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Welcome Election Commission of India

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Presentation on theme: "Welcome Election Commission of India"— Presentation transcript:

1 Welcome Election Commission of India
Election Procedure Presented by Dr. Yashwantrao Mane, Dy. Collecter & Assistant Commissioner Pimpri Chinchwad Municipal Corporation, Pimpri-18

2 Important Election Laws
Important Provision from Indian Penal Code लोकप्रतिनिधित्व अधिनियम 1950 मतदार नोंदणी नियम 1960 लोकप्रतिनिधित्व अधिनियम 1951 THE CONDUCT OF ELECTIONS RULES-1961

3 Nomination Filing of nomination starts on the date of notification by the President/Governor under Section 14/15 of the R.P. Act, 51. [Notification form] RO to issue public notice of election (under S. 31) in Form -1 (appended to CE Rules, 61) Public notice has to be under the signature of the RO only. No other authority can issue this public notice.

4 Public Notice- Particulars to be specified [in Form 1]
Specify the election. Mention the place at which nominations are to be filed (normally at the headquarters of RO) . Specify the ARO who will receive nomination paper in addition to RO. In normal circumstances, only one ARO should be so specified. Mention the last date of filing nomination, date, time and place of scrutiny, withdrawal and date & hours of poll.

5 … Public Notice-Publishing
Public notice to be published in the morning of the date of notification well before 11 AM (time for commencement of nomination filing) Notice shall be in English and the official language of the State. To be displayed on the notice board of RO, AROs and in other prominent public offices ( O/o Panchayat Samiti, Gram Panchayat, etc.)

6 Requirements for valid nomination [Sec. 33(1)]
Form of nomination paper – Form 2A for Lok Sabha and Form 2B for Leg. Assembly. To be presented before RO/ specified ARO only. Can only be filed at the place mentioned in the public notice. Can be filed only between 11 AM and 3 PM during the period for filing as per schedule notified by ECI u/s 30 of RP Act, 51.

7 … Requirements for valid nomination
Nomination can be filed only by candidate or any of the proposers. Cannot be sent by post or filed through any other person. To be filed only at the prescribed place(s). Nomination to be signed by the candidate and the prescribed number of proposers. Can not be filed on a public holiday.

8 Proposers One proposer enough for candidates of a recognized National or State Party. Recognized Party means one of the National Parties or one of the recognized State Parties of the State concerned. 10 proposers required for all other candidates- even for recognized State Parties of other States. Proposers should be electors of the constituency concerned.

9 Nomination…… contd. For reserved constituencies, candidates have to give a declaration specifying the caste/tribe to which he/she belongs. Such caste/tribe should be included in the list of SC/ST in that State [Sec.33 (2)] . It is desirable to obtain certificate to prove SC/ST status. Certificate should be of a reasonably recent date. For a person dismissed from an office under govt. of India/any State Govt., to contest election within 5 years of dismissal, has to submit along with nomination paper, a certificate from ECI stating that the dismissal was not on account of corruption or disloyalty to State. [S. 33(3)]

10 Certified copy of electoral roll
The candidate may be elector of a different constituency. In that case, certified extract of entries in the relevant roll to be submitted –[S.33(5)] If not filed with nomination, this can be filed by the time of scrutiny In that case, RO to give a notice - in the check-list in the format given in Handbook.

11 Affidavits by candidate
Candidate is required to file affidavit in Form-26 (as revised w.e.f ). Affidavit to be sworn before notary public/oath commissioner/magistrate of the first class. Affidavit to be typed or written legibly and no columns to be left blank. If not filed with nomination, affidavit can be filed till 3 PM on last date of filing nomination.

12 Action on affidavits Copy to be displayed on notice board of RO and also notice board of ARO if his office is in a different place. If office of both RO and AROs are outside the boundary of constituency, one set of copies of affidavits to be displayed in a prominent public place within constituency limits. Copy to be uploaded on website of CEO within 24 hours of filing. If anyone files affidavit pointing out false statements in any affidavit, that also to be displayed on notice board. RO is not required to conduct enquiry into correctness of statements in the affidavits.

