REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 253] NEW DELHI, SUNDAY DECEMBER 18,1966/AGRAHAYANA 27,1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OP HOME AFFAIRS

NOTIFICATION

New Delhi, the 16th December 1966

G.S.R. 1929-—In pursuance of the powers conferred by section 33 of the Goa,

Daman and Diu (Opinion Poll) Act, 1966 (38 of 1966), the Central Government,

after consultation with the Chief Election

Commissioner,

hereby

makes

the

following rules, namely:—

PART I

PRELIMINARY

1. Short title and commencement.—(1) These rules may be called the Goa,

Daman and Diu (Opinion Poll) Rules, 1966.

(2) They shall come into force at once.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) "Act" means the Goa, Daman and Diu (Opinion Poll) Act, 1966 (38 of

I960);

(b) "ballot box" includes any box, bag or other receptacle used for the

insertion of ballot paper by voters;

agent appointed under rule 37;

(d) "elector on poll duty" means any polling agent, any

polling

officer,

presiding officer or other public servant, who is an elector and is by

reason of his being on poll duty unable to vote at the polling station

where he is entitled to vote;

(931)

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[PART II-

(e) "Form" means a Form appended to these rules, and includes a translation

thereof in the language or any of the languages used for official

purposes of the Union territory;

(1) "marked copy of the electoral roll" means the copy of the electoral roll

set apart for the purpose of recording the serial numbers of ballot

papers issued to electors at the opinion poll;

(t() "political party" means any of the following political parties:—

(i) the Indian National Congress;

(il) the Frente Populare;

(ill) the Maharashtrawadi Gomantak;

(iv) the United Goans;

(h) "poll commissioner" means the opinion poll

commissioner

appointed

under section 7 and includes the assistant opinion poll commissioner

appointed under section 8;

(i) "polling agent" in relation to a polling station means any of the polling

agents appointed, by a political party, under rule 4 for that polling

station;

(j) ''polling station" means the place provided under section 11 for conduct-

ing the opinion poll;

(k) "presiding officer" includes any polling officer performing any of the

functions of a presiding officer under sub-section (2) or sub-section

(3) of section 12;

(1) "section" means a section of the Act;

(m) "service voter" means any person who is required to give his vote by

postal ballot under clause (a) of section 21.

PART II

GENERAL PROVISIONS

3. Public notice of intended opinion poll.—On the Issue of a notification under

section 16, the poll commissioner shull give public notice of the Intended opinion

poll in Form 1 and shall publish it in such manner as he thinks fit.

4. Appointment of polling agents.—(1) Every political party may appoint one

polling agent and two relief agents at each polling station.

(2) Every such appointment shall be made in Form 2 and shall be signed either

by the President or tlie General Secretary of the political party and shall be made

over to the polling agent for production nt the polling station.

(3) No polling agent shall be admitted into the polling station unless he has

delivered to the presiding officer the instrument of his appointment under sub-

rule (2) after duly completing and signing before the presiding officer the declara-

tion contained therein.

5. Publication of hours fixed for polling.—The hours fixed for the opinion poll

under section 17 shall be published by notification in the Official Gazette of the

Union territory.

6. Voting: normally to be in person.—Save as hereinafter provided, all electors

voting at the opinion poll shall do so in person at the polling station provided for

them under section 11:

Provided that an elector on poll duty may vote at any other polling station

subject to his complying with the provisions of rule 7.

7. Electors on poll duty.—Every elector on poll duty shall send an application

In Form 3 to the poll commissioner so as to reach him at least four days, or such

lesser period as the poll commissioner may allow, before the date of poll and if

the poll commissioner is satisfied that the applicant is on poll duty, he shall—

(a) issue to the applicant a poll duty certificate In Form 4;

(b) mark 'PDC against his name in the marked copy of the electoral roll

to indicate that the poll duty certificate has been issued to him; and

would otherwise have been entitled to vote.

SEC 3(1)]

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933

PART III

POSTAL BALLOT

8. Persons entitled, to vote by post.—Service voters and electors under preventive

detention shall, subject to their fulfilling the requirements hereinafter specified,

"be entitled to vote by post.

9. Electors under preventive detention.-—(1) The Administrator shall, within

15 days of the issue of the notification under section 16, ascertain and intimate

to the poll commissioner the names of the electors, if any, subjected to preventive

detention tofiether with their addresses and electoral roll numbers and the parti-

culars about their places of detention.

(2) Any elector subjected to preventive detention may, within 15 days of the

issue of notification under section 16, send an intimation to the poll commissioner

that he wishes to vote by post, specifying his name, address and place of detention.

(3) The poll commissioner shall issue a postal ballot paper to every elector

subjected to preventive detention whose name has been intimated to him under

sub-rule (1) or sub-rule (2).

10. Form of ballot paper.—(1) A postal ballot paper shall be in the same form

as the ordinary ballot paper with the words "postal ballot paper" stamped on the

reverse.

11. Issue of ballot paper.—(1) A postal ballot paper shall be sent by post under

certificate of posting to the voter together with—

(a) a declaration in Form 5;

(b) a cover in Form 6;

(d) instructions for the guidance ol the electors in Form 8.

<2) The poll commissioner shall at the same time—

(a) record the serial number of each hallot paper against the entry relating

to that elector in the marked copy of the electoral roll; and

fb) ensure that the elector is not allowed to vote at a polling station.

(3"* Every officer under whose csre or through whom a postal ballot paper is

sent shall ensure its delivery to the addressee without delay.

(41 Alter ballot papers have been issued to all the electors entitled to vote by

post, the poll commissioner shall seal up in a packet that part of the'marked copy

of the electoral roll which relates to service voters and record on the packet a

brief description of its contents and the date on which it was .sealed and send

the other relevant part of 1he marked copy to the several presiding officers for

recording the ferial numbers of ballot papers issued to the electors at the polling

.stations.

12. Recording of vote.—(1) An elector who has received a postal ballot paper

and decides to vote shall record his vote on the baUot paper in accordance with

the directions contained in Form 8, and then close it in cover in Form 6.

