Hand Book

for Candidates
(At Elections to the Andhra Pradesh Legislative Council)

Chief Electoral Officer

Andhra Pradesh
 F O R E W O R D
This manual forms part of our continuing
efforts at voter education in the context of the
constitution of the AP Legislative Council. The
Council was in place till 1985 after which it was
abolished. After a gap of nearly twenty two
years it is being revived again.
The elections to the Council will be through
proportionate representation by single
transferable vote. There is little memory
available in Andhra Pradesh on the procedures
for conducting as well as counting in such
elections. The Election Commission has
provided detailed instructions in its Handbook
for Returning Officers for Elections to the
Council of States and State Legislative Councils.
In addition this Department has recently
produced two manuals a Manual for Voting
and Counting in Legislative Council Elections
and a Manual for Presiding Officers. Though
both these books are in the public domain, it
was decided to produce a manual aimed
exclusively at the candidates to elections to
the Council . Such an focused effort would
cater directly to issues of immediate relevance
to candidates alone
This book is the result of such an effort . It is modeled
on the “ Handbook for Candidates” produced by the
Election Commission for elections to Assembly and
Parliamentary constituencies. I am grateful to Shri CR
Brahmam retired Secretary of the Election
Commission of India and Consultant to this
Department who has taken great pains to prepare
this book on the basis of existing instructions within
a short time. I also wish to thank Shri Phani Kumar
Addl CEO who has contributed to the design and
content of this book. The strong contribution of Shri
G Srinivasa Rao, ASO in the production of this book is
also acknowledged. It is hoped that all candidates,
political parties as well as the general public will
find this book useful
This manual is not a substitute for the various
provisions of the Constitution, the Representation of
Peoples act 1950 and 1951, the Conduct of Election
Rules 1961 and the instructions of the Elections
Commission which should invariably be referred to
in case of any doubt.
Hyderabad V.Bhaskar
Chief Electoral Officer &
13 February 2007
E.O. Prl.Secretary to Government
 I N D E X

Chapter-I Preliminary 7
Chapter-II Special features characteristics of elections to the Council 9
Chapter-III Qualifications & disqualifications 11
Chapter-IV Nominations & Candidature 15
Chapter-V Scrutiny of nominations 22
Chapter-VI Withdrawal of candidatures candidates 26
Chapter-VII Election Agents 29
Chapter-VIII Campaign period 30
Chapter-IX Preparations for poll 36
Chapter-X Polling day & Poll 37
Chapter-XI Method of Voting 51
Chapter-XII Counting of votes 52
Chapter-XIII Counting Process 57
Appendices Appendix-1 - Delimitation Order 87
Appendix-2 - Form of Oath or Affirmation 89
Appendix-3 - Commission's notification of officers who can administer Oath 90
Appendix-4A - Nomination Form By MLAs 91
Appendix-4B - Nomination Form for Council Constituencies 94
Appendix-4C - Affidavit to be furnished by the candidate regarding 97
criminal antecedents
Appendix-5A - Commission's order dt. 27.3.2003 98
Appendix-5B - Affidavit to be furnished by the candidate regarding assets & liabilities 103
Appendix-6A - Form AA 106
Appendix-6B - Form BB 107
Appendix-7A - DOs & Don'ts for guidance of candidates 109
Appendix-7B - DOs & Don'ts for guidance of candidates & political parties 112
Appendix-8 - Notice of withdrawal 115
Appendix-9 - Format for specimen signatures of candidates and their election agents 116
Appendix-10 - Instructions on method of voting & sample 117
illustrations of valid and invalid ballot papers
 CHAPTER - I

PRELIMINARY

1. INTRODUCTORY
1.1 The Constitution of India has established a representative parliamentary democracy
under which elections are held from territorial constituencies as determined under the
law.
1.2. If you are standing as a candidate for election from a Legislative Council constituency, it
is essential that you should know the salient provisions of election law and procedure so
that you may not experience any difficulty or inconvenience in connection with your
candidature. Perhaps you are already aware of the basic provision of the election law and
rules; still for you benefit and guidance, this Handbook has been brought out, giving in
brief the important and relevant provisions of the law and rules in relation to an election
to the State Legislative Council (Vidhana Mandali).
2. BRIEF ABOUT ANDHRA PRADESH LEGISLATIVE COUNCIL
2.1 The State of Andhra Pradesh was formed on 01.11.1956 as a result of States Re-organisation. It was having
a unicameral legislature. The Parliament passed the Legislative Councils Act 1957 in September, 1957
providing for the creation of a Legislative Council for Andhra Pradesh with 90 seats. The Council was thus
constituted from the 1st day of July, 1958. However, the Council was abolished wef 1st June 1985. Now, the
Council is being created under the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006). The date from
which the Council comes into being is yet to be decided.
3. MEMBERSHIP STRENGTH OF THE LEGISLATIVE COUNCIL
3.1. Article 171(1) of the Constitution provides that the total number of members of the Legislative Council in a
State shall not exceed one-third of the total number of members in the Legislative Assembly of that State.
3.2 The Legislative Council of Andhra Pradesh which has been revived will have the same number of
members as the Council which was abolished in 1985. Unlike the members of any other House like, the
Lok Sabha, the Rajya Sabha or Legislative Assembly of a State, the members of the Legislative Council
represent a variety of interests. Special representation has been granted in the Council to the
representatives of
a) graduates and other persons with equivalent qualifications;
b) persons engaged in teaching in eligible educational institutions;
c) local authorities in the State; and
d) the state legislative assembly
In addition to above the Governor of the State also nominates certain members.
3.3. Andhra Pradesh Legislative Council has 90 seats which are distributed as under
a) Graduates Constituencies - 8 seats
b) Teachers Constituencies - 8 seats
c) Local Authorities Constituencies - 31 seats
d) Assembly Members Constituency - 31 seats
e) Nomination by the Governor - 12 seats

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4. DELIMITATION AND EXTENT OF CONSTITUENCIES
4.1 The Territorial extent is required to be fixed in respect of 3 varieties of the Council constituencies, namely,
the Graduates' Constituencies; the Teachers' Constituencies and the Local Authorities' Constituencies.
4.2. In pursuance of section 3(3) of the Andhra Pradesh Legislative Council Act, 2005, the “Delimitation of
Council Constituencies (Andhra Pradesh) Order, 2006” was issued on 26th September, 2006 (Appendix-1).
This order provides geographical details of each category of three council constituencies, namely, Local
Authorities Constituencies, Graduates' Constituencies and the Teachers' Constituencies; districts included
in each category and the number of seats allocated to each constituency.
4.3 So far as the 31 members to be elected by the Members of the Legislative Assembly are concerned, there
will no geographical constituency as all Council members will be elected at one election by the MLAs.
5. NUMBER OF SEATS IN EACH CONSTITUENCY
5.1 All Graduates' and Teachers' constituencies are single-member constituencies . So far as the local
authorities' constituencies are concerned, 15 are single-member constituencies and only 8 are double-
member constituencies. From these 8 double member constituencies, two members each will be elected
during a single election.
5.2 As a candidate intending to contest the election to the State Legislative Council from any of the three
categories of territorial constituencies, you should know to which category the electors in your
constituency belong and which district or districts form its territorial extent.
6. CANDIDATE MUST BE AN ELECTOR IN AN ASSEMBLY CONSTITUENCY OF THE STATE
6.1 One of the basic qualifications for candidature at an election to the Legislative Council of a State is that the
person concerned should be an elector in any assembly constituency in the State. In the next chapter, you
will find detailed discussion regarding various qualifications and disqualifications for candidature at
elections. However, it is necessary to note here that as a candidate, you must first ensure that your name has
been included in the current electoral roll of the assembly constituency which is in force on the date of
filing nominations. Even after the electoral roll for a constituency has been finally published, a person
whose name has not been included in the roll, has a right to apply for the inclusion of his name in the
electoral roll if he is qualified for such inclusion. The procedure for such inclusion is provided for in section
23 of the Representation of the People Act, 1950 and rule 26 of the Registration of Electors Rules, 1960.
Under the rule 26, an application in duplicate for inclusion of name will have to be made to the Electoral
Registration Officer of the constituency concerned in Form 6. No fee is charged for such application. After
observing the procedure laid down in the Registration of Electors Rules, 1960 the Electoral Registration
Officer may direct the name of the applicant to be included in the electoral roll if he is satisfied that the
applicant is entitled to be registered in the electoral roll.
7. INCLUSION OF NAME IN ELECTORAL ROLL
7.1. In this connection, it is necessary for you to note that under rule 26 of the Registration of Electors Rules,
1960, any inclusion of name can be ordered only after seven days from the date on which the application
for inclusion is exhibited in the office of the Electoral Registration Officer for inviting objections to such
application.
7.2. No inclusion may be possible unless the application for inclusion is made well before the notification
calling the election is issued.
8. CORRECTION OF ENTRIES IN ELECTORAL ROLL
8.1. A person may also apply under section 22 of the Representation of the People Act, 1950 for the correction
of entries in the electoral roll. Application for such correction is also to be made to the Electoral
Registration Officer of the constituency. Here again, no order for correction of the electoral roll can be
made after the last date for making nominations for an election in the constituency and before the
completion of that election.

8
 CHAPTER- II

SPECIAL FEATURES CHARACTERISTIC OF THE ELECTIONS

TO THE STATE LEGISLATIVE COUNCILS

1. PRELIMINARY
1.1. The provisions relating to election to the Legislative Councils are contained mainly in:
(1) The Constitution of India;
(2) The Representation of the People Acts, 1950 and 1951 and the rules made there
under, namely: Registration of Electors Rules, 1960 and Conduct of Elections Rules, 1961;
(3) The Legislative Councils Act, 1957; and the Andhra Pradesh Legislative Council Act 2005
(4) The Prohibition of Simultaneous Member-ship Acts of concerned states and the Prohibition of
simultaneous Membership rules made by the President under Articles 101(2) and 190(2) of the
constitution;
(5) The Parliament (Prevention of disqualification) Act, 1959 and Acts of the state Legislatures relating to
the removal of disqualifications; the Andhra Pradesh Payment of Salaries and Pensions and Removal
of Disqualifications Act 1953 and
(6) The Delimitation of Council Constituencies (Andhra Pradesh) Orders, 2006
1.2. It is essential that the relevant provisions of these enactments should be studies carefully.
1.3. There are some special features characteristic of these elections.These are enumerated below:
(1) The Legislative council of a State is not 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 172(2)].
(2) Biennial elections are held to fill the vacancies of members in the Council of
states and Legislative Councils of states retiring on the expiration of their term of office (Section
16 of the Representation of the People Act, 1951).
(3) Bye-elections are held to fill casual vacancies (Section 151 of the Representation of the People Act,
1951).
(4) The members of the Legislative council of a state are elected as provided in Article 171(3) of the
constitution. As nearly as may be,
i)one-third of its members are elected from Local Authorities' Constituencies,
ii)one-twelfth each from Graduates' and Teachers' constituencies,
iii)one-third by members of the Legislative Assembly of the State from amongst persons who
are not members of the Assembly, and
iv)the remainder is filled by nomination by Governor of persons having special knowledge or
practical experience in respect of such matters as l i t e r a t u r e, s c i e n c e, a r t , c o - o p e r a t i v e
movement and social service.
(5) The allocation of seats in the state Legislative Councils to be filled by e l e c t i o n s f r o m L o c a l
Authorities' Constituencies, Graduates' constituencies and Teachers' constituencies, by election
by Members of the State Legislative Assembly, and by nomination by Governor are fixed by the
Third schedule to the Representation of the People Act, 1950. The Fourth schedule to the said Act

9
 specifies the local Authorities in each State whose members constitute the electorates for the
Local Authorities' Constituencies in that State.
(6) The elections to the Legislative Council of a State are held in accordance with the system of
proportional representation by means of the single transferable vote [Article 171(4)].
(7) A member elected to the State Legislative Council holds office for a period of six years. A member
chosen to fill a casual vacancy will serve for the remainder of his predecessor's term of office
(Sections 154 to 157 of the Representation of the People Act, 1951). At the first constitution, the
Governor after consultation with the Election Commission of India as required under 156 (1) of
the Representation of the People Act, 1951 make provision by an order for the curtailment of the
terms of office of some of the members in order that as nearly as may be, one third of the
members holding seats of each class shall retire in every second year. Generally, term of office
of the members will be determined by lots.
(8) The Delimitation of Council constituencies Order issued by the President after consulting the
Election Commission determines in respect of each state having a Legislative Council, the
division of council constituencies, the extent thereof and the number of seats allotted to each
such constituency (Sections 11 and 12 of the Representation of the People Act, 1950)
(9) There is no reservation of seats for members of Scheduled Castes or Scheduled Tribes in the
Legislative Councils.
(10) Symbols are not allotted to any candidates. The provisions relating to the lodging of accounts of
election expenses by contesting candidates do not apply to elections to the council of states or
the Legislative Council (Section 76 of the representation-of the People Act, 1951).
(11) The method of voting adopted at these elections is by marking on the ballot papers, the figures 1,
2, 3, etc. in the International form of the Indian numeral or in the roman form or in the form used in
any Indian language. Such preferences are not to be indicated in words (Rule 37-A under Rule 70
of the Conduct of Elections Rules, 1961).
(12) The provisions relating to marking of the voter's left forefinger with indelible ink do not apply to
elections to the State Legislative Councils by members of the State Legislative Assembly and
from Local Authorities' Constituencies. The indelible ink is applied only during elections from
the graduates' and teachers' constituencies.
(13) Before any ballot paper is delivered to an elector at an election by Assembly members or in a
Local Authorities' Constituency, the serial number of the ballot paper should be effectively
concealed in the manner directed by the Commission [Rule 38A(5) under Rule 70 of the Con-
duct of Elections Rules, 1961].
(14) The minimum period of eight hours poll as fixed under section 56 of the representation of the
People Act, 1951 for elections in Parliamentary and Assembly Constituencies is not applicable to
these elections.

10
 CHAPTER III

QUALIFICATION AND DISQUALIFICATIONS

1. INTRODUCTORY
1.1. In order that you may stand as a candidate, you must possess certain qualifications and at the
same time you must not suffer from certain disqualifications. These qualifications and disqualifications are
laid down both in the Constitution and the election statutes.
2. CRUCIAL DATE FOR DETERMINING THE QUALIFICATION OR DISQUALIFICATION
2.1 The crucial date for determining whether a candidate is qualified and is not disqualified for contesting an
election is not the date on which the candidate files his nomination paper but is the date fixed for the
scrutiny of the nominations on which the returning officer scrutinizes his nomination paper [section
36(2)(a) of the RP Act, 1951]
3. QUALIFICATIONS
3.1 If you want to stand as candidate for election to the Vidhana Mandali (Legislative Council) of a State, you
must possess each of the following qualifications:
(1)in the first place, you must be citizen of India [Article 173(a) of the Constitution];
(2)in the second place, you must make and subscribe before some person authorised in that behalf by the
Election Commission an oath or affirmation according to the form set out for the purpose in Form VIIA in the
Third Schedule to the Constitution [article 173 (a)];
(3)in the third place, you must not be less than thirty (30) years of age on the date of scrutiny of nominations
[Article 173b] of the Constitution, read with section 36(2) (a) of the Representation of the People Act, 1951;
(4)in the fourth place you must be a registered elector for any assembly constituency in the State, that is
your name must have been entered in the electoral roll of the assembly constituency for the time being in
force.
Special Note: Please note that the candidate should be an elector in any assembly constituency of the State
and not in a council constituency. It is also not necessary that a candidate for election from a graduates' or
teachers' constituency should possess the same qualifications as are prescribed under the law for
enrolment as an elector in those constituencies. Legally speaking, a person who is neither a graduate or a
teacher can contest from a graduates' or teachers' constituency.
3.2. The above are the various qualifications, which you must possess if you want to stand as a candidate for
election to the Andhra Pradesh Legislative Council. You must be very careful about this. You are advised to
take special care in respect of the following two matters.
4. CORRECTION OF NAME, ETC., IN ELECTORAL ROLL
In the first place, you must see that your name has been correctly registered in the electoral roll. If there is any
mistake in the spelling or in the description of your name or your father's/mother's/husband's name or in
your address or in any other respect (including your age & sex), you must take immediate steps to get the
mistake corrected. Your attention in this connection is invited to paragraph 8 of Chapter-I. If you do not get
the mistake rectified in time, then at the time of scrutiny of nomination papers, other contestants may raise
objections, which may even go against you.To be on the safe side, you may even consult your lawyer.

11
5. OATH OR AFFIRMATION BY CANDIDATES
5.1. In the second place, you must not forget to make and subscribe the oath or affirmation (Appendix-2) to
which a reference has already been made. The Election Commission has authorised a number of persons
before whom the oath or affirmation can be made and subscribed. Relevant notifications of the Election
Commission are reproduced in Appendix-3.
5.2. For any particular election, the authorised persons are principally the Returning Officer and the Assistant
Returning Officers for the constituency. In the case of a candidate confined in a prison or under preventive
detention, the superintendent of the prison or commandant of the detention camp in which he is so
confined or is under such detention is authorised to administer the oath. And in the case of a candidate
confined to bed in a hospital or elsewhere owing to illness or any other cause, the Medical Superintendent
in-charge of the hospital or the medical practitioner attending on him is similarly authorised.
5.3. In the case of a candidate who is out of India, the oath or affirmation may be made and subscribed before the
diplomatic or consular representative of India in the country where the candidate happens to be, or before
any person authorised by such diplomatic or consular representative. Where the candidate is for any other
reason unable to appear or prevented from appearing before the Returning Officer concerned or the
Assistant Returning Officer, the oath or affirmation may be made and subscribed before any other person
specially nominated by the Election Commission on an application made to it in this behalf. The
Commission has also authorised all stipendiary Presidency Magistrates, all Stipendiary Magistrates of the
first class, all district judges and all persons belonging to the judicial service of a State other than district
judge as officers before anyone of whom, the candidate can make and subscribe the oath or affirmation.
5.4 IN ORDER TO MAKE AND SUBSCRIBE A VALID OATH OR AFFIRMATION, THE FOLLOWING POINTS MUST BE
CAREFULLY BORNE IN MIND
(i) The oath or affirmation should be made and subscribed before the date fixed by the Election
Commission for scrutiny of nomination papers at that election. In the case of Pashupati Nath
Singh versus Harihar Prasad Singh (1968) 2 SCR 812-AIR 1968 SC 1064, the Supreme Court has
placed two limitations in the matter of making and subscribing the oath or solemn affirmation. In
the first place, the Court has held that words ''having been nominated'' in the form of the oath or
affirmation in the Third Schedule to the Constitution of India clearly show that the oath or
affirmation cannot be taken or made by a candidate, before he has been nominated as a
candidate. That means, according to this finding of the court, that having regard to the relevant
provisions contained in sections 30, 31, 32 and 33 of the Representation of the People Act, 1951
the oath or solemn affirmation can be made and subscribed by a candidate only after his
nomination papers has been delivered under section 33 to the Returning Officer. In the second
place, the Court has held that the expression ''on the date fixed for scrutiny'' in section 36(2) (a) of
the Representation of the People Act, 1951 means on the whole of the day on which the scrutiny
of nomination has to take place. In other words, the qualification according to this finding of the
court must exist at the earliest moment on the day of scrutiny. This means that the oath or solemn
affirmation must have been made before the commencement of the day of scrutiny of
nominations. Such oath or affirmation cannot be made by you at any time on the date of scrutiny
before the Returning Officer takes up nomination papers for such scrutiny. The Supreme Court
has confirmed this view in the subsequent case of Khader Khan Hussain Khan and others versus S.
Nijalingappa (1970) I SCA 548. You are, therefore, well advised to take the oath immediately after
presenting your nomination papers and in any case not later than the day previous to the date of
scrutiny.
(ii) The oath or affirmation is to be made in person before the authorised officer.
(iii) It is not necessary that the oath or affirmation should be taken more than once even if you are
nominated from more than one constituency. This view has been expressed by the Supreme
Court in its judgment in the case of K.K. Khader Khan Hussain Khan and others versus S.
Nijalingappa and another (1970) I SCA 548. The language of article 173(a) makes this clear; all that
it requires is one oath or affirmation in accordance with the form set out in the Third Schedule to

12
 the Constitution so as to remove the disqualification from being a candidate for election. The
article does not mention that the making of the oath or affirmation is to be preliminary to the
validity of candidature in each constituency, and recognises the fact that once the necessary
qualification is obtained that qualification removes the bar laid down by that article. If you contest
election from more than one constituency, it is desirable that you make and subscribe the oath in
each constituency or you should have a satisfactory proof with you of having taken the oath at
any of the places so as to avoid unnecessary objections at the time of scrutiny. The onus of
proving that you had made and subscribed the oath or affirmation before some other competent
authority rests on yourself. It is sufficient if you or your representative satisfies the Returning
Officer at the time of scrutiny that you had earlier made and subscribed the oath or affirmation
before an authorised officer for that particular election.
(iv) The oath or affirmation has first to be made and then signed, by you before the authorised person.
It should be borne in mind that mere signing on the paper on which the form of oath is written out
is not sufficient. You must make the oath before the authorised person. He will ask you to read out
the oath and then to sign and give the date on the paper on which it is written. If the candidate is
illiterate or unable to read the form, the authorised person should read out the oath and ask the
candidate to repeat the same and thereafter take his thumb impression on the form. The
authorised person should endorse on the form that the oath or affirmation has been made and
subscribed by you on that day and hour
(v) The authorised person will forthwith give you a certificate to the effect that you have made and
subscribed the oath before him on that day at a particular hour. If the certificate is not given to you,
you can demand the same from him and get it.
(vi) If the authorised person is the superintendent or commandant of the prison or detention camp,
he should issue forthwith to you a certified copy of the oath for producing it as evidence before
the Returning Officer at the time of scrutiny of nominations. The superintendent of the prison or
commandant of the detention camp will simultaneously send an express telegram to the
Returning Officer indicating the date and time at which you made and subscribed the oath or
affirmation. He will also send the original of the oath or affirmation made and signed by you to the
Returning Officer.
(vii) If the authorised person is a medical superintendent of a hospital or a medical practitioner or a
diplomatic or consular representative of India in the country where you happen to be or the
district judge or person belonging to the judicial service of State other than District Judge or
Stipendiary Presidency Magistrate or Stipendiary Magistrate of the first class or any other person
nominated by the Election Commission, as soon as you have made and subscribed the oath or
affirmation, he should certify this fact on the form, keep a copy for his record and hand over the
original to you. It will be your responsibility to see that the original oath or affirmation is produced
before the Returning Officer at or before the time fixed for the scrutiny of nomination papers.
(viii) The forms for making oath or affirmation can be obtained from the Returning Officer or Assistant
Returning Officer of the constituency.
(ix) You should be careful to keep with you sufficient evidence which you should be in a position to
produce before the Returning Officer at the time of scrutiny about your making and subscribing
the oath or affirmation: otherwise, you may be in difficulty if somebody challenges that you have
not made and subscribed the requisite oath or affirmation and, therefore, you are not qualified to
stand as a candidate.
6. DISQUALIFICATIONS
6.1 Constitutional Disqualifications:
6.1.1 The basic disqualifications which the Constitution itself laid down are contained in art. 191, in relation to
membership of the state legislatures. These basic disqualifications are :
(a) holding an office of profit under the Government of India or the Government of any State; other

13
 than an office declared by law made by Parliament or by the Legislature of any State not to
disqualify its holder. A person shall, however, not be deemed to hold any such office of profit by
reason only that he is a Minister either for the Union or for the State [Explanation to articles 102(1)
and 191(1) of the Constitution].
(b) Being of unsound mind;
(c) Being an undischarged insolvent;
(d) Not being a citizen of India or voluntarily acquiring the citizenship of a foreign state or being under
an acknowledgement of the allegiance or adherence to a foreign state.
6.1.2 Statutory Disqualifications:
6.1.2.1The Constitution provided that the Parliament may prescribe such other disqualifications as deemed
necessary. The Parliament prescribed in sections 7 to 11 in chapter III of Part II of the Representation of the
People Act, 1951, the following disqualifications :
1. disqualification on conviction for certain offences (sec. 8)
2. disqualification on ground of commission of corrupt practices (sec. 8A)
3. disqualification for dismissal from government service for corruption or disloyalty (sec. 9)
4. disqualification for contract with 'appropriate government' (sec. 9A)
5. disqualification for holding office under government company (sec. 10); and
6. disqualification for failure to lodge account of election expenses (sec. 10A).
Note-1: “Disqualification” is defined in sec. 7(b) to mean disqualification for being chosen as, and for being, a
member of Parliament or State Legislature;
Note-2:“Appropriate government” is defined in sec. 7(a) to mean Central Government in relation to
disqualification to Parliament and the Government of the State concerned in relation to disqualification for
being a member of the State Legislative Assembly and Legislative Council.
6.1.3. The candidates are advised strongly to refer to the relevant provisions of the Constitution; and the
Representation of the Peoples Act, 1951, Conduct of Elections Rules, 1960, Indian Penal Code, The Andhra
Pradesh Payment of Salarie and Pension and Prevention of Disqualification Act 1953, etc as the details
given in this book are illustrative and not exhaustive.

14
 CHAPTER IV

NOMINATIONS AND CANDIDATURE

1. INTRODUCTORY
1.1 You have perhaps found that you possess all the requisite qualifications for standing as a candidate and for
being elected as a member of the Andhra Pradesh Legislative Council (Vidhana Mandali) and do not suffer
from any of the disqualifications for such membership and, therefore, you want to stand as a candidate for
an election to the Vidhana Mandali.
1.2. For the purpose of the first constitution of the Council, the Governor shall, by one or more notifications call
upon the members of the local authorities and Council constituencies to elect members (Sec.15A of the
Representation of the People Act, 1951 read with Section 5 of the A.P.Legislative Council Act, 2005 (1 of
2006). The steps for the biennial election to the Andhra Pradesh Legislative Council are set in motion by the
issue of one or more notifications under section 16 of the Representation of the People Act, 1951 by the
Governor of Andhra Pradesh.
1.3. As soon as the notifications are issued as aforesaid, the Election Commission by notification in the Official
Gazette fixes the time-table of the elections under section 30 and 39(1) of the Representation of the People
Act, 1951. This notification fixing the time-table is issued on the same date on which the Governor's
notifications for the election / biennial elections are issued. The notifications fixing the time table under
section 30 and 39(1) are published in the Official gazette of the State of Andhra Pradesh.
1.4. This notification under section 30 fixing the time table for election to the Legislative Council from Local
Authorities', Graduates' and Teachers' constituencies appoints
(a) the last date for making nominations which shall be the seventh day after that date of publication of
the notification calling the election, or if the seventh day is a public holiday, the next succeeding day
which is not a public holiday; (Thus suppose the notification for the election is issued on the 1st of
March, then the last date for making nominations will be the 8th of March (that is the seventh day),
that being the seventh day after the publication of the notification or writ calling the election. But if
the 8th of March is a public holiday, then the last date for making nominations will be the 9th of March.
If the 9th March is also a public holiday, then the last date of making nominations will be the 10th of
March, if again the 10th of March is a public holiday, then the 11th March and so on);
(b) the date for scrutiny of nominations which shall be the day immediately following the last date for
making nominations, or if that day is a public holiday, the next succeeding day which is not a public
holiday (thus if the last date for making nominations is the 8th of March, then the date for scrutiny of
nominations will be 9th of March on the assumption that the 9th of March is not a public holiday);
(c) the last date for the withdrawal of candidatures which shall be the second day after the date for
scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a
public holiday (thus suppose the date for scrutiny is the 9th of March, then the last date for the
withdrawal of candidatures will be the 11th of March on the assumption that the 11th of March is not a
public holiday); and
(d) the date on which a poll shall, if necessary, be taken which shall be a date (a) not earlier than the 7th
day after the last date for the withdrawal of candidatures in case of election to the Council by the
MLAs [(under section 39(1)] and (b) not earlier than the fourteenth day after the last date for the
withdrawal of candidatures in case of elections to the Council from the Local Authorities', graduates'
and teachers' constituencies.

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1.5. You will thus notice that neither the last date for making nominations nor the date for scrutiny of
nominations and nor the last date for the withdrawal of candidatures can be a day which is a public holiday.
But this prohibition is not applicable to the date of poll. There is no bar to the holding of a poll on a public
holiday. On the contrary, unless there be any objection on religious, customary or other grounds from any
section of the people it may be found preferable to take the poll on a Sunday or any other public holiday
because the voters then get an opportunity to appear in large number at the polling station.
Note : 'Public holiday' mentioned above means the public holiday declared as such under section 25 of the
Negotiable Instruments Act, 1881 and not any other holiday.
1.6. On the issue of the notifications by the Election Commission fixing the time table of election under sections
30 and 39(1) of the Representation of the People Act, 1951, a public notice of the intended election is issued
by the Returning Officer under section 31 of the Representation of the People Act, 1951. By this public
notice, the Returning Officer invites nominations of candidates for the election and specifies the place at
which nomination papers are to be delivered.
1.7. This public notice under section 31 is in Form 1 appended to the Conduct of Elections Rules, 1961. Generally,
the public notice in Form 1 is published on the notice board of the Returning Officer and at such other
places as he considers necessary for giving wide publicity to the notice including the offices of Gram
Panchayat, Mandal Offices, etc.
2. PERIOD OF NOMINATION
2.1 It has already been mentioned above that only eight days (including the day on which the notification is
issued) are available for the making of nominations.
3. FORM OF NOMINATION PAPER
3.1 The nomination paper must be in the prescribed form. For election to the State Legislative Council, the
nomination paper must be in Form 2D or 2E (These Forms are reproduced in Appendix-4A & 4B). Printed
copies of the form of nomination paper can be purchased from the Returning Officer at a very nominal
price. If the officially printed forms are not available or cannot be obtained you may use a privately printed,
type-written, cyclostyled, photo-copied or even manuscript form; but you must take care to see that the
form used by you exactly corresponds to the appropriate form as appended to the Conduct of Elections
Rules, 1961. You are again cautioned that you must be very particular about every entry in the nomination
form.
4. QUALIFICATIONS AND DISQUALIFICATIONS
You must possess all the requisite qualifications and must not suffer from any of the disqualifications. You
have been given elaborate guidance in this direction in the earlier chapter.
5. NOMINATION PAPER
As there cannot be any oral nomination under the law, your nomination must be in writing and must be in
one of the appropriate forms - Form 2D (for election by the members of the local authority) or 2E (for
election from a Council Constituency).
6. INFORMATION ABOUT CONVICTIONS IF ANY
6.1 You must furnish along with your nomination paper the particulars relating to convictions, if any, under
section 8 of the Representation of the People Act, 1951, in the prescribed format in Form 26 [See Appendix-
5].
6.2 Apart from the Affidavit in Form 26, another affidavit (Appendix 5B) prescribed in E.C.I. Order no.
3/ER/2003/JS-II, dt. 27.03.2003 regarding details of assets and liabilities shall also be furnished.
6.3 If for any reason this information is not furnished along with the nomination paper, it must be forwarded in
any case, latest by 03.00 p.m. on the last date of filing nominations, failing which your nomination paper is
liable to be rejected by the Returning Officer.

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7. CANDIDATE'S NAME IN THE NOMINATION PAPER
You should give your name in the nomination paper as it is entered in the electoral roll. However, if you
consider that your name is incorrectly spelt or is otherwise incorrectly shown in the electoral roll, you
should give your correct name in the nomination paper. The Returning Officer will overlook such mistake in
the electoral roll. In such a case it would be advisable for you to submit also an application to the Returning
Officer stating the above fact about the mistake of your name in the electoral roll along with your
nomination paper.
8. THE DATE ON WHICH THE NOMINATION FORM SHOULD BE FILED
The nomination paper in the appropriate Form may be filed as soon as may be after the notification fixing
the time table of election under section 30 or 39 (1) of the Representation of the People Act, 1951 is
published in the Official gazette or any day thereafter including the last date for making nomination.
N.B.: But no nomination paper can be filed on any such date if it is public holiday.
9. TIME FOR FILING NOMINATION
Nomination paper can be filed only between 11 O'clock in the forenoon and 3 O'clock in the afternoon on
any of the above mentioned days.
10. BY WHOM A NOMINATION PAPER CAN BE PRESENTED
Your nomination paper may be presented either by you personally or by any of your proposers and by no
one else. You may note this very particularly. Wherever possible, it is advisable that you should personally
present the nomination paper so that no unforeseen hitch or difficulty may arise and endanger your
candidature.You or your proposer cannot send the nomination paper by post.
11. TO WHOM A NOMINATION PAPER SHOULD BE PRESENTED
Your nomination paper must be delivered to the Returning Officer of the constituency or to such Assistant
Returning Officer as is authorised by the Returning Officer in this behalf.This authorised Assistant Returning
Officer is specified in the public notice of election issued under section 31 in Form 1 appended to the
Conduct of Elections Rules, 1961.
12. WHERE A NOMINATION PAPER SHOULD BE DELIVERED
The nomination paper must be delivered at the place specified in Form-I aforesaid and at no other place.The
nomination paper cannot be delivered at the residence of the officer specified or outside the place
mentioned in the notice in Form - 1. If it is delivered at any other place, it will be rejected.
13. BY WHOM YOUR NOMINATION PAPER SHOULD BE SIGNED
13.1 If you look at the Form of nomination paper, you will find that it must bear the signatures of your proposers
as well as your own signature. The signatures of your proposers and your own signature must be in the
proper places shown in the Form of nomination paper for such signatures. Be careful not to put your
signature in the space indicated for the signature of the proposers or to put the signature of the proposers
in the space indicated for the signature of the candidate. Always remember that a nomination paper is a
very important document and meticulous care should be taken to fill it as accurately as possible.
13.2 Any of the proposers can sign more than one nomination paper of the same candidate or of different
candidates.
14. NUMBER OF PROPOSERS
Under the amended section 33 of the Representation of the People Act. 1951, the nomination of a candidate
whether set up by a recognised National or State Party, or registered unrecognised party or contesting as an
independent candidate at the election to the State Legislative Council (Vidhana Mandali) shall be required
to be subscribed by Ten (10) electors of the constituency as proposers. Here the word“constituency”means
the Council Constituency from which the person intends to contest.

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15. YOUR PROPOSER MUST BE AN ELECTOR OF THE CONSTITUENCY
It has already been pointed out that if you are a candidate for election to the Andhra Pradesh Legislative
Council, your name must appear in the electoral roll of any Assembly constituency within the State . You
need not be an elector of the Council constituency from which you are seeking election. But this is not so in
the case of your proposers. Your proposers must be electors for the Council constituency from which you
are seeking election. Make sure that the names of your proposers are registered in the electoral roll of the
council constituency from which you are seeking election. If any of the proposers names are not there, then
another person(s) whose names appear in the electoral roll of the council constituency should be your
proposers and sign your nomination paper as proposers.
16. WHAT YOU SHOULD DO IF YOU OR ANY OR SOME OF YOUR PROPOSERS ARE BOTH UNABLE TO SIGN
THEIR NAMES
Under the law [vide rule 2(2) of the Conduct of Elections Rules, 1961] if any or some of your proposers or you
are unable to sign, then your proposers or you shall be deemed to have signed the nomination paper if your
proposers or you have placed a mark on the nomination paper in the presence of the Returning Officer or
the Assistant Returning Officer or such other officer as may be authorised in this behalf by the Election
Commission and the Returning Officer or the Assistant Returning Officer or such other officer, on being
satisfied as to the identity of your proposers or your identity, has attested the mark(s) as being the marks of
your proposers or of yours.
17. DECLARATIONS TO BE MADE BY YOU IN THE NOMINATION PAPER
17.1 While assenting to your nomination made by your proposers you are required to make a declaration in the
nomination paper itself -
(a) Firstly, as to your age, it has already been pointed out that for election to the State Legislative Council
(Vidhana Mandali) you must not be less than thirty years of age. You should give your correct age in
the nomination paper. If you find that your age is not correctly mentioned in the electoral roll, you
should give only your present age in the nomination paper and not the wrong age as shown in the
electoral roll;
N.B. If your age is near the legal minimum, that is to say, if you are just thirty years of age or a little
more than that and there is an apprehension that an objection may be raised by a rival candidate
regarding your age, arm yourself with sufficient proof of your age.
(b) Secondly, as to your political party, in case you are set up by any political party;
N.B. But declaration as to your being set up by a political party will not arise if you stand as an
independent candidate.
(c) Thirdly, as to the correct spelling of your name (in English and Telugu) and the name of your
father/mother/husband as given in the nomination paper;
(d) Fourthly, as to the fact that you are qualified and not also disqualified for being chosen to fill the seat
for which you are contesting the election, and
(e) Fifthly, as to the fact that you have not been, and shall not be nominated as a candidate at the
present biennial-elections from more than two constituencies.
18. WHAT YOU SHOULD DO IF THE PERIOD OF DISQUALIFICATION FOR DISMISSAL FOR CORRUPTION OR
DISLOYALTY HAS NOT ELAPSED
If you, having held any office under the Government of India or under the Government of a State, have been
dismissed and the period of disqualification, referred to in section 9 of The Representation of the People Act,
1951 namely, the period of five years since the dismissal has not elapsed, then you shall not be deemed to be
duly nominated as a candidate unless your nomination paper is accompanied by a certificate issued in the
prescribed manner by the Election Commission to the effect that you have not been dismissed for
corruption or disloyalty to the State.

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19. PRODUCTION OF COPY OF ELECTORAL ROLL OF THE ASSEMBLY CONSTITUENCY WHERE YOU ARE
AN ELECTOR
19.1 As a proof of the fact that you are a registered elector in the electoral roll in force on date, you must file along
with your nomination paper either a copy of the entire electoral roll of the Assembly constituency or, if that
is not possible, a copy of the relevant part of that electoral roll (relevant part means the part of the electoral
roll in which your name appears) or, if even that is not possible, then a certified copy of the relevant entries
relating to your name in such roll.
19.2. If for any reason it is not possible to file any of these documents along with your nomination paper, then you
must produce any of these documents before the Returning Officer at the time of the scrutiny of
nomination; otherwise your nomination paper will be rejected.
20. HOW MANY NOMINATION PAPERS CAN BE FILED BY YOU FOR STANDING AS A CANDIDATE FROM THE
SAME CONSTITUENCY
You can file as many as four nomination papers for standing as a candidate in the same constituency; in
other words, you cannot file more than four nomination papers in respect of the same constituency.
21. SECURITY DEPOSITS AND WHEN SUCH DEPOSITS SHOULD BE MADE
21.1 The law requires that a candidate at an election must make the prescribed security deposit. The failure to
make the deposit will invalidate your nomination. If you want to stand as a candidate for election from a
Council constituency, you will have to make a deposit of five thousand rupees (Rs.5,000/-); and if you are a
member of a Scheduled Caste or Scheduled Tribe you shall have to make a deposit of two thousand and five
hundred rupees (Rs.2,500/-).
21.2. It has already been pointed out that from the same constituency you can file as many as four nomination
papers but in such a case you shall not have to make four different deposits. It will be enough if you make
only one deposit in respect of the first nomination paper. In the case of other nomination papers no deposit
is necessary. You are only to attach to the first nomination paper that you file, the original treasury receipt or
challan for the deposit. A true copy of the original receipt or challan for the deposit may be attached to every
subsequent nomination paper, which may be filed by you. Always retain the official duplicate of the treasury
receipt of challan, which you receive from the Reserve Bank of India or the government treasury with you for
your future reference and use.
21.3 You should note particularly that the deposit may be made in two ways. Either the amount may be
deposited with the Returning Officer in cash at the time of filing your nomination paper or you deposit the
amount in the Reserve Bank of India or in a Government treasury. You must do so before you file your
nomination paper with the Returning Officer and you must, as already pointed out, attach the treasury
receipt or challan which you will receive in duplicate from the Reserve Bank of India or the Govt. treasury to
your nomination paper. If you do not deposit the amount in cash with the Returning Officer at the time of
filing your nomination paper or if you do not attach to your nomination paper the treasury receipt or
challan, then your nomination paper will be rejected. Note that the security deposit cannot be made by
means of a cheque.
21.4 The deposit should be made under the following Head of Account: 8443 Civil Deposits-121 Deposits in
connection with Elections -1 Deposits made by candidtes for State / Union Territories Legislatures.
22. CANDIDATES SET UP BY POLITICAL PARTIES
22.1 From the form of nomination paper, you will find that if you are a party candidate, you are required to make a
declaration to that effect in the nomination paper itself. Now, you may be set up by a recognised party, that is
to say, a National Party or State Party, or you may be set up by a registered unrecognised party, that is to say,
by a party for which no symbol has been reserved at all. The order of the Commission lays down clearly that
you shall be deemed to be set up by a particular party if, and only if; the conditions mentioned below are
fulfilled:

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 (a) In the first place, you must have made a declaration to that effect in your nomination paper, that is to
say, in your declaration in the nomination paper you shall have to say that you are a candidate set up
by such and such party.
(b) In the second place, a notice in writing in the form prescribed by the Commission (which is
commonly known now as Form 'BB' Appendix-6B) to the above effect by the party which has set you
up as a candidate must be delivered to the Returning Officer of the constituency and the Chief
Electoral Officer of the State before 3 p.m. on the last date for making nominations and
(c) In the third place, the said notice in Form BB must be signed by the president, secretary or other
office bearer of the party who is authorised by the party to send such notices and whose specimen
signatures have been communicated by the party in the Form prescribed by the Commission which
is commonly known now as Form 'AA' (Appendix-6A,) to the said Returning Officer and also to the
Chief Electoral Officer of the State by 3 p.m. on the last date for making nominations.
22.2. If any of these three conditions is not fulfilled strictly in the manner and within the time prescribed then you
shall not be deemed to be set up by the party. Therefore, be very particular about these three conditions.
22.3. You are well-advised to submit the said Forms 'AA' and 'BB' (duly signed in ink) to the Returning Officer
along with your nomination paper itself to avoid any last minute complication. Any Form AA or BB not
signed in ink or received by fax will be rejected by the Returning Officer.
22.4. Political parties are, however, permitted to either cancel the authorisation in Form BB given in favour of one
candidate or change such authorisation by substituting the name of their candidates subject to following
conditions, namely:
(1) Subsequent authorisation canceling or substituting the earlier authorisation in Form BB is received
by the Chief Electoral Officer and the Returning Officer of the constituency concerned not later than
3.00 p.m. on the last date for making nominations.
(2) Such subsequent authorisation in Form BB is signed by the same authorised office bearer and is
unambiguous and clearly shows that it either cancels or substitutes the earlier authorisation, as the
case may be;
(3) The Returning Officer is satisfied about the genuineness of subsequent authorisation; and
(4) The candidate in whose favour subsequent authorisation has been given has already made a
declaration in his nomination paper that he has been set up by the said political party.
23. PRELIMINARY SCRUTINY
On the presentation of a nomination paper, the Returning Officer will satisfy himself that the name and the
electoral roll number of the candidate and his proposers as entered in the nomination paper are the same
as those entered in the relevant electoral rolls.
24. MISTAKES, PRINTING ERRORS, ETC., IN ELECTORAL ROLL OR IN NOMINATION PAPER
24.1. The law says that no misnomer or inaccurate description or clerical, technical or printing error in regard to
the name of the candidate or his proposer or any other person, or in regard to any place mentioned either in
the electoral roll or in the nomination paper and no clerical, technical or printing error in regard to the
electoral roll numbers of the candidate or his proposer or any other person in the electoral roll or in the
nomination paper shall affect the full operation of the electoral roll or the nomination paper. The law also
requires the Returning Officer to permit any such misnomer, inaccurate description or error to be corrected
or to overlook, where necessary, such misnomer, inaccurate description or error in the electoral roll or the
nomination paper. Still you are well-advised to take particular care that no such misnomer or inaccurate
description or clerical, technical or printing error in regard to
24.2. your name or the name of your proposer or any other person or in regard to any place remains in the
electoral roll or in the nomination paper. You are well-advised to look into the relevant electoral rolls in
which your name and the names of your proposers appear well in advance before the writ for election is
issued because it is presumed that you must have decided well in time to stand as a candidate.

