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Presentation for
District Election Officers
&
Returning Officers
for
Gujarat & Himachal Pradesh
Assembly Elections
26th September, 2012
1
NOMINATION
PROCESS
2
Notification of General Election to a
State Legislative Assembly
(Sec. 15 of R.P.Act, 1951)
 The Governor shall by one or more
notifications call upon all Assembly
Constituencies in the State to elect
members on the date or dates
recommended
by
the
Election
Commission.
3
Notification of dates for Nominations etc.
(Section 30 of R.P.Act, 1951)
 As soon as the Notification under section 15 is
issued, the Commission shall by Notification in
the official Gazette, appoint
a) the last date for making nominations
b) the date for scrutiny
c) last date for the withdrawal of candidatures.
d) the date or dates on which poll shall, if
necessary, be taken
e) the date before which the election shall be
completed.
4
District Election Officers, Returning Officer, Presiding
Officers etc. deemed to be on Deputation to Election
Commission
(See 13 cc of R.P.Act, 1950 and Sec. 28A of R.P.Act, 1951)
 District Election Officer, Returning Officer,
Assistant Returning Officer, Presiding Officer,
Polling Officer and any police officer designated
for the time being by the State Government , for
the conduct of any election shall be deemed to
be on deputation to the Election Commission for
the period commencing on and from the date of
the notification calling for such election and
ending with the date of declaration of the results
of such election.
5
Returning Officer, Presiding Officers etc. deemed to be Deputation to Election
Commission (Sec. 28A of R.P.Act, 1951) .....
 Such Officers shall, during the period, be
subject to the control, superintendence
and
discipline
of
the
Election
Commission.
6
Nominations

Public Notice (Sec. 31 of RP Act 1951 and R. 3 of CE
Rules 61) —
i.
Public Notice in Form-1 – to be published on the day
of notification of election (u/s 15 and 30) specifying
the name of ARO who will also receive the nomination
paper, place & date of time of receiving the some.
In English and in the language used for the official
purpose of the State.
To be published on the notice boards of RO,
Panchayat Samiti and Tehsil, PSs etc.
Normally one ARO should be specified in Form-1 who
will also receive nominations, and he should, as far as
possible, be the one stationed at RO's headquarters.
ii.
iii.
iv.
7
………Nominations

Presentation
of
Nomination
Paper
(Sec.32.33,33A of RP Act, 1951 and R.4, 4A of CE Rules,
1961; Ch-V of RO Hand Book-2012, ECI's letter, dated
3/4/2012 and 24.8.2012) -
(i)
(ii)
(iii)
(iv)
Nomination paper must be in Form 2-B.
May be presented on the day of public notice
or any of the seven days following that day
unless any of these days is a public holiday.
Every holiday for Government offices is not to
be treated as 'public holiday', unless that is
declared under N.I. Act, 1881 as 'public
holiday'.
ARO should sign as "Assistant Returning
Officer" and not "for Returning Officer".
8
………Nominations
……….Presentations of Nominations Papers
(v)
Copies of ECI's letter dt. 24.8.2012 and
revised format of Form 26 be supplied to
the intending candidates as and when they
are supplied form of nomination paper.
(vi) Either RO or ARO must be present for
receiving nominations but on the last day of
nomination the RO himself (not ARO alone)
should be present.
(vii) Nomination papers shall be presented by
candidate personally or by proposer at
the place specified and at no other place.
9
………Nominations
……….Presentations of Nominations Papers
(viii) Time of presentation - between 11:00 A.M.
and
3:00 P.M. If some intending candidates
or proposers
are physically present in the office at 3:00 P.M. their
nominations should be treated as presented at 3:00
P.M.
(ix) A maximum of 4 nomination papers of
candidate
be accepted.
(x) No candidate can be nominated from more
than two Assembly constituencies.
(xi) Under Section 20A of the RP Act, 1950, overseas
electors can contest elections, subject to the fulfillment
of the other requirements of the law.
(xii) The RO shall display one copy of the affidavit
accompanying the nomination on the notice board
of his office.
10
………Nominations
……….Presentations of Nominations Papers
(xiii)
If anyone contradicts any information in the nomination
paper or affidavit by means of a duly sworn affidavit,
copies of such papers should also be displayed on the
notice board.
(xiv) In nomination paper and affidavit, no column should be
left blank.
(xv) Only 4 persons can enter in the office of RO other than
the candidate.
(xvi) During filing of nominations maximum 3 vehicles to be
allowed to come within periphery of 100 meters of
RO/ARO's office.
(xvii) A police officer not below the rank of a Dy.SP should be
appointed as a nodal officer to ensure strict adherence of
the above.
11
………Nominations
 Preliminary
examination
of
nomination papers (Sec.33(4) of RP Act,
1951, Ch-V of RO Hand book-2012) –
i. Nomination paper should be examined
then and there by RO/ARO from
technical point of view, however no
formal scrutiny be made at this stage.
ii. Entries in electoral rolls should be
compared.
12
………Nominations
……….Presentations of Nominations Papers
iii. Where a candidate is an elector from
another AC and does not produce copy of
roll or the relevant part or a certified extract
of electoral roll, indicate that fact, in the
Checklist (as per ECI circular dt. 10.2.09) Certified extract of electoral roll can be filed
up to the time of scrutiny.
13
………Nominations
……….Presentations of Nominations Papers
Checklist
regarding
documents/requirement
(ECI No.576/ 3/2009/SDR dt. 10.2.09)
 A checklist of documents required to be filed and other
requirements to be fulfilled by candidates at the time
of filing of nominations should be maintained.
 The checklist should be in duplicate, in respect of
each candidate.
 Both the copies of above checklist with all
requirements indicated therein shall be signed by
RO/ARO as well as the candidate.
 The duplicate copy of the checklist shall be handed
over to candidate/proposer and original copy to be
retained by RO/ARO.
14
………Nominations
……….Presentations of Nominations Papers
 No separate notice/memo is required to be
given to candidates in respect of the items
mentioned in the checklist.
 If and when a document is filed
subsequent to filing of nomination, give a
receipt mentioning therein the date and
time - This should also be indicated in the
original copy of checklist retained by RO.
15
………Nominations
……….Presentations of Nominations Papers
Proforma of Checklist is given in the ECI
circular No. 576/3/2009/SDR dt. 10.2.09 The items of Checklist are: —
 Affidavit in revised format of Form 26 (whether
filed)
 Certified extract of electoral roll (when candidate
is an elector of different PC) (Whether filed).
 Copy of caste certificate (if candidate claims to
belong SC/ST) (whether filed)
 Security deposit (whether made)
 Oath/affirmation (whether taken only after his
nomination paper has been delivered).
16
………Nominations
………..Preliminary examination of nomination papers
 Proposer
(Sec.33 of RP Act, 1951; Ch. V of R.O.
Handbook-2012)–
(i) Any proposer can present nomination
paper duly signed by candidate.
(ii) One proposer - in case of a candidate
set up by a National recognized party or
State recognized party in the State. In
case of other candidates ten proposers.
17
………Nominations
……….Proposer
(iii) If a State party recognised in other State (but
not recognised in this state) is granted
concession for using its reserved symbol, the
nomination of that candidate will also be
required to be prescribed by ten proposers.
(iv) Proposer should be an elector from the same
constituency.
(v) Proposer can propose more than one
nomination papers of the same candidate or
different candidates.
18
………Nominations

Acknowledgement of nomination papers (Sec. 33 and
35 of RP Act, 51; Ch-V of RO Hand book-2012) –
i. Give serial number on each nomination paper
and enter the date and time also.
ii. Nomination papers in bunch may be assigned
serial numbers in the order in which they are
dealt with.
iii. Acknowledgement duly filled up be given for each
nomination paper.
iv. Each nomination paper be entered by RO and
ARO in one and same register.
v. Give notice indicating the time, place and date of
scrutiny and allotment of symbols
vi. Duplicate copy of Checklist duly filled up (as per
ECI circular dt. 10.2.09) should also be given.
19
………Nominations