(2) The elector shall sign the declaration in Form 5 in the presence of and

have the signature attested by, a stipendiary magistrate or such

other

officer

specified below, as may be appropriate, to whom he is personally known or to whose

satisfaction he has been identified—

(a) in the case of a service voter, such officer as may be appointed in this

behalf by the Commanding Officer of the unit, ship or establishment

m which the voter or her husband, as the case may be, is employed

or such officer as may be appointed in this behalf by the diplomatic

or consular representative of India in the country in which such voter

is resident;

(b) in the case of an elector under preventive detention, the Superintendent

of the .Tail or the Commandant of the detention camp in which the

elector is under detention.

KAOR,

ARY

[PART II—

13. Return of ballot paper.—(1) After an elector has recorded his vote and made

his declaration under rule 12 he shall return the ballot paper and declaration to

the poll commissioner in accordance with the instructions communicated to him

in Form 8 so as to reach the poll commissioner before the hour fixed for the close

of the poll on the date or the last of the dates fixed for such poll.

(2) If any cover containing a postal ballot paper is received by the poll com-

missioner after the expiry of the time fixed in sub-rule (1), he shall note thereon

the date and time of its receipt and shall keep all such covers together

separate packet.

(3) The poll commissioner shall keep in safe custody until the commencement

of the counting of votes all covers containing postal ballot papers received by him.

PART IV

VOTING IN THK OPINION POLL

14. Design of ballot boxes.—The ballot boxes to be used at the opinion poll

shall be of the design approved by the Election Commission for use at the Parlia-

mentary and Assembly Elections in the Union territory.

15. Form of ballot papers.—Every ballot paper shall be in such form, and th&

particulars therein shall be in such language or languages, as the Chief Election

Commissioner may direct.

16. Arrangements at polling- stations.--(I) Outside each polling station there

shall be displayed prominently a notice specifying the polling area the electors of

which are entitled to vote at the polling station, and if the polling area has more

than one polling station, the particulars of the electors so entitled.

(2) At each polling station there shall be set up one or more voting compart-

ments in which electors can rer-ord their voles screened from observation.

(3) The poll commissioner shall provide at each polling station a sufficient

number of ballot boxes, copies of the relevant part of the electoral roll, ballot

papers, instruments for stamping the distinguishing mark on ballot papers and

articles necessary for electors to mark the ballot papers.

17. Admission to polling- station*.— The presiding officer shall

regulate

the

number of electors to be admitted at any one time inside the polling station and

shall exclude therefrom all persons other than—

(a) poling officers;

(b) public servants on duty in connection with the opinion poll;

(d) one polling agent of each political party;

(e) a child in arms accompanying an elector;

(f) a person accompanying a blind or infirm

elector who cannot

move

without help;

(a) such other persons as the poll commissioner or the presiding officers

may employ under sub-rule (2) of rule 20 or sub-rule (1) of rule 21.

18 Preparation of ballot boxes for poll.—(1) Where a paper seal Is used for

securing a ballot box the presiding officer shall affix his own signature on the

paper seal and obtain thereon the signatures of such of the polling agents present

as are desirous , of affixing the same.

C) The presiding officer shall thereafter affix the paper seal, shall sign in the

snace meant therefor in the ballot box and shall thep secure and seal the box

in sue™ manner that the silt for the insertion of ballot paper therein remains

open.

(3) The seals used for securing a ballot box shall be affixed in such manner

that after the box has been closed* it is not possible to open it without breaking

the seals.

SEC. 3(i)]

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935

(4) Every ballot box used at a polling station shall bear labels both inside and

outside, marked with—

(a) the serial number and name of the polling station;

(b) the serial number of the ballot box (to be filled In at the end of the

poll on the label outside the ballot box only); and

(5) Immediately heforc the commencement, of the poll, the presiding officer

shall demonstrate to the polling agents and the persons present that the ballot

box is empty and bears the labels referred to in sub-rule (4).

(0) The ballot box shall then be closed, sealed and secured and placed in full

view of the presiding officer and the polling agents.

10. Marked copy of electoral roll..—Immediately before the commencement of

(he poll, the presiding officer shall also demonstrate to the polling agents and others

present that the marked copy of the electoral roll to be used during the poll does

not contain any entries other than those macle in pursuance of clause (b) of rule

7 and clause (a) of sub-rule (2) of rule 11.

20. Facilities for women electors.--(1) Where the polling station is for both

men and women electors, the presiding officer may direct that

they

shall

admitted into the polling station alternately in separate batches.

(2) The poll commissioner or the presiding officer may appoint a woman to

serve as attendant at &ny pjllins station to assist women electors and also to

assist fie presiding officer ,-jenLi-l.y in t.-iiring the poll in respect ol women electors

and in particular to htjp

£ ran him; Miy woman elector in case it becomes

necessary.

21. Identification of electors.—(1) The presiding officer may employ

the

polling station such persons as he thinks fit to help io the identification of the

electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station,

the

presiding officer or the

polling officer authorised by him in this behalf shall check the elector's name and

-other particulars with the relevant er.tr.v in the electoral roll and then call out

the serial number, name and other particulars- of the elector.

(3) In deciding the right of a person to obtain a ballot paper the presiding

officer or the polling officer, as the case may be, shall overlook merely clerical

or printing errors in an entry in the electoial roll, ii he is satisfied that such

person is identical with the elector to whom such entry relates.

22. Facilities for public servants on poll cluty.— (1) The provisions of rule 21

shall not apply to any person who produces at ths polling station a poll duty

•certificate In Form 4 and asks for the issue of a ballot paper to him although the

polling station is different from the one where he is entitled to vote.

(2) On production ol such certificate, the presiding officer shall—

(a) obtain thereon the signature of the person producing it;

(b) have the person's name entered at the end of the marked copy of the

electoral roll; and

as for an elector entitled, to vote at that polling station.

23. Challenge of Identity.—• (1) Any polling aj,^fent may challenge tile identity of

a person claiming to be a

particular

rlec-tor by first depositing a sum of two

rupees in t-nsh with the presiding officer for rich such challenge.

