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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 228] NEW DELHI, TUESDAY, MAY 21, 1974/VAISAKHA 31, 1896

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

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

NOTIFICATION

NEW Delhi, the 21st May, 1974

S.O. 305 (E).—In exercise of the powers conferred by section 21 of the Presi- dential and Vice-Presidential Elections Act, 1952 (31 of 1952), the Central Gov- ernment, after consulting the Election Commission, hereby makes the following rules, namely:—

CHAPTER I

Preliminary

1. Short title and commencement.—(1) These rules may be called the Presi- dential and Vice-Presidential Elections; Rules, 1974.

(2) They shall come into force at once.

2. Interpretation.—(1) In these rules, unless the context otherwise requires.— (a) "Act" means the Presidential and Vice-Presidential Elections Act, 1952; (b) "article" means an article of the Constitution of India; (c) "Form" means a Form appended to these Rules; (d) "section" means a section of the Act.

(2) The General Clauses Act, 1897 (10 of 1897), shall apply for the interpre- tation of these, rules as it applies for the interpretation of an Act of Parliament.

(1063)

CHAPTER II

Nomination of candidates

3. Public notice of intended election.—The public notice of un intended elec- tion referred to in section 5 shall be in Form 1 and shall be published by the Returning Officer by such means, in such, language or languages and in such places as the Election Commission may direct.

4. Nomination paper.—Every nomination paper presented under sub-section (1) of section 5B shall be completed in Form 2 or Form 3, as may be appro- priate.

,

_ I!

5. Notice of withdrawal of candidature.—(1) A notice of withdrawal of candi- dature under sub-section (1) of section 6 shall be in Form 4.

(2) On receipt of such notice, the Returning Officer shall note thereon the date on which and the hour at which it was delivered, and cause a copy thereof, together with the note, to be affixed in some conspicuous place in his office.

6. Preparation and publication of the list of contesting candidates.—In every case in which a poll la to be taken' under clause (b) of section 8, the Returning Officer shall, immediately after the, expiry of the period within which candidature may be withdrawn under sub-section (1) of section 6—

(a) prepare in Form 6 a list of contesting candidates (that is to say, candi- dates who have been duly nominated but have not withdrawn their candidatures within the "time specified in' that behali), containing the names in alphabetical order as given in the nomination papers together with their addresses;

(b) cause the list to be published in the Gazette of India and in such other

manner as the Election Commission may direct; and

(c) cause a copy of the list to be affixed in some conspicuous place in his

office.

CHAPTER III

The Poll

7. Fixing place and time of polling for Presidential election—At every Presidential election where a poll is to be taken, the Election Commission shall— (a) fix a place of polling in the Parliament House in New Delhi, and also in the premises in each State in which the Legislative Assembly, If any, of that State meets for the transaction of business;

(b) specify with reference to each such place of polling the group of electors who wijl be entitled to vote, and the hours during which the poll will be taken, at such place; and

(c) give due publicity to the places so fixed and the groups of electors and

the hours so specified.

8. Fixing place and Wm® °' p"*Uin* for Vice-Presidential Election.—At every ViCfr-Presidential election where a poll is to be taken, the Election Commission shall^

(a) fix a place of polling in the Parliament House in New Delhi;

(to) specify the hours during which the poll will be taken; and (c) give due publicity to the place so fixed and the hours so specified.

9. Presiding and polling officers.—(1) The Returning Officer or such Assistant Returning Officer as may be specified in this behalf by the Election Commission shall conduct the poll at each Place of polling. Every such officer Is hereinafter referred to as the presiding officer.

(2) The presiding officer may appoint such polling officer or officers as he thinks necessary to assist him in taking the poll, but he shall not so appoint any person who has been' employed by, or on behalf of, or hap been working for, a candidate in or about the election.

10. Design and Form of ballot papers.—(1) Every ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall

be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct.

(2) The names of tht candidates shall be printed on the ballot paper in the same order as in the list of contesting candidates published under rule 6,

(3) Every presiding officer shall h* supplied with a sufficient number of ballot papers by Ihe Election Commiscion.

11, Ballot boxes.—Every ballot box used at the poll shell be of a design pre- viously approved by the Election Commission.

12, Procedure before the commencement of poll.—d) The presiding offirer shall,, immediately before the comi"nencement of the poll, allow inspedion of the ballot box to be used at the poll to such candidates and authorised representa- tives of randidaies as may be present at the place of polling,

(2) The presiding officer shall then secure and seal the box in such manner that the slit for the insertion otf ballot papers remains open, and shall also allow such candidates and authorised representatives £f candidates as may be present to affix their own seals, if they ?o desire.

