[Price : ` ` ` ` `. 110-00 Paise.
R.N.I. No. TELMUL/2016/73158.
HSE.No.1051/2017-19.
RULES SUPPLEMENT TO PART-I
EXTRA ORDINARY
OF
THE TELANGANA GAZETTE
PUBLISHED BY AUTHORITY
No. 25 ] HYDERABAD, SATURDAY, NOVEMBER 2, 2019.
NOTIFICATIONS BY GOVERNMENT
–––x–––
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT
(MA)
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THE TELANGANA MUNICIPALITIES AND MUNICIPAL CORPORATIONS (CONDUCT OF ELCTION OF MEMBERS) RULES, 2019.
[G.O.Ms.No.262, Municipal Administration & urban Develoment (MA), 2nd November, 2019].
In exercise of the powers conferred by Section 238 read with clause (26) of Section 2, Sections 10, 194, 195 and 196 of the Telangana Municipalities Act, 2019 (Act 11 of 2019) and in supersession of the rules issued in G.O.Ms.No.666, M.A. dated the 11th July, 2005, as amended from time to time, the Governor of Telangana, hereby makes the rules for the conduct of election of Members to Municipalities and Corporations in the State, as annexed to this orders.
[1]
G-468/1
2 TELANGANA GAZETTE [Part IAnnexure
THE TELANGANA MUNICIPALITIES AND MUNICIPAL CORPORATIONS
(CONDUCT OF ELECTION OF MEMBERS) RULES, 2019
INDEX
| Rule No. | Marginal heading | Page No. |
| CHAPTER – I (Preliminary) | ||
| 1 | Short title and Application | 8 |
| 2 | Definitions | 8-9 |
| CHAPTER-II (General Provisions) | ||
| 3 | Administrative Machinery for the Conduct of Elections | 9 |
| 4 | Display of voters list | 9 |
| 5 | Issue of election notice by the Returning Officer | 9 |
| 6 | Special Election Programme | 9 |
| 7 | Nomination of Candidates | 9-10 |
| 8 | Presentation of Nomination Paper and Requirements of valid Nominations | 10 |
| 9 | Deposits | 10-11 |
| 10 | Publication of list of nominations received | 11 |
| 11 | Scrutiny of Nomination Papers | 11-12 |
| 12 | Appeal against rejection of Nomination | 12 |
| 13 | Withdrawal of candidature | 12 |
| 14 | Preparation and Publication of list of Contesting candidates | 12-13 |
| 15 | Declaration of Result of Uncontested Election | 13 |
| 16 | Death of candidate before poll | 13 |
| 17 | Appointment of Election Agent | 14 |
| 18 | Appointment of Polling Agent | 14 |
| 19 | Appointment of Counting Agent | 14 |
| 20 | Prohibition for appointment as Election Agent , Polling Agent and Counting Agent | 14-15 |
| 21 | Rights of candidates and his/her Election Agent | 15 |
| 22 CHAPTER – III ( Postal Ballot ) | Non-attendance of Agents | 15 |
| 23 | Voting by postal ballot | 15 |
| 24 | Electors under preventive detention | 15 |
| 25 | Intimation by voters on election duty | 15-16 |
| 26 | Form of Postal Ballot Paper | 16 |
| 27 | Issue of Postal Ballot Paper | 16 |
| 28 | Recording of Vote | 16-17 |
| 29 | Assistance to illiterate or infirm voters | 17 |
| 30 | Re-issue of Ballot Paper | 17 |
| 31 | Return of Ballot paper | 17 |
| 32 | Safe custody of postal ballots | 17 |
| CHAPTER - IV | ||
| 33 | Voting at Polling Station | 17 |
| 34 | Right to vote (Voting to be in person) | 17 |
| 35 | Form of Ballot Paper | 18 |
| 36 | Arrangements at polling station | 18 |
| 37 | Admission to Polling Station | 18 |
| 38 | Preparation of Ballot Boxes | 18-19 |
| 39 | Demonstration of the marked copy of the electoral roll | 19 |
| 40 | Facilities for woman electors | 19 |
| 41 | Identification of electors | 19 |
| 42 | Facilities for public servants on election duty | 19 |
| 43 | Challenging of Identity | 19-20 |
| 44 | Safeguards against personation | 20 |
| 45 | Distinguishing Mark | 20 |
| 46 | Issue of ballot paper | 20-21 |
| 47 | Maintenance of secrecy of voting by electors and voting procedure | 21 |
| 48 | Recording of votes of Blind or infirm voters | 21 |
| 49 | Spoilt and returned ballot papers | 21 |
| 50 | Tendered votes | 22 |
| 51 | Closing of Poll and sealing of Ballot Boxes and covers after poll | 22 |
| 52 | Account of ballot papers | 22-23 |
| 53 | Delivery of ballot boxes to Returning Officer | |
| 54 | Procedure on adjournment of poll | |
| 55 | Fresh Poll in case of destruction of ballot boxes or Electronic Voting Machines | |