Oath or affirmation
(Art. 173 of the Constitution; Para 5.47 of
–
i. Oath or affirmation in prescribed form (Annex. XII of
RO Hand book) is must.
ii. The oath/affirmation by candidate only after his
nomination and before the date of scrutiny. It can
not be made / subscribed on the day of scrutiny.
iii. Advise the candidate to make the oath/ affirmation
immediately after presenting nomination papers - If
he does not make it, mention that fact in the
Checklist as mentioned above.
Ch. V of RO Hand book-2012)
20
………Nominations
……….Oath or affirmation
iv. RO, AROs and certain other persons
(superintendent of the prison or commandant,
medical superintendent, diplomatic or consular)
are authorized to administer oath or affirmation.
v. Not necessary to make oath/ affirmation
more than once if a candidate is nominated
from more than one constituency.
vi. After making oath/ affirmation a certificate, in
this regard, will be given to the candidate.
21
………Nominations
Furnishing of Affidavit
revised format of Form 26 –
ECI letter dated 24-8-2012 and
(i) Every candidate at the time of filing his nomination
paper, shall furnish an affidavit as per ECI letter
dated 24-8-2012 and revised format of Form 26
and shall give full and complete information.
(ii) The affidavits should be duly sworn before a
magistrate of Ist Class or a Notary or an Oath
Commissioner appointed by the High Court - No
column in any affidavit should be left blank.
22
………Nominations
………...Furnishing of two Affidavits
(iii) If the affidavit is not filed along with nomination
paper, this fact may be indicated in the Checklist
(as per ECI's circular dt. 10.2.09). The affidavit can
be filed separately by 3:00 PM of the last day of
nominations.
23
………Nominations
Memo-forms etc. to be given to
Candidates at the time of the filing of
Nominations
i.
ii.
A written memo inviting attention towards legal
provisions.
A register duly numbered and authenticated by
DEO along with form of abstract and affidavit
regarding maintenance of daily accounts of
election expenses- Acknowledgement (as given in
model form) should be sent to DEO within one week
from last date of withdrawal (See Para 5.89 of Ch. V of RO
Handbook-2012)
24
………Nominations
iii. Memo for inviting attention towards
provisions relating to printing of posters
etc. and instructions of Commission (Sec.
127A of RP Act, 1951 and Commission's order dated
2.9.94; and P. 5.101 of Ch-V of RO Hand Book-2012)
iv. Various instructions of ECI
v. Duplicate copy of Checklist, (as per ECI circular
dt. 10.02.2009
25
………Nominations

Notice of nominations (Sec.35 of RP Act, 1951
and R. 7 of CE Rules, 1961) -
i.
ii.
iii.
After 3.00 PM on each day a notice of the
nomination papers presented on that day in
Form 3-A published on your notice boardARO should also do the same in respect of
the nomination papers presented before him.
In case more than one nomination papers by
a candidate, notice must be given for all of
them.
Daily intimation to CEO and DEO.
26
………Nominations

Security Deposits
(Sec.34, 55 of RP Act, 1951 and P.-5.69 of
i. A receipt of the deposit should be attached with
the first nomination paper - If not, indicate this fact
in the Checklist (as per ECI's circular dt. 10.2.09)
ii. Sum may be deposited in cash with RO or in RBI
or a Govt. Treasury under prescribed head.
iii. Security deposit should be made either before the
filing of nomination paper or at the time of filing of
nominations.
iv. One deposit sufficient for each constituency.
Ch-V of RO Hand Book-2012)
27
………Nominations
........Security Deposits
v. Separate deposit for different constituency.
vi. Security deposit required for a candidate of
general category is Rs. 10000/- and in respect
of SC/ST candidate only half of the amount,
i.e. Rs. 5000/- even in a general seat - RO
must satisfy himself that he is a member of
SC/ST.
28
………Nominations
 Consolidated list of nominated candidates (P. 5.80
Ch- V of RO Hand book-2012) –
i. Immediately after 3 PM on the last date of nominations a
complete list of all nomination papers, may be prepared.
ii. The names of candidates may be arranged under 3
categories (i.e. 1. National or State Party; 2. Registered
Unrecognized Party; and 3. Independent) and such
names shall be arranged in alphabetical order in
language as directed by the Commission.
iii. Form of the list is given at Chapter V of RO Hand Book2012.
29
………Nominations
……..Consolidated list of nominated candidates
iv. Name of a candidate to be mentioned once
only.
v. Symbols chosen in the first nomination paper
be indicated.
vi. In the case of a candidate set up by a
Recognised party the reserved symbol may be
shown.
vii. Even if more than one candidate has claimed
to be set up by the same party, the names of
all such candidates may be included in
relevant category.
30
………Nominations
……..Consolidated list of nominated candidates
viii. Complete address of each candidate must
be shown.
ix. Send one copy of the list on the same day
to- (i) CEO (ii) Concerned Printing Pressallotted (iii) Commission
31
………Nominations

i.
ii.
Safe custody of nomination papers Nomination papers along with connected
papers shall be kept in safe custody of RO., till
transmission to DEO's safe custody after
election.
ARO should forward to RO for safe custody all
the nomination papers received by him, if any,
on daily basis.
32
………Nominations

i.
Materials to be kept with RO Up-dated list of political parties and reserve
and free symbols and their Facsimiles.
ii. Up-dated authenticated set of electoral roll of
the AC.
iii. Statutory forms iv. Other forms memos, circulars etc., which shall
be given to candidates at the time of
nominations - Illustrative list is as under: -
33
………Nominations
………Materials to be kept with RO
(a) Proforma of checklist (as per ECI circular dt.
10.2.09).
(b) Memo-form
regarding
provisions
of
maintenance of election expenses and its
acknowledgement form.
(c) Registers duly authenticated and numbered,
regarding maintenance of election expenses
(including form of affidavit)
(d) Sufficient copies of Commission's orders (to
be given to candidates) (such orders should
be compiled in advance)
34
………Nominations
………Materials to be kept with RO
v. Register to enter nomination papers.
vi. Form of consolidated list of nominated
candidates –Chapter V of RO Hand Book2012.
vii. RO's seal (brass and rubber both)
viii. Cashier with cash receipt book to receive
security deposits.
ix. List of disqualified persons, u/s 8A and 10-A of
RP Act, 1951.
35
………Nominations

i.
ii.

Receiving Form-A and Form B (Para 13 and 13A of Election
Symbols (Reservation & Allotment) Order, 1968) Form A and Form B delivered to RO shall be accepted only up to
3.00 PM on last date of nominations.
Forms signed in ink only, be accepted. Facsimile signatures or
signatures by means of rubber stamp or forms transmitted by fax
or e-mail shall not be accepted.
Substitution of candidate by political party (Para 13A of Symbol
Order, 1968) If a political party submits Form B in respect of more than
one candidate and does not indicate that earlier notice has been
rescinded, then Form 'B' in respect of the candidate whose
nomination paper was first delivered, shall be accepted as
candidate set up by that party.
36
• A candidate deemed to be set up by a political party if.
(a) He has made a declaration in the nomination paper.
(b)The said notice is signed by the President/Secretary or
any other office bearer authorised by the party.
(c) The name & specimen signature of such authorised
person are communicated to RO & CEO in Form A not
later than 3.00pm on the last date of making nomination.
(d) The authorised person/President/Secretary will
nominate a candidate of the party in Form B which
should reach the RO not later than 3.00pm of the last
date of making nomination.
(e) Fax copy or copy by e-mail and facsimile signature are
not acceptable.
37
………Nominations

Display of information submitted by the candidates
regarding affidavit (Sec. 33-A of RP Act 1951, ECI letter No.
3/4/2012/SDR dated 24.8.2012 and para 5.65 Chapter V of R.O. Hand book2012) -
i.
ii.
iii.
iv.
A copy of nomination paper, revised affidavit (Form 26) to
be displayed at a conspicuous place at the office of RO on
the same day. Copies to be given freely to electronic
media/press, NGO and any other person.
Scanning and uploading of the affidavits on the website of
CEO state immediately and not later than 24 hours of
nomination is received.
Affidavits of all candidates shall be displayed on the notice
board (s) within 24 hrs of filing of the same.
Information to the contrary, by means of counter affidavits,
shall also to be displayed.
38
………Nominations
……Display of information submitted by the candidates regarding affidavits
iv. A copy of affidavit should be sent to DEO at
the earliest, who will consolidate all such
affidavits and make available their copy to any
applicant on nominal payment of copying
charges.
v. Constituency-wise consolidated information
furnished by candidates on "Govt. Dues" in
affidavit should be published by RO in a format
in two local news papers within two days after
the list of contesting candidates. (Chapter V of RO
Hand book-2012 and ECI No. 3/ER/2004/JS-II dt. 9.3.2004).
39
Scrutiny of nomination papers