13, Admission to the plac^ of polling-.—(]) The presiding officer shall exclude from the place of polling all persons except—

(a) the polling officers and other public servants on duty;

(b) the candidates, and one representative authorised in' writing by each

candidate;

(c) the electors;

(d) persons authorised by the Election Commission; and

(e) such other persons as the presiding officer may from time to time

admit for th; purpose of assisting him in ta^i'ig the poll

(2) The presiding officer shall close the place of polling at the hour fix^d under clause (bi of rule 7 or, as the onse may be, under clause (bj of rule 8 for the close of the poll and shall not admit therein any elector after that hour:

Provided that all electors present at the place before it is so closed shall be entitled to have their votes recorded.

14, Procedure for ffivlnij ballot papers—(1) The polling officer shall be furnished with an authentic list or part thereof of the electors entitled to vote at the pake of polling.

(2) Immediately before a ballot paper is delivered to an elector, a mark shall be placed against his name in that list, and the number of the elector as shown in that list shall be entered on the counterfoil of the ballot paper.

(3) The elector shall sign his name in the list in token of receipt of the ballot paper, whereupon, but not earlier, the ballot paper shall be delivered to him.

15, Supply of fresh ballot paper in certain circumstances.—(1) An elector who has Inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and oh satisfying him of the inadvertence, obtain another ballot paper in place of the ballot paper so> delivered, and the latter shall, together with its counterfoil, be marked as cancelled by the presiding officer.

(21 Any ballot papers so cancelled shall be kept in a separate envelope set apart for the purpose.

16, Return of unused ballot papers by electors.—If an elector after obtaining any ballot paper for the purpose of recording his vote decides not to use the same, he shall return the ballot paper to th

17, Manner of recording votes.—(1) Every elector shall have as many pre- ferences as there are candidates but no ballot paper shell be considered invalid! solely on the ground that all such preferences are not marked.

(2) 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 whom he chooses for his first preference; and

(b) may, in addition;, mark as many subsequent preferences as he wishes by placing on his ballot paper the figures 2, 3, 4 and so on, in the spaces opposite the names of other candidates, in order of preference.

Explanation.— The figures referred to in clauses (a) and (b) of this fcub- rule 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.

(3) The presiding officer shall, if requested by an elector, explain to him the instructions contained on the ballot paper for the recording of votes.

18. Maintenance of secrecy of voting- by electors within place of polling- and •voting¹ procedure.—(1) Every elector to whom a ballot paper has been delivered under rule 14 shall maintain secrecy of voting within the place of polling and for that purpose observe the voting procedure hereinafter laid down,

(2) An elector on receiving the ballot paper shall forthwith—

(a) proceed to one of the voting compartments; fb) record his vote in accordance with sub-rule (2) of rule 17; (c) fold the ballot paper so as to conceal his vote; (d) insert the folded ballot paper into the ballot box; and (e) quit the place of polling.

(3) Every elector shall vote without und_u.e delay.

(4) No elector shall be allowed to enter a voting- compartment when another elector is inside it.

Iff. Recording of votes of illiterate or disabled elector.—(!) If an elector is unable to read the ballot paper or to record his vote thereon In accordance with rule 17 by reason of illltera

(2) The elector shall then himself or with the assistance of the presiding officer fold up the ballot paper so as to conceal his vote and insert it into the ballot box.

(3) While acting under this rule, the presiding officer shall observe as much secrecy as is feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been cast.

20. Account of ballot papers.—(1) The presiding officer shall at the close of the poll prepare a ballot paper account in Form 6 and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.

(2) The presiding (officer shall permit the authorised fepresentatiye of a candidate, who so desires, to take a true copy of the entries in the ballot paper account "and shall attest it as true copy.

21. Sealing up of ballot boxes and papers after th" close of poll,—(1) As soon as practicable after the close of poll the presiding officer shall, in the presence of such candidates and authorised representatives of candidates as may be pre- sent, close and seal up the slit as well as the ballot box.

(2) He shall also make up into separate packets—

(a) the copy of the list of electors marked in accordance with rule 14; (b) the counterfoils of ballot papers; (c) the ballot papers cancelled under rules 15 and Iff; and Od) the unused ballot papers,

and seal each such packet with his own seal and the seals, of those candidates and authorised representatives of candidates who may desire to affix their seal thereon.

