMs & VVPATs Immediately
14.2 Sealing of EVMs & VVPATs on poll day after mock poll:
14.2.1 Sealing of black envelope having mock poll printed ballot slips with
Pink Paper Seal
After the mock poll, Presiding Officer removes all the printed paper (ballot) slips from the drop box in the VVPAT unit, stamps the printed paper slips of the mock poll on their back side with rubber stamp having inscription “MOCK POLL SLIP’ before keeping and sealing these printed paper slips in the thick black envelope supplied for the purpose. The envelope is sealed with the seal of the Presiding Officer and Pink Paper Seals.
14.2.2 Fixing of Green Paper Seal in Control Unit after Mock poll and
before starting actual poll on poll day
Affix Green paper seal on the
inner side of door of Result Section as shown in the above figure and close the
door in such a manner that the two ends of the paper seal project outwards from
the sides of the inner compartment.
It should be ensured that no damaged
paper seal is used in any case and if any paper seal gets damaged in the
process of fixing, it should be replaced then and there before the door of the
inner compartment is closed.
Before the green paper seal is fixed in the frame provided for the purpose, the Presiding Officer shall affix his signature in full immediately below the serial number of the paper seal on the white surface of the paper seal. It shall also be signed by such of the candidates or their Polling Agents as are present and are desirous of affixing their signature.
14.2.3 Sealing of inner door compartment (inner Result Section) with
Special Tag
Seal the inner door of the Result Section by passing a thread through hole provided on the left side using ‘Special tag’ showing the particulars of the election with the seal of the Presiding Officer.Before the Special Tag is used, the Presiding Officer shall write the serial number of the control unit on the special tag.Then put his signature on the BACK of the special tag. He will also ask the candidates/ Polling Agents present in the polling station before the commencement of the poll to sign on the back if they so desire. He will also read out the pre-printed serial number on the special tag and ask the candidates/Polling Agents present to note down that serial number. If, by any chance, the special tag is spoiled or torn, another one will be used.
For this purpose, like ‘Green Paper Seals’, the Returning Officer supplies 3 or 4 “Special Tags”.
14.2.4 Sealing of outer door Result Section of CU with thread seal using Address Tag and Green Paper Seal
After sealing inner door of Result Section of CU with Special Tag, close the outer door of the Result Section ensuring that loose ends of the Green Paper Seal protrude out from both the sides of the closed outer door. Then the Presiding Officer shall seal the outer door by passing a thread through hole provided on the left side using Address Tag showing the particulars of the election with the seal of the Presiding Officer.
Thereafter, remove the wax paper from ‘A’ side of the Modified Green Paper Seal and paste on the outer door of the Result Section. Then remove the wax paper from ‘B’ side and paste on top of the underlying ‘A’ side of the Modified Green Paper seal in such a way that the serial no. of the seal is visible on the top.
The address tag will contain the
following particulars:
The candidates or their Polling
Agents present should also ideally affix their seals, if they so desire, on the
outer covers address tag along with Presiding Officer’s seal.
By so closing and sealing the inner compartment and the outer cover, the whole result section gets sealed and secured and the votes which will be recorded by the control unit cannot be deleted or result cannot be seen.
14.2.5 Sealing of Drop Box Of VVPAT with thread using address tag
Thereafter, seal the drop box
with the thread and Address Tag before actual poll starts.
NOTE: All seals used on the poll
day for sealing of EVMs & VVPATs shall be signed by the Presiding Officer and
Polling Agents.
CHAPTER-4: Conduct of Poll
1. Maintenance of Secrecy of Voting
1.1 Section 128 of the Representation of the People Act, 1951, requires every Polling Agent to maintain and to aid in maintaining, the secrecy of voting. No Polling Agent should communicate any information calculated to violate such secrecy to any person. Anyone, contravening the above provisions of law, is punishable with imprisonment for a term, which may extend to 3 months or with fine or with both.
1.2 Before commencing the poll, the Presiding Officer will bring to the notice of all present, the provisions of aforesaid Section 128 of the R.P. Act, 1951, regarding their duty to maintain the secrecy of the vote and the penalty for any breach thereof.
1.3 Every elector who has been allowed to record his vote is required to maintain secrecy of voting within the polling station and to observe the prescribed voting procedure. If any elector refuses to maintain the secrecy of voting even after warning is given to him by the Presiding Officer to observe the voting procedure, he will not be allowed to vote by the Presiding Officer or by a Polling Officer under his direction. The voter’s slip, if already issued to such elector by the polling officer shall be taken back from him and cancelled. The Presiding Officer will make a remark to that effect,— “Not allowed to vote — Voting procedure violated” in the register of voters (17 A Register) under his signature. It shall however not be necessary to make any change in the serial number of that elector or of any succeeding electors in column 1 of that 17-A register.
1.4 Election commission has permitted videography, webcasting, CCTV
cameras as clarified at para no 6.3 with a clear direction that secrecy of
voting shall not be violated and the camera shall not zoom inside the voting
compartment.
2. Keeping Voting Machines Ready For Actual Poll.
2.1 The voting compartment should be placed away from the window / door so that secrecy of voting is not violated.
2.2 The VVPAT should be placed to the left side of the Balloting Unit in the voting compartment to ensure that the voter can see properly that his vote is cast correctly.
2.3 The interconnecting cable between VVPAT and the control unit should not obstruct the movement of voters.
2.4 High voltage incandescent bulbs/ high illumination bulbs/ tube
lights should not be placed over / in front of the VVPAT.
3. Account Of Paper Seals.
3.1 The Presiding Officer will keep a correct account of the paper seals supplied to him and actually used by him for sealing and securing the control unit. Such account shall be maintained by him in the form specifically prescribed for the purpose, vide Item 9 of Part I of 17C, appended to the Conduct of Elections Rules, 1961.
3.2 The Presiding Officer shall allow the candidates or their
Polling Agents present to note down the serial numbers of paper seals so
supplied for use and actually used.
4. Commencement of Actual Poll
4.1 After the Presiding Officer has gone through the preliminaries, he will make a declaration in the prescribed Form (Appendix XI) to the effect that he has completed all the required preliminaries. He will read out the declaration aloud to all persons present in the polling station and sign the declaration and will also obtain thereon the signatures of such of the Polling Agents as are present and willing to affix the same. Polling Agents should sign the declaration as it would satisfy all that the poll had commenced in free and fair manner. If any Polling Agent refuses to sign that declaration, the Presiding Officer will make a note of his name in the paragraph provided for that purpose in the form of the said declaration.
4.2 The poll will be commenced at the stroke of the hour fixed for
the purpose. By that time, the Presiding Officer would have completed the
preliminaries. If for any unforeseen reasons, the preliminaries are not over,
the Presiding Officer may admit about 3 or 4 voters at the hour fixed for the
commencement of the poll and let the polling officers deal with them, to enable
them to go through the process of voting.