•
•
Scrutiny by RO himself (Sec.22 (2) of RP Act,
51 P. 1 Ch-VI of RO Hand Book-2012) Scrutiny of nomination papers has to be done
by RO himself except when he is unavoidably
prevented from performing the said function.
In that case RO should record reasons and
authorize ARO in writing.
Whole process of filing of nominations and
scrutiny of nomination papers should be
videographed in all cases.
40
………Scrutiny of nomination papers

•
•
Entry into place fixed for scrutiny (Sec. 36 (1)
of RP Act, 51 P.-2 Ch. VI of RO Hand Book-2012) On the date and hours fixed for scrutiny, only
following persons should be allowed(a) candidate himself
(b) his election agent
(c) one proposer for each candidate, and
(d) one another person duly authorised by
candidate in writing.
Reasonable facilities for examining the
nomination papers be given to the persons.
41
………Scrutiny of nomination papers

Scrutiny (Sec.33, 36 of RP Act and R.4 of CE
Rules, 1961; Ch-VI of RO Hand Book-2012) i. Scrutiny is a quasi-judicial function.
ii. All nomination papers are to be scrutinized.
iii. Reason to be recorded in case of any
rejection of nomination paper or of an
objection.
iv. Crucial
date
for
qualifications
and
disqualification is the date fixed for scrutiny.
v. Be liberal in overlooking minor technical or
clerical errors.
vi. No-rejection on the ground of any defect
which is not of a substantial nature.
42
………Scrutiny of nomination papers
……..Scrutiny
vii. Where a recognised party has sponsored a candidate
as main candidate and another one as substitute
candidate, take nomination papers of main candidate
first in scrutiny. If the nomination paper of main
candidate is found valid, the substitute candidate shall
not be deemed to have been set up by that party.
However, substitute candidate shall be treated as
independent in case he has been proposed by 10
proposers.
viii. Where a candidate had not made a declaration in his
nomination paper that he had been set up by a political
party, he shall not be deemed to have been set up by
that party.
ix. Inaccurate description, clerical, technical or printing
error in the electoral roll or in the nomination paper
shall be overlooked [Proviso of Sec. 33 (4)]
43
………Scrutiny of nomination papers
……..Scrutiny
x.
Question of genuine caste certificate - RO
should satisfy himself that candidate from a
reserved constituency belongs to SC or ST. In
case of doubt, the RO must insist on
production of SC/ST certificate - Wherever
certificate produced is also challenged, RO
need not go into question, except where it is
alleged that the certificate is forged. In case of
any
allegation/suspicion
about
the
genuineness of the certificate, RO should get
the position cross checked with the authority
which issued the certificate (ECI's No.
4/3/2008/JS-II/Vol.III dt. 2.7.2008).
44
………Scrutiny of nomination papers

Grounds for rejection
(P. 10 of Ch-VI of RO Hand
(i) Reject nomination paper if the(a) Candidate is not qualified, or
(b) Candidate is clearly disqualified, or
(c) Candidate has failed to comply with any
provisions of Section 33, 33A and 34 of RP
Act, 1951.
(d) Signature of candidate or proposer is not
genuine.
(e) Non furnishing of affidavit
book-2012 & Sec.36 of RP Act, 51)
45
………Scrutiny of nomination papers
………Grounds for rejection
(ii) For Qualifications see provisions of (a) Article-173 of the Constitution,
(b) Section 5 of RP Act, 1951,
(c) Section 55 of RP Act, 1951,
(iii) For Disqualifications, see provisions of(a) Article-191 of the Constitution.
(b) Section 8, 8A, 9, 9A, 10, 10A of RP Act, 1951.
(c) Section 16 of RP Act, 1950 read with section
36 (7) of RP Act, 1951.
(d) State Legislature (Removal of Disqualifications)
Act.
46
………Scrutiny of nomination papers
………Grounds for rejection
(iv) Record reasons for rejecting a nomination
paper on the spot and supply certified copies
of the order, free of cost, in case where all the
nomination papers of candidate have been
rejected. This may be done even in the
absence of an application by the candidate.
47
………Scrutiny of nomination papers
 Qualifications Must be a citizen of India (Art. 173(a))
 Must be an elector for any Assembly
Constituency in the State. (Sec. 5)
 In case of a seat reserved for SC, must be a
member of SC in the State. (Sec. 5(a))
 In case of a seat reserved for ST, must be a
member of ST in State. (Sec. 5(a))
48
………Scrutiny of nomination papers
........Qualifications
 Must make and subscribe before
authorised person an oath or affirmation in
the form set out in Third Schedule. (Art. 173
(a))
 On the date fixed for scrutiny of
nominations, minimum age must be 25
years. (Sec. 36 (2)(a) and Art. 173 (b))
 A member of SC or ST is eligible also for a
seat not reserved for SC or ST. (Sec. 55)
49
………Scrutiny of nomination papers
Disqualifications under Constitution —
 If a person holds any office of profit under the
Govt. of India or any State Government Exceptions - Ministers of Central Government or
State Government (Art. 191(a)) - Other exceptions
are mentioned in State Legislature (Removal of
Disqualifications) Act.
 If a person is of unsound mind, so declared by a
competent court (Art. 191 (b))
 If a person is an un-discharged insolvent [Art. 191
(1) (c)]
50
………Scrutiny of nomination papers
.......Disqualifications under constitution
 If a person is not a citizen of India, or has
voluntarily acquired the citizenship of a
foreign
State
or
is
under
any
acknowledgment
of
allegiance
or
adherence to a foreign State. [Art. 191 (1) (d)]
51
………Scrutiny of nomination papers
Disqualification under R.P.Act 1951
Disqualification on ground of conviction for
certain offences (Sec.8 of RP Act, 1951, ECI No. 509/5/2005
JS-I dt. 14.1.05 and dt. 20.1.2005) (i)
Disqualification commences from date of
conviction, and shall continue: —
(a) in case of only fine for a period of six
years, and
(b) in case of imprisonment till further period
of six years since his release.
52
………Scrutiny of nomination papers
……..ground of conviction
(ii) Offences and period of imprisonment for
disqualification (a)
For offences mentioned u/s 8(1) - Any
penalty or any period of imprisonment.
(b)
For offences mentioned u/s 8(2) Imprisonment for minimum 6 months.
(c)
For any other offences (Sec 8(3)) minimum
imprisonment of 2 years.
(iii) In case of conviction for more than one offence in a
common trial and with the sentences of
imprisonment to run consecutively, for the
purposes of Sec. 8(3), the period of sentence of
imprisonment for each offence should be added and
if the total length of time is two years or more, the
convicted person shall be disqualified u/s 8(3) of RP
Act, 1951.
53
………Scrutiny of nomination papers
……..ground of conviction
(iv) The above interpretation would be equally applicable to
the provisions of Sec. 8(2).
(v) Disqualification under sub section 1,2,3 shall not, in the
case of sitting MP/MLA on the date of conviction, take
effect until three months have lapsed from that date or
if within that period an appeal or revision is filed in
respect of the conviction or the sentence, until the
appeal or revision is disposed of by the court.
(v) Protection u/s 8(4) would be available to a sitting
MP/MLA only for the membership of the current house,
and not for future election.
54
………Scrutiny of nomination papers
Disqualification on ground of corrupt practice
(Sec. 8 A) • On being found guilty of a corrupt practice by an order in
election petition or in election appeal-Period of
disqualification up to six years, as determined by the
President after obtaining opinion of ECI.
Disqualification for dismissal for corruption or
disloyalty (Sec. 9) • Period of disqualification five years from the date of
dismissal- ECI may issue a certificate, if applied for on the
ground that dismissal not on ground of corruption or
disloyalty [See Sec. 33(3) also]
55
………Scrutiny of nomination papers
Disqualification for Government contracts etc
[Sec. 9A] • If there subsists a contract with the State
Government for supply of goods or for execution
of any works - However the contract shall be
deemed not to subsist, where the contract has
been fully performed by the person and
Government has not performed its part.
56
………Scrutiny of nomination papers
Disqualification for office under Government
Company [Sec. 10] • A managing agent, manager or secretary of any
company or corporation (other than cooperative
society) in which the State Government has 25%
or more share.
57
………Scrutiny of nomination papers
• Disqualification for failure to lodge account
of election expenses (Sec. 10A) Disqualification for three years from the date of
order of ECI.
• ECI, may remove any disqualification under Sec.
8, 9, 9A, 10 and 10 A or reduce the period of any
such disqualification (Sec. 11)
58
………Scrutiny of nomination papers
List of disqualified persons
• For the purpose of Sec. 8 A, and 10 A
please refer the latest list of disqualified
persons issued by ECI.
59
………Scrutiny of nomination papers
Adjournment of Scrutiny
Adjournment of proceedings/hearing of
objections (Sec .36 (5) of R.P Act, 1951 and P. 11 of Ch. VI
of RO Hand Book-2012) - only in the circumstances
laid down in section 36(5) - Not beyond 11.00
AM of next day but one following the date
fixed for scrutiny, in any particular case.
60
………Scrutiny of nomination papers