22,, Transfer of ballot papers from ballot boxes In certain cases.—(1) Not- withstanding anything contained in rule 21, the Election Commission may, at a Presidential election, direct the presiding officer at any place of polling other than the Parliament House in New Delhi to follow after the close of the poll the procedure laid down in this rule instead of the procedure laid down in sub-rule <1) of rule 21.

(2) Where a direction has been issued under sub-rule (1), the presiding officer shall, as soon as practicable after the close of the poll, open the ballot box in the presence of such candidates and authorised representatives of candidates as may be present and transfer all the ballot papers contained in it without examining •ov counting them into a separate cover and record on such cover—

(a) the name of the place of polling; and (b) the date of the poll.

(3) After such transfer he shall allow the candidates and their authorised representatives who may be present, to inspect the ballot box and demonstrate to them that it is empty.

(4) He shall then seal the cover with his own seal and the seals of those candidates and authorised representatives of candidates who may desire to affix their seals thereon,

(5) The cover so sealed shall, for the purposes of rules 23, 25, 32 and 33, be deemed to be the ballot box used at that place of polling and the provisions of those rules shall apply accordingly.

23. Despatch and custody of ballot boxes and papers.—(1) At a Presidential election, the presiding officer at every place of polling other than the Parliament Mouse in New Delhi shall forthwith cause the sealed ballot box and packets and all other papers used at the poll to be sent to the Returning Officer in accordance with such general or special instructions as may be issued in that behalf by the Election Commission.

(2) The Returning Officer shall make adequate arrangements for the safe custody of all sealed ballot boxes and packets and other papers used at the poll, until the commencement of the counting of votes.

24. Adjournment of poll in emergencies.—(1) If the proceedings at any place of polling are interrupted or obstructed by riot or open violence, or if it 'is not possible to take the poll at any such place on account of a natural calamity or other sufficient cause, the presiding officer shall announce an adjournment of the poll to a date to be notified later, and immediately report the circumstances to the Election Commission and, unless he is the Returning Officer, also to the Returning Officer.

(2) Whenever a poll is adjourned under sub-rule (1), the Election Commis- sion shall, as soon as may be, fix the day on which, the place at which, antf the hours during -which the adjourned poll shall be taken, and shall notify the ?Lid details to all concerned in such manner as it may think fit.

(3) On the date on which such adjourned poll is taken, the electors who have already voted at the poll ticfore its adjournment will not be entitled to vote, but only the remaining electors who were entitled to vole at the place, of polling before its adjournment may vote.

25. Fresh poll in case of destruction, etc, of ballot boxes.—(1) If at an elec- tion, any "ballot box is unlawfully taken away from the custody of the presiding officer or the Returning Officer or is in any way tampered with, destroyed or lost, the poll taken at the place of polling where that ballot box was used shall be deemed to have been vitiated: and the Returning Officer shall, as soon as practicable, report the matter to the Election Commission, which shall appoint a day for the taking of a fresh poll at that place and fix the hours during which it will be taken.

(2) In every such case as aforesaid, the provisions of these rules shall apply to the fresh poll as they apply to the original poll.

26. Votlnjr by electors under preventive detention.—(T) Notwithstanding any- thing in the foregoing provisions of this Chapter, an elector may, if he Is subjected to preventive detention under any law for the time being in force, give his vote by postal ballot.

(2) The Election Commission shall send by registered post to the offlcet-in- charge of the jail or other place where the elector is detained the appropriate biiJJol p-uprr, together with a form of declaration of identity and attestation of signature and necessary envelopes specially prepared for the purpose and a letter of iiiKj.i-uei.ions, so as to reach that officer in good time before the date fixed for poking.

(3) On the date of polling the said officer shall deliver the ballot paper and other necessary papers to the elector, allow him all reasonable facilities and sufficient time, not exceeding two hours, for recording his vote in accordance with the instructions of the Election¹ Commission, and if and when the elector has so recorded his vote send the ballot paper and other connected papers in a sealed cover, cither by registered Dost or through a special messenger, to the Returning Officer so as to reach him before the time fixed for the counting of votes under rule 27.

(4) It shall bo the duty of every Government to intimate to the Election Commission at the appropriate time the names of electors, if any. who are subjected to preventive detention by or under- the authority of that Government, together with the necessary particulars as to they* places of detention

CHAPTER IV

Counting of vcftes and declaration of results

27. Place and time fffr counting of votes.—The counting of votes shall take place at the office of the Returning Officer in New Delhi on such day and at such time as the Election Commission may appoint in this behalf; and the Election Commission shall give notice to all the candidates of the date and time so appointed.