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24.3. And if after looking into the electoral roll well in advance of the issue of the writ for election you find that
there is any misnomer, inaccurate description or any error in the electoral roll either in relation to you or any
of your proposers or any other person (e.g. your father's name) or any other matter, then you must take
immediate steps for the correction of the error, etc. under section 22 and for the inclusion of your name and
or the names of your proposers, etc., under section 23 of the Representation of the People Act, 1950.
25. RECEIPT FOR NOMINATION PAPER AND NOTICE FOR SCRUTINY
25.1. You will find from the form of nomination paper that a part of it requires the Returning Officer or the
Assistant Returning Officer before whom it is filed to fill in and sign a certificate of delivery. While filing the
nomination paper make sure that the Returning Officer or the Assistant Returning Officer before whom the
nomination paper is filed enters in your presence its serial number and properly fills in and signs the form of
certificate of delivery of nomination paper.
25.2 You will also find from the nomination paper that the Returning Officer or the Assistant Returning Officer
before whom the nomination paper is filed, is required to hand over to you or your proposer presenting the
nomination paper a receipt for the same which also contains a written notice of the date, time and place
fixed for the scrutiny of nomination papers. Do not forget or overlook to obtain the receipt for nomination
paper containing also the notice of the time, date and place fixed for the scrutiny. All these are statutory
requirements contained in section 35 of the Representation of the People Act, 1951. Therefore do see that
the certificate of delivery in the form given on the nomination paper is duly made in your presence by the
Returning Officer or the Assistant Returning Officer to whom you have delivered the nomination paper and
do not hesitate to ask from him for the receipt of nomination paper which he is bound to give to you or your
proposer before leaving the place where the nomination paper is filed.
26. EXAMINATION OF THE NOTICES OF NOMINATION
26.1. The Returning Officer under section 35 is required to cause to be fixed in some conspicuous place in his
office a notice of the nominations received by him on each of the dates fixed for making of nominations.This
notice is in Form 3-B and 3-C appended to the Conduct of Elections Rules, 1961.You are well advised to study
and examine the notices of the nominations in respect of the various candidates who have filed such
nomination papers, affixed by the Returning Officer or the Assistant Returning Officer in some conspicuous
place of his office under the law as aforesaid to find out if there is any defect in the nomination papers of
your rival candidates. If you find such defects, then you may take objection, if you like, against any of your
rival candidates at the time of scrutiny of nominations.

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 CHAPTER V

SCRUTINY OF NOMINATIONS

1. INTRODUCTORY
1.1. You have filed the nomination paper and other candidates would have also done so. The next stage in the
election process is the scrutiny of nomination papers by the Returning Officer. The Returning Officer is
required by law to hold the scrutiny of all nomination papers received by him on the date fixed for scrutiny
in the election time table issued under section 30 & 39 (1) of the Representation of the People Act, 1951.
1.2. The scrutiny of nomination papers takes place on the day immediately following the last date for filing
nominations.Thus, if today is the last date for filing nominations then tomorrow will be the date for scrutiny
of nominations.

2. BY WHOM SCRUTINY OF NOMINATION PAPERS IS HELD

2.1 The scrutiny of nomination papers can be held only by the Returning Officer. This function cannot be
delegated by the Returning Officer even to an Assistant Returning Officer. There is only one exception, that
is to say, an Assistant Returning Officer may be authorised by the Returning Officer to hold the scrutiny of
nominations if, and only if, the Returning Officer is unavoidably prevented from performing the function
relating to the scrutiny of nominations [see the proviso to section 22 (2) of the Representation of the
People Act, 1951)].
3. WHO MAY ATTEND SCRUTINY OF NOMINATIONS
3.1 According to law only four persons in the case of each candidate may attend the place of scrutiny. These
four persons are: (1) the candidate himself, (2) the candidate's election agent, (3) one proposer of the
candidate and (4) one other person authorised in writing by the candidate. Even if you have filed the
maximum number of nomination papers from the same constituency, namely, four nomination papers and
there are different proposers, even then only one proposer can be present at the scrutiny. Thus only four

22
 persons for each candidate can be present, and if there are, say, for example, ten candidates who have filed
nomination papers from a particular constituency then in all forty persons can be present at the scrutiny. It
will be better for you if the fourth person to be authorised by you in writing at the time of scrutiny is a lawyer
conversant with election law, so that he may adequately protect your interests at the time of scrutiny. It will
also be to your interest if you yourself can be present at the scrutiny.
4. REASONABLE FACILITIES FOR EXAMINATION OF NOMINATION PAPER
4.1. The four persons (including yourself ) who can be present on your behalf at the time of scrutiny have a right
to have all reasonable facilities for examining the nomination papers of all the candidates which are taken
up for scrutiny by the Returning Officer.This is a valuable right for you and the three other persons, who may
be present along with you, namely, your election agent, one of your proposers and the person authorised
by you.
5. OBJECTIONS WHICH MAY BE RAISED
5.1. You should not raise any flimsy or technical objections in regard to any nomination paper. Similarly you or
the person representing you should oppose any objection raised against your nomination on flimsy or
technical ground. Section 36(4) of the Representation of the People Act, 1951 clearly lays down that the
Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a
substantial character. Rule 4 of the Conduct of Elections Rules 1961 lays down that the failure to complete
or defect in completing a declaration regarding symbols in the nomination paper is not a defect of a
substantial character. Therefore, if any of your opposing candidates raises any objection regarding a defect,
which is not of a substantial character, you or any of the persons who may be present on your behalf may
oppose it. It has already been pointed out that on the presentation of a nomination paper the Returning
Officer will satisfy himself that the names and the electoral roll numbers of the candidate and his proposer
as entered in the nomination paper are the same as those entered in the electoral rolls. The Returning
Officer may not therefore reject your nomination paper on the ground of any misnomer or any inaccurate
description or clerical or technical or printing error in regard to your name or the name of your proposer or
any other person or in regard to any place mentioned in the electoral roll or nomination paper, etc.,
provided that such description in regard to any name and place is such as to be commonly understood. If at
the time of scrutiny any objection is raised regarding such misnomer or inaccurate description etc., you
may draw immediate attention to the proviso to section 33(4) of the Representation of the People act, 1951.
5.2 In one word, when any objection is raised against your nomination paper you should try to impress upon
the Returning Officer that he should not reject the nomination paper on any flimsy or technical ground. If
he is satisfied as to the identity of the candidate and of the proposer then he should not reject the
nomination paper only on ground of any technical defect or inaccurate description in the name of
candidate or the proposer or the inaccurate description of any place.
5.3 Tell the Returning Officer that if he rejects any nomination paper on any such technical unsubstantial or
flimsy ground then that may be regarded as an improper rejection of a nomination paper which may have
the effect of voiding the entire election thus involving a huge waste of public money, public time and
public energy.
6. OMISSION OF AGE OF THE CANDIDATE IN THE NOMINATION PAPER IS A DEFECT OF A SUBSTANTIAL
CHARACTER
Remember that the omission to specify your age in the nomination paper is a defect of a substantial
character and is sure to lead to the rejection of your nomination paper.
7. GROUND FOR REJECTION OF NOMINATION PAPER
7.1 Remember that the Returning Officer will be justified in rejecting your nomination paper on any one of the
following grounds namely :
(a) If you are clearly not qualified to be a member of Legislative Council, or
(b) If you are clearly disqualified in law to be such member; or

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 (c) If you have not taken the oath or affirmation as required by the Constitution; or
(d) If your nomination paper has not been delivered in time; or
(e) If your nomination paper has been delivered to the Returning Officer or to an authorised Assistant
Returning Officer by a person other than yourself or your proposer; or
(f ) If your nomination paper has not been delivered at the place specified in the public notice issued
by the Returning Officer; or
(g) If your nomination paper has been delivered to a person other than the Returning Officer or any of
his authorised Assistant Returning Officer; or
(h) If your nomination paper is not substantially in the prescribed form; or
(i) If your nomination paper has not been subscribed by the required number of proposers or has not
been signed either by you or by your proposer(s) or by both in the places meant for such signatures
in the nomination paper; or
(j) If the proper security deposit has not been made by you in accordance with the law already
explained; or
(k) If your signature or the signature(s) of your proposer(s) on the nomination paper is/are not genuine;
or
(l) If the proposer is not an elector of the constituency or is not eligible to be proposer.
(m) If you fail to make declaration that, you have not been, and shall not be nominated as a candidate at
the present biennial election from more than two constituencies.
(n) If you fail to furnish along with your nomination papers the affidavits containing the
particularsrelating to convictions, if any, and details regarding assets and laiabilities in the
prescribed formats in Appendix 4C & 5B
(o) If you fail to specify your age in the nomination paper.
7.2 If your nomination paper is rejected for any reason you must get a certified copy of the order of the
Returning Officer containing reasons for such rejection. According to the Commission's instruction, you
are entitled to get a copy immediately after the Returning Officer has passed an order rejecting your
nomination paper for which you need not pay any fee or charges.
7.3 You may apply for time to rebut any objection, if you find that any objection has been raised against your
nomination as a candidate and to rebut that objection you require some time you may immediately apply
to Returning Officer for time. In such a case the Returning Officer may allow adjournment up to two days
because the law says that if the candidate wants time to rebut any objection then he “may be allowed time
to rebut it not later than the next day but one following the date fixed for scrutiny.” Thus if today has been
the date fixed for scrutiny, then the Returning Officer has the power to grant you time till day after
tomorrow.
8. OATH OR AFFIRMATION BY THE CANDIDATE
8.1. In this connection, your attention may again be drawn to the Supreme Court decision in the case of
Pashupati Nath Singh vs. Hari Har Prasad Singh (AIR 1968 SC 1064). According to that decision, the oath or
affirmation by a candidate must be made after he has been nominated and before the date fixed for
scrutiny.The detailed instructions in this regard have already been given.
9. REJECTION OF ONE NOMINATION PAPER NOT TO AFFECT YOUR NOMINATION IF ANY OTHER NOMINATION
PAPER IS FOUND VALID
9.1. It has already been mentioned that from the same constituency you can file as many as four nomination
papers. If any of these four nomination papers is found to be valid, then that itself will be enough for your

24
 valid nomination even though the other three are rejected. It is, therefore, advisable for you to file
maximum number of nomination papers, namely, four.
10. DOCUMENTS AND OTHER MATERIALS WITH WHICH YOU SHOULD BE PRESENT AT THE TIME OF SCRUTINY
10.1 To meet possible objections against your nomination, take with you to the place of scrutiny the following
documents, namely:
(a) A copy each of the current electoral roll or a copy of the relevant part of the electoral roll or a
certified copy of the entry in that electoral roll bearing your name and the names of your
proposers;
(b) Satisfactory evidence regarding your age:
(c) Where deposit has been made in cash, the receipt given to you by Returning Officer or an
authorised Assistant Returning Officer and, where deposit has been made in a Government
treasury or in the Reserve Bank of India, the duplicate copy of the treasury receipt or challan;
(d) The receipt for nomination paper and notice of scrutiny which was handed over to you by the
Returning Officer or the authorised Assistant Returning Officer on your presenting the
nomination paper; and
(e) Copies of the two affidavits filed by you in prescribed format regarding particulars of conviction
and assets and liabilites; and
(f ) Any other evidence or material, which may be necessary to repeal and rebut any objection which
has been or may be raised against your nomination.
11. LIST OF VALIDLY NOMINATED CANDIDATES
11.1 Immediately after all the nomination papers have been scrutinized, the Returning Officer will prepare a list
of candidates whose nominations have been found valid. The names of the candidates will be shown in
this list as they appear in the nomination papers. If however, a candidate considers that his name is
incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by
which he is popularly known, he may at any time before the list of contesting candidates is prepared,
furnish in writing to the Returning Officer the proper form and spelling of his name. The Returning Officer
on being satisfied as to the genuineness of the request shall make the necessary correction in the list of
validly nominated candidates and adopt that form and spelling in the list of contesting candidates.
12. DO'S AND DON'T'S FOR GUIDANCE OF CANDIDATES
12.1 The election law of our country is quite comprehensive and the procedure quite elaborate. It is upon their
due observance that the purity of the elections depends. Some of the Do's/Don'ts are suggested for your
guidance in Appendix- 7A. It should be noted that these are not exhaustive but are only illustrative.
12.2 The Commission has issued another set of do's and don'ts for guidance of political parties and candidates
to be observed from the announcement of an election and until the completion of the process of election.
A copy a these do's and don'ts is also given in Appendix- 7B.
12.3. It is your responsibility to ensure that neither you nor the political party which has set you up, your agents,
workers, supporters and sympathizers indulge in any acts of commission or omission which may amount
to violation of these Do's and Don'ts.

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 CHAPTER VI

WITHDRAWAL OF CANDIDATURES

1. INTRODUCTORY
1.1. If your nomination paper is accepted, you become a validly nominated candidate. But even then, you may
like to withdraw from the contest for several reasons. Such reasons may be personal or political. It is neither
necessary nor possible to go into them. You may kindly note that the withdrawal of your candidature can
be done only after the scrutiny of nominations is over and not at any stage before.
2. NOTICE OF WITHDRAWAL
2.1 If you have-decided to withdraw your candidature even after your nomination paper has stood the test of
scrutiny by the Returning Officer, then you must do so by a notice in writing and such notice shall be in
form 5 appended to the Conduct of Elections Rules, 1961 (Appendix- 8). You will fill in this form very
carefully and after you have signed, it must be delivered to the Returning Officer not later than 3 p.m. on the
last date fixed under section 30 (c) or 39(1)(c) as the case may be for the withdrawal of candidatures by you
in person or by any of your proposers or your election agent (duly appointed by you ).
2.2 Such proposer or election agent presenting your notice of withdrawal should be authorized by you in this
behalf in writing; otherwise, such notice will not be accepted by the Returning Officer. The notice of
withdrawal should not, in any case, be sent by post.
3. REQUIREMENTS FOR VALID WITHDRAWAL
3.1 Points to be noted in this connection are repeated for your convenience;
(a) the notice of withdrawal shall be in the prescribed form (Form 5);
(b) it must be signed by you only and by no one else on your behalf;
(c) it must be delivered to the Returning Officer not later than 3'O clock in the afternoon on the last date
for withdrawal of candidatures; and
(d) such delivery must be made either by you in person or by one of your proposers who signed your
nomination paper as proposer or by your duly appointed election agent, but if it is delivered by your
proposer or your election agent then such proposer or election agent must be authorised by your in
writing in this behalf.
4. NOTICE OF WITHDRAWAL TO BE FINAL
4.1. you must also note very carefully that once you have given a notice of withdrawal of your candidature to
Returning Officer, it becomes final under section 37 (2) of the Representation of the People Act, 1951 and
you will not be allowed under any circumstances to cancel the notice. Therefore be very careful and
circumspect before the notice of withdrawal is actually delivered to the Returning Officer.
4.2. But if you have decided to withdraw from the contest you have to take a particular care that all the
conditions mentioned above are fulfilled. Otherwise, the withdrawal of your candidature will not be
regarded as withdrawal in the eye of law and your name will be included by the Returning Officer in the list
of contesting candidates prepared by him under section 38 of the Representation of the People Act, 1951
with the result that even if you do not actually contest, you cannot get a refund of the money which you
deposited along with your nomination paper. But if the notice of withdrawal is a good and valid one and
accepted by the Returning Officer, then you will be entitled to get back the money you deposited along
with your nomination paper.

26
5. RECEIPT OF NOTICE OF WITHDRAWAL
5.1 After the notice of withdrawal has been delivered by you or on your behalf by your proposer or election
agent as authorised by you in writing, please wait there for some time to have the receipt for the notice of
withdrawal. This receipt will be handed over to you by the Returning Officer. Do not leave the Office of the
Returning Officer without getting this receipt because this receipt will help you in getting back your
deposit money.
5.2. In this connection it may be pointed out that any corrupt withdrawal of candidature is a corrupt practice
under the election law. In this connection your attention is drawn to section 123 (1) of the Representation
of the People act, 1951
6. LIST OF CONTESTING CANDIDATES
6.1. If you decided to contest the election and do not withdraw your candidature, you will be regarded as a
contesting candidate. Immediately after 3 p.m. on the last date for the withdrawal of candidatures, the
Returning Officer will proceed to draw a list of the contesting candidates, in form 7B which will show the
names of contesting candidates, their addresses as given in the nomination papers and their party
affiliation, if any. The Returning Officer will give a copy of such list to each contesting candidate or his
election agent and will also cause a copy thereof to be published in a conspicuous place in his office. The
list will also be published in the State gazette.
7. ARRANGEMENT OF NAMES IN THE LIST OF CONTESTING CANDIDATES
7.1. As per the amended section 38 of the Representation of the People Act, 1951 and revised Form 7B (List of
contesting candidates), names of candidates in the said lists are required to be arranged under three
categories, i.e. (i) candidates of recognised National parties and State political parties in the State
concerned, (ii) candidates of registered unrecognised political parties and (iii) other (independent)
candidates.Therefore, names of candidates will be arranged in the said lists and also on the ballot papers in
the said order under these categories. It may be noted that names will be arranged alphabetically
according to the script of the language as may prescribe by Election Commission of India in each of the
above mentioned three categories separately. (However, the headings of the above mentioned three
categories as given in the revised Form 7B shall not appear on the ballot papers). The serial numbering will
however be continuous for all three categories.
7.2. The Returning Officer will determine the arrangement of the names of candidates in alphabetical order in
each of the three categories in the list of validly nominated candidates, the list of contesting candidates
and also in ballot papers on the basis of the first letter of name irrespective of whether the name given is
the proper name or surname.The initials, if any, prefixed to the name of a candidate shall be ignored for the
aforesaid purpose. Thus in the case of a candidate giving his name as “T.K. Reddy”, the place of that
candidate according to alphabetical order shall be determined with reference to the letter “R” and not “T”.
However, if two candidates in the same category have the same names but different initials, for example P.S.
Reddy and T.K. Reddy then the two names will be arranged inter-se with reference to the first letter of the
initials. Further, if two or more such candidates have the same names but different surnames, then their
names shall be arranged inter-se in alphabetical order with reference to the surnames.
7.3. Rules 22(3) and 30(3) of the Conduct of Elections Rules, 1961 provide that if two or more candidates bear
the same name, they shall be distinguished by the addition of their occupation or residence or in some
other manner. In such cases, the arrangement of names of those candidates if falling under the same
category in the list of validly nominated candidates and contesting candidates and in the ballot paper will
be with reference to the distinguishing names of the candidates.
7.4. There will also be no objection to the addition of any honorific, academic, hereditary, professional or any
other title to the name of a candidate, but such title shall on no account be taken into consideration, in the
arrangement of names in alphabetical order in the list of validly nominated candidates or contesting
candidates and in ballot paper.

27
7.5. The Returning Officer will arrange the names of the candidates in the list of validly nominated candidates
alphabetically according to the script of the language (Telugu in case of Andhra Pradesh).
8. ISSUE OF IDENTITY CARDS TO CONTESTING CANDIDATES
8.1. After the finalisation of the list of contesting candidates, the Returning Officer will issue an identity card to
each contesting candidates in the form given below:

CANDIDATE'S IDENTITY CARD

Shri........................................is a contesting candidate for election to the

Andhra Pradesh Legislative Council from ………………………the
constituency *[and is set up by the ....................................party]. Photo of
candidate
Place.........................
Date..........................
.................................
Signature of the Candidate
Attested by
Seal .......................
(Returning Officer)

*N.B. If the candidate is set up by a State party or a National Party or a registered unrecognised party
registered with the Commission, the Returning Officer will enter the name of the party, otherwise the
bracketed portion in the form will be scored out.
8.2. The Commission has decided that in all elections, the identity cards issued to contesting candidates shall
bear their photographs. For this purpose, you should furnish two copies of your recent photographs to
Returning Officer as soon as after the list of contesting candidates is finalised on the last date for
withdrawal of candidatures. The identity cards will be prepared in duplicate so that the duplicate copy is
kept as office copy for the purposes of record by the Returning Officer one copy of the same duly attested
will be supplied to you.
8.3. The Commission has decided that Identity Cards shall also be issued to election agents. The letter of
appointment of election agent in Form 8 itself will serve the purpose of such identity card. You should,
therefore, affix the photographs also of your election agent on the right top portion of both the copies of
his appointment letter in Form 8. These photographs will be attested by the Returning Officer in the same
manner as has been instructed in the case of attestation of your photograph.
8.4. You should not fail to collect your identity card from the Returning Officer and you should always keep it
with you. During the election campaign, on the day of the poll and on the date of counting, there will arise
various occasions, on which your identification as a candidate will be necessary and this identity card will
readily establish your identity as a candidate.

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 Chapter VII

ELECTION AGENTS

1. As a candidate, you may appoint any person other than yourself to be your election agent. It is not however
incumbent on you to appoint an election agent. Such appointment may, if you so desire, be made at any
time you like after you have been nominated as a candidate or not at all. Every such appointment has to be
made by a formal communication in form 8 in duplicate by you and forwarded to the Returning Officer.The
Returning Officer will retain one copy thereof and return the second copy to the election agent after
affixing thereon his signature in token of his approval of the appointment.
2. Any person who is for the time being disqualified under the Constitution or under the Representation of
the People Act, 1951 for being a member of either House of Parliament or either House of the Legislature of
a state or for voting at election shall so long as the disqualification subsists, also be disqualified for being an
election agent at any election.
3. Further, a Minister shall not be appointed as an election agent, as his personal security shall be jeopardised
with such appointment, because his security personnel will not under any circumstances be permitted to
accompany him into the polling stations, counting hall, etc.
4. You may revoke the appointment of your election agent in writing in form 9 under your signature by
lodging the revocation with the Returning Officer. It shall operate from the date on which it is lodged with
the Returning Officer. In the event of such revocation or the death of an election agent, you may appoint
another election agent in his place. You should give notice of such appointment in writing in Form 8 to the
Returning Officer and state the facts therein.
5. An election agent may perform such functions in connection with your election as are authorised by the
Representation of the People Act, 1951 and the rules made there under. It is also pointed out that any
corrupt practice (mentioned in section 123 of the R.P. Act, 1951) committed by your election agent will be
regarded in law as having been committed by you and that will vitiate your election.Therefore, take proper
care in selecting your election agent. Ask your election agent to carefully go through the provisions of
section 123 of the Act regarding corrupt practices.You are responsible for the actions done by him on your
behalf.
6. The Commission has decided that Identity Cards shall also be issued to election agents. The letter of
appointment of election agent in Form 8 itself will serve the purpose of such identity card. You should affix
the photographs also of your election agent on the right top portion of both the copies of his appointment
letter in Form 8. These photographs will be attested by the Returning Officer in the same manner as has
been instructed in the case of attestation of photographs of yours.

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 CHAPTER- VIII

CAMPAIGN PERIOD

1. INTRODUCTORY
1.1 The election law provides for an interval of not less than thirteen clear days between the last date fixed for
the withdrawal of candidatures and the poll for teachers , graduates and local bodies constituencies and
six days for candidates elected by MLAs. This period should be properly utilized for canvassing and
educating the voters and for training the large number of workers and agents that you will have to employ.
1.2. As you are a contesting candidate in an election held under Proportional Representation by means of the
single transferable vote and the electors give their preferential votes by marking numerals against the
name of each candidate in the order of their preference on the ballot papers, you should utilise this period
fully for educating the voters as to how they have to record their preferences. Similarly, the persons
proposed to be appointed by you as your polling and counting agents should also be asked to thoroughly
acquaint themselves with the voting and counting procedure to be followed at this election. For their
guidance, the Electoral Authorities in Andhra Pradesh have brought out pamphlets as to the correct
method of voting. Collect these pamphlets and ensure that your workers get themselves familiar with
these instructions.
2. CORRUPT PRACTICES AND ELECTORAL OFFENCES
2.1. While undertaking your electioneering campaign, you should ensure that the highest standard of morality
and purity are maintained, as that would in turn ensure free and fair election. The most potent cause which
tends to mar the smooth conduct of an election and disturb the atmosphere of friendly contest that
should prevail during the elections, is the violation of the statutory provisions of election law relating to
corrupt practices and electoral offences. The election law has enumerated various corrupt practices and
electoral offences in sections 123 to 136 of the Representation of the People Act, 1951 and chapter IX-A of
IPC. The commission of any such corrupt practices and offences by your agents and workers may vitiate
your election. You should, therefore keep in check your overenthusiastic agents and workers from
indulging in any objectionable activities. Even a single proved instance of corrupt practice may be enough
to unseat you, if you are successful in the election.
2.2. In particular, do not permit, on your behalf:
(i) Any bribery or undue influence by way of coercion or intimidation of voters or otherwise or
personation;
(ii) Any arrangement, direct or indirect, to carry any voter to or from polling station by any kind of
vehicle used for transport (this is also a criminal offence);
N.B. Even your party cannot arrange for such conveyance.
(iii) Any act to promote or attempt to promote on grounds of religion, caste, community or language,
feeling of enmity or hatred between different classes of citizens of India is a corrupt practice and
which may render your election void and entail disqualification for membership and which is also
an electoral offence punishable with imprisonment for a term which may extend to three years, or
with fine or both;
(iv) Any assistance from any government servant to help your prospects in the election, except that a
government servant may, if he so desires, cast his vote for you;
N.B. Such assistance on the part of a Government servant is a corrupt practice as well as an offence. If
you instigate him to do so, you will be liable criminally for abetment. Provided that where any

30
 person in the service of the Government and belonging to any of the specified classes in the
discharge or purported discharge of his official duty, makes any arrangements or provides any
facilities, or does any other act or thing, for or in relation to any candidate, or his election agent, or
any other person, acting with the consent of the candidate, or his election agent (whether by
reason of the office held by the candidate or for any other reason), such arrangements, facilities or
act or thing shall not be deemed to be assistance for the furtherance of the prospects of that
candidate's election.
(vi) any removal of ballot paper from the polling station or tampering with the ballot boxes by use of
force or otherwise (these are criminal offences);
(vii) any appeal by you or by your agent or any other person with your consent or with the consent of
your election agent to vote or refrain from voting for any person on grounds of his religion, race,
caste, community or language or the use of or appeal to religious symbols or the use of or appeal
to National Symbols such as National flag or the National emblem which is a corrupt practice
under the law.
(viii) the publication of any statement of fact which is false in relation to the personal character or
conduct of any candidate;
(ix) booth capturing as defined in section 135A of the Representation of the People Act, 1951. Booth
capturing is both a corrupt practice and an electoral offence punishable with imprisonment of
not less than six months and up to two years and with fine.
3. MODEL CODE OF CONDUCT
3.1 Model Code of Conduct do not apply at elections to the Legislative Council, vide Election Commission's
circular No. 437/6/97-PLN-III, dated 1-12-1997. However, every candidate and political party is expected to
respect the spirit of the Code during these elections and restrain taking any undue advantage of relaxation
of the Code.
4. DEFACEMENT OF PUBLIC OR PRIVATE PROPERTY
4.1 Many of the State/Union territories have laws to prevent the defacement of property, which term includes
any building, structure, hut, wall, tree, fence, post, pole or any other erection. Defacement includes
impairing or interfering with the appearance of beauty, damaging, disfiguring, spoiling or injuring in any
other way whatsoever. The offence is cognizable and punishable with imprisonment or with or with both.
You must ensure that you or your agents, etc. do not violate the provisions of this law and/on the general
law relating to defacement of private or public property.
5. PROHIBITION OF PUBLIC MEETINGS AND PROCESSIONS DURING 48 HOURS IMMEDIATELY
BEFORE THE CLOSE OF THE POLL
5.1. The law provides that no person shall
(a) Convene, hold, attend, join or address any public meeting or procession in connection with an
election; or
(b) Display to the public any election matter by means of cinematograph, television or other similar
apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical
concert or any theatrical performance or any other entertainment or amusement with a view to
attracting the members of the public thereto, in any polling area during the period of forty-eight
hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
5.2. Any person who contravenes the above provisions shall be punishable with imprisonment for a term,
which may extend to two years or with fine, or with both.
5.3. The expression “election matter” means any matter intended or calculated to influence or affect the result
of an election.

31
5.4. You should keep these provisions in view while holding public meetings,.
6. STRICT OBSERVANCE OF DO'S AND DONT'S
6.1 As already mentioned in chapter IV, the Commission has given two sets of Do's and Don'ts for guidance of
political parties and candidates for ensuring free, fair and peaceful elections (vide Appendices 7A and 7B).
Ensure that not only you but the political party, if any, which has set you up, your agents, workers,
supporters and sympathizers also observe those Do's and Don'ts strictly from the time the elections are
announced and till their completion.
7. RESTRICTIONS ON PRINTING AND PUBLISHING OF ELECTION PAMPHLETS
7.1. Your attention is also invited to section 127-A of the Representation of the People Act, 1951 which
imposes restrictions on the printing and publishing of election pamphlets and posters. This section
provides that
(a) Every election pamphlet, hand-bill, placard or poster, which is printed or multi-graphed by any
process (except copying by hand), must bear on the front the name and address of the printer and
the name and address of the publishers:
(b) the printer of any such document must obtain from the intending publisher a declaration (in
duplicate) regarding his identity signed by him and attested by two persons to whom he is
personally known.
(c) As soon as the document is printed the printer must send one copy of the declaration and one copy
of the document to the Chief Electoral Officer, if the document is printed at the capital of the State,
and to the District Magistrate of the district in which it is printed in any other case;
(d) Contravention of any of the provisions of the section is punishable with imprisonment up to six
months or fine up to two thousand rupees or with both;
(e) These restrictions however do not apply to any hand-bill, placard or poster merely announcing the
date, time, place and other particulars of an election meeting or routine instructions to election
agents or workers.
7.2. In order that there is strict observance of and compliance with, the requirements of the abovementioned
provisions of law the Commission has issued detailed order on 2.9.94 . The order mainly provides as
follows:-
(a) The printer should send four copies of the printed material, instead of one as mentioned in sub-para
(c) above and one copy of the declaration of the publisher to the chief electoral Officer/District
Magistrate within 3 days of its printing, the failure of which should be treated as a violation of the
above provisions.
(b) The printer should furnish along with the declaration and copies of the printed material, full
particulars regarding number of copies of the pamphlets, etc., printed and the price charged for
such job in the proforma prescribed by the Commission, duly signed and authenticated by such
printer.
(c) The District Magistrates shall exhibit at some conspicuous place in their office all the election
posters, pamphlets, etc., received by them from the printing press so that the candidates and other
interested persons may be able to check in respect of which documents the requirements of law
have been complied with so as to enable them to bring to the notice of the authorities concerned
the cases of other election posters, pamphlets etc., in respect of which the above requirement of law
have been violated.
(d) The Chief Electoral Officers shall also do like-wise in respect of such documents received by them.
(e) The District Magistrates and other authorities charged with the detection and investigation of
offences have been instructed that they should initiate prompt action and investigation, if any case
of publication of election poster, pamphlet, etc. in violation of the abovementioned provisions of

32
 section 127-A of the Representation of the People Act, 1951 either comes, or is brought, to their
notice. In all such cases, prosecutions should be launched against the offenders expeditiously.
7.3. You must see that all the above requirements of law and the Commission's directives are invariably
complied with in respect of the election pamphlets and posters printed and published by you or on your
behalf. This is essential for ensuring healthy election campaigns and maintaining purity of elections. Also,
don't hesitate to report to the authorities concerned any instances, which come to your notice or
knowledge about the publication of any election posters or pamphlets in contravention of the above
provisions of law.
8. UNOFFICIAL IDENTITY SLIPS
8.1. The political parties/candidates may issue unofficial identity slips containing the following information to
the voters-
(i) the name and serial number of the voter in the electoral roll;
(ii) the number of the part of the electoral roll;
(iii) the serial number and name of the polling station; and
(iv) date of poll.
8.2. The identity slips should be on white paper and should not contain the name of the candidate and/or the
name of his party and/or the election symbol of the candidate or his party.The slips should not also contain
any slogans or any exhortation to vote for a party or for a candidate since these slips if carried by the voters
to the polling stations would amount to canvassing within the polling station, which is not permissible.The
circulation of any slips within 100 meters of the polling station would also amount to canvassing which is
not permissible under the law. However, it may be noted that the Election Commission issues a list of
specified documents on the basis of which a voter will be identified by the polling officers prior to being
allowed to vote.
9. POLLING REHEARSALS
9.1 You may arrange for your polling agent to attend polling rehearsals in their respective areas so that they
may get familiar with the method of voting and polling procedure.
10. EDUCATING THE ELECTORS ABOUT THE VOTING PROCEDURE
10.1 Your workers should educate the electors about the voting procedure and, in particular, the manner of
recording of votes. The electors should be advised to give their preferences in International Form of India
Numerals (1, 2, 3, etc.).

Voter Awareness

33
10.2. Your workers should also familiarize the electors about the other details of voting procedure followed at
the polling station. The elector should be informed that after an elector's name is located in the electoral
roll and his identity established, his left forefinger will be marked with indelible ink. Indelible ink mark is
put only in respect of elections from Graduates' and Teachers' constituencies. No such ink is used at
elections from Local Authorities' constituencies and the election by the MLAs. The Commission has now
changed the manner of application of indelible ink on the elector's finger. Now the indelible ink will be
applied on voter's left hand forefinger as a line from the top end of the nail to the bottom of the first joint of
the left forefinger. He will then be required to give his signature or thumb impression on the counter-foil of
the ballot paper. If he puts his thumb impression on the counter-foil, he should clean his thumb with the
help of a piece of wet cloth or rag provided on the table of the polling officer.This will be necessary to avoid
any possible smudge on the ballot paper while voting. The electors must be informed about the new
manner of marking of the left hand forefinger, so that they may not raise any objection to it at the polling
station. in the secrecy of the screened voting compartment, the electors mark their preferences on the
ballot papers with pen provided by the polling officer. Please remember to tell voters that they should not
use their own pens or pencils to mark the ballot paper, but should vote using the violet coloured sketch
pen suuplied to them at the polling station.
11. DUMMY BALLOT PAPER
11.1 You may print dummy ballot papers using your own name and indicating the place where it would appear
on the actual ballot paper. The dummy ballot paper should not, however, contain the actual names of the
other contesting candidates in the constituency. They can be printed on any colour other than pink and
white, such as, brown, yellow or grey. You must make sure that dummy ballot papers do not resemble the
genuine ballot papers in size and colour.
12. DEATH OF A CANDIDATE BEFORE POLL
12.1. The law (Section 52 of R.P. Act, 1951), which earlier provided for countermanding of election on the
death of any candidate has recently undergone a significant change by the Representation of the People
(Amendment) Act, 1996. As per the amended Section 52 only in the event of death of a candidate set up by
a recognised political party in the following circumstances the poll shall be adjourned:-
(a) The said candidate dies at any time after 11.00 a.m. on the last date for making nomination and his
nomination is found valid on scrutiny under section 36; or
(b) his nomination has been found valid on scrutiny under section 36 and he has not withdrawn his
candidature under section 37, and he dies, and in either case a report of his death is received at any
time before the publication of the list of contesting candidates under section 38; or
(c) he dies as a contesting candidate and a report of his death is received before the commencement of
the poll.
12.2. The Returning Officer on being satisfied about the fact of the death of the candidate, will order the
adjournment of the poll to a date to be notified later by the Election Commission.
12.3. In the case of death of a candidate as mentioned at (a) above, the order of adjournment of poll will be made
only after the scrutiny of all nominations including the nomination of the deceased candidate. In such case,
it should be noted that the candidate shall be deemed to have been set up by recognised political party
only if all the requirements mentioned in Para 13 of the Election Symbols (Reservation and Allotment)
Order, 1968 have been fulfilled by the time of death of the candidate. If the party has not given intimation
regarding setting up of the candidate in the prescribed forms 'AA; and 'BB' by the time of the death of the
candidate, the candidate shall not be deemed to have been set up by a recognised political party for the
purpose of adjournment of poll. In such a case, contention of any party that it would have furnished the
required intimation by 3.00 p.m. of the day (as required under Para 13 of the Symbols Order) cannot be
accepted.
12.4. Another important point to note in this connection is that recognised political party, for the purpose of
section 52 of Representation of the People Act, 1951, means a recognised National party or a party
recognised as a State Party in the State concerned. A party recognised as a State Party in a particular State

34
 will be treated only as a registered un-recognised party in other State where it is not recognised as State
Party, even if that party has been granted concession to use its symbol in other States. Therefore, poll will
not be adjourned on the death of a candidate set up by such a party.
12.5. On receipt of the report from the Returning Officer about the death of the candidate set up by a
recognised political party, the Election Commission will call upon the concerned political party to
nominate another candidate for the said election in place of the deceased candidate. The political party
will have to make the nomination within seven days of the issue of notice to that effect by the Election
Commission. Nomination of such candidate will also be done in the prescribed form (i.e., Form 2D or 2E, as
the case may be) and he will also have to make a fresh security deposit. The nomination in the prescribed
form should also be accompanied by the required intimation from the party in Form AA and Form BB
prescribed under paragraph 13 of the Election Symbols (Reservation & Allotment) Order, 1968. All other
requirements of law relating to nomination, scrutiny of nomination, withdrawal of candidature in respect
of such candidate have also to be followed.
12.6. A person who had given a notice of withdrawal of his candidature under subsection (1) of section 37
before the adjournment of poll is eligible to be nominated as a candidate in place of the deceased
candidate.
12.7. If the list of contesting candidates had already been published under section 38, before the adjournment
of poll the Returning Officer will prepare and publish a fresh list of contesting candidates including the
name of the candidate nominated in place of the deceased candidate.
12.8. Further stages of the election will continue as per the revised schedule notified by the Commission.

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 CHAPTER - IX

PREPARATION FOR THE POLL

1. While you are busy in your election campaign, the Returning Officer will be equally busy in making
arrangements and preparations for the conduct of poll. The Returning Officer must have already procured
the requisite number of ballot boxes. Immediately after the list of contesting candidates is prepared, the
Returning Officer will have the sufficient number of ballot papers printed and also make arrangements to
train polling personnel.
2. The RO supplies to each candidate three copies of the list of polling stations.
3. The RO finalises the places for intermediate storage of polled ballot boxes in different districts as well as
final storage place at his headquarters. He will intimate the same in writing to you. For teachers and
graduates constituencies, the candidate can depute persons to keep watch at both the intermediate
strong rooms in different districts as well as the final strong room in the RO's headquarters , prior to
counting
4. The RO also prepares a detailed route chart to get back the polled material under security after the poll.
5. The RO whenever necessary calls for meetings of candidates and political parties. Make it a point to attend
such meetings to get any of misgivings cleared.
6. Do not make it a practice to air your suspicions or allegations in public. In the first instance meet the RO to
have your grievances redressed.

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 CHAPTER X

POLLING DAY & POLL

1. INTRODUCTORY
1.1. Poll is the most important event in the election process. It is through the poll that the electors express their
choice of the candidate to represent them in the State Legislative Council .
2. PROHIBITION OF CANVASSING
2.1 The election law prohibits canvassing in or near polling stations on polling day. No person shall commit
any of the following acts within a polling station or in any public or private place within a distance of 100
meters of a polling station, namely:
(a) canvassing for votes;
(b) soliciting the vote for any elector.
(c) persuading any elector not to vote for any particular candidates;
(d) persuading any elector not to vote at the election;
(e) exhibiting any notice or sign (other than an official notice) relating to the election;
(f ) using or operating within or at the entrance of the polling station or in any public or private place in
its neighbourhood any apparatus for amplifying or reproducing the human voice, such as
megaphone or a loudspeaker; and
(g) shouting or otherwise acting in a disorderly manner within or at the entrance of a polling station or
in any public or private place in the neighbourhood.

x Vote For
XXXX

37
 N.B.- The distance from which a loudspeaker, etc, is used is immaterial. The offence will be committed
even if it is used from a distance of more than 100 meters if it causes annoyance to any person
visiting the polling station for the poll or interference with the work of officers and other person on
duty at the polling station.
3. CANDIDATE'S ELECTION BOOTHS
3.1 According to the instructions issued by the Commission, no election booths of the candidates should be
allowed to be set up near the polling station on the day of poll, as such booths pose many difficulties in the
way of holding free, fair and smooth elections by creating obstructions to voters, confrontation among
various party workers and law and order problems. However, the candidates may provide one table and
two chairs for the use of their agents and workers for the distribution of unofficial identity slips to voters
beyond a distance of 200 meters from the polling station with an umbrella or a piece of tarpaulin over their
head to protect from the sun/rain. No crowd should be allowed to collect around such tables.
4. PREVENTION OF VOTERS FROM VOTING
4.1 It is cognizable offence to detain any voters in a camp or any other place whether with or without his
consent or obstruct his way to polling station or to prevent him from voting in any manner. If you receive
information that any person is so detained or obstructed or prevented you should report the matter to the
Presiding Officer, or to the nearest police station or to the Returning Officer, who will take effective action
to enable the person who are wrongly detained or obstructed or prevented to exercise their franchise
even if the detention or obstruction is done in a private place.
5. ILLEGAL HIRING OR VEHICLES FOR THE CONVEYANCE OF VOTERS
5.1 Do not allow anyone on your behalf to provide conveyance for voters on the polling day. It is both a corrupt
practice and an electoral offence. If you find any other candidate or his agents, supporters or workers
providing such conveyance for voters you should make a complaint in this regard then and there and take
action to prosecute the offender, under section 133 of the Representation of the People Act, 1951. If you do
not do so and merely send a complaint to the election authorities, much valuable evidence against the
offenders would be lost. You may also use this as ground for filling an election petition against the
offending candidate in due course as free conveyance of voters from or to polling station is also a corrupt
practice. Your polling agent can also make a written complaint in this regard to the Presiding Officer who
will forward the same to the Magistrate concerned who has jurisdiction to deal with such cases. You may
also ask the Presiding Officer to record his remarks on the complaint from his own observations.

Vote For
XXXX

r
V
ot e Fo
XeF t
X o
X r
Vo XXX
X X

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6. REGULATION OF TRAFFIC ON THE DAY OF POLL
6.1 In order to check the corrupt practice and electoral offence of providing free conveyance for voters on the
day of the poll, the Commission has devised a scheme.The main guidelines of the scheme are as under:
(1) The objective is that the polling areas should be cordoned off from all vehicular traffic on the polling
day in order to prevent the voters from being carried to and from polling booths in contravention of
the election law.
(2) Public transport vehicles like buses, minibuses are allowed to ply but it should be ensured that they
are not used clandestinely for the conveyance of voters.
(3) Private cars, taxies carrying passengers to places other than polling booths like hospitals, airports,
railway stations, bus stands, friends and relations houses, clubs, restaurants will, however, be allowed
on the road. But they should not be allowed to come clandestinely near the polling areas for the
conveyance of voters. The traffic of these vehicles will be so diverted as to effectively control their
misuse.
(4) The plying of lorries, trucks will also be similarly regulated.
(5) The district magistrate, Regional Transport Authorities etc., will be instructed to enforce effectively
and fully the regulation, both in letter and spirit, and a certificate shall be obtained from the
concerned authorities.
(6) The political parties and contesting candidates and amongst them, their agents and workers shall
be warned that any contravention of the regulation would receive serious notice and may provide
sufficient materials for challenging the election in an election petition and also invite penal action
under the law.
(7) The candidates, their election agents, their workers and leaders of political parties will be permitted
to use only two vehicle each on the polling day on issue of permits as follows for each Council
Constituencies:
(a) one vehicle for the candidate,
(b) one vehicle for election agent of the candidate or his workers or leaders and workers of
political party which has set up that candidate.
(8) The permits printed in bold letters with the legend “Election Permit” with the super inscription of the
seal and signature of the authority issuing the permit shall be displayed prominently on the
windscreen of the vehicle.
6.2. You should follow the above guidelines of the Commission's scheme meticulously and should obtain
permits for the vehicles to be used by you and your party workers on the day of the poll well in advance.
6.3. It should be further noted that no Cars/ vehicles shall, under any circumstances be allowed to move in
convoys of more than three vehicles. All bigger convoys shall be broken up even if they are carrying
Ministers of Central or State Govt., or any other person, subject, however to any security instructions issued
in respect of any such individual.
7. REMOVAL OF BALLOT PAPERS FROM POLLING STATION TO BE AN OFFENCE
7.1.. If you or your agents honestly suspect that any voter is illegally taking any ballot paper out of polling
station, draw the attention of the Presiding Officer to the matter immediately for necessary action on his
part.
8. REMOVAL OF DISORDERLY PERSONS
8.1. Any person, who misconducts himself or fails to obey lawful directions of the Presiding Officer during the
poll, may be removed from the polling station under his order by any police officer or other persons
authorised by him.

