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Registered No.-768/97

THE ASSAM GAZETTE

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EXTRAORDINARY

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PUBLISHED BY THE AUTHORITY

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No. 99 Dispur, Friday, 1st March, 2019, 10th Phalguna, 1940 (S. E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

ELECTION DEPARTMENT ::::: DISPUR

NOTIFICATION

The 1st March, 2019

No.ELE.185/2014/84.- The Election Commission of India's Order

No. 3/4/ID/2019/SDR/VOL.I dated 28th February, 2019 is hereby published for general

information.

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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 1, 2019

384

1.

Whereas section 61 of the Representation of the People Act. 1951 provides that

with a view preventing impersonation of electors, so as to make the right of

genuine electors to vote under section 62 of that Act more effective provisions may

be made by rules under that Act for use of Electors Photo Identity Card for electors

as the means of establishing their identity at the time of polling; and

2.

Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election

Commission to direct, with a view to preventing impersonation of electors and

facilitating their identification at the time of poll, the issue of Electors Photo

Identity Card to electors bearing their photographs at State cost; and

3.

Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961.

Stipulate that where the electors of a constituency have been supplied with Electors

Photo Identity Card under the said provisions of Rule 28 of the Registration of

Electors Rules, 1960, the electors shall produce their Electors Photo Identity Card

at the polling station and failure or refusal on their part to produce those Electors

Photo Identity Card may result in the denial of permission to vote; and

4.

Whereas, a combined and harmonious reading of the aforesaid provisions of the

said Act and the Rules, makes it clear that although the right to vote arises by the

existence of the name in the electoral roll, it is also dependent upon the use of the

Electors Photo Identity Card, where provided by the Election Commission at State

cost, as the means of establishing their identity at the time of polling and that both

are to be used together; and

5.

Whereas, the Election Commission made an Order on the 28th August, 1993,

directing the issue of Electors Photo Identity Card (EPIC) to all electors, according

to a time bound programme; and

6.

Whereas, Electors Photo Identity Card have been issued to more than 99% electors

in the country; and

7.

Now, therefore, after taking into account all relevant factors and the legal and

factual position, the Election Commission hereby directs that for the upcoming

General Election to the House of the People, 2019 and General Elections and Bye

elections to State Legislative Assemblies to be held along with the General Election

to the House of the People all electors who have been issued EPIC shall produce

the EPIC for their identification at the polling station before casting their votes.

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110001

No. 3/4/ID/2019/SDR/VOL.I

Dated 28th February, 2019

ORDER

THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 1, 2019

M. L. SUREKA,

Addl. Chief Electoral Officer, Assam,

Dispur.

Guwahati : Printed and Published by the Dy. Director (P & S), Directorate of Printing & Sationery Assam, Guwahati-21.

Extraordinary Gazette No. 197 - 10 + 10 - 01 - 03 - 2019. (visit at– www.dpns.assam.gov.in)

385

Those electors who are not able to produce the EPIC shall produce one of the

following alternative photo identity documents for establishing their identity :-

(i)

Passport

(ii)

Driving License

(iii)

Service Identity Cards with photograph issued to employees by Central/State

Govt./PSUs/Public Limited Companies.

(iv)

Pass books with photograph issued by Bank/Post Office

(v)

PAN Card

(vi)

Smart Card issued by RGI under NPR

(vii) MNREGA Job Card

(viii) Health Insurance Smart Card issued under the scheme of Ministry of Labour

(ix)

Pension document with photograph

(x)

Official identity cards issued to MPs/MLAs/MLCs. And

(xi)

Adhaar Card

8.

In the case of EPIC, clerical errors, spelling mistakes, etc. Should be ignored

provided the identity of the elector can be established by the EPIC. If an elector

produces an EPIC which has been issued by the Electoral Registration Officer of

another Assembly Constituency, such EPIC shall also be excepted for identification

provided the name of that elector finds place in the electoral roll pertaining to the

polling station where the elector has turned up for voting. If it is not possible to

establish the identity of the elector on account of mismatch of photograph, etc. The

elector shall have to produce one of the alternative photo documents mentioned in

Para 8 above.

9.

Notwithstanding anything in Para 8 above, over case electors who are registered

in the electoral roll under Section 20A of the Representation of the People Act,

1950, based on the particulars in their Passport, shall be identified on the basis of

their original passport only (and no other identity document) in the polling station.

By Order,

(K. F. WILFRED)

Sr. Principal Secretary