28. Admission to the place fixed for counting.—The Returning Officer 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) the candidates and one representative at a time authorised in writing

by each candidate;

(c) public servants on duty in connection with the election; and (d) persons authorised toy the Election Commission.

29. Maintenance of secrecy of voting.—Before the counting begins, the Returning Officer shall read out the provisions of section 22 to the persons present.

30. Statement showing the number of votes of each elector at the Presidential election.—For the purposes of every Presidential election, the Election Commis-, sion shall furnish the Returning Officer with a statement showing the number of votes which every elector has under the provision^ of clause (2) of article 55; and every ballot paper put in by an elector at that election shall be deemed to represent as many votes as that elector is shown as having in that statement.

31. Ballot papers when invalid.—(1) A ballot paper shall be invalid on which—

(a) the figure 1 is not marked; or Ob) the figure 1 lp marked opposite the name of more than one candidate or is so marked as to render it doubtful to which candidate it iar intended to apply; or

(c) the figure 1 and some other figure are marked opposite the name of

the same candidate; or

f- 32. Procedure upon opening each ballot box.—After each ballot box and also each sealed cover (if any) received under sub-rule (3) of rule 20, has been opened, the Returning Officer shall—

(a) count the number of ballot papers taken out therefrom and complete Part II of the Ballot Paper Account in Form 6;

(b) scrutinise the ballot papers and separate those which in his opinion are valid from those which In his opinion are invalid, endorsing on the latter the word 'rejected' and the ground of rejection; and ( arrange all the valid ballot papers in parcels according to the first preferences recorded for each candidate:

Provided that if, at a Presidential election, the ballot box used at a place of

to the contrary is given by the Supreme Court or other competent court or by th" Election Commission.

39. Copies of return of election.—Copies of the certified return of the election referred to in rule 35 shall be furnished by the Election Commission on payment of a fee of one rupee per copy.

40. List of electors.—The Election Commission shall maintain a list of members of the electoral college referred to in article 54 and a list of members of the electoral college referred to in article 66, with their addresses corrected up to date for the purposes, respectively, of Presidential election and Vice-Presidential election.

41. Repeal.—The Presidential and Vice-Presidential Election Rules, 1952 are hereby repealed,

FORM 1

(See rule 3)

PUBLIC NOTICE

OF

•PRESIDENT

ELECTION TO THE OFFICE OF • OF INDIA

•VICE-PRESIDENT

Whereas a notification under sub-section (1) of section 4 of the Presidential and Vice-Presidential Elections Act, 1952, for the holding of an election to fill the office of President/Vice-President of India has (been issued by the Election Com- mission, L the Returning Officer for such election, do hereby give notice that—

(i) nomination papers may be delivered by a candidate or any one of his proposers or seconders to the undersigned at his office in New Delhi, or if he is unavoidably absent, to at the said office between 11 a.m. and 3 p.m. on any day (other than a public holiday) riot later than the ;

(ii) each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the Parlia- mentary constituency in which the candidate is registered as an elector;

(iii) every candidate shall deposit or cause to be deposited a sum of rupees two thousand five hundred only. This amount may be deposited in' cash with the Returning Officer at the time of presentation of the nomination paper or deposited earlier in the Reserve Bank of India or in a Government Treasury and in the latter case a receipt showing that the said deposit of the sum has 'been so made is required to be enclosed with the nomination paper;

(iv) forms of nomination papers may be obtained from the above said office at the times aforesaid;

(v) the nomination papers, other than those rejected under sub-section (4) of section 5B of the Act, will be taken up for scrutiny at (place) on (date) at (hours): (vi) the notice of withdrawal of candidatures may be delivered by a candi- date or any one of his proposers or seconders who has been authorised in this behalf In writing by the candidate, to the undersigned at the place specified in paragraph (i) above before three o'clock in the afternoon of (date);

(vii) in the event of the election being contested, the poll will be taken on (date) between hours of and at the places of polling fixed under the rules.

(Signature)

PLACE Dated tht

(Returning Officer)

(Designation)

•Strike off if inapplicable.

FORM 2

(Sec rule 4)

NOMINATION PAPER

ELECTION TO THE OFFICE OF THE PRESIDENT OF INDIA

We hereby nominate

as a candidate

(Full name and address of the candidate)

for election to the office of the President of India.