13 Govt. Dues In the affidavit, in item (8)(ii), candidates are required to mention govt. dues (dues to various deptts.). As per an order of Delhi High Court, details of dues to deptts. for govt. accommodation, water supply, electricity, telephones and transport, mentioned by candidates have to be published in two newspapers. ECI has directed that this should be published in the format prescribed by it in two newspapers having local circulation, one of which should be in vernacular newspaper. This should be done within two days of finalization of list of contesting candidates.

14 Security Deposit Rs.25,000 for Lok Sabha election.
Rs. 10,000 for Assembly election. Half the amount for SC/ST candidates (even in general constituencies). To be made either in cash before the RO/ARO or in RBI/ Treasury-no deposit acceptable by cheque or Bank draft. Deposit to be made when filing the first set of nomination or prior to it.

15 No. of nomination papers for one candidate
A maximum of four sets of nomination papers for a candidate. Only one deposit is required. Similarly all other accompanying documents- only one original needed. If more than 4 nominations are filed, the fifth set onwards will be ignored. But, make sure this does not happen.

16 Preliminary Examination
Preliminary examination from technical standpoint at the time of receiving nomination paper. [ S. 33(4)] Entries relating to electoral roll details to be compared. Clerical errors in names, Sl. No. etc. can be allowed to be corrected or even ignored. Defects, if any, to be pointed out to candidate.

17 Forms “A” and “B” by Pol. Parties
Paragraph 13 of Symbols Order provide requirements for treating a candidate as a candidate set up by political party. Forms A and B to be filed latest by 3 PM on the last day of filing nomination. Both Forms A and B to be submitted to RO. Forms A & B to be signed in ink in original. Photocopy not acceptable. Form received through Fax / also not acceptable.

18 Action by RO on receipt of nomination
Enter date and time of filing nomination and put initials thereon. Give running serial number to nomination papers. If more than one set of nomination is filed by one candidate, give serial number in the order in which they are presented. Fill up Part-VI of nomination form and handover to candidate/proposer as acknowledgement. Also give a notice of time, date and venue of allotment of symbol.

19 Action by RO….. Fill up check list and handover copy to candidate/proposer filing nomination. For documents not filed and/or found defective in any manner, specific mention should be made in the second part of checklist as notice to candidate for filing the same within prescribed time limit. Obtain specimen signature of candidate. Also ask the candidate to write down his name in the language in which ballot paper is to be printed.

20 Other documents to be handed over to candidates
Handover the Register prescribed for maintaining day-to-day account of election expenses, alongwith all other connected documents. Obtain an acknowledgment from the candidate/proposer filing the nomination. Handover an extract of Section 127A (printing/ publishing of pamphlets, posters etc.)

21 Oath/Affirmation Candidate required to make oath or affirmation in the prescribed format in person. RO/ARO authorised authorities before whom oath can be made. Oath can also be taken before certain other authorities prescribed by ECI- Jail Supdt. for candidate in jail , Commandant of detention camp for candidate under preventive detention, Medical Supdt of Hospital for those confined to bed in hospital, Diplomatic or consular representative of India or any person authorized by them for candidate outside India. Oath to be made only after filing nomination and before the day of scrutiny. Certificate of oath to be given to the candidate without his applying for it. Onus is on candidate to produce Certificate of Oath before the RO (wherever taken before a different authority)

22 Videography Process of filing nomination to be videographed.
Continuous/unedited videography in the last hour of filing nomination (2 PM onwards on the last day ) Keep all papers securely. Avoid misplacing. RO/Specified ARO to be available at the place of filing throughout the nomination filing period.

23 Acknowledgment/Notice
Apart from acknowledgement in Part-VI of nomination form, checklist duly filled is a further acknowledgement. All notices for filing various documents shall be given in checklist itself.

24 Notice of nomination RO to publish on Notice Board a notice in FORM-3A regarding nominations received upto 3 PM of each day during the nomination filing period. Where the Specified ARO receives nomination in a different place such ARO should also publish such notice in FORM-3A and keep the RO informed on a daily basis.

