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Rajasthan State Election Commission Rajasthan

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Rajasthan State Election Commission Rajasthan Powered By Docstoc
					 State Election Commission
          Rajasthan
          Presentation
              for
Dy. District Election Officers
  and Returning Officers
               in
MUNICIPAL GENERAL ELECTIONS –2009
           (RAJASTHAN)
                                    1
                  Preliminary

   General Duty of District Municipal
    Election Officer
   To co-ordinate and supervise all work in
    connection with the conduct of elections in
    the municipalities. He shall be in the overall
    charge of the conduct of elections to the
    municipalities in the district. (Sec. 17 of Raj,
    Municipalities Act, 2009 and Rule 8 of Raj.
    Municipalities (Election) Rules, 1994.)


                                                       2
General Duty of Returning Officer
   To do all such acts and things as may be
    necessary for effectively conducting the
    elections. (Rule 9 of Raj. Municipalities (Election)
    Rules, 1994 read with other provisions.)


Asstt. Returning Officer
   R.O. includes ARO – ARO will assist the RO (Rule
    2 (m) and Rule 9 of Raj. Municipalities (Election)
    Rules, 1994
                                                       3
Reading Material
 Constitution of India (Relevant provisions)
 Representation of People Act, 1951
 Rajasthan Legislative Assembly Members (Removal of
  Disqualification) Act, 1956.
 Indian Penal Code, 1860 (Relevant provisions)
 Rajasthan Municipalities Act, 2009 (Relevant provisions)
 Rajasthan Municipalities (Election) Rules, 1994 as amended
  on 23.10.09
 Rajasthan Municipalities Registration of Electors Order,
  1974.
 Margdarshika for Presiding Officers.
 Manual for EVM operations.
 Instructions/Directions of State Election Commission.
 Model Code of Conduct.
 Booklet showing Proformas for Statistical Statements
                                                         4
          ELECTORAL ROLLS

     Final Publication of Electoral Rolls
)Clause 15 of Raj. M. Reg. of Electors Order'74 and SEC's No.
                       1806 dt. 19.6.09)
   A complete copy of electoral rolls including
    list of amendment should be available for
    inspection at ERO's office and municipal
    office.

                                                          5
         Availability of sets of rolls
              (SEC's No. 1741 dt. 7.7.95)


   At least 25 complete sets should be
    available for (a) final publication (b) for
    recognized political parties (c) for working
    copies (d) for permanent record (e) for
    reserve / sale.



                                               6
      Supply of rolls to recognized
            political parties
            (SEC's No. 299 dt. 14.10.94)


 Sets for recognized parties should be
  given to their authorized representatives.
 Complete copies of electoral rolls should
  be supplied to recognized political parties.


                                             7
       Preparation of working copies
               (SEC's No. 1822 dt. 18.7.95)
   Each polling party shall be supplied with 3
    complete sets.
   Two copies will require for R.O. and for his
    office.
   Each page to be authenticated by E.R.O.
   Each set shall have the deletions made in RED
    INK in the basic roll.
   Corrections may be carried to the entries in the
    basic roll.
   Work out the data of men, women and total.
   The entries relating to 'EDC or "PB", if any, are
    to be made.
                                                    8
    Deletions, additions, alterations and
       transposition of entries in rolls
    (Clause 17(3) of Raj. M. Reg. of Electors Order'1974 and Rule 10 of
                        Raj. M. (Election) Rules, 1994)
 Application can be submitted at any working day
  even after last date of nominations, but no
  alteration can be made in electoral roll after the
  last date of nomination till the date of
  completion of election.
 Supplements shall also be prepared after
  decisions under clause 17, 17A, 17B, 17C and
  18.
                                                                          9
      Sale of copies of Electoral Rolls
             (SEC's No. 431 dt. 24.10.94)


   Sale price is Rs.2/- per printed page and
    Rs.4/- per both side pages (printed on
    both side).




                                            10
            POLLING STATIONS
           Selection of polling stations
 (Rule 2(k) and 27 of Raj. M. (Election) Rules, 1994 and SEC's No. 7 & 8
    dt. 27.8.94; No. 224 dt. 28.9.94; No. 1580 dt. 6.6.95 and No.857 dt.
                      4.10.99 & No. 1806 dt. 19.6.09)
 DEO has been nominated by SEC to establish polling
  stations.
 Before finalization of polling stations, consultation with
  representatives of recognized political parties is necessary.
 As far as possible buildings of polling stations set up in Lok
  Sabha/Vidhan Sabha elections may be selected.
 Norms prescribed by the SEC be followed.
 Maximum number of voters in a polling station will be
  1200.
 List of polling stations be prepared.
                                                                      11
     Printing of lists of polling stations
   Sufficient copies be printed.


    Publication of lists of polling stations
            (SEC's letter no. 224 dt. 28.9.94)
   List should be exhibited for general
    information at the notice board of DEO,
    RO and at two conspicuous places of the
    ward.

                                                 12
    Sale of the lists of polling stations
(SEC's order No. 513 dt. 7.11.99 and Message No. 4002 dt.
                         18.11.04)
 Copies should also be made available for
  sale at price fixed.
 Sale price of list is Rs.2/- per printed side
  of a page and Rs.4/- per both side pages.
  (printed on both sides)
 Two copies of list be supplied to each
  contesting candidate free of cost.
                                                        13
             Temporary structures
   Temporary structure should not be established.

         Arrangements at PS for poll
 Necessary furniture for poll.
 Ramps for physically challenged persons is
  mandatory in all PS. In the PSs where
  permanent ramps have not been provided
  temporary ramps should be provided – Give
  wide publicity about provisions of ramps.
 Drinking    water and shade for voters
  convenience.
                                                     14
 List of phone no. of PSs or nearest phone
  number and details of contact person         be
  prepared in advance.
 No office of any political party or candidate
  should be allowed within 200 meters radius of
  P.S.
 Requisioning   of building. If necessary, take
  action u/r 76 of Raj. Municipalities (Election)
  Rules, 1994.

                                               15
         ELECTION MATERIAL
       Availability of election material

   Election material such as Presiding Officer's
    brass seal, arrow cross marks seal, metal rule,
    boxes for sealing of election papers, voting
    campartments, stamp-pads, iron nails, etc. be
    checked and additional demand, if any of items
    be communicated to SEC for allotment of budget
    or supply from SEC, as the case may be.

                                                  16
     Books, Forms, Envelops and stationery
          items- supply to the districts
                      (As per SEC's letters)
   Ensure that all types of form, (stationery or non-
    statutory) envelops and other material both for ward
    election and Chairperson election have been procured
    from SEC's stor.e
   Form for appointment of polling parties to be generated
    from computer.
   Final result sheet (Form 21 or Form 21A) and Part II of
    Form 14C or 14CC should be generated through
    computer.
   Ensure that updated books have been procured. These
    are available at website www.secraj.nic.in. also.
   Ensure that arrangements have been made for items
    which are to be purchased by DEO level.                 17
Checking of additional requirement of
         forms envelops etc.
   After careful checking of forms, envelops,
    stationery items and other election material
    communicate to the SEC regarding additional
    requirement, if any.

    Indelible ink, Pink-paper seals and
                  Strip seals
               (SEC's allotment orders)
   Supply be taken from stores of SEC as per
    allotment. Fresh stock of indelible ink should be
    used.
                                                        18
      Preparing packets of polling material
         (Annexure-18 of Margdarshika for presiding officers.)
   Packets of polling material for simultaneous elections as
    per standard list given in Ann.-18 of Margdarshika for
    PrO be prepared for each polling station.
   Copy of specimen signature of candidates and their
    election agents for both (Ward + Chairperson) elections
    will be given to polling parties.
   Card board model of ballot unit also to be given to
    polling party for explaining voting process to voters.
   PrO diary form should be serially numbered keep proper
    assist thereof. One diary for both elections.



                                                                 19
                     Forms

   Handwritten, type written, photostate,
    cyclostyled or privately printed versions of
    forms so long as texts of the forms, have
    been correctly copied be accepted freely.



                                               20
ELECTRONIC VOTING MACHINES
               (SEC’s No. 3359 dt. 25.9.09)
                      Availability
   Two separate sets of EVMs (CU+BU) for each election,
    i.e. Ward election and Chairperson election.
   Requirement of EVMs be assessed (a) for use in poll per
    polling station + 10% reserve. (b) For training purpose –
    10% of number of polling station. (c) Reassessment of
    BUs if the number of contesting candidates becomes
    more than 16.
   EVMs borrowed from ECI (through CEO, Rajasthan) will
    be used.
   Procure/transport the EVMs as per allotment of Election
    Deptt.
   All EVMs, will be entered in a register. – Unique Machine
    No. be entered in a register.
                                                           21
                      Checking
 Checking of each and every EVM be done by staff
  deputed by DEO.
 Nominate an officer-in-charge (OIC) for this purpose.
 All switches be checked.
 All EVMs be tested with dummy votes for each
  candidate.
 Checking will be done at district H.Q. in presence of the
  O.I.C.
 A sticker (in yellow color), duly signed with date by
  checking staff and OIC; shall pasted on the back side
  checked of BU and CU.
 The Unique Machine No. (Inscribed by manufacturer) to
  be indicated in the register.
 Defective EVMs should be kept separately for follow up
  action for rectification by BEL engineers.
                                                         22
                      Storage

   All checked EVMs be kept safely under proper lock
    and key.
   Log-book be maintained

                     Batteries

   During training session and for checking of EVMs,
    old batteries in good condition can be used.
   All prepared EVMs (to be used in poll) must have
    new batteries.
   Procure new batteries, as per requirement, from
    SEC office.
                                                    23
Segregation of EVMs to be used in poll
  process and for use in training purpose


   A database of CUs and BUs, containing Unique Machine
    Nos. be prepared at district level.
   EVMs for training purpose and for use in poll process to
    be segregated.
   CUs and BUs so segregated for training purpose shall be
    distributed municipality wise – A sticker in pink color
    shall be affixed at front side of such CUs and BUs –
    These EVMs shall not be used in poll process.
   Municipality wise list of training EVMs with Unique
    Machine Nos., be exhibited on the notice board of DEO
    and RO.
   Training EVMs shall be distributed to relevant officers.
                                                          24
                Randomly allocation of EVMs to
            Returning Officers for use in poll process
   CUs and BUs, segregated for use in poll process, shall be distributed randomly
    to each R.O. as per requirement based on number of polling stations. BUs in
    excess of number of CUs, be kept as reserve in the district.
   A list of all CUs and BUs, indicating Unique Machine Nos., be prepared and
    signed by RO and representative of DEO – The list will be exhibited on the
    notice board of the office of DEO and RO. The list will be given to the district
    representatives of each recognized political party and a receipt be obtained.
   R.O. of the municipality will keep the all CUs and BUs, so allotted for use in poll
    process, in his safe custody, at municipal headquarter – EVMs will be taken to
    RO's strong room under proper escort and will be sealed and guarded.
   In case of Municipal Councils and Corporations EVMs can be stored in more than
    one hall. In such case Ward Nos be allotted to each hall in the charge of ARO.
   EVMs for Ward election and EVMs for Chairman election be stored in separate
    rooms.
   Proper log book shall be maintained in the RO's strong room.




                                                                                   25
               Preparation of EVMs

   Advance planning for ward wise preparation of EVMs, for
    Chairperson election EVMs will be prepared seperately in
    separate room.
   Advance preparation of Register, address tags etc. to save
    time.
   EVMs will be prepared ward wise by RO in the presence of
    candidates / their authorized representatives and
    Observers, if any, :-
    (a) Fixing ballot on BU – after signing by RO on its back
        with seal.
    (b) Installation of new batteries and setting of
        candidates.
    (c) Sealing of candidate section.
    (d) Follow step-by-step operation of BU and CU.
    (e) Ensure proper alignment of ballot with panels of      26

        candidates (in BU)
 ……..Preparation of EVMs




 Advance intimation about the place and time will be
  given to the contesting candidates.
 Mock poll/testing of EVMs should be done for satisfaction
  about functioning of the EVM.
 Candidates/their agents be allowed to put their seals on
  address tags alongwith the seal of RO.
 AROs under overall supervision of RO, will prepare the
  EVMs.




                                                         27
        Selection of EVMs for preparation for poll
   CUs and Bus for Chairman election will be selected randomly for
    each polling station.
   CUs and BUs for ward election, will be selected randomly for each
    ward – Only checked EVMs stored in the hall will be used.
   Immediately after selection of EVMs for a ward (in case ward
    election) or for a polling station (in case Chairman election), EVMs
    will be prepared.
   In cae of member election one-by-one ward will be taken.
   After preparation of CU and BU, allot polling station number to
    every CU and BU. – Name of municipality, Ward No. and allotted
    P.S. No. will be indicated in the yellow sticker (on backside of CU
    and BU).
   Copy of list of prepared EVMs indicating Ward No., Polling Station
    Number and Unique Machine No. be given to candidates/ their
    agents, immediately after EVMs for a ward are prepared.
   Remaining EVMs will be kept as reserve.



                                                                      28
         Identification stickers
 Before preparing EVMs white stickers (size 3x6
  cms) to be pasted on top of the cover of
  Battery/Cand. Set section of CUs to be used in
  ward member election.
 Similarly Pink stickers (size 3x6 cms) to be
  pasted on the top of the cover of Battery/ Cand.
  Set section of CUs of Chairman election.
 Similarly white stickers or as the case may be,
  Pinks stickers be pasted on carrying boxes of
  CUs and BUs.
 Care should be taken that CUs and Bus of both
  election not to be mixed.
                                                 29
               Address Tags
   White address tags to be used for CUs and
    BUs of Ward Member election.

   Pink address tags to be used for CUs and
    BUs of Chairman election.




                                               30
     Safe Custody of prepared EVMs

 Prepared EVMs to be used at PSs, and kept as
  reserve be stored in safe custody under double
  lock. EVMs of member election and chairman
  election be kept seperately. Strong room should
  be     sealed    with  RO's/ARO’s    seal   and
  candidates/representatives should also be asked
  to put their seals.
 Log book should be maintained regarding
  opening/sealing etc.
 Opening of strong room-prior intimation to
  candidates is must
                                                31
    Distribution of EVMs to polling parties
   In case of transportation of EVMs to dispersal centres,
    Observers and candidates be informed of movement plan.
    Proper security be given. Adequate security staff be posted
    at dispersal centres.
   EVMs be given only to Presiding Officers after obtaining
    their signatures. PROs also to check that proper EVMs are
    given to them.
   Particulars of BUs and CUs, allotted PS No and Ward no.,
    and election i.e. member or chairman, be recorded.
   Presiding Officers should be briefed to compare the
    machine number and the adhesive sticker and also verify
    the PS No. indicated on the sticker compared with PS No.
    mentioned in address tag.
   In case of replacement of any EVM, prior to poll or during
    the poll, written information be given to concerned
    candidates also.
                                                             32
    Maintenance of records of EVMS


 Register for full particulars of prepared
  EVMs to be maintained. It should show
  that which BU/CU was used for which
  election and at which PS in which Ward;
  which CU/BU was replaced etc.
 Proper account - when received back.


                                          33
               Safe custody of polled EVMs
   Separate rooms for storage of separate election.
   After poll, two tier security arrangements be done.
   Necessary fire fighting equipments around all strong rooms.
   CCTV Cameras be installed, wherever necessary.
   Concerned Candidates or election agents or authorized persons be
    permitted to affix their seals on the doors and windows of the strong
    room and they may kept a watch from a considerable distance.
   EVM deployment account indicating the CU No. used in poll, Ward
    No., P.S. No. for both election, seperately, should be displayed in the
    counting hall.
   In case of repoll, a tag "Not to be counted" should be put
    prominently on the old EVM and another tag "Re-poll EVM – to be
    counted" shall be put on the new EVM – Tag should be duly signed
    by RO.




                                                                        34
            Videography of Events


   All important stages viz-preparation of EVMs,
    sealing of EVMs, sealing of strong room, opening
    of strong rooms etc. should be fully covered with
    videography and records be kept properly.




                                                    35
    PERSONNEL MANAGEMENT
              Officers and staff
               (Sec. 19 of Raj. M Act, 2009)

 All officers and staff related to election duties
  including police personnel shall be deemed to be
  on deputation of SEC during election process.
 Deployment of staff for – following categories :-
  (a) Presiding Officers and Polling Officers
  (b) Area/Sector/Zonal Migistrates.
  (c) Police personnel
  (d) Counting supervisors/assistants.
  (e) For office work etc.
                                                  36
    Appointment of Returning Officers/AROs
              (Rule 9 and SEC's letter No. 1675 dt. 24.6.95)

   Preferably officers of the RAS cadre be appointed.
   For Councils and Corporations RAS Officer in senior scale
    or of higher status be appointed as Returning Officer.
   Appointment of RO/ ARO – Publication in gazette not
    required. In view of direct election of Chairman, extra
    ARO/AROs to be appointed.
   DEO may send the list of Returning Officers in their
    district to all recognized political parties at once. This will
    enable authorized representatives of each political party
    to send notices to Returning Officer giving names of
    official candidates of recognized parties for which symbols
    have been reserved.
   Approval of SEC may be obtained, for appointment of
    R.O.