We have verified, and do hereby declare, that the said candidate has completed the age of 35 years and is registered in the clec)oral roll for the Parliamentary constituency of in the State of

A certified copy of the entry in that electoral roll relating to the said candidate is attached.

We further declare that we are members of the electoral college referred to in article 54 of the Constitution beinp elected members of the House of the People or Council of States or the Legisla- tive Assembly as indicated hereunder and we append our signatures below in token of subscribing to this nomination:—

Particulars of the proposers and their signatures

Full name

Signature

Date SI. No.

Whether elected member of the House of the People/Council of States/Legis- lative Assembly

State/Union territory (in the case of" member elected to the House of the People or Council of States from a Union territory) in/from which elected.

2

1

6

3

4

5

1.

,2.

3- 4- 5- 6.

7- S. 9-

10.

11.

12.

13- 14.

15.

•etc.

•There should be at least ten electors as proposers.

Particular1: of the seconders and ttieir signatures

Date SI. No.

Full name Whether c' vie 1 State/Union Signature memher of the territory fin die House of l hi case of member People/Council elected to the of States/Lcgis- House of the Peo- lative Assembly pie or Council of"

6 i

i.

2.

IO.

II.

12.

(1)

(2)

Decision of the Returning Officer accepting or rejectiig the pcw.irav.tT, i-cftv

I have examined this nomination paper in accordance with section 5E of the Presidential ani Vice-Presidential Elections Act, 1952 and decide as follows:—

Dote

Returning Officer

(Perforation)

Receipt for wm'nation paper and notice of scrutiny

(To be handed over to the person presenting the nomination paper)

Serial No. of the nomination paper

The nomination paper of

(name), a candidate for election to the offic of the President of India, was delivered to me at my office at

(hour) on

(name seconder

(date) by the candidate/proposer (name).|

All nomination papers, other than those rejected under sub-section (4) of section 5B of th Presid ential and Vice-Presidential Elections Act, 1952, will be taken up for scrutiny at (hour)! on

(date) at

, (place).

[2." The nomination paper'of this candidate has been rejected by me under sub-section (i of section 5B of the Presidential and Vice-Presidential Elections Act, 1952 for the reasons give below :—]

Date

Returning Officer

FORM 3

(See rule 4)

NOMINATION PAPER

ELECTION TO THE OFFICE OF THE VICE-PRESIDENT OF INDIA

We, the undersigned Members of the electoral college referred to in article 66 of the Cons" titution being Members of Parliament hereby nominate

(Full name and address of candidate)

asVctrc'k'Etc frr'elcctxr'Tc ire cffcc cfire V:ce-Fresic'cntof India.

We have verified, and do hereby declare, that the said candidate has completed the age of 3

in the State of 7.7.'.

A certified copy of the entry in that electoral roll relating to the said candidate is attached. We furnish our full particulars as indicated hereunder and append our signatures below in token of subscribing to this nomination.

[ ] Score out if not applicable.

Particulars of the proposers and their signatures

Signature

Date

State/Union territory

SI. No.

Full namej Whether member of the House of the People/Council from which

of States

elected

i

6

3

4

5

i.

a.

3- 4- 5- r6'

7- 8.

9-

10.

•etc.

•There should be at least five electors as proposers.

Particulars of the seconders and their signatures

Signature

Full name

Date SI. No.

Whether member of the House of the People/

Council of States-

State/Union territory from which elected

6 2

3

4

1

5

T.

2.

3- 4- 5- 6.

7- 8.

9-

10.

•etc.

•There should be at least five electors as seconders.

I assent to this nomination.

Signature of candidate

Date

(To be filled by the Returning Officer)

Serial Number of nomination paper This nomination was (date) by

(hour) on

delivered to me at my office at the candidatr/proposer

(name)/seconder

(name) with enclosure¹) as indicated below purporting to be—

to

(2)

Date

(Returning Officer )

[Decision of the Returning Officer (if any) under sub-section (4) of section 5B

I have rejected this nomination paper under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, for the reasons given below :—

Date • —' • • .

( Returning Officer ) ]

Decision of the Returning Officer accepting or rejecting the nomination paper

I have examined this nomination paper in accordance with section 5E of the Presidential and Vice-Presidential Elections Act, 1952 and decide as follows :—

Date

Returning Officer.

(Perforation)

Receipt for nomination paper and notice of scrutiny

(to be handed over to the person presenting the nomination paper).