5. Entry Of Voters into Polling Station.
Normally there will be separate
queues for men and women voters. The persons who enforce the queues will allow
three or four voters into the polling station at a time or as the Presiding
Officer may direct. Other voters waiting to come in will be made to stand in a
queue outside. Formation of more than one queue for these voters should not be
allowed. The Polling Agents should not object to this. Since women electors
coming to vote at polling stations have to attend many household chores, two
women voters may be allowed entry into polling station for every male voter.
6. Entry Of PWDs And Senior Citizens Into Polling Stations.
Presiding Officer should ensure
that Senior citizens, and physically challenged electors are given top priority
for entering the polling station, without having to wait in the queue with the
other electors. All such voters must be given an opportunity to immediately
cast their vote without any waiting for which necessary assistance, as may be
required, should be provided to them at the polling station. For this purpose,
if necessary, seating arrangements should be made for such voters. Presiding
Officer should ensure that full facility is provided for such electors to take
their wheelchair inside the polling station.
7. Identification Of Electors.
7.1 The identity of the electors is to be established by the EPIC or
any of the alternative photo identity documents shown below which are
prescribed by the Election Commission. The alternative identification documents
would in normal case be the following:
(i) Adhaar Card
(ii) Driving License
(iii) Pan Card
(iv) Passbooks with photographs issued by the Bank/Post office.
(v) Indian Passport.
(vi) Service identity cards with photograph issued to employees by central/state Govt.,PSU’s/Public Limited Companies.
(vii) Smart Card issued by RGI under NPR
(viii) MNREGA job card
(ix) Health Insurance Smart Card issued under the Scheme of Ministry of Labour.
(x) Pension document with photograph.
k. Unique Disability (I.D) Card issued by the Ministry of Social Justice and Empowerment, Government of India.
However, it is advised to get the latest list, from the Returning Officer / Presiding Officer about the details of such other alternative photo identity documents as and when prescribed by the Election Commission for the election.
7.2 The Election Commission has directed that Voter information Slip
shall not be accepted as a stand-alone identification document for voting
and the elector be allowed to cast his vote based on the identity of the
elector by means of EPIC or any of the alternative prescribed photo identity
document produced by him. The Presiding Officer may also allow an elector to
cast his vote if he produces an Electors Photo Identity Card, which has been
issued by the ERO of another assembly constituency, provided his name appears
in the electoral roll pertaining to that particular polling station, where the
elector has turned up for voting and further that he has not voted at any other
place, by checking his left forefinger.
8. Application Of Indelible Ink To Voters
8.1 The indelible ink will be applied on voter’s left-hand forefinger, as a line with the help of brush from the top end of the nail to the bottom of the first joint of the left forefinger as shown in the diagram below.
8.2 The checking of the left forefinger of the voter to ensure that there is a clear indelible ink mark may be entrusted by the Presiding Officer to some other Polling Officer. If he finds that such mark is not clearly visible or the indelible ink has been wiped off, he shall again mark the voter’s left forefinger with indelible ink.
8.3 It is clarified that if an elector has no left hand forefinger,
then indelible ink should be applied on any such finger which he has on his
left hand. Further, if he does not have any fingers on his left hand, the ink
should be applied on his right hand forefinger. If he has no right hand
forefinger, then indelible ink should be applied on any other finger, which he
has on his right hand, starting with his forefinger. If he has no fingers on
either hand, indelible ink should be applied on such extremity (stump) of his
left or right hand, as he possesses.
9. Voting Procedure at The Polling Station.
9.1 Polling Agent should be completely familiar with the method of recording of votes on the EVM so that they may not raise unnecessary objections about the procedure followed at the polling station.
9.2 When an elector enters a polling station and after his identity has been established and there is no challenge to his identity, the elector’s left forefinger will be marked with indelible ink and the serial number of the voter as per the electoral roll will be noted in column (2) of Form 17A. In the case of electors voting on the basis of the EPIC, it is sufficient that the letters ‘EP’ (denoting EPIC), is mentioned in the column(3) of Form 17A. However, in the case of those, who vote on the basis of any alternative documents, the last four digits of that alternative document should be written. Then the signature or thumb impression of the elector is taken in column (4) and a voter’s slip for the elector is prepared by polling staff.
9.3 The elector will then go with this voter’s slip to the Presiding Officer or the third Polling Officer, whoever is incharge of the control unit of the voting machine. The Presiding Officer/ Third Polling Officer, as the case may be, will inspect the elector’s left forefinger for the indelible ink mark thereon and allow him to record his vote in the voting machine on the basis of the aforesaid voter’s slip.
9.4 The electors will be allowed to record their votes in the voting machine in the same serial number in which they have been registered in the Register of voters (Form 17 –A). If it is not possible to follow such exact serial order, in respect of any elector, due to any exceptional circumstance or unforeseen or unavoidable reason, a suitable entry showing the exact serial number at which he has voted should be recorded in the remarks column of the register of voters against the person concerned. Similar entries should also be made in respect of the subsequent voters whose serial order has been disturbed thereby.
9.5 The elector will record his vote in the Voting Compartment by pressing the ‘ Blue Button’ provided on the Balloting Unit against the name, photograph and symbol of the contesting candidate of his choice. When he presses that button, the lamp provided on the Balloting Unit will start glowing red and green light on the Balloting Unit will go off. The VVPAT will print a small slip of paper that carry the symbol, name and serial number of the candidate voted which will be visible for seven seconds in the VVPAT window. Thereafter, the printed paper slip will automatically get cut and fall in sealed drop box of the VVPAT. Also, a beep sound will be heard from the Control Unit. After a few seconds, the beep sound and the red light in the candidate’s lamp on the balloting Unit and the red light in the ‘Busy’ lamp on the Control Unit will also go off. The balloting unit will then get automatically locked till it is prepared again for the next vote by the Presiding Officer / Polling Officer.
9.6 If any voter is not properly aware of the method of voting
through EVM, the Presiding Officer will demonstrate using the cardboard model
of EVM kept in the polling station. Polling Agent should not go inside the
voting compartment to assist voters.
10. Protocol For Replacement Of EVM/VVPAT Units During Actual Poll.
10.1 In case there is any issue of not functioning / mal functioning of EVM/ VVPAT, the following protocol is followed for replacement of EVM / VVPAT.
10.1.1 Switch off CU before any sort of replacement.
10.1.2 In case display panel of the CU displays “LINK ERROR”, then check that all the cable connections are proper by visual inspection (Don’t Remove and reconnect the connectors). If “LINK ERROR” still persists, then replace complete set of EVM and VVPAT.