                                                                37
     Appointment of polling parties
        (Rule 28 and SEC's letter No. 2164 dt. 24.8.04)

   Polling party shall consist –
    (1) One presiding officer – (Gazetted rank or
    equivalent status), and
    (2) Four polling officers at a polling station
    having less than 1000 voters and five polling
    officers having more than 1000 voters.
    (3) Four/five polling officers includes two IV
    Class servant.
   Municipal staff not to be deployed in polling
    party.
   Staff of central govt./P.S.U. of central govt.
    not to be deployed.
                                                          38
……..Appointment of polling parties



   Staff affiliated with a political party not to be
    deployed.
   In Municipal Board employees posted or resides
    in that board not to be deputed.
   In case of Municipal Council and Corporations
    staff posted or resides in the ward shall not be
    deployed in that ward.
   In case of municipal council/corporation half of
    the polling staff shall be deputed from the
    outside the city.
   Every polling party shall consist rural staff and
    urban staff in 50:50 ratio.
                                                    39
             Facility to polling staff
       (Rules 46-A, of Raj. M. (Election) Rules, 1994)


   In case of municipal council/corporation a
    person on election duty at a polling station in a
    ward or a municipality, other than the ward or a
    municipality where at he is a voter and due to
    his election duty he is unable to vote at the
    polling stations in that ward or a municipality, he
    may be issued postal ballot paper after
    fulfillment of due procedure.

                                                         40
    Compilation of the list of offices
            and institutions
 Prepare a list of the offices from which polling
  personnel will be drawn.
 Particulars like name, sex, residence Ward No.,
  work place Ward No, designation, office, pay
  scale, etc. about staff be obtained.
 No department / office be left out except those
  exempted by SEC.
                                                 41
        Staff – which can be deputed on
                   election duty
    Art. 243 ZA of the Constitution and Sec. 18 (3) of Raj. Municipalities
                                     Act, 2009
       On demand the following shall make available staff for
        election related duties.
          (i)     Every department of State Government.
          (ii)    Every local authority.
          (iii)   Any institutions/concern/under-taking which
                  is established by or under a State Act or
                  which is controlled or financed wholly or
                  substantially by funds provided directly or
                  indirectly by the State Government.
       Staff of Central Government cannot be deployed.
                                                                             42
   Details of staff available may be compiled.
   Classification of staff for Area/Zonal Magistrates,
    Presiding Officers, Polling Officers, Counting
    Supervisors, Counting Assistants should be
    made tentatively.
   Register of polling personnel with classification
    to be maintained.
   Judicial Officers shall not be deployed.
   Staff of offices relating to essential services
    should not be deputed.
   Physically handicapped persons should not be
    put on election duty.
                                                      43
Grouping by proper mixing of
 polling staff
 Random Number Generation Technique should be
  adopted for deployment of polling personnel.
 Ensure proper mix of polling staff drawn from different
  offices and departments.
 Presiding officers and polling officers may be classified
  on the basis of scale of pay and their post and rank.
 Senior officers should not be appointed as presiding
  officers.
 There should not be too much of strain on a particular
  department/ organization.
                                                         44
    Appointment of polling parties.
           and facility of PB
    Rule 46-A, of Raj. M. (Election) Rules, 1994
 Polling staff be formally appointed in
  prescribed form.
 At least 5% polling parties may also be
  formed as reserve.
 Appointment letters shall be given in
  duplicate so that staff may enclose one
  copy with Form 15A while applying for
  postal ballot papers.                            45
              Training to polling parties.
        SEC's letter No. 2164 dt. 24.8.04 and letter dated 26.10.09
 Training shall be imparted in three phases.
 In the first and second phase training shall be
  imparted to presiding officers and first polling
  officers and 3rd phase training to all the party
  members.
 Training to reserve parties also.
 Training sessions for teaching staff be conducted
  on holidays or after teaching hours.



                                                                      46
                 Issue of EDC's./PB to staff
    (Rule 46-A of Raj.M.(Election) Rule, 1994 SEC's letter no. 2164 dt.24.8.04)

   Election duty staff is entitled for EDC if he is the
    voter on election duty in the same ward but as per
    direction of SEC staff can not be deployed in the
    same ward wherein he resides. Therefore, no need of
    EDC.
   In case a person is deployed for election duty in a
    ward other than the ward or municipality of which he
    is an elector, then he may be issued postal ballot
    paper.
   Sufficient quantity of form No. 15A be made available
    at training centres.
   Sets of electoral rolls may also be made available at
    training centres for inspection of polling staff.
                                                                                  47
     TA/DA and out right payments to
              polling parties
               (As per rates decided by SEC)
   Proper arrangements should be made for
    advance payments of DA/TA and outright
    charges – to the polling parties.
     Accommodation for polling parties
   Parties should be lodged at polling stations itself
    and in no case they may be provided
    accommodation at the residences of any private
    persons.
                                                      48
 Vehicles provided for the transportation of
  the polling parties should be in good
  condition and shape and completely free
  from the dirt and smell and fit for
  transportation.
 Proper amenities at training venues,
  dispersal centres / reception centres.
 Health care / first aid.
 Basic amenities at PS.
                                           49
    Counting Supervisors and Asstts.
      Availability and Requirement
        (Rule 59 of Raj. M. (Election) Rules, 1994)

 In view of simultaneous elections of ward
  member and chairman number of contesting
  candidates and space available in counting halls,
  requirements of counting personnel be assessed.
  Reserve parties should be formed.
 Formal appointment by R.O.
 For appointment of counting staff previous
  approval of DEO may be obtained.
 One counting supervisor and one counting agent
  is sufficient for a table.
                                                      50
      IMPARTING TRAINING TO POLL
    PERSONNEL/COUNTING STAFF ETC.
         Training for various groups
   RO/AROs of Municipalities
   Resource persons (Trainers)
   Police personnel / Area Magistrate / Zonal
    Magistrates
   Presiding Officers and Polling Officers
   Counting Supervisors / Assistants
   Despatch and receipt staff engaged in material
    distribution/collection
   Staff related to compilation of information
   Separate training module for various poll
    personnel.                                  51
          Training to polling parties
   Selection of training Venues – Not more than 50
    persons to be trained together
   In first training 20% extra staff be called
   Ist and 2nd training limited to PrOs and PO Ist
   Relevant electoral rolls be facilitated at training
    centres
   A model kit having polling material for the use of
    polling party should be kept in training class.
   3rd training to PrO and all POs.
   Separate 'Hands on' training also be given.
   Special emphasis on points on simultaneous
    elections.
                                                      52
   3rd and Last training on despatch day – Entire
    polling team to be called
   On last training day, facilitation centre for
    marking and deposition of postal ballots.
    Arrangement for attestation officers – Briefing
    about procedure.
   Last moment EVM training and briefing on the
    departure day
   Arrangements for advance TA/DA and outright
    charges
   Videography of training process
   Training should be organised in smaller groups
                                                  53
                     EVM Training
    More emphasis for "Hands on" training
    Besides operation of machine, "hands-on" training on
     the following :-
    a) Connecting the BU with CU and switching on/off the
        battery.
    b) Mock poll conduction and certification seperately for
        both election.
    c) Clearing of data after mock poll
    d) Preparation for poll.
    e) EVMs with Pink stickers and Pink address tags for
        chairman election and EVMs with white stickers and
        white address tags for member election.

                                                          54
  Irreversibility of the 'close' button;
 Proper sealing of machine –
  a) Before commencement of poll – pink paper
      seal, colored address tag, special tag, strip
      seal etc.
  b) Final sealing after close of poll
 Precautions, Trouble shooting, DOs & DONTs




                                                  55
               Training on other items
   Procedure/instructions as given in Margdarshika for
    simultaneous elections.
   Duties of PrO, PO-I, PO-2, PO-3 and PO-4 (including
    duty of extra PO, if any)
   Checklist for Presiding Officer – as provided in
    Margdarshika.
   Use of postal ballot papers, if any.
   Poll day arrangements inside polling stations; separate
    sets of EVMs with different colored stickers and colored
    address tags, separate voting compartment to be secure
    & secluded. Only authorized persons to be allowed inside
    PS.
   Polling agents not allowed to be exchanged by relief
    agent after 3 PM.                                      56
 Agents to be given copy of Form 14-C or 14CC. (Account
  of votes)
 Polling agent not to be allowed to take out their marked
  copy of roll out side the PS.
 Issues related to identification documents of Voters.
 Separate Mock poll certificates by PrO for both election
  in prescribed format i.e. form of declaration of PrO.
 Not to show any excitement and get overwhelmed, when
  some VIPs/glamorous personalities come to caste their
  vote.
 Identification colored stickers.
 Marking of indelible ink on left fore finger of the elector.


                                                            57
 Filling up of 14A – (Identification document and only last 4
  digits of No. to be written in remarks column).
 Tallying of 14A, 14C/14CC and the EVM count
 Writing of Presiding Officers Diary – no column should be
  left blank – filling of columns for both election in one diary
 Proper and correct filling up of statutory/non-statutory
  forms for simultaneous election.
 PrO not to go to voting compartment and 'assist' the
  voters – agents to accompany him when he has to go in
  special circumstances.
 PrO to explain to a voter, if needed, the voting process
  using the card board model of EVM
 Polling personnel should be sensitized about the special
  needs of the disabled, for courteous behavior towards
  them and for providing necessary support to them at PS.
                                                             58
    Training to other Officers / staff
 Training     to   Counting      Supervisors    /
  Assistants and other staff engaged for opening
  of Strong Rooms, preparing result sheet, sealing
  of record etc.
 Training to Police Personnel
   -Sensitive/Hyper sensitive polling stations-
    Measures thereat.
   -Vulnerable mapping and confidence building
    measures.
   -Special drives for preventive measures
   -About force deployment at polling stations
   -Poll day management
                                                59
-MCC provisions
-Electoral offences
-Misuse of money power and election expenditure
-Defacement of public properties
-Publication of election pamphlets etc., u/s 127A
-Communal harmony
-Poll day and counting day duties
-About election machinery and contact numbers
-About restrictions imposed by SEC u/s 23 regd. Use of
 vehicles, loudspeakers, parties etc.


                                                    60
   Training to special Executive Magistrates –
    About their duties – Relevant Cr. P.C. provisions
    – Poll day management – Poll procedure.

   Training to officials, if any, deployed for
    photography inside / outside the polling stations
    (as specially identified) – Sequence of
    photography as per voters' register (Form 14A)
    – Depositing camera/CD/DVD/hard & soft copies
    of photos along with certificate.


                                                    61
    GENERAL ARRANGEMENTS
             Municipal Election Plan
    Prepare a municipality-wise profile giving
     details of the following :-
    1)   Important officials of district and municipal
         headquarter and their telephone numbers.
    2)   Geography
    3)   Ward-details and map of municipality showing ward
         boundaries
    4)   General law and order with ward/area specific
         details
    5)   Past electoral offences
                                                         62
    6)   Ward wise and polling station wise electors
         (Male/Female/SC/ST)
    Polling station – details :-
    1)   Ward wise number of PSs; number of PS locations,
         categorized by number of voters etc.
    2)   PSs accessible by which kind of vehicles, route
         chart;
    3)   Vulnerable hamlets
    Manpower requirement to be assessed for
     Area/Zonal Magistrates, polling parties and
     other arrangements. Database of particulars of
     staff of all State govt. offices/institutions/PSUs
     etc.                                               63
            Communication Plan
 Prepare list of telephone numbers of each PS
  along with particulars of contact persons, police
  stations/police posts.
 Prepare list of telephone numbers/mobile
  numbers of PrOs, POs, Spl. Executive
  Magistrates.
                 Security Plan
 Preventive action
 Identification of hyper sensitive/sensitive polling
  stations and measures.
 Force deployment plan for polling stations,
  dispersal centres, strong rooms and counting
  centres.
                                                    64
                 Counting Plan
   Identify and select the place at municipal
    headquarter for polled EVMs and counting of
    votes.
   Assess the requirement of counting staff.
   Other logistic arrangements, viz- CCTV Cameras,
    fire fighting equipments, barricading, security
    arrangements, light/generators etc.
   Online transmission of election results.
   Media arrangements.
                                                 65
               Selection of buildings
   Select the buildings for following activities :-
    1)   For checking of EVMs at district level
    2)   For storage of EVMs to be used in training
    3)   For storage of EVMs at municipal headquarter to be
         used in poll process. – Separate storage for member
         election and Chairman election.
    4)   For preparation of EVMs by RO at municipal
         headquarter
    5)   For dispersal centres at municipal headquarter
    6)   For reception centres, safe custody of polled EVMs
         and counting of votes at municipal headquarter

                                                          66
                 Control Room

 Control room should be well equipped
 Control room at district level and RO level




                                                67
        Teams for observance of MCC
   Adequate number of teams for observance of
    model code of conduct be set-up.
   MCC team comprising with a civil administrative
    officer, a police officer and a videographer
   Complaint – monitoring system – Nodal Officer
   Register to be maintained for complaints
   Action taken reports and daily monitoring
   Daily information for each municipality to be
    sent to State Election Commission.
                                                  68
           Formation of various cells
        Various cells to be formed for various events
         for example :
    1)    Polling personnel.
    2)    Polling stations.
    3)    Marked copy of electoral rolls.
    4)    Transportation.
    5)    Printing of Ballot papers.
    6)    Issue of postal ballot/EDC, wherever
          required.
    7)    Route chart (movement plan).
                                                     69
8)    Helpline and control room.
9)    Media Cell.
10)   Procurement and distribution of election
      materials.
11)   Liasioning with Observers.
12)   Counting staff.
13)   Training.
14)   Polling personnel welfare.
15)   Communication plan.

                                            70
16) Vulnerability mapping and hyper sensitive/sensitive
    polling stations.
17) Model Code of Conduct and videography.
18) Area / Zonal Magistrates.
19) EVMs – checking, distributions etc.
20) Complaint monitoring.
21) Arrangements at distribution centre, reception
    centre, counting centres.
22) Law and order.
23) Police personnel.
24) Statistical data cell.
25) Boarding/lodging of reserve parties.
                                                      71
     Meeting with Political parties

1) Meeting as often as may be convenient
2) Special   appeal to cooperate in the
   observance of MCC for free and fair elections
   and to maintain law and order
3) Minutes to be drawn – copy be sent to State
   Election Commission`



                                              72
                   Media Cell
1)   Appoint a nodal officer.
2)   Holding meetings with media.
3)   Giving        information        regarding
     nominations, undertakings of candidates
     and other events.
4)   Sharing with other informations.
5)   Coverage on poll day.
6)   Coverage on counting day.
7)   Authority letters to press personnel.
                                              73
            Facilities for Observers
               (SEC’s No. 3017 Dt. 8.9.09)
1)   Boarding. lodging in circuit house, transport
     and security to be arranged.
2)   Arrangement to be made to receive and see
     them off.
3)   Stationery, guide, PSO, secretarial assistance
     be provided.
4)   Fax facility and one telephone line to be
     provided at their place of stay and at counting
     centres.
5)   Liasion officer.
                                                   74
6) Give    municipality  map     showing   ward
   boundaries, list of PSs, table of contents of
   electoral rolls, booklet containing plan of
   election.
7) Their place of stay, dates of visits and
   telephone numbers should be publicated.
8) No guard of honour.
9) TA/DA be drawn from parental office.



                                              75
            Transportation - Assessment of
                         vehicles
1)         Assess tentative requirement of vehicles and
           the draft movement programme and ad-hoc
           earmarking of vehicles for election work.
2)         Prepare tentatively transport programme of
           polling parties.
3)         Transport arrangement for the following :
     i.      Observers,
     ii.     Area / Zonal Magistrates,
     iii.    Polling parties,
     iv.     Teams for observance of Model Code of Conduct,
     v.      Videographers.
                                                              76
              Movement Plan

1) Ensure that no polling station has been left
   out, in rout programme.
2) Programme should be most economical,
   convenient and feasible.
3) Chalk out programme – Zonal Magistrates
   should be made in charge for the transport of
   polling parties.


                                              77
          Requisitioning of vehicles
         (Rule 76 of Raj.M. (Election) Rules, 1994)
1)   For requisitioning first priority to govt. vehicles
2)   Vehicles should be in good condition and shape
     and free from dirt and smell
3)   Private vehicles like deluxe buses, A/c cars, etc.
     should not be requisitioned
4)   Vehicles should be taken over in view of actual
     necessity and in most economical manner
5)   Vehicles not to be retained unnecessarily

                                                       78
      Regulation of plying of vehicles
 (i) Sec.123(5) and 133 of RP Act, 1951, read with Sec. 28 of Raj. M.
        Act, 2009, SEC's instructions vide msg.no. 2289 dt. 23.08.95
       (ii) Sec. 23 of Raj M. Act, 2009 and SEC's order no. 7923
              dt. 25.07.2000 and order dt. 23.10.2009


1) Action should be taken against those vehicles
   who are plying in contravention of the
   provisions of Motor Vehicle Act.
2) District administration should keep a close
   watch on the vehicles for any possible mischief
   or criminal activities carrying of illegal arms,
   illicit liquor, anti-social elements. Such vehicles
   should be impounded and not be released till
   the completion of election.
                                                                    79
3)   Action should also be taken against those
     vehicles who are plying in contravention of the
     restrictions imposed by SEC, i.e. in excess of
     prescribed number, in prohibited manner and
     during banned period.




                                                  80
     Information regarding printing of
       election pamphlets, posters etc.
 Sec. 127A of P Act, 1951 read with Sec.23 & 28 of Raj M. Act, 2009
        and SEC's order No. 7923 dt. 25.7.2000 and dt. 23.10.09
1) Ensure whether printers and publishers in the
   district are complying the provisions of section
   127 A of R.P. Act, 1951.
2) All the Printing presses shall be informed within
   3 days from the declaration of election
   programme, in writing by the District Magistrate
   to furnish required information and printed
   material.
3) List of all the election pamphlets, posters etc
   shall be exhibited on the notice board of D.M.
                                                                      81
4) In case of any violation of the provisions of
   Sec.127A of R.P. Act, 1951 strict action against
   the offenders should be launched.
5) A press note be issued drawing attention
   towards provisions of Sec. 127 A of R.P. Act,
   1951; 171-H of IPC and Sec.23 of R.M. Act,
   2009.
6) A report be sent to SEC after completion of
   election.


                                                 82
Timely submission of information/data

1) Various types of daily information right from
   nomination, till result of election will be
   required by the SEC. Special care should be
   taken to forward such information on each day
   and at the stipulated time through e-mail etc.
2) Online submission of election results.