25 List of nominated candidates
After 3 PM on last day of filing, list of nominated candidates to be prepared. Format (Form no. 4) given by ECI – Handbook. Candidates to be classified in 3 categories- (i) Recognised parties, (ii) Registered unrecognised parties and (iii) independents. Within each category, names of candidates shall be arranged alphabetically. Recognized parties of other States will be included in the 2nd category (registered unrecognized party).

26 Qualifications and disqualifications

27 Any person aspiring to be Member of Lok Sabha/ Legislative Assembly, whether by election or by nomination, must be qualified and must not be disqualified under the Constitution or under any law for such membership. Crucial date for determining whether a candidate is qualified or disqualified is not the date of filing nomination paper but the date fixed for the scrutiny of nominations.

28 Constitutional Qualifications (Articles 84 and 173 of the Constitution)
Citizenship of India. Minimum qualifying age. [Articles 84(3) and 173(b)] A person shall not be qualified to be chosen to fill a seat in the Lok Sabha/State Legislative Assembly, unless he is of 25 years of age. Age qualification should be fulfilled by the candidate on the date fixed for the scrutiny of nominations [section 36 (2) (a) of 1951-Act].

29 Oath or Affirmation under the Constitution of India [Articles 84 (a) and 173 (a)]
Every candidate has to make and subscribe either an oath in the name of God or a solemn affirmation in the form prescribed for the purpose in the Third Schedule to the Constitution. The real purpose of this oath or affirmation is that the person undertakes to bear true faith and allegiance to the Constitution and uphold the sovereignty and integrity of India. Oath or Affirmation – when to be made : Oath or affirmation must be made after the nomination paper has been submitted to RO. It must be made before the commencement of the date of scrutiny of nominations, i.e., latest by mid-night of the date preceding the date of scrutiny.

30 Statutory qualifications [Articles 84(c) and 173(c)]
Qualifications for election to a State Legislative Assembly (section- 5) : In the case of the constituencies reserved for SCs or STs, the candidate should be a member of any of those castes or tribes, and an elector for any Assembly Constituency in the State; In the case of any other constituency in any State should be an elector for any Assembly Constituency in that State.

31 Constitutional Disqualifications [Articles 102 (1) and 191(1)]
Office of profit under the Government. Unsoundness of mind. Un-discharged insolvent. Non-citizenship of India or acknowledgement of allegiance or adherence to a foreign State. Any other disqualification prescribed by Parliament.

32 Statutory disqualifications [Articles 102(1)(e) and 191 (1) (e)]
Parliament empowered to make statutory laws prescribing disqualifications for membership for both Parliament and State Legislatures : Disqualifications so prescribed by Parliament under Representation of the People Act, 1951 are : Disqualification on conviction for certain offences (Section 8). Disqualification on ground of commission of corrupt practices (Section 8A).

33 Disqualification for dismissal from govt
Disqualification for dismissal from govt. service for corruption or disloyalty (Section 9). Disqualification for contract with “appropriate government” (Section 9A). Disqualification for holding office under government company (Section 10). Disqualification for failure to lodge account of election expenses (Section 10A).

34 Disqualification for failure to lodge account of election expenses (s 10A)
Only those persons are disqualified whose list is circulated by ECI from time to time. Disqualification U/s 10A is for specific period of 3 years. Pl. go through the list of disqualified persons in respect of your State carefully.

35 Scrutiny of Nominations

36 SCRUTINY OF NOMINATIONS
DATE, TIME AND PLACE OF SCRUTINY Date of scrutiny specified by the Commission in its programme notification and the RO has no discretion to change it; However, he has a discretion under the law to fix the time and place of scrutiny; The RO has to give notice both in public notice in Form-1 and also in the receipt which he has to give to each candidate in acknowledgement of receipt of nomination.