| 56 | Counting of votes | |
| 57 | Counting of Postal Ballot Papers | |
| 58 | Grounds for rejection of ballot papers | |
| 59 | Preparation of Final Results Sheet | |
| 60 | Recount of Votes | |
| 61 | Equality of Votes | |
| 62 | Declaration of result of election and return of election | |
| 63 | Grant of Election Certificate | |
| 64 | Publication of Results | |
| 65 | Sealing of used ballot papers | |
| 66 | Disposal of Ballot Papers | |
| CHAPTER V (Voting by Electronic Voting Machines) | ||
| 67 | Design of Voting Machine | 27 |
| 68 | Preparation of Voting Machine by the Returning Officer | 27 |
| 69 | Arrangements at the Polling Stations | 27-28 |
| 70 | Admission to Polling Station | 28 |
| 71 | Preparation of voting machine for poll | 28 |
| 72 | Marked copy of electoral roll | 28 |
| 73 | Facilities for Women electors | 28 |
| 74 | Identification of electors | 28 |
| 75 | Facilities for public servants on election duty | 28 |
| 76 | Challenging of Identity | 28 |
| 77 | Safeguard against personation | 28-29 |
| 78 | Procedure for voting by voting machines | 29 |
| 79 | Maintenance of secrecy of voting by electors within the polling station and voting procedure | 29 |
| 80 | Procedure in case of complaint about particulars printed on paper slips | 30 |
| 81 | Recording of votes of blind or infirm electors | 30 |
| 82 | Elector deciding not to vote | 30 |
| 83 | Tendered Votes | 30-31 |
| 84 | Presiding Officer's entry in the voting compartment during poll | 31 |
| 85 | Closing of poll | 31 |
| 86 | Account of votes recorded | 31 |
| 87 | Sealing of voting machine after poll | 31 |
| 88 | Sealing of other packets | 31-32 |
| 89 | Transmission of voting machines, etc., to the Returning Officer | 32 |
| 90 | Procedure on adjournment of poll | 32 |
| 91 | Closing of voting machines in case of booth capturing | 32 |
| 92 | Scrutiny and inspection of voting machines | 32 |
| 93 | Counting of votes | 32-33 |
| 94 | Scrutiny of Paper Trail | 33 |
| 95 | Sealing of Voting Machines | 33 |
| 96 | Sealing of voting machine with DMM/ SDMM facility where CUs and BUs are reused | 33-34 |
| 97 | Custody of voting machines or DMMs/SDMMs and papers relating to election | 34 |
| 98 | Production and Inspection of Voting Machines or DMMs/SDMMs and election papers | 34 |
| 99 | Safe custody of Voting Machines or DMMs/SDMMs and all other packets | 34-35 |
| 100 | Power of the State Election Commission to issue directions | 35 |
| CHAPTER - VI (Miscellaneous) | ||
| 101 | Interpretation of rules | 35 |
| 102 | Particulars of account of election expenses | 35 |
| 103 | Notice by the District Election Authority for inspection of accounts | 35 |
| 104 | Inspection of account and the obtaining of copies thereof | 35 |
| 105 | Report by the District Election Authority as to the lodging of the account of election expenses and the decision of the State Election Commission thereon | 35-36 |
| 106 | Maximum Election Expenses | 36 |
| 107 | Oath of the Members | 36 |
| 108 | Secrecy of voting not to be infringed | 36 |
List of Forms
| Form No. | Description in Brief | Page No. |
| I | Notice of Election for the office of Ward Member, Municipality/Corporation | 37-38 |
| II | Nomination Paper for the Office of Member, Municipality/Corporation | 39-43 |
| III | Publication of List of Nominations | 44 |
| IV | List of Validly Nominated Candidates | 45 |
| V | Notice of Withdrawal of Candidature | 46 |
| VI | Publication of Notice of Withdrawal of Candidature | 47 |
| VII | List of Contesting Candidates | 48 |
| VIII | Declaration of Result of Uncontested Election | 49 |
| IX | Appointment of Election Agent | 50 |
| IX A | Revocation of Appointment of Election Agent | 51 |
| X | Appointment of Polling Agent | 52-53 |
| X A | Revocation of Appointment of Polling Agent | 54 |
| XI | Appointment of Counting Agent | 55-56 |
| XI A | Revocation of Appointment of Counting Agent | 57 |
| XII | Application for Postal Ballot | 58 |
| XIII | Application for Election Duty Certificate | 59 |
| XIV | Format of Election Duty Certificate | 60 |
