Handbook for Returning Officers (For Council Elections)
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For Official use only. HANDBOOK FOR RETURNING OFFICERS FOR ELECTIONS TO THE COUNCIL OF STATES AND STATE LEGISLATIVE COUNCILS ELECTION COMMISSION OF INDIA 1992 (Reprint- 1996) HANDBOOK FOR RETURNING OFFICERS CONTENTS Chapter Page I. PRELIMINARY………………………………………. 1 II. CONSTITUENCIES, ELECTORAL ROLLS AND POLLING STATIONS Constituencies .............................................................. 8 Delimitation of Council Constituencies ....................... 8 Electoral Rolls................................................ .............9 Place of Poll and Polling stations............................... .12 Facility of Postal Ballot.............................................. .25 III. POLLING PERSONNEL Power to Appoint Polling Personnel.......................... 30 Set up of Polling Stations........................................... 36 IV. ELECTION MATERIALS…………………………...40 V. NOMINATIONS Issue of Public Notice ................................................ 44 Filing of Nomination papers ...................................... 47 VI. SCRUTINY scrutiny-quasi-judicial duty ........................................63 Grounds for rejection of Nomination papers ..............65 Alphabetical arrangement of Name of Candidates…. 70 VII. WITHDRAWAL OF CANDIDATURES Intimation by Political Parties of name of Candidates set up by them ..........................................75 Publication of list of Contesting candidates.................77 VIII. UNCONTESTED ELECTION......................................86 IX. BALLOT PAPERS AND BALLOT BOXES Form and Language of Ballot Papers...........................89 Distinguishing Mark on the Ballot Papers .................103 Supply and return of Postal Ballot Papers..................108 Voters on election Duty..............................................111 Ballot Boxes ...............................................................119 X. ARRANGEMENTS FOR THE POLL Model code of conduct...............................................126 XI. THE POLL Legal Provisions.........................................................130 Elections to the council of states ................................131 Who is entitled to Vote...............................................135 Persons to be admitted Inside the Polling station …..136 Preparation of Ballot Box...........................................140 Preparation of Ballot Papers for Issues ......................142 Voting by illiterate, Blind and Infirm voters..............146 Challenged and Tendered Votes .................;.............148 Method of voting........................................................148 Simultaneous elections to Council of states & State Legislative Councils..........................................156 Election in Council Constituencies ............................158 Common Polling Stations for graduates' and Teachers' Constituencies ............................................162 Death of a Candidate-Countermand of Polls ........... 168 Adjournment of Poll................................………….. 170 Procedure for Holding Fresh Poll ............................ 174 XII. COUNTING OF VOTES Legal Provisions……………………………………179 Counting of votes at Election to the Council of States.....................................................................180 Persons Allowed in Counting Hall .......................... 182 Counting of votes received by Post ......................... 185 Grounds for Rejection of Ballot Paper .....................188 Value of votes, Ascertainment of quota....................194 Detailed Process of Accounting................................196 Counting of Votes at Election to the State Legislative Council ..........................................212 Sealing of Ballot papers etc. after Counting .............230 Safe Custody of Election Records by District Election Officer.........................................................233 XIII. DECLARATION AND PUBLICATION OF RESULT OF ELECTION Report of result of election .......................................237 Publication of results of elections.............................242 Term of Office of Members......................................244 XIV. RETURN AND FORFEITURE OF DEPOSITS………………………………………. 246 XV MISCELLANEOUS Submission of Report by the returning Officer.............254 Safe. Custody of Election Papers..............................254 Disposal of Election Papers ......................................259 FOREWORD Elections to the council of states and states and State Legislative councils are held under the system of proportional representation by means of the single transferable vole. These elections are different in several material aspects from elections to the House of the People and the state Legislative assemblies held under the system known as 'first past the post' system. 2. The Election Commission had published in 1978 a ``Handbook for guidance at biennial elections and bye-elections to the council of states and state Legislative Councils". This handbook has not been revised thereafter. Besides, this handbook is not self- contained and makes repeated references to the "Handbook for returning Officers for elections to the House of the People and state Legislative assemblies," wherever there are certain common features for both types of elections. For such matters, one has to consult the other handbook. 3. The Commission has considered it desirable to bring out a new handbook for Returning Officers for elections to the Councils of states and State Leg- islative Councils, as a self-contained compendium. Hence the present handbook. 4. This handbook, in a continuous narrative form explains in detail, the powers, duties and func- tions of the returning Officers during various stages of elections to the Council of states and state Leg- islative Councils. 5. While every endeavor has been made to cover all salient features, this handbook is no substitute for the relevant provisions of the Constitution of India, the Representation of the people act, 1951 and rules and orders made there under insofar as the same relate to the functions of the returning Officers. They are advised to familiarize themselves thoroughly with these provisions which are con- tained in the Manual of Election Law. 6. It is hoped that this handbook will serve as a useful guide for the Returning Officers and others connected with elections to the Council of states and State Legislative Councils in the discharge of their functions. T.N. SESHAN New Delhi Chief election Commissioner of India Dated: July 31, 1992 CHAPTER I PRELIMINARY The smooth conduct of an election right from the issue of public notice for election to the declaration of the result and safe custody of election papers thereafter mainly depend on you and the electoral machinery under you. Even a slight mistake/lapse or wrong interpretation of the law or the rules may vitiate the election. You have a well-defined and vital role to play in the entire process. It is, therefore, necessary for you to acquaint yourself fully with the up-to-date rules and procedure connected with the conduct of elections and also familiarize yourself thoroughly with the steps to be taken at various stages. 2. This Handbook is designed to serve that pur- pose. The broad outlines of your duties are given in the following pages. It may be noted that this Hand book cannot be treated as exhaustive in all respects or as a substitute reference for various provisions of election law governing the conduct of elections. Whenever you are in doubt as to the clarity of in structions contained herein, reference should be made to the corresponding Acts and Rules. 3. The provisions relating to election to the council of states and Legislative Councils are con tained mainly in: (1) The Constitution of India; (2) The Representation of the People Acts, 1950 1 and 1951 and the rules made thereunder, namely: registration of electors Rules, 1960 and conduct of elections rules, 1961; (3) The Legislative councils act, 1957; (4) The Prohibition of Simultaneous Member- ship Acts of concerned states and the Prohi- bition of simultaneous Membership rules made by the President under Articles 101(2) and 190(2) of the constitution; (5) The Parliament (Prevention of disqualifica- tion) Act, 1959 and Acts of the state Legis- latures relating to the removal of disquali- fications; and (6) The Delimitation of Council Constituencies Orders. It is essential that the relevant provisions of these enactments should be studies carefully. 4. There are some special features characteristic of these elections. These are enumerated below: (1) Neither the council of states nor the Leg- islative council of a State is subject to dissolution. As nearly as possible, one third of the members thereof retire, as soon as may be, on the expiration of every second year [Articles 83 and 172(2)]. Bi- ennial elections are held to fill the va- cancies of members in the Council of states and Legislative Councils of states retiring on the expiration of their term of office (Sections 2 and 16 of the repre- 2 sentation of the People Act, 1951). Bye- elections are held to fill casual vacancies (Sections 147 and 151 of the representation of the People Act, 1951). (2) (a) The total number of elected representatives of states including Union, territories in the council of states should not exceed 238. The representatives of a state are elected by the elected members of the Legislative assembly of the state [Article 80(4)]. The representatives of the Union territories are chosen in the manner prescribed by Parliament