List of validly nominated candidates
(Sec. 36
(8) of RP Act, 1951 and R.8, 22(3), 30(3) of CE Rules, 1961 and
List shall be prepared in Form 4 and affixed on
notice board. Names shall be classified into
three categories i.e.
(i) Candidates of Recognised National/State
Political Parties in the State.
(ii) Candidates of registered unrecognized
political parties.
(iii) Other (Independent) candidates.
P. 12, 13 and 14 of Ch. VI of RO Hand Book-2012)
•
61
………Scrutiny of nomination papers
•
•
•
………List of validly nominated candidates
Names to be arranged in alphabetical order in
languages as specified by the Commission in each
category- first letter of the name as given in
nomination paper, shall be considered, irrespective of
whether the name or surname. However, initials (viz T.K., Reddy) prefixed to the name should be ignored
for this purpose. In case, if two candidates in the same
category have the same name but different initial, the
two names shall be arranged inter se with reference to
the first letter of the initials.
Prefixing or suffixing honorific titles to names are
permitted, but these prefixes are not taken into
account in the determination of the alphabetical
arrangements of names.
62
Only one entry for a candidate.
………Scrutiny of nomination papers
………List of validly nominated candidates
• Corrections in the names of candidates – ( Ch.
VI of RO Hand Book-2012) - Spelling of the name may
be corrected or alteration in the name may be
made on application either at the time of
nomination or immediately after the scrutiny or at
the time of allotment of symbols, and before the
preparation of list of contesting candidates.
Send: (i)
Two copies along with English translation to
CEO by E-mail and Fax.
(ii) One copy along with English translation to
Commission.
(iii) One copy to Govt. Press allotted.
63
………Scrutiny of nomination papers
 Substitute Candidates (Sec. 33 and 36 of RP
Act, 1951; Ch.VIII of RO Hand Book-2012) (i)
The nomination paper of substitute candidate
will be rejected if the nomination paper of
main candidate of party is accepted.
However if such substitute candidate has
also filed nomination paper subscribed by
ten proposers, then this nomination paper
will be scrutinized independently by treating
him as an independent candidate.
64
………Scrutiny of nomination papers
……..Substitute Candidates
(ii) Where the nomination paper of the main
approved candidate is rejected, the
substitute candidate will be treated as main
candidate of the party and his nomination
paper will be scrutinized accordingly.
(iii) Where the main candidate withdraws and the
substitute candidate still in the field as
independent
candidate, such substitute
candidate will become main candidate of party.
65
………Scrutiny of nomination papers

Candidates claiming to be set up by a
recognised party - If a candidate files a
nomination with both Part-I and Part-II thereof
filled, and he fails to bring Form A and B, the
nomination paper may be accepted as
independent candidate, if Part-II is properly
filled up and subscribed by ten proposers.
66
Case Studies for ROs regarding scrutiny of
nominations
Case of wrongful acceptance of nomination at bye-election to the
Jammu & Kashmir Legislative Assembly from Hazratbal Assembly
Constituency in 2009.
 At the above bye-election, one of the candidates claiming to have
been setup by a recognized State political party submitted Form-B
from the party. In that Form-B, all details with regard to name and
other particulars of the candidate were left blank. This was a defect
of substantial character in Form-B and yet the Returning Officer
accepted the nomination paper. On being asked to review his order,
the Returning Officer took a specious plea that the Election Symbols
(Reservation and Allotment) Order, 1968, did not apply to elections
to J&K Legislative Assembly, despite the Chief Electoral Officer
bringing to his notice that the said Symbol Order had been made
applicable to J&K specifically by a notification of the Election
Commission under section 138 of the Jammu & Kashmir
Constitution (which is akin to Article 324 of the Constitution of India).
67
Case of wrongful acceptance of nomination at bye-election
to the Jammu & Kashmir Legislative Assembly from
Hazratbal Assembly Constituency in 2009.
• The Commission had perforce to cancel the byeelection, as it could not allow a totally vitiated election to
continue. The Returning Officer was also placed under
suspension and disciplinary proceeding were initiated
against him for his partial conduct as the candidate in
question was a candidate of the ruling party in the State
Government.
68
Wrongful acceptance of nomination paper of under-aged
candidate at election to the Madhya Pradesh Legislative
Assembly in 2008.
 At the above election, one of the candidates had declared his age as
24 years in his nomination paper as well as in his affidavits filed
alongwith his nomination paper. Yet, the Returning Officer accepted
his nomination paper on the ground that nobody raised objection in
regard to nomination. The acceptance of the nomination paper was
palpably wrong inasmuch as the Constitution (Article 173) provides
that the candidate must be of the age of 25 years and the law
authorizes the Returning Officer to raise suo motu objection if he
finds that a candidate is not qualified or is disqualified for contesting
election. The Returning Officer, however, subsequently rejected his
nomination, when asked by the Commission to have a relook into
the matter.
69
Wrongful rejection of nomination paper of a candidate at
his back, having accepted it in the candidate’s presence, at
election to the Uttarakhand Legislative Assembly from
Kotdwar Assembly Constituency in 2002.
• The Returning Officer at the above election accepted the nomination
paper of a candidate at the time of scrutiny and wrote the word
‘*Lohdkj*’ on his nomination paper. Subsequently, in the absence of
that candidate, the RO added the letter *v* before the word ‘‘*Lohdkj*’ to
read it as ‘*vLohdkj*’ and thereby rejected his nomination and the
candidate concerned was not allowed to contest election. The
Supreme Court, in election appeal, and after examining the report of
the forensic lab held that the RO had wrongly rejected the
nomination paper by making unauthorized alteration in his order.
The result was that the election of the returned candidate was set
aside and the Commission had to hold a bye- election at
considerable expense to the State exchequer as well as to the
political parties and candidates.
70
Wrong rejection of nomination paper of candidate at
General Election to Himachal Pradesh Legislative
Assembly from 14-Solan Assembly Constituency in 1998.
• At the above election, two candidates claimed to have been set up
by a registered political party (which was a recognized State party in
another State). Both the candidates had filed their nomination
papers proposed by ten proposers each. After accepting one of the
nomination papers of one of the candidates in whose favour the
party had submitted Forms A and B, the Returning Officer rejected
the nomination of the second candidate on the erroneous
assumption that a party can set up only one candidate and the
nomination of the other candidate could not be accepted. The
Returning Officer was obviously in the wrong as, in this case, the
second candidate should have been treated as independent
candidate as his nomination paper was validly subscribed by ten
proposers.
71
Wrong rejection of nomination paper of candidate at General Election
to Himachal Pradesh Legislative Assembly from 14-Solan Assembly
Constituency in 1998.
• On election petition being filed after the election, the election of the
returned candidate was declared void by the High Court, though
there was absolutely no fault on the part of the returned candidate
and she had to suffer on account of the Returning Officer’s mistake.
The Supreme Court also could not grant any relief to the returned
candidate who was unseated by the High Court.
72
Withdrawal of Candidature
 Notice for withdrawal of candidature
(Sec.37, of
RP Act, 1951 and R. 9 of CE Rules, 1961 and Ch. VII of RO Hand book-
(i) Candidate may withdraw his candidature by a
notice in Form 5.
(ii) Form 5 duly signed by candidate shall be
delivered by (i) candidate in person, or (ii) his
proposer, or (iii) his election agent. The
proposer or election agent must be authorised
by the candidate in writing.
2012)
73
……..Withdrawal of Candidature
……….Notice for withdrawal of candidature
(iii) Candidature shall be withdrawn during
normal office hours after the scrutiny is over
and before 3:00 P.M. of the last date of
withdrawal. No withdrawal on public holiday.
(iv) Notice of withdrawal shall be delivered either
to RO or ARO at their offices (as specified in
Form -1)
(v) RO must satisfy himself as to the genuineness
of a notice of withdrawal and identity of the
person delivering it.
(vi) A notice of valid withdrawal in Form - 6 shall
be affixed on RO's notice board on every day.
(vii) Valid withdrawal not to be cancelled nor
withdrawn subsequently.
(viii) Receipt for withdrawal be given immediately.
74
Allotment of Symbols
Election Symbols (Reservation & allotment) Order , 1968.
• There are two types of Symbols(a) Reserved Symbols – for National and state parties.
(b) Free Symbol – for un-recognised parties and
Independent candidate.
• Choice of Symbol has to be indicated by the intending
candidate in the Nomination paper.
• A candidate sponsored by recognised party (National &
State) to give preference for his Party’s reserved symbol.
• Candidate set up by unrecognised party and independent
candidate will give three choices in order of preference
from the list of free Symbols.
75
........Allotment of Symbol
• For the purpose of allotment of symbol, the Commission
issues a Notification under Para 17 of the Election
Symbols (Reservation & Allotment) order, 1968, atleast
notification above be referred to.
• A candidate set up by a state party in another state may
get its reserved Symbols under Para 10 of the Symbols
Order, if they apply to the Commission within 3 days
from the date of notification.
• A candidate set up by a registered un-recognised party
at present but a recognised party (National or state) not
earlier than Six year from the date of Notification of
election may get its earlier reserved Symbols under Para
10A of the Symbols order.
• Once a free Symbol is allotted to a candidate it will not
allotted to anyone else in the constituency.
76
•
•
Only the choice of symbols made by a candidate (other
than a candidate sponsored by a Recognised Party) in
the nomination paper first delivered, shall be
considered, even when that nomination paper is
rejected.
In the case of candidate set up by a National or State
recognised party, the choice of party's symbols
indicated by a candidate made in subsequent
nomination papers may also be considered.
77
……….Allotment of Symbol
• In case a same free Symbol has been chosen by several
candidates, as their first choice: (a) If one candidate is set up by an un-recognised party and others are
independent, the Symbol should be allotted to the un-recognised
party’s candidate.
(b) If two or more candidates set up by un-recognised parties, it will be
decided by draw of lots.
(c) If two or more candidates are set up by un-recognised Parties and
one candidate is or was sitting MLA or MP the free Symbol will be
allotted to him provided he contested the last election with the same
symbol.
(d) If there are two or more independent candidates and if one of them
is or was a sitting MLA/MP, the free Symbol will be allotted to such
Independent candidate.
(e) If two or more are Independent candidates, the free Symbol will be
allotted by draw of lot.
78
Revision of Symbols
(R. 10(5) of CE Rules, 1961) -
(i) RO's decision is final except where it is
inconsistent with any direction issued by
the ECI in which case the ECI may
revise the allotment of symbols.
(ii) List in Form 7-A shall be amended
accordingly, in case symbol is revised
under the orders of ECI.
79
List of contesting candidates