                                                83
         Dummy ballot papers

 Dummy ballot paper should not resemble
  in any manner the genuine ballot paper in
  size and colour.
 It should not contain the actual names
  and symbols of the other candidates.


                                          84
           Unofficial identity slips
(Sec. 130 of RP Act, 1951 read with Sec.28 of Raj.
                   M. Act, 2009)


   Identity slips should be on white paper
    and should not contain the name of the
    candidate or party and his symbol. These
    slips should not contain any slogan or any
    exhortation to vote for a party or
    candidate.

                                                     85
    Installation of temporary phones
          (As per SEC's sanction Orders)


 Sanction of some of telephones shall be
  issued by the SEC – Timely installation
  should be insured.
 Money deposited for such installations
  should be refunded after the expiry of
  period.

                                           86
    Authority letters for entry into polling
         stations and counting places
(Rule 29 and 60 of Raj. M. (Election) Rules, 1994 and SEC's
                Msg. No. 2311 dt. 24.08.95)
 Authority letters will be issued by the DEO and by
  no-one else as per directions of the SEC only
 On recommendation of PRO, the District Municipal
  Election Officer will take decision for the press
  personnel with regard to issue authority letters as
  per local circumstances and exigency.
 Authority letters issued as per SEC's directions
  only will be valid.
                                                              87
       Certain Orders to be issued by
                 DM / DEO
   Suspension of Arms license.
   Issue of prohibitory orders under section 144 Cr.
    PC in certain cases.
   Instruction for compliance of provisions under
    Defacement of Property (Prevention) Act.
   Prohibition of sale of liquor (declaration of dry
    day).
   Order relating to restrictions on use of
    loudspeakers.
   Declaration of poll day as local holiday (If
    required).
                                                    88
    ……Certain Orders to be issued by DM / DEO

   Inviting the attention of Govt. Servants towards
    relevant provisions of MCC and conduct rules.
   Sending proposal to the Law department for
    vesting powers of special executive Magistrates
    under the relevant provisions of CrPC to certain
    officers.
   Appointment       of     Area/     Sector/      Zonal
    Magistrates.     Requisition orders (if required)
    regarding buildings of Polling Stations, Counting
    Centre, Distribution Centre, Reception Centres.
   Requisition orders of vehicles.
   Issuing orders to the Petrol pump owners for
    keeping reserve stock of POL.
   Inviting the attention of recognized political Parties
    and candidates regarding compliance of Model
    Code of Conduct.                                         89
           LAW AND ORDER
               Daily reports on
           law and order situation

   A daily report to be sent to the SEC on
    Law and Order and election related
    violence, if any, along with preventive and
    remedial steps taken for security
    arrangements.

                                              90
     Law and Order and measures to
         prevent booth capturing
    (SEC's Msg. No. 750 dt. 22.11.94, and No. 2289 dt.
            23.8.95, Letter No. 232 dt. 29.9.94)
 Issue of new arms licenses should be prohibited.
 Intensive campaign to unearthen and seizure of
  unlicensed arms.
 Movement of trucks and commercial vehicles
  should be checked with a view to preventing
  movement of anti-social elements, smuggling of
  illict liquor and illegal arms.

                                                         91
……Law and Order and measures to prevent booth capturing




 Prohibitory orders banning the carrying of any
  fire arms and lethal weapons on the day of poll.
 Close watch to be kept on the vehicles for
  possible mischief including activities like carrying
  illegal arms, liquor etc.
 Thorough checking of lorries, light vehicles and
  all other vehicles from 3 days before poll.
 Restrictions on sale and consumption of liquor.




                                                          92
            Trouble-prone areas
(SEC's Msg No. 2289 dt. 23.8.95 and subsequent orders)
   Some factors to identify sensitive and
    trouble – prone areas:-
    (a) Past history of the area.
    (b) Past incidents of booth capturing etc.
    (c) Police records – regd. abnormal law
    and order situration.
    (d) Specific complaints.


                                                         93
……Trouble-prone areas




 Identification should made by D.M. in
  consultation with the S.P., and reports of field
  visits to the considered.
 Consolidated list of such areas may be sent to
  the SEC.




                                                 94
     Preventive actions for conduct of
               peaceful poll
(SEC's Msg. No. 2289 dt. 23.8.95 and subsequent orders)

   Preparatory steps are necessary for
    generation of an atmosphere conducive to
    the conduct of peaceful, free and fair poll.

   For ensuring peaceful and smooth conduct
    of poll contingent plan should be
    prepared.
                                                          95
    Prevention of intimidations, use of
         force etc. in the matter of
    nomination, withdrawal, voting etc
(Sec. 171-B, 171-C, 171-E & 171-F of I.P.C. and Sec. 29 of
                     Raj. M. Act, 2009)
   As soon as any complaint or information of
    prevention, intimidation, bribery, or undue
    influence at election is received by the RO/DEO,
    he shall report the matter to the Police
    authorities for making appropriate action.


                                                             96
 Close tracking by SHO on various activities of
  inducements such as payment in cash, supply of
  liquor, food packets, holding of lunch and dinner
  parties, distribution of gifts in the name of mass
  wedding etc.
 The field level election machinery / police
  administration should work as a team to track of
  mal practices. – Video coverage also of such
  events for sufficient documenting evidence.
 Watch on liquor transportation.


                                                   97
                     NOMINATIONS
            Notification of date of election
(Sec.11 of the Raj. M. Act., 2009 and Rule 78 of Raj. M. (Election) Rules, 1994)
   On the recommendation of SEC the State Govt. shall
    issue the notification calling upon the wards to elect a
    member from each ward, and to elect a chairman from a
    municipality.


         Public Notice for intended election
           (Rule 10 and Rule 78 of Raj. M. (Election) Rules, 1994)
 SEC will issue public notice in Form 1 and in Form 1A,
  that is to be published in official gazette also.
 Advance copy of public notice to be issued by SEC in
  Form 1 and 1A will be sent for information of R.Os.
                                                                              98
                     Public Notice
    (Rule 11 and 78 of Raj. M. (Election) Rules, 1994 SEC's
       letter no. 3077 dt. 30.10.99; No. 2060 dt. 8.8.95.)

 Public Notice in Form-2 and in Form 2A must be
  issued on the same day on which public notice
  (u/r 10 and 78) by the SEC is issued.
 The notice in prescribed Form-2 and 2A should
  be prepared well in advance.
 The notice shall be published on the office-
  notice board of DEO, R.O., Municipality and
  Tehsil and two conspicuous places in the ward
  and at the places wherever R.O. may consider
  necessary for wide publicity.
                                                              99
   Category of post of Chairman to be filled in Form 2A.
   Categories of wards to be filled up carefully in Form-2.
   Among other things it is to be specified in the notice the
    name of A.R.O. who will also receive nominations (in
    addition to R.O.) and also the place.
   Nomination papers will be received at municipal
    headquarter. Form-2 and Form 2A should be filled up
    accordingly.
   Normally one ARO should be specified in Form-2 and
    Form 2A and he should, as far as possible, be the one
    stationed at R.O's headquarters.
   Cyclostyled or typed copies of Public Notice be kept
    ready.
   Information be sent to SEC on the same day through e-
    mail.
                                                            100
     Presentations of Nomination Papers
(Rule 12 read with 78 of Raj. M. (Election) Rules, 1994 and SEC's No.
                           500 dt. 18.8.98.)
 For member nomination papers must be in Form
  3.
 For Chairman it must be in Form 3A.
 Nomination papers may be presented on the day
  of public notice or any of the four days following
  that day unless any of these days is a public
  holiday. – 7th Nov., 2009 not a public holiday in
  terms of N.I. Act.
 ARO should sign as "Assistant Returning Officer"
  and not "for Returning Officer".

                                                                    101
 Either RO or ARO must be present at the place
  specified in public notice on the days for
  nominations but on the last day which is always
  a crucial date and last opportunity to present
  nominations the RO himself (not ARO alone)
  should be present for receipt of nominations
  papers.
 Formats of three declarations/affidavit as
  prescribed by SEC, regarding conviction for
  offences and pending trial cases; regarding
  children and regarding property etc.; be supplied
  to the intending candidates as and when they
  are supplied form of nomination paper. These
  declaration / affidavit are deemed to be
  supplement of nominations.                     102
 Nomination papers shall be presented in Form-3
  or in Form 3A, as the case may be, by
  candidate personally or by proposer at the
  place specified in public notice and no other
  place.
 Nominations shall be presented between 10.30
  AM and 3 PM and no other time. If some
  intending candidates or proposers are physically
  present in the RO/ARO's office at 3 PM for
  presenting their nominations, their nominations
  should be treated as presented at 3.00 PM.
 Candidate should be a voter of any ward in the
  municipality.
 A Proposer can propose only one candidate.

                                                103
 A maximum of 4 nomination papers can be
  presented by or on behalf of any candidate or
  accepted in the same ward. In case more than 4
  nomination papers are presented only the first 4
  presented shall be considered and the rest
  summarily be rejected.
 In nomination paper no column should be left
  blank
 Oath or affirmation not required at this stage
  (i.e. for contesting election).

                                                104
        Preliminary examination of
             nomination papers
    (Rule – 12 read with Rule 78of Raj. M. (Election) Rules,
         1994 and SEC's No. 683 dt. 27.9.97; No. 694 dt.
     30.9.97; No. 766 dt. 15.10.99; No. 767 dt. 15.10.97; No.
                         500 dt. 18.8.98)

 As each nomination paper is filed RO/ARO
  should examine it then and there from technical
  standpoint, however no formal scrutiny be made
  at this stage.
 Each nomination paper should be signed by the
  candidate and proposer both.
                                                           105
 RO/ARO should compare the entries with the
  entries in electoral rolls. Entries relating to
  proposer should also be compared with entries
  in electoral rolls.
 Certified copy of entry in the electoral rolls need
  not be presented as the rolls of all wards of the
  municipality are available with Returning Officer
  and he should tally the entry with roll.
 A person belonging to SC/ST/OBC shall attach
  authenticated       copy   of    Caste/Tribe/Class
  certificate issued by a competent officer. Original
  certificate or any other documents can also be
  asked to be produced by the RO for verification.
                                                   106
   If the declaration prescribed by the SEC, are not
    filed alongwith nomination paper a written
    memo to be given to candidate/proposer at the
    time of nomination. These declarations can be
    filed separately before scrutiny of nominations.




                                                   107
                           Proposer
    (Rule – 12 read with Rule 78 of Raj. M. (Election) Rules, 1994)



 Any proposer can present nomination paper duly
  signed by candidate.
 On proposer – in case of a candidate setup by a
  recognized party.


                                                                      108
 For Member election - Five proposers of same
  ward in case of candidates not set up by a
  recognized party in this state)
 For Chairman election – Ten proposers of any
  ward in the municipality – in case of candidates
  not set up by a recognized party in this State.
 A proposer can propose only one candidate –
  where a voter has signed on nominations for
  more than one candidate, all such nominations
  other than the first one received shall be
  declared invalid.

                                                109
    Acknowledgement of nomination papers
     (Rule – 12 read with 78 of Raj. M. (Election) Rules, 1994)
 Give serial number on each nomination paper
  and enter the date and time also.
 When nomination papers are delivered in bunch
  they may be assigned serial numbers in the
  order in which they are dealt with one after the
  other.
 Acknowledgement as prescribed be given for
  each nomination paper, acknowledgement form
  may be filled up-mentioning therein also date
  time and place of scrutiny of nomination papers.
                                                                  110
    A register should be maintained entering each
     nomination paper by RO and ARO in one and
     same register. One page be allotted for one
     ward. Separate register for Chairperson.
                       Register
    Name of Municipality ..................Ward No.……..

    S.No.       Name of        Date of       Party
               Candidate       Receipt     affiliation
      1           2              3               4

                                                         111
    Information regarding convictions,
      regarding pending trial cases and
             regarding children
    (Sec.8 of R.P. Act, 51; and Sec. 24 of Raj. Mun. Act, 2009; SEC's
     circulars No. 683 dt. 27.9.97 No. 694 dt. 30.9.97 and No. 502 dt.
            2.6.99; No. 7900 dt. 24.7.2000 and dt. 24.10.2009)

   Every candidate is required to submit
    information in prescribed formats alongwith
    nomination paper before RO. These declarations
    are - (a) regarding any conviction for offences
    and trial for offences punishable with
    imprisonment of five years or more (b)
    regarding his children. Such information should
    be submitted by the candidate in the form of
    declaration.
                                                                         112
   When a candidate files nomination paper
    without aforesaid information, the RO/ARO shall
    hand over to the candidate the letter (in
    prescribed format) together with the proforma
    of an undertaking/ declaration to ascertain as to
    whether the candidature is valid from the angle
    of section 8 of R.P. Act' 51 and Sec. 26 of Raj.
    Mun. Act, 1959.


                                                   113
 Information in the form of declaration regarding
  conviction for offences and regarding children
  should be obtained from the candidates before
  time fixed for scrutiny of nominations.
  Preferably it should be obtained at the time of
  filing of nomination. – Written memo if not filed
  alongwith nomination paper.
 Information    regarding children should be
  obtained in 2 copies, one copy will be sent to
  the Collector.

                                                 114
    Informaton regarding criminal cases and
                  property etc.
           (SEC's order dt. 07.02.2004 and dt. 24.10.2009)
   In addition to aforesaid formats self declaration in mikcU/k-
    I (in case of ward member in municipal board), or
    Affidavit in mikcU/k-II (in case of ward election in muncipal
    council/corporation) or affidavit in mikcU/k –III (in case of
    Chairman/ President/Mayor election) must be taken from
    each candidate.
   Candidate is required to submit the mikcU/k-I or mikcU/k-II
    or mikcU/k –III as the case may be, alongwith the
    nomination paper.
   If the mikcU/k -I or mikcU/k - II or mikcU/k –III, as the case
    may be, are not filed alongwith nomination paper, it will
    be deemed as violation of orders of SEC, and the
    nomination paper will liable to be rejected during
    scrutiny.

                                                                115
             Notice of nominations
            (SEC's letter No. 2149 dt. 13.8.95)


   After 3.00 PM on each day ward wise list in case
    of member election of the nomination papers
    presented on that day in following format shall
    be published on the notice board of Returning
    Officer. Similar list for Chairman election also to
    be published. ARO should also do the same in
    respect of the nomination papers presented
    before him.

                                                     116
                   List of Nominations
               [Separate list for separate elections]

S.No. of    Name of Address      Symbol   Name of political party
nomination    the      of the  choosen in by which the candidate
  paper    candidate candidate  order of  claims to have been set
                               preference    up or Independent
                                                 Candidate
    1         2           3           4                 5


1


2



                                                              117
 Arrange names of candidates             in Hindi
  alphabetic order.
 If more nomination papers than one have been
  presented in respect of same candidate notice
  must be given of all of them.
 Display a copy of the list on the notice board of
  R.O.
 Daily intimation of the nominations to the SEC
  and DEO be given through e-mail latest by 4.00
  PM.

                                                 118
                      Deposits
        (Rule 22 of Raj. Mun. (Election) Rules, 1994)
 Sum may be deposited in cash with R.O.
 One deposit sufficient for each election i.e.
  member election or chairman election.
 Separate deposit in respect of each different
  ward.
 Women, OBC, S.C. or S.T. candidates may also
  contest from a non-reserved ward and in such
  case women/OBC/SC/ST candidates are entitled
  to make concessional amount of deposit.

                                                        119
    Candidate shall not be deemed to be duly
     nominated for member elections unless he
     deposits-
    a)   In a ward of M.Corp. – Rs. – 3000/- for general
         candidates; and for SC/ST/OBC/ Women candidates
         Rs. 1500/-
    b)   In a ward of M.Council Rs. 2000/- for general
         candidates;and for SC/ST/OBC/ Women candidates
         Rs. 1000/-
    c)   In a ward of M.Board Rs. 1000/- for general
         candidates;and for SC/ST/OBC/Women candidates
         Rs. 500/-

                                                      120
    For Chairman election – Nomination paper
     shall not be valid unless accompanied with a
     receipt of security deposit of sum as below:-
     (a) For the office of Mayor – Rs. 30000/- and in
     case of SC/ST/OBC/Women candidate – Rs.
     15000/-
    (b) For the office of President – Rs. 20000/- and
     in case of SC/ST/OBC/Women candidate Rs.
     10000/-
    (c) For the office of Chairman Rs. 10000/- and in
     case of SC/ST/OBC/Women – Rs. 5000/-

                                                    121
     Consolidated list of nominated
               candidates.
 Immediately after 3 PM on the last date of
  nominations a complete list of all nomination
  papers presented before RO and ARO, may be
  prepared.
 The names of candidates may be arranged in
  Hindi alphabetic order.
 The name of candidate to be mentioned once
  only.
 Symbols chosen in the first nomination paper be
  indicated.
                                               122
 In the case of a candidate set up by a
  recognized political party the reserve symbol
  may be shown.
 Even the more than one candidate has claimed
  to be set up by the same party, the name of
  such candidates may be included in the relevant
  category.
 Complete address of each candidate must be
  shown.
 Send a copy to SEC and DEO through e-mail.

                                               123
    Safe custody of nomination papers

 Nomination papers alongwith connected
  papers shall be kept in safe custody of RO,
  till transmission to safe custody in district
  treasury.
 A.R.O. should forward to R.O. for safe
  custody all the nomination papers received
  by him, if any, from day to day.

                                             124
       Materials to be kept with R.O.
    Returning Officers should have following
            books, forms, articles etc.

   Books.
(i)    Manual of Municipal Election Law along with
       Raj. Municipal Act, 2009 and Amended Rules
      of 2009.
(ii) Compilation of instructions of SEC.
(iii) Booklet showing statistical proformas.

                                                 125
........Materials to be kept with R.O.