(2) On such deposit bel^ri£ mar'e, th'_ 'vci-iding officer phiill—

(a) v,'srn the person challenged of the p°':a"ty *.)i' txir.cnstion;

(b) read th? rolev^n¹ entjv in the o'eMoral roll in full aM ask him whethei

he is the pjryo-.i r;''. TTC-~1 to J1 IViat entry;

(f) enter his D-. ns enr: oAlrr--^ '-i t"~..' EL: L r-* c^iallr^qerj votes in Form 9;

Eind

(?) re-;u:r"- >-''ni in .v,1^rix his si/. rAvre 1 : the siiiri Tist.

936

T H E GAZETTE OF INDIA EXTRAORDINARY

[PART II-

(3) The presiding officer shall thereafter hold a summary inquiry into

the

challenge and may for that purpose—

(a) require the challenger to adduce evidence In proof of the challenge

and the person challenged to adduce evidence in proof of his Identity;

(b) put to the person challenged any questions necessary for the purpose

of establishing his identity and require him to answer them on cath;

and

(r) administer an oath to the person challenged and any other person

offering to give evidence.

(4) If, after the inquiry, the presiding officer considers that, the challenge ha*

not been established, he shall allow the person challenged to vole; and if he con-

siders that the challenge has been established, he shall debar the person challenged

from voting.

(5) If the presiding officer is of the opinion that the challenge is frivolous or

has not been made in good faith, he shall direct that the deposit made under sub-

rule (1) be forfeitpd to Government, and in any other case, he shall return it to

the challenger at the conclusion of the Inqulry.

24. Safeguards against personation.--(1) Every elector about whose identity

the presiding officer or the polling officer, as the case may be, is satisfied, shall

allow his left forefinger to be Inspected by the presiding officer or polling officer

and an indelible ink mark to be put on it.

(2) If any elector refuses to allclw his left forefinger to be Inspected or marked

in accordance with sub^rule (1) or has already such a mark on his left forefinger

or does any act with a view to removing the ink mark he shall not be supplied

with any ballot paper or allowed to vote.

(3) Any reference in this rule to the left forefinger of an elector shall, in

the case where the elector has his Mt forefinger missing, be construed as a re-

ference to any other finger of his lolt hand, and shall in the case where all the

fingers of his left hand are missing, be construed as a reference tc the foreflnjfer

or any other finger of his right hand, and shall in the case wheret all his finders

of both the hands ore missins be construed as a reference to such extremity of

his left or right arm as he possesses.

25. Issue of ballot papers to electors.—(1) Every ballot paper shall before issue

< o an elector be stamDfcd with such distinguish mark as the Chief Election Com-

missioner may direct.

(2) At the time of issuing a ballot paper to an elector, the polling officer

shall record the serial number thereof against the entry relating to the elector

in the marked copy of the electoral roll.

(3) Save as provided in sub-rule (2), no person In the polling station shall

note down the serial number of the ballot papers Issued to particular electors.

26. Voting procedure.—(1) The elector on receiving the ballot paper shall forth-

with—

(a) proceed to the voting compartment, and if there ara more than one

voting compartment, to one of the voting compartments,

(b) there make a mark on the ballot paper with the instrument supplied

for the purpose on or near the symbol for which he intends to vote,

(d) If required, show to the presiding officer the distinguishing mark on

the ballot paper,

(e) insert the folded ballot p-^per into the ballot box, and

(f) quit the polling station.

(2) No elector shall be allowed to enter a voting compartment when another

elector is inside it.

SRO. 5(i)]

THE GAZETTE OF INDIA EXTRAORDINARY

937

27. Recording of votes of blind or lnflnn electors.—(1) If the presiding officer

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

to recognise the symbols on the ballot paper or to make a mark thereon without

assistance, the presiding officer shall permit the elector to take with him a com-

panion of not less than twenty-one years of age to the voting compartment for

recording the vote on the ballot paper on his behalf and in accordance with his

wishes, and, if necessary, for folding the ballot paper so as to conceal the vote

and inserting it into the ballot box :

Provided that no. person shall be permitted to act as the companion of more

than one elector at any polling station on the same day :

Provided further that before any person is permitted to act as the companion

of an elector on any day under this rule, the person shall be required to declare

that he will keep secret the vote recorded by him on behalf olf the elector and

that he has not already acted as the companion of any other elector at any polling

station on that day.

(2) The presiding officer shall keep a record in Form 10 of all cases under

this rule.

28. Spoilt and returned ballot papers.—(1) An elector who has inadvertently

dealt with his bailout paper In such manner that it cannot be conveniently used

as ballot paper may, on returning it to the presiding officer and on satisfying him

of the inadvertence, be given another ballot paper, and the ballot paper so re-

turned shall be marked

"Spoilt: cancelled" by the presiding officer.

(2) If an elector after obtaining a ballot paper decides not to use it, he shall

return it to the presiding officer, and the ballot paper so returned shall be marked

as "Returned : cancelled" by the presiding officer.

(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be

kept in a separate packet.

29. Tendered votes.—(1) If a person representing himself to be a particular

elector applies for a ballot paper after another persqn has already voted as such

elector, he shall, on satisfactorily answering such questions relating to his iden-

tity a£ the presiding officer may ask, be entitled, subject to the following provi-

sions of this rule, to mark a ballot paper (hereinafter in these rules referred to

as a "tendered ballot paper") in the same manner as any oither elector.

(2) Every such person shall, before being supplied

with a tendered ballot

paper, sign his name against the entry relating to him in a list in Form 11.

(3) A tendered ballot paper shall be the same as the other ballot papers used

at the polling except that it shall be—-

(a) serially the last in the bundle of ballot papers issued Tor use at the

polling station; and

(b) endorsed on the back with the words "tendered ballot paper" by the

presiding officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compart-

ment and folding it, shall, instead of putting it into the ballot box, give it to

the presiding officer who shall place it in a cover specially kept for the purpose.

