Gazette of DNH And DD, No. 11, 11 October 2021

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भारत सरकार / Government of India

सरकारी राजऩत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेऱी तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 06th October, 2021 14 Ashvina, 1943 (Saka) No. : 11

U.T. Administration of Dadra & Nagar Haveli and Daman & Diu

Office of the Chief Electoral Officer, Collectorate,

Daman

No. 21/23/DDD/CEO/DIRECTION/2021/89 Dated : 05/10/2021

A direction No. 576/3./EVM/2021/SDR-Col-II dated 04/10/2021 regarding use of Electronic Voting Machine and VVPAT in the current bye- elections for 3 Parliamentary constituency of UT of Dadra & Nagar Haveli and Daman & Diu, States of Madhya Pradesh & Himachal Pradesh & 30 Assembly Constituency of 14 States (As per Annexure – 1) and Order No. 3/4/ID/2021/SDR/Vol.II 04/10/2021 regarding identification of electors at the 3 Parliamentary constituency of UT of Dadra & Nagar Haveli and Daman & Diu, States of Madhya Pradesh & Himachal Pradesh & 30 Assembly Constituency of 14 States (As per Annexure – 1). The same shall be published in the Official Gazette of this UT of Dadra & Nagar Haveli and Daman & Diu for General Information.

Sd/– (Ashish Mohan) Joint Chief Electoral Officer UT of Dadra & Nagar Haveli and Daman & DiuEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 2

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi – 110 001

No. 3/4/ID/2021/SDR/VOLII Dated : 4th October, 2021 To The Chief Electoral Officers of

1. UT of Dadra & Nagar Haveli and Daman & Diu 2. Madhya Pradesh 3. Himachal Pradesh 4. Andhra Pradesh 5. Assam 6. Bihar 7. Haryana 8. Karnataka 9. Maharashtra 10. Meghalaya 11. Mizoram 12. Nagaland 13. Rajasthan 14. Telangana 15. West Bengal

Subject: Bye Elections to the House of the people and Legislative Assemblies of various States- the Election commission's Order regarding identification of electors.

Sir/Madam,

I am directed to enclose herewith the Election Commission's Order dared 4th October, 2021 regarding identification of electors at the 3 Parliamentary Constituencies of UT of Dadra & Nagar Haveli and Daman & Diu, Madhya Pradesh & Himachal Pradesh States & 30 Assembly Constituencies of 14 States (As per Annexure-I).

2. The Commission has directed that all electors in the above constituencies who have been issued EPIC have to produce the Electors Photo Identity Card (EPIC) for their identification at the polling station before casting their votes. Those electors who are not able to produce the EPIC shall produce one of the alternative photo identity documents mentioned in paragraph 7 of the Order for establishing their identity.

3. In the case of EPIC, minor discrepancies in the entries therein should be ignored provided the identity of the elector can be established by the same. If an elector produces an EPIC which has been issued by the Electoral Registration Officer of another Assembly Constituency, such card shall also be accepted for identification provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. If this not possible to establish the identity of the elector on account of mismatch of photograph, etc. the elector shall have to produce any one of the alternative photo documents mentioned in Para 7 of the Order.

4. Overseas electors shall have to produce their original Indian passport only for identification.

5. The Order may be brought to the notice of all the Returning Officers and Presiding Officers of the constituency concerned. The Returning Officers shall explain implications and contents of this Order to the Presiding Officers through special briefing. A copy of the Order translated in the vernacular language should be supplied to each of the Presiding Officers. The Returning Officers should also ensure that a copy of the Order is available with Presiding Officers at all polling stations. The Order shall be got published in the State Gazette, immediately and a copy of the same sent to the Commission for its information and record.

6. This Order shall also be given wide publicity through print/electronic media for information of the general public and electors immediately and subsequently at regular intervals till the date ofEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 3 polling. This should include paid Advertisements in the newspapers. All political parties in your State/UT and contesting candidates may also be informed, in writing, regarding these directions.

7. To facilitate the voter to know the serial number of electoral roll of his/her polling station date of poll, time etc., the Commission vide letter No. 464/INST/2021-EPS dated 26th February, 2021 (copy enclosed) has decided to issue 'Voter Information Slip' to the voters in place of Photo Voter Slip. Voter Information Slip will include information like Polling Station, Date, Time etc. Voter Information Slip will be distributed at least 5 days before the date of poll to all enrolled electors, by the District Election Officer. However, Voter Information Slip will not be allowed as proof of identity of voters.

8. Kindly acknowledge receipt and confirm action taken.

Yours faithfully,

Sd/– (ABHISHEK TIWARI) UNDER SECRETARYEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 4

भारत ननवााचन आयोग

ELECTION COMMISSION OF INDIA

र्नािाचि सदि,

आशोक रोड, ईि ददल्ली – 110001. Nirvachan Sadan, Ashoka Road, New Delhi – 110001. No. 464/INST/2021-EPS Dated : 26th February, 2021 To The Chief Electoral Officers of All States/UTs.