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9. POLLING AGENTS
9.1. It will be physically impossible for you or your election agent to be present during poll at every polling
station in your constituency. Someone should, therefore, be present to watch your interests at every
polling station.The law permits you to appoint a polling agent and two relief agents at each polling station.
They are all known as polling agents. It is, however, not obligatory on your part to appoint polling agents to
any or all the polling stations yourself. Your election agent may also make any of these appointments on
your behalf. However, only one of three polling agents for a polling station is entitled to be present at a
time inside the polling station. They can relieve one another from time to time. It should be noted that a
Minister shall not be appointed as polling agent under any circumstances, as his personal security shall be
jeopardised with such appointment because his security personnel will not be permitted to accompany
him into the polling station.
9.2. The appointment of polling agents is made in writing in Form 10 .You are not required to send a copy of the
appointment order to the Returning Officer. The polling agent should produce the appointment order in
original at the polling station so that the Presiding Officer may admit him into the polling station. A polling
agent should sign the letter of appointment in Form 10 in token of his agreement to act as your polling
agent. It is advisable that his signature is placed in your presence or in the presence of your election agent,
if the latter makes the appointment, the polling agent will also have to sign again in the presence of the
Presiding Officer at the polling station. He should be asked to sign before the Presiding Officer in the same
manner as he signed before you or your election agent so that there will no discrepancy in his signature.
This will help in his identity being readily accepted.
9.3. To enable the Presiding officer of a polling station to verify the signature of the candidate or his election
agent as given in appointment letter in Form 10, your specimen signature or that of your election agent
shall be obtained by the Returning Officer on the format (See Appendix 9) and copies thereof in sufficient
number shall be supplied to each Presiding Officer, Observers of the Commission, Zonal Magistrate and
Sector Magistrate etc., in the constituency.
9.4. If you have not appointed any election agent, then in the column meant for the signature of the election
agent the words “No Election agent appointed” shall be recorded in the said Format. You are at liberty to
revoke the appointment of an election agent and to appoint another person in his place. If such a change
in the appointment is made at the last moment when the Presiding Officer has already been supplied with
the copy of the Format containing the specimen signatures as originally furnished by you, then it shall be
your responsibility to supply a copy of Form 9 revoking the appointment of the election agent and to
supply a copy of Form 8 appointing the new election agent to the Presiding Officer.
9.5. You or your Election agent may revoke the appointment of any of your polling agents in writing in Form 11
and lodge the revocation order with the Presiding Officer of the polling station. If a polling agent happens
to die before the poll, you or your election agent should inform the Presiding Officer. In the case of
revocation or death, you or your election agent may appoint another polling agent by a fresh letter of
appointment in Form 10 in the same manner as before, but in such a case, state in the letter the facts
leading to such appointment.
10. WHEN POLLING AGENT CAN VOTE BY POST
10.1 Polling Agents should be appointed at least seven days before the date of the poll to enable them to apply
for postal ballot paper. It is permissible for a polling agent who is on duty at the polling station away from
his place of residence and who cannot personally vote at the polling station where he is entitle to vote, to
apply to the Returning Officer for permission to vote by post. This application should be made at least
seven days before the first day of the poll in his constituency or at such shorter period as the Returning
Officer may allow. If the application is allowed, he will be supplied with the postal ballot paper along with
necessary form of declaration, instruction, covers, etc., by the Returning Officer. The polling agent will then
vote by postal ballot only and will not be allowed to vote personally. The application for postal ballot
should be made in form 12 . Copies of this form can be obtained from the Returning Officer.

40
10.2 If the appointment of any polling agent has been revoked after the issue of ballot paper to him, he can vote
by post only.
11. WHEN POLLING AGENT SHOULD REACH THE POLLING STATION
11.1 The polling agent should reach the polling station at least one hour before the commencement of the poll.
This will enable him to be present when the Presiding Officer prepares the ballot box for taking the poll
and goes through the other preliminary/arrangements before the commencement of the poll. If any part
of these preliminaries has already been gone through, the proceedings will not be commenced de-novo
to accommodate any latecomer.
11.2. Each polling agent will be supplied by the Presiding Officer with a pass on the authority of which the
polling agent can go in and out of the polling station as may be necessary.
12. DUTIES OF POLLING AGENT
12.1 . The main duty of your polling agent is to see that your interests are safeguarded at the polling station, for
which he has been appointed as your polling agent. His other duties are-
(a) to help the Presiding Officer to detect and prevent impersonation of voters by challenging persons
who try to impersonate voters;
(b) to help in having the ballot boxes properly secured and sealed according to the rules before and
after the poll;
(c) to take a copy of the ballot paper account in Form 16 and paper seal account from the Presiding
Officer after the close of the poll; and
(d) to see that the documents relating to the poll are also secured and sealed properly as required by
law.
13. THINGS TO BE BROUGHT BY POLLING AGENT
13.1 . The polling agent should provide himself with the following items which he comes to the polling station:-
(a) his letter of appointment;
(b) a copy of the electoral roll for the polling station;
(c) a list of the names of the dead, absent or bogus voters included in the list;
(d) a small brass seal, which he can use for putting his seal on the bags in which the ballot boxes are kept
before they are transported to the collection / intermediate storage center; and
(e) pen, paper and pencil.
14. WEARING OF BADGE BY THE POLLING AGENTS
14.1. The polling agent is prohibited from wearing any badge containing the photograph of the candidate or
any other political leader and also displaying any slogan or exhortation to vote within the polling station or
one hundred meters thereof. If he does so, his act will amount to a cognizable offence punishable with fine,
which may extend to Rs.250. He should, however, display on his person the identity pass issued to him by
the Presiding Officer.
15. ARRANGEMENT AT POLLING STATIONS
15.1 Outside each polling station there will be displayed prominently a notice specifying the polling area, the
electors who are entitled to vote at the polling station; the list of the contesting candidates; and a poster
detailing the method of voting and recording preferences. Notice is at Appendix-
16. ADMISSION TO POLLING STATIONS
16.1 Apart from the electors, only the following persons can be admitted into the polling station by the
Presiding Officer:

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 (a) Polling Officers;
(b) each candidate, his election agent and one polling agent of each candidate at a time;
(c) persons authorised by the Election Commission;
(d) public servants on duty in connection with the election;
N.B: The expression “public servants on election duty” would not include police officers (unless
called for by the Presiding Officer for maintenance of law and order in the polling station or any
other purpose), Ministers, Ministers of State and Deputy Ministers of the Union or the State.
(e) Observers appointed by the Commission;
(f ) a child in arms accompanying an elector;
(g) a person accompanying a blind or an infirm voter who cannot move without help; and
(h) such other persons as the Presiding Officer may from time to time admit for the purpose of
identifying voters or otherwise assisting the Presiding Officer in taking the poll.
NB: No security personnel accompanying, if any, an elector, candidate or his election agent or
polling agent shall be allowed to enter the polling station.
17. SEATING OF POLLING AGENTS
17.1 . The Presiding Officer will make arrangements to provide seats to the polling agents at such place from
where they will have adequate opportunity of identifying electors, seeing the entire operation at the
Presiding Officer's table or the table of the Polling Officer (where the ballot box will be kept), and also
seeing the movement of the elector from the Presiding Officer's table or the table of the Polling Officer to
the voting compartment (where the voter marks his vote in secrecy) and the elector leaving the polling
station after he has deposited his vote in the ballot box.
17.2 According to the latest instructions of the Commission, the seating arrangement at the polling station for
the polling agents of candidates shall be guided by the following categories of priorities, namely,
(i) candidates of recognised national parties,
(ii) candidates of recognised state parties,
(iii) candidates of recognised state parties who have been permitted to use their reserved symbols in
the constituency,
(iv) candidates of registered unrecognised parties, and
(v) independent candidates.
18. PRELIMINARIES BEFORE THE COMMENCEMENT OF POLL
18.1 About one hour before the time fixed for the commencement of poll, the Presiding Officer will start going
through the preliminary preparations for the conduct of poll.The Presiding Officer will
(a) demonstrate to the polling agents and other persons present that the ballot box to be used for the
poll is empty;
(b) seals the box leaving it in balloting position with the slit open to receive the votes;
(c) Gets the signatures of the agents present on the paper seat and fixes paper seal in frame provided
for fixing the paper seal on the ballot box. Then he seals it.
(d) demonstrate to the polling agents and other persons present that the marked copy of the electoral
roll (copy of the electoral roll to be used for marking the names of electors who are allowed to vote)
does not contain any remarks other than those made for issuing postal ballot papers; and

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19. PREPARATIONS BY THE PRESIDING OFFICER BEFORE COMMENCEMENT OF POLL
19.1. If any polling agent is not present, the preparations by the Presiding Officer will not be postponed so as to a
wait the arrival of the polling agent. Nor will he start the preparations again if any polling agent turns up
late.
20. ACCOUNT OF PAPER SEALS
20.1 The Presiding Officer will keep a correct account of the paper seals supplied to him and actually used by
him for sealing and securing the ballot box.
20.2. The Presiding Officer shall allow the candidates and/or their polling agents present to note down the serial
numbers of paper seals so supplied for use and actually used. They will also be allowed to note down the
first and the last serial number of the ballot papers supplied top the polling station.
21. MAINTENANCE OF SECRECY OF VOTING
21.1. Every polling agent is required by section 128 of the Representation of the People Act, 1951 to maintain
and aid in maintaining, the secrecy of voting and should not communicate to any person any information
calculated to violate such secrecy. Any person contravening the above provisions of law is punishable with
imprisonment for a term which may extend to 3 months or with fine or with both.
21.2. Before commencing the poll, the Presiding Officer will bring to the notice of all present the provisions of
aforesaid section 128 regarding their duty to maintain the secrecy of the vote and the penalty for any
breach thereof.
22. DECLARATION BY THE PRESIDING OFFICER BEFORE THE COMMENCEMENT OF POLL
22.1 After the Presiding Officer has gone through the preliminaries, as stated above he will make a declaration
in the prescribed form to the effect that he has completed those preliminaries. He will read out the
declaration aloud to the hearing of all persons present in the polling station and sign the declaration and
will also obtain thereon the signatures of such of the polling agents as are present and willing to affix the
same.The polling agents should sign that declaration as it would satisfy all that the poll had commenced in
free and fair manner. If any polling agent refuses to sign that declaration the Presiding Officer will make a
note of his name in the paragraph provided for that purpose in the form of said declaration.
23. COMMENCEMENT OF POLL
23.1. The poll will be commenced at the stroke of the hour fixed for the purpose. The timings for the poll will be
announced by the Returning Officer in the Notice of Election ( Form I) issued by him on the poll notification
date. By the time of poll opening, the preliminaries should have been completed by the Presiding Officer.
If for any unforeseen reasons the preliminaries are not over, the Presiding Officer may admit about three or
four voters at the hour fixed for the commencement of the poll and let the Polling Officers deal with them
so as to enable them to go through the process of voting.
23.2. In any event, the Presiding Officer cannot extend the appointed closing time, except for allowing such of
the voters to vote who have already reached the polling station before the appointed closing time and
taken their place in the queue for voting. For this purpose the Presiding Officer should distribute slips duly
signed by him to the electors, who were present at the polling station at the hour appointed for the close of
poll starting from the tail of the queue towards the head
24. ENTRY OF VOTERS INTO POLLING STATION
24.1. Normally there will be separate queues for men and women voters. The persons who arrange the queues
will allow 3 or 4 voters into the polling station at a time as the Presiding Officer may direct. Other voters
waiting to come in will be made to stand in queue outside. Men and women voters will be admitted into
the polling station in alternate batches.The Presiding Officer may, however, give precedence, if he thinks fit,
to infirm voters and women voters with babies in arms over others.The polling agents should not object to
it.

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25. FACILITIES TO PRESS REPRESENTATIVES AND PHOTOGRAPHERS
25.1. Subject to the maintenance of peace and order, there is no objection to any photographer taking
photographs of a crowd of voters lining up outside the polling station. However, no one including the
publicity officials of the State Government shall be allowed inside a polling station without a letter of
authority from the Election Commission. In no circumstances, will any photograph be allowed to be taken
of a voter recording his vote.
26. VOTING PROCEDURE AT THE POLLING STATION
26.1. At Single election when there are independent polling stations to the Graduates / Teachers
26.1.1 When an elector enters a polling station he will proceed direct to the first Polling Officer who will be in-
charge of the identification of electors and of the marked copy of the electoral roll.
26.1.2 For the purpose of effective identification of the electors during polling in graduates' and teachers'
constituencies, the electors have to produce before the polling officers one of the several documents
which the Election Commission will separately specify like photo I-Card, Ration Card, Passport, etc. as
notified by the E.C.I. for the purpose as a proof of identity.
26.1.3 After his identity has been established and there is no challenge to his identity by any of the polling agents,
the elector's left forefinger will be marked with indelible ink. The second polling officer will be in charge of
the ballot papers. That polling officer will note down the electoral roll number in the counter-foil of the
ballot paper and direct the elector to put his signature or thumb impression on the counter-foil.
Thereafter, he folds the ballot paper vertically and horizontally and hands it over to the elector and sends
him to the third polling officer. The third polling officer hands over the sketch pen of violet colour inlk to
the voter and directs him to the Voting Compartment for marking his preferences. After marking his vote,
the voter folds the ballot paper in the Voting compartment itself and comes out and in the presence of the
third polling officer inserts the ballot paper in the ballot box and leaves the polling station.
26.2 At simultaneous elections in common polling stations to the Graduates / Teachers
26.2.1 When a Graduate elector enters a polling station he will proceed direct to the first Polling Officer who will
be in-charge of the identification of electors and of the marked copy of the electoral roll of Graduates'
constituency
26.2.2 After his identity has been established and there is no challenge to his identity by any of the polling agents,
the elector's left forefinger will be marked with indelible ink. The second polling officer will be in charge of
the ballot papers of Graduates' constituency. That polling officer will note down the electoral roll number
in the counter-foil of the ballot paper and direct the elector to put his signature or thumb impression on
the counter-foil. Thereafter, he sends him to the fifth polling officer. The fifth polling officer hands over the
sketch pen of violet colour ink to the voter and directs him to the Voting Compartment for marking his
preferences. After marking his vote, the voter folds the ballot paper in the Voting compartment itself and
comes out and in the presence of the third polling officer inserts the ballot paper in the ballot box and
leaves the polling station.
26.2.3 When a Teacher elector enters a polling station he will proceed direct to the third Polling Officer who will
be in-charge of the identification of electors and of the marked copy of the electoral roll of Teachers'
constituency
26.2.4 After his identity has been established and there is no challenge to his identity by any of the polling agents,
the elector's left forefinger will be marked with indelible ink. If the voter is a elector for graduates' and
teachers' constituency, his left forefinger was marked with indelible ink treating he has exercised his vote
in Graduates constituency. In such a case, indelible ink should be applied on the middle finger on his left
hand He will be directed to the fourth polling officer. . The fourth polling officer will be in charge of the
ballot papers of Teachers' constituency. That polling officer will note down the electoral roll number in the
counter-foil of the ballot paper and direct the elector to put his signature or thumb impression on the
counter-foil. Thereafter, he sends him to the fifth polling officer. The fifth polling officer hands over the
sketch pen of violet colour ink to the voter and directs him to the Voting Compartment for marking his

44
 preferences. After marking his vote, the voter folds the ballot paper in the Voting compartment itself and
comes out and in the presence of the third polling officer inserts the ballot paper in the ballot box and
leaves the polling station.
27. CHALLENGE TO THE IDENTITY OF A VOTER
27.1 . One of the main duties of the polling agent is to help the Presiding Officer to detect and prevent
impersonation of voters. The polling agent is therefore, entitled to challenge the identity of a person who
comes as a voter if he has personal knowledge that the person claiming to be that voter is not the same
person. The polling agents should not, however, make indiscriminate challenges as this would hamper the
smooth process of the poll leading to delay in which case some voters, including the supporters of his own
candidate, might get tired and leave the queue without voting.
28. LIST OF DEAD, ABSENT AND ALLEGEDLY SUSPICIOUS VOTERS
28.1. It is expected that a polling agent will have with him a copy of the electoral roll and also a list of the names
of the dead, absent and allegedly suspicious voters which might have been prepared by the candidate or
his party. A copy of this list should be supplied to the Presiding Officer also. If any person claims to be a voter
whose name is mentioned in that list, the polling agent should draw the Presiding Officers attention to
that fact.This will not amount to a format challenge.The Presiding Officer will check that person's identity.
29. FORMAL CHALLENGE TO VOTER'S IDENTITY
29.1. If the Presiding Officer disregards the list, the polling agent may formally challenge the identity of the
person provided he is satisfied that the person concerned is impersonating a voter.
29.2. Even if the name of a voter is not mentioned in the above list of dead, absent or allegedly suspicious voters,
but a polling agent has personal knowledge that the person claiming to be the voter is not the real voter,
the polling agent may formally challenge that person's identity.
29.3 Every person whose name is entered in the electoral roll is entitled to vote at the election and a person
claiming to be a voter and giving out the name and other details correctly is normally presumed to be that
voter. However, voters are required to identify themselves through any of the identification documents
specified by the Election Commission and the Presiding officer may refuse to allow a person a vote if
identification doceuments are not produced. Therefore, the polling agents are advised to challenge the
identity of a voter only when they are sure about their identity of the person challenged.
30. CHALLENGE FEE
30.1. The Presiding Officer will not entertain any challenge by a polling agent, until the challenger pays him
Rs.2/- (Rupees two only) in cash. After the amount has been paid, the Presiding Officer will furnish a receipt
therefor to the challenger in the form prescribed by the Election Commission.
31. SUMMARY INQUIRY INTO A CHALLENGE
31.1. When the identity of an elector is formally challenged by a polling agent, the Presiding Officer will warn the
person challenged about the penalty for personation, read out the relevant entry in the electoral roll in full
and ask him whether he is the person referred to in that entry, enter his name and address in the list of
challenged votes and ask him to sign or affix his thumb impression thereon. If the person challenged
refuses to do so, the Presiding Officer will not allow him to vote.
31.2 After the Presiding Officer has completed the entries in the list of challenged votes and obtained the
signature or thumb impression of the person challenged in the relevant column in the said list, he will ask
the challenger to produce evidence to show that the person challenged is not the voter that he claims to
be. If the challenger fails to adduce prima facie evidence in support of his challenge, the Presiding Officer
will disallow the challenge and allow the person challenged to vote. If the challenger succeeds in making
out a prima facie case that the person challenged is not the voter in question, the Presiding Officer will call
upon the latter to produce evidence to rebut the challenge, i.e., to prove that he is the voter he claims to be.
In the course of the inquiry the Presiding Officer is free to ascertain the true facts by putting to the person
challenged any questions necessary for the purpose of establishing his identity and require him to answer

45
 him on oath. He many also take evidence of any person whom he thinks to be helpful in his inquiry like the
village officer, the neighbors of the voter in question or any other person present. While taking such
evidence he may administer oath to the person challenged or any other person offering to give evidence.
31.3. After the completion of the inquiry, if the Presiding Officer considers that the challenge has not been
established, he should allow the person challenged to vote. Where, however, he considers that the
challenge has been established, the Presiding Officer shall debar the person challenged from voting. In
that case the Presiding Officer has also been instructed to hand over the person concerned to the police
man on duty together with a complaint addressed to the SHO of Police Station in the jurisdiction of which
the polling station falls for prosecution of the person concerned for committing the offence of
personation.
32. RETURN OF FORFEITURE OF CHALLENGE FEE
32.1. After the inquiry is over and the challenge is established, the Presiding Officer will return the challenge fee
of Rs.2/- to the challenger after taking his receipt in the appropriate column in the list of challenged votes
and on the counterfoil of the relevant receipt in the receipt book.
32.2. Where, however, the Presiding Officer is of the opinion that the challenge was frivolous or was not made in
good faith, he will forfeit the challenge fee to Government and will not return it to the challenger.
33. CLERICAL AND PRINTING ERRORS IN THE ELECTORAL ROLLS TO BE OVERLOOKED
33.1. The particulars in respect of a voter as entered in the electoral roll are sometimes incorrectly printed or
have become out of date, for example, the age of the voter.The polling agent should overlook mere clerical
or printing errors in any entry relation to a voter and should not raise objection about such voter, if he is
otherwise satisfied about the identify of that voter. When the electoral roll has been prepared in more than
one language and the name of a person has not been included in the marked copy of the electoral roll, the
Presiding Officer has been instructed to allow such voter to vote if his name appears in the version of the
electoral roll in the other language. You should advise your polling agents not to raise any objection in
respect of such an elector.
34. ELIGIBILITY OF VOTER NOT TO BE QUESTIONED
34.1. Every person whose name is entered in the marked copy of the electoral roll is entitled to vote at the
election. So long as there is no doubt the identity of such person, no question can be raised by a polling
agent at the polling station before the Presiding Officer about the eligibility of such a person to be
registered as a voter.
35. VOTING BY BLIND OR INFIRM VOTERS
35.1. If the Presiding Officer is satisfied that owing to illiteracy, blindness or other infirmity, a voter is unable to
read the ballot paper or to record his vote thereon, he will permit the elector to take with him a companion
of not less than 18 years who is able to read the ballot paper and record the vote thereon on behalf of and in
accordance with the wishes of the elector and , if necessy, to fold the ballot paper so as to conceal the vote
and insert it into the ballot box.
35.2 No person shall be permitted to act as the companion of more than one elector at any polling station on
the same day.
35.3. A candidate, his election agent or polling agent (provided he is not less than 18 years of age) can also act as
such companion to a blind or infirm voters. But he can act as such companion of only one elector on that
day.
35.4 The person acting as such companion is required to make a declaration in a prescribed form to the effect
that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted
as a companion of any other elector at any polling station on that day.
35.5. None of the polling staff shall act as a companion to the blind elector to record vote on his behalf under any
circumstances.

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36. TENDERED VOTES
36.1. It may happen that a person representing himself to be a particular elector comes forward to vote after
some other person has already voted as such elector. In that case if the Presiding Officer is satisfied about
the identity of such persons to be the real voter after necessary questioning, he will permit him to vote by
means of a tendered ballot papers. For that purpose the Presiding Officer will make necessary entry in the
list of tendered votes and obtain the signature or thumb impression of the voter therein. The voter will be
supplied with a ballot paper and the words 'Tendered Ballot Paper' will be stamped or written on its back.
The elector will record his vote on the tendered ballot paper by placing his preferences in figures with the
instrument supplied at the polling station. Such tendered ballot paper, after it is marked by the voter in
the voting compartment and folded, shall be placed by the Presiding Officer separately in a cover specially
kept for the purpose.
37. ELECTORS DECIDING NOT TO VOTE
37.1 If an elector, after his electoral roll number has been duly entered in the Counter-foil and he has put his
signature/thumb impression on thatcounter-foil, decides not to record his vote, he shall not be forced or
compelled to record his vote. A remark to the effect that he has decided not to record his vote “Refused to
Vote”- shall be made in the remarks column against the entry relating to him in the Register of Voters by the
Presiding Officer and the signature or thumb impression of the elector shall be obtained against such
remark under rule 49.
38. VIOLATION OF SECRECY OF VOTING
38.1. Every elector, who has been allowed to record his vote, is required to maintain secrecy of voting within the
polling station and to observe the prescribed voting procedure. If any elector refuses, after warning given
to him by the Presiding Officer to maintain the secrecy of voting and observe the voting procedure, he will
not be allowed to vote by the Presiding Officer or by a polling officer under his direction. The ballot paper
issued to such elector shall be taken back from him. The Presiding Officer will make a remark to that effect
“Not allowed to vote Voting procedure violated” and that ballot paper will be sealed separately and not
inserted into the ballot box.
39. VOTING BY PERSONS PRESENT AT CLOSING HOUR
39.1. The Presiding Officer will close the polling station at the hour fixed in that behalf and will not thereafter
admit any elector into the polling station. But all electors present at the polling station before it is closed
will be allowed to cast their votes, even if for that purpose the polling is to be continued beyond the
specified closing hour. For the above purpose, the Presiding Officer will distribute to all voters, who are
standing in the queue and waiting to vote at the specified closing hour, slips signed by him in full and
serially numbered form S.No.1 onwards. He will not thereafter allow any person to join the queue and for
ensuring this he will start distribution of the above slips to such voters from the tail end of the queue and
proceeding backward toward its head.
40. CLOSE OF POLL
40.1 The Presiding Officer shall close the poll after the last voter has recorded his vote. He should close the slit
of the ballot box.
40.2 The total number of votes recorded shall be immediately noted by thePresiding Officer in the “Account of
votes recorded”in Form 16.
41. FURNISHING OF COPY OF ACCOUNT OF VOTES RECORDED (FORM 16) BY THE PRESIDING OFFICER
41.1. The Presiding Officer should at the close of the poll prepare a ballot paper account in the polling station in
the prescribed Form 16. He is also required to furnish to every polling agent present at the close of the poll
an attested copy of the account after obtaining a receipt therefor from the Polling Agent. The Polling
Agents should, therefore ensure that they receive a copy of the said account from the Presiding Officer as
such account will be greatly needed by their candidates at the time of the counting of votes. Every polling
agent who receive a copy of the said account from the Presiding Officer should affix his signature on the

47
 form of declaration prescribed by the Commission. If any polling agent refuses to accept a copy of the
above account the Presiding Officer will note down the name of such polling agent.
41.2. At the end of the poll, the polled ballot box will be securely sealed. The candidates or their polling agents as
are present and desirous of putting their seals on the cloth covering the ballot box shall be allowed to do
so.
41.3. The names of the candidates/polling agents who have affixed their seals on the ballot box will be noted by
the Presiding Officer in the declaration, which he makes at the close of the poll.
42. SEALING OF ELECTION PAPERS-AFFIXATION OF SEALS THEREON BY POLLING AGENTS
42.1. After the close of poll the Presiding Officer will also seal all the election papers in separate packets in
accordance with the rules and instructions of the Election Commission. The polling agents present at
polling station are also permitted to affix their seals, in addition to the seal of the Presiding Officer, on the
envelopes and packet containing the following documents
(a) the marked copy of the electoral roll;
(b) the counterfoils of the used ballot paper;
(c) the ballot papers signed in full by the presiding officer under sub-rule (1) of rule 38 but not issued to
the voters;
(d) any other ballot papers not issued to the voters;
(e) the ballot papers cancelled for violation of voting procedure under rule 39;
(f ) any other cancelled ballot papers;
(g) the cover containing the tendered ballot papers and the list in Form 15;
(h) the list of challenged votes; and
(i) any other papers directed by the Election Commission to be kept in a sealed packet.
42.2. The polling agents are advised in the interest of their candidates to affix their seals on the above packets of
election papers.
43. TRANSMISSION OF BALLOT BOXES AND ELECTION PAPERS TO THE COLLECTION/STORAGE CENTRE
43.1. After the ballot boxes and all election papers have been sealed and secured by the Presiding Officer, he will
deliver them or cause them to be delivered at the collection/storage centre. This may be either the final
storage center prior to counting or the intermediate center prior to shifting to the final center.
44. ACCOMPANYING VEHICLES CARRYING POLLED BALLOT BOXES
44.1. The polling agents are permitted to accompany the vehicle in which the ballot boxes and election papers
are carried to both the intermediate as well as the final collection/storage centre. But they will have to
make their own transport arrangements and will not be permitted to travel in the vehicle carrying the
ballot boxes and election papers.
45. CUSTODY OF BALLOT BOXES:
45.1 . After the completion of poll in a constituency the polled boxes will be taken to the place of intermediate
storage at sub-division level and kept in safe custody under proper guard till they are taken to the strong
room at Counting centre. On the next da, the polled ballot boxes along with other material shall be shifted
by the District Revenue Officer, who is the Assistant Returning Officer of the consttieuncy with the help of
the RDOs under proper escort to the RO-District headquarters i.e., strong rooms at Counting centre. You
will be informed in advance by the Returning Officer about the programme and route of the collection
parties that will be sent by him for the collection of the polled ballot boxes from the polling stations and for
bringing them to place of storage. If you want, you may ask your agents to accompany those collection
parties. You will, however, have to make your own arrangement for their transport as they would not be
allowed to travel in the official vehicle. If you like you may also post an agent to keep watch at the place

48
 where the ballot boxes are kept, and the agent will be allowed to affix his seal on the doors and windows of
the building in which the ballot boxes are stored in addition to the seal that may be affixed by the
Returning Officer. In case you yourself or your election agent himself is not putting up such seals, you
should give full particulars of the agent who would put such seals, to enable the verification of his identity.
After all the ballot boxes have been received and stored in the final counting center and the room has been
locked, no one will be allowed to go in until the morning of the day fixed for counting. If during the interval,
the room is to be opened for some reason, the Returning Officer will inform the candidates and open the
room in their presence and immediately after the purpose for which the room is opened has been served,
the candidate or their representatives will again be allowed to seal the doors and windows. A log book will
also be maintained in order that a full record is available of persons entering the room, the purpose of the
visit, time of entry, time of exit etc.
46. ADJOURNED POLL
46.1. If there is a riot or open violence at the polling station or a natural calamity like severe storm, heavy
snowfall or the like or some other sufficient cause, the Presiding Officer will adjourn the poll under the
provisions of sub-section(1) of section 57. A passing shower of rain or strong wind would not be sufficient
cause for adjournment of poll. The Commission has, however, decided that an adjourned poll may be
ordered at all those polling stations where polling fails to start for two hours. The adjourned poll will be
held on a date and at the time and place to be fixed by the Returning Officer with the prior approval of the
Election Commission. The counting of the votes in the constituency will not commence until the
adjourned poll has been completed.
46.2 Where the poll has been adjourned at a polling station the adjourned poll will recommence from the stage
at which it was left immediately before the adjournment. i.e., only those electors, who had not already
voted before the poll was adjourned, will be permitted to vote at the adjourned poll. The Presiding Officer
of the polling station, at which such adjourned poll is taken, will be provided with the sealed packets
containing (i) the marked copy of the electoral roll, and (ii) ballot papers etc., received earlier from the
presiding officer of the polling station concerned at which the poll was adjourned, and also a new ballot
box.
46.3. Before the commencement of the poll, the sealed packets containing the marked copy of the electoral roll
and ballot papers will be reopened by the Presiding Officer in the presence of the candidates or their
agents who may be present at the polling station and this very marked copy for the electoral roll and ballot
papers will be used for adjourned poll.
47. FRESH POLL
47.1. If any ballot box or ballot papers used at a polling station
(i) have been unlawfully taken away by unauthorised person; or
(ii) have been accidentally or intentionally destroyed or lost or damaged or tampered with and the
Returning Officer is satisfied that the result of the poll at that polling station cannot be ascertained
for that reason; or
(iii) any error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station;
47.2 The Returning Officer will report the facts of the Election Commission and the Chief Electoral Officer of the
State.
47.3. After considering all the material circumstances, the commission will, if necessary
(i) declare the poll at that polling station to be void; and
(ii) formally fix the date and hours for fresh poll and notify it.
47.4. On receiving intimation from the Commission, the Returning Officer will inform the contesting candidates
or their election agent of the date, time and place fixed for the fresh poll and affix a notice or his notice
board notifying the date and hours so fixed. Also he would announce by beat of drum or otherwise in the
polling area concerned the place, the date and hours so fixed.

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47.5. The fresh poll will be taken in the same manner as is prescribed for the original poll.
47.6. The counting of votes in respect of the rest of the constituency will not be and shall not be taken up till the
polled ballot box from the polling station where repoll was held reaches the counting centre.
48. FRESH POLL OR COUNTERMANDING OF ELECTION IN CASE OF BOOTH CAPTURING
48.1. Under section 58A, if booth capturing (as defined in section 135A) has taken place at a polling station in
such a manner that the result of the poll of that polling station cannot be ascertained, the Returning Officer
shall forthwith report the matter to the Election Commission. On receipt of that report from the Returning
Officer, the Election Commission shall, after taking all material circumstances into account, either (i)
declare the poll at that polling station to be void and direct; fresh poll to be taken on a date to be appointed
by it, or (ii) countermand the election if it is satisfied that in view of the large number of polling station
involved in booth capturing the result of the election is likely to be affected.
48.2. If the Commission directs fresh poll to be taken at any polling station, the Returning Officer will proceed for
taking such fresh poll in accordance with the instructions contained in the preceding paragraph.
48.3 If the election is countermanded by the Commission on account of booth capturing, all proceedings for
that election will commence a new and a fresh notification calling for the election will be issued in due
course.

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 CHAPTER XI

METHOD OF VOTING

Every elector has only one vote at an election irrespective of the number of seats to be filled.
An elector in giving his vote
(a) shall place on his ballot paper the figure 1 in the space opposite the name of the candidate for
whom he wishes to vote in the first instance; and
(b) may, in addition, place on his ballot paper in figure 2 or the figures 2 and 3,or the figures 2, 3
and 4 and so on, in the space opposite the names of the other candidates in the order of his
preference.
(c) The figures referred above may be marked in the international form of Indian numerals or in
the Roman form or in the form used in any Indian language but shall not be indicated in words.
To avoid confusion at the time of counting, marking the figures in International form of Indian numerals i.e.,
1, 2, 3, 4 etc., is preferable by the electors.
Instructions on method of voting and sample illustrations of invalid ballot papers are at Appendix-10

51
 CHAPTER XII

COUNTING OF VOTES

1. INTRODUCTORY
1. Counting of votes is the last major step towards the culmination of the election process. It is on the correct
and proper counting of votes that the true choice of the electorate finds expression and it is on the basis of
such ascertainment of their true choice that their chosen representative is declared elected. Therefore, the
importance of the process of counting of votes hardly needs to be emphasized.
1.2. Under the law, counting of votes is to be done by, or under the supervision and direction of the Returning
Officer of the constituency in the presence of the candidates and their agents. The law authorizes the
Assistant Returning Officer also to undertake the counting of votes
2. DATE, PLACE AND TIME OF COUNTING
2.1. The Returning Officer will give notice to you or to your election agent, at least one week before the date or
the first of the dates fixed for the poll, of the place, date and time fixed for the counting of the votes, in the
forms prescribed by the Commission for the purpose.
2.2. If for any unavoidable reason the Returning Officer is unable to proceed with the counting at the place and
at the time and on the date fixed and communicated to you, he will postpone the counting and fix another
date and time and if necessary another place for the counting of votes. You or your election agent will be
given notice of every such change in writing.

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3. PERSONS ALLOWED IN COUNTING HALL
3.1 Only the following persons will be allowed inside the counting hall:-
(i) counting supervisors and counting assistants;
(ii) persons authorised by the Election Commission;
(iii) public servants on duty in connection with the election;
(iv) yourself, your election agents and counting agents.
N.B. (1) The 'public servants on duty' will not include the Police Officers, whether in uniform or without
uniform (unless called for by the Returning Officer for maintenance of law and order or other duty),
Ministers, State Ministers and Deputy Ministers of the Union and States and the Speaker/Chairman
of the Lok Sabha/Rajya Sabha/State Legislative Assemblies/Legislative Councils.
(2) No security personnel accompanying, if any, a candidate or his election agent or counting agent shall be
permitted to enter the counting hall.
4. NUMBER OF COUNTING AGENTS THAT MAY BE APPOINTED
4.1. Each candidate has been allowed to appoint as many counting agents as there are counting tables and
one more to watch the counting at the Returning Officer's table. Under the instructions of the Election
Commission, not more than fourteen tables in addition to one table for the Returning Officer can be
provided for counting in one counting hall. The number of counting agents that may be appointed by a
candidate may not ordinarily exceed fifteen, as the number of counting tables may also not ordinarily
exceed fifteen, including the table of the Returning Officer.
4.2. As mentioned above, the Returning Officer will intimate in writing to each candidate or his election agent,
at least one week before the date fixed for the poll, the place or places where the counting of votes will be
done and date and time at which the counting will commence. He will also inform them sufficiently in
advance about the number of counting tables that will be provided in the counting hall, so that they may
appoint their counting agents accordingly.
4.3. The above mentioned limit in regard to the maximum number of counting agents will apply separately in
respect of each counting place when counting is done at more places than one.
5. QUALIFICATION FOR COUNTING AGENTS
5.1. The law does not prescribe any specific qualifications for persons to be appointed as counting agents.
However, the candidates are advised to appoint mature and major persons as their counting agents so that
their interests are properly watched.
5.2. However a Minister shall not be appointed as a counting agent as his personal security shall be
jeopardised with such appointment, because his security personnel will not be permitted to accompany
him into the counting hall.
5.3. A Government servant also cannot act as counting agent of a candidate and if he so acts, he is punishable
with imprisonment for a term, which may extend to 3 months or with five or with both.
6. APPOINTMENT OF COUNTING AGENTS
6.2. Appointment of a counting agent is to be made either by yourself or your election agent. Such
appointment is made in Form 18 appended to the Conduct of Elections Rules, 196. The name and address
of the counting agent will be filled in that form and you or your election agent will personally sign that
form.The counting agent will also sign that form in token of his acceptance of the appointment.Two copies
of such forms will be prepared and signed, in all cases. One copy of that form is to be forwarded by you/your
election agent to the Returning Officer while the other copy is given to the counting agent for production
before the Returning Officer.

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6.3. You may appoint all your counting agents by a single letter of appointment in Form 18. In that case, all the
counting agents are required to sign that letter of appointment in token of having accepted the
appointment.
6.4. Your facsimile signature in the form of appointment may also be acceptable wherever there is no doubt
about the signature.
7. TIME LIMIT FOR MAKING APPOINTMENT OF COUNTING AGENT
7.1. The Election Commission has directed that in all constituencies irrespective of the number of contesting
candidates in the constituency, the candidates should submit the list of their counting agents with
photographs of such agents to the Returning Officer latest by 1700 hours on the day three days before the
date of counting. The Returning Officer will prepare identity cards for such agents and issue the same to
the candidate.
7.2. The counting agent must produce those identity cards along with their letter of appointment when they
come to attend the counting.
7.3. The letter of appointment along with the identity card of counting agent must be produced before the
Returning Officer at least one hour before the time fixed for counting of votes. The Returning Officer will
not accept any appointment letter which is received after the aforesaid time.
8. REVOCATION OF APPOINTMENT OF COUNTING AGENT
8.1 You or your election agent are authorised to revoke the appointment of a counting agent.
8.2. Such revocation of appointment is made in Form 19 appended to the Conduct of Elections Rules, 1961
and becomes operative from the time at which it is lodged with the Returning Officer. In such a case, you
are authorised to appoint another counting agent in place of the one whose appointment has been
revoked, at any time before the commencement of counting. Once the counting has commenced no
appointment of fresh counting agent can be made.
8.3 Appointment of such fresh counting agent is to be made in the same manner as explained in Para 6 above.
9. ADMISSION OF COUNTING AGENTS TO THE COUNTING HALL
9.1. On production of his letter of appointment and the identity card before the Returning Officer, the counting
agent will be required to sign before the Returning Officer the declaration contained in his letter of
appointment regarding maintenance of secrecy of voting. After verification of the letter of appointment,
identity card and declaration, the Returning Officer will permit the counting agent to enter the counting
hall.
9.2. The Returning Officer is empowered to subject any counting agent to search of his person before entry
into the counting hall.
10. BADGES FOR COUNTING AGENTS
10.1. Each counting agent will be given a badge by the Returning Officer indicating whose agent he is and
showing the serial number of the table at which he will watch the counting. He should keep sitting at the
table allotted to him and will not be allowed to move about all over the hall. However, you, your election
agent and in their absence, your polling agent at the Returning Officer's table will be allowed to go around
all counting tables.
11. MAINTENANCE OF DISCIPLINE AND ORDER IN THE COUNTING HALL
11.1. Every one should cooperate with the Returning Officer in maintaining discipline and order inside the
counting hall. They should not leave the counting hall without the permission of the Returning Officer.
They should carry out all directions given by the Returning Officer. They should note that the Returning
Officer may send out of the counting hall any person who persists in disobeying his directions.
11.2. No counting agents and others will be allowed to go outside the counting hall during counting process. In
other words, when once counting agents and others are inside the counting hall, they will ordinarily not be

54
 allowed to go outside until after the declaration of result.
11.3. All the reasonable facilities for drinking water, refreshment, toilet, etc., will be provided adjacent to the
counting hall.
12. SMOKING INSIDE THE COUNTING HALL IS STRICTLY PROHIBITED
If any person desires to smoke, he should go out of the counting hall (bjut not outside the premised of the
counting centre) for that purpose, with the permission of the Returning Officer and without, however
causing any dislocation in the counting process.
13. SEATING ARRANGEMENT FOR COUNTING AGENTS
13.1. On each counting table, the seating arrangement for the counting agents shall be made having regard to
the following categories or priority, namely:-
(i) candidates of recognised National parties;
(ii) candidates of recognised State parties;
(iii) candidates of recognised State parties of other States who have been permitted to use their
reserved symbols in the Constituency;
`(iv) candidates of registered-unrecognised parties;
(v) independent candidates.
14. ARRANGEMENTS FOR BARRICADING OF COUNTING TABLES
14.1. In each counting hall, barricades will be provided for each counting table so that the ballot boxes and
ballot papers are not handled by the counting agents. However, counting agents will be provided all
reasonable facilities to see the whole counting process at the counting table. The Returning Officer will
ensure that the barricades are transparent or that the space in between or above the bamboos or other
material used for purpose of erecting barricades is adequate to permit full viewing of the counting
process. The exact manner in which barricades may be erected is left to the discretion of the Returning
Officer who has to adopt such approach as he may deem fit for attaining the objective of ensuring that the
ballot papers are not handled by unauthorised persons or tampered with in any manner in process of
counting.
15. MAINTENANCE OF SECRECY
15.1 . Every person inside the counting hall is required by law to maintain, and aid in maintaining, the secrecy of
voting and should not communicate to any person any information calculated to violate such secrecy.
They should note that any person contravening the provisions of law in this respect is liable to be punished
with imprisonment for a term which may extend to 3 months or with fine or with both (Section 128 of the
R.P. Act, 1951)
15.2. Before the commencement of the counting of votes, the Returning Officer will read out and explain the
provisions of the above mentioned section 128 for the information of all present and for compliance on
their part.
16. COUNTING TO BE CONTINUOUS
16.1. The counting of votes will, as far as practicable, be proceeded with continuously till it is over.
17. COUNTING OF POSTAL BALLOT PAPERS
17.1. Under the law [Rule 73(1)(a) of the Conduct of Elections Rules, 1961] the covers containing the postal ballot
papers are to be dealt with first. Such covers will be dealt with in the manner as prescribed in sub-rules (2)
to (7) of Rule 54A. It should be noted that after a postal ballotpaper has been taken out of the cover
containing it, the same will not be taken forthwith for detailed scrutiny to determine its validity or
otherwise. Allpostal ballot papers should be taken up for suchdetailed scrutiny along with the ballot
papers taken out of the ballot boxes [Rule 73(l)(c)].

55
17.2 Covers in Form 13C containing postal ballot papers received after the hour fixed for the commencement of
the counting of votes will not be opened. They will be rejected and kept in a separate packet and sealed,
noting thereon the appropriate particulars.
17.3 The covers in Form 13C received in time will be opened one after another. As each cover is opened, the
declaration in form 13A and the cover in Form 13B will be taken out and scrutinizes the declaration. If the
declaration in Form 13A is not found in the cover or the declaration has not been duly signed and attested
or attested by an officer not competent to do so or is otherwise substantially defective or if the serial
number of ballot paper appearing in the declaration is different from the serial-number on the cover in
Form 13B the cover containing the postal ballot paper will not be opened but the ballot paper should be
rejected. Each such rejected cover will be endorsed suitably and the declaration and cover will be replaced
in the cover in Form 13C. All such covers in Form 13C will be kept together in a separate packet and sealed
and full particulars such as the name of the constituency, the date of counting and a brief description of
contents should be noted thereon for easy identification. All the declarations in Form 13A which have been
found to be in order, will then be kept in a separate packet in order to ensure that the secrecy of the postal
ballot is kept inviolate.The packet will then be sealed noting thereon the particulars regarding the name of
the constituency, the date of counting and brief description of contents.This will be done before the covers
containing the ballot papers in Form 13B are opened.Thereafter the covers in Form 13B will be opened one
after another and the ballot papers contained therein taken out.
17.4 As already clarified above, the postal ballot papers taken out of the covers will not be taken up for detailed
scrutiny separately but along with the ballot papers taken out of the ballot boxes.