10.1.3 If BU or CU not functioning -- Replace full set [BU+CU+VVPAT]. When full set is replaced, then conduct Mock poll by casting one vote to each contesting candidate including NOTA & to follow all other instructions of mock poll process.
10.1.4 Continue the poll with the new EVM set, after clearing mock poll data and after removing printed paper slips from the VVPAT drop box.
10.1.5 If VVPAT is Not functioning – Replace VVPAT only. No need to replace the BU or CU. If only VVPAT is replaced, then there is no need to conduct mock poll in such cases.
10.1.6 If any EVM/VVPAT is replaced during the actual poll, the Presiding Officer shall fill up part –V of the Presiding Officer report duly taking the signatures of the Polling Agents & Sectoral Officer/Zonal Magistrates. (Appendix – XII)
10.1.7 If CU shows “Replace power pack of CU”, then replace Power Pack of CU only, In such cases there is no need to conduct mock poll.
10.1.8 The Presiding Officer shall replace the power pack of CU in the presence of Polling Agents & Sectoral Officers/ Zonal Magistrates & again seal the Battery Section of CU with address tag and obtain their signatures. The Presiding Officer shall submit report in part – II of the Presiding Officers report. (Appendix – XIII)
10.1.9 If CU shows “Replace power pack of VVPAT”, then replace Power Pack of VVPAT only, in such cases there is no need to conduct mock poll.
10.1.10 If CU shows “low Battery” for VVPAT, then replace power pack of VVPAT. No need to conduct mock poll.
10.1.11 If VVPAT has not printed the paper slip, or the printed slip
remains uncut, then (a) Do not try to word remove/cut hanging slip from
the paper roll, no effort should be made to make it fall into the drop box. It
should be allowed to remain hanging, as it means that the vote has not been
recorded in Control Unit as it is not to be counted at the time of counting of
the printed-paper slips. The details of such an occurrence should be clearly
recorded in the Presiding Officer’s dairy.
11. Electoral And Printing Errors In The Electoral Rolls To Be Overlooked.
The particulars in respect of a
voter as entered in the electoral roll are sometimes incorrectly printed or
have become out of date, for example, the age of the voter. Polling Agent
should overlook mere clerical or printing errors in any entry relating to a
voter’s age in the printed roll and should not raise any objection about such
voter, if Polling Agent is otherwise satisfied about the identity of that
voter. When the electoral roll has been prepared in more than one language and
the name of a person has not been included in the marked copy of the electoral
roll, the Presiding Officer has been instructed to allow such voter to vote if
his name appears in the version of the electoral roll in the other language.
Polling Agent is advised not to raise any objection in respect of such an
elector.
12. Eligibility Of Voter Not To Be Questioned.
Every person whose name is
entered in the marked copy of the electoral roll is entitled to vote at the
election. As long as there is no doubt about the identity of such person, no
question can be raised by a Polling Agent at the polling station before the
Presiding Officer about the eligibility of such a person to be registered as a
voter.
13. Special Cases During Poll
13.1 Precautions Against Voting by Underage Voters.
13.1.1 The eligibility of a person whose name is included in the electoral roll to be a voter cannot be questioned or enquired into by the Presiding Officer at the polling station. However, if the Presiding Officer is prima facie satisfied about the identity of a voter and also about the fact of inclusion of his name in the electoral roll but considers such person to be below the minimum voting age, the Presiding Officer has been instructed by the Commission to obtain a declaration in the prescribed form (Appendix-XIV) from the person concerned about his age. Before obtaining the declaration from such elector, the Presiding Officer will inform him of the penal provisions in section 31 of the Representation of the People Act, 1950 for making a false declaration relating to the inclusion of his name in the electoral roll.
13.1.2 Polling Agent may bring to the notice of the Presiding Officer such cases of voters whose names are included in the electoral roll, but who seem to be much below the voting age, so that the Presiding Officer may take action in respect of such voters as mentioned above.
13.2 List of Dead, Absent And Shifted (ASD) Voters.
13.2.1 The Election Commission of India has noticed that on the day of poll, some persons come to the polling station to vote in the name of voters, who are dead or shifted to other places. In the course of canvassing for votes, the workers and agents may find that some of the voters whose names appear in the electoral roll are dead, that some voters may have more or less permanently left the locality. The party workers may be asked to prepare a list of such dead, absentee or shifted and duplicate voters for each polling station separately. If possible, get a list of such voters agreed to by all the contesting candidates and arrange to deliver the agreed list to the Returning Officer at least 7 days, before the first day of the poll in the constituency. Even if the list cannot be agreed to by all the contesting candidates, get as many of them to agree as possible, or, failing even that, supply the Returning Officer with the list.
13.2.2 It is expected that a Polling Agent will have with him a copy of the electoral roll and also a list of the names of the dead, absent and shifted voters which have been prepared by the candidate or his party. A copy of this list should be supplied to the Presiding Officer also. If any person claiming to be a voter has his name mentioned in that list, the Polling Agent should draw the Presiding Officer’s attention to that fact who shall check that person’s identity rigorously with help of his EPIC or one of the alternate documents of identification specially permitted by the Election Commission This will not amount to a formal challenge.
13.2.3 In order to prevent impersonation at the time of poll, the Election Commission has issued the following directions:
(i) A list of ASD voters should be prepared polling station wise, and it should be ensured that each Presiding Officer is provided with a separate list of Absentee, Shifted and Dead electors (ASD List)
(ii) On the day of poll in order to cast vote, the elector, who is in such list, shall have to produce EPIC or any one of the alternative photo documents, if any, permitted by the Election Commission. The Presiding Officer shall verify the identification document personally in such cases and the details properly registered by the polling officer concerned in the Register of voters in Form 17A.
(iii) In the case of an elector mentioned in ASD list turning up for voting, after thorough verification of identity, the Presiding Officer shall take a declaration from that ASD elector in the format (Appendix XV) and thumb impression of such electors shall also be obtained in addition to signature against the column of “signature/thumb impression” of Register of voters (Form 17A). The thumb impression shall be in addition to the signature even in the case of an elector who is literate and can sign.
(iv) Presiding Officer shall maintain a record of such cases and give a certificate at the end of the poll (to be kept with Form 17A for scrutiny) that so many electors from the list of absentee and shifted electors were allowed to vote after proper scrutiny.
(v) Wherever possible, such electors may be photographed, and records kept.
(vi) The Election commission has directed that identification of
overseas electors at the time of casting of votes at polling station shall be
done only based on original passports produced by them.
14. Special Category Of Voters Permitted To Vote From Home:-
Those persons who have availed
the facility of postal ballot (like senior citizens above the age of 80 years,
persons with 40% benchmark disability and covid 19 affected persons) and
against whom P.B. is marked in the electoral roll will not be permitted to vote
on the poll day in the polling station.