37 PERSONS WHO CAN BE PRESENT AT SCRUTINY OF NOMINATIONS
Candidate himself; His election agent; One of his proposers; and One other person authorized by candidate. It is not necessary that a candidate or his representative should be present at the time of scrutiny of nominations.

38 Scrutiny proceedings Contd…
Scrutiny of nominations is a quasi-judicial function of the RO but that does not give him the status of a Court. The enquiry into the question of validity or otherwise of a nomination paper is a summary enquiry; RO himself should conduct the scrutiny; ARO can be authorized to perform scrutiny only where RO is unavoidably prevented from performing that function; All present at time of scrutiny should be given reasonable opportunity of inspecting all nomination papers and their accompanying documents. They should not, however, be permitted to handle those papers.

39 Scrutiny proceedings Contd…
All nomination papers should be scrutinized one by one and decision accepting or rejecting should be recorded on each nomination paper separately. Even if one of the nomination papers of a candidate is accepted, his remaining nomination papers must also be scrutinized individually. Where any objection is made against any nomination paper, RO must record his decision giving reasons for accepting or rejecting the objection. RO can raise objection to any nomination suo motu also.

40 Scrutiny proceedings Contd…
If the nomination of a candidate has been objected to, he should be given reasonable opportunity of rebutting the same and, where necessary, scrutiny proceedings in relation to his nomination may be adjourned. Scrutiny proceedings in relation to other candidates should, however, continue. Scrutiny can be adjourned maximum upto the 3rd day which is normally the last date of withdrawal for candidatures and not beyond that date. If the nomination of any candidate is rejected, copy of the order should be furnished to the candidate urgently. Decision of RO rejecting or accepting the nomination of a candidate is not subject to any review or revision by any authority including the Courts and the Election Commission until the process of the election is over. It can be challenged only by means of an Election Petition.

41 GROUNDS FOR REJECTION OF NOMINATION PAPER
Nomination paper of a candidate shall be rejected if : he is not qualified or is disqualified on the date fixed for scrutiny of nominations; nomination paper is not signed by candidate or subscribed by requisite number of proposers; requisite security deposit has not been made; certified extract of entry in the electoral roll not submitted, if candidate is contesting election from a different constituency; affidavit in Form 26 has not been submitted; complete address of candidate has not been mentioned in nomination paper;

42 GROUNDS FOR REJECTION Contd….
nomination paper has not been filed within the date and time prescribed for the purpose; or has not been filed before the RO or the authorized ARO at the specified place. Nomination paper shall not be rejected on ground of defect which is not of substantial character, like, defect in declaration relating to symbols. Any wrong information or suppression of information in candidate’s affidavits is not defect of substantial character. However, failure to furnish affidavit is defect of substantial character entailing rejection of nomination.

43 PREPARATION OF LIST OF VALIDLY NOMINATED CANDIDATES
After the completion of scrutiny proceedings, RO should prepare a list of validly nominated candidates, i.e., candidates whose nominations have been found valid on scrutiny; Such list should be prepared in Form 4; Arrangement of names in Form 4 should be on the same lines as in the list of contesting candidates explained hereafter.

44 WITHDRAWAL OF CANDIDATURES
Validly nominated candidate may withdraw his candidature by giving a notice in the prescribed Form (Form-5 appended to 1961-Rules) to that effect upto 3.00 pm on the last date fixed for withdrawal of candidatures in the programme notification. Notice in any other form shall not be taken cognizance of. Commission has clarified that candidatures may be withdrawn on any intervening day during normal working hours of the Office of RO and not necessarily upto 3.00 pm on those days. No provision for retirement from contest after last date fixed for withdrawals

45 NOTICE OF WITHDRAWAL RO should publish the list of candidates who have withdrawn their candidatures in Form-6. Notice of withdrawal once given by a candidate is irrevocable.

46 PREPARATION OF LIST OF CONTESTING CANDIDATES
Allotment of symbols has to be made before drawing the list of contesting candidates in parliamentary and assembly constituencies. Such list is prepared in Form 7A; for elections to Council of States and State Legislative Councils, such list is prepared in Form7B. At an election to any House of Parliament, the list is published in the Gazette of India in English and Hindi and is also re-published in the official gazette of state concerned.