| XV | a) Declaration by Elector - for Postal Ballot | 61-62 |
| XVI | b) Cover - A in Form XVI - for Postal Ballot | 63 |
| XVII | c) Cover - B addressed to the Returning Officer in Form XVII - for Postal Ballot | 64 |
| XVIII | d) Instructions for the guidance for the elector in Form XVIII - for Postal Ballot | 65-66 |
| XIX | List of Challenged Votes | 67 |
| XX | Declaration by the Companion of Blind or Infirm Voter | 68 |
| XXI | List of Blind or Infirm Voters | 69 |
| XXII | List of Tendered Votes (when ballot boxes are used) | 70 |
| XXIII | Ballot Paper Account (when ballot boxes are used) | 71-73 |
| XXIV | Final Result Sheet (to be used for recording the result where counting is done polling station wise) | 74 |
| Final Result Sheet (to be used when the counting of votes is done by mixing) | 75-76 | |
| XXV | Declaration of Result of Election | 77 |
| XXVI | Return of Election | 78 |
| XXVII | Certificate of Election | 79 |
| XXVIII | Register of Voters | 80 |
| XXIX | Form of declaration by Elector | 81 |
| XXX | List of Tendered Votes (when EVMs are used) | 82 |
| STATUTORY FORMS CAN BE USED WHERE EVMS ARE USED | ||
| XXXI | Account of Votes Recorded (When EVMs are used) | |
| XXXI | Account of Votes Recorded (where EVMs & VVPATs are used) | |
| XXXII | Oath of Member |
ANNEXURE
THE TELANGANA MUNICIPALITIES AND MUNICIPAL CORPORATIONS
(CONDUCT OF ELECTION OF MEMBERS) RULES, 2019
CHAPTER – I
PRELIMINARY
1. Short title application and commencement:-
(1) These Rules may be called the Telangana Municipalities and Municipal Corporations (Conduct of Election of Members) Rules, 2019.
(2) These rules shall come into force from the date of publication in the Telangana Gazette.
(3) These rules shall apply to all the Municipalities and Municipal Corporations in the State except Greater Hyderabad Municipal Corporation.
2. Definitions:- (1) In these rules, unless the context otherwise requires –
(a) 'Act' means the Telangana Municipalities Act, 2019;
(b) 'Assistant Returning Officer' means an officer appointed by the State Election Commission to do any act or perform any function in connection with the conduct of elections under these rules.
Explanation:- The State Election Commission or an Authority Authorised by State Election Commission may appoint one or more persons who shall be an Officer or Officers of the local authority or the Government, as Assistant Returning Officer or Officers to assist the Returning Officer in the performance of his/her functions and every Assistant Returning Officer so appointed shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer except the scrutiny of nominations and the expression Returning Officer shall be deemed to include such Assistant Returning Officer also.
(c) 'Government' means the state Government of Telangana;
(d) 'Ballot box' includes any box, bag or other receptacle used for the insertion of ballot papers by voters;
(e) 'Counterfoil' means the counterfoil attached to a ballot paper printed under the provisions of these rules;
(f) "Detachable Memory Module (DMM) / Secured Detachable Memory Module (SDMM)" means such electronic memory device which is attached to the control unit of electronic voting machine and keeps the election data safely in secured manner.
(g) 'Election' means an election to fill a vacancy in the office of Member of Municipality or Corporation;
(h) 'Elector' in relation to an election to any Municipality or Corporation means, a person in the electoral roll of the ward concerned for the time being in force and who is not subject to any disqualification for voting;
(i) 'Electoral Roll' in relation to a Municipality or Corporation means, the electoral roll published under section 195-Aof the Act;
(j) 'Electronic Voting Machine' means the voting machine referred to in section 196 of the Act; (k) 'Form' means a form appended to these rules;
(l) 'Marked copy of the electoral roll' means the copy or copies of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election or to whom access is allowed to Electronic Voting Machines in order to exercise their franchise.