30, Clow of poll.- -(1) The presiding office.' shpll rio.-se a polling station at the

hours fixed in that behalf under sielion IT and shall not thereafter admit any

elector intr> the polling station:

Provided <hJ. all electors pre.seru at U15 polling station before JL is closed shall

be allowed to east their votes,

(2) Jf any question arises whether aa elector was present at the polling station

•

i L

h i ¹- ;

shall he final.

31. Seallnr; of "ballot boxes after »i»ll — Aw soon as practicable after the closing

of the poll the prcsidir# officer shall close the slit o' the ballot box.

(2) The ballot bo:: shall thereafter bo sealed and secured.

938

THE GAZETTE OF INDIA EXTRAORDINARY

[PAKT H -

(3) Where it becomes necessary to use a second ballot box by reason of tke

first ballot box getting full, the first box shall be closed, sealed and secured as

provided in sub-rules (1) and (2) before another ballot box is put into use.

32. Account of ballot papers.—(1) The presiding officer shall at the close of

the poll prepare a ballot paper account in Form 12 and enclose it in a separate

cover with the words "Ballot Paper Account" superscribed thereon.

(2) The presiding officer shall permit any polling agent who so desires to take

a true copy of the entries made In the ballot paper account and shall attest it as

a true copy.

33. Sealim* of other packets.—(1) The presiding officer shall then make into

separate packets—

(a) the marked copy of the electoral roll;

(b) the unused ballot papers;

(d) the cover containing the tendered ballot papers and the list in Form 11;

(e) the list of challenged votes; and

(f) any other papers directed by the Chief Election Commissioner to be

kept in a sealed packet.

(2) Each such packet shall be scaled with the seals of the presiding officer

and of those polling agents present who may desire to affix their seals thereon.

34. Transmission of ballot boxe-3, etc. to the poll commissioner.—(1) The presid-

ing officer shall then deliver or caus? to be delivered to the poll commissioner at

such place as the poll commissioner may direct—

(a) the ballot boxes referred to in rule 31;

(b) the ballot paper account;

(d) all other papers used at the poll.

(2) TJie poll commissioner shall make adequate arrangements

for

the

safe

transport of ballot boxes, packets and other papers and for their safe custody

until the commencement of the counting of. votes.

35. Procedure on adjournment of poll.—(1) If the poll at any polling station

is adjourned under sub-section (1) of section 18, provisions of rules 31 to 34 shall,

as far as practicable, apply as if the poll was closed at the hour fixed in that

behalf under section 17.

(2) When an adjourned poll Is recommended under sub-section (2) of section

18, the electors who have already voted at the opinion poll shall not be allowed

to vote again.

(3) The poll commissioner shall provide the presiding officer of the polling

station at which such adjourned poll is held, with the scaled packet containing

the marked copy of the electoral roll and a new ballot box.

(4) The presidiiiR officer shall open the sealed packet in the presence of the

polling agents present and use the marked copy of the electoral roll for recording

the serial numbers of the ballot papers issued to electors at the adjourned poll.

(5) The provisions of rules 14 to 34 shall apply in relation to the conduct of

an adjourned poll as they apply In relation to the poll before it was so adjourned.

PARTY V

COUNTING OF VOTES

36. Time and place for counting of votes.—The counting of votes under section

24 shall commence at 9 a.m. on the datd next succeeding the date of poll and be

done at such pi a"? as the poll commissioner may appoint; and the poll commis-

sioner shall, at least two days before the date of poll, give public notice of the

date, time and place of countirg:

Provided that if, for any reason, tlv* p-'ill commissioner finds It nccc-KFary £o

to do. he may, wi^J,h the opp-oval of Hie Chief Ejection Commissioner, alter the

date time and pli'e ?n fltryj, or nny ot them, -mil give public nntlc-

the

alteration.

Sfcc. 3(i)]

THE GAZETTE OF INDIA EXTRAORDINARY

939

37. Appointment of representatives and counting agents by political parties.—.

(1) Every political party may appoint a representative to be present at the time

of counting as provided In section 24, and may also appoint not more than fifteen

counting agents for the same purpose.

(2) Every such appointment shall be made in Form 13 and shall be

signed

either by the President or the General Secretary of the political party and shall

be made over to the representative or counting agent for production before the

poll commissioner not later than one hour before the time fixed for the commence-

ment of counting under rule 36.

38. Admission to the place fixed Dor counting.—(1) The poll commissioner shall

exclude from the place fixed for counting of votes all persons except—

(a) such persons as he may appoint to assist him in the counting;

(b) persons authorised by the Chief Election Commissioner;

(e) public servants on duty in connection with the poll; and

(d) representatives and counting agents appointed by political parties.

(2) The poll commissioner shall decide which counting agent or agents shall

watch the counting at any particular counting table or group of counting tables.

(3) Any person who during the counting of votes misconduct himseljf or fails to

obey the lawful directions of the poll commissioner may be removed from the

place where the votes are being counted by the poll commissioner or by any

police officer on duty or by any person authorised In this behalf by the poll com-

missioner.

39. Maintenance of secrecy 0/ vo'.iag.—The poll commissioner shall before he

commences the counting read the provisions of section 30 of the Act and section

128 of the Representation of People Act, 1951, to such persons as may be present.

40. Counting: of votes received by post.—-(1) The poll commissioner shall first

deal with the postal ballot papers in the manner hereinafter provided.

(2) No cover in Form 7 received by tha poll commissioner after the expiry

of the time fixed in that behalf shall be opened and no vote contained in any

such cover shall be counted.

(3) The other covers shall be opened one after another and as each cover is

opened, the poll commissioner shall first scrutinise ths declaration In Form 3

contained therein.

(4) If the said declaration is not found, or has not been

duly

signed

and

attested, or is otherwise substantially defective, or if the serial number of the

ballot paper as entered in it differs from the serial number endorsed on the cover

in Form t>, that cover shall not bo opened, and after

making

appropriate

endorsement thereon, the poll commissioner shall reject the ballot paper therein

contained.