Serial No. of the nomination paper

The nomination of

(name ), a candidate for election.

to the office of the Vice-President of India was delivered to me at my office at ( hour) on

(date) by the candidate/proposer

(name)/Scconder

( name).

All nomination papers other than those rejected under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, will be taken up for scrutiny at (hour) on

(date) at

place).

[2, The nomination paper of this candidate has been rejected by me under sub-section (4) of section 5B of the Presidential and Vice-Presidential Elections Act, 1952, for the reasons given. below :—1

• • . . . . -, Dau

Returning Officer.

[ ] Score out if no t applicable.

FORM 4

[See rule 5(1) ] NOTICE OV WITHDRAWAL

To

The Returning Oflbcr for the Election to the omco of President/Vice President of India.

I,

(name) of

(address¹) a candidate at the above-mentioned election do hereby give notice that I withdraw my candidature.

Place Date

Signature of candidate.

NOTE :—The notice of withdrawal is] required to bo delivered under section 6(1) of the Presidential and Vice-Presidential Elections Actj 1052, by the candidate in person or by any one of his proposers or seconders who has been authorised in this behalf in writing tay such candidate.

FORM 5

(See rule 6)

PRESIDENT

ELECTION TO THE OFFICE OF OF INDIA

VICE-PRESIDENT

List of Contesting Candidates

Name of candidate Address of candidate SI. No.

1.

2. 3- 4- etc.

PLACE

Date

Returning Officer.

FORM 6

(See rule 20)

PART I—BALLOT PAPER ACCOUNT

PRESIDENT

ELECTION TO THE OFFICE OF , — ^^ OF INDIA-

VICE-PRESIDENT

Name of the place of polling

Total

Serial Numbers Numbers

from to

1. Ballot papers received 2. Ballot papers unused 3. Ballot papers issued to voters 4. Ballot papers cancelled

Date

Signature of Presiding Officer':'

PART II—RESULT OF COUNTING (See rule 32)

(1) Total number of ballot papers found in the ballot box (boxes ) used at the place of polling

(2) Discrepancy if any between the total number as shown against item (1) in this Part and t he total number of ballot papers issued to voters as shown in item 3 of Part I minus the num bcr o' ballot papers cancelled as shown in item 4 of Part I.

Date

Signature of the Returning Officer,

FoRM^

o

[ See rule 35

CO

RETURN OF ELECTION TO THE OFFICE OF THE PRESIDENT/VICE-PRESIDENT OP INDIA

I J

I

2

6

10

II 12

8

5

4

7

9

13 IS

Name of Candidate

Votes secured

Serial No.

Votes credited

Total of columns 3 and 4

Total of columns 5 and 6

at fourth

Total of columns 7 and S

Total of columns 9 and 10

at first count

Votes credited at first exclusion

Votes credited at second exclusion

Votes credited at third exclusion

exclusion

a g

Exhausted votes

w o

1—1

2

TOTAL

2 >

representing . , votes.

representing

votes.

Total No. of valid ballot papers Total number of invalid ballot papers I declare that

(Name) (Address) has been duly elected to the office of the Pre si dent/Vice-Preside nt of India.

PLACE

Returning Officer,

Dau

M

O

3

1078 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II-

THE SCHEDULE

(See rule 33)

Instructions ior the determination of Result

1. In this Schedule—

(1) the expression "continuing candidate" means any candidate not elected

and not excluded from the poll at any given time;

(2) the expression "first preference" means the figure I set opposite the name of any candidate, the expression "second preference" similarly means the figure 2. the expression "third preference'¹ the figure 3, and. so on;

(3) the expression "next available preference" means the second or subse- quent preference recorded in consecutive numerical order for a conti- nuing candidate, preferences for candidates already excluded being ignored;

(4) the expression "unexhausted paper" means a ballot paper on which a

further preference is recorded for a Continuing candidate;

(5) the expression "exhausted paper" means a ballot paper on which no further preference is recorded for a continuing candidate, provided that a paper shall be deemed to be exhausted In any case In which— (a) the names of two or more candidates whether continuing or not are marked with the same figure, and are next in order of preference; or (b) the name of the candidate next in order of preference, whether conti- nuing or not, is marked by a figure not following consecutively after some other figure on the ballot paper or by two or more figures.

2. Every ballot paper represents at each count—

(a) in a Presidential election, the number of votes as determined under

rule 30; and

(b) in a Vice-Presidential election, one vote.

3. Ascertain' the number of first preference votes secured by each candidate and credit him with that number.