47 Names of candidates shall be classified into three categories, namely,
ARRANGEMENT OF NAMES OF CANDIDATES IN LIST OF VALIDLY NOMINATED CANDIDATES AND LIST OF CONTESTING CANDIDATES Names of candidates shall be classified into three categories, namely, (a) candidates of recognized National and State political parties, (b) candidates of registered un-recognized political parties, and (c) independent candidates. The arrangement of names of candidates shall be in alphabetical order according to Devanagri script in the case of elections to Parliament and in the script of the official language of the state concerned in the case of elections to State Legislatures.

48 CANDIDATE PERMITTED TO SHOW HIS NAME BY WHICH POPULARLY KNOWN
But such request for correction or alteration must be made to the RO before he has prepared the list of contesting candidates. Any request for the purpose after the list of contesting candidates has been prepared cannot be entertained by the RO. Further, in order to be satisfied about the genuineness of the request, he can require the candidate to produce such evidence in support of the request as may be considered appropriate by him.

49 PREFIXING HONORIFIC TITLES TO NAMES OF CANDIDTES
The Election Commission has also permitted the candidates to prefix any honorific, academic, hereditary, professional or any other title, like, Doctor, Professor, Lt General, to their names. But these prefixes are not taken into account in the determination of the alphabetical arrangement of their names.

50 Allotment of Symbols to Contesting Candidate
Allotment of symbols to candidates is governed by the Election Symbols (Reservation and Allotment) Order, 1968;

51 Allotment of Symbols to candidates of recognized parties
Candidates set up by recognized national and state political parties to get only the symbols reserved for those parties; The manner of setting up of candidates by political parties already explained hereinabove. ‘Political party’ means a party registered with ECI under section 29A of the RP Act, 1951; ‘Recognized political party’ means a party recognized as national or state party by ECI under Symbols Order, 1968.

52 Allotment of Symbols to candidates of recognized State parties in other States
A State party recognized in one State is a registered-unrecognized party in any other State; If such party sets up candidates in any other State, such candidates can get party’s reserved symbol under para 10, if : Central Office of party applies to ECI for such concession within three days from the date of election notification, giving details of the constituencies concerned; and ECI has no objection to the grant of above concession. RO shall allot the party’s reserved symbol to the abovementioned candidate only if he receives the authorization from ECI, and not otherwise.

53 Allotment of Symbols to independent candidates
Allotment of symbols to independent candidates is also governed by para 12 of Symbols Order; These candidates have to choose symbols from list of free symbols notified by ECI; Every such candidate can give three options of free symbols, in order of preference; Such preferences indicated in his first nomination paper are to be taken into account, even if that nomination paper is rejected;

54 Ballot Papers a. Postal-Ballot Papers b. EVM Ballot Papers
Printing arrangements Voters entitled to vote by post Uniform common design of postal ballot papers Design & Language of postal ballot papers (PB) Printing of postal ballot papers Arrangements for Dispatch of Postal Ballot Papers to Service Electors Intimation by other categories of voters - as to vote by post Smooth Management of PBs for Persons on Election Duty

55 B. Ballot Papers For EVMs
Form and Language of ballot paper for EVM (Label) Assessment of requirement of ballot papers Printing of Ballot Papers Verification of ballot papers Safe custody of undistributed ballot papers Ballot papers for record of ECI and CEO Tendered ballot papers

56 The Poll Day CHECK LIST FOR DEO: A. PRE-POLL ARRANGEMENTS
B. DESPATCH ARRANGEMENTS OF POLLING PARTIES C. Poll day arrangements Control room arrangements Escorting of the poll EVMs Regulation of plying of vehicles on poll day No canvassing within PS or any public or private place within a distance of 100mtrs of a PS Sector Officer Prohibition of misuse of SMSs Prohibition of loudspeakers, mega phones etc and disorderly conduct - within 100mtrs of a PS