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 CHAPTER - XIII

COUNTING PROCESS IN LEGISLATIVE COUNCIL ELECTIONS

GENERAL INSTRUCTIONS

1. This is a practical example of counting of votes at an election from a Council Constituency.

2. The constituency spread over two districts and the total number of polling stations set up were 120. Total
electorate 1,20,000. Total Votes polled were 55,003. The polled & sealed ballot boxes from the 120 polling
stations reached the counting center in time and were stored in the strong room in the counting center.
3. When the polling station material was delivered to distribution centre after close of voting, then
immediately Form-16 was identified. The entry in Form-16 (Ballot Paper Account) relating to the number
of ballot papers to be found in the ballot box (item 5 in Form-16) was noted in the statement of total votes
polled as detailed in para 6.4 below.
4. The candidates and their agents were informed of the time of counting in advance
5. Postal Ballots
5.1. The RO attended to postal ballots in the beginning. There were total 25 postal ballots received in time. The
covers in Form 13C received in time were opened one after another. The RO took out the declaration in
form 13A and the cover in Form 13B and scrutinized the declaration. In respect of 20 postal ballots, the RO
found either the declaration in Form 13A was not found in the cover or the declaration has not been duly
signed and attested or attested by an officer not competent to do so or is otherwise substantially defective
or the serial number of ballot paper appearing in the declaration is different from the serial number on the
cover in Form 13B. In these 20 cases, the RO did not open the cover containing the postal ballot paper and
rejected them as invalid. Each such rejected cover was endorsed suitably and the declaration and cover
were Replaced in the cover in Form 13C. All such covers in Form 13C were kept together in a separate
packet and sealed.
5.2. All the declarations in Form 13A which have been found to be in order were kept in a separate packet in
order to ensure that the secrecy of the postal ballot is kept inviolate.
5.3. The 5 covers containing the ballot papers in Form 13B were opened one after another and the .ballot
papers contained therein taken out.
6. Bringing out ballot boxes
6.1. While the RO was engaged with the postal ballots, the ARO was authorised to bring out the polled ballot
boxes into the counting hall from the strong room. The Boxes were brought out in the serial order of the
polling stations to which they belonged. Since all the boxes of 120 polling stations could not be
accommodated on the counting tables, they were brought out in batches of 40 polling stations.
6.2. The Ballot Boxes were arranged in a row on the tables in the order of the polling stations to which they
belonged. On request, the candidates and their agents went round the rows of the boxes to verify that the
seals of the ballot boxes were intact. These 40 were kept aside and the next batch of 40 followed and
followed the same procedure.
Note: It is important that all the polled ballot boxes should first be inspected to see that seals are intact and no
tampering is suspected. If any of the boxes is found to be tampered with or suspected to have been
tampered with, THE COUNTING CANNOT PROCEED FURTHER until all the facts are reported to CEO and ECI
and orders are received. If repoll is ordered, the counting will resume or commence only after completion
of that repoll. THEREFORE INSPECTION OF ALL BOXES IS A MUST BEFORE ANY BOX IS OPENED.
6.3. After the candidates expressed satisfaction with the last batch of boxes, the ARO arranged the first batch
of boxes on the counting tables, had the seals opened and took out the ballot papers. The ballot papers

57
 were kept in Trays, polling station-wise (face down) and were counted for their total number. The ballots of
each polling station were made into bundles of 25 or 50 as convenient and kept in the Tray with a slip on
top indicating the total number. That number was tallied with the figures given by the presiding officer of
the polling station in Form-16. In this example, the number of ballot papers as per Form 16 tallied with the
number of ballot papers taken out of the ballot boxes. Where there is a difference, this must be
satisfactorily reconciled before proceeding further.
6.4 After completing the counting of ballot papers of each polling station, that figure was entered in a
“POLLING STATION-WISE STATEMENT OF TOTAL VOTES POLLED” as shown below:

Name of the Council Constituency: MALGUDI TEACHERS' CONSTITUENCY

POLLING STATION-WISE STATEMENT OF TOTAL VOTES POLLED

58
II No. of Postal Ballot Papers taken out of Covers under rule 54A(7) :5
GRAND TOTAL : 54998 + 5 = 55003
III No. of Ballot Papers Rejected: 1238
IV No. of Valid Ballot Papers 53,765
7. Mixing of votes
7.1. After filling up the votes polled statement as above, the RO ordered that the empty ballot boxes should be
removed to a corner. The ballot papers polled (54,998) at all polling stations were placed at one place and
after adding the 5 postal ballots also to this lot, all were mixed.
Note: Council votes are NOT counted polling-station-wise. Further they should be counted at only one place and
table.
7.2 All the bundles of ballot papers were kept on RO's table (This table from where further proceedings take
place shall be big enough for the RO to count, for the distribution of votes to various candidates, for seating
the Counting Supervisors, Assistants etc. ). The RO scrutinise each paper and sort out the invalid votes. The
RO followed the following method:
8. Grounds for Rejection of Ballot Paper
A ballot paper shall be invalid on which
(a) the figure '1' is not marked; or
(b) the figure '1' is set opposite the name of more than one candidate; or
(c) the figure '1' is so placed as to render it doubtful to which candidate it is intended to apply; or
(d) the figure '1' and some other figure like 2, 3, etc., are set opposite the name of the same candidate; or
(e) there is any mark or writing by which the elector can be identified; or
(f ) there is any figure marked on the ballot paper otherwise than with the article (i.e., sketch pen of
violet Colour ink) supplied to him for the purpose.
(g) Blank Paper without any preference marked
9. Preference Indicated in Words
9.1. Under the Rules, the electors are required to indicate their preferences by marking the figures 1, 2, etc., and
such preferences cannot be indicated in words. Therefore, if the first preference on any ballot paper has
been indicated by writing the word or worlds 'one' or 'first preference' instead of figure '1' or such words
have been written in addition to the figure '1', such ballot paper shall be rejected.
10. Ballot Paper Marked Partly in Figures and Partly in Words
10.1. Under the rules, it is obligatory for an elector only to mark figure '1' in the in the ballot paper. The placing of
figure '2' or subsequent preferences is only optional. For the above reasons, a ballot paper should be
treated as valid if the first preference has been indicated correctly thereon by marking it with figure 1. If the
other preferences are not indicated at all or, are indicated not in figures but in words, then those
preferences should be treated as having been not made at all. The correct indication of the first preference
is enough to make it a valid vote and such a ballot paper should not be rejected in toto.
11. Mark or Writing by which Elector can be Identified
11.1. Under Rule 73(2) (d), a ballot paper shall be rejected if it bears any mark or writing by which an elector can
be identified. The Supreme Court has held in Shradha Devi Vs. Krishna Chandra pant (AIR 1982 SC 1592)
that the mark or writing which would invalidate the ballot paper must be such as to itself unerringly point
in the direction of or reasonably give indication of the identity of the voter. There must be some causal
connection between the mark and the identity of the voter that looking at one, the other becomes
revealed. In the absence of such suggested mark or writing, the ballot paper cannot be rejected merely

59
 because there is some mark or writing. Any mark or writing of an innocuous nature cannot be raised to the
level of such suggestive mark or writing as to reveal the identity of the voter.
12. Other Grounds on which ballot Paper NOT to be Rejected :
12.1. A ballot paper should also not be rejected simply because
(a) the figure '1' has been marked more than once in the column of the same candidate;
(b) the figure '1' has been marked not in the column meant for marking the order of preferences but at
some other place in the panel of candidate;
(c) the original mark is patently in the column of one candidate but an impression or smudge thereof
appears against the name of some other candidate due to wrong folding;
(d) the mark indicating the vote is indistinct or made more than once, if the intention that the vote is for a
particular candidate clearly appears from the way the paper is marked; or
(e) there is a faint undecipherable thumb impression or smudge impression left inadvertently by the
elector on the ballot paper while handling it because of the presence of some ink on his thumb
which was put thereon for the purpose of obtaining his thumb impression on the counterfoil of the
ballot paper.
12.2. While allowing the candidates or their agents to inspect the ballot papers proposed to be rejected by you,
do not allow them to handle any ballot paper physically.
13. Arrangement of Counting Trays:
13.1. The RO decided that out of total 55,003 votes polled, 1,238 are invalid. After rejecting the invalid ballot
papers and sealing them, the RO bundled and kept the 53,765 VALID ballot papers at one place. He
directed the Counting Assistants to arrange the trays candidate wise on the Table. One Tray for one
candidate and the name of the candidate pasted on both outer and inner sides of the Tray. RO Entered the
numbers of valid and invalid votes in the polling station-wise statement of Total Valid Votes Polled
indicated in Para 11 above.
Counting Process for Single Seat Constituency
(continued From Para 13.1 Above)
14. Candidate-wise distribution of valid votes:
14.1. There were 10 candidates and 10 Trays were arranged on the Table opposite to the RO. Each Tray was kept
in charge of a CA. Seats were provided to the candidates and their agents in such a way that they can
closely watch the proceedings and keep an eye on the Trays.
Note: At no time the candidates or agents are allowed to handle any ballot paper.
Further Note: Ensure that the Counting staff handling the ballot papers do not have or use any pen during the
counting. They should use only PENCILS.
14.2. To keep the tradition of transparency in the conduct of elections and counting, the RO briefed the
candidates and their agents that the valid votes will be distributed according to the 1st preference marked
to them and since only one seat is to be filled, the value of each vote is“1”.
14.3. If the number of valid votes is not large (say 1000 or less), to instill full confidence, the RO may announce to
whom the first preference is marked on each ballot paper. In the present case, the RO opted to distribute
the votes without announcement as the number of valid votes to be counted was very large 53,765.
14.4. Valid votes were distributed according to 1st preference marked. After completing the distribution of
53,765 votes, the RO directed the C.As to check again and again, if necessary, and ensure that the 1st
preference was marked to only that candidate in whose tray the vote was kept.
14.5. C.As thoroughly checked and counted the votes secured by each candidate, made bundles of 25 and kept
the bundles in each Tray with a slip on top indicating the total votes in the Tray.

60
14.6. The RO got the No. of votes of each candidate entered in the Status Report statement as follows:

STATUS REPORT OF EACH CANDIDATE AFTER THE LATEST ROUND

(To be kept with the R.O)

14.7. The above is a very handy statement to the RO. This will show the latest position to the RO. He should have
one special officer to constantly update this statement. After entering the votes of each candidate, they
were totaled. The RO is satisfied that every valid vote was accounted for. He asked the C.As to fill the
relevant column of the Account of Votes Received of each candidate as follows: (Given below is the Sheet of
candidate No. 1)

61
 Date: 12-10-2005
Name of the Council Constituency: MALGUDI TEACHERS' CONSTITUENCY
ACCOUNT OF VOTES RECEIVED
(This Statement should be kept by the side of the Tray of each candidate and
should be filled in by the Counting Assistant during the counting)

After filling above statements in respect of each candidate, they were kept by the side of the relevant Tray
of the candidate. The main purpose of this statement is to keep a close watch on each candidate's
progress. For example, if during a round of counting and transfer of votes, if the candidate is nearing the
QUOTA for election, the CA should caution the RO as soon as the candidate gets the required quota, so that
the RO stops further counting.
14.8. The RO ordered that the original votes of each candidate shall be placed in separate Envelopes known as
main parcel. After keeping votes in the cover, the C.As write on the cover the particulars of the candidate
whose votes were kept inside. For example the Main Parcel of the first candidate Shri Mohd. Kaif was as
follows:

62
 The envelop for the main parcel will have to be large enough to accommodate all the first round votes a
candidate may receive.
CALCULATION OF QUOTA:
14.9. Quota is the number of minimum votes a candidate has to secure for getting elected.
The principle to calculate the quota is as follows:

Total value of valid votes

Quota = ------------------------------------------------ + 1
No. of seats to be filled +1

a) Total Value of Valid Votes = 53765

b) Seats to be filled = 1
quota =53,765
---------- + 1 = 26,882.50 + 1 = 26,882 + 1 = 26,883
1+1
14.10. In single elections, the seats to be filled are 1. Therefore, total valid votes are divided by 2 (Seats to be filled
= 1 + 1). If there is any fraction by this division, it is IGNORED. ( In the instant case RO ignored .50)
14.11. In the present case, the quota required for election was 26,883 votes. The highest number of votes a
candidate got were by Shri Robinson with 24,122 votes. No candidate got the quota after the initial
round. If any one got the quota, the counting would have come to a close after the first round.
14.12. After calculating the quota, the RO ordered that the result of the 1st round be posted in the RESULT SHEET.
14.13. Since no candidate secured the quota in the first round, the next step was to “Eliminate” or “Exclude” from
the contest, a candidate with the lowest number of votes and distribution of his votes to the other
“continuing candidates”. If more than one candidate got “equal” number of lowest votes, then the RO has to
decide by draw of lots as to who should be eliminated first. [Write each name on a separate slip of paper,
fold each concealing the name on it, place them on the table and pick up one slip. Whose so ever's name is
picked up, he will be eliminated first. Announce the procedure prior to doing so].
14.14. When a candidate is excluded from the poll in the manner indicated above, all his ballot papers shall be
distributed among the remaining continuing candidates according to the next available preferences
recorded thereon.
2nd ROUND ELIMINATION OF LAKSHMI KUMAR (LK)
14.15. In the present count, since no candidate secured the quota, the RO decided to exclude the candidate with
lowest votes.
Lakshmi Kumari (LK) :
14.16. LK secured 126 votes and was found to be the candidate with the lowest votes. The Tray of the excluded
candidate (LK) was removed from the table. She had only original votes in Main Parcel. They shall be
distributed to the continuing candidates at the same value of “1” according to the valid 2nd preference
marked on each paper.
14.17. First of all, the RO reexamined all 126 ballot papers in LK's Main parcel. Out of 126 papers, 75 were found to
have been exhausted due to one of the following reasons:

63
14.18. Exhausted Ballot Papers are
l the papers on which only first preference is marked and no other preference given.
l Papers on which 2nd preference is NOT marked, even though there may be other preferences like 3, 4, …….
l Papers on which 2nd preference is marked for more than one candidate
l Papers on which along with 2nd preference, another preference is also marked for the same candidate; or
l Paper on which 2nd preference is marked in words like “Two”,etc.
14.19. No action was taken on these 75 Exhausted Papers and they were sealed back in the same envelope
marked“Main Parcel”of the candidate (LK) and on the cover it was written“EXHAUSTED PAPERS”.
14.20. All the 51 unexhausted ballot papers were divided among the remaining continuing candidates
according to the next available preference recorded on each such ballot paper. The distribution of 51
votes of LK was noted in Transfer Sheet No. 1 as follows:

TRANSFER SHEET NO. 1

64
 STATUS REPORT OF EACH CANDIDATE AFTER THE SECOND ROUND
(To be kept with the R.O)

14.21. The RO got the result of 2nd round posted in the RESULT SHEET. After the second round also, no candidate
secured the quota. Therefore, the RO decided to eliminate another candidate with lowest votes.
Posting in the candidate's sheet.
3rd ROUND ELIMINATION OF RAMESH NAIDU (RN)
14.22. There were two candidates with equal lowest votes after the second round of counting. They are Ramesh
Naidu (RN) and Swarajyam (SW) with equal lowest votes of 251 each. In such cases, before drawing any lot,
the RO is required to compare their votes in earlier round. In the First Round, RN secured 246 votes whereas
SW got 251. In the 2nd round RN secured 5 more votes from LK. Therefore, since RN was much lower than
SW in first round, he was to be eliminated now without any draw of lots.
14.23. RN's has a Main Parcel with 246 votes and a sub-parcel with 5 votes. The RO first examined the 246 votes in
the Main Parcel. Out of 246, 207 papers had next preference properly marked and 39 papers were found to
have been exhausted. One of the reasons for exhausted papers was that on some of them 2nd preference
was marked to L.kumari who was already eliminated and there was no 3rd preference marked on them.
14.24. RO distributed the 207 papers and noted the result in Transfer Sheet-2. Still no body got the quota. Then
the RO took up the 5 ballots in sub-parcel-1 of RNaidu. On scrutiny, the RO found that all 5 are exhausted as
there was no further preference. This was also noted in Transfer Sheet No. 2 and the result was posted in
the Result Sheet.

65
66
4th ROUND ELIMINATION OF SWARAJYAM (SW)
14.25 After 3rd Round also no body secured the quota. Swarajyam with a total votes of 337 was found to be the
candidate with lowest votes. RO took out her Tray. The details of the votes in her parcels are as follows:

Main Parcel 251

Sub-Parcel-1 86

14.26 RO first examined the 251 votes in the Main Parcel. 25 were found to have been exhausted. 226 were
distributed to the remaining 7 continuing candidates as shown in Transfer Sheet-3. After this transfer, the
RO took up the sub-parcel with 86 votes. Out of these 80 were found to be exhausted and only 6 were
distributed (see Transfer Sheet-3):

67
14.27. The RO enter the result of transfer sheet after 3rd round into the result sheet of 4th round.
14.28. Out of 10 candidates, 3 have been excluded. Still no one got the quota. The RO reviewed the position of the
remaining 7 candidates :

STATUS REPORT OF EACH CANDIDATE AFTER THE FOURTH ROUND

(To be kept with the R.O)
Seats to be Filled : ONE QUOTA = 26,883

5th ROUND ELIMINATION OF KRISHNA RAO

14.29. No body got the quota after 4th round. Both Krishna Rao (KR) and Koteswara Rao (KTR) got equal lowest
votes of 920. However, after completion of the 3rd Round, Koteswara Rao had more votes than Krishna Rao.
Therefore, RO selected Krishna Rao for elimination.

The Votes of Krishna Rao were as follows:

Main Parcel 902
Sub-parcel-1 3
Sub-Parcel-2 15

68
14.30. The distribution of votes and the No. of exhausted papers were as shown in the Transfer Sheet No. 4 below:

69
 STATUS REPORT OF EACH CANDIDATE AFTER THE FIFTH ROUND
(To be kept with the R.O)

6th ROUND ELIMINATION OF KOTESWARA RAO

14.31. So far 4 were eliminated and 6 remained. No body got the quota. Shri Koteswara Rao with 920 votes was
the lowest and the RO took his Tray to eliminate him. His votes were:

Main Parcel 902

Sub-parcel-1 14
Sub-Parcel-2 4

14.32. From Main Parcel out of 902 votes, 720 were distributed and 182 were exhausted. In the sub-parcel 1 and 2,
all 18 were exhausted.

70
71
 STATUS REPORT OF EACH CANDIDATE AFTER THE SIXTH ROUND
(To be kept with the R.O)
Seats to be Filled : ONE QUOTA = 26,883

7th ROUND ELIMINATION OF WESLEY

14.33. After 6th Round also, the quota remained unfilled. RO again reviewed the position and decided to
eliminate Shri Wesley who had the lowest votes (2832). RO removed his Tray from the Table and examined
his votes. He had following parcels:
Main Parcel 2627
Sub-parcel-1 205

14.34. The distribution of Wesley's votes to the other candidates may be seen in the Transfer Sheet No. 6 as below.
It may be seen that From the main parcel of Shri Wesley, 2420 votes were transferred and Shri Robinson got
1425 votes from this parcel and secured the quota as his total votes were 27,092. Thus after the transfer of
Main Parcel, the counting ended and the votes in sub-parcel-1 (205) were treated as loss of value. Result of
this transfer may be seen in Transfer Sheet-6. Final result was posted in the Result Sheet which may be seen
at the end of this narration.

72
73
74
 Counting Process fo Double Seat Constituency
(continued From Para 13.1 Above)
15.1 Candidate-wise distribution of valid votes:
There were 10 candidates and 10 Trays were arranged on the Table in opposite direction to the RO. Each
Tray was kept in charge of a CA. Seats were provided to the candidates and their agents in such a way that
they can closely watch the proceedings and keep an eye on the Trays.
Note: At no time the candidates or agents are allowed to handle any ballot paper.
Further Note: : Ensure that the Counting staff handling the ballot papers do not have or use any pen
during the counting. They should use only PENCILS.
15.2. To keep the tradition of transparency in the conduct of elections and counting, the RO briefed the
candidates and their agents that the valid votes will be distributed according to the 1st preference marked
to them and since TWO SEATS are to be filled, the value of each vote will be “100”(One Hundred).
15.3. One more point is if the number of votes is small (say 1.000 or less), to instill full confidence, the RO may
announce to whom the first preference is marked on each ballot paper. However, in the present case, the
RO opted to distribute the votes without announcement as there are 53765 votes and this will take time
and energy.
15.4. Valid votes were distributed according to 1st preference marked. After completing the distribution of
53,765 votes, the RO directed the C.As to check again and again, if necessary, to ensure that the 1st
preference was marked to that candidate only.
15.5. C.As thoroughly checked and counted the votes secured by each candidate, made bundles of 25 and kept
the bundles in each Tray with a slip on top indicating the total votes in the Tray.
15.6. The RO got the Number of votes of each candidate entered in the Status Report statement as follows:

STATUS REPORT OF EACH CANDIDATE AFTER THE ROUND 1

(To be kept with the R.O)
Seats to be Filled : TWO QUOTA = 17,92,167

STATUS AFTER ROUND No. 1

Name of candidate Total Value of Remarks
Votes (Elected /
Eliminated)
Mohd. Kaif 11,98,500
Krishna Rao 90,200
Koteswara Rao 90,200
Ramesh Naidu 24,600
Wesley 2,62,700
Sarat Babu 4,52,600
Robinson 24,12,200 Elected-1
Swarajyam 25,100
Lakshmi Kumari 12,600
Seetha Ramaiah 8,07,800
TOTAL : 53,76,500
(Cut out the names of the candidates elected / eliminated whenever a round of counting is complete)

75
CALCULATION OF QUOTA:

15.7. Quota is the number of minimum votes a candidate has to secure for getting elected.
The principle to calculate the quota is as follows:
Total value of valid votes
Quota =-------------------------------------- + 1
No. of seats to be filled +1
In the present case, the quota is calculated as follows:
a) Total Value of Valid Votes = 53,765 x 100 = 53,76,500
b) Seats to be filled = TWO
quota = 53,76,500
---------------------------------+ 1 = 17,92,166.67 + 1 = 17,92,166 + 1 = 17,92,167
2+1
15.8. In a double-member constituency elections, the seats to be filled are 2. Therefore, total valid votes are
divided by 3 (Seats to be filled = 2 + 1). If there is any fraction by this division, it is IGNORED. ( In the instant
case RO ignored .67)
15.9 Candidate with Quota Elected:
15.9.1. In the present case, the quota required for election was 17,92,167 votes. Shri Robinson secured a total
votes of 24,12,200 which was more than the quota fixed. There was no other candidate who secured the
quota in the first round. Therefore, the RO declared Shri Robinson as ELECTED-1. If another candidate also
got the quota, the counting would have come to a close after the first round since both the seats were
filled.
15.10. The above is a very handy statement to the RO. This will show the latest position to the RO. He should have
one special officer to constantly update this statement. After entering the votes of each candidate, they
were totaled. The RO is satisfied that every valid vote was accounted for. He asked the C.As to fill the
relevant column of the Account of Votes Received of each candidate as follows: (Given below is the Sheet of
candidate No. 1)

76
 Date: 12-10-2005

Name of the Council Constituency:

MALGUDI LOCAL AUTHORITIES' CONSTITUENCY
ACCOUNT OF VOTES RECEIVED
(This Statement should be kept by the side of the Tray of each candidate
and
should be filled in by the Counting Assistant during the counting)

Main Parcel / Name of the No. of Value of each Total Value

Sub-parcels candidate Ballot Papers Ballot Paper
from whom
transferred
1 2 3 4 5
Main Parcel Original votes 11,985 100 11,98,500
(Original Votes)
Sub-parcel (1)
Sub-parcel (2)
Sub-parcel (3)
Sub-parcel (4)
etc… …….
TOTAL:

15.11. After filling above statements in respect of each candidate, they were kept by the side of the relevant
Tray of the candidate. The main purpose of this statement is to keep a close watch on each
candidate's progress. For example, if during a round of counting and transfer of votes, if the
candidate is nearing the QUOTA for election, the CA should caution the RO as soon as the candidate
gets the required quota, so that the RO stops further counting.
15.12. The RO ordered that the original votes of each candidate shall be placed in separate Envelopes
known as main parcel. After keeping votes in the cover, the C.As write on the cover the particulars
of the candidate whose votes were kept inside. For example the Main Parcel of the first candidate
Shri Mohd. Kaif was as follows:

ELECTION TO THE LEGISLATIVE COUNCIL, 2007

Name of Constituency: Malgudi LOCAL AUTHORITIES'
Date: 12-10-2005
MAIN PARCEL (ORIGINAL VOTES)
Name of the Candidate: Shri Mohd. Kaif
No. of Ballot Papers 11,985 @ 100 (Value of each Ballot) = 11,98,500 (Total Value)
(Envelope size depending on the number of votes to be put)

77
NEXT ROUND / STEP:
15.13. In this kind of election (by means of Single Transferable Voting), there will be some surplus votes for a
candidate who gets the quota. SURPLUS means the votes secured by a candidate more than the QUOTA.
If there are still more vacancies to be filled, the RO has to DISTRIBUTE THE SURPLUS of the elected candidate
before taking any further step.
15.14. In the present case, Shri Robinson's surplus votes were 24,12,200 - 17,92,167 = 6,20,033. The next round of
counting was the distribution of surplus to remaining continuing candidates.
2 ND ROUND DISTRIBUTION OF SURPLUS OF ROBINSON
15.15.The R.O. got the Tray of Robinson removed from the Table. He got elected from the original votes.
Therefore, he had only Main Parcel with original votes. Since the candidate got elected by getting the
original votes, all the ballot papers (24,122) in the Main parcel have to be re-examined by the RO to
determine whether they are “EXHAUSTED” or “UNEXHAUSTED”. Exhausted ballot papers are those that
cannot be transferred to another candidate due to any of the following reasons:
15.16 Exhausted Ballot Papers are
l the papers on which only first preference is marked and no other preference given.
l Papers on which 2nd preference is NOT marked, even though there may be other preferences
l Papers on which 2nd preference is marked for more than one candidate
l Papers on which along with 2nd preference, another preference is also marked for the same candidate;
or
l Paper on which 2nd preference is marked in words like “Two”,etc.
15.17. On scrutiny, the RO found that out of total 24,122 ballot papers, 15,855 were EXHAUSTED and only 8,267
ballot papers were unexhausted and were to be transferred to others. No action was taken on these 15,855
Exhausted Papers and they were sealed back in the same envelope marked “Main Parcel” of the candidate
and on the cover it was written“EXHAUSTED PAPERS”.
15.18. The remaining 8267 ballot papers were distributed to the other candidates according to the 2nd
preference marked thereon. Note one important point. When the surplus of any candidate is distributed,
the value of the ballot papers MAY NOT BE THE SAME as original. A new value has to be calculated.
NEW VALUE OF SURPLUS VOTES
15.19. The principle to calculate the new value of surplus votes is to divide the total surplus by the number of
UNEXHAUSTED ballot papers actually distributed. In the case of Robinson, the new value was calculated as
follows:
Total Surplus 6,20,033
Unexhausted Ballots = 8267
The new value of 8267 = 6,20,033
---------- = 75.01 (Ignore .01) New Value = 75
8267
Now the new value was 75 for the 8267 ballots distributed. Here kindly note one important point: : While
calculating the new value, the number of UNEXHAUSTED papers may be so low, that the NEW VALUE may

78
 come more than 100. In such cases, the value will be RESTRICTED to only 100 and the rest goes to “Loss of
Value”.
15.20. The distribution of the surplus of Shri Robinson was posted in TRANSFER SHEET No. 1 (Surplus Transfer) as
follows:

ELECTION TO THE ANDHRA PRADESH LEGISLATIVE COUNCIL

Date: __ _ _ _ _ _ _
TRANSFER SHEET NO. 1
[ To be used at elections where MORE THAN ONE SEAT is to be filled)
Name of the Council Constituency: MALGUDI LOCAL AUTHORITIES'
(To be used for distribution of surplus votes of elected candidate)

Transfer of Surplus votes of SHRI ROBINSON (Name of elected candidate)

Sl.No. Name of Item Data

I. (a) Total Value of Votes 24,12,200
(b) Quota 17,92,167
(c) Value of surplus votes (a-b) 6,20,033
II (a) Total No. of ballot papers in the main parcel / last sub-parcel
to be further transferred 24,122
(b) Value of each such ballot paper in that parcel / sub-parcel : 100
(c) No. of exhausted ballot papers 15,855
(d) No. of unexhausted ballot papers actually transferred
to other continuing candidates (a - c) 8267
(e) New transfer value of each such transferred ballot paper
[i.e. I(c) / II(d)] 75
(f) Total value of transferred ballot papers [ II(d) x II(e) 6,20,025
(g) Loss of value due to neglect of fraction / exhausted
ballot papers [ I(c) - II(f)] 8

III.Distribution of votes among continuing candidates:

Name of Candidate Ballot Papers (Votes) Total value
Obtained x Value
Mohd. Kaif 7569 x 75 567675
Sarat Babu 639 x 75 47925
Seetha Ramaiah 59 x 75 4425

Loss of value due to neglect of fraction / 8

exhausted ballot papers
TOTAL : 620033

79
15.21. After dealing with the surplus of Shri Robinson, the result as shown in Transfer Sheet No. 1 was posted in the
RESULT SHEET. None of the remaining 9 candidates secured the quota to fill the second seat. The next
step was “elimination” or Exclusion of a candidate with the lowest number of votes from contest and
distribution of his votes to the remaining continuing candidates.

STATUS AFTER ROUND No.2

Name of candidate Total Value of Remarks (Elected /
Votes Eliminated)
Mohd. Kaif 17,66,175
Krishna Rao 90,200
Koteswara Rao 90,200
Ramesh Naidu 24,600
Wesley 2,62,700
Sarat Babu 500,525
Robinson 17,92,167 Elected-1
Swarajyam 25,100
Lakshmi Kumari 12,600 Eliminated-1
Seetha Ramaiah 8,12,225
Loss due to fraction
8
/exhausted votes
Total 53,76,500

15.22. RO found that Lakshmi Kumari (LK) with 12,600 votes was the lowest and she was eliminated. RO got her
Tray removed from the Table and examined her votes for further distribution. Here make a note that when
a candidate is eliminated, his votes are distributed at the same value at which he received them.

15.23. She had only Main Parcel with 126 ballot papers and each paper was of the value of 100. The votes were to
be distributed as per 2nd preference marked thereon. If the 2nd preference is marked to an ALREADY
ELECTED OR ELIMINATED CANDIDATE, then the RO should credit that vote to the 3rd preference and so on.

15.24. Out of 126 ballots, 83 ballots did not have any valid 2nd preference marked. Therefore, the RO declared
them as “EXHAUSTED” votes and sealed them back in the Main Parcel with an endorsement on the cover.
The remaining 43 papers of 100 value each were distributed to the continuing candidates as in the
Transfer Sheet No. 2:

80
 TRANSFER SHEET NO. 2
Name of the Council Constituency: MALGUDI LOCAL AUTHORITIES'
(To be used for distribution of VOTES of EXCLUDED candidate)
Transfer of votes of EXCLUDED candidate(NAME) LAKSHMI KUMARI
TOTAL VALUE OF VOTES: 12,600

Sl. SUB – PARCELS NUMBERS

No. Name of Item MAIN
PARCEL 1 2 3 4 5 6 7 TOTAL
No. of Ballot Papers to be
1 126 126
Transferred
2 Value of each ballot paper 100
Value of votes to be
3 12600 12600
transferred
No. of ballot papers actually
4 43 43
transferred
5 Value of transferred votes 4300 4300
No. of exhausted ballot
6 83 83
papers
Value of Exhausted ballot
7 8300 8300
papers

Distribution of votes among continuing candidates

VALUE OF VOTES OBTAINED BY TRANSFER OF BALLOT PAPERS FROM

Name of Sub – Parcels Numbers
CONTINUING Main
Candidate Parcel 1 2 3 4 5 6 7 TOTAL
Mohd. Kaif 1,200 1,200
Koteswara Rao 1,400 1,400
Ramesh Naidu 500 500
Seetha Ramaiah 1,200 1,200
TOTAL 4,300 4,300
15.25. The RO got the result of 3rd round posted in the Result sheet. He reviewed the position of the remaining
8 candidates after 3rd round:

81
 STATUS AFTER ROUND No. 3
Remarks
Name of candidate Total Value of (Elected/
Votes Eliminated)
Mohd. Kaif 17,67,375
Krishna Rao 90,200
Koteswara Rao 91,600
Ramesh Naidu 25,100
Wesley 2,62,700
Sarat Babu 5,00,525
Robinson 17,92,167 Elected-1
Swarajyam 25,100
Lakshmi Kumari 0 Eliminated-1
Seetha Ramaiah 8,13,425
Loss due to 8309
fraction/exhausted votes
TOTAL 53,76,500

15.26. After 3rd round also, the second seat remained unfilled. The RO announced that another candidate with
the lowest number of votes would be eliminated. He observed that Shri Ramesh Naidu (RN) and Smt.
Swarajyam had equal number of lowest votes of 25,100 each. It was not necessary to draw any lots in this
case, because even though in the 3rd round also, both of them had equal votes, in the 2nd round, Smt.
Rajyam had more votes than RN. Therefore, the RO decided to eliminate Shri RN and distribute his votes.

82
4TH ROUND ELIMINATION OF SHRI RAMESH NAIDU (RN)
15.27. Shri RN got total 25,100 votes. He had a Main Parcel of 24,600 votes and a sub-parcel-1 with 500 votes.
15.28. The RO first examined the 246 votes in the Main parcel. 129 ballots were found to be “EXHAUSTED” and
only 117 were distributed at the value of 100 each. The sub-parcel had 5 votes and all the 5 were exhausted.
The distribution was posted in Transfer Sheet No. 3:
TRANSFER SHEET NO. 3
Name of the Council Constituency: MALGUDI LOCAL AUTHORITIES'
(To be used for distribution of VOTES of EXCLUDED candidate)
Transfer of votes of EXCLUDED candidate(NAME) RAMESH NAIDU

TOTAL VALUE OF VOTES : 25,100

SUB – PARCELS NUMBERS
Sl. MAIN
No.
Name of Item PARCEL
1 2 3 4 5 6 7 TOTAL
No. of Ballot Papers to be
1 246 5 251
Transferred
2 Value of each ballot paper 100 100
Value of votes to be 25,100
3 24600 500
transferred
No. of ballot papers 117
4 117 0
actually transferred
5 Value of transferred votes 11700 0 11700
No. of exhausted ballot
6 129 5 134
papers
Value of Exhausted ballot
7 12900 500 13400
papers
15.29. The RO had the situation reviewed after the result of the 4th Round was posted in the Result sheet.
He reviewed the Status Report as follows:
STATUS AFTER ROUND No. 4
QUOTA FOR ELECTION: 17,92,167
Remarks
Name of candidate Total Value of (Elected /
Votes Eliminated)
Mohd. Kaif 17,69,775
Krishna Rao 90,500
Koteswara Rao 92,000
Ramesh Naidu 0 Eliminated-2
Wesley 2,62,700
Sarat Babu 5,00,525
Robinson 17,92,167 Elected-1
Swarajyam 33,700
Lakshmi Kumari 0 Eliminated-1
Seetha Ramaiah 8,13,425
Loss due to fraction/ 21,708
exhausted votes
Total 53,76,500

83
5TH ROUND - ELIMINATION OF SMT. SWARAJYAM
15.30. She had a total of 33,700 votes. Details of her parcels were :
Main Parcel 25100
Sub-parcel-1 8600
15.31. On scrutiny of the 251 ballot papers in the main parcel, the RO found that all 251 were UNEXHAUSTED and
on each of these papers, 2nd preference was marked to Shri Mohd. Kaif. He credited the 251 papers at the
value of 100 each to Shri Mohd. Kaif. After the completion of the distribution of the Main parcel of Smt.
Swarajyam, the Counting Assistant attending to Shri Mohd. Kaif's Tray informed the RO that the candidate
(Shri Mohd. Kaif ) got the quota. The RO stopped the counting after dealing with the Main Parcel and did
not open the Sub-Parcel-1 with 86 votes, since the last seat was also filled up. The result of this final round
was as follows:
TRANSFER SHEET NO. 4

Name of the Council Constituency: MALGUDI LOCAL AUTHORITIES'

(To be used for distribution of VOTES of EXCLUDED candidate)
Transfer of votes of EXCLUDED candidate(NAME) SWARAJYAM
TOTAL VALUE OF VOTES: 33,700

SUB – PARCELS NUMBERS

Sl. MAIN
Name of Item
No. PARCEL
1 2 3 4 5 6 7 TOTAL
No. of Ballot Papers to be 33700
1 251 86
Transferred
2 Value of each ballot paper 100 100
Value of votes to be
3 25100 8600 33700
transferred
No. of ballot papers actually
4 251 Counting came to an end 251
transferred
5 Value of transferred votes 25100 0 25100
No. of exhausted ballot
6 0 86 86
papers
Value of Exhausted ballot
7 0 8600 8600
papers

Distribution of votes among continuing candidates:

VALUE OF VOTES OBTAINED BY TRANSFER OF BALLOT PAPERS FROM

Name of
CONTINUING Main Sub – Parcels Numbers
Candidate Parcel
1 2 3 4 5 6 7 TOTAL
Mohd. Kaif 25100 0 25100
Krishna Rao 0 0
Koteswara Rao 0 0
TOTAL 25100 0 25100

84
 STATUS AFTER ROUND No. 5 (Final Round)
QUOTA FOR ELECTION: 17,92,167
Name of candidate Total Value of Remarks
Votes (Elected /
Eliminated)
Mohd. Kaif 17,94,875 Elected-2
Krishna Rao 90,500
Koteswara Rao 92,000
Ramesh Naidu 0 Eliminated-2
Wesley 2,62,700
Sarat Babu 5,00,525
Robinson 17,92,167 Elected-1
Swarajyam 0 Eliminated-3
Lakshmi Kumari 0 Eliminated-1
Seetha Ramaiah 8,13,425
Loss due to fraction/ 30,308
exhausted votes
Total 53,76,500

15.32. THE RO ANNOUNCED THE RESULT AND INFORMED THAT SINCE THE SECOND SEAT WAS ALSO FILLED-UP,
THE COUNTING CAME TO AN END. He thanked all for their co-operation for the smooth conduct of
counting. The result of the final round of counting was posted in the RESULT SHEET below and the RO filled
the names of the two elected candidates and their party affiliation in the result sheet.
15.33. The RO also initialed each of the Transfer Sheets and the Result Sheet and they were pinned together for
safe custody. Both the elected candidates were awarded certificates of election duly signed and stamped
by the RO.
15.34. After every round the R.O. obtained signatures of the all the contesting candidates / agents in both of the
transfer sheet as well as result sheet in token of agreement as to the correctness of the counting in the
result sheet / transfer sheet.

85
86
ELECTION TO FILL TWO SEATS - COUNTING RESULT

Seats to be filled 2 (Two) QUOTA = 53,76,500 / (2+1) + 1 = 17,92,166 + 1 = 17,92,167

Total Votes polled 55,000
Invalid votes 1,235
Valid Votes 53,765

Value of each Vote 100

Total Valid of valid votes 53765 x 100 = 53,76,500

2nd Round - Result of 2nd 3rd Round - Result of 3rd 4th Round - Result of 4th 5th Round - Result of REMARKS
Name of (Initial Count) Distribution of Round Elimination of Round Elimination of Round Elimination 5th Round
Candidate 1st Round Surplus of Lakshmi Ramesh Naidu of Swarajyam
Robinson Kumari

Mohd. Kaif 1,198,500 567,675 17,66,175 1,200 17,67,375 2400 17,69,775 25100 17,94,875 ELECTED-2

Krishna Rao 90,200 90,200 0 90,200 300 90,500 90,500

Koteswara Rao 90,200 90,200 1,400 91,600 400 92,000 92,000

Ramesh Naidu 24,600 24,600 500 25,100 (-) 25100 0 0 Eliminated-2

Wesley 262,700 2,62,700 0 2,62,700 2,62,700 2,62,700

Sarat Babu 452,600 47,925 5,00,525 0 5,00,525 5,00,525 5,00,525

Robinson 2,412,200 (-) 6,20,033 17,92,167 0 17,92,167 0 17,92,167 17,92,167 ELECTED-1

Swarajyam 25,100 25,100 0 25,100 8600 33,700 (-) 33700 0 Eliminated-3
Lakshmi Kumari 12,600 12,600 (-) 12600 0 0 0 Eliminated-1
Seetha Ramaiah 807,800 4,425 8,12,225 1,200 8,13,425 8,13,425 8,13,425

Non-
Transferable 0 15855 83 134 86
Papers
Loss due to
fraction /
8 8 8300 8,308 13400 21,708 8600 30,308
exhausted
votes
TOTAL: 5,376,500 53,76,500 53,76,500 53,76,500 53,76,500
 Appendix-1
GOVERNMENT OF INDIA
Ministry of Law and Justice (Legislative Department)
New Delhi, the 26th September, 2006 Asvina 4, 1928 Saka

NOTIFICATION
S.O. :The following Order made by the President is published for general information:-
THE DELIMITATION OF COUNCIL CONSTITUENCIES (ANDHRA PRADESH) ORDER,2006
In pursuance of sub-section (3) of section 3 of the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006),
the President is pleased to make the following Order, namely:-
1. This Order may be called the Delimitation of Council Constituencies (Andhra Pradesh) Order, 2006.
2. The constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to
the Legislative Council of the State from (a) the graduates' constituencies, (b) the teachers' constituencies,
and (c) the local authorities' constituencies in the said State, the extent of each such constituency and the
number of seats allotted to each such constituency shall be as shown in the following Table:-

Local Authorities Constituencies

Name of the Constituency Extent of the Number of
Constituency Seats
1 2 3
Srikakulam Local Authorities Srikakulam 1
Vizianagaram Local Authorities Vizianagaram 1
Visakhapatnam Local Authorities Visakhapatnam 2
East Godavari Local Authorities East Godavari 2
West Godavari Local Authorities West Godavari 2
Krishna Local Authorities Krishna 2
Guntur Local Authorities Guntur 2
Prakasam Local Authorities Prakasam 1
Nellore Local Authorities Nellore 1
Chittoor Local Authorities Chittoor 2
Kadapa Local Authorities Kadapa 1
Anantapur Local Authorities Anantapur 2
Kurnool Local Authorities Kurnool 1
Mahbubnagar Local Authorities Mahbubnagar 1
Ranga Reddy Local Authorities Ranga Reddy 1
Hyderabad Local Authorities Hyderabad 2
Medak Local Authorities Medak 1
Nizamabad Local Authorities Nizamabad 1
Adilabad Local Authorities Adilabad 1
Karimnagar Local Authorities Karimnagar 1
Warangal Local Authorities Warangal 1
Khammam Local Authorities Khammam 1
Nalgonda Local Authorities Nalgonda 1

87
 Graduates’ Constituencies
Name of the Constituency Extent of the Number of
Constituency Seats
1 2 3
Srikakulam-Vizianagaram- Srikakulam, Vizianagaram-
Visakhapatnam Graduates Visakhapatnam 1
East-West Godvari Graduates East Godavari,West Godvari 1
Krishna-Guntur Graduates Krishna, Guntur 1
Prakasam-Nellore-Chittoor Graduates Prakasam, Nellore, Chittoor 1
Kadapa-Anantapur-Kurnool Graduates Kadapa, Anantapur, Kurnool 1
Mahabubnagar-Ranga Reddy- Mahabubnagar, Ranga Reddy,
Hyderabad Graduates Hyderabad 1
Medak-Nizamabad-Adilabad- Medak, Nizamabad, Adilabad,
Karimnagar Graduates Karimnagar 1
Warangal, Khammam, Nalgonda Graduates Warangal, Khammam, Nalgonda 1

Teachers’ Constituencies
Name of the Constituency Extent of the Number of
Constituency Seats
1 2 3
Srikakulam-Vizianagaram- Srikakulam, Vizianagaram,
Visakhapatnam Teachers Visakhapatnam 1
East-West Godvari Teachers East Godavari, West Godvari 1
Krishna-Guntur Teachers Krishna, Guntur 1
Prakasam-Nellore-Chittoor Teachers Prakasam, Nellore, Chittoor 1
Kadapa-Anantapur-Kurnool Teachers Kadapa, Anantapur, Kurnool 1
Mahabubnagar-Ranga Reddy- Hyderabad Teachers Mahabubnagar, Ranga Reddy, Hyderabad 1
Medak-Nizamabad-Adilabad-Karimnagar Teachers Medak, Nizamabad, Adilabad, Karimnagar 1
Warangal, Khammam, Nalgonda Teachers Warangal, Khammam, Nalgonda 1

3. Any reference in this order to a district shall be construed as a reference to the area comprised within that
district on the 1st day of August, 2006.
A.P.J.ABDUL KALAM,
President
[No.H.11019(7)/2004-Leg.II]

(K.N. CHATURVEDI)
SECRETARY TO GOVERNMENT OF INDIA

88
 APPENDIX 2
FORM OF OATH OR AFFIRMATION
[Article 173 (a) of the constitution of India]
(To be made by a candidate for election to the Legislature of a State)

I …………………………………… having been nominated as a candidate to fill a seat in the Andhra Pradesh
Legislative Council do swear in the name of the God
Solemnly affirm
that I will bear true faith and allegiance to the constitution of India as by law established and that I will uphold
the sovereignty and integrity of India.
(Signature and name in block letters
of the candidate)
Sworn in the name of God/Solemnly affirmed by Shri/Shrimati ..................................... at .........................................................
(Place) at ......................................(hour) this the...........................……… day of ........................2007 .......................................
before me.