Preparation of list of contesting candidates
(Sec. 38 of RP Act, and R.10 of CE Rules, 1961 and Ch. VII of
(i) Immediately after 3.00 PM on the last date of
withdrawal and after allotment of symbols, list
shall be drawn in Form 7-A.
(ii) List in Form - 7-A shall be prepared in
languages specified by the Commission for
the State with its English version. Names shall
be classified into 3 categories – namely
(a)
Candidates of recognised National and
State Political Parties.
RO Hand Book-2012)
80
………Preparation of list of contesting candidates
(b) Candidates of registered political parties
(other than recognized National and State
political parties).
(c) Other candidates.
(iii) Names shall be arranged in the above order of
categories.
(iv) Names in each category shall be arranged in
alphabetical
orderRequired
particulars
including address should be filled up correctly.
81
……..Withdrawal of Candidature
………Preparation of list of contesting candidates
(v) Even in case of uncontested election, list in
Form - 7-A shall be prepared.
(vi) Send immediately copies of the list (alongwith
English translation) to the Govt. Press, CEO
and ECI.
(vii) If symbol has been revised by order of ECI, the
list shall be amended.
(viii)Names of candidate shall appear on ballot
papers in same order as in Form 7A, however
the headings of 3 categories shall not appear
on the ballot papers.
82

Publication of list in Form 7A
•
It shall be affixed on the notice board even in
uncontested election.
It shall be given to each contesting candidate
or his election agent.
It shall be published by RO in Official Gazette
of State.
It shall be displayed out side the PS through
PrOs on pre – poll day.
The ballot papers will be printed strictly as per
Form 7A
•
•
•
•
(Sec.38 of RP Act,
1951 and R.10, 11, 31(1)(b) of CE Rules, 1961 and Ch. VII of RO
Hand Book-2012) -
83

•
•

Identity cards to contesting candidates (Ch.
VII of RO Hand Book-2012) Two copies of identity cards with photograph
in the form given in Chapter VII of RO Hand
Book, 2012 - one copy to be retained in
record.
ID cards duly attested by the RO with his seal.
Issue of list of polling stations ( Chapter II of
RO Hand Book-2012) - Three copies of list of
PSs, free of cost, to each contesting
candidate.
84
 Intimation about legal provisions of corrupt
practices and electoral offences (Chapter VII of
RO Hand Book-2012) - A notice to each
contesting candidate should be given inviting
attention towards penal provisions of corrupt
practices and electoral offences.
85
 Appointment of Election Agent
(Sec. 40, 41 and
(i) Ministers, MPs/MLAs/MLCs and others having
security cover not to be allowed as election
agent. (ECI's No. 464/INST/2008/EPS dated
14.10.2008 and subsequent circulars)
(ii) A person who is disqualified for being member
of Parliament or Legislative Assembly or for
voting at an election shall be disqualified for
being an election agent.
Sec. 45 of RP Act, 1951 and R.12 of CE Rules 1961)
86
……….Appointment of Election Agent
(iii) Appointment in Form 8 (in duplicate) with
photographs affixed on top-right - RO shall
return one copy after affixing his seal and
signature - ID card to the election agent will be
provided by RO
(iv) Revocation in Form-9.
(v) ID Card to be provided.
87

•
•
•
Declaration of result of un-contested
Election (Sec. 53(2) of RP Act, 1951 and R.11(1) of CE
Rules 1961, Ch. IX of RO Hand Book-2012) After affixation of list (Form-7-A) on the notice
board of RO, result of uncontested election
shall be declared in Form 21.
Return of Election in Form 21-E with suitable
amendments.
Copies to (i) State Government (ii) ECI (iii)
Secretary, Vidhan Sabha (iv) CEO.
88
Declaration of result of un-contested Election
•
•
Date of return shall be the date on which the
result is declared.
Certificate of Election in Form-22 –
Acknowledgement of such certificate, duly
signed, may be obtained from returned
candidate - Which shall be sent to Secretary
Vidhan Sabha.
89

•
•
Safe deposit of papers relating to
nomination etc (P. 7 of Ch. VII of RO Hand
Book-2012) Papers/proceeding relating to nominations,
scrutiny, and withdrawals should be put
together in a cover, with description, and to be
retained by R.O.
After declaration of result, these documents
should be sent to safe custody of DEO.
90
……..Allotment of Symbols