(5) Each cover so endorsed and the declaration received with

shalJ

replaced in the cover in Form 7 and all such covers in Form 7 shall be kept in

a separate packet which shall be sealed and on which shall be recorded the date

of counting and a brief description of its contents.

(6) The poll commissioner shall then place all the declarations in Form 5 which

he has found to be in order in a separate packet which shall be sealed before

any cover in Form 6 is opened and on which sh-ill be recorded the particulars

referred to in sub-rule (5).

(7) The covers in Form 6 not already dealt with under the foregoing provisions

of this rule shall thrn an opened ona aCier another and the poll commissioner

shall scrutinif? e;irh ballot papc-¹ aiV. decide the validity of the vote recorded

thereon.

(8) A postal ballot pnper shall be rejected —

(a) If no vote, is rrcordfl tbercon; or

(b) if \h? vo'e i^ ™c:.rdc?. on or nenv both the symbols; or

94^O

THE GAZETTE OF INDIA EXTRAORDINARY

[PAUT II-

(d) if it is so damaged or mutilated that its identity as a genuine ballot

paper cannot be established; or

(e) if it is not returned in the cover sent along with it to the elector by

the poll commissioner.

(9) A vote recorded on a postal ballot paper shall be rejected if the mark

indicating the vote is placed on the ballot paper in such manner as to make it

doubtful whether the vote is for merger or for Union territory.

(10) A vote recorded c-n a postal ballot paper shall not bo rejected merely

on the ground that the mark indicating the vote Is Indistinct or made more than

once, if the intention that the vote shall be for merger or for Union territory

clearly appears from the way the paper is marked.

(11) The poll commissioner shall count all the valid votes given by postal

ballot for merger and for Union territory, record the total thereof in the result

sheet in Form 14 and announced the same.

(12^ Thereafter, all the valid ballot papers and all the rejected ballot papers

shall be separately bundled and kept together In a packet which shall be sealed

with the seals of the poll commissioner and of such of the counting agents as

may desire to affix their seals thereon and on the packet so

sealed

shall

recorded the date of counting and a brief description of its contents.

41. Scrutiny and opening of ballot boxes. --(1) The poll commissioner may have

the ballot boxes used at mure than one polling station opened and their contents

counted sirmutancouily.

(2) Before any ballot box is opened at a counting table, the counting agents

present at the table shall

allowed to Inspect the paper seal and to satisfy

themselves that it is Intact.

(3) The poll commissioner shall satitsly himself that none of the ballot boxes

has in fact been tampered with.

(4) If the poll commissioner is satisfied that any ballot box has in fact been

tampered with, he shall not. count the ballot papers contained In that box and

shall follow the procedure laid down in section 25 in respect of that polling station.

42. Counting of votes.— (l ) The ballot papers taken out of each ballot box

shall be arranged in convenient bundles and scrutinised.

(2) The poll commissioner shall reject a ballot paper—

(a) if it bears any mark on writing by which the elector can be Identified, or

(b) if it bears no mark at all or bears a mark made otherwise than with

the Instrument supplied lor the purpose, or

(d) if the mark indicating the vote thereon is placed in such manner as to

make it doubtful whether the vote is for merger or for Union terri-

tory, or

(e) II it is a spurious ballot paper, or

(f) If it is so damaged or mutilated that its identity as a genuine ballot

paper cannot be established, or

(g) ir it bears a serial number or is of a design different from the serial

number or, as the case may be, the design of the ballot paper autho-

rised for use at the particular polling station, or

(h) if it does not bear the distinguishing mark which it should have borne

under sub-rule (1) of rule 25:

Provided that where the poll commissioner Is satisfied that any such defect

as is mentioned hi clause (g) or clause (h) has been caused by any mistake or

failure on the part of a presiding officer or polling officer, the ballot paper shall

not be rejected merely on the ground of such defect:

Provided further that a ballot parjer shall not he rejected merely on tho ground

that the mark indicating the vote is Indistinct or made more than once, If the

Intention of the voter clearly appears from the way the paper Is marked.

SEC. 3(i)]

THE GAZETTE OF INDIA EXTRAORDINARY

g^x

(3) Before rejecting any ballot paper under sub-rule (2) the poll commissioner

shall allow the representatives of the political parties present at his table a reason-

able opportunity to inspect the ballot paper but shall not allow them to handle

it or any other ballot paper.

(4) The poll commissioner shall endorse on every ballot paper which he rejects

the letter 'R' and the grounds of rejection in abbreviated form either In his own

hand or by means of a rubber stamp, and shall Initial such endorsement.

(5) All ballot papers rejected under this rule shall be bundled, together.

(6) Every ballot paper which Is not rejected under this rule shall be counted.

as one valid vote:

Provided that no cover containing tendered ballot papers shall be opened and

no such paper shall be counted.

(7) After the counting of all ballot papers contained in all the ballot boxes

used at a polling station has been completed, the poll commissioner shall make

the entries in a result sheet in Form. 14 and. announce the particulars.

43. Sealing- of used ballot papers.—The valid ballot papers and the rejected

ballot papers shall thereafter bo bundled separately and the several bundles made

up into a separate packet which shall be sealed with the seal of the poll commis-

sioner and of such representatives of the political parties as may desire to affix

their seals thereon and un tb? packets so sealed shall be recorded the particulars

of the polling station where the ballot papers have been used.

44. Counting' to be continuous.—The poll commissioner shall, as far as practica-

ble, proceed continuously with the counting and shall, during any Intervals when

the counting has to be suspended, keep the ballot papers, packets and all other

papers relating to the poll sealed with his own seal and the seals of such counting

agents as may desire to affix their seals and take sufficient precaution for their

safe custody during such intervals.

45. Recommencement of counting- after fresh poll.—(l)If a fresh poll is held

under section 19, the poll commissioner, shall, after completion of that poll, re-

commence the counting of votes on the date and at the time and place which have

been fixed by him in that behalf and of which notice has been previously given.

(2) The provisions of rules 42 and 43 shall apply, as far as may be, to such

further counting.