57 …The Poll Candidates' election booths (one table + two chairs) without Shamiyana Going armed to / near a polling station Entry into polling station Before Commencement of Poll During Poll Process Voter Assistance Booth Facilities for the physically challenged electors Supervisory visits After close of poll Three comprehensive reports Recommendation for fresh poll/completion of adjourned poll Adjournment of poll after death of a candidate

58 …The Poll D. Regarding receipt arrangement Final storage at district There should be no crowding Receipt of documents and polling material Counter system -AC wise Separate special counter for election papers Check before receipt Arrangements at reception centre Strong Rooms Scrutiny of form 17A etc Arrangements in case of re-poll –Adjourned poll Safe Custody of voting machines after poll Safe custody of election records / EVMS after result

59 …The Poll Annexure – 1 SENDING VARIOUS STATISTICAL INFORMATION AND REPORTS TO THE CEO Polling Station wise elector information (Gender Ratio) – Current Electoral Rolls. AC wise elector information (Gender Ratio). Polling Station wise elector information (Elector Population Ratio) – Current Electoral Rolls. AC wise elector information (Elector Population Ratio). District Age Cohort wise Elector Information. Polling Station wise information on inclusion and deletions in Current Electoral Rolls. AC wise information on inclusion and deletions in Current Electoral Rolls.

60 Cont… Poll Day Annexure – 1
Polling Station wise information on EPIC and Photo Coverage in Current Electoral Rolls. AC wise information on EPIC and Photo Coverage in Current Electoral Rolls. Photo Coverage in Current Electoral Rolls. EPIC Coverage in Current Electoral Rolls. Polling Station Location (PLS) Details. Constituency wise Information on migrated Electors. Information on Service Voters. Link Table on newly Delimited ACs (and Polling Station) with Pre –Delimited ACs (and Polling Stations).

61 Counting Process R.P. ACT 1951 Sec 64: Counting of Votes
Sec 64A: Destruction, loss etc. of ballot papers at the time of counting Sec 65: Equality of Votes Sec 66: Declaration of Results Sec 67: Report of the Result Sec 128: Maintenance of secrecy of voting Sec 129: Officers, etc. at elections not to act for candidates or to influence voting Sec 136: Other offences and penalties thereof [Sub sections to (1)-(4)]

62 Conduct of Elections Rules, 1961
Counting Process Conduct of Elections Rules, 1961 Rule 51: Time and place for counting Rule 52 : Appointment of Counting Agents Rule 53: Admission to the place of counting Rule 54: Secrecy of voting Rule 55C: Scrutiny and inspection of EVMs before counting Rule 56C: Actual counting Rule 57C: EVMs after counting. After, result is recorded in part-II of form 17C, the CU to be sealed with the seals of the RO and candidates/ counting agents.

63 ...Cont. Major legal provisions
Rules 60 provides for continuous counting Rule 61 provides for re-commencement of counting after fresh poll Rule 63 provides for recount of votes Rule 64 provides for declaration of result of election Rule 65 provides for counting at 2 or more places for one constituency Rule 66 provides for grant of certificate of election to returned candidate

64 Infrastructural and security arrangements at counting centres
Counting place ECI fixes a common date and time of counting Preferably place of counting of a constituency should be in district HQ. Each constituency should be counted in a separate hall. In simultaneous poll to Lok Sabha and Legislative Assembly, both to be counted in the same hall. Half of the tables for LS and other half for LA i.e. one side for Lok Sabha and the other side for LA.

65 Counting Hall Layout

66 Infrastructure and security arrangements at counting centres
Provide at every counting table:- A blue ballpoint pen Paper knife for breaking open seals Part II of Form 17-C Proforma for recording of votes secured by each candidate and NOTA by additional counting staff/ Micro observer Make arrangement of loud speaker and a black board for disseminating information regarding trends in counting and results to public and media. Adequate teams for sealing EVMs and other Envelops

67 PERSONS ALLOWED INTO COUNTING HALL
Counting supervisors and assistants Persons authorized by ECI Public servants on duty in connection with election Candidates, their election agents and counting agents Every body inside the counting hall shall have to display his I-card on his/her person.