Allotment of symbols (R.5 & 10 of CE Rules, 1961 and
Election Symbols (R&A) Order, 1968 and Para 4 of Ch. VIII of RO
Hand Book-2012) -
i.
ii.
First pick up the candidates set up by National/State
parties and allot reserved symbol. Fulfillment of
conditions under Para 13 and 13A of order, 1968 is
necessary.
If a State party recognised in other State, sets up a
candidate in this State, the symbol reserved for that
State party shall be allotted to a candidate set-up by it
only if a communication from ECI is received in relation
to that constituency.
91
MODEL CODE OF
CONDUCT
92
MODEL CODE OF CONDUCT
PHASES
PHASE-I
• Conduct of Political Parties & Government from
announcement of elections till beginning of nomination
process.
PHASE-II
• Conduct of Parties, Candidates, Political Functionaries
and Government from beginning of nomination process
till end of campaign period.
93
MODEL CODE OF CONDUCT
PHASE-III
• Conduct of Political Parties, Candidates, Political
Functionaries and Government from end of campaign
period till poll day.
PHASE-IV
• Conduct of Candidates, Political Parties,
Functionaries and Government on poll day.
Political
94
MINIMUM STANDARDS OF CONDUCT
• FOR ALL POLITICAL PARTIES
• FOR ALL CANDIDATES
• FOR RULING PARTY & POLITICAL
EXECUTIVES OF GOVERNMENT
• FOR ALL POLITICAL FUNCTIONARIES
95
MONITORING & CONTROL OF ECI
•
•
•
•
State Election Machinery
District Election machinery
Returning Officers
General Observers (IAS officers of other
States)
• Police Observers (IPS officers of other
States)
• Expenditure Observers (IRS officers)
96
MONITORING & CONTROL OF ECI
•
•
•
•
•
•
MCC Teams
Expenditure Monitoring Teams
Excise Commissioner & District Excise officers
Sector Officers
Police Stations
Watch on Dummy Candidates
97
MONITORING & CONTROL OF ECI
• Extensive Videography during campaigning &
Polling Stations
• Check Posts
• Complaint Handling
• Daily MCC Reports
• Webcasting
98
Model Code of Conduct
Political Parties, Candidates & Political
Functionaries (Minimum Standard of Conduct)
• No party or candidate shall include in any
activity which may aggravate existing differences
or create mutual hatred or cause tension between
different castes and communities, religious or
linguistic.
• Criticism of other political parties, when made, shall
be confined to their policies and programme, past record
and work. Parties and Candidates shall refrain from
criticism of all aspects of private life, not connected with
the public activities of the leaders or workers of other
parties. Criticism of other parties or their workers based
on unverified allegations or distortion shall be avoided.
99
• There shall be no appeal to caste or
communal feelings for securing votes. Mosques,
Churches, Temples or other places of worship
shall not be used as forum for election
propaganda.
• All parties and candidates shall avoid
scrupulously all activities which are “corrupt
practices” and offences under the election law,
such as bribing of voters, intimidation of voters,
impersonation of voters, canvassing within 100
meters of polling stations, holding public
meetings during the period of 48 hours ending
with the hour fixed for the close of the poll, and
the transport and conveyance of voters to and
from polling station.
100
• The right of every individual for peaceful
and undisturbed home-life shall be respected,
however much the political parties or
candidates may resent his political opinions or
activities.
Organizing
demonstrations
or
picketing before the houses of individuals by
way of protesting against their opinions or
activities shall not be resorted to under any
circumstances.
• No political party or candidate shall permit
its or his followers to make use of any
individual’s land, building, compound wall etc.,
without his permission for erecting flag-staffs,
suspending banners, pasting notices, writing
slogans etc.
101
•Political parties and candidates shall ensure that their
supporters do not create obstructions in or break up
meetings and processions organized by other parties.
Workers or sympathizers of one political party shall not
create disturbances at public meetings organized by
another political party by putting questions orally or in
writing or by distributing leaflets of their own party.
Processions shall not be taken out by one party along
places at which meetings are held by another party.
Posters issued by one party shall not be removed by
workers of another party.
102
Meetings
• The party or candidate shall inform the local police
authorities of the venue and time any proposed meeting Well
in time so as to enable the police to make necessary
arrangements for controlling traffic and maintaining peace
and order.
• A Party or candidate shall ascertain in advance if there is
any restrictive or prohibitory order in force in the place
proposed for the meeting if such orders exist, they shall be
followed strictly. If any exemption is required from such
orders, it shall be applied for and obtained well in time.
• If permission or license is to be obtained for the use of
loudspeakers or any other facility in connection with any
proposed meeting, the party or candidate shall apply to the
authority concerned well in advance and obtain such
permission or license.
103
…..Meetings
•Organizers of a meeting shall invariably seek the assistance
of the police on duty for dealing with persons disturbing a
meeting or otherwise attempting to create disorder.
Organizers themselves shall not take action against such
persons.
104
Procession
•
A Party or candidate organizing a procession shall decide
before and the time and place of the starting of the procession,
the route to be followed and the time and place at which the
procession will terminate. There shall ordinary be on deviation
from the programme.
•
The organizers shall give advance intimation to the local
police authorities of the programme so as to enable the letter
to make necessary arrangement.
•
The organizers shall ascertain if any restrictive orders are
in force in the localities through which the procession has to
pass, and shall comply with the restrictions unless exempted
specially by the competent authority. Any traffic regulations or
restrictions shall also be carefully adhered to.
105
…….Procession
•
The organizers shall take steps in advance to arrange for passage
of the procession so that there is no block or hindrance to traffic. If
the procession is very long, it shall be organized in segments of
suitable lengths, so that at convenient intervals, especially at points
where the procession has to pass road junctions, the passage of held
up traffic could be allowed by stages thus avoiding heavy traffic
congestion.
•
Processions shall be so regulated as to keep as much to the right
of the road as possible and the direction and advice of the police on
duty shall be strictly complied with.
•
If two or more political parties or candidates propose to take
processions over the same route or parts thereof at about the same
time, the organizers shall establish contact well in advance and decide
upon the measures to be taken to see that the processions do not
clash or cause hindrance to traffic. The assistance of the local police
shall be availed of for arriving at a satisfactory arrangement. For this
purpose the parties shall contact the police at the earliest
opportunity.
106
Publicity
 Provisions of MCC, Legal provisions electoral offences and corrupt
practices and ECI's directions may be explained in the meetings
with political parties/ candidates.
 R.O. to give copies of ECI's directions to candidates at the time of
nominations.
 Publicity through print media etc.
 Set up a daily monitoring arrangements for MCC violations and
ensure daily reporting to DEO and the Observer - Team should
comprise
police and civil officer and videographer - Remedial
measures where needed to be taken by RO,
(ECI No. 464/G.J.-LA/2007
dt. 6.10.2007)
107
Polling Day
All Political parties and candidates shall • co-operate with the officers on election duty to ensure
peaceful and orderly polling and complete freedom to the
voters to exercise their franchise without being subjected to
any annoyance or obstruction.
• supply to their authorized workers suitable badges or
identity cards;
• agree that the identity slip supplied by them to voters hall
be on plain (white) paper and shall not contain any symbol,
name of the candidate or the name of the party;
• refrain from serving or distributing liquor on polling day
and during the twenty- four hours preceding it;
• not allow unnecessary crowd to be collected near the
camps set up by the political parties and candidates near the
polling booths so as to avoid Confrontation and tension among
workers and sympathizers of the parties and the candidate;
108
......Polling Day
•ensure that the candidate’s camps shall be simple .The shall not
display any posters, flags, symbols or any other propaganda
material. No eatable shall be served or crowd allowed at the camps
•co-operate with the authorities in complying with the restrictions to
be imposed on the plying of vehicles on the polling day and obtain
permits for them which should be displayed prominently on those
vehicles.
109
Party in Power
(i) (a) The Ministers shall not combine their official visit with
electioneering work and shall not also make use of official
machinery or personnel during the electioneering work;
(b) Government transport including official air-crafts, vehicles,
machinery and personnel shall not be used for furtherance of
the interest of the party in power
(ii) Public places such as maidens etc., for holding election
meetings, and use of helipads for air-flights in connection with
elections shall not be monopolized by itself. Other parties and
candidates shall be allowed the use of such places and
facilities on the same terms and conditions on which they are
used by the party in power;
110
........Party in Power
(iii) Rest houses, dak bungalows or other Government
accommodation shall not be monopolized by the party in power
or its candidates and such accommodation shall be allowed to
be used by other parties and candidates in a fair manner but no
party or candidate shall use or be allowed to use such
accommodation (including premises appertaining thereto) as a