15. Challenges To The Identity Of A Voter.
15.1 One of the main duties of the Polling Agent is to help the Presiding Officer to detect and prevent impersonation of voters. Polling Agent is, therefore, entitled to challenge the identity of a person who comes as a voter, if he/she has personal knowledge that the person claiming to be that voter, is not the same person. Polling Agent should not, however, make indiscriminate challenges as this would hamper the smooth progress of the poll leading to delay in which case some voters might get frustrated and leave the queue without voting.
15.2 If the Presiding Officer disregards the ASD list, Polling Agent may formally challenge the identity of the person provided he/she is satisfied that the person concerned is impersonating a voter.
15.3 Even if the name of a voter is not mentioned in the above list of dead, absent and shifted, but Polling Agent has personal knowledge that the person claiming to be the voter is not the real voter, he/she may formally challenge that person’s identity.
15.4 Every person whose name is entered in the electoral roll is
entitled to vote at the election and a person claiming to be a voter and giving
the name and other details correctly and producing EPIC or one of the
alternative documents approved by the Commission for this particular election
is normally presumed to be that voter. Therefore, Polling Agent is advised to
challenge the identity of a voter only when he/she is sure about the identity
of the person challenged.
16. Challenge Fee
The Presiding Officer will not
entertain any challenge, until the challenger pays him Rupees 2 in cash under
Rule 36 of Conduct of Elections Rules,1961. After the amount has been paid, the
Presiding Officer will furnish a receipt there for the challenger in the form
prescribed by the Election Commission. (Appendix – XVI)
17. Summary Inquiry Into A Challenge
17.1 When the identity of an elector is formally challenged by a polling agent, the Presiding Officer will warn the person challenged, about the penalty for impersonation, read out the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry, enter his name and address in the list of challenged votes (Appendix-XVII) and ask him to sign or affix his thumb impression thereon. If the person challenged refuses to do so, the Presiding Officer will not allow him to vote.
17.2 After the Presiding Officer has completed the entries in the list of challenged votes and obtained the signature or thumb impression of the person challenged in the relevant column in the said list, he will ask the challenger to produce evidence to show that the person challenged is not the voter that he claims to be. If the challenger fails to adduce prima facie evidence in support of his challenge, the Presiding Officer will disallow the challenge and allow the person challenged to vote. If the challenger succeeds in making out a prima facie case that the person challenged is not the voter in question, the Presiding Officer will call upon the latter to produce evidence to rebut the challenge, i.e., to prove that he is the voter he claims to be. In the course of the inquiry, the Presiding Officer is free to ascertain the true facts by putting any questions necessary for the purpose of establishing the identity of any person whom he thinks to be helpful in his inquiry, like, the village officer, the neighbours of the voter in question or any other person present. While taking such evidence, he may administer oath to the person challenged or any other person offering to give evidence.
17.3 After the completion of the inquiry, if the Presiding Officer
considers that the challenge has not been established, he should allow the
person challenged to vote. Where, however, he considers that the challenge has
been established, the Presiding Officer shall debar the person challenged from
voting. In that case, the Presiding Officer has also been instructed to hand
over the person concerned to the police man on duty, together with a complaint
addressed to the SHO of Police Station, (Appendix – XVIII) in the jurisdiction
of which the polling station falls, for prosecution of the person concerned for
committing the offence of impersonation.
18. Return Or Forfeiture Of Challenge Fee
18.1 After the inquiry is over, if the challenge is established, the Presiding Officer will return the challenge fee of Rupees 2 to the challenger after taking his receipt in the appropriate column (column 10) in the list of challenged votes and on the counterfoil of the relevant receipt in the receipt book.
18.2 Where, however, the Presiding Officer is of the opinion that the
challenge was frivolous or was not made in good faith, he will forfeit the
challenge fee to Government and will not return it to the challenger.
19. Voting Through Proxy: Classified Service Voters (CSVs)
19.1 As an alternative to the ETPBS, service voters belonging to the Armed Forces and members belonging to a Force to which provisions of the Army Act, 1950 applies, have been provided the facility to opt to vote either through proxy or through ETPBS. Such service voters, who opt to vote through proxy, have been categorized as “Classified Service Voters” (CSVs). The CSVs are required to appoint a person who is a resident of the area covered by the constituency concerned, as his proxy. The proxy should be of at least 18 years of age and shall not be disqualified for registration as an elector. The appointment will be made in Form 13F. An appointment once made will be valid for all future elections so long as the person making the appointment continues to be a service voter or till the appointment is revoked or the proxy dies. The CSV has the option to revoke the appointment and appoint a new proxy on the death of the earlier proxy or for other reasons. Such revocation of appointment is to be done in Form 13G.
19.2 On receipt of intimation of appointment of proxy by a CSV, the Returning Officer will mark the letters ‘CSV’ against the name of the service voter in the last part of the electoral roll to indicate that the elector has appointed a proxy to cast vote on his behalf. For using the facility of proxy voting at the next earliest election, intimation of appointment of proxy should reach the Returning Officer by the last date for filing nomination at that election. The Returning Officer will also maintain a separate list of CSVs and their proxies with their complete addresses in the form and manner specified by the Commission. After the last date for filing nominations, the Returning Officer will prepare polling station-wise sub-lists of all CSVs and their proxies. These sub lists will be added at the end of the part of the electoral roll pertaining to the polling station concerned and the part of the electoral roll along with the sub-list will be the marked copy of the electoral roll for that polling station.
19.3 The proxy will record the vote on behalf of the CSVs at the polling station to which the CSV is assigned, in the same manner as any other elector assigned to that polling station. It may be noted that in the case of proxy, marking of the indelible ink under Rule 37 will be done on the middle finger of the left hand of the proxy. The proxy will be entitled to vote on behalf of the CSV in addition to the vote that he may cast in his own name, if he is a registered elector in the constituency, at the polling station to which he has been normally assigned.
19.4 A CSV who has appointed a proxy will not be issued a postal ballot
paper.
20. Voting By Blind Or Infirm Voters
20.1 Infirm voters who are capable of voting by himself by pressing the button of the candidate of his choice on the Balloting Unit of EVM shall be permitted one authorized companion only up to Voting compartment in the polling station and not inside the voting compartment. This will apply in cases where the nature of physical infirmity is such that the elector needs assistance only for his movement and not for voting. The presiding Officer has to take decision in such cases. If the Presiding Officer is satisfied that a voter is unable to recognize the symbols on the ballot paper affixed on the Balloting Unit(s) of the EVM or to record his vote on it without assistance on account of being blind or infirmity, he will permit such voter to take an adult companion of not less than 18 years into the voting compartment with him for recording the vote on his behalf and in accordance with his wishes. But the illiteracy of a voter is not a sufficient cause for giving him assistance of a companion to record vote on his behalf. Further, none of the polling staff can act as a companion to record vote on his behalf.