(Signature of authorised person)

(Name, Designation and Seal)
------------------------------------------------------------------------------------------------------------------------------------------
(Certificate for receipt of Oath)
(To be handed over to the candidate by the authorised person)
Certified that ..........................................................., (name) a candidate for election to the Andhra Pradesh Legislative
Council has made and subscribed the oath / affirmation as required by the Constitution of India before me at my
office at …...............(hour) on ...................., 2007 (date).

(Signature of authorised person)

Date .............................. Name, Designation and Seal.
N.B:This Form should be supplied to the candidates both in English and in Telugu, the Official Language of the State
of Andhra Pradesh.

89
 APPENDIX 3

ELECTION COMMISSION OF INDIA

Dated the 18th March 1968
Notification
No. 3/6/68 (1). - In pursuance of clause (a) of Article 84 and clause (a) of Article 84 and clause (a) of Article 173 of the
Constitution of India and in supersession of its Notification No. 3/3/666 dated the 25th April 1967 The Election
Commission hereby authorises (i) the Returning Officer concerned and all the Assistant Returning Officers
subordinate to him (ii) all stipendiary Presidency Magistrates and all stipendiary Magistrates of the first class and
(iii) all District Judges and all persons belonging to the judicial service of a State other than District Judges as the
persons before any one of whom a person having been nominated as a candidate (hereinafter referred to as the
candidate) for election to fill a seat in the Council of States or in the House of the People or in the Legislative
Assembly of a State (other than Jammu and Kashmir) or in the Legislative Council of a State (other than Jammu and
Kashmir) having a Legislative Council shall make and subscribe the oath of affirmation in the form set out for the
purpose in the Third Schedule to the said Constitution.
2. Notwithstanding anything contained in Paragraph 1 in pursuance of clause (a) of the said Article 84 and
clause (a) of the said Article 173 the Election Commission hereby also authorises as the person before
whom the candidate may make and subscribe the said oath or affirmation.
(a) where the candidate is confined in a prison, the superintendent of the prison
(b) where the candidate is under preventive detention, the commandant of the detention camp.
(c) where the candidate is confined to bed in a hospital or elsewhere owing to illness or any other cause the
Medical superintendent in charge of the hospital or the medical practitioner attending on him
(d) where the candidate is out of India, the diplomatic or consular representative of India in the country where
the candidate happens to be or any person authorised by such diplomatic or consular representative.
(Castes e) where the candidate is for any other reason unable to appear or prevented from appearing before the
Returning Officer concerned or any Assistant Returning Officer as aforesaid any other person nominated by the
Election Commission on applications made to it in this behalf.
Explanation. - In this notification
(1)the expression“the Returning Officer concerned” means
(a) where a person has been nominated as a candidate for election to fill a seat in the House of the People from
a parliamentary constituency or a seat in the Legislative Assembly of a State from an assembly constituency
or a seat in the Legislative Council of a State from a council constituency the Returning Officer for that
constituency.
(b) where a person has been nominated as a candidate for election to fill a seat in the Council of State by the
elected members of the legislative Assembly of a State the Returning Officer for that election.
(c) where a person has been nominated as a candidate for election to fill a seat in the Legislative Council of a
State by the members of the Legislative Assembly of a State the Returning Officer for that election;

(1A) The expression“District Judge”and“Judicial service”shall have the

meanings respectively assigned to them in Article 236 of the Constitution of India.
(2) The expression“Parliamentary Constituency”,“Assembly Constituency” and “Council constituency” shall have
the meanings respectively assigned to them in the Representation of the People Act, 1950 (43 of 1950).
By Order
Secretary to the
Election Commission of India

90
 APPENDIX 4A
FORM 2D
(SEE RULE 4)
NOMINATION PAPERS

Election to the Legislative Council of Andhra Pradesh by the Members of the Legislative Assembly.
Part I
We hereby nominate as a candidate for the above election -
Candidate's name..........................................................………….. father's / mother's /
husband's name.............................................…..
His postal address .........................…………...............................………
………………………………………………………………………………..
His name is entered at Sl. No...............................in part no............................of the electoral roll for the
.....................………………………… assembly constituency.
We declare that we are members of Legislative Assembly of Andhra Pradesh and our names are entered as
indicated below in the list maintained under section 152 and we append our signatures below in token of
subscribing to this nomination:-
Particulars of the proposers and their signatures

Sl. No. Sl.No. as indicated in the list Full Name Signature Date
maintained under sec. 152

1 2 3 4 5

1
2
3
4
5
6
7
8
9
10*
------------------------------------------------------------------------------------------------------------------------------------------
There should be ten percent of the members of the Legislative Assembly or ten members concerned,
whichever is less, as proposers..

91
I, the above-mentioned candidate, assent to this nomination and hereby declare-
(a) that I have completed..............................................years of age;
(b) that I am set up at this election by the...........................................party,
( c) that my name and my father's/mother's/husband's name have been correctly spelt out above
in............................... (name of the language); and
(d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill
the seat in the Legislative Council of Andhra Pradesh by the members of the Legislative Assembly..
Date....................... (Signature of candidate)

PART II
(To be filled by the candidate)
Whether the Candidate
(i) has been convicted
(a)of any offence(s) under sub-section (1); or YES/NO
(b)for contravention of any law specified in sub-section (2), of section 8 of the Representation of the
People Act, 1951 (43 of 1951); or
(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years
or more.
If the answer is“Yes”,the candidate shall furnish the following information:
(i) Case/First information report No./Nos. …………………………………………..
(ii) Police station (s) …………..District(s) ………………State(s) ………………..
(iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted
……………………………………………………….
(iv) Date(s) of conviction(s)…………………………………………………………….
(v) Court(s) which convicted the candidate ……………………………………………
(vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantum of fine(s)]
………………………………………..........................................................................
(vii) Date(s) of release from prison………………………………………………………
(viii) Was/were any appeal(s)/revision(s) filed against above onviction(s)…Yes/No
(ix) Date and particulars of appeal(s)/application(s) for revision filed …………….
(x) Name of the court(s) before which the appeal(s) /application (s) for revision filed
…………………………………………………………………
(xi) Whether the said appeal(s) / application (s) for revision has/have been disposed of or is/are pending
…………………………………………………
(xii) If the said appeal(s)/application(s) for revision has/have been disposed of -
(a)Date(s) of disposal ………………………..
(b)Nature of order(s) passed …………………
Place :…………………..
Date :…………………. (Signature of the candidate)

92
 PART III
(To be filled by the Returning Officer)
Serial No. of nomination paper......................................................................
This nomination was delivered to me at my office at.............................(hour) on........................(date) by the
candidate/proposer …………………..(Name)
Date....................... .
Returning Officer

PART I V
Decision of Returning Officer accepting or rejecting the Nomination Paper
I have examined this nomination paper in accordance with section 36 of the Representation of the People Act,
1951 and decide as follows:-

Date.................................
Returning Officer
................................................................................ (Perforation).............................................................

PART V
Receipt For Nomination Paper And Notice Of Scrutiny
(To be handed over to the person presenting the Nomination Paper)
Serial No. of nomination paper.......................................................................................................
The nomination paper of..................................………………a candidate for election to the Legislative Council of
Andhra Pradesh by the Members of the Legislative Assembly was delivered to me at my office at
.............................(hour) on............................ (date) by the candidate/proposer …………………….(Name). All
nomination papers will be taken up for scrutiny at................................... (hour) on ......................................(date) at
..................................(Place.)

Date.................................
Returning Officer
Note- Wherever alternative is provided score out the word(s) not applicable.

93
 APPENDIX 4B
FORM 2E
(SEE RULE 4)
NOMINATION PAPERS

Election to the Legislative Council of Andhra Pradesh from a Council Constituency………………………………..

Part I
We hereby nominate as a candidate for election to the Legislative Council of Andhra Pradesh (State) from
the constituency.
Candidate's name..........................................................………….. father's / mother's /
husband's name.............................................…..
His postal address .........................…………...............................……… .……………………………..
His name is entered at Sl. No...............................in part No............................of the
electoral roll for the .....................………………………… assembly constituency.
We declare that we are electors and our names are entered in the electoral for ……………………Council)
Constituency as indicated below and we append our signatures below in token of subscribing to this nomination:-
Particulars of the proposers and their signatures

Sl. No. Electoral Roll No. of Proposer Full Name Signature Date

Part No. of Sl.No. in

electoral roll that part
constituency _____ ___

1 2 3 4 5

1
2
3
4
5
6
7
8
9
10*
------------------------------------------------------------------------------------------------------------------------------------------
There should be ten percent of the members of the Legislative Assembly or ten members concerned,
whichever is less, as proposers..

94
I, the above-mentioned candidate, assent to this nomination and hereby declare-
(a) that I have completed..............................................years of age;
(b) that I am set up at this election by the...........................................party,
( c) that my name and my father's/mother's/husband's name have been correctly spelt out above
in............................... (name of the language); and
(d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill
the seat in the Legislative Council of Andhra Pradesh from ………………………………….Council
Constituency.
I also declare that I have not been and shall not be, nominated as a candidate at the present biennial
election to the Legislative Council of Andhra Pradesh from more than two Council constituencies in the State.
Date....................... (Signature of candidate)

PART II
(To be filled by the candidate)
Whether the Candidate
(i) has been convicted
(a) of any offence(s) under sub-section (1); or YES/NO
(b) for contravention of any law specified in sub- section (2), of section 8 of the Representation of the People Act,
1951 (43 of 1951); or
(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years
or more. If the answer is“Yes”,the candidate shall furnish the following information:
(i) Case/First information report No./Nos. …………………………………………..
(ii) Police station (s) …………..District(s) ………………State(s) ………………..
(iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted
……………………………………………………….
(iv) Date(s) of conviction(s)…………………………………………………………….
(v) Court(s) which convicted the candidate ……………………………………………
(vi) Pu n i s h m e n t ( s ) i m p o s e d [ i n d i c a t e p e r i o d o f i m p r i s o n m e n t ( s ) a n d / o r q u a n t u m o f
fine(s)]………………………………………………………………………………
(vii) Date(s) of release from prison………………………………………………………
(viii) Was/were any appeal(s)/revision(s) filed against above on viction(s)…Yes/No
(ix) Date and particulars of appeal(s)/application(s) for revision filed …………….
(x) Name of the court(s) before which the appeal(s) /application (s) for revision filed
…………………………………………………………………
(xi) Whether the said appeal(s) / application (s) for revision has/have been disposed of or is/are pending
…………………………………………………
(xii) If the said appeal(s)/application(s) for revision has/have been disposed of -
(a)Date(s) of disposal ………………………..
(b)Nature of order(s) passed …………………
Place :…………………..
Date :………………….. (Signature of the candidate)

95
 PART III
(To be filled by the Returning Officer)
Serial No. of nomination paper......................................................................
This nomination was delivered to me at my office at.............................(hour) on........................(date) by the
candidate/proposer …………………..(Name)
Date.....................
Returning Officer

PART I V
Decision of Returning Officer accepting or rejecting the Nomination Paper
I have examined this nomination paper in accordance with section 36 of the Representation of the People Act,
1951 and decide as follows:-
Date.......................................
Returning Officer
...................................................................... (Perforation).......................................................................

PART V
Receipt For Nomination Paper And Notice Of Scrutiny
(To be handed over to the person presenting the Nomination Paper)
Serial No. of nomination paper....................................................................................
The nomination paper of..................................………………a candidate for election to the Legislative Council of
Andhra Pradesh from the ……………………………. (Graduates' / Teachers' / Local Authorities') Constituency was
delivered to me at my office at .............................(hour) on............................ (date) by the candidate/proposer
…………………….(Name). All nomination papers will be taken up for scrutiny at................................... (hour) on
......................................(date) at ..................................(Place.)
Date .................................
Returning Officer
Note- Wherever alternative is provided score out the word(s) not applicable.

96
 APPENDIX 4C
FORM 26
(SEE RULE 4A)

Affidavit to be furnished by the candidate before the returning officer for election to the Andhra Pradesh Legislative
Council (name of the House)
from .............................................................Constituency (name of the constituency)
I, ........................................................, son/daughter/wife of ............................... aged about....... years, resident of
......................................................................................
candidate at the above election, do hereby solemnly affirm/state on oath as under:-
1. I am/am not accused of any offence(s) punishable with imprisonment for two years or more in a pending case(s)
in which a charge(s) has/have been framed by the court(s) of competent jurisdiction.
If the deponent is accused of any such offence(s) he shall furnish the following information:
(i) Case/First information report No./Nos.............................................................
(ii) Police station(s)............................................................. District(s) ................................... State(s) ............................
(iii) Section(s) of the concerned Act(s) and short description of the offence(s) for which the candidate has been
charged ........................................................
(iv) Court(s) which framed the charge(s) ..............................................................
(v) Date(s) on which the charge(s) .........................................................................
(vi) Whether all or any of the proceeding(s) have been stayed by any court(s) of
competent jurisdiction ..............................................................................
2. I have been/have not been convicted of an offence(s) [other than any offences] referred to in sub-section(1) or
sub-section(2), or covered in sub-section(3), of section 8 of the Representation of the People Act, 1951 (43 of
1951)) and sentenced to imprisonment for one year or more.
If the deponent is convicted and punished as aforesaid, he shall furnish the following information:
(i) Case/First information report No./Nos..............................................................
(ii) Count(s) which punished .................................................................................
(iii) Police station(s) ......................................... District(s) ............................ State(s) ............................
(iv) Section(s) of the concerned Act(s) and short description of the offence(s) for which the candidate has been
charged......................................................
(vi) Date(s) on which the sentence(s) was/were pronounced ...........................
(vii) Whether the sentence(s) has/have been stayed by any court(s) of competent
jurisdiction …………………............................................................
Place ....................................
Date ..................................... Signature of Deponent
VERIFICATION
I, the above-named deponent, do hereby verify and declare that the contents of this affidavit are true and correct
to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therein.

Verified at ......................................... this ..................... day of .........................., 200............

Signature of deponent
Note:The columns in this Form which are not applicable to the deponent may be struck off.

97
 APPENDIX 5A
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI 110 001
No.3/ER/2003/JS-II Dated the 27th March 2003

ORDER
1. Whereas, the superintendence, direction and control, inter alia, of all elections to Parliament and to the
Legislature of every State are vested in the Election Commission by Article 324 (1) of the Constitution of
India;
2. And whereas, the Hon'ble Supreme Court of India had, by its order dated 2nd May, 2002, in Civil Appeal No.
7178 of 2001 - Union of India Vs Association for Democratic Reforms and another, held as follows: - “(1) The
jurisdiction of the Election Commission is wide enough to include all powers necessary for smooth
conduct of elections and the word 'elections' is used in a wide sense to include the entire process of
election which consists of several stages and embraces many steps.
(2) The limitation on plenary character of power is when the Parliament or state legislature has made a valid
law relating to or in connection with elections, the Commission is required to act in conformity with the said
provisions. In case where law is silent, art 324 is a reservoir of power to act for the avowed purpose of having
free and fair election. Constitution has taken care of leaving scope for exercise of residuary power by the
Commission in its own right as a creature of the Constitution in the infinite variety of situations that may
emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipated
by the enacted laws or the rules. By issuing necessary directions Commission can fill the vacuum till there is
legislation on the subject. In Kanhiya Lal Omar's case (AIR 1986 SC 111), the court construed the expressions
'superintendence, direction and control' in art 324(1) and held that a direction may mean an order issued to
a particular individual or a precept which may have to follow and it may be a specific or a general order and
such phrase should be construed liberally empowering the Election Commission to issue such orders.
(3) The word 'elections' includes the entire process of election which consists of several stages and it embraces
many steps, some of which have an important bearing on the process of choosing a candidate. Fair election
contemplates disclosure by the candidate of his past including the assets held by him so as to give a proper
choice to the candidate (sic) (elector) according to his thinking and opinion. As stated earlier, in Common
Cause case [(1996) 2 SCC 752], the court dealt with a contention that elections in the country are fought
with the help of money power which is gathered from black sources and once elected to power, it becomes
easy to collect tons of black money, which is used for retaining power and for re-election. If on affidavit a
candidate is required to disclose the assets held by him at the time of election, voter can decide whether he
could be re-elected even in case where he has collected tons of money.
XXX XXX
(4) To maintain the purity of elections and in particular to bring transparency in the process of election, the
Commission can ask the candidates about the expenditure incurred by the political parties and this
transparency in the process of election would include transparency of a candidate who seeks election or
re-election. In a democracy, the electoral process has a strategic role. The little man of this country would
have basic elementary right to know full particulars of a candidate who is to represent him in Parliament
where laws to bind his liberty and property may be enacted.
(5) The right to get information in democracy is recognized all throughout and it is natural right flowing from
the concept of democracy. At this stage, we would refer to art 19(1) and (2) of the International Covenant of
Civil and Political Rights which is as under:-
(1) Everyone shall have the right to hold opinions without interference.
(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and

98
 impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
(6) Cumulative reading of plethora of decisions of this court as referred to, it is clear that if the field meant for
legislature and executive is left unoccupied detrimental to the public interest, this court would have ample
jurisdiction under art 32 read with arts 141 and 142 of the Constitution to issue necessary directions to the
executive to subserve public interest.
(7) Under our Constitution, Art 19(1)(a) provides for freedom of speech and expression.
Voters' speech or expression in case of election would include casting of votes that is to say, voter speaks
out or expresses by casting vote. For this purpose, information about the candidate to be selected is must.
Voter's (little man-citizen's) right to know antecedents including criminal past of his candidate contesting
election for MP or MLA is much more fundamental and basic for survival of democracy. The little man may
think over before making his choice of electing law breakers as law makers.”;
3. And whereas, the Hon'ble Supreme Court, by its aforesaid order dated 2nd May, 2002, had directed as
follows: - “The Election Commission is directed to call for information on affidavit by issuing necessary
order in exercise of its power under art 324 of the Constitution of India from each candidate seeking
election to Parliament or a state legislature as a necessary part of his nomination paper, furnishing therein,
information on the following aspects in relation to his/her candidature:-
(1) Whether the candidate is convicted/acquitted/ discharged of any criminal offence in the past-if any,
whether he is punished with imprisonment or fine?
(2) Prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any
offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance
is taken by the court of law. If so, the details thereof.
(3) The assets (immovable, movable, bank balances etc) of a candidate and of his/her spouse and that of
dependants.
(4) Liabilities, if any, particularly whether there are any over dues of any public financial institution or
government dues.
(5) The educational qualifications of the candidate.”
4. And whereas, the Hon'ble Supreme Court, in its aforesaid order dated 2nd May, 2002, further observed that
'the Election Commission has from time to time issued instructions in order to meet with the situation
where the field is unoccupied by the legislation' and had further directed that 'the norms and modalities to
carry out and give effect to the aforesaid directions should be drawn up properly by the Election
Commission as early as possible and in any case within two months';
5. And whereas, the Election Commission had, in pursuance of the above referred Judgment and Order dated
2nd May, 2002 of the Hon'ble Supreme Court and in exercise of the powers, conferred on it by Article 324 of
the Constitution, directed by an Order dated 28th June, 2002, inter alia, in Para 14 of the said Order as
follows:-“(1) Every candidate at the time of filing his nomination paper for any election to the Council of
States, House of the People, Legislative Assembly of a State or the Legislative Council of a State having such
a council, shall furnish full and complete information in regard to all the five matters, specified by the
Hon'ble Supreme Court and quoted in Para 5 above (reproduced in Para 3 herein), in an affidavit, the format
whereof is annexed hereto as Annexure-1 to this order.
(2) The said affidavit by each candidate shall be duly sworn before a Magistrate of the First Class or a Notary
Public or a Commissioner of Oaths appointed by the High Court of the State concerned.
(3) Non-furnishing of the affidavit by any candidate shall be considered to be violation of the order of the
Hon'ble Supreme Court and the nomination of the candidate concerned shall be liable to rejection by the
returning officer at the time of scrutiny of nominations for such non- furnishing of the affidavit.
(4) Furnishing of any wrong or incomplete information or suppression of any material information by any
candidate in or from the said affidavit may also result in the rejection of his nomination paper where such

99
 wrong or incomplete information or suppression of material information is considered by the returning
officer to be a defect of substantial character, apart from inviting penal consequences under the Indian
Penal Code for furnishing wrong information to a public servant or suppression of material facts before
him:
Provided that only such information shall be considered to be wrong or incomplete or amounting to
suppression of material information as is capable of easy verification by the returning officer by reference
to documentary proof adduced before him in the summary inquiry conducted by him at the time of
scrutiny of nominations under section 36 (2) of the Representation of the People Act 1951, and only the
information so verified shall be taken into account by him for further consideration of the question whether
the same is a defect of substantial character.
(5) The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the
respective returning officers by displaying a copy of the affidavit on the notice board of his office and also
by making the copies thereof available freely and liberally to all other candidates and the representatives of
the print and electronic media.
(6) If any rival candidate furnishes information to the contrary, by means of a duly sworn affidavit, then such
affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate
concerned in the manner directed above.”;
6. And whereas, the President of India promulgated the Representation of People (Amendment) Ordinance,
2002 (No.4 of 2002) on the 24th August, 2002 further to amend the Representation of the People Act, 1951
inserting Sections 33A and 33B and 125A and amending Section 169 of the Representation of the People
Act, 1951;
7. And whereas, by virtue of Section 33B of the said Ordinance, the Order of the Election Commission dated
the 28th June, 2002, was rendered ineffective and the said Section 33B read as under:-“Section 33B.-
Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order
or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or
furnish any such information, in respect of his election, which is not required to be disclosed or furnished
under this Act or the rules made there under.”;
8. And whereas, the Government of India by notification dated 3rd September, 2002 amended the Conduct of
the Elections Rules, 1961 to give effect to the said Ordinance;
9. And whereas, the Association for Democratic Reforms, People's Union for Civil Liberties, and Lok Satta, filed
three separate writ petitions before the Hon'ble Supreme Court of India challenging the constitutional
validity of the Presidential Ordinance dated 24th August, 2002;
10. And whereas, the by Notification dated the 28th December, 2002, the Representation of the People Act,
1951 was amended by the Representation of the People (Third Amendment) Act, 2002 which substituted
the aforesaid Ordinance dated 24th August, 2002;
11. And whereas, the said petitioners filed applications to treat the said writ petitions as challenging the
constitutional validity of the Representation of the People (Third Amendment) Act, 2002;
12. And whereas, the Hon'ble Supreme Court in its order/judgment, dated the 13th March, 2003 declared
Section 33B of the Amended Act as illegal, null and void;
13. And whereas, the following directions were issued in the Judgment of Hon'ble Mr. Justice RV. Reddi, which
was concurred by Mr. Justice D.M. Dharmadhikari:-
“xxxxxxxxxxxx
“The right to information provided for by the Parliament under Section 33A in regard to the pending
criminal cases and past involvement in such cases is reasonably adequate to safeguard the right to
information vested in the voter/citizen. However, there is no good reason for excluding the pending cases in
which cognizance has been taken by Court from the ambit of disclosure.”

100
Xxxxxxxxxxxx
“The Election Commission has to issue revised instructions to ensure implementation of Section 33A
subject to what is laid down in this judgment regarding the cases in which cognizance has been taken. The
Election Commission's orders related to disclosure of assets and liabilities will still hold good and continue
to be operative. However, direction No.4 of Para 14 insofar as verification of assets and liabilities by means
of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or
suppressing material information should not be enforced.”;
14. And whereas, the Judgment of Hon'ble Mr. Justice M.B. Shah, also held that Section 33B was illegal, null and
void and further that the Election Commission would be required to revise its instructions in the light of the
directions therein as under:-“It is true that the aforesaid directions issued by the Election Commission is not
under challenge but at the same time Prima facie it appears that the Election Commission is required to
revise its instructions in the light of directions issued in Association for Democratic Reforms case (supra)
and as provided under the Representation of the People Act and its 3rd Amendment.”;
15. And whereas, by virtue of the Judgment dated the 13th March, 2003 of the Supreme Court declaring
Section 33B of the Representation of the People Act, 1951 to be illegal, null and void, the earlier instructions
of the Election Commission dated 28th June, 2002 would continue to be operative subject to the
aforementioned directions of the Supreme Court, and are therefore required to be revised and reissued;
16. Now, therefore, the Election Commission, in pursuance of the above referred order dated 13th March, 2003,
of the Hon'ble Supreme Court and in exercise of the powers, conferred on it by Article 324 of the
Constitution, of superintendence, direction and control, inter alia, of conduct of elections to Parliament and
State Legislatures, hereby issues, in supersession of its earlier order dated 28th June, 2002, its revised
directions as follows: -
(1) Every candidate at the time of filing his nomination paper for any election to the Council of States, House of
the People, Legislative Assembly of a State or the Legislative Council of a State having such a council, shall
furnish full and complete information in regard to the matters specified by the Hon'ble Supreme Court and
quoted in paras 13 and 14 above, in an affidavit, the format whereof is annexed hereto as Annexure-1 to this
order.
(2) The said affidavit by each candidate shall be duly sworn before a Magistrate of the First lass or a Notary
Public or a Commissioner of Oaths appointed by the High Court of the State concerned.
(3) Non-furnishing of the affidavit by any candidate shall be considered to be violation of the order of the
Hon'ble Supreme Court and the nomination of the candidate concerned shall be liable to rejection by the
returning officer at the time of scrutiny of nominations for such nonfurnishing of the affidavit.
(4) The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the
respective returning officers by displaying a copy of the affidavit on the notice board of his office and also
by making the copies thereof available freely and liberally to all other candidates and the representatives
of the print and electronic media.
(5) If any rival candidate furnishes information to the contrary, by means of a duly sworn affidavit, then such
affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate
concerned in the manner directed above.
17. For the removal of doubt, it is hereby clarified that the earlier direction contained in Para 14 (4) of the earlier
order dated 28th June, 2002, in so far as verification of assets and liabilities by means of summary enquiry
and rejection of nomination paper on the ground of furnishing wrong information or suppressing material
information is not enforceable in pursuance of the order dated
13th March, 2003 of the Apex Court. It is further clarified that apart from the affidavit in Annexure-1 hereto
referred to in Para 16(1) above, the candidate shall have to comply with all the other requirements as spelt
out in the Representation of the People Act, 1951, as amended by the Representation of the People (Third
Amendment) Act, 2002, and the Conduct of Elections Rules, 1961, as amended by the Conduct of Elections
(Amendment) Rules , 2002.

101
18. In so far as elections to the Legislative Assembly and Legislative Council of the State of Jammu and Kashmir
are concerned, the directions of the Election Commission contained in the preceding Para 16 shall be
deemed to have been issued under the provisions of section 138 of the Constitution of Jammu and
Kashmir which are akin to Article 324 (1) of the Constitution of India and vest the superintendence,
direction and control of the conduct of all elections to either House of the Legislature of that State in the
Election Commission.
19. All Returning Officers shall ensure that the copies of affidavit prescribed herein by the Commission shall be
delivered to the candidates along with the forms of nomination papers as part of the nomination paper.
By order,
(A.K. MAJUMDAR)
SECRETARY
ELECTION COMMISSION OF INDIA

102
 APPENDIX 5B
Annexure-1
AFFIDAVIT TO BE FURNISHED BY CANDIDATE ALONG WITH
NOMINATION PAPER

Before the Returning Officer

for election to Andhra Pradesh Legislative Council (name of the House)
from………………………………………….constituency (name of the constituency)
I,………………………, son/daughter/wife of………………..…………….……...
aged……………………years, resident of……………………………….., candidate at the above election, do
hereby solemnly affirm and state on oath as under:-
(Strike out whichever not applicable)
(1) The following case(s) is/are pending against me in which cognizance has been taken by the court:-
(i)Section of the Act and description of the offence for which cognizance taken :
(ii)The Court which has taken cognizance:
(iii)Case No. :
(iv)Date of order of the Court taking cognizance:
(V)Details of appeal(s) / application(s) for revision, etc., if any, filed against above order taking cognizance:
(2) That I give herein below the details of the assets (immovable, movable, bank balance, etc.) of myself, my
spouse and dependents*:
A. DETAILS OF MOVABLE ASSETS
(Assets in joint name indicating the extent of joint ownership will also have to be given)

S. No Description Self Souse(s) Dependent Dependent Dependent

Name(s) 1 Name 2 Name 3 etc. Name
(i) Cash
(ii) Deposits in Banks, Financial
Institutions and Non-Banking
Financial Companies
(iii) Bonds, Debentures and
Shares in /companies
(iv) Other financial institutions,
NSS, Postal Savings,
LIC Policies, etc
(v) Motor Vehicles
(details of make, etc.)
(vi) Jewellery
(give details of weight and value)
(vii) Other assets, such as values
of claims / interests

103
Note: Value of Bonds / Shares / Debentures as per the latest market value in Stock Exchange in respect of listed
companies and as per books in the case of non listed companies should be given.
Dependent here means a person substantially dependent on the income of the candidate.
B. Details of Immovable assets
[Note: Properties in joint ownership indicating the extent of joint ownership will also have to be indicated]

S. No. Description Self Souse(s) Dependent Dependent Dependent

Name(s) 1 Name 2 Name 3 etc. Name
(i) Agricultural Land
-Location(s)
-Survey number(s)
-Extent (Total measurement)
-Current market value
(ii) Non-Agricultural Land
-Location(s)
-Survey number(s)
-Extent (Total measurement)
-Current market value
(iii) Buildings (Commercial and Residential)
-Location(s)
-Survey number(s)
-Extent (Total measurement)
-Current market value
(iv) Houses / Apartments, etc.
-Location(s)
-Survey/door number(s)
-Extent (Total measurement)
-Current market value
(v) Others
(Such as Interest in Property)

104
(3) I give herein below the details of my liabilities / over dues to public financial institutions and government
dues: - [Note: Please give separate details for each item]
S. No. Description Self Name and address of Bank / Amount outstanding
Financial Institution(s) / as on ……………….
Department(s)
(a) (i) Loans from Banks
(ii) Loans from financial institutions
(iii) Government Dues:
(a) dues to departments dealing
with government accommodation
(b) dues to departments dealing
with supply of water
(c) dues to departments dealing
with supply of electricity
d) dues to departments dealing
with telephones
(e) dues to departments dealing
with government transport
(including aircrafts and
helicopters)
(f ) Other dues, if any
(b) (i) Income Tax including surcharge
[Also indicate the assessment
year up to which income
Tax Return filed. Give also
Permanent Account
Number 9PAN]]
(ii) Wealth Tax [Also indicate the
assessment year up to which
Wealth Tax return filed.]
(iii) Sales Tax [Only in case of
proprietary business]
(iv) Property Tax
(4) My educational qualifications are as under :-
(GIVE DETAILS OF SCHOOL AND UNIVERSITY EDUCATION)
(Name of School / University and the year in which the course was completed should also be given.)
DEPONENT
VERIFICATION
I, the deponent above named, do hereby verify and declare that the contents of this affidavit are true and correct to
the best of my knowledge and belief; no part of it is false and nothing material has been concealed there from.
Verified at ......................... this the ......................... day of........................... ,200.........
DEPONENT

105
 APPENDIX 6A

FORM 'AA'
COMMUNICATION WITH REGARD TO AUTHORISED PERSONS TO
INTIMATE NAME OF CANDIDATES SET UP BY THE POLITICAL PARTY.

To
1. The Chief Electoral Officer, Andhra Pradesh, Hyderabad.
*2. The Returning Officer for the Biennial election to the Legislative Council by MLAs
or
*The Returning Officer for the Biennial election
to the Legislative Council from **………. Graduates’/teachers’/Local Authorities’ Constituency

Sub:- Biennial Election to Legislative Council from Andhra PradeshAuthorisation of

person(s) to intimate name(s) of candidate(s).
Sir,

I hereby communicate that the following person(s) has/have been authorised

by ……………………… party, which is A National party/State party in the State
of ……………………/Registered Unrecognised party in the State of …………………….. to intimate the
name(s) of the candidate(s) proposed to be set up by the party at the election cited above.

Name of person authorised Name of Office held in the Constituencies in respect of

to send notice Party which he has been authorised
1 2 3
1.
2.
3.
2. The specimen signatures of the above mentioned person(s) so authorised are given
below:-

1. Specimen signatures of Shri............................................................

(i) ................................. (ii) ................................... (iii) .........................
2. Specimen signatures of Shri............................................................
(i) ................................. (ii) ................................... (iii) .........................
3. Specimen signatures of Shri............................................................
(i) ................................. (ii) ................................... (iii) .........................

Yours faithfully

(Name in Capital Letters)

President/Secretary
Name of the party
Place ............................
Date ............................ (Seal of the Party)
NB. (1) This must be delivered to the Returning Officer and the Chief Electoral Officer not later than
3 p.m. on the last date for making nominations.
(2) From must be signed in ink by the office: bearer (s) mentioned above. No facsimile
signature by means of rubber stamp, etc., of any office: bearer shall be accepted.
(3) No Form transmitted by fax shall be accepted.

106
 APPENDIX 6B

FORM 'BB’
NOTICE AS TO NAMES OF CANDIDATES SET UP BY THE
POLITICAL PARTY
For Use at Elections to the State Legislative Council

To
1. The Chief Electoral Officer, Andhra Pradesh, Hyderabad.
2. The Returning Officer for the Biennial election to the Legislative Council by MLAs or
*The Returning Officer for the Biennial election to the Legislative Council from**..........
Graduates'/teachers'/Local Authorities' Constituency
Sub:- Election to Legislative Council from....................(State / Union Territory) - Setting up of candidates.

Sir
I hereby give notice on behalf of...................(Party)
(i) That the person(s) whose particulars are furnished in columns (2) to (4) below is / are the approved
candidates (s) of the party above named and
(ii) the person(s) whose particulars are mentioned in columns (5) to (7) below is / are the substitute
candidates(s) of the party, who will step in on the approved candidates nomination being rejected
on scrutiny or on his / their withdrawing from the contest, if the substitute candidates(s) is/are still a
contesting candidates(s). at the ensuing election to the State Legislative Council:

Name of Name of Name of the Postal Name of the Father's/ Postal

Constituency Candidate Father's/ address of substitute candidate Mother's/ Address
*** approved Mother’s approved who will step-in on Husband's of
candidate Husband's candidate the approved Name of substitute
Name of the candidate’s Substitute candidate
approved nomination candidate
candidate being rejected on
scrutiny or on his
withdrawing from the
contest if substitute
candidate is still
a contesting candidate
1 2 3 4 5 6 7
$1.
2.
3.
4.
etc....

107
*2. The notice in Form 'BB' given earlier in favour of Shri/Smt./Sushri...........................................as party's approved
candidate and Shri/Smt/Sushri.......................................as party's substitute candidate is hereby rescinded.
3. It is certified that each of the candidates whose name is mentioned above is a member of this political party
and his name is duly borne on the rolls of members of this party.

Yours faithfully,
(Name in Capital Letters)
President / Secretary
Place............................... (NAME OF THE PARTY)
Date................................. Seal of the Party

*Strike out whichever is not applicable.

**Mention names of Graduates'/Teachers'/Local Authorities Constituency, as the case may be.
***Under this column mention name of the constituency, as
1. By Assembly Member
2. Graduates constituency,
3. Teachers constituency,
4 Local Authorities constituency, as the case may be.
$if more than one candidate is to be elected from the constituency.

NB 1. This must be delivered to the Returning Officer and Chief Electoral Officer not later than 3.00 p.m.
on the last date for making nominations.
2. Form must be signed in ink by the office bearer (s) mentioned above. No facsimile signature or
signature by means of rubber stamp, etc., of any office bearer shall be accepted.
3. No form transmitted by fax shall be accepted.
4. Para 2 of the Form must be scored off, if not applicable or must be properly filled, if applicable.

108
 APPENDIX 7A

DO'S AND DON'TS FOR GUIDANCE OF CANDIDATES

DO'S
1. Do familiarise yourself with the constitutional and legal provisions relating to elections.
2. Do check up with the latest Delimitation Order relating to your constituency.
3. Do make it a point to obtain the electoral roll of your constituency and have it checked up.
4. Do check up your name and the particulars in the current electoral roll well before deciding to stand for
election.
5. Do check up that you are qualified to stand for election.
6. Do check up that you are not disqualified from standing for election.
7. Do check up the nomination form to ensure that it is in the prescribed form (Forms 2-A or 2-B).
8. Do present the nomination form personally or send it through your proposer.
9. Do check up that the proposer(s) is a voter in the constituency from which you are seeking election.
10. Do file a certified copy of the electoral roll containing your name, if you are a candidate from a different
constituency.
11. Do collect the receipt for the nomination paper.
12. Do make it a point to attend the scrutiny of nominations personally.
13. Do check up that your name appears in the list of valid nominations, if your nomination has been accepted.
14. Do check up that your name is correctly entered in the list of validly nominated candidates.
15. Do check up that your name and other particulars in the list of contesting candidates, if you have not
withdrawn your candidature.
16. Do find out the hours of poll as notified.
17. Do appoint the election agent in proper form and well in time.
18. Do check up that your election agent is not disqualified for voting at elections or for being a Member of
Parliament or any State Legislature.
19. Do get a copy of the list of polling stations and check it up.
20. Do appoint polling agents in proper form for each and every polling station well in time.
21. Do provide copies of electoral roll to your polling agents.
22. Do appoint counting agents in proper form for each and every counting table and one extra agent well in
time.
23. Do make it a point to attend counting personally.
24. Do report immediately to above authorities or the Returning Officer the instances which have come to your
knowledge about the publication of election pamphlets or posters in contravention of the above
requirements of law.

109
25. Do attend the meetings of the Constituency Committee constituted by the Returning Officer for ensuring
the observance of Model Code of Conduct for guidance of political parties and candidates as devised by
the Election Commission.
26. Do report the instances of violation of the above said Model Code of Conduct that have come to your
notice for necessary remedial or punitive action.
27. Do maintain proper accounts about election expenses from the date of your nomination as a candidate to
the date of election in the Register specifically provided to you by the Returning officer for the purpose.
28. Do attend with your agents the training rehearsals arranged by the Returning Officer.

DON’TS
1. Don't present the nomination paper through any person other than yourself or any one of your proposers.
2. Don't present nomination paper on a public holiday.
3. Don't present the nomination paper before or after the specified hours fixed for the purpose.
4. Don't present more than four nomination papers.
5. Don't present the nomination paper to any person other than the Returning Officer or the Assistant
Returning Officer (so authorised in this behalf ).
6. Don't forget to make the required deposit in cash in the Reserve Bank of India or in a Government Treasury
or with the Returning Officer.
7. Don't forget to make and subscribe the oath or affirmation by the last date for the receipt of nominations
and get a receipt in token of having made and subscribed the oath or affirmation.
8. Do not issue identity slips bearing your name or your symbol or the name of your party or containing any
exhortation to voters to vote for you or your party.
9. Don't make any gift or offer or promise of gratification to any person to induce another to stand or not to
stand as a candidate or to withdraw or not to withdraw his candidature or to vote or refrain from voting at
the election or for having so stood or not having stood or for having withdrawn or for not having
withdrawn his candidature or for having votes or refrained from voting.
10. Don't interfere directly or indirectly or attempt to interfere with the free exercise of the electoral right of
any person.
11. Don't appeal to voters to vote or refrain from voting on grounds of religion, race, caste or community or
language.
12. Don't make use of, or appeal to, religious symbols or National symbols.
13. Don't promote or attempt to promote feelings of enmity or hatred between different classes of citizens on
grounds of religion, race, caste, community or language.
14. Don't publish false statements in regard to the personal character and conduct of any candidate or in
relation to the candidature or withdrawal of any candidate.
15. Don't hire or procure vehicles for the conveyance of voters to and from the polling stations.
16. Don't incur or authorise expenditure in connection with elections beyond the maximum prescribed for
your election.
17. Don't procure the support of Government servants.
18. Don't indulge in misconduct at polling stations.
19. Don't induce disorderly conduct in or near the polling stations.
20. Don't hold public meetings in the polling area any time during 48 hours before the time fixed for the

110
 conclusion of the poll.
21. Don't create disturbances at election meetings.
22. Don't canvass in or near polling stations on the date or dates of poll.
23. Don't print or publish election pamphlets or poster without giving on their face details of the printer and
publisher and without declaring the identity of the printer and publisher and sending copies of the
declaration to the Chief Electoral Officer if printing is in the capital of the State, and to the District
Magistrate in case the printing is elsewhere.
24. Dot's destroy fraudulently any nomination paper or any list, notice or documents affixed by or under the
authority of the Returning Officer.
25. Don't destroy any ballot paper or any official remark on the ballot paper or any declaration of identity; don't
put into the ballot box anything other than your ballot paper.
26. Don't destroy, take out or otherwise interfere with any ballot box or ballot paper.
27. Don't publish any statement or have it published with your consent or the consent of your election agent
which is false or which you believe to be false or do not believe to be true in relation to the personal
character and conduct of any candidate or in relation to the candidature or withdrawal of any candidate,
being a statement reasonably calculated to prejudice the prospect of that candidate in the election.
28. Don't threaten any candidate or any elector or any person with any kind of act including social ostracism
and ex-communication or expulsion from any caste or community.
29. Don't induce or attempt to induce a candidate or an elector to believe that he or any person in whom he is
interested will become or will be rendered the object of divine displeasure or spiritual censure.
30. Don't abet the offence of personation at an election.
31. Don't forget to lodge the election account with the District Election Officer within 30 days of the election,
regardless of the fact whether you are elected or not or you contested the election seriously or not.

111
 APPENDIX - 7B
DO'S AND DON'TS FOR THE GUIDANCE OF THE CANDIDATES
AND POLITICAL PARTIES TO BE OBSERVED FROM THE
ANNOUNCEMENT OF AN ELECTION AND UNTIL THE
COMPLETION OF THE PROCESS OF ELECTION

DO'S
1. Ongoing programmes may continue.
2. The clarification/approval of the Election Commission of India/Chief Electoral Officer of your State should
be obtained in case of doubt.
3. Relief and rehabilitation measures to the people in areas affected by floods, drought, pestilence, and other
natural calamities, should commence and continue.
4. Grant of cash or medical facilities to terminally or critically ill persons can continue with appropriate
approvals.
5. Public places like maidans must be available impartially to all parties/contesting candidates for holding
election meetings. So also use of helipads must be available impartially to all parties/contesting candidates.
6. Rest houses, dak bungalows and other Government accommodation should be available to all political
parties and contesting candidates on an equitable basis.
7. Criticism of other political parties and candidates should relate to their policies, programmes, past record
and work.
8. The right of every individual for peaceful and undisturbed home life should be fully safeguarded.
9. No obstructions shall be created against meetings and processions organised by other parties.
10. The local police authorities should be fully informed of the venue and time of the proposed meetings well in
time and all necessary permissions taken.
11. If there are any restrictive or prohibitory orders in force in the place of the proposed meeting, they shall be
fully respected. Exemption, if necessary, must be applied for and obtained well in time.
12. Permission must be obtained for the use of loudspeakers or any other such facilities for the proposed
meeting.
13. The assistance of the police should be obtained in dealing with persons disturbing meetings or otherwise
creating disorder.
14. The time and place of the starting of any procession, the route to be followed and the time and place at
which the procession will terminate should be settled in advance and advance permissions obtained from
the police authorities.
15. The existence of any restrictive orders in force in the localities through which the procession has to pass
should be ascertained and fully complied with. So also all traffic regulations and other restrictions.
16. The passage of the procession must be without hindrance to traffic.
17. Processionists shall not carry any articles which are capable of being misused as missiles or weapons.
18. Cooperation should be extended to all election officials at all times to ensure peaceful and orderly poll.
19. Badges or identity cards must be displaced by workers.