 Upto date list of reserve and free symbols and
  their     facsimiles. (As per SEC's notifn dt.
  9.7.2009 and 24.10.2009)
 One up-to-date authenticated set of electoral
  rolls of all the wards of the municipality.
 Copy of both Public Notices issued by him.




                                              126
 ........Materials to be kept with R.O.



   Statutory forms - @ Rs. 1/- per form.
                    (SEC's order No.513 dt. 7.11.94)


(a) Form-3 and 3A - Nomination paper. (both in
    Hindi & English)
(b) Form-5 and 5A - Notice of withdrawal of candidature.
(c) Form-7 and 7A - Appointment of Election Agent.
(d) Form-9 and 9A- Appointment of Polling Agent.
(e) Form-19 and 19A - Appointment of Counting Agent.




                                                           127
........Materials to be kept with R.O.



   Other forms etc.
(a) Memo form requiring information regarding
    children alongwith format of declaration.
(b) Memo-form requiring information regarding
    conviction for offences and pending trial cases
    - alongwith format of declaration.
(c) Memo-form requiring information regarding
    property etc. in mikcU/k-I or II or III.
(d) Register to enter nomination papers.
(e) Form of statistics to be filled up by the
    candidate.
                                                 128
........Materials to be kept with R.O.


   Returning Officer's seal (brass and rubber both)
   Cashier with cash receipt book to receive
    security deposit.
   List of disqualified persons, u/s 8A, 10A and 11A
    of R.P. Act, 1951.
   List of persons disqualified u/s 35 and 41of Raj.
    M. Act, 2009 (old section 59 and 64 of old Act,
    1959).
   List of persons against whom any municipal
    dues are pending for more than two years and
    recovery procedure have been started.

                                                   129
           Form of Statistics

 Candidate should be provided a printed
  form, free of cost, to fill up his biodata.
 Non-submission of the above form of
  statistics shall not be treated as a ground
  of rejection of nomination paper.
 A summary of the statistics may be sent to
  SEC through e-mail.

                                           130
    Receiving Form-”Ka” & Form
    “Kha” or Form “Ga” or “Gha”.
(Rule 12 r/w 78 of Raj. M. (Election) Rules, 1994 and Para
       6 of Raj. Municipalities Election symbol (List and
   Allotment) Order, 2009. (in Hindi) issued on 9.7.2009)

 Form d and Form [k in case of member election
  and Form ‘x‘ and Form ‘?k‘ in case of chairman
  election in connection with candidates setup by
  parties shall be accepted only upto 3.00 PM on
  last date of nominations.
 Forms signed in ink only, be accepted. Fascimile
  signatures or signatures by means of rubber
  stamp or forms transmitted by fax. shall not be
  accepted.
                                                         131
    Display of information submitted by
    the candidates regarding convictions
     of pending cases or property etc. or
                   children
    (SEC's order no. 374 dt. 7.2.2004 and dt. 24.10.2009)
 Zerox copies of proforma of declaration
  regarding conviction of offences, pending trial
  cases, regarding information of property and
  regarding children furnished by the candidates
  alongwith nomination paper would be displayed
  on the notice board and the original of said
  documents should be retained by the R.O. in his
  custody for his use at the time of scrutiny.
 Copies of these declarations will be put on SEC's
  official website, (www.secraj.nic.in)
                                                            132
    Supply of copy of nomination paper
               and declaration
       (SEC's instruction no. 6242 dt. 12.8.2005)
 Certified copy of a set of nomination paper
  including all three declarations and other
  annexures be issued on a lump-sum payment +
  @ Rs. 10/-
 During custody of R.O., the certified copies will
  be issued.
 During safe custody in treasury, the certified
  copies will be issued by the officer authorized by
  DEO.
                                                    133
                     SCRUTINY
    (Rule-13 and Rule 78 of Raj. M. (Election) Rules, 1994)


   Scrutiny of nomination papers has to be done by
    R.O. himself except where he is unavoidably
    prevented from performing the said function. In
    that case R.O. should record reasons in writting
    and authorise ARO in writting.




                                                              134
    Entry into place fixed for scrutiny
        Rule-13 (2) r/w 78 of Raj. M. (Election) Rules, 1994
   On the date and hours fixed for scrutiny
    following persons only be allowed to enter into
    the place so fixed-
         candidate himself
         his election agent
         one proposer for each candidate, and
         one another person duly authorised in writting by
          candidate.
   Reasonable facilities for examining the
    nomination papers presented within time and
    in the manner laid down in rule 12 be given to
    the persons entitled for entry into the place.
                                                               135
                         Scrutiny
    [Rule 12 and 13 r/w 78 of Raj. M. (Election) Rule, 1994
      and Raj. M. Election Symbol (List & Allotment) order,
       2009 (Issued on 9.7.2009 and 24.10.2009) (Hindi)]
 Scrutiny is a quasi-judicial duty.
 R.O. shall examine the nomination papers and
  decide all objections and may either on such
  objections or on his own motion, after summary
  enquiry, if any as he thinks fit and after giving
  the candidate a reasonable opportunity of being
  heard, declare invalid any nomination on any of
  the grounds mentioned in Rule-13.

                                                              136
    ........Scrutiny


   Preliminary checking of nomination paper may
    be made by Returning Officer so that rejection
    on flimsy ground be avoided.
   No oath is required to be taken by candidate
    before filing nomination in municipal elections.
   All nominations papers are to be scrutinised.
   Reasons to be recorded in every case of
    objection and rejection.
   Crucial      date      for     qualifications     and
    disqualifications is the date fixed for scrutiny.
   Be comparatively more liberal overlooking minor
    technical or clerical errors. than being strict.
                                                       137
      ........Scrutiny


   No-rejection on the ground of any defect which is not
    of a substantial character.
   Failure to complete or defect in completing declaration
    regarding symbols-is not a ground for rejection.
   A candidate not setup by a recognized party shall not
    be deemed to be duly nominated unless his nomination
    paper is subscribed by [5 or 10 as the case may be,]
    proposers.
   Where a recognized party has sponsored a candidate
    as main candidate and another one as substitute
    candidate, take nominations 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 setup by that party.
                                                         138
      ........Scrutiny


   Where a candidate had not made a declaration in his
    nomination paper that he had been setup by a
    political party, he shall not be deemed to have been
    setup by that party.
   Misnomer, inaccurate description, clerical, technical,
    or printing error in the electoral roll or in the
    nomination paper shall be overlooked (Rule-77).
   For the purpose of rule-13 an entry in the electoral
    roll for the time being in force of a ward shall be
    conclusive evidence of the fact that the person
    referred to in that entry is an elector for that ward
    unless it is proved that he is subject to a
    disqualification mentioned in section 14 of the Raj. M.
    Act, 2009.
                                                         139
    Question of genuine caste certificate

 RO should satisfy himself that the candidate
  belongs to SC or ST or OBC. In case of doubt the
  RO may ask the candidate to produce original
  caste 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 suspicion/allegation about the
  genuineness of the certificate, RO should get the
  position cross checked with the authority which
  issued the certificate.
                                                 140
        Grounds for rejection
     (Rule 12, 13 and 22 r/w 78 of Raj. M.
              (Election) Rules, 1994)
 A person shall be eligible for election of a
  Chairman, if he is qualified and is not
  disqualified for being chosen as a member of
  the municipality.




                                           141
   Reject nomination paper if the-
    (a) Candidate is not qualified, or
    (b) Candidate is clearly disqualified, or
    (c) Candidate is failed to comply with any
    provisions of Rule 12, 13 and 22 of Raj. M.
    (Election) Rules, 1994.
    (d) Candidate failed to submit any
    declaration/affidavit as required by SEC
    (e) In Chairperson election – one more
    ground, i.e. person shall not eligible if he is a
    M.P. or M.L.A. or Chairperson/Member of a
    PRI.
                                                  142
   For Qualifications see provisions of-(Sec.21 of
    Raj. M. Act, 2009)
    1. Minimum age for a candidate 21 years
    (twenty one years) on the fixed for scrutiny of
    nominations.
    2. In case of a seat reserved for the SC or ST
    or OBC, a person must be a member of such
    castes or tribes or class, as the case may be,
    and such person must attach a authenticated
    copy of a certificate issued by the competent
    officer authosied to issue the same.
                                                 143
.......Grounds for rejection
     ......For Qualifications see provisions of

 3. In case of a seat reserved for woman, the
 candidate should belongs to female sex.
 4. Any voter of a ward in the Municipality can
 contest election from any ward. Say, a voter of
 ward No.5 in the Municipality can contest
 election from ward 1 or 2 or 3 or so on. Similarly
 any voter of any ward can contest election of
 Chairperson of that municipality.
 5. A member of SC or ST or OBC or women is
 also eligible for an unreserved seat.

                                                  144
.......Grounds for rejection

 For Disqualifications, see provisions of :-
  (i) Article-243V of the Constitution.
  (ii) Article 191 of the Constitution.
  (iii) Section 8, 8A, 9, 9A, 10, 10A, 11, of
  R.P. Act, 1951.
  (iv) Section 24 of Raj. M. Act, 2009 read with
  section 14, 35 & 41.
  (v) The Rajasthan Legislative Assembly
  (Removal of Disqualification) Act, 1956.
 Record reasons for rejection 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.
                                               145
    Disqualifications under Constitution
    (Art. 191 read with Art. 243-V and Sec. 24 of Raj. M. Act,
                               2009)

 If a person holds any office of profit under the
  GOI or any State Government - Exceptions -
  Ministers of Central Government or State
  Government (Art. 191(1)(a)) - Other exceptions
  are mentioned in Raj. Legislative Assembly
  Members (Removal of Disqualifications) Act,
  1956.
 If a person is of unsound mind, so declared by a
  competent court (Art. 191 (1)(b))
 If a person is an un discharged insolvent (Art.
  191 (1)(c))

                                                                 146
.......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 of a foreign State. (Art.
  191 (1)(d))
 If a person is disqualified on ground of defection
  under Tenth Schedule. (Art. 191 (2))




                                                  147
Disqualifications under R.P. Act, 1951
(Sec.8, 8A, 9, 9A, 10, 10A, 11 of R.P. Act, 1951, read with
   Art. 243-V of Const. and Sec. 24 of Raj. M. Act, 2009)
   Disqualification on ground of conviction for
    certain offences (Sec.8 of RP Act, 1951) -
    (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.
                                                          148
......Disqualifications under R.P. Act, 1951


 (ii) Offences and period of imprisonment for
 disqualification (A chart showing disqualification
 on ground of conviction is given at the Annexure
 of this Checklist) -
      (a) For offences mentioned u/s 8(1) - Any
      penalty or any period of imprisonment, is
      sufficient for disqualification.
      (b)     For offences mentioned u/s 8(2) -
      Imprisonment for minimum 6 months, is
      necessary for disqualification.
      (c)     For any other offences (Sec 8(3))
      minimum imprisonment of 2 years, is
      necessary for disqualification.
                                                  149
......Disqualifications under R.P. Act, 1951


 (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.
 (iv) The above interpretation would be equally
 applicable to the provisions of Sec. 8(2).
 (v) Protection u/s 8(4) would be available to a
 sitting MP/MLA only for the membership of the
 house, and not for future election.
                                                  150
 ......Disqualifications under R.P. Act, 1951



 Disqualification on ground of corrupt
  practice (Sec. 8 A) -On being found guilty of a
  corrupt practices 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 will issue a certificate for this
  purpose.
                                                   151
......Disqualifications under R.P. Act, 1951


 Disqualification for Government contracts
  etc [Sec. 9A] — If there subsists a contract with
  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.
 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.
                                                 152
......Disqualifications under R.P. Act, 1951



   Disqualification for failure to lodge
    account of election expenses (Sec. 10A) -
    Disqualification for three years from the date of
    order of ECI.
    Note: 1 ECI, may remove any disqualification
    under Sec. 8, 9, 9A, 10 and 10 A or reduce the
    period of any such disqualification (Sec. 11)
    Note: 2 List of disqualified persons – For the
    purpose of Sec.8A, 9 and 10 the latest list of
    disqualified persons issued by ECI, shall be
    referred.
                                                   153
        Disqualifications under Raj.
           Municipalities Act, 2009
             (Sec. 24 of Raj. M. Act, 2009)
 if the person has been convicted of an offence and
  sentenced to imprisonment for six months or more.
  (disqualification upto expiry of six years from the
  date of release from imprisonment)
 if he has been convicted of an offence under
  section 203 of this Act, (regarding encroachment or
  public land).
 if he is under trial in the competent court which
  has taken cognizance of the offence and framed
  the charges against him of any offence punishable
  with imprisonment for five years or more.
                                                  154
......Disqualifications under Raj. Municipalities Act, 2009



 if he has been convicted of an offence under the
  Prevention of Food Adulteration Act, 1954, or
 against whom an order has been passed under
  section 117 of CrPC, 1973 in proceedings
  instituted under section 110 of CrPC, such order
  not having been subsequently reversed,
  (Disqualification till the expiry of period for
  which he is ordered to furnish scrutiny), or
 if he has been dismissed or removed from the
  service of the Central or a State Government or
  any local authority or any other authority for
  misconduct, or
                                                              155
......Disqualifications under Raj. Municipalities Act, 2009



 if, he having been a professional practitioner,
  has been debarred from practicing as such by
  order of any competent authority, or
 if he holds any place of profit in the gift or
  disposal of the Municipality, or
 if he is disqualified under section 59 or section
  63. (Disqualification upto the period for which he
  is so disqualified unless such disqualification is
  removed earlier by an order of SEC).
 if he holds a salaried or part-time appointment
  under the Central or a State Government or a
  local authority or any other authority, or
                                                              156
......Disqualifications under Raj. Municipalities Act, 2009


 if he holds a salaried whole time or part time
  appointment under a university or any
  corporation, body, enterprise or co-operative
  society, which is either controlled or wholly or
  partly financed by the State Government, or
 if he, has directly or indirectly, by himself or any
  member of his family or his partner, employer or
  employee, any share or interest in any work
  done or supply made by the order or such
  Municipality or in any contract or employment
  with or under or by or on behalf of such
  Municipality.
  Note:- [Please see proviso (d) also for certain
  relaxations]
                                                              157
......Disqualifications under Raj. Municipalities Act, 2009



 if he is employed as a paid legal practitioner on
  behalf of such Municipality or contesting as
  lawyer against the Municipality in any court of
  law at the time of filing nomination as candidate
  for such Municipality, or
 if he has more than two children. However, he
  shall not be disqualified for so long as the
  number of children he had on stipulated date
  does not increase. [Children born out of single
  delivery shall be deemed to be one entity. Any
  child given in adoption shall not be excluded]
                                                              158
......Disqualifications under Raj. Municipalities Act, 2009




 if he has been in arrear on any municipal dues
  for more than two years and proceedings for the
  recovery have been initiated against him under
  this Act, or
 if he has been convicted of an offence involving
  misappropriation or embezzlement of municipal
  property or fund by a competent court.




                                                              159
......Disqualifications under Raj. Municipalities Act, 2009


                   (Sec. 23 of Raj. M. Act, 2009)


   If the person has been convicted for
    contravention any of the restrictions imposed by
    the SEC on use of loudspeakers, vehicles,
    posters, banners, hoardings, etc. – Such person
    shall be disqualified from the date of order
    passed by SEC and for maximum period of six
    years.



                                                              160
    Adjournment of scrutiny proceedings
      (Rule 14 r/w 78 of Raj. M. (Election) Rules, 1994)


   No adjournment of proceedings of scrutiny shall
    be allowed except interruption or obstruction by
    riot or open violence or by cause beyond
    control.




                                                           161
    List of validly nominated candidate
     (Rule 15 r/w 78 of Raj. M. (Election) Rules, 1994)

 List shall be prepared in Form 4 or in Form 4A, as
  the case may be, and be affixed on notice board of
  R.O.
 Arrangement of names in Hindi alphabet.
 Only one entry for a candidate:
 Corrections in the names of candidates can be
  allowed to the candidates on application either at
  the time of nomination or immediately after
  scrutiny or at the time of allotment of symbols and
  before the finalization of list of contesting
  candidates.
                                                          162
.......List of validly nominated candidate




 Send :- (i) One copy to SEC. (ii) One copy to
  govt. press allotted.
 Allotment of symbols shall be done on the day
  immediately following the last date for
  withdrawals of candidatures.




                                             163
             Substitute Candidates
(Rule 12 r/w 78 of Raj. M. (Election) Rules, 1994; Para 7 of
   the SEC's Symbol Order dt.9.07.09 and dt. 24.10.2009)
 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 another
  nomination paper subscribed by five (in case of
  member) and ten (in case of Chairperson)
  proposers, then this nomination paper will be
  scrutinized independently by treating him as
  independent candidate.
 Where the nomination paper of the main
  approved candidate is rejected, the substitute
  candidate will be treated as main candidate of
  the recognized party and his nomination paper
  will be scrutinized accordingly.                        164
........Substitute Candidates




   If a candidate files a nomination paper with both
    Part-I and Part-II thereof filled, and he fails to
    bring form A and B, or form C and D; as the
    case may be, the nomination paper may be
    accepted, if Part-II is properly filled up and
    subscribed by five proposers or ten proposers,
    as the case may be.




                                                    165
    Non-submission of information
     regd. conviction, children etc
(SEC's circular No. 766 dt. 15.10.97 and Msg. No. 767 dt.
              15.10.97and No. 500 dt. 18.8.98)

   Non-submission of requisite information, when
    specifically asked for by the R.O., should raise a
    reasonable presumption about disqualifications–
    Nomination paper could be rejected in absence
    of the required information to examine legally
    the candidature.
                                                        166
 R.O., in his quasi-judicial capacity, should decide
  the validity or otherwise of the nomination,
  having regard to the facts and above -
  mentioned resumption.
 Nomination paper should not be rejected merely
  on the ground that the candidate has filed
  declaration as technically incorrect.