20.2 Numeric in Braille signage (1 to 16) has been provided on the Balloting Unit (BU) top cover on the right of the blue button for each contesting candidate for the convenience of the visually challenged (blind) persons.
20.3 A person can act as companion of only one elector on poll day. The person acting as companion is required to make a declaration in the prescribed form (Appendix-XIX) to the effect that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as a companion of any other elector at any polling station on that day.
20.4 As per the first proviso to sub-rule (1) of Rule 49N, one person cannot act as the companion of more than one elector. In order to facilitate the polling staff to ensure compliance of these provisions, application of indelible ink shall also apply to the companion. Indelible ink shall be applied on the right index finger of the companion. Marking of ink on the left index finger of the elector in such cases shall continue to apply as per the existing provisions.
20.5 Sub-rule (2) of Rule 49N provides that the Presiding Officer shall
keep a record of cases where electors record vote with the assistance of the
companion in Form 14A. This should cover all cases where the companion is
permitted to go into the voting compartment with the elector to assist him in recording
the vote. Cases where a companion only comes to assist the elector in his
movement and does not go into the voting compartment shall not be included in
Form 14A.
21. Tendered Votes
It may happen that a person
claiming to be a particular elector comes forward to vote after some other
person has already voted as such elector. In that case, if the Presiding
Officer is satisfied about the identity of such person to be the real voter
after necessary questioning, the Presiding Officer will permit him to vote by
means of a tendered ballot paper, but not by means of the voting machine. For
that purpose, the Presiding Officer will make necessary entry in the list of
tendered votes (Form 17B appended to the Conduct of Elections Rules, 1961) and
obtain the signature or thumb impression of the voter therein. The voter will
be supplied with a ballot paper which shall be similar to the ballot paper
affixed on the Balloting Unit of the voting machine and the words ‘Tendered
ballot paper’ will be stamped or written on its back. The elector will record
his vote on the tendered ballot paper by placing a mark by means of the arrow
mark rubber stamp, which is used for marking ballot papers under the
traditional marking system of voting. Such tendered ballot paper, after it is
marked by the voter in the voting compartment and folded, shall be handed over
to the Presiding Officer, who will place it separately in a cover specially
kept for the purpose.
22. Electors Deciding Not To Vote
22.1 If an elector, after his electoral roll number has been duly entered in the register of voters (Form 17A) and he has signed/affixed his thumb impression on that register, decides not to record his vote, he shall not be forced or compelled to do so. A remark to the effect that he has decided not to record his vote — “Refused to Vote” shall be made in the remarks column against the entry relating to him in the register of voters by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark under rule 49-O. It shall not be necessary to make any change in the serial number of the elector or of any succeeding elector in column (1) of the register of voters. If the “Ballot” button on the control unit has been pressed to release voting on the Balloting Unit by a voter and he refuses to vote, either the Presiding Officer/third Polling Officer, whoever is in-charge of the control unit, should direct the next voter straightaway to proceed to the voting compartment to record his vote or put the ‘Power’ switch in the rear compartment of the control unit to ‘OFF’ position, then to ‘ON’ position, press the ‘Ballot’ button and direct the next voter to proceed to the voting compartment to record his vote.
22.2 Now the ‘Busy’ lamp will go off and the ‘Close’ button will become functional to close the poll.
22.3 The electors who do not wish to vote for any of the candidate can
exercise their right not to vote for any candidate without violation of the
secrecy of their decision. A ballot panel with the words “None of the Above’
written therein and with NOTA symbol is available to cast the vote.
23. Procedure In Case Of Complaint About Particulars Printed On Paper Trail.
23.1 If any voter alleges about the wrong printing of particulars of a candidate and/or symbol of that candidate on VVPAT paper slip printed by the printer, on pressing of concerned blue (candidate) button on the Balloting Unit to which the printer is connected, the Presiding Officer of the polling station should provide her a ‘Form of Declaration’ (Appendix-XX) to lodge a complaint and follow the procedure prescribed under rule 49MA, which is to be as under:
23.2 Procedure in case of complaint about particulars printed on paper slip-
23.2.1 Where printer for paper trail is used, if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for,PrO will obtain a written declaration from the elector to the allegation, after warning the elector about the consequence of making a false declaration.
23.2.2 If the elector gives the written declaration referred to above- Polling Officer will make a second entry related to that elector in form 17A, and permit the elector to record a test vote in the voting machine in voter’s presence and in the presence of the candidates or Polling Agents who may be present in the polling station, and observe the paper slip generated by the printer.
23.2.3 If the allegation is found true – report the facts immediately to the RO. PrO will stop further recording of votes in that voting machine and act as per the direction that may be given by the RO.
23.2.4 If, however, the allegation is found to be false and the paper slip so generated matches with the test vote recorded by the elector, then
24. Presiding Officers Entry In The Voting Compartment During Poll.
24.1 Sometimes, the Presiding Officer may have a suspicion or reason to suspect that the Balloting Unit(s) and VVPAT kept in the screened voting compartment is/are not functioning properly or that an elector who has entered the voting compartment is tampering or otherwise interfering with the Balloting Unit(s)/VVPAT or has remained inside the voting compartment for an unduly long period. The Presiding Officer has a right under Rule 49G to enter the voting compartment in such cases and to take such steps as may be considered necessary by him to ensure that the Balloting Unit(s) and VVPAT are not tampered or interfered with in any way and that the poll progresses smoothly and in an orderly manner
24.2 Whenever the Presiding Officer enters the voting compartment, he shall permit the Polling Agents present to accompany him, if they so desire.
24.3 In case there is doubt that the voter is manhandling the EVM or
VVPAT inside the voting compartment and remains in the voting compartment for
quite a long time, the Presiding Officer will ask one of the Polling Agents to
accompany him while proceeding to the voting compartment for inquiry to avoid
any confusion in the mind of Polling Agents.
25. Voting By Persons Present At Closing Hour.
The Presiding Officer will close
the polling station at the hour fixed for the purpose and will not thereafter
admit any elector into the polling station. But all electors present at the
polling station before it is closed will be allowed to cast their votes, even
if for that purpose the polling is to be continued beyond the specified closing
hour. For the above purpose, the Presiding Officer will distribute to all
voters, who are standing in the queue and waiting to vote at the specified
closing hour, slips ink signed by him in full and serially numbered from 1
onwards. He will not thereafter allow any person to join the queue and for
ensuring this he shall start distribution of the above slips to such voters
from the tail end of the queue and proceeding backward towards its head.