Subject : Voter Information Slip (VIS) – reg.

Reference : 1. No.464/INST/2011/EPS, dated 18.02.2011 2. No.464/INST/2011/EPS, dated 19.03.2011 3. No.464/INST/2013-EPS, dated 14.06.2013 4. No.464/INST-VS/2014/EPS, dated 21.03.2014 5. No.464/WB-LA/2016(INST)/, dated 01.04.2016 6. No.464/INST/2016/EPS, dated 26.12.2016 7. No.464/INST/2018-EPS, dated 15.01.2018 8. No.ECI/PN/22/2019, dated 28.02.2019

Sir/Madam,

I am directed to refer to the Commission's letters cited above, and to state that the Commission has decided to issue 'Voter Information Slip' to the voters in place of Photo Voter Slip.

Voter Information Slip will include information like Polling Station, Date and Time of the poll etc. but not the photograph of the voter. Further, it is stated that the Voter Information Slip will be distributed at least 5 days before the date of poll to all enrolled electors, by the District Election Officer. The Commission vide letter no. ECI/PN/22/2019, dated 28th February, has already decided that the Photo Voter Slip will not be accepted as an identification document for voting.

Necessary instructions may be issued to all concerned.

Yours faithfully, Sd/– (SANJEEV KUMAR PRASAD) UNDER SECRETARYEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 5

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110001

No. 3/4/ID/2021/SDR/VOL.II Dated : 4th October, 2021 12 Ashwin, Saka, 1943

O R D E R

1. Whereas, Seetion 61 of the Representation of the People Act, 1951 provides that with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electors Photo Identity Card for electors as the means of establishing their identity at the time of polling; and

2. Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of Electors Photo Identity Card to electors bearing their photographs at State cost; and

3. Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency have been supplied with Electors Photo Identity Card under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electors Photo Identity Card at the polling station and failure or refusal on their part to produce those Electors Photo Identity Card may result in the denial of permission to vote; and

4. Whereas, a combined and harmonious reading of the aforesaid provisions of the said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electors Photo Identity Card, where provided by the Election Commission at State cost, as the means of establishing their identity at the time of polling and that both are to be used together; and

5. Whereas, the Election Commission made an Order on the 28th August, 1993, directing the issue of Electors Photo Identity Card (EPIC) to all electors, according to a time bound programme; and

6. Whereas, Electors Photo Identity Card have been issued to approximate 100% electors in the States UT of Dadra & Nagar Haveli and Daman & Diu, Madhya Pradesh, Himachal Pradesh, Andhra Pradesh, Assam, Bihar, Haryana, Karnataka, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Nagaland, Rajasthan, Telangana & West Bengal; and

7. Now, therefore, after taking into account all relevant factors and the legal and factual position, the Election Commission hereby directs that for the current bye-elections from 3 Parliamentary Constituencies of UT of Dadra & Nagar Haveli and Daman & Diu, Madhya Pradesh & Himachal Pradesh States & 30 Assembly Constituency of 14 States (As per Annexure-I) notified on 01-10-2021, all electors who have been issued EPIC shall produce the EPIC for their identification at the polling station before casting their votes. Those electors who are not able to produce the EPIC shall produce one of the following alternative photo identity documents for establishing their identity: -

(i) Aadhar Card,

(ii) MNREGA Job Card,

(iii) Passbooks with photograph issued by Bank/Post Office,EXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 6 (iv) Health Insurance Smart Card issued under the scheme of Ministry of Labour, (v) Driving License, (vi) Pan Card, (vii) Smart Card issued by RGI under NPR, (viii) Indian Passport,

(ix) Pension document with photograph, (x) Service Identity Cards with photograph issued to employees by Central/State Govt./PSUs/Public Limited Companies, and (xi) Official identity cards issued to MPs/MLAs/MLCs.

8. In the case of EPIC, clerical errors, spelling mistakes, etc. should be ignored provided the identity of the elector can be established by the EPIC. If an elector produces an EPIC which has been issued by the Electoral Registration Officer of another Assembly Constituency, such EPIC shall also be accepted for identification provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. If it is not possible to establish the identity of the elector on account of mismatch of photograph, etc. the elector shall have to produce one of the alternative photo documents mentioned in Para 7 above.

9. Notwithstanding anything in Para 7 above, overseas electors who are registered in the electoral roll under Section 20A of the Representation of the People Act, 1950, based on the particulars in their Indian Passport, shall be identified on the basis of their original passport only (and no other identity document) in the polling station.