112
20. Identity slips issued to voters shall be on plain (white) paper and not contain any symbol, name of the
candidate or name of the party.
21. Restrictions on plying of vehicles on poll day shall be fully obeyed.
22. No one without a specific valid authority letter from the Election Commission can enter any polling booth
at any time. No functionary however highly placed (e.g. Chief Minister, Minister, MP or MLA, etc.,) is exempt
from this.
23. Complaint or problem regarding the conduct of elections shall be brought to the notice of the observer
appointed by the Commission/Returning Officer/Zonal/Sector Magistrate/Election Commission of India.
24. Directions/orders/instructions of the Election Commission, the Returning Officer, the District Election
Officer shall be obeyed in all matters relate to various aspects of election.

DON'TS
(1) Please do not make use of official vehicles or personnel or machinery for electioneering work. Official
'vehicles' include (a) trucks, (b) lorries, (c) tempos, (d) jeeps, (e) cars, (f ) auto-rickshaws, (g) buses, (h) aircrafts
(i) helicopters, (j) ships, (k) boats, (l) hovercraft and all other vehicles belonging to the (1) Central
Government, (2) State Government, (3) Public Undertakings of the Central and State Government, (4) Joint
Sector Undertakings of Central Government and State Government, (5) Local Bodies, (6) Municipal
Corporations, (7) Municipalities, (8) Marketing Boards, (by whatever name known) (9) Cooperative
Societies, (10) Autonomous District Councils or (11) any other body in which public funds, howsoever small
a portion of the total, are invested and also (12) those belonging to the Ministry of Defence and the Central
Police Organisations under the Ministry of Home Affairs and State Governments.
(2) Please do not issue any advertisement at the cost of the public exchequer regarding achievements of the
party/Government in power.
(3) Announcements of any financial grants, laying of foundation stones, making promise of construction of
new roads, etc., shall not be mode.
(4) No ad hoc appointments in Government/Public Undertakings shall be made.
(5) No Minister shall enter any polling station or the place of counting unless he is a candidate or an authorised
agent; or as a voter only for voting.
(6) Official work should not at all be mixed with campaigning/electioneering.
(7) No inducement, financial or otherwise, shall be offered to a voter.
(8) Caste/communal feelings of the electors shall not be appealed to.
(9) No activity which may aggravate existing differences or create mutual hatred or causes tension between
different castes, communities or religious or linguistic groups shall be attempted.
(10) No aspect of the private life, not connected with the public activities, of the leaders or workers of other
parties shall be permitted to be criticized.
(11) Other parties or their workers shall not be criticised based on unverified allegations or on distortions.
(12) Temples, mosques, churches, gurudwaras or any place of worship shall not be used as places for election
propaganda, including speeches, posters, music, etc., on electioneering.
(13) Activities which are corrupt practices or electoral offences such as bribery, undue influence, intimidation of
voters, personation, canvassing within 100 meters of a polling station, holding of public meetings during
the period of 48 hours ending with the hour fixed for the close of the poll and conveyance of voters to and
from polling stations are prohibited.
(14) Demonstrations or picketing before the houses of individuals by way of protesting against their opinion or
activities shall not be resorted to.

113
(15) No one can make use of any individual's land, building, compound wall etc. without his permission for
erecting flag staffs, putting up banners, pasting notices or writing slogans, etc.. This includes private and
public premises.
(16) No disturbances shall be created in public meetings organised by other political parties or candidates.
(17) Processions along places at which meetings are being held by another party shall not be undertaken.
(18) Posters issued by other parties and candidates shall not be disturbed.
(19) Posters, flags, symbols or any other propaganda material shall not be displayed in the place being used on
the day of poll for distribution of identity slips or near polling booths.
(20) Loudspeakers whether static or mounted on moving vehicles shall not be used either before 6 a.m. or after
10 p.m. and without the prior written permission of the authorities concerned.
(21) Loudspeakers shall also not be used at public meetings and processions without the prior written
permission of the authorities concerned. Normally, such meetings/processions will not be allowed to
continue beyond 10.00 p.m. in the night and will be further subject to the local laws, local perceptions of
the security requirements of the area and other relevant considerations like weather conditions, festival
season, examination period, etc.
(22) No liquor should be distributed during elections.
Note : The above list of 'Dos' and 'Don'ts' is only illustrative and not exhaustive and is not intended to substitute
any other detailed orders, directions/instructions on the above subjects, which must be strictly observed
and followed.

114
 APPENDIX - 8
FORM 5
NOTICE OF WITHDRAWAL
Election to the Legislative Council*………….

To
The Returning Officer
I.................................., a candidate validly nominated at the above election, do hereby give notice that I withdraw
my candidature.
Place..........................
Date........................... Signature of validly nominated candidate

notice was delivered to me at my office at ............................... (hour) on

.......................(date) by...................................(name), the **
Place: …………………………..
Date................................................. Returning Officer

Receipt For Notice Of Withdrawal

(To be handed over to the person delivering the notice)

The notice of withdrawal of candidature by......................................a validly nominated candidate at the election to
the Legislative Council* ………….. was delivered to me by the** ................................ at my office at
.......................................... (hour) on ...................................(date).
Returning Officer

* Here insert one of the following alternatives as may be appropriate :

(1) By the Members of the Legislative Assembly.
(2) from the …………………. Constituency
** Here insert one of the following alternatives as may be appropriate:-
(1) Candidate
(2) Candidate's proposer who has been authorised in writing by the candidate to deliver it
(3) Candidate's election agent who has been authorised in writing by the candidate to deliver it

115
 APPENDIX - 9

FORMAT FOR SPECIMEN SIGNATURES OF CANDIDATES AND

THEIR ELECTION AGENTS
Biennial Election, March, 2007
Legislative. Council Constituency: .......................................................
The specimen signatures of contesting candidates and their Election Agents are given below for the purpose of
verification of their signatures by the Presiding Officer in the letters of appointment of Polling Agents at the time of
poll:-
Name of the Specimen signature Name of his / Specimen signature
Contesting Candidate her Election Agent
1. Shri/Smt./Ms.
(Candidate No. 1) Shri/Smt.Ms.
2. Shri/Smt./Ms.
(Candidate No. 2 Shri/Smt.Ms.
3. Shri/Smt./Ms.
(Candidate No. 3 Shri/Smt.Ms.
4. Shri/Smt./Ms.
(Candidate No. 4) etc….. Shri/Smt.Ms.

Place: …………………….. Signature

Returning Officer
Seal

116
 APPENDIX - 10
GENERAL INSTRUCTIONS FOR RECORDING OF VOTES AT
ELECTIONS TO THE STATE LEGISLATIVE COUNCILS

Method of Voting:
1. At the polling station the voter should vote with a violet sketch pen, which will be handed over to you along
with the ballot paper. He should not use any other pen, pencil, ballpoint pen or any other marking
instrument, as that will invalidate your ballot paper.
2. The voter should vote by placing the figure “1” in the column marked 'order of preference' provided
opposite the name of the candidate whom he chooses as your first preference. This figure “1” shall be
placed opposite the name of only one candidate.

3. Even if the number of candidates to be elected is more than one, the figure “1” shall be put opposite the
name of only candidate.
4. The voter have as many preference as there are contesting candidates irrespective of the number of
candidates to be elected. For example, if there are five contesting candidates and only two are to be elected,
you can mark preferences from 1 to 5 against the candidates of your choice in order of your preference.
5. The voter should indicate his further preferences for the remaining candidates by placing in the column
'mark order of preference' provided opposite the names of such candidates the subsequent figures 2,3,4
etc., in the order of his preference.
6. The voter should make sure that he puts only one figure opposite the name of any candidate and also make
sure that the same figure is not put opposite the names of more than one candidate.

117
7. Preference shall be indicated in figures only, i.e. 1,2,3, etc., and shall not be indicated in words, one, two,
three, etc.
8. Figures may be marked in the international form of Indian numerals like 1,2,3, etc., or in the Roman form I, II,
III, etc., or in the form used in any Indian Language, recognized in the Eighth Schedule to the Constitution.
9. The voter should NOT write his name or any words and do not put your signature or initials on the ballot
paper. Also, he should not put his thumb impression.These will make the ballot paper invalid.
10. It is not sufficient to put a mark “” or “” against the candidates of your choice to indicate your preferences.
Such ballot paper will be rejected. The voter should Indicate his preferences only in figures 1,2,3, etc., as
explained above.
11. To make the ballot paper valid, it is necessary that the voter should indicate his first preference by placing
figure “ I ” against one of the candidates. The other preferences are optional, i.e., he may or may not indicate
the second and subsequent preferences.
B. Invalid Ballot Papers
A ballot paper shall be invalid on which-
1. the figure 1 is not marked;
2. the figure 1 is marked to more than one candidate;
3. the figure 1 is so placed as to render it doubtful to which candidate it is intended to apply;
4. the figure 1 and some other figure like 2, 3 etc., are also marked for the same candidate;
5. the preferences are indicated in words instead of in figures;
6. there is any mark or writing by which the elector can be identified; and
7. there is any figure marked otherwise than with the violet sketch pen supplied by the Returning Officer for
the purpose of marking such figures.
8. Blank ballot paper without any preference marked.

118
Invalid Ballot Papers - Examples

119
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-llOOOl
No. 576/3/2017/SDRJ Dated: 18-10-2017
To
The Chief Electoral Officers of
All States and Union Territories.

Sub: List of contesting candidates in Form 7A17B- displaying therein photographs of

candidates against their names.

Sir/Madam,
Reference is invited to the Commission's letter No. 576/3/2015, dated 16th
March, 2015, regarding directions for printing photographs of candidates also in the
ballot papers.

2. The Commission has now directed that, henceforth, photographs of candidates

shall also be printed against their names in the list of contesting candidates in Form-7A
or 7B, as the case may be. Thus, the copy of the said forms to be supplied to each
contesting candidate should contain the photographs of the candidates. The same
format with photographs of candidates shall be used for publishing of the Form in the
Gazette as well as for displaying copies thereof in the polling stations.

3. A clarification has also been sought as to whether 'NOTA' is to be printed in

Form 7A and 7B. It is clarified that since Form 7A17B denotes list of contesting
candidates, 'NOTA' is not to be printed therein.

4. This direction may be conveyed immediately to all Returning Officers including

the Returning Officers for Rajya Sabha election and Legislative Council elections.

Yours faithfully,

i0l!L
(K.F.WILFRED)
SR. PRINCIPAL SECRETARY
 ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110001
NO.S76/3/2018/SDRIVol.lIl Dated: 11thSeptember, 2018

To,
The Chief Electoral Officer of
All States and Union Territories

Sub: - Provision for "None of the above" (NOTA) option on ballot paper for elections to
Rajya Sabha and State Legislative Council-withdrawing the provision-reg.

Sir,
I am directed to state that the Hon'ble Supreme Court in their judgment dated

21.08.2018 in WP (C) no. 631 of 2017 (Shailesh Manubhai Parmar Vs. ECI & Ors.) has

directed that None of the Above (NOTA) option should not be made applicable for elections

to Council of States. It has been held that NOTA should be provided only in direct elections

(election to Lok Sabha and Legislative Assemblies).

In pursuance of the above-referred judgment of the Hon'ble Supreme Court, the

NOTA option will no longer be applicable in Rajya Sabha election and Legislative Council

election.

The above instruction may kindly bring to the notice of the Returning Officers for

Elections to the Council of States and State Legislative Councils with instructions that

column for NOTA shall not be printed in the ballot papers for these elections.

Kindly acknowledge receipt.

Yours faithfully.

(N~~)
SECRETARY
 Bv Speed post/e-mail
ELECTION COMMISSION OF INDIA
Nirvac-han Sadan, Ashoka Road, New Delhi_l10001
No. 76IECI/INSTiFIINC/EEM/EEPSi261qlvot. --bated:5th
ttt March,20t9
To

The Chief Electoral Om""r, of

AllStates and Union Territories

Subject:-Corrigendum- Form 26- Compendium of

Monitoring (February, 20 I 9)_Reg.
Instructions on Election Expenditure

Madam/Sir,

I am directed to refer to the commission's letter of even number

dated 2gth Februa ry, 2019

regarding amended Form 26 and, to state that against

item no. 8 (iii) under part,A, of the said
Form, the words "D
were inadvertently
.,
mentioned, instead of
aircrafts and helicopters)". As such, you are requested to kindly
substitute the words ..Dues to

" in place of

2' corrected Form26 (English version only) is being forwarded

herewith with the request to
bring this to the notice of DEos, Ros, candidates, political parlies
and all election authorities and

incorPorate the same in the "compendiurn of Instructions

on Election Err.rrditu.. Monirorin*
(Februar)r. 20 1 9)" accordingly.

Yours faithfully,

KUMAR)
SECRETARY
 Bv Speed post/e-mail
ELECTION COMMISSION OF INDIA
Nirvac-han Sadan, Ashoka Road, New Delhi_l10001
No. 76IECI/INSTiFIINC/EEM/EEPSi261qlvot. --bated:5th
ttt March,20t9
To

The Chief Electoral Om""r, of

AllStates and Union Territories

Subject:-Corrigendum- Form 26- Compendium of

Monitoring (February, 20 I 9)_Reg.
Instructions on Election Expenditure

Madam/Sir,

I am directed to refer to the commission's letter of even number

dated 2gth Februa ry, 2019

regarding amended Form 26 and, to state that against

item no. 8 (iii) under part,A, of the said
Form, the words "D
were inadvertently
.,
mentioned, instead of
aircrafts and helicopters)". As such, you are requested to kindly
substitute the words ..Dues to

" in place of

2' corrected Form26 (English version only) is being forwarded

herewith with the request to
bring this to the notice of DEos, Ros, candidates, political parlies
and all election authorities and

incorPorate the same in the "compendiurn of Instructions

on Election Err.rrditu.. Monirorin*
(Februar)r. 20 1 9)" accordingly.

Yours faithfully,

KUMAR)
SECRETARY
 Form 26
(See rule 4A)
Please affix your
recent passport
size photograph
here

AFFIDAVIT TO BE FILED BY THE CANDIDATE ALONGWITH

NOMINATION PAPER BEFORE THE RETURNING OFFICER FOR ELECTION
TO………………..(NAME OF THE HOUSE)
FROM……………………………CONSTITUENCY (NAME OF THE
CONSTITUENCY)
PART A

I………………………………..**son/daughter/wife
of………………………………………………….Aged……………………………..y
ears, resident of……………………………………………………………(mention
full postal address), a candidate at the above election, do hereby solemnly affirm and
state on oath as under:-

(1) I am a candidate set up by------------------------------

(**name of the political party) / **am contesting as an Independent candidate.

(**strike out whichever is not applicable)

(2) My name is enrolled in…………………………………………(Name of the

Constituency and the State), at Serial No……….in Part No……………..

(3) My contact telephone number(s) is/are………………………………………and my

e-mail id (if any) is…………………………… and my social media account(s) (if
any) is/are

(i)……………
(ii)……………….
(iii)………………….

(4) Details of Permanent Account Number (PAN) and status of filing of Income Tax return:
 Sl. No. Names PAN The financial year Total income shown in
for which the last Income-tax return (in
Income-tax return Rupees) for the last five
has been filed Financial Years (as on the
31st March)

1. Self (i)
(ii)
(iii)
(iv)
(v)
2. Spouse (i)
(ii)
(iii)
(iv)
(v)
3. HUF (If the (i)
Candidate is
(ii)
Karta or
Coparcener) (iii)
(iv)
(v)
4. Dependent-1 (i)
(ii)
(iii)
(iv)
(v)
5. Dependent-2 (i)
(ii)
(iii)
(iv)
(v)
6. Dependent-3 (i)
(ii)
(iii)
(iv)
(v)

Note: It is mandatory for PAN holder to mention PAN and in case of no PAN, it should
be clearly stated “No PAN allotted”.

(5) Pending criminal cases

(i) I declare that there is no pending criminal case against me. (Tick this alternative if
there is no criminal case pending against the Candidate and write NOT APPLICABLE
against alternative (ii) below)
OR

(ii) The following criminal cases are pending against me:

(If there are pending criminal cases against the candidate, then tick this alternative and
score off alternative (i) above, and give details of all pending cases in the Table below)

Table

(a) FIR No. with name

and address of
Police Station
concerned
(b) Case No. with Name
of the Court
(c) Section(s) of
concerned
Acts/Codes involved
(give no. of the
Section, e.g.
Section…….of IPC,
etc.).
(d) Brief description of
offence

(e) Whether charges

have been framed
(mention YES or
NO)
(f) If answer against (e)
above is YES, then
give the date on
which charges were
framed

(g) Whether any

Appeal/Application
for revision has been
filed against the
proceedings
(Mention YES or
NO)

(6) Cases of conviction

(i) I declare that I have not been convicted for any criminal offence. (Tick this
alternative, if the candidate has not been convicted and write NOT APPLICABLE
against alternative (ii) below)

OR

(ii) I have been convicted for the offences mentioned below:

(If the candidate has been convicted, then tick this alternative and score off alternative
(i) above, and give details in the Table below)

Table

(a) Case No.

(b) Name of the Court

(c) Sections of
Acts/Codes involved
(give no. of the
Section, e.g.
Section……. of IPC,
etc.).
 (d) Brief description of
offence for which
convicted
(e) Dates of orders of
conviction
(f) Punishment imposed

(g) Whether any Appeal

has been filed
against conviction
order (Mention YES
or No)
(h) If answer to (g)
above is YES, give
details and present
status of appeal

(6A) I have given full and up-to-date information to my political party about all pending
criminal cases against me and about all cases of conviction as given in paragraphs (5) and
(6).
[ candidates to whom this Item is not applicable should clearly write NOT
APPLICABLE IN VIEW OF ENTRIES IN 5(i) and 6(i), above]

Note:
1. Details should be entered clearly and legibly in BOLD letters.
2. Details to be given separately for each case under different columns against each
item.
3. Details should be given in reverse chronological order, i.e., the latest case to be
mentioned first and backwards in the order of dates for the other cases.
4. Additional sheet may be added if required.
5. Candidate is responsible for supplying all information in compliance of Hon’ble
Supreme Court’s judgment in W. P (C) No. 536 of 2011.

(7) That I give herein below the details of the assets (movable and immovable etc.) of myself,
my spouse and all dependents:
A. Details of movable assets :

Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be
given.

Note: 2. In case of deposit/Investment, the details including Serial Number, Amount, date of
deposit, the scheme, Name of Bank/Institution and Branch are to be given.
Note: 3.Value of Bonds/Share Debentures as per the current market value in Stock Exchange
in respect of listed companies and as per books in case of non-listed companies
should be given.
Note: 4. „Dependent‟ means parents, son(s), daughter(s) of the candidate or spouse and any
other person related to the candidate whether by blood or marriage, who have no
separate means of income and who are dependent on the candidate for their
livelihood.
Note: 5. Details including amount is to be given separately in respect of each investment.

Note: 6. Details should include the interest in or ownership of offshore assets.

Explanation- For the purpose of this Form, the expression “offshore assets” includes,
details of all deposits or investments in Foreign banks and any other body
or institution abroad, and details of all assets and liabilities in foreign
countries.

S. No. Description Self Spouse HUF Dependent-1 Dependent-2 Dependent-3

(i) Cash in hand

(ii) Details of deposit in Bank

accounts (FDRs, Term
Deposits and all other
types of deposits
including saving
accounts), Deposits with
Financial Institutions,
Non-Banking Financial
Companies and
Cooperative societies and
the amount in each such
deposit

(iii) Details of investment in

Bonds,
Debentures/Shares and
units in
companies/Mutual Funds
and others and the
amount.
(iv) Details of investment in
NSS, Postal Saving,
Insurance Policies and
investment in any
Financial instruments in
Post office or Insurance
Company and the amount

(v) Personal loans/advance

given to any person or
entity including firm,
company, Trust etc. and
other receivables from
debtors and the amount.

(vi) Motor Vehicles/Aircrafts/

Yachts/Ships (Details of
Make, registration
number. etc. year of
purchase and amount )

(vii) Jewellery, bullion and

valuable thing(s) (give
details of weight and
value)

(viii) Any other assets such as

value of claims/interest

(ix) Gross Total value

B. Details of Immovable assets:

Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have
to be indicated.
Note: 2. Each land or building or apartment should be mentioned separately in this format.
Note: 3. Details should include the interest in or ownership of offshore assets.

S. No Description Self Spouse HUF Dependent-1 Dependent-2 Dependent-3

(i) Agricultural Land

Location(s)
Survey number(s)

Area (total
measurement in acres)
Whether inherited
property
(Yes or No)

Date of purchase in
case of self - acquired
property

Cost of Land (in case of

purchase) at the time of
purchase

Any Investment on the

land by way of
development,
construction etc.

Approximate Current
market value

(ii) Non-Agricultural
Land
Location(s)
Survey number(s)

Area (total
measurement in sq. ft.)

Whether inherited
property
(Yes or No)
 Date of purchase in
case of self - acquired
property

Cost of Land (in case

of purchase) at the time
of purchase

Any Investment on the

land by way of
development,
construction etc.

Approximate current
market value

(iii) Commercial Buildings

(including apartments)
-Location(s)
-Survey number(s)

Area (total
measurement in sq. ft.)

Built-up Area (total

measurement in sq.ft.)
Whether inherited
property
(Yes or No)
Date of purchase in
case of self - acquired
property

Cost of property (in

case of purchase) at the
time of purchase

Any Investment on the

property by way of
development,
construction etc.
 Approximate current
market value

(iv) Residential Buildings

(including apartments):
-Location (s)
-Survey number(s)

Area (Total
measurement in sq. ft)

Built up Area (Total

measurement in sq. ft.)

Whether inherited
property
(Yes or No)

Date of purchase in
case of self – acquired
property

Cost of property (in

case of purchase) at the
time of purchase

Any Investment on the

land by way of
development,
construction etc.

Approximate current
market value

(v) Others (such as interest

in property)
(vi) Total of current market
value of (i) to (v)
above

(8) I give herein below the details of liabilities/dues to public financial institutions and
government:-

(Note: Please give separate details of name of bank, institution, entity or individual and
amount before each item)

S. No. Description Self Spouse HUF Dependent-1 Dependent-2 Dependent-3

(i) Loan or dues to

Bank/Financial
Institution(s)
Name of Bank or
Financial Institution,
Amount outstanding,
Nature of loan

Loan or dues to any

other individuals/
entity other than
mentioned above.
Name(s), Amount
outstanding, nature of
loan
Any other liability

Grand total of liabilities

ii) Government Dues: (A) Has the Deponent been in YES/NO
occupation of accommodation (Pl. tick the
Dues to departments appropriate
dealing with provided by the Government at any
Government alternative)
time during the last ten years
accommodation before the date of notification of
the current election ?
(B) If answer to (A) above is YES, the
following declaration may be
furnished namely:-
(i) The address of the
Government
accommodation:
……………………………
……………………………
……………………………
……………………………
…………
(ii) There is no dues payable in
respect of above
Government
accommodation, towards-
(a) rent;
(b) electricity charges;
(c) water charges; and
(d) telephone charges as on
……….(date)
[the date should be the last date of the
third month prior to the month in
which the election is notified or any
date thereafter].

Note- „No Dues Certificate‟ from the

agencies concerned in respect of rent,
electricity charges, water charges and
telephone charges for the above
Government accommodation should
be submitted.
(iii) Dues to department dealing
with Government transport
(including aircrafts and
helicopters)
(iv) Income Tax dues
Self Spouse HUF Dependent-1 Dependent-2 Dependent-3

(v) GST dues

(vi) Municipal/Property tax
dues
(vii) Any other dues

(viii) Grand total of all

Government dues

Whether any other

(ix) liabilities are in dispute,
if so, mention the amount
involved and the
authority before which it
is pending.

(9) Details of profession or occupation:

(a) Self………………………………………………
(b) Spouse ………………………………………….

(9A) Details of source(s) of income:

(a) Self ……………………..

(b) Spouse …………………..

(c) Source of income, if any, of dependents,…………………….

(9B) Contracts with appropriate Government and any public company or companies
(a) details of contracts entered by the candidate………….
(b) details of contracts entered into by spouse ……………
(c) details of contracts entered into by dependents …………………….
(d) details of contracts entered into by Hindu Undivided Family or trust in which the
candidate or spouse or dependents have interest …………………………
(e) details of contracts, entered into by Partnership Firms in which candidate or spouse or
dependents are partners …………………………………………….
(f) details of contracts, entered into by private companies in which candidate or spouse or
dependents have share ………………………..

(10) My educational qualification is as under:

…………………………………………………………………………

(Give details of highest School / University education mentioning the full form of the
certificate/ diploma/ degree course, name of the School /College/ University and the year
in which the course was completed.)
 PART - B

(11). ABSTRACT OF THE DETAILS GIVEN IN (1) TO (10) OF PART - A:

1. Name of the candidate Sh./Smt./Kum.

2. Full postal address

3. Number and name of the
constituency and State

4. Name of the political party which

set up the candidate (otherwise
write „Independent‟)
5. Total number of pending criminal
cases

6. Total Number of cases in which

convicted
7. PAN of Year for which last Total Income
Income Tax Return filed Shown

(a) Candidate
(b) Spouse
(c) HUF
(d) Dependent
8. Details of Assets and Liabilities (including offshore assets) in Rupees
Description Self Spouse HUF Dependent-I Dependent-II Dependent-III
A. Moveable Assets
(Total value)
B. Immovable Assets

I Purchase Price of
self-acquired
immovable
property
Asset
II Development/const
ruction cost of
immovable
property after
purchase (if
applicable)
 III Approximate
Current Market Price
-
(a) Self-acquired
assets (Total
Value)
(b) Inherited assets
(Total Value)
9. Liabilities
(i) Government dues
(Total)

(ii) Loans from Bank,

Financial Institutions
and others (Total)

10. Liabilities that are under dispute

(i) Government dues
(Total)

(ii) Loans from Bank,

Financial Institutions
and others (Total)

11. Highest educational qualification:

(Give details of highest School /University education mentioning the full form of the
certificate/ diploma/ degree course, name of the School /College/ University and the
year in which the course was completed.)
 VERIFICATION

I, the deponent, above named, do hereby verify and declare that the contents of this
affidavit are true and correct to the best of my knowledge and belief and no part of it is false and
nothing material has been concealed there from. I further declare that:-

(a) there is no case of conviction or pending case against me other than those mentioned in items
5 and 6 of Part A and B above;
(b) I, my spouse, or my dependents do not have any asset or liability, other than those mentioned
in items 7 and 8 of Part A and items 8, 9 and 10 of Part B above.
Verified at………………….…..this the……………………………day
of……………………………….

DEPONENT

Note: 1. Affidavit should be filed latest by 3.00 PM on the last day of filing nominations.

Note: 2. Affidavit should be sworn before an Oath Commissioner or Magistrate of the First
Class or before a Notary Public.
Note: 3. All columns should be filled up and no column to be left blank. If there is no
information to furnish in respect of any item, either “Nil” or “Not applicable” as
the case may be, should be mentioned.

Note: 4. The affidavit should be either typed or written legibly and neatly.

Note: 5. Each page of the Affidavit should be signed by the deponent and the Affidavit
should bear on each page the stamp of the Notary or Oath Commissioner or
Magistrate before whom the Affidavit is sworn.

(Ministry of Law & Justice Notification No. H11019(4)/2018-Leg.II, dated 10th October, 2018
and Notification No. H-11019/13/2016-Leg. II, dated 26th February, 2019)
 Email/Speed Post

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi-I 10 001
No.3/4/2021/SDRlVol-III Dated: IIth ,January, 2022
To,

The Chief Electoral Officers

All States/Union Territories

SUbject: Publication of criminal antecedents by contesting candidates and political parties in

pursuance of the Hon'ble Supreme Court decision in WP (C) No. 784 of2015 (Lok Prahari Vs.
Union of India and Others and in WP (C) No. 536 of 2011 (Public Interest Foundation & Ors.
Vs. Union ofIndia & Anr.) and in contempt petition (c) no. 2192 of 2018 in WP (C) no. 536 of
2011 - regarding.

Reference: -
I-No. 3/4/2017/SDRlVol.II dated 10th October, 2018
2-No. 3/4/2019/SDRlVol.I dated 19th March, 2019
3-No. 76IECIIINSTIFUNCIEEMIEEPS/2019NOL. XVII dated 8th May, 2019
4-No. 3/4/2019/SDRlVoI.III dated 30th August, 2019
5-No. 3/4/2020/SDRIVol.III dated 6th March, 2020
6-No. 3/4/2020/SDRlVoI.III dated 19th March, 2020
7-No. 3/4/2019/SDRlVoI.IV dated 16th September, 2020
8-No. 3/4/2019/SDRlVoI.IV dated 30th October, 2020
9- No. 3/4/2020/SDRlVoI.III dated 11th January, 2021
10- No. 3/4/20211SDRlVol.III dated 26th August, 2021

Sir/Madam,

I am directed to refer to the above letters on the subject cited and Commission's letter
No. 3/4120211SDRdated 26th February, 2021 vide which a booklet containing "Guidelines on
publicity of criminal antecedents by political parties and candidates" was forwarded to you.

2. In light of Hon'ble Supreme Court's judgment dated 10.08.2021 in the matter; the above
booklet has been updated and is being forwarded herewith for your information and future
reference.

3. This shall be informed to all DEOs/ROs in the State/ Union Territory for necessary
action on their part.
4. This shall also be circulated to all the political parties based in the State i.e. the State
Units of the recognised National parties and recognised State parties of other States and all
registered un-recognised National/State political parties with headquarters based in your State!
Union Territory, with instructions to take note of the above direction for strict compliance both
by the parties and their candidates in all future elections.

Yours faithfully,

TOLIA)
TARY

(
 GUIDELINES OF
ELECTION COMMISSION OF
INDIA
ON
PUBLICITY OF
CRIMINAL ANTECEDENTS
BY POLITICAL PARTIES &
CANDIDATES
In Compliance with Hon'ble Supreme Court's Decisions in WP
(C) No. 784 of2015 (Lok Prahari Vs. Union of India & Others)
and in WP (C) No. 536 of2011 (Public Interest Foundation &
Ors. Vs. Uol & Anr.), in contempt petition(C) no. 2192 of2018
in WP(C) no. 536 of 20 11 and in contempt petition(C) No. 656
of2020 in contempt petition (C) no. 2192 of2018 in writ
petition (civil) no. 536 of 20 11

January-2022
Election Commission of India
Nirvachan Sadan, Ashoka Road, New Delhi-Ll O001

(Available at eci.gov.in)

Code: 324.6.SDR:BK:OOl:2022
 Index
S.No. Subject Page No.
1. Introduction 2-9
2. Format C-l 10-11

3. Format C-2 12-13

4. Format C-3 14-15
5. Format C-4 16

6. Format C-5 17
7. Format C-6 18

8. Format C-7 19-20

9. Format C-8 21-22
10. FormatCA 23
11. Annexure 24-47

1
SUbject: - Publicity of criminal antecedents by Political Parties & Candidates-

Reference: - I-No. 3/4/2017/SDRlVol.II dated 10th October, 2018

2-No. 3/4/2019/SDRlVol.l dated 19th March, 2019

3-No. 76IECIIINSTIFUNCIEEMIEEPS/2019NOL. XVII dated s" May, 2019

4-No. 3/4/2019/SDRlVol.III dated 30th August, 2019

S-No. 3/4/2020/SDRIV01.111 dated 6th March, 2020

6-No. 3/4/2020/SDRlVol.III dated 19th March, 2020

7-No. 3/4/2019/SDRlVol.IV dated 16th September, 2020

8- No. 3/4/2019/SDRlVoI.lV dated 30th October, 2020

9- No. 3/4/2020/SDRlVol.III dated tr" January, 2021

10- No. 3/4/20211SDRlVol.III dated 26th August, 2021

INTRODUCTION

Indian elections are extremely competitive. In 1ih General Elections, 2019, a total of

8054 candidates belonging to 673 political parties including independents vied for 543 seats in

the Lok Sabha. One of the main concerns of electoral environment has been the participation of

some candidates with criminal backgrounds. Hon'ble Supreme Court in its catena of judgments

[dated 13th March, 2003 in Civil Appeal No. 490 of 2002 (People's Union for Civil Liberties and

another v Union of India)] facilitated disclosure of full background including criminal

antecedents and financial status of every candidate in the form of affidavit. Subsequently, in WP

(C) No. 784 of 2015 (Lok Prahari Vs. Union of India & Others) and WP (C) No. 536 of 2011

(Public Interest Foundation & Ors. Vs. Union oflndia & Am. the Court on 25th September, 2018

directed vide Para 4:

(i) Each contesting candidate shall fill up the form as provided by the Election

Commission and theform must contain all the particulars as required therein.

2
 (ii) It shall state, in bold letters, with regard to the criminal cases pending against

the candidate.

(iii) If a candidate is contesting an election on the ticket of a particular party,

he/she is required to inform the party about the criminal cases pending against

him/her.

(iv) The concerned political party shall be obligated to put up on its website the

aforesaid information pertaining to candidates having criminal antecedents.

(v) The candidate as well as the concerned political party shall issue a
declaration in the widely circulated newspapers in the locality about the
antecedents of the candidate and also give wide publicity in the electronic media.
When we say wide publicity, we mean that the same shall be done at least thrice
afterfiling of the nomination papers. "

2. In pursuance of this, Election Commission issued detailed instructions on 10th October 2018.

In its directions, it prescribed six forms for the following purposes:

Formats Action to be taken by Platform

Cl Candidates News Paper & TV
C2 Political Parties Newspaper, TV & Political Party's website,
C3 Returning Officer Reminder to the Candidate.
C4 Candidate Report to be submitted before the DEO (in case of
To elections to Lok Sabha and Vidhan Sabha) or the
DEO RO (in case of elections to Rajya Sabha and
Vidhan Parishad)
C5 Political Parties Report about publishing of the declaration.
To
CEO of the State concerned
C6 CEO Report regarding compliance by the political
To parties
The Commission

3
3. The Commission also released detailed Frequently Asked Questions (FAQs) on s" November,
2018 which was reiterated on 19th March, 2019 in this regard.

4. Further, in contempt petition(C) no. 2192 of 2018 in WP(C) no. 536 of 2011, the Hon'ble
Supreme Court on l3th February, 2020, in the matter related to candidates with criminal
antecedents, directed,

"4. We have also noted that the political parties offer no explanation as to why
candidates with pending criminal cases are selected as candidates in the first place. We
therefore issue the following directions in exercise of our constitutional powers under
Articles 129 and 142'of the Constitution of India:

(1) It shall be mandatory for political parties (at the Central and State election level) to
upload on their website detailed information regarding individuals with pending criminal
cases (including the nature of the offences, and relevant particulars such as whether
charges have been framed, the concerned Court, the case number etc.) who have been
selected as candidates, along with the reasonsfor such selection, as also as to why other
individuals without criminal antecedents could not be selected as candidates.

(2) The reasons as to selection shall be with reference to the qualifications, achievements
and merit of the candidate concerned, and not mere "winnability" at the polls.

(3) This information shall also be published in:

(a) One local vernacular newspaper and one national newspaper;

(b) On the officials social media platforms of the political party, including
Facebook & Twittter.

(4) These details shall be published within 48 hours of the selection of the candidate or
not less than two weeks before thefirst datefor filing of nominations, whichever is earlier.

(5) The political party concerned shall then submit a report of compliance with these
directions with the Election Commission within 72 hours of the selection of the said
candidate.

(6) If a political party fails to submit such compliances report with the Election
Commission, the Election Commission shall bring such non-compliance by the political
4
 party concerned to the notice of the Supreme Court as being in contempt of this Court's
orders/directions. "

5. Meaning of 'National' and 'Local Vernacular' Newspapers, in the context of Hon'ble

Supreme Court's Order dated 13th February, 2020, as approved by the Commission, is as below:

(a) National Newspaper- Any daily newspaper which meets all the following norms:

1. At least one edition with circulation beyond 75000 as stated by DAVP/Audit Bureau of
Circulation in publicly available records.
2. Editions in more than one State, as reflected in the publicly available records of
DAVP/Audit Bureau of Circulation.

(b) Local Vernacular Newspaper- Any daily newspaper which meets all the following norms:

1. At least one edition published within the geographical territory of the StatelUT, in the
local vernacular language, with a circulation of at least 25,000, as stated by DAVPI Audit
Bureau of Circulation in publicly available records. However, Chief Electoral Officer
may, if deemed necessary, fix a lower circulation floor, not below 15,000, in the States of
Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Tripura, and in UTs
except Delhi and Chandigarh.
2. Registered with the DIPR of the concerned StatelUT, and eligible for recervmg
advertisements from it.
3. List of local vernacular languages in each State/UT shall be specified by the CEO of the
StatelUT who may, if deemed necessary, seek advice from the DIPR of the StatelUT, in
the matter.

6. The Commission, in pursuance to this, on 6th March, 2020 prescribed two more forms for
compliance by the political parties,

Formats Action to be taken by Purpose

C7 Political Parties Newspapers, social media platforms & website of the
_l)_arty.

5
C8 Political Parties Report of compliance of the
To
Commission

7. The Commission has now decided to consolidate all related instructions on this matter so that
concerned political parties and candidates comply with the directions of Hon'ble Supreme Court,
in the interest of electors, without any difficulty.

8. Also, for ensuring periodic awareness of electors during the campaign, the Commission has
now prescribed following timeline for publicity of criminal antecedents during the period starting
from the day following the last date of withdrawal and upto 48 hours before ending with the hour
fixed for conclusion of poll,

i. Within first 4 days of withdrawal of nominations.

ii. Between next 5th - 8th days.

iii. From 9th day till the last day of campaign (the second day prior to date of poll)

(Illustration: if the last date for withdrawal is 10th of the month and poll is on 24th of the
Month, the publication of declaration shall be done in the following time period: -

i. First block for publication shall be done between 11th and 14th ofthe Month,
ii. Second block for publication shall be done between 15th and 18th the Month
iii. and the third block for publication shall be done between 19th and 220d of the Month)

9. However, timeline for publishing the details of criminal cases on the three occasions, in case

of the Rajya Sabha and State Legislative Council elections by Members of Legislative Assembly

(MLAs), shall be as under:

1. within first 2 days of withdrawal

11. Between next 3rd - 4th days; and

111. From s" day to 6th day i.e. prior to date of poll.

6
10. As directed by Hon'ble Supreme Court, such political parties must disclose the reasons of

such selection, publicize it, and intimate in the prescribed format to the Commission with 72

hours. Failure to comply with this need to be reported for contempt.

11. All contesting candidates, who have criminal antecedents must publicize the details in the

prescribed format as per timeline described at Para 7 above.

12. All those candidates who return uncontested and have criminal antecedents must

publicize the details in the prescribed format as per timeline described at Para 7 above.

13. All such candidates must disclose expenditure incurred in this regard in the prescribed format

C-4 to the cone emed District Election Officer at the time of filing of her/his return, and Abstract

statement of Election Expenses of candidates.

14. All such political parties must disclose expenditure incurred in this regard at the time of

filing their returns in format C-5 and statement of Election Expenditure of Political Parties.

15. It has been noticed that a number of candidates with criminal antecedents, have not

published the declaration in the newspapers even once as prescribed by the Commission vide its

two instructions dated io" October, 2018 and 16th September, 2020, which is in contravention to
the directions of the Hon'ble Supreme Court. In view of this, the Commission has decided to

serve a Notice to such defaulting candidates by the CEO. The Format of the Notice may be seen

in the annexure.

16. In furtherance of the directions issued by the Constitution Bench in Public Interest

Foundation (supra) and its earlier Order dated 13.02.2020, Hon'ble Supreme Court in contempt

petition (civil) No, 656 of 2020 in contempt petition (civil) no. 2192 of 2018 in writ petition

(civil) no. 536 of2011, on io" August, 2021, directed that:-

7
 "(i) Political parties are to publish information regarding criminal antecedents of
candidates on the homepage of their websites, thus making it easierfor the voter to get to
the information that has to be supplied It will also become necessary now to have on the
homepage a caption which states "candidates with criminal antecedents";

(ii) The ECI is directed to create a dedicated mobile application containing information
published by candidates regarding their criminal antecedents, so that at one stroke, each
voter gets such information on his/her mobile phone;

(iii) The ECI is directed to carry out an extensive awareness campaign to make every
voter aware about his right to know and the availability of information regarding
criminal antecedents of all contesting candidates. This shall be done across various
platforms, including social media, websites, TV ads, prime time debates, pamphlets, etc.
A fund must be created for this purpose within a period of 4 weeks into which fines for
contempt of Court may be directed to be paid;

(iv) For the aforesaid purposes, the ECI is also directed to create a separate cell which
will also monitor the required compliances so that this Court can be apprised promptly of
non-compliance by any political party of the directions contained in this Court's Orders,
asfleshed out by the ECI, in instructions, letters and circulars issued in this behalf;

(v) We clarify that the direction in paragraph 4.4 of our Order dated 13.02.2020 be
modified and it is clarified that the details which are required to be published, shall be
published within 48 hours of the selection of the candidate and not prior to two weeks
before thefirst date offiling of nominations; and

(vi) We reiterate that if such a political party fails to submit such compliance report with
the ECI, the ECI shall bring such non-compliance by the political party to the notice of
this Court as being in contempt of this Court's Orders/directions, which shall infuture be
viewed very seriously. "

17. In pursuance of the Hon'ble Supreme Court's above judgment dated 10.08.2021 the

Commission has taken following steps:-

8
i) A dedicated mobile application naming 'Know Your Candidate' has been developed

which contains information regarding criminal antecedents of the candidates as declared by

them. The mobile application is available on Commission's website and can also be downloaded

from Google Play Store and Apple App Store.

ii) A dedicated fund has been created for voter's awareness campaign and to make available

the information regarding criminal antecedents of all contesting candidates for general public.

Any fine imposed by Hon'ble Supreme Court on political parties regarding non-compliance of

its above orders is to be submitted in the above fund. This has been intimated to all political

parties vide Commission's letter no. No. 3/4/20211SDRIVOL.III, dated 26th August, 2021.

iii) A separate dedicate Cell has been created in the Commission to deal with the matters

pertaining to publication of criminal antecedents of the candidates vide Commission's Office

Order dated 17.09.2021.

9
 This may be published in Newspapers and TV from the day following the last date for
withdrawal of candidature and upto two days before the date of poll
Format C-l

(for candidate to publish in Newspapers, TV)

Declaration about criminal cases

(As per the judgment dated zs" September, 2018, of Han 'ble Supreme Court in WP (Civil) No.
536 of2011 (Public Interest Foundation & Drs. Vs. Union of India &Anr.)

Name and address of candidate:---------------------------

Name of political party: _

(Independent candidates should write "Independent" here)

Name of Election

*Name of Constituency: _

I (name of candidate), a candidate for the

abovementioned election, declare for public information the following details about my criminal
antecedents:

(A) Pending criminal cases

S1.No. Name of Court Case No. Status of Section(s) of Acts concerned
and dated case(s) and brief description of
offence(s)

(D) Details about cases of conviction for criminal offences

S1.no. Name of Court & Description of offence(s) & Maximum Punishment
date(s) of order(s) punishment imposed Imposed

*Inthe case of election to Council of States or election to Legislative Council by MLAs, mention
the election concerned in place of name of constituency.
10
Note:-

1. The particulars regarding criminal cases pending against the candidate

shall be in bold letters.
2. The matter in newspapers shall be published in font size of at least 12.
3. Details should be given separately for each case in separate rows.
4. If a candidate is contesting an election on the ticket of a particular
party, he/she is required to inform the party about the criminal cases
pending against him/her.
S. The candidate shall report about publishing of declaration regarding
criminal cases immediately after such publication to the Returning
Officer. In addition, he shall submit a report about publishing of the
declaration regarding cases in Format C-4 along with the account of
election expenses within 30 days of declaration of result of election. (a)
In case of elections to the Lok Sabha and the Legislative Assemblies,
this shall be submitted to District Election Officer concerned, (b) In case
of elections to the Rajya Sabha and the State Legislative Council, this
shall be submitted to the Returning Officer concerned

11
 This may be published in Newspapers and TV from the day following the last date for
withdrawal of candidature and upto two days before the date of poll

FormatC-2

(Forpolitical party to publish in website, newspapers, TV)

Declaration about criminal antecedents of candidates set up by the party

(Asper thejudgment dated zs" September, 2018 of Hon 'ble Supreme Court in WP (Civil) No.
536 of 2011 (Public Interest Foundation & Ors. Vs. Union of India & Anr.)

Name of Political Party: _

* Name of Election : ----------------

Name of State/ UT :------------------

1. 2 3 4 5.
Sl. Name of Name of (A) Pending criminal (8) Details about cases of
constituency candidate cases conviction for criminal offences
No.
Name Sections of Name Description Maximum
of the Acts of of Punishment
Court, concerned & Court offence(s) Imposed.
case brief & &
No. & description of date(s) punishment
status offence(s) of imposed
of the order(s)
case(s)

*Inthe case of election to Council of States or election to Legislative Council by MLAs, mention
the election concerned in place of name of constituency.