                                                   167
       Non submission of declaration/
                  affidavit
     (SEC's Notification dated 7.2.2004 and 23.10.2009)
   Self declaration (mikcU/k I) or Affidavit (mikcU/k
    II) or Affidavit (mikcU/k III) as the case may be,
    is part of nomination paper. If any candidate
    fails to submit self declaration/ affidavit
    alongwith nomination paper, his nomination
    papers shall be treated as incomplete and hence
    liable to be rejected.
                                                          168
     WITHDRAWAL OF CANDIDATURE

    Notice for withdrawal of candidature
    (Sec. 22, of Raj. M. Act, 2009; Rule 16 r/w 78 of Raj. M.
     (Election) Rules, 1994; SEC's letter No. 2149 dt. 13.8.95)
 A validly nominated Candidate may withdraw his
  candidature by a notice in Form 5 (member
  election) or in Form 5A (Chairperson election).
 Form 5 or Form 5A duly signed by candidate
  may be delivered by (i) candidate himself in
  person, or (ii) through his proposer, or (iii) in
  case the candidate is in Jail or in police custody
  through his authorised person.
                                                             169
   Proposer or the authorized person must be authorised by
    such candidate in writing.
   Candidature shall be withdrawn during normal office
    hours after the scrutiny is over and before 3. 00 PM of
    the last date of withdrawals. No withdrawal on public
    holiday.
   Notice of withdrawal shall be delivered to R.O. at his
    office (as specified in Form -2 or Form – 2A)
   For Member election - section 22 provides that a
    person fails to withdraw his candidature from all
    but one seat in the manner specified, he shall be
    deemed to have withdrawn his candidature from
    all seats. – Advance planning to find out the persons
    who have filed nominations for more than one ward.

                                                         170
   For Chairperson election – (Rule 78(5)
    – No person can contest election of
    Chairperson and of a seat from ward
    simultaneously and who may have filed
    nomination for Chairperson and a ward
    member,      he     shall   withdraw     his
    candidature from either office or seat
    before 3 PM on last date of withdrawal,
    and if he fails his candidature he shall be
    deemed to have seen withdrawn from
    both such seat and office.
                                              171
 R.O. must be satisfied himself as to the
  genuineness of a notice of withdrawal and
  identity of the person delivering it.
 A list of valid withdrawal shall be affixed on
  R.O's notice board on every day.
 Valid withdrawal not to be cancelled.




                                              172
    Declaration of result of un-contested
                    election
       (Rule 18 read with 78 of Raj. M. (Election) Rules, 1994)


 Result of uncontested election shall be declared
  in Form 22-A.
 Copies of such declaration duly signed shall be
  send immediately to (i) SEC (ii) LSG Deptt (iii)
  DEO and (iv) for gazette.
 Date of declaration should be the date on which
  the result is declared.
                                                                  173
    ALLOTMENT OF SYMBOLS
                  Approved symbols
(Rule 20 read with 78 of Raj. M. (Election) Rules, 1994; Raj. M.Election
   Symbols (List & Allotment) Order, 2009 notification dt. 9.7.09 and
                               dt. 24.10.09)
 Keep upto date copy of notification dt. 9.7.2009
  and dt. 24.10.2009 containing the names of
  recognised political parties with symbols
  reserved thereto, and list of free symbols.
 No symbol out of the approved list can be
  allotted.


                                                                      174
    .......Approved symbols


 Reserve symbol only to the candidate setup by
  that recognized party.
 Since there is no State recognized political party
  in Rajasthan, the form received only from a
  National recognized political party will be
  considered.




                                                  175
                  Choice of symbols
    [Rule 20 read with 78 of Rules, 1994; and Symbol Orders 2009
               (notfn. dt. 9.7.2009 and dt. 24.10.2009)]
 A candidate sponsored by recognised party
  shall choose and shall be allotted only the
  reserved symbol for that party specified in the
  Table 1 of the relevant Order and no other
  symbol. Such candidate need not indicate three
  symbols in his nomination paper.
 The independent candidate shall choose three
  symbols out of the list of free symbols specified
  in the Table - 2 of the relevant Order.
                                                                   176
    Which choice of symbol to be considered
    [Rule 20 read with 78 of Rules, 1994; Election Symbols
                          Order, 2009]

 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 that
  nomination paper is rejected.
 In the case of candidate set up by a recognised
  party the choice of party's symbols indicated by
  a candidate made in subsequent nomination
  papers may also be considered.

                                                             177
              Allotment of symbols
           (Rule 20 read with 78 Rules, 1994 and
              Election Symbols Orders, 2009)
   Returning Officer must check personally that he
    has received following documents as under from
    recognised political parties before 3.00 PM on
    last dt. of filing of nomination.
    (a) Letter from party giving name of authorised
    person or persons (alongwith attested specimen
    signature) who will sponsor official candidates of
    the party. This shall be in Form "d" for member
    election and Form “x" for Chairperson election
    prescribed by SEC vide order dt. 9.7.2009 and
    24.10.2009.
                                                    178
........Allotment of symbols



 (b) Notice in Form "[k" (in Member
 election) and Form “?k" (in Chairperson
 election) signed by the above authorised
 person of the party giving names of
 official candidates and ward number from
 which each will contest. In case notice in
 Form "[k“ or “?k" as the case may be,
 signed by the Head of the State Unit of
 the party himself, giving names of official
 candidates and ward number, then Form
 "d" or “x" is not required.
                                           179
........Allotment of symbols

   Firstly pick up the candidates set up by National
    recognised parties and allot to them the
    reserved symbol and no other symbol. For this
    purpose fulfillment of conditions under para 6 of
    SEC's Symbol Orders, 2009 is necessary.
 Where a free symbol has been choosen by
  only one independent candidate          that
  symbol shall be allotted to that candidate.
 Where the same free symbol has been
  chosen by several candidates- then
  procedure laid down in Paragraph 11 of
  Symbol Orders, 2009 shall be adopted.

                                                   180
    Candidates set up by a recognized political
                       party
               (Para 6 and 10 of Symbol Order, 2009)
   If a candidate fails to fulfill any of conditions laid down in
    Para 6 of Symbol Order, he shall not be deemed as
    candidate setup by party and shall not be allotted
    reserve symbol.
   The presentation of Form "d" and Form “[k" or Form “x"
    and “?k“, as the case may be, to the SEC or DEO will not
    be treated as compliance with the provisions laid down
    in Para 6 of Symbol Order, 2009. Notice in Form "d" and
    “[k" or “x" and “?k“, as the case may be must reach to the
    R.O. not later than 3.00 PM of the last date of
    nomination.

                                                                 181
......Candidates set up by a recognized political party




 Where a candidate had not made a declaration
  in his nomination paper that he has been set up
  by a political party, he shall not be deemed to
  have been set up by that party.
 Where a candidate files nomination papers one
  nominating him as a candidate set up by a
  recognized party and other as an independent
  candidate, and both these nomination papers
  are accepted, then he will be deemed to be a
  candidate set up by recognized party.
                                                          182
      Substitution of candidate by
             political party
              (Para 8 of symbol orders 2009)

   If a recognized political party submits Form “[k"
    or “?k“, as the case may be, in respect of more
    than one candidate and does not indicate that
    earlier notice has been rescinded, than Form
    “[k" or “?k" in respect of candidate whose
    nomination paper was first delivered, shall be
    accepted as candidate set up that party.



                                                    183
             Revision of Symbols
       (Rule 20 (6) read with 78 of . Rules, 1994)


 Allotment of symbols by R.O. shall be final
  except where it is inconsistent with any direction
  issued by the SEC in which case the SEC may
  revise the allotment of symbols.
 Where the allotment of symbols has been
  revised by SEC, then list of contesting
  candidates, shall be amended accordingly.


                                                     184
    Preparation of list of contesting
               candidates
     [Rule-21 read with 78 of Raj. M. (Election) Rules, 1994]
 Immediately after allotment of symbols, list of
  contesting candidates shall be drawn in Form 6
  in case of Member election and in Form 6A in
  case of Chairperson election.
 List in Form 6 or Form 6A shall be prepared in
  Hindi and English both. Names shall be classified
  into 2 categories - namely -
  (i) Candidates of recognised political party.
  (ii) Other candidates.
 Names shall be arranged in the above order of
  categories.

                                                                185
    .......Preparation of list of contesting candidates



    Names in each category shall be arranged in
     Hindi alphabetical order.
    Required particulars including address should be
     filled up correctly.
    Give copy to each contesting candidate or his
     election agent.
    Give also print of facsimile of symbols allotted to
     each candidate out of specimen prints supplied
     so that they may publicize them.
    Even in case of uncontested election, list in Form
     6 or Form 6A shall be prepared.
                                                          186
    .......Preparation of list of contesting candidates


 Send copies of the list in Hindi (handwritten and
  typed) to the concerned Govt. Press, DEO and
  SEC without any delay.
 Ballot papers will be printed strictly as per this
  list – However the headings of categories shall
  not appear on the ballot papers.
 Handwritten copy should be legible with bold
  letters keeping special care of letter e] Hk] d] Q] 'k]
  "k] l] c] o etc. This list duly singed by R.O. should
  be given to the O.I.C. of Ballot paper printing.
 If symbol has been revised subsequently under
  the directions of SEC, the list shall be suitably
  changed.
                                                          187
Publication of list in Form 6 or Form 6A
    [Rule 21 read with 78of Raj. M. (Elec) Rules, 1994]
 List in Form 6 or Form 6A shall be affixed on the
  notice board of R.O. even in the case of
  uncontested election.
 A copy of the list shall be supplied to each
  contesting candidate or his election agent. (Not
  necessary in the case of uncontested election)
 List of contesting candidates shall also be
  displayed out side the polling station through
  presiding officers on pre - poll day.

                                                          188
Identify cards to contesting candidates

 Issue photo identify cards to contesting
  candidates. – Record be maintained.
 Thick card board should be used for identify
  cards.




                                            189
    Safe deposit of papers relating to
             nomination etc.

 All election papers and proceeding relating to
  nominations, scrutiny,       withdrawals and
  allotment of symbols should be put together, in
  a cover with description and to be sealed with
  R.O's seal.
 After declaration of result, the sealed cover
  should be sent to safe custody in district
  treasury.
                                               190
     Appointment of Election agent

 Rule of Raj. M. (Election) Rules, 1994, and SEC's
  order dt. 16.8.2005
 Sitting Minister not to be appointed as Election
  Agent or Counting Agent or Polling Agent.




                                                  191
              BALLOT PAPERS
              Design of ballot paper
    [Rule 34A read with 78 of Raj. M. (Election) Rules 1994
             and SEC's S.O. No. 53/09 dt.27.10.09]

 The names of candidates and other particulars
  in the ballot paper shall be printed in Hindi, in
  Devnagri script.
 No counter-foil.




                                                              192
.......Design of ballot paper


   The names of candidates shall be arranged in the same
    order under 2 categories in which they appear in the list
    of contesting candidates. However the headings of two
    categories shall not be appeared in the ballot papers.
   Ballot paper shall be prepared in the form and design as
    per direction of S.E.C issued on 27.10.09 – Ballot paper
    will be in same dimensions as of ballot unit. – Alignment
    as per candidates' panel.
   Sample ballot paper is shown in Annexure of SEC's
    instructions regarding printing of ballot papers.
   EVM ballot paper for Member election on White paper
    and for Chairperson election on Pink paper.

                                                           193
          Design of ballot papers for
               tendered votes
[Rule 44A r/w 78 of Raj. M. (Elec.) Rules, 1994 and SEC's
               S.O. No. 27/99 dt. 28.10.99]
   Design of ballot paper for tendered votes shall
    be in same design as prescribed for ballot
    papers to be used in ballot unit of EVM, except
    that the "fufonRr eri=" shall be stamped on its back.
   Twenty ballot papers shall be given at a polling
    station for the use as tendered ballot papers.


                                                        194
         Printing of Ballot Papers
                [SEC's instructions]
 The detailed instructions are being sent by SEC.
  Soon after preparing the list of contesting
  candidates on the day immediately after the last
  date of withdrawal of candidatures, the list
  should be furnished to the concerned govt.
  press on the same day.
 A responsible officer should be appointed to
  look-after the printing of ballot papers.
 Arrangement of transport and security of ballot
  papers be made properly.
                                                195
.........Printing of Ballot Papers




   Officer in charge of ballot paper printing will at
    once leave for the place of printing with the
    following documents:-
    (i) Two typed copies of list of contesting
    candidates,     for   member       elections   and
    chairperson elections.
    (ii) One hand written list of contesting candidate
    (iii) Sample ballot paper
    (iv) One set of fascimiles of symbols.
    (v) List showing number of ballot papers to be
    printed for each ward.
                                                    196
.........Printing of Ballot Papers
   No. of ballot papers to be assessed for EVMs and
    tendered votes (i) per ballot unit including reserve,
    plus (ii) 20 per P.S. for tendered ballot papers, plus
    (iii) 10% extra of (i) + (ii).
   Each bundle of ballot papers will have 20 ballot
    papers. Ballot papers for member election will have
    consecutive serial numbers, in a ward and for
    chairperson election will have consecutive serial
    numbers for whole municipality. Bundles shall not
    be stitched.
   Printing of ballot papers should be completed within
    three days from the allotment of symbols, so that
    EVMs can be prepared well in time.
   Postal ballots for member election on white paper.
   Postal ballots for chairperson election on pink paper.
                                                        197
    Verification of ballot papers
 Ensure that names of all the candidates
  and symbols have been printed properly
  and correctly.
 Ensure also that no symbol other than
  specified symbols.
 Sr. No. on the ballot paper have
  consecutive numbers in the ward.
 Sr. No. on the postal ballot paper and its
  counterfoil should be same.
                                          198
........Verification of ballot papers


 No discrepancy in the numbers of ballot papers
  dispatched by the press and received by R.O.
 In case any serial number is found missing at
  the time of delivery of ballot papers to presiding
  officer, it may be written on the packet as
  missing and be shown in the Register. A notice
  may also be published on the notice board of
  R.O.
 In case of repetition of same number on two
  ballot papers one be removed & cancelled and
  kept in the custody of Returning Officer without
  replacement.
 Ballot papers should be kept in safe custody.

                                                  199
         Distribution to Presiding Officers

   Distribute ballot papers to the presiding officers on their
    departure to polling station. Presiding officers must
    proceed straight from distributing centre to polling
    station.
   Defective ballot papers must be removed from bundles
    before issuing to presiding officers.
   For each polling stations allot twenty ballot papers for
    tendered votes at a PS.
   For convenience, Form 16A, 16B, 16C and 16D; (i.e.
    declaration by elector, envelops and instructions) have
    been printed on white paper for member election and on
    pink paper for chairperson election.

                                                             200
        Authorization of ballot papers

   Before issue of ballot papers to presiding officer,
    form of authorization of ballot papers be filled
    up correctly.




                                                     201
    Safe custody of undistributed ballot
                   papers
    [SEC's instructions vide Rule 75A (a) r/w 78 of Raj. M.
    (Elec.) Rules, 1994 and S.O. No. 30/99 vide dt. 9.11.99
                     and No.3150 dt. 6.11.99]
 After the issue of ballot papers to presiding
  officers, surplus undistributed ballot papers
  should be kept in safe custody under the charge
  of a responsible officer nominated by R.O.
 Such surplus ballot papers may also be used for
  fresh or adjourned poll, if necessary .

                                                              202
......Safe custody of undistributed ballot papers




  After completion of the election such surplus
   ballot papers should be kept in custody of DEO,
   till 6 months thereafter be disposed off.
  For fresh poll if necessary another set of ballot
   papers with the next serial number in
   continuation for the ward should be printed.




                                                    203
      POSTAL BALLOT PAPER
    Design of postal ballot papers and printing
                       thereof
[Rule 46A (4) r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's S.O. No.
  34/99 issued on dt. 9.11.99 read with S.O. No. 51/09 dt. 27.10.09]
   Every postal ballot paper shall have counterfoil attached
    to it at the top.
   SEC's directions are that the design of postal ballot
    paper will be same as used for ordinary ballot papers u/r
    34(1), however "Mkd eri=" shall be stamped on the back of
    ballot paper and its counterfoil
   Postal ballot for member election on white paper and for
    chairperson election on pink paper.


                                                                    204
......Design of postal ballot papers and printing thereof




   Width of postal paper shall be 4".
   Single column – upto 9 candidates.
   The names of candidates shall be arranged in the
    same order under 2 categories in which they appear
    in the list of contesting candidates. Headings of
    categories should not appear in the ballot papers.
   Symbols will also be printed. Party affiliation, shall
    not be printed.
   Ensure that serial No. of ballot paper and its
    counterfoil are identical.
   The names and other particulars in the ballot papers
    shall be printed in Hindi in Devangari script.
                                                             205
Voters entitled for postal ballot paper
    [Sec.25(5) of Raj. M. Act, 2009 and Rule 46A (4) r/w 78
       Raj. M. (Elec) Rules, 1994 and SEC's order No. 262 dt.
                              1.10.1994]
      Followings are entitled for vote by post:-
        Electors under preventive detention.
        Voters on election duty.