CHAPTER-5: Close of Poll and movement to reception/collection centre
1. Close Of Poll and Movement To Reception / Collection Centre
1.1 The Close Time of poll is scheduled by Commission based on inputs from the CEOs. It may differ from state to state and AC to AC in the same state also depending on various factors like terrain and topography of the polling area and extraneous factors like Left Wing Extremism. Accordingly, the Presiding Officer shall announce regarding the close of poll 15 minutes prior to the scheduled time and request all intending electors to queue up by the Close time of poll for voting. He will distribute tokens for voting in such a way that the last elector in the queue gets serial number one of the token and the elector at the door step of the booth gets the last number. It gives an idea to the Presiding Officer as to how many electors are there in line for voting. The poll can continue till the last elector has recorded his vote.
1.2 After the last elector has recorded his vote the Presiding
Officer shall close the poll by pressing the ‘CLOSE’ button in the Control Unit
of EVM and set it’s power switch to ‘OFF’ position. The display panel of CU
will show “Poll Closed”. Once the CLOSE button is pressed the voting machine
will not accept any further votes. Then he disconnects the Balloting Unit(s)
and VVPAT from the Control Unit. The Presiding Officer will take the signature
of the Polling Agent in Part –III of the Presiding officer’s report
(Appendix-XXI).
2. Accounts of Votes Recorded (Form-17C) and Furnishing Copy to Polling Agent:
2.1 After the close of the poll, the Presiding Officer prepares an
account of votes in the statutory form 17C. Form 17C contains two parts. The
Presiding Officer fills up the details in Part-I of the Form 17C by calculating
the total of votes polled. Part-II is used on the day of Counting. The number
of votes casted in the voting machine can be known by pressing the TOTAL button
of CU. He compares the data with the number of votes entered in Register of voters
(Form 17A), those who refused to vote although entering the booth and against
whom a TEST VOTE was allowed under Rule 49 MA etc.
2.2 Polling Agent is entitled to get a true copy of the Form-17C
under Rule 49-S (2) : As provided under the rules the Polling Agent is entitled
to get the true copy of votes recorded in the polling station to which he is
allotted. Accordingly, he should obtain the attested true copy of the part – I
of Form 17C (Appendix XXII) from the Presiding Officer and put his signature
acknowledging such receipt in the prescribed declaration of Presiding Officer
at the end of poll.(Appendix XXIII). This copy will be of much
help to the candidate on the day of counting to tally the votes. Hence, the
Polling Agent should not miss it. If any Polling Agent refuses to accept a copy
of above accounts in Form-17C the Presiding Officer will note down the names of
such Polling Agents in the above mentioned declaration.
3. Sealing Of Voting Machines After the Close Of Poll:
3.1 The voting machines are sealed in the following sequence;
3.1.1 The CU is switched off first and then BU and VVPAT are disconnected from the CU. The BU and CU are placed in their respective carrying cases.
3.1.2 The Power pack (Battery) is removed from the VVPAT power pack. The removed power packs of the VVPATs shall be deposited at the Collection Centre and will not be kept in the strong room. Then the VVPAT is kept in its carrying case.
3.1.3 The carrying cases of BU, CU and VVPAT are sealed with thread and proper address tags on both sides duly signed by the Presiding Officer and the Polling Agents on the address tags.
3.1.4 The name of the candidates/ Polling Agents who have affixed their seals on the carrying cases of BU,CU and VVPAT will be noted by the Presiding Officer in the declaration form which he makes at the close of poll. (Appendix-XXIV).
3.2 Sealing of Election Papers- affixing of seal thereon by the polling Agents:
3.2.1 After the close of the poll, the Presiding Officer will also seal all the election papers in separate packets in accordance with the rules and instructions of the Election Commission. The Polling Agents present at the polling station are also permitted to affix their seals, in addition to the seal of the Presiding Officer, on the envelopes and packets containing the following documents:
(i) The marked copy of the electoral roll;
(ii) Register of Voters;
(iii) Voters slips;
(iv) The tendered ballot papers and the list of tendered voters in Form 17B;
(v) The unused tendered ballot papers;
(vi) The list of challenged votes;
(vii) The unused and damaged paper seals, if any;
(viii) Appointment letters of Polling Agents; and
(ix) Any other papers that the Returning Officer has directed to be kept in a sealed packet.
3.2.2 Polling Agent is advised, in the interest of his/her candidate to
affix seals on the above packets of election papers. In order to avoid delay
and the inconvenience of waiting at the place for depositing sealed voting
machine, VVPAT, election papers and all other materials, Presiding Officer is
advised to pack the covers and other materials in packets and hand them over at
the place appointed for receipt thereof. There are EVM Paper Covers, Scrutiny
Cover, Statutory covers and non-statutory covers for sealing election paper.
The Details are as follows:
(i) The first packet (coloured WHITE)
should contain the EVM Papers as mentioned below and should
be superscribed as “EVM PAPERS COVER”
a) Envelope containing the account of votes recorded (Form-17C),
b) Envelope containing the PrO Report I (Mock-Poll Certificate), II & III
c) Black color Sealed Envelope containing Printed VVPAT paper slips of Mock Poll
Note: All the above election
papers should be kept in unsealed white coloured master envelope (Envelope No:
1/1) and should be kept in the Polled EVM Strongroom.
In case of simultaneous
election, for assembly election, one additional Master envelope for EVM Papers
in pink colour, one additional Envelope for account of votes recorded (17C) in
pink colour and one additional envelope for Presiding Officer’s Report-I (Mock
Poll Certificate), II & III in pink color and one additional envelope for
VVPAT paper slips of Mock poll in black colour for assembly poll EVM.
(ii) The Second packet (colored WHITE) should contain the
unsealed/sealed envelopes mentioned below and should be superscribed as
“SCRUTINY COVER”
a) Unsealed envelope containing the Presiding Officer’s Diary
b) Sealed envelope containing the register of voters (17A)
c) Unsealed envelope containing Visit Sheet
d) Unsealed envelope containing the list of blind and infirm electors in Form 14-A and the declarations of the companions.
Note: All the above election
papers should be kept in unsealed white coloured master envelope (Envelop No:
2/1) and Polling station wise scrutiny cover required for scrutiny should be
stored separately in a strong room other than Polled EVM strongroom having
polled EVMs and VVPATs.