46. Declaration of the results.—(1) When the counting has been completed, the

poll commissioner shall ascertain the total number of votes polled for merger and

lor Union territory, announce the same and record it in the result sheet in Form 14.

(2) The poll commissioner shall then, unless otherwise directed by the Chief

Election Commissioner, certify the result of the opinion poll in Form 15A or in

Form 15B, as may be appropriate, declare the same and send signed copies thereof

to the Chief Election Commissioner and to the Administrator.

PART VI

Miscellaneous

47. Custody of ballot papers relating to the poll.—The poll commissioner shall

keep in safe custody the packets of unused ballot papers, the packets of used

baJlot paper?, whether valid, tendered or rejected, and all other papers relating

to the poll.

48. Production and inspection of poll papers.—While in the custody of the poll

commissioner: —

(a) the packets of unused ballot papers;

(b) the packets of used ballot papers whether valid, tendered or rejected;

fd) the packets of the declarations by electors and the attestation of their

signatures;

shall not be opened and their contonts shall not be inspected by, or produced before,

any person or authority except under the order of the Chief Election Commissioner.

042

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

49. Disposal of poll papers.—Subject to any directions to the contrary riven by

the Chief Election Commissioner, all papers referred to In rule 48 shall be retained

for aa period of two years and shall thereafter be destroyed.

50. Application of rules 98 and 99 of the Conduct of Elections Rutes, 1961.—

The provisions of rules 98 and 99 of the Conduct of Elections Rules, 1961, shall

apply in relation to requisitioning of any premises, vohlcle, vessel or- animal In

connection with the opinion poll as they apply in relation to reaulsitionlng of any

premises, vehicle, vessel or animal under section 160 of the Representation of the

People Act, 1951, In connection with an election in the Union territory.

FORM

NOTICE OF OPINION POLL

(See rule 3)

Notice is hereby given that—.

(1) a'l opinion poll is to be held for the purpose of ascertaining the wishes of the electors of

•Goa

*Goa

„—

— as ro whether

—

———

—

* Daman and Diu

*Darnan and Diu

* Maharashtra

hould m.T'?e in iht Scue ">f"—• —

or should continue to be a Uuio*> territory ;

* Gujarat

(2) the poll will be takei 01

. —

. — b i t w e i the hours———

—

and

— — —

Place.

—

Date—

— _ —

Opinion Poll Commissioner

:'Strike out rhc pi-tion not applicable.

FORM 2

APPOINTMENT OF POLLING AGENT

(See rule 4)

Opinion

Poll in

*Goa

•Daman and Diu 5

I, President

of,———

Party

•'••' hereby [appoint

General Secretary]]

Shri—_—

- —

—

as a polling agent to attend polling

Station No.——

—•—

Place

•—•—

— —

President

Signature of————

D a t e —

— — — —

Genera] Secretary

I agreo to ,icc a⁵, s-jch nolling apc^r.

"PltlCC¹- -~

_.._ _._,, ,

„

Date

—

Signature ofpoU'vig agent,

am-. -

' • • *•

-•- "• • •*- •

•

DECLARATION OF POLLING AGENT TO BE SIGNED BEFORE

PRESIDING OFFICER

I hetehy dcchre that at the above opinion poll I will noL

do anything

forbidden

fflsection 12K of tho Representation o± the People Act, 19513s made applicable by section 30 of

the Goa, Daman and Dm (Opinion Poll) Act, 19661* which I have read/has been read over to me.

Date—.——

.—

Signature of polling agent

Signed before me.

Dale

—

Signature of Presiding Officer——

—

*Strikc out trie portion not applicable.

©Section 128 of die Representation of the People Act, 1951 and Section 30 of the Goa, Daman

nad Diu (Opinion Poll) Act, 1966 (reproduced below)

EXTRACT FROM THE REPRESENTATION OF THH PEOPLE ACT, 1951

128.

Maintenance of Secrecy of Voling.~(,i) Bvaty officer,

clerk, agent or other persott

who performs ary duty in connection wilh the recording or counting ofvolesatan election shall

maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose

authorized by or undor anylaw) communicate to any person any information calculatedto violate

s«ch secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with

imprisonment for a term which may eKienj to three months or with fine or with both.

EXTRACT FROM;THE GOA, DAMAN AND DIU (OPINION POLL)ACT, 1966.

30.

Other electoral Officers.—The provisions of sections 125 to 132 and 134 to 136

of the

Representation of the People Act, 195T, (43 of 1951), shall,so far as may be, apply to an opinion

poll as they apply to an election under that Act, and any reference in those provisions to—

(a) the chief electoral officer shall be omitted,

(b) a returning officer and anassislant returning officer Tshall be construed as a reference

to anopimonpollcommissioner andan assistant opinion poll commissioner respectively.

•

FORM 3

APPLICATION FOR POLL DUTY CERTIFICATE

(S<e rule 7)

The Opinion Poll Commissioner,

*Goa/*Daman and Diu

Sir,

I intond to case my vote in person at the ensuing opinion poll. 1 have been posted on

poll duty at a polling station other than the polling station at which I am entitled to vote.

My name is entered at SI. No.

in Part No.

of the electoral roll for

-—assembly constituency.

I request that a poll duty certificate in Form 4 may be issued to enable me to vote at the

pollingstarionwherolmay be on duty on the polling day. It may be sent to me at the following

address :

Yours faithfully,

Place

— •

D a t e —

—

*Strike out the entry not applicable.

•O44

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I I -

F0EM4

POLL DUTY CERTIFICATE

(See Rules 7 and 22)

Certified thatShri

is an elector for the opinion 'poll, being an

elector in the

assembly constituency, that by reason of his being on pol 1

duty he is unable to vote at the polling station where he is entitled to vote, and that he is there-

fore hereby authorised to vote at any polling station he maybe on duty on the date of poll.

Place

—

Signature

D a t e —

(Opinion Poll Commissioner)

FoHM 5

DECLARATION BY ELECTOR

(See rules u , 12 and 40)

*Goa

—

—Opinion Poll.