                                                           206
Intimation by voters on election duty-
           as to vote by post
    [Rule 46A (4) r/w 78 of Raj. M. (Elec) Rules, 1994]
 An elector on election duty wishes to vote by
  post, shall send an application in Form-15A
  alongwith copy of appointment letter to the R.O.
  so as to reach him within time prescribed.
 Presiding Officer, Polling Officer, or any other
  person on election duty who is an elector in any
  other ward or municipality and by reason of his
  election duty, he is not able to vote at a polling
  station whereat he is registered as voter, may
  apply for postal ballot paper. However, staff
  should not be deployed for polling duty, in a
  municipal board, where he is registered as voter.
                                                          207
    Intimation regarding electors under
            preventive detention
    [Sec.25(5) of Raj. M. Act., 2009 and SEC's order No.262
                          dated 1.10.94]
 Such electors may himself send to R.O. a notice
  of his intention to vote by post specifying name,
  address, electoral roll number and place of
  detention.
 The postal ballot paper for voters under
  preventive detention will be of same design as
  used for voters on election duty but "Mkd eri="
  shall be stamped on the back of ballot paper and
  its counterfoil.
                                                              208
......Intimation regarding electors under preventive detention


 After issuing postal ballot paper, appropriate
  entry like "P.B." shall be made in the marked
  copy of electoral rolls. However ballot paper No.
  shall not be written in the marked copy of
  electoral rolls.
 Counterfoils of such postal ballot papers shall be
  placed in a packet which may be sealed by the
  R.O. Particulars shall be written on the packet.
 Before sending postal ballot paper to such
  person, it is to be ensured that his name is
  entered in the electoral roll and he is held in
  preventive detention.                                          209
Issue of postal ballot papers to voters under
             preventive detention
              [SEC's Circular No.262 dated 1.10.94]


    Postal ballot papers shall be send to electors under
     preventive detention together with:-
    a) A declaration by the elector
    b) A cover d (containing postal ballot paper)
    c) A large cover [k addressed to the R.O.

    d)   Instructions for the guidance of the elector.
    The above four documents are also in different colors,
     i.e. on white paper for member election and on pink
     paper for chairperson election.
                                                          210
.....Issue of postal ballot papers to voters under preventive detention



    All the above documents at (a), (b), (c) and (d)
     shall be placed inside a larger cover. This cover
     should be properly addressed and postage
     delivered to the concerned.
    Fill up correctly in Form of declaration by elector
     and Cover "d" the serial number of connected
     postal ballot paper.
    Fill up the hour and date of commencement of
     counting in the Form of instruction for guidance
     of the elector.
    Letter "W" be noted boldly on the cover “[k" in
     the case of each women voter.
                                                                          211
Issue of postal ballot papers to voters
            on election duty
[Rule 46A r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's
               S.O. No. 34/99 dt. 9.11.99]
   Postal ballot papers shall be send by post, or in
    person to voters on election duty (on application
    in Form 15A) together with –
    (a) A declaration in Form – 16-A.
    (b) A cover "d" (containing postal ballot paper)
    (c) A larger cover “[k" addressed to the R.O.
    (d) Instructions for the guidance of the elector.
                                                        212
......Issue of postal ballot papers to voters on election duty




 All the above documents at (a), (b), (c) & (d) (in
  different color as aforesaid) shall be placed
  inside a larger cover. This cover should be
  properly addressed and postage stamp shall be
  affixed if not given personally.
 Postal ballot paper alongwith Form 16-A, 16-D
  and covers in Form 16-B and 16-C can be
  delivered personally to an elector on election
  duty-in place of sending by post.

                                                                 213
......Issue of postal ballot papers to voters on election duty


 Efforts should be made to issue postal ballot
  papers alongwith Form 16A, 16B, 16C and 16D
  to every elector on election duty who makes an
  application in Form 15A for the purpose, as
  expediously as possible.
 Fill up correctly in Form 16-B the serial number
  of connected postal ballot paper.
 Fill up the hour and date in appropriate place in
  Form 16-D.
 Letter "W" be noted boldly on the cover in Form
  16-C in the case of each women voter. It will
  help in calculation of votes polled by female
  voters.
                                                                 214
 Issue of E.D.C. and Election Duty Staff
               ballot paper
    [Rule 46 r/w 78 of Raj. M. (Elec.) Rules, 1994 and
                       Margdarshika]
 "Election duty certificates" in form 16 may be
  given, if become necessary to Presiding Officers,
  Polling Officers and any other person on election
  duty.
 "EDC" if required in exception cases, may be
  issued on application in Form 15 only.
 "EDC" holders shall not to be issued postal ballot
  papers with other documents.
 Appropriate entry in the counterfoil shall be made
  by R.O. at the time of issue of ballot paper.
                                                         215
      Record of postal ballot papers and
                    E.D.Cs.
    [Rule 46A r/w 78 of Raj. M.(Elec) Rules, 1994 and SEC's
                    letter No.262 dt. 1.10.94]


 In the marked copy of electoral roll "E.D.C." or
  "P.B.", as the case may be, shall be marked
  against the name of such elector.
 The counterfoils of the postal ballot papers
  issued, should be sealed in a separate packet
  and kept in the safe custody.

                                                              216
.......Record of postal ballot papers and E.D.Cs.




 After marking "P.B. or "E.D.C.", in all cases,
  marked copy of electoral roll may be sealed and
  it will be supplied to the concerned Presiding
  Officer for the use at polling station.
 Serial number of postal ballot papers shall not
  be mentioned in the marked copy of electoral
  roll.



                                                    217
      Return of postal ballot papers
          [SEC's Order No. 262 dt. 1.10.94]

 Maintain separate register for member election
  and for chairperson election in which all the
  postal ballot paper received should be entered.
  The entries in this register should be made from
  day to day and be countersigned by R.O. on
  each day.
 Postal ballot papers should be returned at the
  latest by the hour fixed for commencement of
  counting of votes. These ballot papers shall be
  treated as returned in time.
                                                218
.......Return of postal ballot papers




 Postal ballot papers received late, i.e. after the
  expiry of time fixed for commencement of
  counting of vote, cannot be counted and must
  be rejected, however such rejected postal ballot
  papers need not to be included in the total
  number of rejected votes in Result Sheet in
  Form 21 in member election and in Form 21A in
  Chairperson election.
 Co-ordination with P & T Deptt. regarding
  delivery of postal ballot papers, be made.
                                                  219
.......Return of postal ballot papers


 To facilitate speady return of postal ballot
  papers a special box with secure locks, should
  be kept in the office of R.O., and after close of
  poll at collecting centres also so that persons on
  election duty who have received postal ballot
  papers may come and drop in that box their
  marked ballot papers in the sealed covers.
 Every day a designated officer should take all
  the contents of the box, make necessary entries
  in the Register maintained for the purpose. Keep
  the register and the sealed covers of postal
  ballot papers under proper lock and key.
 Person deployed on election duty be educated
  properly about special voting facilities to them.
                                                  220
    MODEL CODE OF CONDUCT

          Gist of Code of Conduct
    [ Model Code of Conduct and Provisions relating to corrupt practices
    and electoral offences. [u/s-28 of Raj. M. Act, 2009 read with Sec.
    125, 126, 127, 127-A, 128, 129, 130, 131, 132, 132-A, 133, 134,
    134-A, 135, 135-A, 135-B, 135-C & 136 of R.P. Act, 1951; Sec. 29 of
    Raj. M Act, 2009; Sec. 153-A, 153-B, 171-A, 171-B, 171-C, 171-D,
    171-E, 171-F, 171-G and 505 of I.P.C.] and Art. 243ZA of the
    Constitution ]

   The gist of the Provisions of the Model Code of
    Conduct and legal provisions relating to currupt
    practices and electoral offences is as below:-

                                                                      221
(i)   No activity which may create mutual hatred
      or    cause      tensions    between      casts,
      communities etc.
(ii) The candidates to refrain from criticism of
      private life of opponents.
(iii) No appeal to caste /communal feelings from
      places of worship.
(iv) All parties shall avoid all activities which are
      corrupt practices.
(v) Organising demonstrations, picketing before
      houses of individuals shall not be resorted.
(vi) No pasting of posters, creeting flag staffs/
      banners without owner's permission.
                                                    222
(vii) No creation of disturbances of public meeting
       of other political parties/candidates.
(viii) No use of loudspeakers, vehicles at fixed
       places beyond time          limit and without
       permission.
(ix) Party in power cannot use its official position
       such as combining of Minister's official visit
       with electioneering
(x) No use of official machinery/vehicle, public
       places, rest houses etc. for electioneering.
(xi) No sanction of grants and payments out of
       discretionary funds,         laying foundation
       stones.
                                                   223
(xii) No promises of constructing roads etc., make
       adhoc appointment in Government /Public
       Undertakings.
(xiii) Ministers of Central/State Govt. shall not
       enter any polling/counting stations except as
       a candidate.
(xiv) No cause is given for any complaint that
       party in power has used its official position
       for the purpose of its election campaign.


                                                  224
            Publicity regd. Code

 Provisions of Model Code of Conduct and
  Provisions relating to corrupt practices and
  electoral offences laid down in R.P. Act, 1951,
  Raj. M. Act, 2009 and I.P.C. should be explained
  in the meetings of standing committees and with
  the candidates.
 Wide publicity may also be given, by means of
  Press Notes, cinema slides, etc.

                                                225
Clarification regd. the Code of Conduct
   It is not the intention that development
    activities or implementation of welfare
    measures should come to a standstill.

        Defacement of Public Places
[Raj, Defacement of Property (Prevention) Act, 2006 and SEC's order
     u/s 32A of Raj. M. Act, 1959 vide No. 7923 dt. 25.7.2000 SEC’s
             order dt. 23.10.09 u/s 23 of Raj. M. Act, 2009]

   No defacement in any form (wall writing,
    banners, posters, flags, hoardings etc.,) be
    permitted on Government premises.

                                                                  226
 Cut-outs, and hoardings on public or private
  places are totally prohibited.
 Posters and banners, only, in any public place
  specifically identified for such purposes be
  allowed strictly as per local bye- laws – Equal
  opportunity to candidates/political parties.
 If specially earmarked places are already let out
  to any agency, the DEO through municipal
  authorities should ensure equitable opportunity
  to candidates/political parties.
 Educational Institutions not to be used for
  electioneering / rallies.
                                                 227
       Defacement of Private Places
[Raj, Defacement of Property (Prevention) Act, 2006 and SEC's order
  u/s 32A of Raj. M. Act, 1959 vide No. 7923 dt. 25.7.2000 and SEC’s
           order dt. 23.10.2009 u/s 23 of Raj. M. Act, 2009]


 Not to be permitted on private places, if the by-
  law of a municipality do not permit even with
  consent of the owner.
 Where bye-law of a municipality has express
  provisions permitting posters and banners, on
  private premises the written permission of the
  owner is must – Expenditure to be accounted
  and shown in the statement/prescribed by SEC.
                                                                  228
 Maximum expenditure which can be incurred
  upon posters and banners by a candidate :
  In Ward Member election-
   (a) in Municipal Corporation Rs. 20,000;
   (b) in a Municipal Council Rs. 15,000 and
   (c) in a Municipal Board Rs. 10,000/-.
In Chairperson election-
   (a) in Municipal Corporation Rs. 2 lacs;
   (b) in a Municipal Council Rs. 1 lac and
   (c) in a Municipal Board Rs. 50,000/-.
                                          229
    Other issues regarding defacement
  [Raj, Defacement of Property (Prevention) Act, 2006 and sec. 23 of
                           Raj. M. Act, 2009]
[M.V. Act, 1988 and Sec. 171-H of IPC and Sec. 23 of Raj. M. Act, 2009
       r/w SEC's notifi. No. 7923 dt. 25.7.2000 and dt. 23.10.2009]


   In case of violation of legal provisions relating to
    prevention of defacement of property or
    restrictions imposed by the SEC penal action to
    be taken.

                                                                      230
   Displaying of flags and stickers on private
    vehicles – If it aims to solicit vote for a
    candidate, then provision of S. 171-H IPC would
    be attracted.
   No truck, bus, minibus, or metador can be used
    for electioneering (See SEC's notfn.)
   No poster/flag/campaign material be displayed
    on commercial vehicles, except in case of
    vehicles permitted for electioneering (Action u/s
    171-H of IPC and Sec. 23 of Raj. M. Act, 2009)
   External modification / fittings including
    loudspeakers, in contravention of M.V. Act, not
    to be allowed on vehicles.
   On display of posters and banners, see that
    compliance of provisions of Sec. 127A of R.P.
    Act, 1951 has been made.
                                                   231
                       Liqor – Sale of
    [Item No. 7 of Part 1 of the Model Code of Conduct and Sec.135-C]


 Liquor not to be purchased, given or distributed
  by any candidate or his worker during the period
  of 48 hours ending with the hours fixed for close
  of poll.
 Restrictions imposed by State Govt. shall also be
  followed.


                                                                        232
          Loudspeakers-use of
[Sec. 23 of Raj. M. Act, 2009, r/w SEC's Notifi. dt.
           25.7.2000 and dt. 23.10.2009]
 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
  between stipulated time.
 During 48 hours ending with close of poll,
  use of loudspeakers are totally banned.
                                                   233
 In the case of loudspeaker on vehicles, permit
  issued by       Govt. authority, shall indicate
  registration No. / identification No. of vehicle.
 Vehicles used without written permission is liable
  to be confiscated with all equipments.
 Details of permit regarding loudspeakers on
  vehicles or at a fixed place, may be intimated to
  RO/local police authorities.



                                                  234
                Ban on transfers
[Item No. (8) of Part (VII) of the Model Code of Conduct
            and SEC's order dated 23.10.2009]


   Ban on transfers of election related officers and
    other officers after the announcement of
    programme and during the process of elections.



                                                       235
     Restrictions to parties in power
[Item No. (6) of Part (VII) of the Model Code of Conduct]

   Ministers and any authority shall not :-
(a) announce any financial grants in any form or
    promises , or
(b) 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 adhoc appointment in Govt./public
    undertakings., which may have the effect of
    influencing the voters in favour of the party
    in power.
                                                        236
Restrictions on discretionary grants etc.
      [Item No. (5) of Part (VII) of the Model Code of Conduct]
   Release of funds or extension of facilities under
    discretionary grants or quota under any scheme
    for Ministers and MPs/MLAs should be
    suspended.

Restrictions on use of vehicles, during
             election period
    [SEC's Msg No. 2289 dt. 23.8.95 and letter dated 12.11.99 and
                              23.10.2009]
   Motor cycles, scooters including cars/jeeps being
    used for electioneering purposes, shall not be
    allowed to move in bigger convoys. All bigger
    convoys shall be broken up.
                                                                    237
 No convoy during the period of 48 hours ending
  with close of poll.
 The convoy shall not in any case exceed 3
  vehicles of any person plus the security vehicles
  allowed.
 Use of Buses, Trucks, Mini Bus, Matadors are
  prohibited for electioneering.
 Only Jeep, Car, Three wheelers, Tangas and
  Cattle Cart can be used in electioneering.


                                                 238
For Member election-
i. In Municipal Corporation maximum two vehicles
     and in Municipal Council or Municipal Board, only
     one vehicle is allowed to a candidate for
     electioneering.
ii. Prior intimation with detail before 24 hours is must
     for a candidate, before use of vehicle.
For Chairperson election-
i. No vehicle can be used without prior written
     permission of R.O.
ii. Permit will be displayed in windscreen of vehicle.
iii. Within 3 days of result, details will be given to R.O.
                                                         239
   Vehicle plying in contravention of
    provisions of Sec. 123(5) r/w 133 of R.P.
    Act, 1951 should be confiscated and
    permission, if given by RO, should be
    cancelled.




                                           240
                 Visits of Ministers
    [Item No. 1 of Part (VII) of Model Code of Conduct and
                    letter dated 23.10.2009]

 No Minister shall combine an official visit with
  electioneering.
 No Minister shall summon any election related
  officers to a place/office/guest house outside the
  municipality for any official discussions.
 Official vehicle should not be used for
  electioneering.
                                                             241
          Conduct of Govt. servants
    [Sec 129, 134 and 134 A of R.P. Act, 1951 and Civil
                 Services (Conduct) Rules]
 Govt. Officers should not be present in person
  during any election meeting except those who
  may have to be present to the extent necessary
  for maintaining Law and Order and making
  necessary security arrangements.
 No Govt. servant can be associated with any
  political party or can take part in any political
  activity.
 No Govt. servant can act as Election Agent,
  Polling Agent or Counting Agent.
                                                          242
 Conduct of Govt. servants to be watched and
  appropriate action be taken.
 A person found in breach of official duty in
  connection with elections shall be prosecuted.

Use of Rest Houses, Dak Bungalows etc.
    [Item VII of Model Code and letter dated 23.10.2009]
 Accommodation should be allotted on a fair and
  equitable manner.
 Use of Govt. rest houses, circuit houses etc.
  should not be allowed for election related
  meetings.
                                                           243
  DESPATCH ARRANGEMENTS OF
       POLLING PARTIES
             General arrangements
       Make arrangement for :-
(i)     Displaying No. and Name of PSs
(ii)    Checking attendance of polling parties+zonal
        magistrates.
(iii)   Introducing all the members of a polling
        party.
(iv)    Wherever      required,     replacement   of
        absentee.
(v)     Ensuring that polling material has been
        received by all the parties
                                                  244
(vi) Transport cell at dispersal centres
(vii) Counter system
(viii) Last minute training – Separate counter
        (a) EVM briefing + Hands – on
        (b) Non EVM briefing
(ix) Police force, deployed at PS, to accompany
       the parties.