(m) 'Polling station' in relation to any election held under these rules means, the place fixed for taking the poll at such election;
(n) 'Presiding Officer', includes any polling officer performing any of the functions of a Presiding Officer under these rules;
(o) 'Public Holiday' means any day declared as such by the Government;
(p) 'Section' means a section of the Act;
(q) 'Voter Verifiable Paper Audit Trail (VVPAT)' means Voter verifiable Paper Audit Trail System which enables the voter to physically verify the vote cast by herself/himself in addition to keeping a physical record of the ballot enabling manual counting of votes in specified circumstances.
November 2, 2019] RULES SUPPLEMENT 9(2) The words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Act.
(3) For the purpose of these rules, a person who is unable to write his/her name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper, if –
(a) he/she has placed a mark on such instrument or other paper in the presence of the Returning Officer or the Presiding Officer or such other Officer specified in these rules;
(b) such Officer on being satisfied as to his/her identity has attested the mark as being the mark of that person.
CHAPTER – II
GENERAL PROVISIONS
3. Administrative Machinery for the Conduct of Elections:- The Administrative Machinery for the purpose of conducting elections under these rules, shall be such as may be specified by the State Election Commission, by an order made under Article 243 ZA of the Constitution of India.
4. Display of voters list:- The Returning Officer shall affix a notice on the notice board of his/her office, showing the voters list thereof, or of any ward(s) thereof, notified for elections, on the day of publication of election notice under Section 195 of Telangana Municipalities Act, 2019.
5 Issue of Election Notice by the Returning Officer:- The Returning Officer shall, on the basis of the election notification issued by the State Election Commission under Section 195, shall give public notice of the intended elections for Wards of Municipality or Municipal Corporation in Form-I in English & Telugu languages which shall be published in such manner as the Returning Officer thinks fit.
6. Special Election Programme:- Not withstanding anything contained in these rules, where the election process is interrupted or the election programme has to be altered on account of the orders of any court of law or for other valid reasons to be recorded in writing, it shall be competent for the State Election Commission either generally or in respect of all or any of the wards of a Municipality or Corporation to alter the election programme notified under sub-section (2) of section 195 and to re-notify the election programme as it deems fit in the circumstances of the case without having regard to the guidelines mentioned in said rule and the Returning Officer shall give effect to the same:
Provided that where the election programme is re-notified under this rule commencing from the making of nominations, the nominations already made shall be disregarded and the deposits, if any, made under Rule 9 shall be refunded.
7. Nomination of Candidates:- (1) Any person may be nominated as a candidate for election to the office of Member of Municipality or Municipal Corporations if he/she is qualified to be chosen to fill the seat under the provisions of the Act. Every nomination paper shall be in Form II. This shall be presented by the candidate or by his/her proposer in person, between the hours specified, and signed by the candidate and by the proposer. The candidate shall sign the declaration on the nomination paper expressing his/her willingness to stand for the election. The Returning Officer or such other authorised person shall forthwith number the nomination papers serially in the order in which they are presented and enter on each nomination paper, the time at which it is presented. He shall give a receipt for the same as per Part VI of the Form-II.
(2) (a) A candidate for the office of Member of Municipality or Municipal Corporations shall be a person whose name is registered in the electoral roll for that Municipality or Municipal Corporation, as the case may be.
(b) The proposer for member of a ward shall be a registered voter in the concerned ward.
(c) A candidate for the office of Member of Municipality or Municipal Corporation, which is reserved, to be filled by a person belonging to the Scheduled Tribes or Scheduled Castes or Women or Backward Classes, as the case may be, shall not be deemed to be qualified to be chosen to fill that seat unless his/ her nomination paper contains a declaration in Form-II by him specifying the particular tribe or caste or class of which he is a member and the area in relation to which that Tribe or Caste is a Scheduled Tribe or as the case may be, a Scheduled Caste or Backward Class of the State. This declaration shall be made before any Gazetted Officer of the Government or before any Officer of the Revenue Department not below the rank of a Deputy Tahasildar.
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10 TELANGANA GAZETTE [Part IOr
A copy of the caste certificate issued by competent Authority.
(d) Each candidate shall be nominated on a separate nomination paper.
(e) A candidate may be nominated by more than one nomination paper but not more than four nomination papers for election for the same office of Ward Member.