12
Note:-

1. The particulars regarding criminal cases pending against the candidate

shall be in bold letters.
2. The matter in newspapers shall be published in font size of at least 12.
3. The above information shall be published State wise for each StatelUT.
4. If a candidate is contesting an election on the ticket of a particular
party, he/she is required to inform the party about the criminal cases
pending against him/her.
5. The political party shall be obligated to put up on its website the
information pertaining to candidates having criminal antecedents.
6. The Political Party shall submit a report about publishing of declaration
regarding criminal cases in Format C5 to the Chief Electoral Officer of
the State within 30 days of declaration of result of the election
concerned.

13
 Format C-3

(Reminder to the Candidate)

Office of Returning Officer

Name of Constituency: _

Name of State

Name of Election

It is informed that as per the judgment dated 25th September, 2018, of Hon'ble Supreme
Court, in WP (Civil) No. 536 of 2011 (Public Interest Foundation & Ors. Vs. Union ofIndia &
Anr., and the directions in the Commission's letter No. 3/ERl2018/SDR, dated 10-10-2018 and
letter No. 3/4/2019/SDRIVol.IV dated 16/09/2020, all candidates with criminal cases - either
pending cases or cases of conviction in the past, are required to publish declaration regarding
such criminal cases in newspapers and TV channels on three occasions during the campaign
period for the purposes of publishing of such details. The Commission has prescribed following
timeline for publicity of criminal antecedents during the period starting from the day following
the last date of withdrawal and upto 48 hours before ending with the hour fixed for conclusion of
poll.
i) Within first 4 days of withdrawal of nominations.
ii) Between next 5th _8th days
iii) From 9th day till the last day of campaign(the second day prior to date of poll)
Since you, Sh.lSmt./Ms. (mention the name of the
candidate), a candidate nominated for the abovementioned election, have declared information
about criminal cases in Items 516 of Form-26, you are required to publish information in
newspapers having wide circulation in the constituency area and on TV channels on at least three
occasions each as mentioned above. The Format C-l for publishing the information is enclosed
herewith. You shall report about publishing of declaration regarding criminal cases
immediately after such publication to the Returning Officer. In addition, you shall submit a
report about publishing of the declaration regarding cases in Format C-4 with copies of the
newspapers publishing the information about criminal cases along with the account of
election expenses within 30 days of declaration of result of election. (a) In case of elections
to the Lok Sabha and the Legislative Assemblies, this shall be submitted to District Election

14
Officer concerned, (b) In case of elections to the Rajya Sabha and the State Legislative
Council, this shall be submitted to the Returning Officer concerned

Date: Signature, _

Name of the ROIARO _

Signature of Candidate _

Note: One copy of this should be given to candidate and one copy retained with Rt).

15
 Format C-4

Report by Candidate about publishing of declaration regarding criminal cases

Name and address of candidate:

----------------------------
Name of political party: --=-_:-:-~~-=--:---:--__:_:_-_:__----
(Independent candidates should write 'Independent' here)

Name of Election

*Name of Constituency: -------------------

-------------------------------- (name of candidate), a candidate for the abovementioned

election, certify that I have published the declaration about my criminal antecedents in newspapers and
TV channels as per the directions of the Election Commission in pursuance of the judgment dated 25th
September, 2018, of Hon'ble Supreme Court in WP (Civil) No. 536 of2011 (Public Interest Foundation
&Ors. Vs. Union of India &Anr.). Details are as follows:

SI. Newspaper Television Mode of Payment

No. (electronic/cheque/DDI
Cash)
(PI. ~ec!.W
Name of Date of Expenses Name Date & Expenses
Newspaper publishing that may of time of that may
have been channel insertionl have
incurred telecast been
(in Rs.) incurred
(in Rs.)

Copies of newspapers 10 which declaration was pubhshed are enclosed.

Date:- Name & Signature of Candidate

Note: - (i) In case of elections to the Lok Sabha and the Legislative Assemblies, this shall be submitted
along with the account of election expenses.

(ii) In case of elections to the Rajya Sabha and the State Legislative Council, this shall be
submitted to the Returning Officer concerned within 30 days of declaration of result of election.

16
 Format C-5

Report by Political Party about publishing of declaration regarding criminal cases

Name of political party: _

Name of Election

It is certified that ______________ (name of political party)has published the

declaration about the candidates with criminal antecedents on the website of the party, in newspapers and
TV channels as per the directions of the Election Commission in pursuance of the judgment dated 25th
September, 2018, of Hon'ble Supreme Court in WP(Civil) No. 536 of 2011 (Public Interest foundation &
Ors. Vs. Union ofIndia &Anr.). Details are as follows:-

SI. Website Newspaper Television Mode of

No Payment
(electronic!
cheque!
DD!Cash)
(PI. specify)
Period Name(s) of Date(s) of Expenses Name(s) Date(s) & Expenses
during Newspaper publishing incurred of channel time of incurred
which (in Rs.) insertion!t (in Rs.)
displayed elecast

Copies of newspapers In which declaration was published are enclosed.

Date:- Signature of office bearer .

Name & designation .

Note:- This report shall be submitted to the Chief Electoral Officer of the State within 30 days of
declaration of result of the election concerned.

17
 Format C-6

Statement regarding Rublishing of criminal cases against candidates set URby

Rolitical Rarties as Rer directions in the Commission's letter No.
3/4/2017ISDRN 01.11 dated re" October2 2018- Report regarding compliance by
Political Parties

Name of State/UT - ..................................

Name of the Election- ................................. (General/Bye-election, Lok Sabha/Rajya
SabhaiLegislative Assembly/Legislative Council)
Date (s} of Poll- ...........................

No. & Name of Name of Whether Whether Publishing in Publishing on

Assembly/Parli the submitted declaration Newspaper by the party Television by the
amentary Political Report In has been party
Constituency Party Format C-5 published Name(s) of Date(s) of Name(s) Date(s) &
by the party on the Newspaper publishing of time of
(YeslNo). website of Channel insertion!
the party as telecast
If yes, then per direction
date of (YeslNo).
submission.
OI-abc ABC
...
...
...
02-def DEF
...
...
and so on

Note 1- Only such Political Parties which set up candidates with criminal cases, either pending cases or cases of
past conviction, are required to submit Report in this regard to the CEO concerned.

Chief Electoral Officer

Name of the State ................

18
 Format C-7
(for political parties to publish in
the newspapers, social media platforms
& website of the party)

Information regarding individuals with pending criminal cases, who have been selected as
candidates, along with the reasons for such selection, as also as to why other individuals without
criminal antecedents could not be selected as candidates

(As per the Commission's directions issued in pursuance of the Order dated 13.02.2020 of the
Hon'ble Supreme Court in contempt petition(C) no. 2192 of2018 in WP(C) no. 536 of2011)

Name of Political Party: _

*Name of the Election: _
Name of State/UT: _

(1) Name of the Constituency- .

Name of the candidate- .

Sl.no.
1. Criminal antecedents
a. Nature of the offences
b. Case no.
c. Name of the Court
d. Whether charges have been framed or not
(YeslNo)
e. Date of conviction, if any
f. Details of punishment undergone, if any
g. Any other information required to be given
2. The rei.sons for the selection of the candidate. Selection
shall be with reference to the qualifications,
achievements and merit of the candidate, and not mere
"winnability"at the polls (not more than 100 words)
3. Reasons as to why other individuals without criminal
antecedents could not be selected as candidates (not
more than 100 words)

(2) Name of the Constituency- .

Name of the candidate- .
................................................................. and so on
* In the case of election to Council of States or States or election to Legislative Council by
MLAs, mention the election concerned in place of name of Constituency.

Signature of office bearer of the Political Party

Name and designation .
19
 Note:-

(1) Political parties (at the Central and State election level) shall upload on their website
detailed information regarding individuals with pending criminal cases (including the
nature of the offences, and relevant particulars such as whether charges have been
framed, the concerned Court, the case number etc.) who have been selected as candidates,
along with the reasons for such selection, as also as to why other individuals without
criminal antecedents could not be selected as candidates.

(2) The reasons as to selection shall be with reference to the qualifications, achievements
and merit of the candidate concerned, and not mere "winnability" at the polls.

(3) This information shall also be published in:

(a) One local vernacular newspaper and one national newspaper;

(b) On the officials social media platforms of the political party, including
Facebook & Twittter.

(4) The matter in newspapers shall be published in font size of at least 12.

(5) The above information shall be published State wise for each StatelUT.
(6) These details shall be published within 48 hours of the selection of the candidate
and not prior to two weeks before the first date of filing of nominations.

(7) Tile political party concerned shall then submit a report of compliance in
Format C-8 with the Election Commission within 72 hours of the selection of the said
candidate.

20
 Format C-8

Report of political party as required under the Commission's directions issued in pursuance of
the Order dated 13-02-2020 of Hon'ble Supreme Court in Contempt PetitioneC) No. 2192 of
2018 in WP CC)No. 536 of2011.

Name of political party: _

Details of Social Media Accounts of the party: (i)

(Facebook, Twitter etc.) (ii)

(iii)
Name of Election:

Gen Election! Bye -election to Lok Sabha / Leg. Assembly/Biennial election! Bye election to
Council of States/Leg Council
(Write the appropriate alternative)

Name of State: ----------------

It is certified that (name of political party) has published

detailed information regarding the persons with pending criminal cases in the Format prescribed
by the Commission (Format C-7) as per the directions in the Commission's letter No.
______ , dated in the following media:

Sl.no. Date of publication & cost of

publication to be mentioned
in column below
Date Cost
1. One National Newspaper (copy to be furnished)

2. One Local Vernacular Newspaper (copy to be

furnished)
3. Social Media Platforms of the party (print to be
furnished)
4. Website of the party (printout of the material
enclosed)

21
Declaration
It is declared that full information, explanation and details have been published in respect of each
of the persons with pending cases who have been selected to be the candidates of the party in the
abovementioned election, as per the directions in the Order dated 13-02-2020 of the Hon'ble
Supreme Court referred to above, and nothing has been concealed.

Place:
Signature of office bearer of the Political Party

Name and designation '" .

Date:
(seal of the Party)

Note:- This report shall be furnished at least two weeks before the date on which
nomination is proposed to be filed or within 72 hours of selection of the candidate,
whichever is earlier.

22
 Format-CA

Statement showing details of Candidates with criminal antecedents, sponsored by the political parties in election to House of People/Legislative
Assembly/Council of States/Legislative Councils to be held in 20

(As per the Commission's directic:!s issued in pursuance of the Order d:!ted 13.02.2020 of the Hon'ble Supreme court in contempt petition (C) nco
21920[2018 in WP(C) no. 536 of2011)

S.No. Name No. & Name No. of Party Name of Whether the candidate Whether the If the
of of seats affiliation Candidates has declared anything candidate has information
State Constituency about pending criminal declared anything given in
case(s) against him/her in about cases(s) of column no. 7
item 5 of Form 26 conviction(s) for & 8 is yes,
(YeslNo) criminaloffence(s) whether the
in item 6 of Form 26 political
(YeslNo) party has
sent report in
Format C8
j_YeslNo)
1 2 3 4 5 6 7 8 9

Signed by RO of the Constituency _

Date:

Countersigned by CEO State

23
 Annexure

SI.No. Commission's Instruction Date Page No.

1. No. 3/4/2017ISDRN 01.11 10th October, 2018 25-28

2. No.3/4/2019/SDRNol.1 19th March, 2019 29-31

3. No. 3/4/20 19/5DRNol.11I 30th August, 2019 32

4. No.3/4/2020/SDRNol.11I 6th March, 2020 33-35

5. No. 3/4/2020/SDRN 01.111 19th March, 2020 36

6. No. 3/4/202O/SDRNol. IV 16th September, 2020 37-40

7. No. 3/4/20 19/5DRNol.IV 30th October, 2020 41-43

8. No. 3/4/2020/SDRN 01.111 11th January, 2021 44-45

9. No. 3/4/2020/SDRN 01.111 26th August, 2021 46-47

24
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-I 10001
No.3/4/2017/SDRIVol.II Dated: lOlh October, 2018

To,
The Chief Electoral Officers of
All States and Union Territories.

Sub:- (i) Supreme Court's Judgment on the petition regarding people

with criminal antecedents contesting elections;
(ii) Amendments in Form-26 (Format of affidavit by candidates).

Sir/Madam,
The candidates at all elections are required to file affidavit in Form-26, along

with nomination paper, declaring information about criminal cases, assets, liabilities

and educational qualifications. Form-26 has now been amended vide Ministry of Law

& Justice Notification No. H.1l019(4)/2018-Leg.ll, dated io" October, 2018. The
amendments made in Form-26 are in pursuance of the directions in the judgements

of the Hon'ble Supreme Court in Writ Petition(C) No. 784 of 2015 (Lok Prahari Vs.

Union of India & Others) and Writ Petition (Civil) No. 536 of 2011 (Public Interest

Foundation & Ors. Vs. Union of India & Anr.). A copy of the said notification along

l ;'
with a copy of the updated Form-26 is enclosed herewith. The candidates are now

required to file the affidavit in the amended Form-26.

/
2. In the judgement in Writ Petition (Civil) No. 536 of 2011, the Hon'ble

Supreme Court has, inter alia, given the following directions:-

It (i) Each contesting candidate shall fill up the form as provided by the Election
Commission and the form must contain all the particulars as required
therein.
(ii) It shall state, in bold letters, with regard to the criminal cases pending
against the candidate.
(iii) If a candidate is contesting an election on the ticket of a particular party,
he/she is required to inform the party about the criminal cases pending
against him/her.
 (iv) The concerned political party shall be obligated to put up on its website
the aforesaid information pertaining to candidates having criminal
antecedents.
(v) The candidate as well as the concerned political party shall issue a
declaration in the widely circulated newspapers in the locality about the
antecedents of the candidate and also give wide publicity in the electronic
media. When we say wide publicity, we mean that the same shall be done
at least thrice after filing of the nomination papers."

3. In pursuance of the abovementioned judgement, the Commission, after

due consideration, has given the following directions to be followed by

candidates at elections to the Houses of Parliament and Houses of State

Legislatures who have criminal cases against them, either pending cases or cases
of conviction in the past, and to the political parties that set up such candidates :-

(a) Candidates at elections to the House of the People, Council of States,

Legislative Assembly or Legislative Council who have criminal cases against

them - either pending cases or cases in which candidate has been convicted,

shall publish a declaration about such cases,for wide publicity, in newspapers

with wide circulation in the constituency area. This declaration is to be

/ published in Format C-1 attached hereto, at least on three different dates

from the day following the last date for withdrawal of candidatures and upto

two days before the date of poll. The matter should be published in font size

of at least 12 and should be placed suitably in the newspapers so that the

directions for wide publicity are complied with in letter and spirit.

(Illustration: If the last date for withdrawal isur

of the Month and 0011 is on
24th of the Month, the publishing of declaration shall be done between u"
and 22nd of that Month).
(b) All such candidates with criminal cases are also required to publish the

above declaration on TV channels on three different dates during the

abovementioned period. But, in the case of the declaration in TV Channels,
the same should be completed before the period of 48 hours ending with the

hour fixed for conclusion of poll.

...
(c) In the caseof all candidates who havecriminal casesas perthe declarations

in Items 5 and 6 of Fom-26, the Returning Officer shall give a written reminder

about the directions herein for publishing declaration about the criminal cases
in newspapers and TV channels for wide publicity. A standard format for such

/ reminder to the candidates is annexed as Format C-3. The candidates shall

submit the copies of newspapers in which their declaration in this regard was

published to the District Election Officer, along with their account of election

expenses.

(c) In the case of candidates with criminal cases set up by political parties,
whether recognized parties or registered un-recognized parties, such
candidates are required to declare before the Returning Officer concerned that
they have informed their political party about the criminal casesagainst them.

Provision for such declaration has been made in Form-26 in the newly inserted

Item (6A).

4. The Political Parties - recognized parties and registered un-recognised

parties, which set up candidates with criminal cases,either pending casesor cases

of past conviction, are required to publish declaration giving details in this regard

on th ~irwebsite as well as in TV channelsand newspapers having wide circulation

in the State concerned. This declaration by political parties is to be published in

/ Format C-2, annexed hereto. Publishing of the declaration in newspapers and TV

channels is required to be done atleast on three different dates during the period
mentioned in Para-2(a)above. In the caseof TV channels, it shall be ensured that
the publishing should be completed before the period of 48 hours ending with the

hour fixed for conclusion of poll for the election. All such political parties shall
submit a report to the Chief Electoral Officer of the State concerned stating that
they have fulfilled the requirements of these directions, and enclosing therewith
the paper cuttings containing the declarations published by the party in respect of

the State/UT concerned. This shall be done within 30 days of completion of

election. Thereafter, within the next 15 days, the Chief Electoral Officer should

submit a report to the Commission confirming compliance by the parties

concerned, and pointing out cases of defaulters, if any.

5. It may also be noted that the provisions for the additional affidavit in

respect of dues against Govt. accommodation, if any, that may have been allotted

to the candidates, have now been incorporated in Form-26 itself under Item (8)

relating to liabilities to Public Financial Institutions and Govt. Therefore, the

candidates shall give the requisite declaration/particulars in this regard in Item (8)

of Form-26. Accordingly, the candidates are now not required to file the additional

affidavit prescribed under the Commission's Order No. 509/11/2004-JS-I, dated 3rd

February, 2016, as the provisions are now part of Form-26 itself.

6. This letter may be circulated to all DEOs, ROs in the State/Union

Territory for necessaryaction on their part. This shall also be circulated to all the

political parties basedin the State, i.e. the State Units ofthe recognized Partiesand

recognized State parties of other States and all registered un-recognized political

parties with headquarters basedin your State/Union Territory, with instructions to

take note of the above directions and the amendments in Form-26.

7. Pleaseacknowledge receipt and confirm action taken.

YOU~

(K.F. WILFRED)
Sr. PRINCIPAL SECRETARY
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi -110 001
No.3/4/2019/SDRlVol-I Dated: 19th March, 2019
To,

The Chief Electoral Officers of

All States and UTs

Subject: - FAQs on Criminal Antecedents, if any, of a candidate and its publicity in pursuance
of Hon'ble Supreme Court Judgment dated 25/09/2018 in W.P.(C) No. 536 of 2011-
regarding.

Sir/Madam,

I am directed to invite your reference to the Commission's directions in letter of even

No. dated ]0/10/2018 issued in pursuance of Hon'ble Supreme Court Judgment dated

25/09/2018 in W.P.(C) No. 536 of2011. In view of the various queries raised in this regard, a

/ set of FAQs and clarifications in this regard is enclosed.

2. The FAQs may be circulated to all DEOs, Returning Officers, officers connected to

elections and the Political Parties based in your State. for their information.

3. In the Commission's abovementioned letter, it has been inter alia, directed that after the

election the candidates shall submit a report about publishing of declaration to the DEO and the

Political parties to the CEO of the State. The Commission has provided formats C-4 and C-5 for

I this purpose. The formats are also enclosed. These shall also be circulated to the DEOs, ROs

and all political parties based in the State.

Yours ~r:I:'
(N.T~utia)
Secretary

Copy to: All Recognized National and State Political Parties

FAQs : Criminal Antecedents, if any, of a candidate and its publicity in pursuance of
Hon'ble Supreme Court judgement dated 25-09-2018 in WP (Civil) No. 536 of 2011.

Q.I Which newspapers are to be chosen for publicity by such candidates?

Ans. As per direction in the judgement of the Hon'ble Supreme Court, the declaration is required
to be published in newspapers with wide circulation in the area concerned. The CEO may get an
indicative list of various newspapers which have wide circulation in the various district/different
constituency areas in the State prepared by the State DIP. This indicative list should be shared
with the political parties and the candidates.

Q.2 When has it to be publicised?

Ans. It has already been clearly mentioned in the Commission's letter dated 10-10-2018 that the
publishing has to be during the period starting from the day following the last date for
withdrawal of candidature and up to two days before the date of poll.

Q.3 There is no column for signature. Who will authenticate it?

Ans. The format contains column for mentioning the name and address of the candidate and the
name of the political party on the top portion of the format. Thus, the name of the publisher will
be clear from the declaration. There is no need for publishing the information with the signature
of the publisher.

Q.4 What if someone publishes false information about criminal cases of another
candidate?
Ans. There are already provisions to deal with any case of publication of false statement in
relation to a candidate [Section 123 (4) of the RP Act, 51 and Section 171 G ofIPC].

Q.5 Which TV channel the declaration has to be publicised?

Ans. Please refer to the answer against Q.I above. It has to be done in TV channels which are
available/popular in the areas concerned.

Q.6 What will be the font size and duration of publicity in TV?
Ans. Font size should be the standard size used for displaying printed material on TV. Its
duration may not be less than 7 seconds.

Q.7 If a candidate does not have any criminal record, whether he/she is required to
publicise?
Ans. No. Only those candidates who have either pending criminal cases or who have been
convicted in the past are required to publish the declaration.
Q.8 Whether FIR cases have to be published by the concerned candidates and political
parties?
Ans. Yes. Under the heading 'Case No. and status of case', details regarding FIRs, mentioned in
Item-5 of Fonn-26, are required to be mentioned.

Q.9 If after filing nomination, status of criminal case changes, whether candidate can revise
the details?
Ans. It will be open to the candidate concerned to notify the revised status to the Returning
Officer and to publish that revised status only. If it is NIL, the candidate is not required to
publish it.

Q. 10 Who 'Hill bear the expenses for publishing?

Ans. Expenses, if any, will be borne by the candidate and the political parties in respective cases.

Q. 11 Whether expenditure on this account will be accounted for?

Ans. Yes. This being an expenditure in connection with the election, if expense is incurred in
this regard, the same will be counted for the purposes of election.

Q.12 Can RO act on any discrepancy in such details if pointed out?

Ans. No. RO is not supposed to enquire into correctness of declarations published by
candidate/political parties.

Q.13 In what manner, such candidates will submit the information about publicity of cases
to the DEO"
Ans. Separate formats have been specified by the Commission for the candidates and the
political parties to submit report about publishing of the declaration. These are Fonnat-C-4 for
candidates and Fonnat-C-5 for political parties.

Q.14 What happens if such candidates or such political parties do not publicise in the
manner prescribed?
Ans. Such failure may be a ground for post-election action like election petition or contempt of
Hon'ble Supreme Court.

Q.15 What are the Hours during which the information on TV channels is to be displayed?
Ans. Information should be published on TV channels during the period between 8AM and
IOPM.

Q.16 What will be the language in which the information is to be published on TV

channels?
Ans. The information should be published in vernacular language or in English.
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-l 10001
No.3/4/2019/5DR-VoI.III Dated: 30111 August, 2019

To,
The ':hief Electoral Officers of
all States and Union Territories.

Sub: (i) Supreme Court's Judgment on the petition regarding people with criminal
antecedents contesting elections;
(ii) Amendments in Form-26 (Format of Affidavit to be filed by candidates).

SirlMadam,
I am directed to invite your attention to the Commission'sletter No. 3/4/2017/SDRlVoI.II
dated 10.10.2018and letter dated 19.03.2019 whereby in pursuance of the decision of the Hon'ble
Supreme Court in the judgment in WP(c) No. 784 of 2015 (Lok Prahari Vs. Uol&Ors) and
WP(C) No. 536 of 2011 (Public Interest Foundation &Ors. Vs. Uol and Anr.), the Commission
had issued a direction that the candidates who have criminal cases against them, either pending
cases or cases of conviction in the past, and the political parties that set up such candidates shall
publish a declaration in newspapers and TV Channels in the manner prescribed in the letters
referred to above. Further, as per Para 4 of the above mentioned letter, all CEOs are requested to
submit a report to the Commission confirming compliance by parties concerned, and pointing out
cases of defaulters, if any.

In this context, it is to inform that the Commission has devised a Format C-6 for sending
the compliance report. You are, therefore requested to send the abovementioned report regarding
compliance by the political parties to the Commission in the Format C-6 in respect of the Lok
Sabha general election. The report may be submitted latest by 30.09.2019.

yoursi't~lY'

/
(N.T. liutia)
Secretary
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-llOOOl
NO.3/4/2020/SDRlVol.lII Dated: 6i11 March, 2020
To

The President/General Secretary/Chairperson/Convener,

of all recognized National and State Political Parties.

Sub: Order dated 13tb February, 2020 of Hon'ble Supreme Court in Contempt
Petition (C) No. 2192 of 2018 in WP(C) No. 536 of 2011 - Requirement of
publishing details regarding candidates with pending criminal cases- regarding.

SirlMadam,

I am directed to bring to your notice of the Hon'ble Supreme Court's Order dated
13.02.2020 in Contempt Petition (C) No. 2192 of2018 in WP(C) No. 536 of2011.

2. In this connection your attention is drawn to the Commission's instructions contained

in letters no. 3/4/2017/SDRIVol.II & 3/4/2019/5DRIVoLI dated io" October, 2018 and 19th
March, 2019 respectively in compliance of the Hon'ble Supreme Court's judgement dated
25th September, 2018, in Public Interest Foundation & Ors. V. Union of India &Anr. [WP
(Civil) No. 536 of2011].
3. The Hon'ble Supreme Court in its Order dated 13.02.2020 in Contempt Petition (C)
No. 2192 of 2018 in WP(C) No. 536 of 2011, referred to above, has given the following
directions: -

"4. We have also noted that the political parties offer no explanation as to why
candidates with pending criminal cases are selected as candidates in the first place.
We therefore issue the following directions in exercise of our constitutional powers
unc'er Articles J 29 and 142 of the Constitution of India:

(1) It shall be mandatory for political parties (at the Central and State election level)
to upload on their website detailed information regarding individuals with pending
criminal cases (including the nature of the offences, and relevant particulars such as
whether charges have been framed, the concerned Court, the case number etc.) who
have been selected as candidates, along with the reasonsfor such selection, as also as
to why other individuals without criminal antecedents could not be selected as
candidates.

Page lof3

33
 (2) The reasons as to selection shall be with reference to the qualifications,
achievements and merit of the candidate concerned, and not mere "winnability" at
the polls.

(3) This information shall also be published in :

(a) One local vernacular newspaper and one national newspaper;

(b) On the officials social media platforms of the political party, including
Facebook & Twittter.

(4) These details shall be published within 48 hours of the selection of the candidate
or not less than two weeks before thefirst date for filing of nominations, whichever is
earlier.

(5) The political party concerned shall then submit a report of compliance with these
directions with the Election Commission within 72 hours of the selection of the said
candidate.

(6) If a political party fails to submit such compliances report with the Election
Commission, the Election Commission shall bring such non-compliance by the political
party concerned to the notice of the Supreme Court as being in contempt of this Court's
orders/directions. "

4. In pursuance of the directions given by the Hon'ble Supreme Court in its Order dated
13.02.2020 and in addition to the Commission's earlier instructions dated 10th October, 2018
and 19th March, 2019, the Commission, after due consideration has directed that all political
parties, that set up candidates with criminal antecedents, either pending cases or cases of past
conviction shall scrupulously follow each of the above directions in all future elections to the
Houses of Parliament and State Legislatures. Information regarding individuals with criminal
cases, who have been selected as candidates, along with the reasons for such selection, as also
as to why other individuals without criminal antecedents could not be selected as candidates
shall be published by the political party in the newspapers, social media platform and website
of the party in the enclosed Format C-7 within 48 hours of the selection of the candidate
or not less tban two weeks before the first date for filing of nominations, whichever is
earlier.

Page2of3
5. A compliance report in the enclosed Format C-8 shall be sent to the Commission
within 72 hours of the selection of the candidate.

6. The party may note that failure to abide by the abovementioned directions will render
the party liable to contempt proceedings before the Hon'ble Supreme Court.

7. It is clarified that failure to abide by the above directions will also be treated as failure
to follow a lawful direction of the Commission for the purposes of Paragraph-16A of the
Elections Symbols (Reservation & Allotment) Order, 1968.

Yours faithfully,

Copy to: -The Chief Electoral Officers of all States and UTs with the request that a copy of
this letter may be sent to all registered political parties with headquarters in the StatelUT
including the State Units of the recognized National and State Parties.

Page30f3
 By Speed Post
ELECTION COMMISSION OF INDIA
NirvachanSadan, Ashoka Road, New Delhi-l 10001
NoJ/4/2020/SDR - Vol.III Dated: 19th March, 2020

To
The Chief Electoral Officers of
All States and UTs

SUbject: - Order dated 13th February, 2020 of Hon'ble Supreme Court in Contempt
Petition (C) No. 2192 of 2018 in WP (C) No. 536 of2011- Requirement of publishing details
regarding candidates with pending criminal cases- regarding.

Sir,
I am directed to refer to the Commission's letter of even No. dated 06.03.2020, on the
above subject and addressed to recognized political parties, a copy of the letter endorsed to CEOs
and to say that in pursuance of the directions given by the Hon'ble Supreme Court in its Order
dated 13.02.2020, if a political party fails to submit compliance report with the Election
Commission, the Election Commission shall bring such non compliance by the political party
concerned to the notice of the Supreme Court as being in contempt of the court's order.
Accordingly, the political parties shall publish information regarding candidates with criminal
antecedents with the reason for selection of such individuals in Format C-7 within the given time
and a compliance report shall be sent in Format C-8 to the Commission within 72 hours of the
selection of the candidates.
The CEOs are requested to obtain information with regard to the individuals with
criminal antecedents, selected as candidates by the political parties, in the elections being held in
their states, from the ROs concerned and furnish the same in compiled form, in the enclosed
Format CA. The information shall be sent to the Principal Secretary/Secretary of the concerned
Territorial Zone/Biennial Election Division in the Commission by the last date of making
nominations for the said election so that information of non-compliance by the political parties
may be submitted to the Supreme Court, in time.

Yours~t'~UY

(N~utia)
Secretary
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-IIOaOI
NO.3/4/2019/SDRIVol.IV Dated: 16th September, 2020
To,
The Chief Electoral Officers of
all States and Union Territories.

Sub: Supreme Court's Judgment on the petition regarding requirement of

publishing details regarding people with criminal antecedents
contesting elections;

SirlMadam,
I am directed to invite your attention to the Commission's letter No.
3/4/2017/SDRIVoi. II dated 10.10.2018, and letter dated 19.03.2019,issued in
pursuance of the Judgment of Hon'ble Supreme Court in WP(C) No. 784 of2015
(Lok Prahari Vs. Uol &Ors) ·and wrrc: NO. 536 of 2011 (Public Interest
Foundation & Ors. Vs. UoI and Anr.). In the said letters the Commission has
directed that the candidates who have criminal cases against them, either pending
cases or cases of conviction in the past, and the political parties that set up such
candidates, shall publish declaration in newspapers and TV Channels in the
manner prescribed in the letters referred to above.
. .

2. Subsequently, in pursuance of the directions given by the Hon'ble Supreme

Court in its Order dated 13.02.2020 passed in Contempt Petition(C ) No. 2192 of
2018 in WP(C) NO. 536 of 2011 and in addition to the directions in the
Commission's above said two .Ietters,· the Commission vide letter No.
3/4/2020/SDRlVol.III dated 6th March 2020, has also directed that all political
parties, that set up candidates with criminal antecedents, either pending cases or
cases of past conviction, shall scrupulously follow each of the above directions in

Page 1 of 10
all future elections to the Houses of Parliament and State Legislatures. Information

regarding individuals with criminal cases, who have been selected as candidates,
along with the reasons for selection ofsuch candidates, as also as to why other
individuals without criminal antecedents could not be selected as candidates, shall
be published by the political party in the newspapers, social media platform and
website of the party within 48 hours of the selection of the candidate or not less
than two weeks before the first date for filing of nominations, whichever is earlier.

3. The Commission has also considered the issues relating to the publicity by
the uncontested returned candidates and directed that in view of above said
directions of Hon'ble Supreme court such candidates must also publicize their

criminal antecedents in the manner as prescribed for other contesting candidates ..

4. As per the Commissions directions, the details regarding criminal cases are
to be published on three occasions during the. campaign period for the purposes of
publishing of such details. Now, Commission has considered the matter and
directed that the period specified will be decided with three blocks in following
manner, so that electors have sufficient time to know about the background of such
candidates:

a. Within first 4 days of withdrawal.

b. Between next 51h_gthdays.

c. From 9th day till the last day of campaign (the second day prior to
date of poll)

(Illustration: If the last datefor withdrawal is I ti" of the month and poll is
on 24th of the Month, the first block for publishing of declaration shall be
done between If" and 14111 of the Month, second and third blocks shall be
between is: and IStll and 1~/I and 2211d of that Month, respectively.)

Page 2 of 10
 5. The other directions in this regard as given in the Commission's letters
referred to in Para 1 & 2 above shall continue to be followed.

6. While filing the alc of election expenses the details regarding publishing of
instruction on criminal antecedents, if any, shall be provided in the prescribed
format (Format C-4). In the case of election to Rajya Sabha or State legislative
council, these details shall be submitted to the RO for the election.

7. It .nay again be stated here that as far as political parties are concerned,
they will be bound to disclose details regarding candidates selected by them in
terms of the above mentioned Hon'ble Supreme Court's Order dated
13.02.2020, Communicated vide Commission's letter No. 3/4/2020/SDRlVol.III
dated 6th March, 2020, even if their candidature is rejected during scrutiny
and/or withdraws his candidature may be followed in this regard.

8. It may be reiterated that all the expenses incurred by the candidate and the
political party in connection with the publication of the aforesaid criminal
antecedent will be accounted for the purpose of election. In this regard, the
Commission's letter No 3/4/3029/SDRlVol.-J dated 19th March 2019 may be
referred to.

9. In order to streamline the existing Formats as prescribed by the Commission

and in compliance of the Order of the Hon'ble Supreme Court, Formats CI, C2,

I and C3 have been modified by adding suitable guidelines (copies enclosed).

10. This letter may be circulated to all DEOslROs in the StatelUnion Territory
for necessary action on their part. This shall also be circulated to all the political
parties based in the State i.e. the State Units of the recognized parities and
recognized State parties of other States and all registered un-recognized political
parties with head quarters based in your StatelUnion Territory, with instruction to
Page 3 of 10
take note of the above directions for strict compliance both by the parties and their
candidates in all future elections.

11. Kindly acknowledge receipt and confirm action taken.

Yours faithfully,

(N.~a)
Secretary

Page 4 of 10
 ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELliI -110001

To,
The Chief Electoral Officer,
Bihar,
Patna.

Sub: - Non-Publishing
regarding. declaration about criminal antecedents by the candidates-Notice_

Sir,

I am directed to state that as per the information received from you in the

Commission, it has been noticed that a number of candidates with criminal antecedents, have

not published the declaration in the newspapers even once as prescribed by the Commission

vide its two instructions dated loth October, 20 J 8 and 16th September, 2020, which is in

contravention to the directions of the Hon ble Supreme Court.

I In view of above, the Commission has decided to serve a Notice to such defaulting

candidates by the CEO. The format of the Notice is sent herewith.

Yours taithfulIy~
.%"\1.\

~
Under Secretary
 NOTICE

Whereas, in WP (C) No. 784 of 2015 (Lok Prahari Vs. Union of India & Others) and
WP (C) No. 536 of 2011 (Public Interest Foundation & Ors. Vs. Union of India & Anr.), the
Hon'ble Supreme Court on 25th September, 2018 directed vide Para 4:

(i) Each contesting candidate shal//ill up theform as provided by the Election

Commission and theform must contain all the particulars as required therein.
(ii) It shall state, in bold letters, with regard 10 the criminal cases pending
against the candidate.

(iii) Ifa candidate is contesting an election on the ticket ofa particular party,
he/she is required (0 inform the party about the criminal cases pending
against him/her.

(iv) The concerned political party shall be obligated to put up on its website
the aforesaid information pertaining (0 candidates having criminal
antecedents,

(v) The candidate as well as the concerned political par'y shall issue a
declaration in the widely ctrculated newspapers in the locality about the
antecedents of the candidate and also give wide publicity in the electronic
media. When we say wide publicity, we mean that the same shall be done at
least thrice after filing ofthe nomination papers ...

Whereas, in pursuance of the above said Judgment of Hon'hle Supreme Court of

India, Election Commission issued directions vide Ictter No. 3IER/20 18/SDR, dated 10-10-
2018 and letter No. 3/4/2019/SDRIVol.IV dated 16-09-2020, that all candidates with criminal
cases-either pending cases or eases of conviction in the past, should publish declaration
regarding such criminal cases in newspapers and TV channels on three occasions during the

I campaign period for the purposes of publishing of such details in Format C-I (copy
enclosed). The Commission has prescribed following timeline for publicity of criminal
antecedents during the period starting from the day following the last date of withdrawal and
upto 48 hours before ending with the hour.fixed for conclusion of poll.
i) Within first 4 days of withdrawal of nominations.
ii) Between next 5th _81h days

iii) From 91h day till the last day of campaign (the second day prior to date of poll)

PilPP 1 nf,

~~
 Whereas, as per the information received by the RO/DEO, it has come to the
notice that you have not published the declaration in the newspapers even once as

prescribed by the Commission vide its above referred two letters dated lOth October,

2018 and 16th September, 2020, which is in contravention to the Directions of the
Hon 'ble Supreme Court.

Now, therefore, you are being given an opportunity to explain as to why not
necessary legal action should be initiated against you for such failure. You may send your
explanation by ... AM on ... , 2020 positively, failing which this office shall be
constrained to initiate further action including lodging of FIR etc. without any further
reference to you.

By Order,
Chief Electoral Ofticer,
Bihar
To,
.....................
................
.............
 ELECTION COMMISSION OF INDIA
NirvachanSadan, Ashoka Road, New Delhi-llOOOl
No.3/4/2020/SDRNoI.I1I Dated: 11th January, 2021
To

The President/General Secretary/Chairperson/Convener,

of all recognized National and State Political Parties.

Sub: Order dated 13th February, 2020 of Hon'ble Supreme Court in Contempt
Petition (C) No. 2192 of 2018 in WP(C) No. 536 of 2011 - Requirement of
publishing details regarding candidates with pending criminal cases in Rajya
Sabha and State Legislative Council elections- regarding.

SirlMadam,

I am directed to draw your attention to the Commission's letter no.

3/4/2020/SDRNOL-I1I, dated 16th September, 2020, issued in pursuance of the Order dated
13th February, 2020 of Hon 'ble Supreme Court in Contempt Petition (C) No. 2192 in WP(C)
No. 536 of2011. As per the Commission's above directions the details of criminal cases are
to be published on the following three occasions during the campaign period so that electors
have sufficient time to know about the background of such candidates:
(i) Within first 4 days of withdrawal
(ii) Between next 5th _8th days.
(iii) From 9th day till the last day of campaign (the second day prior to date of
poll).

2. In this connection, clause (d) of Section 39 of the Representation of the people Act
1951 relating to elections to Council of States and State Legislative Councils, is read as
under:-

(1) As soon as the notification calling upon the elected members or the
members of the legislativeassembly of a State or the members of the electoralcollegeof a
Unionterritory to elect a member or members is issued,the Election Commissionshall, by
notificationin the Official Gazette,appoint-

(d) the date or dates on which a poll shall, if necessary, be taken, which
or thefirst of which shall be a date not earlierthan the seventh day after the
last datefor the withdrawalof candidatures;and

3. In view of the aforesaid provision, date of poll, in case of Rajya Sabha and State
Legislative Council elections by Members of Legislative Assembly (MLAs), if required, shall
be a date not earlier than the seventh day after the date of withdrawal of candidature.
Accordingly, time line for publishing the details of criminal cases on the three occasions, in
 case of the aforesaid two elections i.e, Rajya Sabha and State Legislative Council elections by
Members of Legislative Assembly (MLAs), shall be as under:

(i) Within first 2 days of withdrawal

(ii) Between next 3rd -4th days; and
(iii) Form 5th day to 6th day i.e. prior to date of poll.
4. Kindly acknowledge receipt.

Yours faithfully,

(N.~tia)
SECRETARY

Copy to: - Chief Electoral Officers of all States and UTs for information.
'. Im,W5wd Poat
ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-ll0 001
No.3/412021/SDRlVOL.I1I Dated: 26ii August, 2021
To.
The President/General Secretary
of recognized NationallState political parties
(As per the list)

Subject: Publication of criminal antecedents by contesting candidates and political parties -

Hon'ble Supreme Court order dated 10.08.2021 in Contemp~ Petition (C) No. 656 of
2t)20 titled Brajesh Singh Vs. Sunil Arora &: Drs. - regarding.
Sir.
I am directed to refer to the subject cited and to state that the Hon'ble Supreme Court
vide its judgment dated 10.08.2021 in Contempt Petition (C) No. 656 of 2020 titled B~esh
Singh Vs. Sunil Arora &; Ors. has given the following directions:
"73. In furtherance of the directions issued by the Constitution Bench in Public Interest
Foundation (supra) and our Order dated 13.02.2020. in order to make the right of infonnation of
a voter more effective and meaningful, we find it necessary to issue the following further
directions:
(i) PolUical parties are 10 publish information regarding criminal antecedents of
cam1itiDteJon the homepage of their websites. thus making It easier for the voter to get to
the in/ormation that has to be supplied It will also become necessary now to have on the
homepage a caption which stales "candidates with criminal antecedents ":
(Ii) The ECI Is directed to create a dedicated mobile application containing
information published by candidates regarding their criminal antecedents, so that at one
stroh, each voter gets such i'fformalion on hislher mobile phone;
(iii) The Eel Is directed to carry out an extensive awareness campaign to maleeevery
voter aware about his right to know and the availabtlity of informatton regarding
criminal antecedents of all contesting candidates. This shall be done across various
platforms. including sOcial media. websites, TV ads. prime time debates. pamphlets. etc.
A fund must be created for this purpose within a period of 4 weeks into which fines for
contempt of Court may be directed to bepaid;
(iv) For the aforesaid purposes, the Eel is also directed to create a separate cell
which win also monttor the required compliances so that this Court can be apprised
promptly of non-compJiance by any political party of the directions contained in this

~.J--
, '..
, •
-2-
Court's Orders, as fleshed out by the ECl. in instructions, letters and circulars Isswd in
this behalj,'
M We clarify that the direction in paragraph 4.4 of our Order dated J 3.02.2020 be
modified and It is clarifled that the details which are required to be published, shall be
published within 48 hours of the selection of the candidate and not prior to two weeks
before the first date offill1tg of nominalions; and
(vi) We reiterate that if such a political party fails to submit such compliance report
with the ECI, the ECI shall bring such noncompliance by the political party to the notice
of this Court as being in contempt of this Court's Ordersidirecli0'!S, which shall injulll1'e
be viewed very seriously. "
2. In compliance of the Hon'ble Supreme Court directions the Election Commission of
India has created a Fund in which fines for contempt of court can be deposited. The fines can be
deposited by way of cbeque in the name of PAY AND ACCOUNTS OFFICER or through
electronic mode in the Punjab National Bank receipt accounts i.e. Nc No. 0153002100000180
(Name of the account "Collection Nc Election Commission of India', IfSC code
PUNBOO1530Q. In case the payment is made through electronic mode the details of the
transaction namely UTR No., Bank Name, Date of transaction etc. may be intimated to the
Commission, immediately.
Tbe above may be noted for future compliance.

Y:,:~fully,

(Ashwani ~ ~ohal)
Secretary

Copy to: • The Chief Electoral Officers of all States and UTs.

CODf: 22.4. g. fDR.: Sf<.!001: .2..02.2...

 ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI- 110001
No.4/MISC/ECI/LET/FUNC/JUD/SDR Dated: 23rd October, 2017

To,
The Chief Electoral Officer of
All States and Union Territories.

Sub: - Voting by Blind and infirm Voters-instructions - regarding.

Sir,
I am directed to state that Rule 49N of the Conduct of the Elections Rules, 1961, which

deals with the recording of votes of blind or infirm electors provides that if the presiding officer

is satisfied that owing to blindness or other physical infirmities an elector is unable to recognize

the symbol on the balloting unit of the voting machine or unable to record his vote by pressing

the appropriate button thereon without assistance, the presiding officer shall permit the elector to

take with him a companion of not less than eighteen years of age to the voting compartment for

recording the vote on his behalf and in accordance with his wishes. It further says that no person

shall be permitted to act as the companion of more than one elector at any polling station on the

same day.