68 Appointment of Counting Staff & Counting Agents
Counting staff is appointed by the RO concerned. Format of Appointment letter prescribed in Annexure-44 of HB of RO. Requirement to be assessed on basis of no. of counting halls and no. of counting tables plus reserve. For each table: One Counting Supervisor (preferably a Gazetted officer of Central/ State govt. or officer of equivalent status of PSUs. One Counting Assistant One micro observer (a Central Govt. official) One Group D employees Also Reserve staff Additional Counting Assistant for Observer to do parallel counting

69 Randomization shall be done from the database of election officials using randomization software
Videography of entire process is to be done for records.

70 Counting Postal ballots
Under Rule 54A, postal ballot papers are to be counted first so in all cases, 1st round shall be for PBs only. (However, it has to be completed before start of penultimate round of EVM counting). Counting of votes in EVM can be commenced 30 minutes after start of Postal Ballot counting, even if the latter is not completed. Not necessary to wait further.

71 Counting of votes recorded in EVMs
EVMs to be distributed sequentially, i.e. PS no. 1 to Table 1 and so on. Nodal officer to ensure. Keep account of such distribution with you Only CU required for Counting . BU to be brought into hall only if inspection required. Along with CU, sealed cover containing Form 17C (Account of Votes) to be brought to counting table. Remove the seals from carrying case, take out CU. Place on table for inspection of seals by Candidates/ agents . If seal is properly intact and there is no tampering, votes will be counted. Proceed further CHECK that green paper seal is intact and its S. No. tally with paper seal account prepared by PrO in Form 17C : Part I: Item 9. …… …..Decide if clerical errors or actually tampered with. If tampered with, keep aside and inform ECI immediately When taken out of carrying case, check: That it is the same CU supplied to the PS Seal on Cand set Section is intact. Outer Strip Seal in Result Section. Special Tag‘ in Result Section. Check S No of Pink paper seal affixed on CU .

72 Counting of votes recorded in EVMs
Switch ‘On’ the CU Press the ‘Result-I’ button. Total no. of votes for each candidate will be displayed for that PS. Lift the unit and show it to all agents so that they can note down votes polled by candidates. Counting Assistant to note result in Part –II – Result of Counting of Form 17C. If required, press again to show result to candidates/agents so that they are satisfied. After result noted in Form 17 C-part II, close cover of result section and Switch “OFF” CU.

73 Counting of votes recorded in EVMs
Counting Supervisor to tally Result noted in part II of Form 17C and that noted down in Item 5: Part I: Form 17C After completing form, counting supervisor to sign it Request candidates’/agents’ present at table to also sign . Counting Supervisor should then hand over duly completed 17C to RO. RO to countersign in part-II of 17C after satisfying himself. Thereafter 17C should be sent to the Officer compiling final result in Form 20. Observer to do parallel counting of 2 PSs, randomly selected, with the help of Addl. Counting staff to get satisfied that votes tally with Form 17C On basis of individual Form 17C, RO to get prepared a round wise statement in the prescribed format. RO and Observer to sign it after necessary checks. Announce the votes polled against each candidate round-wise after having it written on a black board so everyone can see. A copy of round wise result to be kept in Obs .folder and one copy to each candidate.

74 Counting of votes recorded in EVMs
Round wise statement proforma

75 Counting of votes recorded in EVMs
Officer compiling result in Result Sheet in Form 20 will do so strictly as per entries in Part II of Form 17 C. He will note down no. of tendered votes polled, if any, in Form 20. Take note that these are not be counted. For AC, Final Result Sheet, You need to prepare only Part I of Form 20 where you mention no. of postal votes received by each candidate. In LS election Part II also to be filled up. After all details have entered in Form 20, strike the grand total credited to each candidate, grand total of postal and votes polled at PS Carefully check entire Form 20 if all entries have been made for every PS and it is not incomplete Grand total should be struck accurately as discrepancy in the form will affect the result of election and declaration of result. This will invite severe disciplinary action