*Daman and Dlu

I hereby declare thit I am ths elector to whom th2 pD3tal billot paper bearing serial num-

ber—

-—has been issued at the above opinion poll.

Signature of elector

Address

—

• .—

Attestation of Signature

The above ha? b™n signed in my presence by

-(elector)

who is personally known to m ;/has been identified to my satisfaction by-—•

(identifier) who Is personally known to me.

Signature ofidmtifbr if any

Signature of Attesting Officer

Address——

Designation

Address

D ate

—

•Strike out the entry not applicable.

FORM 6

C O V E R

(See rules 11, T2 and 40)

I ~* ' ~"~

' ' ~ — —

•

—

(A) NOT TO BE OPENED BEFORE COUNTING

*Goa

—Opinion Poll

•Dim^n and Diu

POSTAL BALLOT PAPER

Serialnumber of ballot piper

*StrJke out the entry not applicable.

9BC S(Q]

, GA

, OF .

A .

.....

FORM

C O V E R

(See rules 1 L and 40J

—

[Every officer under? whose care or through •whom,

——.

—

Cover

a postal ballot paper is sent shall ensure its delivery

Service

to the addressee without delay—Rule 11 (3) of the

unpaid

Goa, D.iman and Dm (Opinion Poll) Rules, i;>66.] i

Opinion Poll—IMMEDIATK

POSTAL BALLOT PAPKR

l-"or *Goii

*Daman and Diu

(NOT TO BE OPENED BEFORH COUNTING)

The Opinion Poll Commissioner

Signature uf sender**

-—

—•

——

•Opinion poll commissioner to strike out the entry not applicable,

*• Opinion poil comrnissioncr to Jm ?nr.ion here his full postal address.

FORM 8

INSTRUCTIONS FOR THE GUIDANCE OF ELECTIONS

(See rules 11,12 and 131

Opinion poll in *Goa

*D.uiJan and Diu

Tti? alternatives whic'i m^-c printed on the ballot paper sent herewith are the issues at the

opinion poll. If you desire to vote, you should record your vote in accordance with the directions

giren in Part I below and then follow the instructions contained in Part II.

PART I—Directions to electors

1. You have only one vote.

2. You must not vote on or near both the syrabDk.

If you do so, your ballot paper

will be rejected.

3. Record the vote by placing clearly a mirk opposite the symol for which you wish to

give that vote.

4. The mirk should be so placed as to indicate clearly and beyond doubt whether your

vote is for merger or for Union territory.

If the mark is so placed as to make it doubt-

tul whether the vote I j for m "rger or for Union territory, that vote will be invalid.

. . .

[PART

5. An elector shall obtain the attestation of his signature on the declaration in FotM

5 by a stipendiary magistrate, or

(a) if he is a number of the Armed Forces of the Union, or of an armed police force

of the Union territory but is serving outside thai Union territory, by such officer

as may be appointee! in this behalf by the Commanding Officer of the unit, ship

or establishment in which the voter or her husband, as the case may be, is employed,

or if he is employed under the Government of Inida in a post outside India, by

such officer, us may be appointed in this behalf by the diplomatic or consular

representative of India in the country in which such voter is resident;

(b) if he is under preventive detention, by the Superintendent of the Jail or the Com-

mandant of the detention camp in which he is under detention.

PART II—Instructions for Electors-

i. (a) After you have recorded your vote on the balol paper, place the ballot paper in the

smaller cover marked 'A' sent herewith. Close the cover and secure it a by seal or otherwise.

(b) You have then to sign the declaration in Form 5 also sent herewith, in the presence of a

stipendiary magistrate or any other officer competent to attest your signature (See direction 5

in Part I above). Take the declaration to any such officer and sign it in his presence after he

has been satisfied iibout your identity.

The officer will attest your signature and return the

declaration to you. You must not show your ballot paper to the attesting Officer nor tell him hoy.'

you have voted.

(c"l After your declaration has been signed and your signature has been attested in accordance

With item (b), place the declaration Form 5 as also the smaller cover marked 'A' containing

the ballot

paper in the larger cover marked 'B'. After closing the larger cover, send it to the

opinion poll commissioner by post. You have to give your full signature in the space provided

on the cover marked 'B' but no postage stamp need be affixed by you.

(e) You must ensure that the cover reaches the opinion poll commissioner *before

~ —

p.m. on the*-—- ———————

—

(date),

(f) Please note that—

(i) if you fail to g;t your declaration attested or certified in the manner indicated.

above, your ballot paper will be rejected; and

(ii) if the cover reaches the opinion poll commissioner after*

p.m-

on the *—~———.—(date), your vote will not be counted.

* Plere specify the hour and date fixed for the close of the poll.

be i(i)\

*H« <SA2E*TE 6F INDIA EXfjUWRDiMAkV

FOKM 9

LIST OF CHALLENGED VOTES

(JM rule 23)

*GOA

OPINION POLL IN

*DAMANANDDIU

Polling Station

Serial

Nujnr-

ber^f

entry

Name of elector

Serial Sumber of

Part of

roll

Elector's

name in

that part

Signature

• or thumb

impression

of the

person

challenged

Address of

the person

challenged

Name of

identifier

if any

Name of

challenger

Order of

Presiding

Signature of challen-

ger on receiving

refund of deposit

•Strike oat theentrynot applicable.

Signature of Presiding Officer.

948

THE GAZETTE OF INDIA EXTRAORDINARY

[PAIT I I -

FORM 10

LIST OF BLIND AND INFIRM VOTERS

(5«* rule 27)

•Go*

Opinion Poll

•Daman and Diu

No. and name of polling station

Part No. and Sorial

No. of elector

• Full name of

oloctoi

Full Name of

companion

Address

companion

Signature of

companion

Date

Signature ofPrtsiding Officer.

•Strike out the portion not applicable.

FORM I I

LIST OF TENDERED VOTES

(.See rules 29 and 33)

•Goa

Opinion Poll in

•Daman and Diu.