2. For uniformity III application of the provisions in the said Rule, the Commission has

formulated the following comprehensive instructions to be followed uniformly by all States and

Union Territories for voting by blind and infirm voters at the polling station: -

(i) Infirm voters who are capable of voting by herself/himself by pressing the button of the

candidate of his choice on the balloting unit of EVM shall be permitted authorized

companion only up to Voting Compartment in the Polling Station, but not inside the

Voting Compartment. This will apply in cases where the nature of physical infirmity is
 such that the elector needs assistance only for his movement and not for voting. The

Presiding Officer has to take decision in such cases.

(ii) Sub-rule (2) of Rule 49N provides that the Presiding Officer shall keep a record of cases

where electors record vote with the assistance of companion in Form 14A. This should

cover all cases where the companion is permitted to go into the voting compartment with

the elector to assist him in recording the vote. Cases where a companion only comes to

assist the elector in his movement and does not go into the voting compartment shall not

be included in Form 14A.

(iii) While Scrutinizing of various documents such as the Form17 A, Presiding Officers

Diaries etc, by the Observer and Returning Officer on the day following the day of poll,

Form 14A shall also be scrutinized to see whether there are unusually larger no. of cases

of companions accompanying the electors in recording votes in any Polling Station,

which may create suspicion about the fairness of poll.

(iv)As per the first proviso to sub-rule (1) of Rule 49N, one person cannot act as the

companion of more than one elector. In order to facilitate the polling staff to ensure

compliance of these provisions, application of indelible ink shall also apply to the

companion. Indelible ink shall be applied on the right index finger of the companion.

Marking of ink on the left index finger of the elector in such cases shall continue to apply

as per the existing provisions.

(v) Before an elector is permitted to take with him a companion inside the voting

compartment, the right index finger of the companion should be checked to ensure that it

is not already marked with indelible ink. If it is found to be already marked, such person

cannot be permitted to be companion for the purpose of Rule 49N.

(vi) Companion shall leave Polling Station Location immediately after assisting an

infirm/blind voter.

3. The above instructions may be communicated to all DEOs and ROs in the State and also

to the political parties based in your state.

Kindly acknowledge receipt.

(K.F. WILFRED)
Sr. Pr. Secretary
 Bye-mail

ELECTIONCOMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-llOOOl
No. 3/ER/2021/SDR/VoLlII Dated: 23rd June, 2021

To,

The Chief Electoral Officers,

of all the States/UTs.

Subject - Scrutiny of Nominations by Returning Officers - Instructions- regarding

Reference:
1. 576/3/2007/JS.1Idated 08.08.2007
2. 4/3/2008/JS-II/VoLIiI dated 02.07.2008
3. 509/442/2009-RCCdated 17.02.2010
4. 3/ER/2013/SDRVoLl1dated 06.09.2013
5. 4/2014/SDR-VoLI dated 17.09.2014
6. 4/ECI/LET/FUNC/JUD/SDR/VoL1/2016dated 29.12.2016; and
7. 576/3/ECI/LET/FUNC/JUD/SDR/2013dated 07.02.2019

Sir/Madam,

During conduct of elections, scrutiny of nomination papers presented by the contesting

candidates to the Returning Officers is the most important activity. Section 32 to 39A of the

Representation of People Act, 1951 provide for detailed legal provisions on scrutiny of nominations.
Under these provisions, the Commission has issued detailed guidelines from time to time on every

aspect of scrutiny of nominations. These instructions are compiled and available in the Handbook for
Returning Officer, 2019. Besides,before every election, the Commission generally issues instructions
to the Chief Electoral Officers in this regard.

2. Despite these provisions and instructions, it has come to notice of the Commission that
Returning Officers sometimes conduct themselves in such a manner that it appears to all concerned

that they are not following this code of conduct. During the recently concluded general election to
Kerala state assembly, High Court of Kerala, while disposing writ petitions W.P.(C) Nos. 7358, 7359,
7369, 7371 and 7372 of 2021 challenging the decisions of Returning Officers of certain assembly
constituencies, noted with the concern that Returning Officers in different constituencies were

resorting to different parameters in the matter of acceptance of nominations, scrutiny of nominations

 2

and acceptance of various forms, when some candidates got the benefit of liberal approach of the

Returning Officers, some other were put to disadvantageous position affecting their statutory right

under the RPAct to contest in the election. The Hon'ble High Court further observed that the Election
Commission shall take necessarysteps so that such differential treatment is excluded and the purity

of election process is preserved.

3. Scrutiny of nomination papers is a quasi-judicial function. Returning Officer therefore, has to

discharge his duty strictly as per guidelines and in accordance with highest judicial standards. He
should be fair, impartial and treat all candidates equally. It is the bounden duty of the Returning
Officer to receive the nomination, peruse it, point out the defects, if any and allow the candidate to
rectify the defects and when the defects are not removed then alone question of rejection of

nomination would arise. Section 36(4) clearly mentions that the Returning Officer shall not reject any
nomination paper on the ground of any defect which is not of a substantial character.

4. Considering the concern raised by the Kerala High Court, the Commission hereby reiterates its

I
instructions related to the nomination and scrutiny of nomination papers contained in the letters

referred to above. (a copy of each of the letters is enclosed herewith for ready reference)

5. The above instructions shall be brought to the notice of all the Returning Officers through
trainings also for strict compliance, in future elections.

6. Kindly acknowledge receipt.

Yours faithfully,

OLlA)
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi -110 001.

No. 576/3/2007/JS-II
Dated:- 8th August, 2007.
To

/The Chief Electoral Officers of

all States & Union Territories.
SUbject:-
Filing of nomination as candidate set up by more than one party-
Instructions.

SirlMadam,

Allotment of symbols to candidates is governed by the provisions of

Election Symbols (Reservation & Allotment) Order 1968. Paras 13 and 13A of the
Election Symbols (Reservation & Allotment) Order, 1968 provide the conditions as to
when a candidate shall be deemed to be set up by a political party. There are express
provisions to deal with cases where Form B (the form for communicating the name of a
party's candidate to the Returning Officer), is filed by one politicaJ party in favour of
more than one candidate (Second proviso to para 13A of the Order).

2.
Clarification has been sought regarding cases where a candidate files
nomination as candidate set up by more than one political party and both/all such parties
send Forms A and B in his favour. To deal with such situations, it may be noted that in
Form 'B', the political party concerned is required to make a declaration that the
candidate who is being set up as the party's candidate is a member of that party. One
person cannot be member of two different parties at the same time. Therefore, it follows
that if a candidate is seen to be set up by two different parties, the Returning Officer, at
the time of scrutiny, will have to look into the facts and decide which of the two parties,
the candidate is a member at the time of scrutiny and whether the candidate has ceased to
be a member of the other political party/parties mentioned in his nomination papers, and
take a decision based on these factual findings.
"

-2-

3. Accordingly, the following may be incorporated in the Handbook for Returning

Officers in 'Chapter- VIII- Allotment of Symbols' in para 4.2 after item (t), and this
new insertion may be numbered as'(tt)'.

"(tt) If a candidate claims in his nomination papers to be set up by two or

more political parties and both/all such parties have submitted Forms A
and B in his favour, the Returning Officer will, at the time of scrutiny,
examine the facts as to which of the political parties the candidate
belongs to as its member and whether the candidate has ceased to be a
member of the other political party/parties mentioned in his nomination
papers, and decide the party affiliation of the candidate accordingly".

4. The instructions of para 3 above may be brought to the notice of all

Returning OfficerslDistrict Election Officers and other election authorities for
information and reference.

5. Receipt of this letter may please be acknowledged.

yoursfai?
(S.R. KAR)
UNDER SECRETARY
 ELECTION COMMISSION OF INDIA.
Nirvachan Sadan, Ashoka Road, New Delhi-II 000 I

No.4/312008/JS-IIN ol.III Dated :2od July 2008

To

The Chief Electoral Officer of

All States/Union Territories.

Sub: Scrutiny of nomination papers - regarding.

Sir,

The qualifications for contesting election to the House of the People and State
r

v-" v
Legislative Assemblies are given in Articles 84 and 173of the Constitution and in Part II

of the Representation of the People Act, 1951. Under Sections 4,5 and 5A of the

Representation of the People Act, 1951 as the said Part II, for contesting election from a

constituency reserved for SCs/STs, a candidate must belong to SC or ST, as the case may

be. Under the law, the Returning Officer is the authority to determine whether a

candidate fulfils the requisite qualifications.

2. There have been complaints that in certain cases candidates who do not belong to

SC/ST have managed to contest elections from reserved seats by giving false declaration,

f\ .'t or on the basis of false documents, etc. There have also been several cases of Election

f. Petitions on the issue of Caste/Tribe status of candidate elected from reserved

constituencies.

3. In order to prevent cases of non-SC/ST persons contesting election from reserved

constituencies, the Returning Officers at the time of scrutiny of nominations should

satisfy themselves that the candidates contesting from reserved constituencies belong to

SC or ST, as the case may be. Wherever in doubt, the Returning Officer must insist on
 •
production of SC/ST certificate issued by competent authorities. Where, however, the

certificate produced by the candidate is also challenged, the Returning Officer need not

go into that question, except where it is alleged, that the certificate produced is forged or

is not issued by competent authority. In the case of any allegation/suspicion about the

genuineness of the certificate, the Returning Officer should get the position cross-

checked with the authority which purportedly issued the SC/ST certificate in question,

before deciding the validity of the nomination paper of the candidate concerned. If on

such cross-checking/verification, the Returning Officer is satisfied that the certificate in

question is not genuine, he should not only reject the nomination of the candidate
~ ..

concerned, but should also initiate criminal proceeding against the candidate for adducing

forged documentary evidence before him.

4. The above instructions may be brought to the notice of all the Returning Officers,

District Election Officers and also all political parties in your State, both recognized and

un-recognized.
Yours faithfully,

Copy to:

Shri P. Rajanna Dora, MLA-Salur, Shri L. Raja Rao, MLA-Paderu,

Shri Podem Veeraiah, MLA-Mulugu, Shri S. Babu Rao, MLA, Boath-24I
Ch. Babu Rarnesh, MLA- Allavaram, Andhra Pradesh Legislative Assembly,
Hyderabad.
 .r r~ ",UO· ,~~) Sf-;EED f)03)'[
(\ '),~ {

\1f~'1 LECTION COMMISSION OF INDIA 1~>

tI'- No. 509/442/2009-RCC
To,
The Chief Electoral Officers
6,
Nirvachan Sadan, Ashoka Road, New Delhi-llOOOl.
17~-7 Dated: 17th February, 2010

of all States/Union Territories.

(

Subject: In the Supreme Court of India - Civil Appeal No.... of 2009 (arising out of SLP (C)
No. 24327 of 2005) - Subhash Chandra and anr. Vs. Delhi Subordinate Services
Selection Board and ors with Writ Petition (Civil) No. 507 of 2006 - Sarv Rural &
Urban Welfare Society, through its President Vs. Union of India and ors.. ' .
Sir/Madam,
I am directed to forward herewith a copy of the judgment dated 4.8.2009,
passed by the Hon'ble Supreme Court of India in Civil Appeal No .... of 2009 (arising out of
SLP ( C) No 24327 of 2005- Sub ash Chandra & am Vs. Delhi Subordinate Services Selection
Board & Ors) with WP (C) no 507 of 2006 (Sarv Rural & Urban Welfare Society through its
President Vs Union of India & ors) on the issue of eligibility of persons belonging to
Scheduled Castes/Scheduled Tribes in one State to avail of the benefit of reservation for
SCs/STs in a different State on their migration. In the aforesaid judgment, the Hon'ble
Supreme Court has relied on earlier decisions given in Marri Chandra Shekhar Rao 115. Dean,
Seth G S Medical College & ors. [(1990) 3 SCC 130] and Action Committee on Issue of Caste
Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra & anr. Vs. Union of
India & ors. [(1994) 5 SCC 244J. The following portion from the judgment in Marri Chandra
Shekhar Rao (Supra) have been quoted, with approval, in paragraph 29 of the present
judgment:
"We may add that considerations for specifying a particular caste or tribe or class for
inclusion in the list of Scheduled Castes/Scheduled Tribes or backward classes in a given State would
depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or
class in that State which may be totally non- est in another State to which persons belonging thereto
may migrate. Coincidentally it may be that a caste or tribe bearin~ the same nomenclature is specified
in two States but the considerations on the basis of which they have been specified may be totally
different. So also that degree of disadvantages of various elements which constitute the input for
specification may also be totally different. Therefore, merely because a given caste is specified in State
A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same
nomenclature in another State the person belonging to the former would be entitled to the rights,
privileges and benefits admissible to a member of the Scheduled Caste of the latter State for th~
purposes of this Constitution. This is an aspect which has to be kept in mind and which was very much
in the minds of the Constitution makers as is evident from the choice of language of Articles 341 and
342 of Constitution."
A copy of the said judgment may be circulated to the Returning Officers of the
constituencies reserved for Scheduled Caste/Scheduled Tribe in the Legislative Assembly in
the State, for reference and guidance.
Kindly acknowledge receipt of this letter.
Yours faithfully,

,
, ,
~--
(K F WILFRED)
SECRETARY

, .....
1,.: '-".
 ~ .'rj

\<~#ECTION COMMISSION
O~INDIA
~, Nirvachan Sadan, Ashoka Road, New Delhl-llOOOl.
, No.509/442/2009-RCC /?6 3-7q +- Dated: 17thFebruary, 2010.

T6,
The Chief Secretaries
of all States/Union Territories.

Subject: In the Supreme Court of India - Civil Appeal No.... of 2009 (arising out of
SLP (C) No. 24327 of 2005) - Subhash Chandra and anr. Vs. Delhi
Subordinate Services Selection Board and ors with Writ Petition (Civil) No.
507 of 2006 - Sarv Rural & Urban Welfare Society, through its President Vs.
Union of India and ors.
Sir/Madam,
I am directed to forward herewith a copy of the judgment dated 4.8.2009,
passed by the Hon'ble Supreme Court of India in Civil Appeal No.... of 2009 (arising out of
SLP ( C) No 24327of 2005- Subash Chandra & anr Vs. Delhi Subordinate Services Selection
Board & Ors) with WP (C) no 507 of 2006 (Sarv Rural & Urban Welfare Society through its
President Vs Union of India & ors) on the issue of eligibility of persons belonging to
Scheduled Castes/Scheduled Tribes in one State to avail of the benefit of reservation for
SCs/STs in a different State on their migration. In the aforesaid judgment, the Hon'ble
Supreme Court has relied on earlier decisions given in Marri Chandra Shekhar Rao Vs. Dean,
Seth C S Medical College & ors. [(1990) 3 SCC 130J and Action Committee on Issue of Caste
Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra & anr. Vs. Union of
India & ors. [(1994) 5 SCC 244J.

The copy of the judgment may be circulated among all State authorities who are
entrusted with the responsibility of issue of SC/ST certificates in the State, for guidance and
compliance with the observations of the IIon'ble Supreme Court. The certificate issued by
them should clearly specify on the face of it that it has been issued keeping in view the
decision of the Honble Supreme Court in the above-referred case. It should also clearly
specify the geographical division/area of the State in relation to which that certificate has
been issued, as in some States certain castes have been specified for some specific areas.

Kindly acknowledge receipt of this letter.

Yours faithfully,

~
(K F WILFRED)
SECRETARY

, ......
.' ELECTION COMMisSION OF INDIA
NfRVACHAN SADAN. {\SHOKA f~OAD. Nl VV 1)1 I Iii 11nO(ll
1

.((l

Ihc (hi..-!' Elcl'wral ()t'li(l'r 01

all the States/Union I crriroric-,

SubjcC't:Disqualifieation for cunviction under Section ~ HI' Ih,pn·...

entation III' Ibc' """1'1.,
Act, 1951- Clariflcation-rcgarding.

Sir/Madam.

I am directed to invite your reference II) the C'onunissioux tWII letters he<lrill!! Nil
4f2003iJS-1i dated 6'" February. 200,; and No. 50t)!5i2005 .IS-I dated 14,0 I.:WO~ l (liP "",
enclosed) whereby clarifications were issued in connection with disqualification 1111 II,,'
ground of conviction under section S or the Representation of the People ,\d 1951 .

.., It has come to the 1),)1;(',' "I the Commisxion that ~,om~' Returning Oni"'~'I" .11111

District l-Icction Officers an: not ;1\\<11'1: [\1' the correct lcgul p""iti'lll ahoul the impact (1J "1<1\
order 01" the Appellant Court oncxccution 1)1' sentence passed h~ the Trial Court lor tl'l'
purpose or disqualification of the convicted person, In this regard, it i., once again ciarili\·t1
thai
(i) In cases where a person i~ convicted and the conviction alongv ..ith sentcnc v
awarded results in disqualification, under suo section (I). (2) 0(' (3) of Section 8. and ift!H'
Higher Court. on appeal. stays the operation of only the execution of sentence (1\

imprisonment passed hy the Trial Court, then the stay on the execution of sentence so granlt:d
by Iligher Court and release ,.f the convicted person on bail will not have the effect (.1

suspension of disqualification. In other words, the disqualification will continue h. nt'

applicable in such cases;
(ii) In cases where not just the operation of the sentence but. the conviction is als«

specifically stayed. then the disqualification will also remain suspended.

3. These clarifications may be brought to the notice Dr all the Returning Officers and th "
Assistant ReLtlming Oniccrs and all olher "'I'i'rion ilillhorities cOl1cerned, in your Stale!UT, ~c.

as to aVlJiJ I.'USCSof wrong intcrprctation of la\\ at the time of scrutiny of nominations.

4, i'indly ac~n()\\ ledge rcccipl.

Your'; lOllhlull)
i ;'1 .:t! ...
\ "

(N,t:~a,
Under Sccrctar~
Slandard distribution

I.
\
 ITEM NO. 121
•
[!CCll(W Comrmssion's letter No 4/2003!JS·H dated 06,022003, addressed to the Chief
Electoral Officer. Himachal Pradesh and copy forwarded to CEOs of remaining Stats/UTs

Subject: Oisqualificatlon for conviction under Section 8 of Representation of the

People Act, 1951 -Clariflcation

am directed to refer to your message No 3-42/96-[ l N, dated (( 1 /003, on (he

/ Yow altc:rtlon, In this connection, IS invited to thn Ccmnussions Order No

tlOY1[jlsq!n ,;~UUS.L dated 28-8-; :191, ClarifYing that a porson COf!Vl(.tn(j 01 an ofloncf)
mert.cnco rn Section 8 of the Representation of the People Act, 19!~' w;it continue tn no
treated as disqualified even if he has filed an appeal or application tor revis.on and has
boer granted bail during the pp.ndency of such appeal/ revrsio- ';.;\:11 person Will.
nowovr» , no! attract the disqualification In view of the exempt-on •mejr;: suo section (4) of
Scch)t: e r;f Representation of the People Act, 1951, if he was H s;j(Jngmen mer of Parliament or
ot a State I eqislature on the (j;;IE:~of his conviction and ;f :',(' t';lS filed an appeal or
appkillmn Inr roviston against the order of convictron/sontcncc w;!h:; three months of h.s
date o! convrchon ami the same IS pending disposal by the Court ;c such cases, subsequent
(jis:;()iUIHl!lof the ilotJse/Assembly will not have any adverse ,:itect on Ita! benefit aV811Hbie
to the Simi person under the ,!xernpllon clause under nil' said Section B(ii) and Ihe
person concerned Wit' net ce d!squalif!Hd under Section H U! ,~'ledlspesa! of HH~apoeat Dr

Hpplication for f"t!v!sion

cbtameo trorn ttw candidates regarding cases of convict-on tor ouences under Section R
1t1f0<1\;i1 ,j ';(~parale affidaVIt prc;;nioed vide the Comnlls~;I()I1's lo1lc~rNo 509lDI:,;qlrlJ97 .l S I,
dille() )B B Hr IS now covered In ihc nomination paper itself. by d recent amendment of the
C,H'duc: o: :: !f~C!!Ons Hules. 1961 A copy of the amendment nct:!tcallon has already benn
sent WIt!; tt1(~ CommiSSion's leller No, 3J4i2002/JS II. dated 25th Clclobnr, 2002 and the
above POSition has also been cianfied to you. The candidates w!1I now btl required to fde
oniy an affidaVIt prescribed H1 Foml 2b append~~d to trw ConduCi 0: Lie!:[!or1S f~ulf~S,19fil

16S
·' CompWCI\l!'ll of tnstrucuons on Conduct of E!ectiOf'lS- volurne-t'

INSTRUCTION SL. NO.9

Election Commission's letter No.: 509/5/2005-JS.!, dated 14.01,2005 addressed to the

Chief Secretaries/Chief Electoral Officers of all States and Union Territories

Subject: Representation of the People Act, 1951- Sections 8(3) and 8(4) Interpretation
thereof by the Supreme Court of India - CA No. 8213 of 2001 with Civil Appeal No. 6691
of 2002 - Forwarding of Judgment dated 11.1.2005 of the Hon'ble Supreme Court-
regarding

I am o.rectec to forward herewith a copy of the judgment of the Hon'ole Supreme Court
of lndia dated 11 12005 in the matter cited above.

it may be noted that the Hon'ble Supreme Court in the above judgment has,
il1ter-alia. held that:

:1) in the case of conviction of a person for more than one offence, in a common
trial and with the sentences of imprisonment to run consecutively. for the
purposes of Secticn 8(3) of the Representation of the People Act 1951, the
period of sentences of imprisonment for each offence should be added and
if the total length of time for which a person has been ordered to remain
In pnson consequent upon such conviction and sentences is two years or
more, the convicted person shall be disqualified under the said Section 8(3)
of the Representation of the People Act. i951;

(ii) the protection giver under sub-section (4) of Section 8 of RP Act 195j
to a sitting member of Parliament or State Legislature from incurring
disqualification will be available only so long as the House to which he
belongs continues to exist and the person continues to be a member of that
House,

J.
.
You are requested to bring the above order of the Hon'ble Supreme Court to the
notice of all returning officers and other authorities concemed for strict compliance
in future. Where elections are In progress now, this should be brought to the
notice of all Returning Officers immediately and in any case before the date of
scrutiny of nominations.

4. In this context, it mat' be clarifred that the interpretation placed by the Hon'ble
Supreme Court on the provision of Section 8(3) of the Representation of the
People Act, 1951 would be equally applicable to the provision of Section 8(2) of
the said Act.

5. Further, to remove any ambiguity, it is also clarified in conformity with the above
decision of the Hon'cie Supreme Court, that if any sitting MLA or MP, who is
presently protected under Section a(4) of the said Act till the dissolution of the
existing House to which he belongs, files his nomination for any election held
subsequent to his conviction, either for constituting a new House on the dissolution
of the existing House or even for a bye-election to an eXisting House, he shall
 Nomination. Scrutiny. Withdrawal and Allotment of Symbols

not ge1 the protection of the said Section 8(4) and he shall be deemed to be
disqualified under Section 8(1), 8(2) or 8(3) of the Act, as may be applicable to
him
6. The receipt of this letter may kindly be acknowledged and copy of instruction
issued in this behalf to the Returning Officers, etc. may be endorsed to the
Commission for its information and record.
..

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi-II 0 001
No. 4/20 14/SDR- VoU Dated: 17thSeptember, 2014

The Chief Electoral Officers

of all States and Union Territories.

Sub: - Order passed by the Hon'ble High Court of Andhra Pradesh in the matter of Dubbaka
Narsimha Reddy Vs Election Commission of India & Ors. - WP No. 12066/2014
regarding filing of false affidavit.
Sir/Madam,

I am directed to forward herewith a copy of the Order dated 9th July, 2014 passed by

the Hon'ble High Court of Andhra Pradesh in the aforesaid matter.

2. In this writ petition, the petitioner has sought a clarification to the election machinery with

regard to make an enquiry about the filing of false information by the returned candidate

educational qualification, and to take appropriate action by the election officials under Section

125A of the R. P. Act 1951. While disposing of the petition the Hon'ble High Court has

observed as under:

" 14. From a reading of the aforesaid Section (Section 125A of the Representation of

the People Act, 1951), it does not appear that Election Officer has to take any step for

initiating any criminal proceedings. The aforesaid provision nowhere says that it is the duty

coupled with power or power coupled with duty or power to take any action. It merely

provides penal measure for filing affidavit giving false information or concealing

information.

15. Further more, there is a Circular issued by the Election Commission of India

to all the Chief Electoral Officers of all States and Union territories with regard tofiling of

false affidavits in Form-26(Commission's letter No 4/20I4/SDR-vol-I dated 26th April 2014).

Paragraph 3 of the aforesaid Circular, reads asfollows:

 "3.•... Under Section I25A , there is no stipulation that complaints under that

section have to be made by the public servant concerned (in this case the R.O.). Therefore, it

would be open to any aggrieved person to move petition before tire appropriate Court of

competent jurisdiction with petition for action under section I25A in tire case 0/ any false
declaration or concealing 0/ information in tireaffidavit in Form 26."

When the guidelines have been issued that have got statutoryforce also, have

to be followed by all the concerned officials unless Statute requires expressly an officer

appointed thereunder has duty or power coupled witlrduty to act. The Court of law cannot

mandate,for concept of rule 0/ law does not permit so."

3. The above order of the High Court may be brought to the notice of all District Election

Officer and Returning Officers for elections to both the Houses of Parliament and State

Legislature for their guidance.

Yours faithfully,

(Nlia)
Under Secretary
 HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TElANGANAAND THE STATE OF ANDHRA
PRADESH

PRESENT

THE HON'BlE THE CHIEF JUSTICE SRI KAlYAN JYOTI

SENGUPTA
AND
THE HON'BlE SRI JUSTICE SANJAY KUMAR

WRIT PETITION NO,12066 OF 2014

DATED :9,7,2014

Between:

Dubbaka Narsimha Reddy ", Petitioner

And

Election Commission of India

Nirvachan Sadan
New Delhi and others ". Respondents
 THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI
SENGUPTA
AND
THE HON'BLE SRI JUSTICE SAN JAY KUMAR

WRIT PETITION NO.12066 OF 2014

ORDER: (per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta)

As it appears from the writ petition, the summary of facts is as

under. The writ petitioner and fifth respondent filed nomination to

contest Elections for 92- Nalgonda Assembly Constituency. As

required under the law, the fifth respondent was to and did file an

affidavit disclosing his personal information in Form -26. In the

affidavit filed with the Election Officer, the fifth respondent stated,

amongst others, his educational qualification as follows:

"Name of the School/University Year Course completed

Chaitanya Bharati Institute of

Techno~gy,Hyderabad 1986 (BE)"

He also mentioned in the form regarding Highest Educational

qualification as under:
Highest Educational qualification:
Name of the School/University Year Course completed
Chaitanya Bharati Institute of
Technology, Hyderabad 1986 (BE)

The footnote at the place of educational qualifications in the form

requires as follows:
"(Give details of highest School/University education with full form of
the certificate/diploma/degree course, Name of the School/ College/
University and the year in which the course was completed").
2. Contention of the writ petitioner is that the aforesaid affidavit is

not in accordance with law as prescribed. To be precise, if we have

understood correctly, the complaint of the writ petitioner is that

information supplied by the fifth respondent in the affidavit with regard

to his educational qualification is false. He has not acquired

Educational Qualification as disclosed. According to the writ

petitioner, supply of incorrect information regarding educational

qualification also amounts to concealment and suppression of real fact

and this invites not only appropriate civil action, but also criminal

action.
3. At the time of filing of the writ petition, the election was not over.

Taking note of the fact, we did not pass any interim order at all, though

prayed for. After the election was over, it was found that the fifth

respondent was elected, defeating the petitioner. In view of the

changed circumstances, the prayer of the writ petitioner has been

allowed to be amended. The prayer amended reads as follows:

"...and consequently direct the respondents2 and 3 to enquire
about the educational qualification of the 5th respondent in pursuance
of the representation dated 12-04-2014and take appropriate steps in
accordance with law."

Now relief sought for by the writ petitioner is for making enquiry
about educational qualification of the fifth respondent and taking

appropriate steps by the Election Officials.

4. Counter affidavits have been filed before the matter is taken up

for final hearing.

The election officials have stated that under the provisions of
Section 125A of the Representation of the People Act, 1951
(hereinafterreferredto as 'Act 1951'). the Election Officer has not been
given any power or duty to enquire into falsity of the statements made
in the affidavit in order to initiate criminal action grievance of which is
primarily focused right now. It is also stated that remedy of this
grievance lies elsewhere. It is further stated that at the time of filing of

the nomination, neither the law nor any pronouncement of the

Supreme Court has mandated to enquire into as asked for.

5. The fifth respondent has filed counter affidavit stating that there is

no false nor inaccurate information in the affidavit filed by him and he

has explained the same in the affidavit and we have heard it merely.

6. We are not making any comment nor rendering any decision on

this issue for the reasons, which would be explained later on.

7. In this matter, we requested Sri D. Prakash Reddy, learned

Senior Advocate, to assist us. He has accepted our request and

assisted us very ably.

8. Sri V. Venkataramana, learned Senior Counsel appearing for the

petitioner, submits that when a representation has been made for

taking an action, action should have been taken by the election

officials not doing so it resulted inaction. Hence, a direction should be

given to enquire into at this stage now. According to him irrespective

of provision of Section 125A of the Act 1951 does not prohibit from

taking action on the question of falsity.

9. Sri D. Prakash Reddy, learned amicus curiae, has brought to our

attention to the several decisions of the Supreme Court, which are

quoted hereunder,to inform this Court about the historical background
of insertion of Section 125A in the Act 1951.
(i) Union of India v. Association for Democratic Reformsand

Another
ill

(ii) People's Union for Civil Uberties v. Union of India0

(iii) Resurgence India v. Election Commission of Indialli

10. Even after the amendment,the Hon'ble supreme Court, while
taking note of the said amendmentto aforesaid Section, has explained
what would be the duty of the Election Officer to work with the
complaint of false informationor inaccurateinformationor concealment
of information in the affidavits and at what stage. Sri D. Prakash
Reddy, learned amicus curiae,says that Section 125A of Act 1951 is

very clear that any person including the petitioner himself can make a
complaint about false statementon Oath before appropriate authority.
He is fair enough to inform us that law also enables the Election Officer
to do so. The Supreme Court has recorded that at the time of filing
nomination, it is simply impossible to take action.
11. Learned Counsel for the Election Commission of India adopted
and supported the argument of Sri D. Prakash Reddy. In addition
thereto, he has produced a Circular dt.26.4.2014 issued by the
Election Commission of India, giving guidelines as to what is to be
done with regard to false declaration or concealment of information or
furnishing incorrect information in the affidavit under Section 125A of
Act 1951.
12. Learned counsel for the fifth respondent reiterating the
statements in the counter affidavit, submits that complaint can be
lodged by any person and it is not necessarythe election officer must

lodge. Therefore, there is no question of considering the

representation made by the petitioner for enquiring into the alleged
criminal action. As far as the civil consequence is concerned, it is for
the petitioner to approach appropriateforum.
13. We have heard all of them and we have considered everything
before us, including the Supreme Court pronouncement in
aforementionedcases. We are of the view that when Section 125A of
Act 1951 is incorporated, obviously with the intervention of the Court
by above decisions of the Hon'ble Supreme Court of India, it would be
suffice to read the section to know what is meant and we set out the

said Section hereunder:

"125-A. Penalty for filing false affidavit, etc.-- A candidate who himself
or through his proposer, with intent to be elected in an election, --
(i) fails to furnish information relating to sub-section (1) of
section 33A; or
(ii) gives false information which he knows or has reason to
believe to be false; or
(iii) conceals any information,
 in his nomination paper delivered under sub-section (1) of
section 33 or in his affidavit which is required to be delivered
under sub-section (2) of section 33-A, as the case may be,
shal/, notwithstanding anything contained in any other law for
the time being in force, be punishable with imprisonment for a
term which may extend to six months, or with fine, or with
both."

14. From a reading of the aforesaid Section, it does not appear that
Election Officer has to take any step for initiating any criminal
proceedings. The aforesaid provision nowhere says that it is the duty
coupled with power or power coupled with duty or power to take any
action. It merely provides penal measurefor filing affidavit giving false

informationor concealing information.

15. Further more, there is a Circular issued by the Election
Commission of India to all the Chief ElectoralOfficersof all States and
Union Territories with regard to filing of false affidavits in Form-26.
Paragraph3 of the aforesaid Circular, reads as follows:
"3.... Under Section 125A, there is no stipulation that complaints
under that section have to be made by the public servant concerned (in this
case the R.o.). Therefore, it would be open to any aggrieved person to
move petition before the appropriate Court of competent jurisdiction with
petition for action under Section 125A in the case of any false declaration or
concealing of information in the affidavit in Form 26."

When the guidelines have been issued that have got statutory
force also, have to be followed by all the concerned officials unless
Statute requires expressly an officer appointed thereunder has duty or
power coupled with duty to act. The Court of law cannot mandate,for
concept of rule of law does not permit so.
16. Thus we are unable to grant any relief as asked for, however,we
give liberty to take steps in accordance with law. This writ petition is
disposed of accordingly. There will be no order as to costs.

K.J. SENGUPTA, CJ
 SANJAY KUMAR, J
9.7.2014

bnr

Note: L.R. copy to be marked. Yes.

ill (2002) 5 see 294

rgr (2003) 4 see 399
ill AIR 2014 se 344
 S..L .N o . 2 1 l::L)

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi-I 10 001

To,
The Chief Electoral Officer of
all States and Union Territories.

Subject: Receiving of nomination forms-holidays-regarding.

SirfMadam,
I am directed to state that second proviso under Section 33( 1) of the Representation of

the People Act, 1951 provides that no nomination paper shall be delivered to Returning

Officer on a day which is a public holiday. Under Section 2(4) of the Representation of the

People Act, 1951, "Public Holiday" is defined as any day which is a public holiday for the

purposes of Section 25 of Negotiable Instruments Act, 188I.

2. The M/o Finance, Government of India vide their Notification dated 20-08-2015 have

declared holidays for Banks on second and forth Saturdays, under the Negotiable Instruments

Act, 1881.
3. In view of the above legal position, it is informed that Returning Officers should not

receive any nomination papers on 2nd and 4th Saturdays, which have been declared as

holidays under the Negotiable Instrument Act, 188I by the Finance Ministry.

4. This may be brought to the notice of all Returning Officers and other election officials

and also to the political parties based in your State/Union Territory.

Yours ~r{UllY'
(N.T~tia)
Under Secretary

2 9 DEC 2016
 ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashok Road, New Delhi-l l O 001
No.576/3IECI/LETIFUNC/JUD/SDR!2013 Dated: 7ib February, 2019
To,
The Chief Electoral Officers of
All states and Union Territories

Subject: The CHECK LIST of documents required to be filed by a candidate along with the
nomination paper-regarding

Sir/Madam,
I am directed to refer to the Commission's letter of even No. dated 12thJanuary 2017,
on the subject cited, circulating therewith the Check list of documents in connection with
filing of nomination by candidates. Reference is also invited to the Commission's letter No.
3/4/2017 ISDRIV oUT, dated 10.10.2018, with which the amended format of Form 26 was
circulated. It would be seen that the provisions of the additional affidavit regarding dues in
respect of Government accommodation have now been incorporated in the amended Form 26,
and therefore, the said additional affidavit is not required to be filed by candidates.
2. In view of the amendment in Form 26, the Checklist of documents has been amended. A
format of amended Check list is enclosed herewith.
/
3. Please replace the existing format of Check List in the ROs Handbook as well as in other

relevant records by this amended Check List.

4. The revised -format of the CHECK LIST should be brought to the notice of the all
Returning Officers for all elections conducted by the Commission, including elections to Rajya
Sabha and Legislative Councils (in the States having Legislative Council). You may kindly
ensure that all the Returning Officers, receive a copy of this letter along with the revised CHECK
LIST and acknowledgement of receipt be obtained from all to ensure that they have received the

same.
Kindly acknowledge receipt.

Yours faithfully.

~
(Binod Kumar)
Under Secretary
 (Original be kept with nomination paper and
10
Original/Duplicate
duplicate to be handed over to candidate)
Check list of documents in connection with filing of nomination

Name of constituency ······· .. ·· ················ .. ···········

Name orthe candidate .
Date and time of tiling nomination paper ..
SI. No. of nomination paper ···· .

Whether tiled (Write Yes/No) 1

SI. no. Documents
:if there is any
I detect/shortcoming 111 the

docLiments, the same should

be specitied} I
\

I. Affidavit in Form 26 -
(a) Whether all columns tilled up. I
I
(b) If not, which are blank column(s) (Please I
I
specify) i
(c) Whether the affidavit IS sworn
before an I I
I
Oath Commissioner or Magistrate of First \
I
Class or before a Notary Public.
!
\ Certified extract of electoral roll (when candidate is
I
2. II
I I
an elector of a different constituency) !
!
I
~ Form A and B (applicable in the case of candidates i
',
..
set lip by political parties)
I Copy of caste certificates (if the candidate claims to \
I 4. I
I
I belong to SC/ST) -I
I i
5. Security deposit (whether made)
I
~-
6. Oath and affirmation (whether taken)
Contd.
·••
..
~\
The following documents which have nol been filed should be filed as indicated below: -

(a) should be tiled latest by _

(b) Above mentioned columns in the Affidavit in Form 26 have been left blank. You must
submit a revised Affidavit with columns duly tilled up before the commencement of
scrutiny of nominations. failing which the nomination paper will be liable to be rejected.
(c) should be tiled latest by _

Received

......................................
(Signature of candidate) (Signature of RO/ARO)

Date & time:

Place:

N.B.
I. The Affidavit in Form 26 and Form A & B have to be filed latest by 3.00 P.M. on the last
date of tiling nominations.
2. If columns have been left blank in the affidavit in Form 26, this should be specified
against item 1, and candidate should be asked to submit an affidavit complete in all
respect latest by the time fixed for commencement of scrutiny of nominations. Failure to
submit revised affidavit complete in all respects. even after reminder by RO will be a
ground for rejection of the no 111 ination paper.
3. Oath has to be taken after filing nomination paper and before the date fixed tor scrutiny.
4. Certified extract of electoral roll can be tiled up to the time of scrutiny.
 FORM2E
(See rule 4)
NOMINA nON PAPER
Election to the Legislative Council of (State) from a Council
constituency .

Recent stamp
size

(2em X 2.5em)

photograph ill
wllitelojJ wllite

PART I

We hereby nominate as a candidate for election to the Legislative Council

of................................... (State) from the constituency.
Candidate's name .
(Father's/Mother's/Husband's name) .
His Postal address .
...................................... ..His name is entered at Sl. No in Part No .
of the electoral roll for Assembly Constituency.
We declare that we are electorals
and our name entered in the electoral roll
for (Council) constituency as indicated below
and we append our signatures below in token of subscribing to this nomination:--
P articu Iars 0fht e proposers an d tthei
err signatures
Sl.no. Electoral Roll No. of Proposer Full Name Signature Date

Part No. of SI.No. in that

Electoral Roll Part
1 2 3 4 5 6
1.
2.
3.
4.
5.
6.
7.
8.
9.
* 10.
*There should be ten per cent. of the electors of the constituency or ten such electors whichever
is less, as proposers.

1
 I, the above-mentioned candidate, assent to this a nomination and hereby declare:-
(a) I am a citizen ofIndia and have not acquired the citizenship of any foreign State;
(b) I have completed years of age;
(c) I am set up at this election by the party;
(d) my name and my (father's/mother'slhusband's name) has been correctly spelt out
above in (name of the language); and
(e) to the best of my knowledge and belief, I am qualified and not also disqualified for
being chosen to fill the seat III the Legislative Council
of (State) from
............................................................................ Council constituency.

I also declare that I have not been and shall not be, nominated as a candidate at the
present biennial electionlbye-elections being held simultaneously, to the Legislative Council of
...................................... (State) from more than two Council constituencies in the State.

Date .
Signature of the Candidate
*Score out the words not applicable

PART II
(To be filled by the candidate)

(1) Whether the candidate-

(i) has been convicted-
(a) of any offence(s) under sub-section (1); or
(b) for contravention of any law specified in sub-section (2), of section 8
of the Representation of the People Act, 1951 (43 of 1951); or YeslNo
(ii) has been convicted for any other offence(s) for which he has
been sentenced to imprisonment for two years or more.

If the answer is "Yes", the candidate shall furnish the following information:
(i) Case/First information report No.lNos .
(ii) Police station(s) District(s) .
State(s) .

2
 (iii) section(s) of the concerned Act(s) and brief description of the offence(s) for which he
has been convicted .
(iv) date(s) of conviction(s) .
(v) Court(s) which convicted the candidate .
(vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantam of
fine(s)] .
(vii) Date(s) of release from prison .
(viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) Yes/No
(ix) Date and particulars ofappeal(s)/application(s) for revision filed .
(x) Name of the court(s) before which the appeal(s)/application(s) for revision
filed .
(xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are
pending .
(xii) If the said appeal(s)/application(s) for revision has/have been disposed of--
(a) Date(s) of disposal.. .
(b) Nature of order(s) passed .

(2) Whether the candidate is holding any office of profit under the Government of India or State
Government? (Yes/No)
-lf Yes, details of the office held .
(3) Whether the candidate has been declared insolvent by any Court? (Yes/No)
-If Yes, has he been discharged from insolvency .
(4) Whether the candidate is under allegiance or adherence to any foreign country? .
(Yes/No)
-If Yes, give details ..
(5) Whether the candidate has been disqualified under section 8A of the said Act by an order of
the President? (Yes/No)
-If Yes, the period for which disqualified .
(6) Whether the candidate was dismissed for corruption or for disloyalty while holding office
under the Government ofIndia or the Government of any State? (Yes/No)
-If Yes, the date of such dismissal.. .
(7) Whether the candidate has any subsisting contract(s) with the Government either in
individual capacity or by trust or partnership in which the candidate has a share for supply of any

3
 goods to that Government or for execution of works undertaken by that
Government? (Yes/No)

-If Yes, with which Government and details of subsisting contract(s) .

(8) Whether the candidate is a managing agent, or manager or Secretary of any company or
Corporation (other than a cooperative society) in the capital of which the Central! Government
or State Government has not less than twenty-five percent share? (Yes/no)
-If Yes, with which Government and the details thereof .
(9) Whether the candidate has been disqualified by the Commission under section lOA of the
said Act.. (Yes/No)
- If yes, the date of disqualification '"

Place:
Date:
Signature of the candidate

PART III

(To be filled by the Returning Officer)

Serial No. of Nomination Paper .
This nomination was delivered to me at my office at (hour) on
........................ (date) by the candidate/proposer (Name).

Date .

Returning Officer
PART IV

Decision of Returning Officer accepting or rejecting the Nomination Paper

I have examined this nomination paper in accordance with section 36 of the

Representation of the People Act, 1951 and decide as follows:-
............................................................................................................
....................................................................................................................

Date .
Returning Officer

4
 PARTV

Receipt for Nomination Paper and Notice of Scrutiny

(To be handed over to the person presenting the nomination paper)

Serial No. of nomination paper ..

The nomination paper of a candidate for
election to the Legislative Council of (State) from
the Graduates'/(Teachers'/Local Authorities')
constituency was delivered to me at my office at (hour)
on (date) by the candidate/proposer (Name).
All nomination papers will be taken up for scrutiny at (hour) on (date)
at (Place).

Date .
Returning Officer
Note:-wherever alternative is provided score out the word(s) not applicable.

5
.. i

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi-l l 0 00 I
No 3/4/ECII LET/FUNC/JUD/SDRIVol.l/2016 Dated: oih July, 2017
To,
The Chief Electoral Officer of
all States & Union Territories

Subject: - The Conduct of Elections (Amendment) Rules, 2017-Amendment in Nomination

Forms 2A, 2B, 2C 20, 2E and Affidavit in Form 26-reg.

Sir,
I am directed to refer Commission's letter of even number dated 17th May, 2017 on the

subject cited to state that Nomination Forms 2A, 2B, 2C,2D, 2E and Form 26 appended to the

Conduct of Elections Rules, 1961, have been amended recently vide Gazette Notification S.O.

1133(E), dated ih April, 2017 copy of which has already been sent to you. By the said Amendment
Notification, Part IlIA of Nomination Forms 2A & 2B, and Part II of Nomination Forms 2C, 20 &

2E, have been amended. Further, in PART A of FORM 26 has also been amended.

A copy of the above amended Forms incorporating all the amendment is enclosed. The

amended Forms may be circulated among all District Election Officers, Returning Officers and

other election authorities concerned and also brought to the notice of all political parties including

State Units of recognized political parties for their information so that they use the amended Form

for filing nominations in future.

Kindly acknowledge receipt.

Yours fa(Jt;7IY,

(N. T. Bl1~A)
SECRETARY