76 43

77 44

78

79 Sealing of EVMs and other papers
After counting of one round is over, the EVMs have to be re-sealed Resealing to follow procedure as given: Remove battery and re-seal Cand-set Section Close outer cover of result section and reseal it Keep CU in carrying case Reseal Carrying case Attach address tag containing following details: Particulars of election Name of constituency Particulars of PS where CU used S. No. of CU Date of Poll Date of Counting Put SECRET SEAL in addition to your own, on all above seals Election Papers that require to be sealed are (Refer Rule 93 (1) of the Conduct of Election Rules 1961):

80 After sealing of EVMs and election papers, RO should draw up proceedings of counting process mentioning, inter alia,-: * Full particulars of candidates/agents present in counting hall * Fact that they were asked to affix seals on voting machines and packets of election papers, if they wished. * Particulars of persons who had affixed such seal and those persons who refused to do so * Sign the proceedings and obtain signs of the candidates/agents as present and willing to sign. The proceeding should be kept in a sealed cover along with other election papers.

81 Affix seals of candidates/agents if they wish
After all packets are sealed, Secret Seal should be put in separate packet Affix seals of candidates/agents if they wish The secret Seal should be returned IMMEDIATELY after such sealing to ECI Send through registered insured post To be returned to Commission within 24 hours after counting is completed.

82 Declaration of results
Result declaration after: Completing and Signing Form 20 Obtaining necessary approval from ECI, wherever needed. Obtaining No Objection from ECI’s Observer Any request for recount , if received, has been duly disposed of by a speaking order of the RO. Declare the result by loud announcement

83 Observer’s No Objection
Declaration of result Observer’s No Objection

84 Declaration of result Formal declaration of result should be made by RO in either Form 21C or Form 21D :- Form 21 C for General Election Form 21 D for bye election Name and address of elected candidate to be as per list of contesting candidates [FORM-7A] Date of declaration is date on which result is declared and not date of dispatch of declaration to appropriate authorities. Complete and certify return of election in Form 21E. Forward signed copies of 21E to ECI & CEO of your state You can supply copy of the 21E to an applicant on payment of Rs. 2/- fee [Rule 93(3)].

85 Form 21 C

86

87 Report result of election to:
ECI by fax/ (Without any failure) Chief Electoral Officer of State Secy. Gen. Lok Sabha/ Secretary of State Legislative Assembly Director of News Services, All India Radio, New Delhi AIR Station in State HQ Director, Doordarshan Kendra, New Delhi Information Officer, PIB, New Delhi Ministry of Law Govt. of India/ State Govt.

88 Declaration of result As soon as candidate is declared elected, you should grant to such candidate, a certificate of election in Form 22. Only candidate or in his absence to a person duly authorized by the candidate and who is personally known to the RO, can receive the certificate of election from RO. Obtain acknowledgement of its receipt duly signed (in any language) by the candidate from the candidate or the person authorized by the candidate. Only 4 persons can be present at this occasion excluding the candidate or duly authorized person by the candidate for receiving the certificate of election from RO. Signature has to be attested by RO only before dispatch to the Secretary of state LA/ the Secretary General of the Parliament Send this acknowledgement by registered Post with AD.

89 Form 22: Certificate of Election

90 Acknowledgement from returned candidate
Declaration of result Acknowledgement from returned candidate

91 Report on the Election By the Returning officer
Precautions while filling Index Cards : 1. Name of the candidate must be exactly as it appears in Form 7A. 2. Political Party’s name must be written in full, and not in abbreviation. 3. RO’s seal and sign must be there in original and ink [ No Photocopy etc After Counting : a) Sealing and storage of polled EVMs as per ECI guidelines. b) Returning secret seal as per ECI guidelines. ALLEGATION AGAINST POLLING STAFF Report on the Election By the Returning officer This report is called as Annexure 48A This for Contains Total 48 important issues which covers all election process

92 Thank You ALL THE BEST


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