MINISTRY OF LAW AND JUSTICE

(Legislative Department)

NOTIFICATION

New Delhi, the 3rd September, 2002

S.O. 93S(E).— In exercise of the powers conferred by section 169 of the Representation of

the People Act, 1951 (43 of 1951), the Central Government, after consulting the Election

Commission, hereby makes the following rules further to amend the Conduct of Elections

Rules, 1961, namery:-

1. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 2002.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Conduct of Elections Rules, 1961,-

(1) after rule 4, the following rule shall be inserted, namely:-

"4A.

Form of affidavit to be filed at the time of delivering nomination

paper.-The candidate or his proposer, as the case may be, shall, at the time of delivering

to the returning officer the nomination paper under sub-section (1) of section 33 of the

Act, also deliver to him an affidavit sworn by the candidate before a Magistrate of the

first class or a Notary in Form 26.";

(2) in each of Form 2A and Form 2B, after Part III, the following Part shall be inserted,

namery:-

'PART III A

(To be filled by the candidate)

Whether the candidate -

(i) has been convicted-

(a) of any oflence(s) under sub-section (1); or

(b) for contravention of any law specified in sub-section (2),

Yes/No.

of section 8 of the Representation of the People Act, 1951 (43 of 1951); or

(ii) has been convicted for any other oflence(s) for which he

has been sentenced to imprisonment for two years or more.

THE GAZETTE OF INDIA; EXTRAORDINARY

|PART II—SEC. 3(ii)T

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 oflfence(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 conviction(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)';

(3) in Form 2C,-

(a) after the words "Election to the Council of States", the following shall be inserted,

namely:-

"PART I";

(b) after the portion beginning with the words "We hereby nominate" and ending with

the words "Signature of the Candidate", the following Part shall be inserted, namely:-

'PART II

(To be filled by the candidate)

Whether the candidate -

(i) has been convicted -

(a) of any oflfence(s) under sub-section (1); or

(b) for contravention of any law specified in sub-section (2),

Yes/No.

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 descriptor) 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 conviction(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

c-7 V<rJ?n//<7J>_-'-3

THE GAZETTE OF INDIA. EXTRAORDINARY

[PART II—SEC. 3(ii)l

Place:

Date :

(Signature of the candidate)';

"PART III";

(d) after the portion beginning with the words "Note.-Wherever" and ending with the

words "not applicable.", the following shall be inserted, namely:-

"PART IV";

(e) after the word "Perforation

", the following shall be inserted, namely:-

"PART V";

(4) in Form 2D,-

(a) after the portion "Election to the Legislative Council of

(State) by the

Members of the Legislative Assembly.", the following shall be inserted, namely:-

"PART I";

(b) after the portion beginning with the words "We hereby nominate" and ending with

the brackets and words "(Signature of the candidate)", the following Part shall be inserted,

namely:-

'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

(b) for contravention of any law specified in sub-section (2),

Yes/No.

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 conviction(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)';

"PART III";

(d) before the words "Decision of Returning Officer accepting or rejecting the

Nomination Paper", the following shall be inserted, namely:-

"PART IV";

(e) after the brackets and word "(perforation)

", the following shall be inserted,

namely:-

THE GAZbllE OF INDIA: EXTRAORDINARY

[PART II—SF,C.3(IJ)|

"PART V";

(5) in Form 2E,-

(a) after the portion "Election to the Legislative Council of

(State) from

a Council constituency

", the following shall be inserted, namely:-

"PART T;

(b) after the portion beginning with the words "We hereby nominate" and

ending with the words "*Score out the words not applicable", the following Part

shall be inserted, nameh/:-

'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

(b) for contravention of any law specified in sub-section (2),

Yes/No.

of section 8 of the Representation of the People Act, 1951 (43 of 1951); or

(ii) has been convicted for any other oflfence(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)

Sections) of the concerned Act(s) and brief description of the offence(s) for which he

has been convicted

(iv)

Date(s) of convictions)

(v)

Court(s) which convicted the candidate

(vi)

Ptmishment(s) imposed [indicate period of imprisonments) and/or quantum of

fi«(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 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)';

"PART III";

(d) before the words "Decision of Returning Officer accepting or rejecting the

Nomination Paper", the following shall be inserted, namely:-

"PART IV";

(e) before the words "Receipt for Nomination Paper and Notice of Scrutiny", the

following shall be inserted, namely: -

"PART V";

(6) after Form 25, the following Form shall be inserted, namely:-

"FORM 26

(See rule 4A)

Affidavit to be furnished by the candidate before the returning officer for election to

(name of the House) from _____^__

constituency

(name of the constituency)

, son/daughter/wife of

aged

about

years, resident of

_ _ _ _ _

candidate at the above election, do hereby solemnly affirm / state on oath as under:-

1 HE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC, 3(ii)]

1.1 am/am not accused of any oflence(s) punishable with imprisonment for two years or more

in a pending case(s) in which a charges) 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)

Policestation(s)

District(s)

State(s)

(iii)

Sections) of the concerned Act(s) and short description of the oflfence(s) for which the

candidate has been charged

(iv)

Court(s) which framed the charges (s)

(v)

Date(s) on which the charge(s) was / were framed

(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 oflfence(s) [other than any offence(s) 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) Court(s) which punished

(iii) Police stations)

District(s)

State(s)

(iv) Sections) of the concerned Act (s) and short description of the offence (s) for which

the candidate has ever been charged

(v) Date (s) on which the sentence (s) was / were pronounced

(vi) 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 felse and

nothing material has been concealed therein.

Verified at

this

day of

, 20

Signature of deponent

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

[F. No. H-11019(12)/2002-Leg. II]

N. L. MEENA, Jt. Secy, and Legislative Counsel

Note:— The principal rules were published in the Gazette of India vide notification number S.O.

859, dated the 15* April, 1961 and last amended vide notification number S.O.90(E),

dated the 1* February, 2001.

Printed by the Manager. Oovt. of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054