                                             245
       Facilities at dispersal centres
      At dispersal centre following facilities should
       be made:-
(i)    Boarding of vehicles.
(ii) Training space.
(iii) Space for checking of EVM + material by
       polling parties.
(iv) Facilitation centre for postal ballots.
(v) Strong rooms for EVMs and storage of other
       material.
(vi) Distribution counter.
(vii) Medical Aid.
(viii) Basic amenities.
                                                     246
            Other arrangements
       Ensure that :-
(i)     No canvassing during period of 48 hours ending with
        close of poll.
(ii)    Arrangement of advance TA/DA and outright
        charges etc., and medical kits.
(iii)   POL arrangement.
(iv)    Every polling material kit to be checked well in
        advance.
(v)     OK report of all polling parties reaching their PSs.
(vi)    PrOs shall be advised to compare the machine
        number inscribed on the metal label and the
        relevant adhesive sticker on CUs and Bus and
        carrying boxes and also verify the PS No. indicated
        on the sticker compared with PS No. mentioned in
        the address tag before accepting the EVM.
        Discrepancy if any shall be brought to the notice of
        the officer in charge of dispatch arrangement and be
        reconciled.                                          247
                THE POLL
               Control Room
     Well equipped control room to be set up :-
(i) Proper staff.
(ii) Communication arrangements – to be in
      touch with DEO and SEC – mobile phone to
      be switched on all the time.
(iii) Complaint handling arrangements.
(iv) Arrangement for deploying reserve staff.
(v) Arrangement for EVM replacement.
                                              248
              Smooth conduct of poll
    [R. 30 (3) r/w 78 of Raj. M. (Election) Rules, 1994 and
          Part 3 of Margdarshika for Presiding Officers]

 Ensure all arrangements for smooth conduct of
  poll including supply of        EVMs, and other
  material to polling stations.
 Presiding Officers and Polling Officers must be
  vigilant about their duties and procedure.
 R.O. should be present at head- quarter.
 Appropriate and immediate action to be taken,
  in case of allegations against polling staff.
                                                              249
 Regulation of vehicles on the poll-day
[Sec.123(5) and133 of the R.P. Act, 51 read with Sec. 28 of
                    Raj. M. Act, 2009]

 The hiring or procuring of any vehicle or vessel
  by a candidate or his election agent or any other
  person or the use of such vehicle or vessel for
  free conveyance of any elector to and from any
  polling station should not be allowed.
 Private vehicles used by owners for themselves /
  family members for going to a polling booth to
  vote not to be allowed within a radius of 200
  meters of PS.
                                                         250
   The candidate himself, the members of his
    family or his election agent can use vehicle for
    conveyance to and from the polling station.
    (Beyond 200 meters from PS)


            Identification of voters

   Voter not to be allowed to cast his vote without
    his identification based on specified documents.


                                                  251
          Entry into polling station
 [R. 29 r/w 78 of Raj. M (Election) Rules, 1994, SEC's No.
                      6364 dt. 16.8.05]
 No person other than the persons entitled under
  rule 29 of Raj. M. (Elec.) Rules 1994 can enter
  the polling station irrespective of his social or
  political or any other status of office.
 Media persons not to be allowed inside polling
  station with video/ camera, even if they have
  authority letters.
 Ministers are not allowed, except in the capacity
  as a voter.
                                                             252
    Prevention of electioneering within
     prohibited area around the polling
                   station
[Sec. 130 of R.P.Act, 1951 read with Sec. 28 of Raj. M. Act, 2009 and
                  SEC's letter No.4158 dated 25.11.99]


   No person shall on the poll day at any polling
    station commit any of the following acts within
    the polling station or in any public or private
    place within a distance of 100 meters of the
    polling station -

                                                                    253
(a)   Convassing for votes, or
(b)   soliciting the vote of any elector
(c)   persuading any elector not to vote for any
      particular candidate, or
(d)   persuading any elector not to vote for the
      election, or
(e)   exhibiting any notice or sign (other than an
      official notice) relating to the election


                                                254
 Cellular phones, cordless phones, wireless sets
  etc. not be allowed to any person (except
  officers on election duty and security personnel)
  in the 100 metre perimetre of Polling Station and
  within the polling booth.
 Voter slips to be plain white slips without name
  of candidate / party marking /symbol.



                                                 255
     Prohibition of loudspeakers, mega
                  phones etc
    [Sec. 131 of R.P. Act, 1951 and Sec. 23 of Raj. M. Act,
      2009 r/w SEC's notifi. dt. 25.7.2000 and 23.10.2009]

 Amplifying a reproducing the human voice by
  any apparatus not allowed.
 In case of contravention such apparatus be
  seized.
 Shouting or otherwise act in disorderly manner
  not allowed.
 Penal action also to be taken.

                                                              256
         Candidates' election booths
[Sec. 131 of R.P. Act, 1951 and Sec. 23 of Raj. M. Act, 2009 r/w SEC's
                notifi. dt. 25.7.2000 and dt. 23.10.2009]
   Candidates' election booths (one table + two
    chairs) without and with – one banner upto
    2ftx5ft. beyond 200 mtrs of a PS allowed, if it
    have valid permission from local authority.
   No 'kanat' or 'tentage' allowed by sides of such
    booth – However, an umbrella or 'tripal' can be
    used.
   Identity slips showing symbol or name of party
    or candidate not to be allowed.
   Crowd not to be allowed.
   Efforts to influence voters not to be allowed.
                                                                    257
 Going armed to/near a polling station
    [Sec. 134B of R.P. Act, 1951 and SEC's No. 6364 dt. 16.8.04]
 Security personnel attached to any person not to
  be allowed - Except in case of person covered
  under Z+ security which is one security person
  in simple clothes and with concealed weapon.
 Prohibition for Minister/MP/MLA to be an election
  agent etc.
  (a) Minister/MP/MLA or persons to whom
      security cover granted not to be an Election
      Agent/Polling Agent/Counting Agent.
  (b) Any person having security cover will not be
      allowed to surrender his security cover to act
      as such agent.
                                                                   258
       Before Commencement of Poll
                    [Margdarshika]
 Two sets of EVMs for simaltenous election
   Care should be taken that CUs and BUs of separate
    elections are not mixed up.
   Connecting cable of both sets of EVMs should be
    secured.
   White stickers (size 3x6 cm) on CUs of member
    election and Pink stickers on CUs of Chairperson
    election.
   PrO to demonstrate the both EVM – separately.
   Separate declaration form for member election an
    chairperson election.                          259
   Marked copy of roll and Register of Voters which will
    be common for simalteneous election also to be
    demonstrated before the polling agents present and
    signature of agents of relevant candidates be taken
    on Part I of relevant PrO. declaration form.
   Mock poll by PrO – A certificate shall be given by
    PrO in the relevant PrO's declaration form.
   Control units to be sealed property and relevant
    agents be asked to place their signatures.
   Colored address tags – white in member and pink in
    chairperson election.

                                                       260
            During Poll Process
                  [Margdarshika]

 PrO to regulate the voters, and maintain purity
  of election – To deal with tendered votes,
  challenged votes, etc., - Overall supervision on
  poll process.
 Special attention where mock poll had to be
  conducted in the absence of agents.
 Identification of voters – through EPIC or
  alternate documents approved by SEC – Minor
  discrepancies can be overlooked.
                                                261
 PO- 1st – Marked copy – Responsible for identification.
 PO- 2nd – Indelible Ink – Register of voters – voter slips
  (Pink and White).
 PO- 3rd – Control Unit for Chairperson election – He will
  sit near PrO –
 PO – 4th Control unit for member election – He will also
  sit near PrO.
 Where more than 1000 voters in a PS, on extra P.O.
 In case of replacement of EVM, new EVM should be put
  to use only after conducting mock poll, clearing the data
  of mock poll and recording the certificate of mock poll in
  PrO declaration format.


                                                          262
Facilities for the physically challenged
                  electors
     [Rule 38A r/w 78 of Raj. M. (Elec) Rules, 1994]

 They should be given priority for entering PS
  without having to waid in queue.
 Ramps to be provided in polling station building.
 Full facility be provided to take their wheel
  chairs inside the PS.


                                                       263
 Courteous behavior towards them and providing
  necessary support to them in polling station.
 PrO should follow the provisions of Rule 38A –
  regarding companion of blind / infirm voter.
 Wide publicity about the facilities to be given to
  such voters.

                Supervisory visit
   Observers, Zonal Magistrates, etc.


                                                  264
               After close of poll
   Tally 14A, 14C or 14CC and EVM count
   Proper sealing of EVM and election papers
   PO diary to be completed
   Form 14C or 14CC – polling agents are allowed
    to copy.
   Zonal Magistrate to ensure about arrangement.


                                               265
    Transmission of sealed EVMs and election
                papers to the R.O.
[Rule of 50A r/w 78 of Raj. M. (Elecion) Rules 1994 and SEC's letter No. 3149
                                   dt. 6.11.99]
 Candidates should be informed well in advance about
  the programme and route - chart for collection of used
  EVMs and other election papers from the polling station
  after the conclusion of poll.
 Candidates may make arrangement for sending there
  agents to accompany the parties however in no case
  they should not be allowed to travel in vehicle carrying
  EVMs, polling material and polling parties.
 Separate storage of EVMs of member election and
  chairperson election.
                                                                           266
             Check before receipt
 PO diary is properly filed up and visit sheet
  attached thereto.3
 EVMs are sealed.
 Polling Agents, are allowed to copy the Form
  14C, 14CC or given the copy of Form 14C14CC.
 All documents / material as per printed list is
  available.

     Arrangements at reception centre
   Lighting, drinking water, first aid and other
    medical facilities – Transport arrangements
    should be in place.
                                               267
     Safe custody of EVMs, election papers,
                material after poll
[Rule 50A r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's No. 3149 dt. 6.11.99
                           and No. 404 dt. 21.10.94]
   EVMs, election papers and material shall be deposited by
    Presiding Officer at collection centre without any delay.-
    Separate storage of EVMs of members election and
    chairperson election.
   Earmark space in the form of squares at the floor of
    storage room for EVMs received from polling stations.
    Such squares should be serially numbered and to be
    distinguished for member election or chairperson
    election.
   All the control units and ballot units from one polling
    station shall be put together in the same square. The
    control unit should be kept on top of the ballot unit.
                                                                            268
 The account of votes and pink paper seal
  account (14C or 14CC) of concerned polling
  station should be kept on the top of the control
  unit.
 Only the packets containing (i) Account of votes
  recorded, (ii) declarations by presiding officers
  should alone be kept on the control unit in
  strong room. Presiding Officer's diary should not
  be kept in the strong room.
 Storage room for polled EVMs should be safe
  and secure and as per directions of SEC.
 Candidates or their agents may watch the
  sealing of storage room and may affix their
  seals on doors/windows.
                                                 269
 After sealing of storage room nobody is allowed
  to go inside until morning of day of counting. If
  the room is opened earlier, due to some
  unavoidabel reason, candidates or agents should
  be informed and room should be opened in their
  presence. The candidates/ agents should be
  again allowed to affix their seals.
 Log book (format is annexed with SEC's circular
  dt. 21.10.94) shall be maintained properly.
 Two-cordoned security for strong room – CC/TV
  cameras be installed.
 Election papers – sealing thereof – to be put up
  in steel trunks which will be deposited in safe
  custody.
                                                 270
         Messages regarding poll
    [As per statement No.5 given in the booklet showing
                    statistical proformas]

   Timely messages about the progress and
    completion of poll be sent through telephone
    and other quickest means to the controll room
    of SEC and-
     (a) the day's significant events.
     (b) the percentage of poll from time to time.
     (c) the final percentage of poll,
     (d) the depositing of polling material may be
          intimated.
                                                          271
 Adjournment of Poll due to death of a
         Candidate before poll
    [Rule 56 r/w 78 of Raj. M. (Election) Rules, 1994]
 Adjourment only on the death of a candidate set
  up by a Recognised Political Party.
 Recognised political party for this purpose
  means a recognised National Party or party
  recognised as a State Party in this State. A party
  recognised in other State shall not be treated as
  recognised party.
 Report of adjournment of poll shall be sent to
  SEC, Secretary, LSG Deptt. immediately.
                                                         272
           Adjournment of poll due to
                disturbances etc.
    [Rule 52, 53 and 54A r/w 78 of Raj. M. (Election) Rules,
           1994 and SEC's letter No. 3283 dt. 18.11.99]
   Presiding Officer of a polling station is
    empowered to adjourn the poll.
   R.O. shall report the circumstances immediately
    to the SEC.
   Reports to be sent to SEC shall be in the format
    prescribed by the SEC.
   Recommencing of adjourned poll only after the
    approval of SEC.
   No counting shall commenced until the
    completion of adjourned poll.
                                                               273
        Fresh poll in case of errors/
              irregularities etc.
[Rule 55, and 62A r/w 78 of Raj. M. (Election) Rules, 1994
            SEC's letter No. 3283 dt. 18.11.99]
 R.O. shall sent report the circumstances to the
  SEC. The SEC has prescribed format for such
  report. (Annexures of SEC's letter No. 3283 dt.
  18.11.99.
 Only SEC is competent to declare the poll at a
  polling station to be void.
                                                         274
    Fresh poll in case of booth capturing
[Rule 55 r/w 78 of Raj. M. (Election) Rules, 1994 and SEC's
      letter No.2310 dt. 24.8.95 and 3283 dt. 18.11.99]


 Report by the R.O. shall be sent in the format
  prescribed by the SEC.
 Only SEC is competent to declare the poll at a
  polling station to be void.


                                                         275
Presiding Officers diary-to be inspected
           [SEC's letter No. 858 dt. 4.10.99]
 Presiding Officers diaries of every polling station
  are to be inspected by R.O. , while depositing
  the polling material. Candidates will also be
  allowed to inspect it.
 Presiding Officer's diary alongwith extra copy of
  accounts of votes recorded should be kept under
  safe custody of RO or one of the ARO and
  always be made available for inspection till
  counting of votes is over and it is not to be kept
  in strong room in any event.
 Information contained in these diaries should be
  taken into account for making recommendation
  for fresh poll.                                  276
          Account of votes recorded
                 [Margdarshika for P.O.]
   Candidate or polling agent at the polling station,
    should be allowed to copy the account of votes
    recorded (Form 14C or 14CC).

       Appointment of polling agents
               identification.
   Specimen signatures of all the contesting
    candidates and their election agents should be
    obtained and photo copies of there signatures
    should be supplied to polling parties, Zonal
    Magistrates etc.
                                                    277
    COUNTING OF VOTES AND
    DECLARATION OF RESULTS

          Programme of Counting
    [Rule-57 r/w 78 of Raj. M. (Election) Rules 1994]

 Programme of counting of votes, shall be
  approved by the SEC.
 Separate counting for chairman election and for
  member election.




                                                        278
       Selection of Counting Centres
[Rule 57 r/w 78 of Raj. M. (Election) Rules, 1994 SEC's No.
                      765 dt. 22.11.94]


   While selecting the building, norms prescribed
    vide the instruction of SEC should be followed.




                                                         279
    Assessing requirements of furniture
             and other material

   For conting of Member elections and Chairman
    election Requirements of furniture, stationery
    and other material, such as - counting trays,
    black-board,   light-arrangements,  shall   be
    assessed and arrangement thereof.



                                                280
    Arrangements for emergency lights

   Foolproof effective alternative arrangements for
    lights should be made in and around the
    counting halls by providing standby generators,
    Petromax Lamps or emergency lights.




                                                  281
    Fixing the time, date and place - and
          giving notice to candidates
      [Rule-57 r/w 78 of Raj. M. (Election) Rules 1994]


   After approval of time, date and place, notice
    thereof shall be given to each candidate or his
    election agent.




                                                          282
                Counting Agents
[Rule 58 r/w 78 of Raj. M. (Election) Rules, 1994 and SEC's
       instruction No. 362 dt. 27.10.94 and No. 765 dt.
                          22.11.94]
 Obtain the list of counting agents with their
  photographs from all the contesting candidates
  by 2 days prior to date fixed for counting. Photo
  identity cards of the counting agents should be
  issued then and there.
 Allow in counting premises only such counting
  agents who are holding photo identity cards, but
  they should be allowed inside the counting hall
  in turn when their respective ward is taken for
  counting.
                                                         283
……..Counting Agents




 Each candidates can appoint as many counting
  agents as there are counting tables and one
  more to watch at RO's table.
 Political parties and candidates be informed in
  advance, about arrangements.
 Each counting agents may have a badge
  indicating whose agent he is and the serial
  number of the table.


                                               284
    Appointment of Counting Assistants/
                Supervisors
      [Rule 59 r/w 78 of Raj. M. (Election) Rules, 1994]
   Assess requirement of counting Supervisors/
    Assistants and other staff for the counting.
   Counting staff shall be appointed with the
    permission of DEO.
   Ensure that no Counting Supervisor/ Asstt. has
    affiliation with any candidate or party.
   Staff of State Govt. should be appointed
   One supervisor and one assistant is sufficient for
    a table.
   Intensive training be given.
                                                           285
    Constituting the counting parties
 Counting staff drawn from different offices of
  State Govt. should be mixed properly.
 Selection of counting Supervisiors and Asstts.
  should be done on random basis.
 No person should be assigned duties in a ward
  in which he is posted or resides.
 Efforts should be done that Table No., Hall No.
  and ward No. (in case of member election)
  should be intimated to the Counting Supervisors
  and Assistants just before the commencement of
  counting of votes.

                                                286
Arrangements at the Counting Centres
 [SEC's instruction vide msg No. 404 dt. 21.10.94 and No.
           765 dt. 22.11.94; No. 6243 dt. 12.8.05]
 All counting halls of a municipalities should be in
  the same premises.
 A counting hall means a separate room walled
  on all sides and preferably with separate exit
  and entry facilities.
 In case two or more counting halls are to be set
  up in one big hall, a clear temporary partition
  should be provided, so that no movement from
  one hall to the other may be possible.
                                                            287
…….Arrangements at the Counting Centres



   Arrangements for food packets, drinking water,
    toilets.
   Unauthorized persons not to be allowed.
   Counting plan – in advance.
   In case more than one hall is used each hall
    should be under the charge of separate ARO.
   If counting of votes of two or more wards is
    arranged side by side on separate sets of tables
    in the same hall, great vigilance is to be
    exercised.
                                                  288
…….Arrangements at the Counting Centres

   Barricades in the counting hall should be
    provided in such a manner that counting tables
    of each ward are arranged in a block, to ensure
    that EVMs of a ward are not mixed with the
    EVMs of other ward.
   Counting of votes must be completed on the
    same day, so that election of Deputy
    Chairperson can be held on next day.
   Counting of votes – at municipal headquarter.
   Public address system will be provided.
   Separate room for media-personnel. – Static
    camera or video not to be allowed inside
    counting hall.
                                                 289
          Security arrangements
          [SEC's Msg. No. 765, dt. 22.11.94]
 There should be an outer security ring and an
  inner ring in the counting centre.
 Proper barricading to prevent unauthorized
  entry.
 Crowds are not to be allowed to collect near by
  counting centre.
 No counting agent without proper identity and
  having photograph duly displayed on its person
  shall be allowed to cross the first cordon.
                                               290
    …….Security arrangements



 Post security guards and the fire brigade etc.
 Ensure that persons entering the counting
  centre do not carry arms, match box, missiles,
  or other objects which can be used for causing
  injury or damage of any kind.
 Counting agents and others not to be allowed to
  go outside during the counting process.