campaign office or for holding any public meeting for the
purposes of election propaganda;
(iv) Issue of advertisement at the cost of public exchequer in the
newspapers and other media and the misuse of official mass
media during the election period for partisan coverage of political
news and publicity regarding achievements with a view to
furthering the prospects of the party in power shall be
scrupulously avoided.
111
......Party in Power
(v)
From the time elections are announced by Commission,
Ministers and other authorities shall not
(a) announce any financial grants in any form or promises thereof;
or
(b) (except civil servants) lay foundation stones etc. of projects or
schemes of any kind; or
(c) make any promise of construction of roads, provision of
drinking water facilities etc.; or
(d) make any ad-hoc appointments in Government, Public
Undertakings etc. which may have the effect of influencing the
voters in favour of the party in power.
112
……..Party in Power
• Ministers can participate in celebrations like Independence Day,
Republic Day, Gandhi Jayanti, State formation day, but theme of
their speeches should be confined only to historical background,
deeds and achievements for historical figures and not to make any
political speech.
• Complete ban on celebrations like "xxx years/ days in power".
 References to Politicians/Ministers on official website- (ECI No.
437/6/2007/Inst./ PLN III dt. 21-11-07)
 References to Ministers, politicians or Political Parties on Govt.
official website, shall be taken off / purged off.
113
• Restrictions on presence of political functionaries who
is not voter, in the constituency, when campaign period
is over [ECI No. 464/INST/2007/PLN-I dt. 8.1.2007 and
27.2.2007] –
(i) Office bearer of political party, who is in
charge of the
state, shall declare his place of
stay in the State HQ
and his movement shall
remain confined normally
between this party office and place of stay.
(ii) Premises like community halls etc., be
find out outsiders.
checked
to
(iii) Check posts in the constituency border for vehicular
movement.
(iv)
Verify the identity of people/group of people whether they are voters.
114
Prevention of defacement of property
(ECI's No. 3/7/2008/JS II dt. 07.10.2008 and 10.11.2008)
• Defacement of Public Places —
(a) No defacement in any form (wall writing,
banners, posters, flags, hoardings etc.,) be
permitted on Government premises.
(b) Writing of slogans displaying of posters etc,
erecting
cutouts,
hoardings,
banners,
advertisement only in any public place
specifically identified for such purposes be
allowed strictly as per local laws - Equal
opportunity to candidates/political parties.
115
......Prevention of defacement of property
(c)
If specifically earmarked places are already let
out to any agency, the DEO through municipal
authorities should ensure equitable opportunity
to candidates/political parties.
• Defacement of Private Places —
(a) Not to be permitted on private places, if the local
law do not permit even with consent of the
owner.
116
......Prevention of defacement of property
(b) Where local law has express provisions
permitting wall writings, posters, banners, hoarding etc
on private premises the written permission of the
owner is must - Photocopies of the same shall be
submitted by the candidate with a statement in
prescribed format, to the RO within 3 days Expenditure to be accounted for. However, expenditure
incurred on party campaign without indicating any
candidate shall not be added to candidate's
expenditure.
117
......Prevention of defacement of property
(c)
In areas where there is no law on defacement of
private property, temporary and easily removable
campaign material like flags and banners would be
permitted with written permission of the owner. Copy
of the same is to be submitted to the RO.
118
Accommodation in Government Guest Houses
(ECI No. 437/6/2006-PLN-III (Vol.II) dt. 1.4.2006)
•
Accommodations in the Guest Houses / Rest
Rouses of Govt. or PSUs can be given to political
functionaries who are provided security cover in Z
scale or above, on equitable basis.
•
No political activities while staying in such guest
houses etc.,.
119
Conduct of Government Servants
(ECI No. 62/84 dt. 6.11.84 and Sec 129, 134 and 134A
of RP Act 1951 and Civil Services (Conduct) Rules)
•
No Government servant can take part in political
activities - He can not act as election agent, polling
agent, counting agent.
•
He should not be present in public meeting during
election campaign. Exception - those officers
engaged in law & order and security arrangements.
120
Liquor - Restrictions on Sale
(Sec. 135-C of RP Act 1951 & ECI No. 464/L&O/2007 PLN-I dt. 7.1.2007)
Liquor
not to be sold, given or distributed on
polling day and period of 48 hours ending with
close of poll - Dry day shall be declared.
121
Use of loud speakers
(ECI No. 3/8/2000/JS II dt. 26.12.2000 and No.
3/8/2005/JS-II dt. 26.9.2005)
 Loudspeakers on vehicles or for meetings can be
used between 6.00 Am and 10.00 PM only.
 Permission is must for use of loudspeakers.
 In the case of loudspeaker on vehicles, permit
issued by Govt. authority, shall indicate registration
Number / identification Number of vehicle.
 Vehicles used without written permission is liable to
be confiscated with all equipment.
 Expenditure to be accounted for.
122
Public meeting / processions
A register for permissions granted for meetings etc.,.
"First come first" principle be followed strictly.
Permission - Subject to local laws / prohibitory
orders.
No
public meeting / processing after campaign
period is over.
123
Advertisement of political nature on Radio, TV
Channel and cable networks
(ECI No. 509/75/2004 JS-I (Vol. II) dt. 15.4.2004; 26.9.2007; 2.11.2007; dt.
08.11.2007 and dt. 21.11.2008)
Advertisement
of political nature are to be got
certified by the Committee/Designated Officer at
different level.
'Advertisement' includes programme also which
intends to use campaign material
124
.........Advertisement of political nature on
Radio, TV Channel and cable networks
Application
for such certification should contain all
required details and in prescribed format and with
two copies of proposed advertisement in electronic
form along with transcript.
Register
of application and applications be serially
numbered.
Certificate to be given in prescribed format.
Necessary equipments for previewing and scrutiny.
125
.........Advertisement of political nature on
Radio, TV Channel and cable networks
 Returning Officers of parliamentary constituency have been
declared as Designated Officer, who will deal with
applications for certification of an advertisement on cable
network or TV Channel by an individual contesting
candidate.
 Broad casting of commercial advertisement of political
nature on Radio Channels (including private FM Channels)
during the period MCC is in operation - Pre broad casting
scrutiny and certification by the committee setup in the office
of CEO - Above instructions of ECI shall apply to
advertisements on Radio also (ECI's No. 509/75/2004/JSI/Vol.II/RCC dt. 21.11.2008).
126
SECTOR OFFICERS
127
Deployment of Sector Officers and
Tasks assigned to them
(ECI's No.51/8/7/2008 - EMS dt. 15.7.2008 and No. 464/INST/2008- EPS dt.
24.10.2008)
9.1 Deployment –
i.
ii.
Responsible for election management from the day of
announcement of schedule of election till the completion
of poll process - If required central Govt. officers can also
be deployed.
Most responsible position; best officers to be identified –
Deployment immediately after announcement of election
schedule - They can be designated as Zonal Magistrates
for the same area [at least 7 days before poll day]. They
can be provided powers of Special Executive Magistrates
also.
128
.........Deployment of Sector Officers and Tasks assigned to them
iii. A manageable route covering 10-12 polling
locations (1 to 2 hours) should be assigned.
iv. Sectors to be constituted well in advance.
v. The routes should be plotted on constituency
map.
vi. Immediately after the appointment he should
have the sector map.
vii. DEO/RO & Observers to frequently (weekly)
have review meetings with SOs and monitor
works allotted to and done by them
viii. They should be provided with a vehicle in
advance, not later than one week before the
notification of election.
129
.........Deployment of Sector Officers and Tasks assigned to them
ix
A videographer can also be provided to
monitor any breach of MCC.
9.2 Sector Officers - Tasks
9.2.1 Pre-poll responsibility - About polling
location i. To verify whether route plotted on map is
feasible - Ascertaining the approach and
accessibility.
ii. Ascertain infrastructure at polling stations –
water, shade, ramps, toilet, telephone etc.,
and physical status of building.
iii. Collect phone no., ascertain mobile
connectivity at PS;
130
.........Deployment of Sector Officers and Tasks assigned to them
iv. Party Offices, whether they exist with in 200
meters periphery of PS
v. He shall keep an eye and report on movement of
unauthorised campaign vehicles, defacement of
property, unauthorised campaigning, misuse of
public buildings/Govt. Vehicles/Govt servants and
all possible violation of MCC.
9.2.2Pre-poll responsibility - About the voters i. EVM demonstration to the voters in catchments;
ii. Give specific information about EPIC coverage
programme.
iii. Inform voters about help lines and locations of
their PSs.
131
.........Deployment of Sector Officers and Tasks assigned to them
iv. To inform the voters to check their names in
PER through BLO
9.2.3Pre-poll
responsibility
About
vulnerability mapping i. Frequent visits for confidence building
measures and fine tuning the vulnerability
mapping;
ii. Vulnerability
Mapping
(ECI
No.
464/INST/2007 PLN I dtd 12.10.07)
iii. Identification of villages, hamlets and
segments of voters vulnerable for threat and
intimidation
132
.........Deployment of Sector Officers and Tasks assigned to them
iv. Identification of persons who make it
vulnerable - "It is not about numbers- it is
about names" - Information to be given in
prescribed format to the RO/DEO without
having to disclose the source, [confidentially,
if so required].
v. Accountability for ensuring free access of
voters for voting.
vi. Contact points within the vulnerable