Number and Name of Polling Station

Part Number, serial

number and name of

elector

Address of

elector

Serial number of

tendered ballot

paper

Serial number of

ballot paper issued

to the porson who

has already voted

Signature or

thumb-impression

of person tendering

vote

Date

Signature of Presiding Officer.

•Strike out the entry not applicable.

SEC. 3(1)]

THE GAZETTE OF INDIA EXTRAORDINARY

949

FORM 12

(See rule 32)

PART I—Ballot paper account

• •

•Goa

Opinion Poll in

•Daman and Diu.

No. and name of polling station

3 .

Ballot papers received

Ballot papers not used

Ballot papers issued to voters

Ballot papers cancelled

Ballot papers used as tendered ballot paper*

Serial number

Total rumber

Date

Signature of Presiding Officer.

•Strike out the entry not applicable.

PART II—Counting of votes

Symbol representing

Number of valid

votes cast

*Goa in the State of Maharashtra

I, Merger of

—

*Daman and Diu in the State of Gujarat

•Goa

a. Continuance of —.——

as Union territory

*Daman and Diu

Rejected ballot paperB

Total No. 6f ballot papers found in ballot boxes

Signature of the counting supervisor

Date

Signature of the Opinion Poll Commissioner

•Strike out the entry not applicable.

FORM 13

APPOINTMENT OF REPRESENTATIVE/COUNTING

AGENT

(Set rule 37)

•Goa

Opinion Poll in

•Daman and Diu

The Opinion Poll Commissioner,

•Goa

•Daman and Diu

President

of the

.Party ^ do hereby

General Secretary

appoint Shri

astherepreseruative/ccuriirf ejenof the

P«ry to attend the counting of votes at

9 5 <^j

T r t £ GAZETTE OF INDIA EXTRAORDINARY

[FART n -

Address of representative/counting agent

Signature of

Party.

I agree to act as repreieitative/counting agent of

Party at the counting

of votes at

Place

Signature of representative

Date

Counting agent

DECLARATION OF THE REPRESENTATIVE/COUNTING AGENT

(to be signed before the Opinion Poll Commissioner)

I hereby declare that at the above opinion poll I will not do anything forbidden by section

128** ofthe Representation ofthe People Act, 1951, asmadc applicable by section 30 of the Goa3

Daman and Diu (O pinion Poll) Act, 19661 Wiiich* I have read/has been road over to me>

Signature of representative

Date

—

Coutuing agent

Signed before me. .

D ate

Opinion Poll Commis»ioner

•Strike out the Inappropriate alternative,

•

Daman and Diu (Opinion Poll) Act, 1966 (Reproduced below).

REPRESENTATION OF THE PEOPLE ACT, 1951

128. Maintenance of Secrecy of Voting.— (1) Every

officer, clerk, agent or

other

person who performs any duiy in connection with the recording or counting of votes at an

election shall maintain, and aid in maintaining, the secrecy ofthe voting and shall not (except for

some purpose authorized by or under any law) communicate to any person any information cal-

culated to violate such secrecy.

(2) Any person who contravenes the provisions of Bub-section (1) shall be punishable With

imprisonment for a term which may extend to three months or with fine or With both.

GOA, DAMAN AND DIU (OPINION POLL) ACT, 1966

Otfaor

30. The previsions of sections 125 to 132 and 13410136 of

electoral

the Representation of the People Act, 1951, shall, 8b far as may

43'<>fi95X

offences,

be, apply to an opinion poll as they apply to an election under

that Act, and any reference in those provisions to—

(a) the chief electoral officer shall be omltteds

(6) a returning officer and an assistant returning officer shall

be construed as a rcfcience to an opinion poll commis-

sioner and an assistant op nion poll commissioner

respectively.

Jtac

fl(i)J

THE GAZETTE OF INDIA EXTRAORBWAJtY

9JJ

FOB* 14

Final Result Sheet

{see rules 40, 42 and 46)

*Goa

Opinion Poll

•Daman and Din

Polling stations

Serial number

Total number of vote

recorded at polling sta

tjons

Number of votes re-

corded on postal ballot

papen

Total rttes polled

Number of valid votes cast in favour of

Merger of

'Maharashtra

•Gujarat

•Goa

with

'Daman and Diu

Continuance of

*Goa

*Dimaa and Din

as Union territory

Total

of valid

votes

Number of

rejected

votes

Total

Number of

tendered

votes

Remarks

Place

Date

'Strike oat the entry oot «pp6eaMe.

Opinftm PeS Gdavateuonet.

952

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-SEC. 8 (I)]

FORM

15A

(Set rule 46)

DECLARATION OF THE RESULT OF THE OPINION POLL IN GOA

I declare that the result ofthe Opinion Poll takonon the

day of

1967 in Goa is as follows :—

The total number of electors 1B

The total number of electors Who voted at the

Opinion Pollis

The total number of votes rejected as invalid is

T;he total number of electors of Goa who arc of

the opinion that Goa should merge in the State

of Maharashtra is

The total number of electors of Goa who are of

the opinion that Goa should continue to be

Union Territory is

Place

Date

Opinion Poll Commissioner, Goa.

FORM 15B,

(5«« rule 46)

DECLARATION OF THE RESULT OF THE OPINION POLL IN DAMAN AND DIU

I declare that the result ofthe Opinion Poll taken on the

day of

1957 in Daman and Diu is as follows :—

The total number of electors is

The total number of electors Who have voted at

the Opinion PolJ is

The totalnumber of votes rejected as invalid is

The total number of electors of Daman and Diu

Who arc of the opinion that Daman and Diu

should merge in the State of Gujarat is

The total number of electors of Daman and Diu

Who are of the opinion that Daman and Diu

should continue to be Union Territory .

Place

D a t c

Opinion Poll Commissioner, Daman and Diu.

[No.' F. io/49/66-SR(R)]

K. R. PRABHU, Jt. Secy.

PRINTED IN INDIA BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS,

NEW DELHI AND PUBLISHED BY THE MANAQER OF PUBLICATIONS, DELHI, 1986