                                               291
           Entry into counting hall
[Rule 60 r/w 78 of Raj. M. (Election) Rules, 1994 and SEC's
    order No. 920 dt. 26.11.94; No. 2144 dt. 12.8.95; No.
           2311 dt. 24.8.95; No. 6364 dt. 16.8.05]
 Only the following persons can enter counting
  centres: -
(a) Counting Supervisors and Assistants and others
  appointed by R.O.
(b) Persons authorized by SEC/DEO.
(c) Public servants on election duty.
(d) Candidates, their election agents and counting
  agents.
                                                         292
…….Entry into counting hall




 No other persons irrespective of his social or
  political or any other status or office can enter.
 Ministers of Central or State Govt. shall not
  enter any counting centre except as a candidate
  or an agent.




                                                  293
Restrictions on use of cellular phones etc.
               [SEC's No. 4158 dt. 25.11.99]
   Cellular phones, cordless phones, wireless sets
    etc. shall not be allowed within and around the
    counting centre (except to the officers on
    election duty and security personnel)

Procedure of counting and recounting.
    [Rule 63 (A) r/w 78 of Raj. M. (Election) Rules, 1994]
   R.O. to make himself thouroghly familiar with
    the relevant legal provisions of Raj. M. (Election)
    Rules, 1994, and guidelines issued by SEC.
                                                             294
 Before counting begins see that no persons who
  is not entitled is present in the room.
 After counting of votes of each polling station
  get signatures of counting agent/candidate on
  Part-II of Form 14C or 14CC, as the case may
  be.
 Where repoll is to be held it is necessary to
  withhold commencement of entire counting.


                                               295
      Counting of postal ballot papers
    [Rule 63 (A) r/w 78 of Raj. M. (Election) Rules, 1994]
 Counting of postal ballot papers should be done
  by the R.O.
 Procedure of counting of postal ballot papers
  received from voters on election duty has been
  prescribed by the SEC's S.O. No. 35/99 dt.
  9.11.99
 Procedure of counting of postal ballot papers
  received from voters under preventive detention
  has been prescribed by the SEC's order No. 262
  dt. 1.10.94
                                                             296
   Postal ballots received upto the time fixed for
    commencement of counting, will be taken for
    counting.
   In 1st phase – larger covers [k be opened and
    declarations by voters will be scrutinized.
   In 2nd phase – small cover d should be opened
    and ballot paper will be scrutinized.
   After counting of postal ballot papers result of
    the same shall be entered in Result Sheet (Form
    21 or Form 21A)
   Postal ballot papers received late, shall neither
    be counted nor be shown as rejected votes in
    Result Sheet.
                                                   297
Minutes to be drawn regarding sealing
         of used ballot papers
   After the sealing of the used ballot papers in
    packets, proceedings should be drawn up.

    Sealing of EVMs and election papers;
               and safe custody
[Rule 63B, 73 and 74A r/w 78 of Raj. M. (Election) Rules,
                          1994]

   Immediately after counting is over, packets of
    election papers sepecified under rule 73 shall be
    sealed with R.O's seal.
                                                        298
 After sealing is over, the secret seal should be
  put into a separate packet which should also be
  sealed. Candidates may be allowed to put their
  seals on the packet.
 Advance arrangement of steal boxes, locks,
  transportation, security, space in treasury should
  be ensured.



                                                  299
     Declaration of result and return of
                   election
    [Rule 66, 67 and 68 r/w 78 of Raj. M. (Election) Rules,
                             1994]

 Announce the result and complete and sign
  Result Sheet in Form 21 or 21A.
 Formal declaration of result shall be made in
  Form 22 or 22A or 22AA, as the case may be.
 Date of result is the date of result declared.



                                                              300
              Certificate of election
      [Rule 71 r/w 78 of Raj. M. (Election) Rules, 1994]

 Soon after declaration of result, candidate shall
  be granted a certificate of election in Form 23 or
  23A.
 Receipt of such certificate shall be obtained from
  candidate     Signature of candidate on the
  acknowledgement shall be duly attested by the
  R.O.
                Reports of election
   Intimation of the result of election shall be sent
    online as directed by SEC.
                                                           301
               Publication of results
    [Rule 72 r/w 78 of Raj. M. (Election) Rules, 1994; SEC's
                   Msg. No. 2158 dt. 14.8.95]
 Name of elected persons shall be published in
  Gazette Extra- ordinary Part-VI-A.
 Format of notification is Annexed with the Msg.
  Dt. 14.8.95.
 The format duly filled up and duly signed with
  seal (2 copies) be sent to SEC.

                                                               302
                Statistical information
         [As per given in booklet showing statistical proformas]
   Data through e-mail, - Election results online.

                                Oath
    [Section 37 of Raj. M. Act, 2009 and Rule 69 of Raj. M. (Election)
       Rules, 1994; SEC's Msg. No. 683 dt.17.11.94 and No. 4094 dt.
                                  22.11.99]

 Collector may by a formal order nominate the
  same R.O. appointed under rule 9 as his
  nominee to administer oath to the elected
  member.
 Oath may be administered in prescribed form
  u/r 69.
 Before participation in the meeting for election
  of Dy. Chairperson, the oath of office is must for
  the elected member and Chairman.                                       303
                   Election of Chairperson
 [Sec. 43 of Raj. M. Act, 2009 and rule 78 and 78A of Raj. M. (Election) Rules,
                                       1994]
    The office of Chairperson shall be filled through direct
     election by the voters of all the wards of municipality.
    Simultaneous election of ward members and
     chairperson.
    Provisions of Rule 10 to 77 and Chapter IIIA shall apply
     mutatis mutandis to the election of a Chairperson,
     subject to following changes-
a)   Higher Security deposit as mentioned in forgoing slides.
b)   Ten probosers for independent candidates.
c)   After election Oath before collector/authorized officer.
d)   Changes in forms.

                                                                              304
 Restriction    on    MLA/MP/Member       or
  Chairman of PRI to contest election of
  Chairperson.
 Restrictions to contest election for office
  of Chairman and a seat from a ward.
 A person who is qualified and is not
  qualified for being chosen as a member of
  the municipality is eligible to contest
  election of Chairperson.

                                           305
                 Election of Dy. Chairperson
    [Sec. 43 of Raj. M. Act., 2009 and rule 79 to 89 and 94 of Raj. M (Election)
                                     Rules, 1994]

 The meeting for election will be held on the day
  immediately succeeding of declaration of result
  of ward member and Chairpersons.
 Immediately after the declaration of result of
  ward members and Chairpersons on the day
  fixed for counting of votes, notice of meeting for
  election of Deputy Chairperson be affixed on the
  notice board of Municipality.

                                                                                   306
 Only   elected members (not other
 members of a municipality) are
 eligible to participate in the meeting.




                                      307
    Issue of notice and timings for
               each stage
                 [Rule 80]

 Hours for receipt of nomination, scrutiny
  and last date of withdrawal, poll and
  counting is prescribed in rule 80.
 List of elected members to be got typed
  and supplied free of cost on the day of
  election of Dy. Chairperson.
                                         308
                Nominations etc.
     [Rule 81 to 87 of Raj. M. (Election) Rules, 1994]

 Nomination paper to be presented by candidate
  personally or by proposer to Returning Officer in
  Schedule-I.
 Autorisation of official candidate by a recognised
  party not needed. Mere declaration of the
  candidate in his nomination paper that he is set
  up by a party, is sufficient.
 Notice of withdrawal in Schedule-IIIA to be
  given personally to Returning Officer.
 No provision for tendered vote.

                                                         309
   No security amount to be deposited with
    nomination form.
   Dy. Chairperson will be elected by the elected
    members amongst elected members.
   Returning Officer to assist blind and infirm
    members to vote (Rule 86 (6))
   Vote shall be given in person and not by proxy.
    (Rule 86(8))
   Result to be declared:-
     (i) If contested in Schedule – VI
     (ii) If un contested in Schedule-V
                                                 310
 Note:- Copy to be sent to SEC, Dist. Municipal
  Election Officer and Director of Local Bodies.
 Two copies to be prepared by Returning Officer
  in respect of the following lists one be affixed on
  notice board of Municipality and second copy be
  kept on file :-
   (a)List of proposed nominated candidates
      (Schedule-II (Rule81(5))
   (b)List of validy nominated candidates in
      (Schedule-III (Rule 83))
   (c)List of contesting candidates (Schedule-IIIB
      (Rule 84 (3))

                                                   311
         Appointement of polling officers
                [Rule 86 of Raj.M (Election) Rules, 1994]
   Municipal staff not to be deployed on polling
   Two polling officers should be appointed.
   Duties of polling officers:-
   First Polling Officer
    (a) To tick mark name of member in list of election
        (i.e. elected ward members and Chairpersons)
    (b) Issue of ballot papers duly folded without writing
        S.No. of the list.
   Second Polling Officer Incharge
    (a) Arrow cross mark seal
    (b) Ballot box
    (c) Stamp pad
                                                            312
                    Ballot Paper
[Rule 86, and SEC's instruction vide No. 2305 dt. 24.8.95]

   The width of ballot paper will be between 3
    inches and 4 inches.
   Name of candidate will be appeared on left side.
   Symbols will not be appeared.
   Party affiliation will not be appeared.
   Width of space provided for each candidate will
    be same and it should not be less than size of
    arrow cross mark seal.
   Instrument supplied for purpose to vote means
    arrow cross mark seal.
                                                         313
                 Result of Election
                         [Rule-87]
   Soon after declaration of result of election in
    Schedule-VI alongwith Schedule-VIII be sent to
    SEC, DEO, Director Local Bodies and Secretary,
    Local Self Government.

                          Oath
   No oath after Dy. Chairperson election is resquired
    under the Raj. M. (Election) Rules.

              Publication of results
[Rule 88 of Raj.M (Election) Rules, 1994 and SEC Instruction
                  vide No. 2159 dt. 14.8.95]
   Notification in format prescribed by the SEC be
    send to SEC for publication in Gazzete.              314
  RESTRICTIONS ON USE OF
VEHICLES, LOUDSPEAKERS etc.
    SEC’s Power to impose restrictions
      [Sec.23 of Raj. M. Act, 2009 and SEC's notfn. dt.
                  25.7.2000 and 23.10.2009]

   Sec. 23 (old Section 32A) empowers the SEC to
    impose restriction on the use of vehicle or
    loudspeakers, on displaying of cut-outs,
    hoardings, posters, and banners by candidate/
    election agent.

                                                          315
            Restriction on use of vehicles
    [Sec.23 of Raj. M. Act, 2009 and SEC's notfn. dt. 25.7.2000 and
                               23.10.2009]
 Use of Bus, Truck, Minibus, and Matador is prohibited in
  electioneering.
 Other vehicles, namely Jeeps, Cars, Three Wheelers,
  Tampos, Tangas or cattle cart can be used for
  electioneering.
 For member election Maximum number of vehicles
  allowed are :-
   (a) Two in election for a ward of Municipal
        Corporation.
   (b)Only one in election for a ward of Municipal
       Council/Board.
   (c) Before use of vehicles, candidate/election agent will
       inform in writing to the RO at least 24 hours before
       such use. Detail of vehicle and driver.
                                                                      316
  For Chairperson election-
  i. Prior permission from RO is must.
  ii. Display of permit on windscreen is must.
  iii. Declaration about used vehicles in prescribed Form
       within 3 days after result is must.
 No convoy of more than three motor cycles or scooters
   including permitted vehicles.
 No convoy or rallies of vehicles during the period of 48
   hours ending with close of poll.
 For use of vehicles on poll day, permit from RO shall be
   necessary.
 Such permit will be cancelled in case of vehicle found
   carrying voters in contravention of SEc. 123(5) of R.P.
   Act.
                                                        317
    Restriction on use of loudspeakers.
 Use of loudspeakers after 10.00 PM and upto
  6.00 AM is totally prohibited.
 After 6.00 AM and upto 10.00 PM loudspeakers
  can be used only after written permission from
  DM/SDM or any authority under law.
 Before giving permission, details about meeting
  or vehicle, be obtained, where loudspeakers will
  be used.
 During period of 48 hours ending with close of
  poll, total prohibition on use of loudspeakers.
                                                318
       Restriction on use of cut-outs,
       hoardings, banners, posters etc.
   Displaying of cut-outs and hoardings are totally
    banned.
   Posters and banners can be displayed subject to
    local bye-law. For displaying at public place,
    prior written permission from competent
    authority, is must.
   No banner or poster within 200 meters of PS on
    poll day.
   Banner upto 2x5 ft. size can be displayed on
    election booth of candidate – beyond 200
    metres of PS.
   Displaying of posters in contravention of Sec.
    127A of R.P. Act, 1951, not allowed – Name and
    address of printer and publisher is must.     319
  Maximum limit for expenses on posters and banners are :-
(a) For Ward Members-
    (i) In M. Corp. – Rs. 20000/-.
    (ii) In M. Council – Rs. 15000/-.
    (iii) In M. Board – Rs. 10000/-.
(b) For Chairperson
    (i) In M. Corp. – Rs. 2 lacs.
    (ii) In M. Council – Rs. 1 lac
    (iii) In M. Board – Rs. 50000/-.
 Details of posters/banners and expenses incurred upon will be
   submitted to nominee of DEO in prescribed Form within 3 days after
   result.
 Declaration by candidate in prescribed Form will be exhibited on
   notice board of nominee of DEO for three days.
 Any objections, presented before DEO's nominee, will be considered
   and appropriate action will be taken.



                                                                   320
    Lodging of complaint in court of law
 In case of any violation of restriction imposed by
  SEC, the SDM or RO; as the case may be, after
  conducting enquiry, will lodge a complaint in the
  competent court.
 Copy of such compliant and such enquiry report
  will be sent to SEC and DEO, both, within three
  days of lodging the complaint.
 Follow up actions be taken.
 Penalty upto Rs. 2000/- can be imposed by the
  competent court.
                                                  321
             On conviction u/s 23
               [Sec. 23 of R.M. Act, 2009]
   Order of the competent court may be intimated
    to the SEC alongwith certified copy of judgment
    so that SEC may consider the case to declare
    the person disqualified for being chosen or for
    being member of any municipality for maximum
    period of six years.


                                                 322
              MISCELLENEOUS
Forfeiture/Refund of security deposits
          made by candidates.
    [Rule 22 r/w 78 and SEC's Order No. 1063 dt. 13-12-94]
 A deposit can be refunded only to the person by
  whom it was made in the treasury or his legal
  representatives if he is dead.
 The deposit shall be refunded if the conditions
  laid down under rule 22 are fulfilled.

                                                             323
   Security amount be refunded to elected
    candidate, even if he secured less than 1/6 valid
    votes.
   Security amount of a candidate who secured less
    than 1/6 of valid votes, shall be forfeited.
   Deposit which is not refundable shall be
    forfeited.
   Security amount to be refunded to those
    candidates whose nomination papers have been
    rejected or who have withdrawn the
    candidature.
   Before ordering refund, details should be verified
    with the papers relating to nominations etc.
                                                    324
                     R.O's report
 Report in Form shown at SEC's letter, should be
  sent to SEC.
 Ensure in advance that required information from
  Presiding Officers is available and mentioned in
  P.O. diaries.

    Safe custody of election papers and EVMs
[Rule 73 r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's order
                     No. 3153 dt. 9.11.99]
 R.O. will have to keep the steel trunks containing
  election papers and EVMs under double lock in the
  Treasury till disposal of election papers.
 One set of keys of the sealed steel trunks will be
  entrusted to T.O. and the other set will be kept by
  the R.O. himself.
                                                          325
    Production and inspection papers
 [Rule 74A r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's
                order No. 3154 dt. 09.11.99]
 Election papers other than those reffered to in
  sub-rule (1) of rule 74A shall be opened to
  public inspection subject to the directions issued
  by the SEC.
 The control units kept in the custody of R.O.
  shall not be opened inspected or produced
  except under the orders of competent court.
 Fee prescribed by the SEC shall be charged for
  election papers and attested copies thereof.
                                                        326
 During inspection of election papers, effective
  supervision by officials is necessary. Simaltenous
  inspection by a large number of persons should
  not be allowed.
 SEC has prescribed the same rate as applicable
  under the Revenue Courts Manual.
 Copies of Result Sheet in Form 21 or 21A and
  declaration of results in form 22/22A/22AA will
  be supplied on payment of fee as charged in the
  case of other records.

                                                  327
    Disposal of election papers and EVMs
 [Rule 75A r/w 78 of Raj. M. (Elec) Rules, 1994 and SEC's
                order No.3150 dt. 9.11.99]

 The SEC has issued directions under rule 75A(a),
  75A(b) and 75A(d) for the disposal of election
  papers.
 EVMs shall be retained intact for such period as
  the SEC may direct.
 Form 21 or 21A and Form 22/22-A/22-AA should
  be kept as permanent record.
 Till expiry of three months after final disposal of
  an election petition all the election records and
  EVMs shall be retained intact.
                                                        328
Presented by :


            R.K. Pareek



                          329
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