community with their telephone numbers
vii. SO will act as Zonal Magistrate and therefore
he will accompany the police forces during
area domination.
133
.........Deployment of Sector Officers and Tasks assigned to them
viii. Since SO will act as Zonal Magistrate, he
will prepare a "Zonal Magistrate Plan"
sketch map of zones/ routes/ PSs, list of
telephone Nos of PSs and election related
officers, police stations etc., list of
responsible persons and list of Anti social
elements and people to be kept under
'special watch'.
9.2.4Poll-eve responsibility
i. Ensure that the polling teams and all
material have reached their PSs
ii. Ensure that force has arrived at PSs
according to the plan.
iii. Clarify any last minute doubt on EVM
operation or the polling process, amongst
the poll personnel 134
.........Deployment of Sector Officers and Tasks assigned to them
v. Give OK report to control room
9.2.5Poll day responsibility
i. To ascertain the mock poll status before
commencement of poll - Remedial action to
sort out problem, if any, on the part of PrO
or the EVM.
ii. Frequent visit and attention on the PS
where the mock poll had to be conducted in
the absence of agents.
iii. Report commencement of polls.
iv. To ensure that Forces deployed at PSs are
in position
v. Replacements of EVMs where required
(SO to have spare EVMs);
135
.........Deployment of Sector Officers and Tasks assigned to them
vi. Track and report the presence /absence of
polling agents
vii. To assist polling team inside polling station
if required,
viii. To maintain the purity of poll process and
check all aspects of polling during their
visits to PSs.
ix. Mock poll certification be ensured - mock
poll status be reported within 30 minutes of
completion of mock-poll to RO [ECI's No.
51/8/7/2008-EMS dt. 15.7.08]
x. Check
voting
pattern
–
any
segment/section
conspicuous
by
its
absence Inform RO for remedial measures.
136
.........Deployment of Sector Officers and Tasks assigned to them
xi. Handling of poll day complaints
xii. Check the sealing of EVMs and preparation of
papers by polling parties.
xiii. Escort all EVMs with the polling team to
receipt centre.
xiv. Replacement of polling personnel from
reserve parties
xv. At the end of poll he will ensure that: (a) PO diary filled up properly
(b) EVMs are properly sealed.
(c) Copies of 17C are given to polling agents
(d) Register of 17A is properly filled up.
9.2.6After poll, submit a report on polling to RO.
(Format is enclosed)
137
Central Force Deployed Y/N
Micro Observer deployed Y/N
Video camera deployed Y/N
Total voters
Whether Mock Poll done (Y/N)
No. of Polling Agents present
Party candidates not represented by polling agents
No. of votes polled at Ist visit (Mention time)
No. of votes polled at IInd visit (Mention time)
No. of votes polled at IIIrd visit (Mention time)
Whether poll continued after closure time? (Y/N)
No. of voters who have voted after 5PM by
receiving token
Total No. of votes polled at close of poll
Total % of votes polled
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Whether PrO diary, 17A, 17C checked and tallied?
(Y/N)
Complaints received on poll day
Source of each comlaint, its nature and followup
ation taken
Whether repoll recommended (Y/N)
Whether machine & statutory papers deposited in
strong room (Y/N)
16
Whether copy of 17C given to polling agents by PrO
(Y/N)
Whether machines closed and sealed properly (Y/N)
PS No.
Format-3
Sector Officer's Report Format (Poll Day)
Name of Sector Officer: _____________________
No. & Name of AC ________________________
Route No. ______________________________________
No. of Candidates ______________________________
17
18
19
20
21
22
POSTAL BALLOT
PAPERS
139
Postal Ballot Papers
• Assessment of requirement of postal ballot papers.
• Form and language of Postal Ballot Papers• Printing of Postal Ballot Papers for Service Voters within 24 hours
after the last hour of withdrawal of candidatures and have to be
issued in next 24 hours.
Voters entitled to vote by post (Sec. 60 of RP Act., 1951; Sec.20 of RP Act,
1950; R. 17, 18(a) & 27B of CE Rules, 1961)
•
Service Voters (including their wives) - (except them who opted for proxy
voting)
•
Special Voters - (including their wives) who are holding declared offices.
[List of such declared offices is given in footnote below at Sec. 20 of RP Act,
1950]. Electors subjected to preventive detention.
•
Electors on election duty - These include police personnel and
Drivers/Helpers etc. actually employed on requisitioned vehicles also.
•
Notified voters.
140
Postal Ballot Paper for Polling Personnel
• Collection of information from the sponsoring authority about no. &
name of Assembly Constituency, no. & name of polling station, EPIC
No. and complete residential address of the polling official, where
the polling official is enrolled.
• In case information in respect of any polling official is not received
from the sponsoring authority, the RO should himself collect this
information using web search and SMS query facility.
• RO should prepare postal ballot papers for all employees who are
called for training in anticipation of receiving filled-in requests duly
signed, for issue of postal ballots in Form 12.
• One nodal officer should be appointed who shall maintain an
account of postal ballot papers issued by him.
• All polling officials should be provided Form 12 for applying postal
ballot papers alongwith their appointment letters on the first date of
training.
• Postal ballot papers not issued in the first training shall be reissued
on the subsequent training.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)
141
Postal Ballot Paper for Polling Personnel
• Those polling officers who have not been issued postal ballot papers
shall be entitled to vote in person in their respective polling stations.
• Postal ballot papers shall be distributed to the polling officials on the
second round of training after verification of ID.
• A facilitation centre with drop box shall be opened for collection of
postal ballot from polling personnel at the training venue during all
training sessions.
• One Gazatted officer shall be remain present during training
sessions for verification of declaration in Form 13A.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)
142
Postal Ballot for Drivers/ Conductors and Cleaners
• A nodal officer for requisitioning of vehicles for poll duty who shall
collect information from Vehicle owners about No. and name of
Assembly Constituency, EPIC no. and serial no. in electoral roll, no.
and name of polling station where he is enrolled.
• Drivers/ Cleaners should bring their EPIC when they report duty.
• In case they are not enrolled they should apply inform to the
concerned ERO and get EPIC.
• One Officer well trained in the process of elector search should be
deputed.
• From the EPIC details of information, regarding complete address
no. and name of AC, Polling Station where he is enrolled EPIC no.
should be entered in a register. He may also use search facility.
• The Nodal Officer shall get the signature of Drivers/ Cleaners/
Conductors inform 12 and send to RO at least 7 days before to poll,
so that the RO issues postal ballots to them and make enters of PB
in the marked copy of the roll
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)
143
Postal Ballot for Drivers/ Conductors and Cleaners
• Facilitation Camp for drivers/ conductors/ cleaners on poll duty
should be organized one day before the date of dispatch of polling
parties, day of dispatch of polling parties, or on the day of return of
polling parties for casting of postal ballots.
• The Nodal Officer shall keep an account of Postal ballot paper
received by him and issued to the drivers/ conductors/ cleaners on
poll duty and obtain signatures.
• RO should keep undelivered Postal Ballot in safe custody and issue
them to them in subsequent facilitation camps. All unissued PB
shall be kept in sealed cover.
• RO to ensure that one Gazetted Officer is present for verification
inform 13A. A ballot box shall be kept in the facilitation centre
where they can post their PB in the ballot box.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)
144
Postal Ballot Paper for Police Officers on Poll Duty
• Collection of information from the sponsoring authority about no. &
name of Assembly Constituency, no. & name of polling station, EPIC
No. and complete residential address of the police is enrolled.
• This information should be entered in police officer on duty data
base and SP should be informed that this information can be found
out by doing name search on the internet at web site of CEO and
also by sending SMS query.
• In case he is not registered SP to advise police officer to fill in form-6
• SP should print application form in form-12 for all police officers
alongwith duty orders requesting them to sign and return application
form in form 12 immediately.
• RO should prepare postal ballot papers for all police officers whose
application in form 12 are received from SP. This can be combine
with training of police officer on poll duty.
• SP should then organize a special facilitation camp for police
officers on poll duty for casting postal ballots.
• One Gazetted officer should be deputed for attestation. Register
145
should be maintained to keep correct account.
Postal Ballot Paper for Police Officers on Poll Duty
• RO to keep postal ballots not issued in safe custody and attempt
should be made to reissue them in subsequent training. Unissued
postal ballot should be sealed and kept in separate cover.
• A ballot box shall be kept at the facilitation centre and police officers
who have been issued postal ballot should be told to deposit a
postal ballot in this box after marking them.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)
146
 Suggested Reading Material –
(i) Constitution of India (relevant provisions)
(ii) RP Act, 1951
(iii) Gujarat & Himachal Pradesh Legislatures (Removal of
Disqualification) Act.
(iv) IPC, 1860 (relevant provisions)
(v) Conduct of Election Rules, 1961
(vi) RO's Hand Book
(vii) Presiding Officer's Hand Book
(viii) Instructions of ECI
(ix) Model Code of Conduct (Booklet of ECI)
(x) Other Reading Materials from Website
(www.eci.nic.in)
147
148
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