By Order,

Sd/– (Ashwani Kumar Mohal) SECRETARYEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 7

Annexure – I

ह/–

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ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi – 110 001

No. 576/EVM/2021/SDR-Vol.II Dated : 4th October, 2021 To

The Chief Electoral Officers of

1. UT of Dadra & Nagar Haveli and Daman & Diu 2. Madhya Pradesh 3. Himachal Pradesh 4. Andhra Pradesh 5. Assam 6. Bihar 7. Haryana 8. Karnataka 9. Maharashtra 10. Meghalaya 11. Mizoram 12. Nagaland 13. Rajasthan 14. Telangana 15. West Bengal

Subject: Bye Elections to the House of the people and Legislative Assemblies of various States/UT.– Use of Electronic Voting Machines and VVPAT-reg.

Sir,

I am directed to enclose herewith the Election Commission's Direction dated 4th October, 2021 regarding use of Electronic Voting Machines and VVPAT at the current bye elections from 3 Parliamentary Constituencies of UT of Dadra & Nagar Haveli and Daman & Diu, States of Madhya Pradesh & Himachal Pradesh & 30 Assembly Constituencies of 14 States (As per Annexure-I). The direction may be published in the Official Gazette of the State immediately.

2. I further directed to invite your attention to the Rules 49A, 49B, 49P and 49T(2) of the Conduct of Elections Rules, 1961, relating to the designs of voting machines, form and language(s) of the ballot paper on the balloting unit, design and language of tendered ballot paper and the manner of sealing of voting machines after the poll. The related instruction in this regard contained in the Chapter on 'Postal Ballot Papers and Ballot Papers for voting Machines', in Returning Officers' Handbook, 2019 edition may kindly be followed, Attention is also invited to the instructions regarding use of VVPAT system and sealing of the paper slip after counting is completed.

3. The above mentioned instructions may be brought to the notice of the Returning Officers of all the Constituencies for their information and compliance.

4. The aforesaid decision of the Election Commission may also be given wide publicity.

5. As regards counting of votes, your attention is invited to the provisions of Rules 50 to 54A, 60 to 66A and 55C to 57C of the Conduct of Elections Rules, 1961, and also the Commission's detailed directions and instructions relating to counting of votes as contained in the Returning Officers' Handbook, 2019 and the other supplementary instructions issued on the subject, from time to time. The Returning Officers should be instructed to follow the said directions and instructions scrupulously.

6. Kindly acknowledge receipt and confirm action taken.

Yous faithfully,

Sd/– (Abhishek Tiwari) Under SecretaryEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 12

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashok Road, New Delhi – 110 001

Dated :4th October, 2021

12 Ashwin, Saka, 1943

DIRECTION

No.576/3/EVM/2021/SDR-Vol.II:- Whereas, Section 61A of the Representation of the People Act, 1951, provides that the giving and recording of votes by Voting Machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission of India may, having regard to the circumstances of each case, specify; and

2 Whereas, as per the proviso to Rule 49A of the Conduct of Elections Rules, 1961, a Printer with a drop box of such design, as may be approved by the Election Commission of India, may also be attached to voting machine for printing a paper trail of the vote, in such constituency or constituencies or parts thereof as the Election Commission of India may direct; and

3 Whereas, the Election Commission has considered the circumstances in 3 Parliamentary Constituencies of UT of Dadra & Nagar Haveli and Daman & Diu, Madhya Pradesh & Himachal Pradesh States & 30 Assembly Constituencies of 14 States (As per Annexure-I), announeed vide the Election Commission's Press Note No. ECI/PN/83/2021 dated 28th September, 2021 and is satisfied that sufficient number of Electronic Voting Machines (EVMs) and Printers for printing Paper Trail [Voter Verifiable Paper Audit Trail (VVPAT)] are available for taking the poll in above said UT & States, the polling personnel are well trained in efficient handling of EVMs and 'VVPAT Printers' and the electors are also fully conversant with the operation of the EVMs and the VVPAT Printers;

4 Now, therefore, the Election Commission of India, in exercise of its powers under the said Section 61A of the Representation of the People Act, 195 1, and Rule 49A of the Conduct of Elections Rules, 1961, hereby specifies 3 Parliamentary Constituencies of UT of Dadra & Nagar Haveli and Daman & Diu, Madhya Pradesh & Himachal Pradesh States & 30 Assembly Constituencies of 14 States (As per Annexure-I) notified on 01-10-2021 as the constituencies in which the votes, shall be given and recorded by means of EVMs and VVPAT printers in the manner prescribed, under the Conduct of Elections Rules, 1961, and the supplementary instructions issued by the Election Commission from time to time on the subject.

5 The Election Commission also hereby approves the design of EVMs and VVPAT Printers as developed by the Bharat Electronics Ltd., Bangalore and Electronics Corporation of India Ltd., Hyderabad, which shall be attached to the said machines, to be used for the giving and recording of votes in all the Constituencies.

By Order,

Sd/– (Ashwani Kumar Mohal) SECRETARYEXTRAORDINARY No. 11 THE GAZETTE OF DNH & DD Page 13

Annexure – I

ह/–

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.