(iii) The Third Packet (colored WHITE) should contain the sealed
envelopes mentioned below and should be superscribed as “STATUTORY COVER”
a) Sealed envelope containing the marked copy of the electoral roll and list of CSVs (if any)
b) Sealed envelope containing voter’s slips.
c) Sealed envelope containing unused tendered ballot papers.
d) Sealed envelope containing the used tendered ballot papers and the list in Form 17-B
e) Sealed envelope containing challenged votes in Form 14
Note: In case of simultaneous
election, for assembly election, one additional envelope for Voter’s Slips
(Pink Colour)- 01 Nos
(iv) The Fourth packet (colored YELLOW) should contain the following
covers and should be superscripted as “NON-STATUTORY COVER”
Note: In case of simultaneous
election, one additional envelope for declarations by the Presiding Officer may
be given in pink color for assembly poll.
(v) The Fifth packet (colored BROWN) should contain the following
items:
(vi) The Sixth packet (colored BLUE) should contain the following
items:
b) other unused forms
c) metal seal of the Presiding Officer
d) the arrow cross-mark rubber stamp for marking tendered ballot papers;
e) cup for setting the indelible ink.
f) All the other items, if any, should be packed into the Fifth packet (colored Blue)
4. Transportation And Storage of EVM And VVPAT As Per Their Categories:
3.3 After the sealing of EVM-VVPATs and the election papers the polling party moves to the receiving/collection centre of the Returning Officer for depositing the same. The Polling Agent may also see that these machines and papers are deposited properly in the designated centres for which they can travel in their own arrangement and will not be allowed to travel in the vehicle carrying the voting machines and election papers.
3.4 Transportation of EVM-VVPATS differ as per their category: It may be noted here that there are four categories of EVM-VVPATs like A, B,C and D depending on their requirement and purpose of use. Election Commission has prescribed strict Standard Operating Procedures for their transportation and storage.
3.4.1 Only the Category ‘A’ and ‘B’ that is the Polled and Polled
defective voting machines are to be stored in Strong Room meant for Polled
EVMs.
3.4.2 The category ‘C’ i.e. defective Un-Polled machines are stored in
the repair strong room.
3.4.3 The Category ‘D’ i.e. Unused Reserve EVM-VVPATs are stored in the
Reserve Strong Room which are not in the vicinity of the AC/AS Strong Room.
3.4.4 As such the Polling Agent should not confuse the Category- ‘C’ and
D’ with the Polled EVM-VVPATs.
5. Adjournment / Stoppage of Poll
3.5 Under section 57(1) of the Representation of People Act, 1951,
the Presiding Officer of a polling station is empowered to adjourn the poll on
account of-
3.6 The discretion given to the Presiding Officer to adjourn the
poll should be exercised most sparingly and only in cases when it has become
impossible to conduct the poll. In case of any adjournment of poll, the
Presiding Officer must immediately report the full facts to the Returning
Officer. Whenever a poll is adjourned, the Presiding Officer will announce
formally to all, who are present at the polling station, that the poll will be
taken on a day to be noticed subsequently by the Election Commission. Both the
Units of the Voting machines, VVPAT and all Election papers should be sealed
and secured in the presence of Polling Agents, as if the poll has come to a
close in the normal way.
6. Completion Of Adjourned Poll.
4.1 Where the poll has been adjourned at a polling station [under the provisions of sub- section (1) of Section 57 of the R. P. Act 1951,] the adjourned poll will recommence on the date and time fixed by the Election Commission from the stage at which it was left immediately before the adjournment, i.e. the electors, who have not already voted before the poll was adjourned, will alone be permitted to vote at the adjourned poll. The Returning Officer will provide the Presiding Officer of the polling station, where such adjourned poll is taken, with the sealed packets containing the same marked copy of the electoral roll and the register of voters in Form 17A, which were earlier used at that polling station, and a new voting machine and VVPAT.
4.2 Before the recommencement of the adjourned poll, the sealed
packet containing the marked copy of the electoral roll and the register of
voters should be reopened by Presiding Officer, in the presence of the
contesting candidates or their agents, who may be present at the polling
station, and this very same marked copy of the electoral roll and the register
of voters should be used for completion of adjourned poll.
7. Fresh Poll (RePoll)
4.3 Under Sections 58 and 58A of the Representation of the People
Act, 1951, the Election Commission has been given power to declare the poll at
a polling station to be void and direct a fresh poll, if at that polling
station -
4.4 If any such thing happens in the polling station, the Presiding
Officer will immediately reports full facts forthwith to the Returning Officer,
who , in turn, reports the matter to the Election Commission for its
directions.
8. Conduct Of Repoll.
4.5 After considering all material circumstances, if the Election
Commission directs fresh poll to be taken at a polling station, then such fresh
poll shall be taken up in the SAME MANNER AS THE ORIGINAL POLL. The Returning
Officer will give required suitable instructions accordingly to the Polling
Staff.
4.6 All electors entitled to vote at the polling station in question
will be entitled to vote again at the fresh poll. The marks of the indelible
ink made at the original poll should be ignored at the fresh poll. The
Commission has directed that the mark of the indelible ink, in case of a fresh
poll, should be put on the voter’s left hand middle finger to distinguish the
marks to be made at the fresh poll from those already made at the original
poll.
9. Corrupt Practices - Punishments
It is the primary duty &
responsibility of every Citizen to ensure a free & fair poll at every
single polling station. The Election Commission has taken several initiatives
to strengthen the election machinery for conduct of smooth & peaceful poll.
The Representation of the People Act, 1951, enumerates corrupt practices and
electoral offences and penal provisions as shown in Appendix XXV.
10. Liability Of Polling Agents For Misbehaving, Doing Wrong / Violations Of Rules / Sections of The Representation Of Peoples Act, 1951.
Polling Agents should not
misbehave with polling staff and voters and must not do any wrong acts which
violates Rules / Sections of the Representation of the People Act, 1951 or
other Acts. If they are found doing such acts, then they will be liable for
punishment of imprisonment or fine or both for the following acts :-
(i) Obstructing a public servant in discharging his official duties for which punishment of imprisonment for 3 months or fine or both under Section 186 of Indian Penal Code(IPC).
(ii) Threatening a public servant – Punishment of imprisonment for 2 years or fine or both under Section 189 of Indian Penal Code (IPC).
(iii) Assaulting a public servant – Punishment of imprisonment for 2 years or fine or both under Section 353 of Indian Penal Code (IPC).
(iv) Misbehaviour / Disorderly conduct in and near Polling Station- Punishment of imprisonment upto three months or fine or both under Section 131 and 132 of Representation of People Act, 1951.
(v) With Arms at and near a Polling Station - Punishment of imprisonment of upto two years or fine or both under section 134.B of Representation of People Act, 1951.
(vi) Bribery / undue influence – Punishment of imprisonment which may extend to six months or fine or both under Section 129 of the Representation of People Act, 1951.
(vii) Violation of secrecy of voting – Punishment of imprisonment which may extend to three months or fine or both under Section 128 of Representation of People Act, 1951.
A P P E N D I C E S
APPENDIX-I: Chapter-1 (Para 2.1) List of Do’s for Polling Agents
APPENDIX-II: Chapter-1 (Para 2.2) Don’ts for Polling Agents
APPENDIX-III: Chapter-1 (Para 2.3) Checklist for Polling Agents
APPENDIX-IV: Chapter-1 (Para 3.1)
APPENDIX-V: Chapter-2 (Para 3.2) Form 10 - Appointment of Polling Agent
APPENDIX-VI: Chapter-2 (Para 3.3) - Format for Specimen Signatures of Candidates and Their Election Agents
APPENDIX-VII: Chapter-2 (Para 3.5.1) - Form 11 - Revocation of Appointment of Polling Agent
APPENDIX-VIII: Chapter-3 (Para 2.2) - Polling Agents / Relieving Agents Movement Sheet
APPENDIX-IX: Chapter-3 (Para 10.3) - Part-I: Mock Poll Certificate of Presiding Officer’s Report
APPENDIX-X: Chapter-3 (Para 12.4) - Part-IV: of presiding officer’s report - EVM/VVPAT replacement (to be filled during mock poll, if there is any replacement)
APPENDIX-XI: Chapter-4 (Para 4.1) - Part-I- Declaration by the Presiding Officer Before Commencement of Poll
APPENDIX-XII: Chapter-4 (Para 10.1.6) - Presiding Officer’s Report Part-V: EVM/VVPAT Replacement
CAPPENDIX-XIII: Chapter-4 (Para 10.1.8) - Presiding Officer’s Report
Part-II: Power Pack Replacement in CU
APPENDIX-XIV: Chapter-4 (Para 13.1.1) Form of Declaration by Elector
APPENDIX-XV: Chapter-4 (Para 13.2.3 (iii)) - Form Of Declaration By Elector Whose Name Is In Absentee / Shifted / Dead List
APPENDIX-XVI: Chapter-4 (Para 16) - Receipt Form For Challenged Votes Receipt Book
APPENDIX-XVII: Chapter-1(Para 17.1) - Form 14 - List Of Challenged Votes
APPENDIX-XVIII: Chapter-4 (Para 17.3) - Letter of Complaint to the SHO Police
APPENDIX-XIX: Chapter-4 (Para 20.3) - Declaration by the Companion of Blind or Infirm Elector
APPENDIX-XXI: Chapter-5 (Para 1.2) - Part-III: Of Presiding Officer’s Report (Pressing Of Close Button After Completion Of Poll)
APPENDIX - XXII: Chapter-5 (Para 2.2) - (See Rules 49s And 56 C(2)) Part I - Account of Votes Recorded
APPENDIX - XXIII: Chapter-5 (Para 2.2) - Declaration at the End of Poll
APPENDIX-XXIV: Chapter-5 (Para 3.1.4) - Declaration After the Sealing of The Voting Machine
APPENDIX-XXV: Chapter-5 (Para 9) - Corrupt Practices (Punishments)
Section 123(1) - Bribery, any gift, offer or promise by a
candidate or his agent or by any other person with the consent of a candidate
or his election agent of any gratification to an elector to vote or refrain
from voting at an election, or as a reward.
Section 123(2) - Undue influence, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person [with the consent of the candidate or his election agent], with the free exercise of any electoral right.
Section 123(3) Appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols.
Section 123(3) (A) The promotion of, or attempt to promote, feelings of enmity or hat red between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Section 123(4) Publication by a candidate or his agent or by any other person [with the consent of a candidate or his election agent],of any statement of fact which is false, and which he either believes to be false, or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, of any candidate.
Section 123(5) Hiring or procuring of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent.
Section 123(7) : The obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his agent or, by any other person [with the consent of a candidate or his election agent] any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate’s election, from any person in the service of the government and belonging to certain classes.
Section 123(8) : Booth capturing by a candidate or his agent or other person.
Section 125 Promoting Enmity between classes in connection with election on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India.
On violation, imprisonment for a
term which may extend to three years, or with fine, or with both.
Section 128 Maintenance of Secrecy of Voting -
Officers connected with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.
On violation, imprisonment for a term which may extend to three months or with fine or with both.
Section 130 Prohibition of Canvassing in or near Polling
Stations -
No canvassing for votes or soliciting the vote of any elector, persuading any elector to vote or not to vote, exhibit any notice or sign within the polling station or in any public or private place within a distance of (one hundred meters)of the polling station.
On violation, punishable with fine which may extend to two hundred and fifty rupees.
Section 131 Penalty for disorderly conduct in or near polling stations like amplifying human voice, use loudspeaker, shout cause annoyance to any person visiting polling stations-
On violation, imprisonment which may extend to 3 months or with fine or with both.
If the presiding officer has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and there upon the police officer shall arrest him
Section 132 Penalty form is conduct at the polling station
Any person who misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.
If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
Section 132(A) Penalty for failure to observe to procedure for voting-If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.
Section 133 Penalty for illegal hiring or procuring of conveyances at elections -
If any person is guilty of any such corrupt practice as is specified in clause (5) of section123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.
Section 134 A : Penalty for Government Servants for acting as Election Agent, Polling Agent or Counting Agent- imprisonment for a term which may extend to three months, or with fine, or with both.
Section 134 (B) Prohibition of going armed to or near a
polling station-
No person, other than Election officers appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go extend with arms, as defined in the Arms Act,1959,of any kind with in the 54 of 1959. Neighborhood of a polling station.
On violation, imprisonment for a term which may extend to two years or with fine, or with both.
Section 135 Removal of ballot papers from polling station
to be an offence-
On violation, imprisonment for at erm which may extend to one year or with fine which may extend to five hundred rupees or with both.
If the presiding officer of a polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer.
Section 135 A Offence of booth capturing-
On violation, imprisonment for at erm which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.
Section 135 C Liquor not to be sold, given or
distributed on polling day-
No spirituous, fermented or
intoxicating liquors or other substances of a like nature shall be sold, given
or distributed at a hotel, catering house, tavern, shop or any other place,
public or private, within a polling area during the period of forty-eight hours
ending with the hour fixed for the conclusion of the poll for any election in
that polling area.
On violation, imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.
Section 136 (c) A person shall be guilty of an electoral offence if at any election he fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any Ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot.
Indian Penal Code
Section 153 A Promoting enmity between different groups on grounds of religion race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Section 153 B Imputations, assertions prejudicial national integration
Section 171 B Bribery
Section 171 C Undue influence at Elections
Section 171 D Personation at Elections
Section 171 E Punishment for Bribery
Section 171 F Punishment for undue influence or
personation at a Election
Section 505 Statements conducing to public mischief.- Who ever makes, publishes or circulates any statement, rumour or report.
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