(f) A candidate may be nominated by more than one proposer separately for the same elective post in a separate nomination paper.
(g) A voter can propose only one candidature.
(3) A candidate may file nominations for more than one ward in a Municipality or Municipal Corporation, but he/ she shall withdraw his/her nominations to all but one Ward of his/her choice, before the date and time fixed for withdrawal of candidature, failing which, all his/her nominations shall become invalid and shall not be allowed to contest from any Ward.
(4) Every nomination paper shall be presented by the candidate in person or by his/her proposer on the date, at the place and during the hours appointed, to the Returning Officer or to such other person as may be authorised by him/ her in this behalf.
8. Presentation of Nomination Paper and Requirements of Valid Nominations:-
(1) On receiving nomination paper, the Returning Officer shall forthwith number the nomination paper serially in the order in which it is presented and give a receipt as provided in Form-II. The Returning Officer or such other authorised person shall satisfy himself / herself that the name and serial number of the candidate and his/her proposer, as entered in the nomination paper, are the same as those entered in the electoral roll ignoring clerical mistakes if any. Where necessary, he shall direct that the nomination form be amended so as to be in accordance with the electoral roll.
(2) The Returning Officer may while interpreting an entry in the electoral roll overlook merely clerical or printing errors, but he shall record the interpretation adopted by him, together with the reasons therefor, while making the formal acceptance or rejection on scrutiny of a nomination.
(3) Every candidate shall, along with the nomination paper also file a declaration with regard to his/her criminal antecedents, assets and liabilities and educational qualifications as required by the State Election Commission and in the prescribed format attested by two witnesses.
9. Deposits:- (1) The State Election Commission may, before ordinary election, by notification, specify the amount of deposit, which each candidate has to make and different amounts may be specified for different categories of candidates. At or before the time of presentation of his/her nomination paper each candidate shall remit or cause to be remitted the specified amount of deposit, in any Government Treasury or Bank to the credit of the concerned Municipality or Municipal Corporation. The Returning Officer shall furnish the details of the Municipal Account to which the deposit is required to be credited. No candidate shall be deemed to be duly nominated, unless the deposit as aforesaid has been made:
Provided that where a candidate has been nominated in more than one nomination paper for an office, not more than one deposit shall be required to be made.
Explanation:- The delivery to the Returning Officer of a receipt from Government Treasury or from the Bank in which the concerned local body has an account, evidencing the payment by or on behalf of a candidate to the credit of the Municipality or Municipal Corporation of the amount required to be deposited under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule, made by or on behalf of such candidate at the time of such delivery;
(2) If no nomination paper is received within the time appointed in that behalf, in respect of any person by whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any such person is rejected, or if he withdraws his/her candidature in the manner and within the time specified in sub-rule (1) of Rule 13, the deposit shall be returned immediately to the person by whom it was made, and if any candidate dies before commencement of the poll, any such deposit if made by him/ her shall be returned to his/her legal representative, if not made by the candidate, shall be returned to the person by whom it was made.
November 2, 2019] RULES SUPPLEMENT 11(3) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made, is not elected and the number of valid votes polled by him/ her does not exceed one twentieth of the total number of valid votes polled by all the candidates, the deposit shall be forfeited, to the Municipality or Municipal Corporation.
(4) The deposit made in respect of a candidate shall, if it is not forfeited under sub-rule (3) be returned to the candidate or to the person who has made the deposit on his/her behalf as the case may be, within thirty days after publication of the result of election.
(5) A deposit required to be returned to any person under sub-rule (2) or sub-rule (4) shall, if such person is dead, be returned to his/her legal representative.
(6) Notwithstanding anything contained in this rule, immediately after publication of the result of election, the Returning Officer or the person authorised by the District Collector in this behalf, shall pass an order as to whether a deposit made under sub-rule (1) shall be refunded or forfeited. The executive authority concerned shall, within thirty days from the date of publication of the result, return the deposit to the person who made the deposit or to his/ her legal representative when such deposit is refundable. In the case of forfeiture of deposit under sub-rule (3), the Returning Officer shall communicate an order to the person concerned who made the deposit citing the reason for such forfeiture.
(7) The amounts received towards election deposit, and credited to the Municipality or Municipal Corporation fund shall be remitted to the Government Account by the Executive Authority concerned after deducting any refunds made to the concerned for any reason provided under these rules.
10. Publication of list of nominations received:- On the last day appointed for the receipt of nomination papers and immediately after the hour fixed for their receipt is past, the Returning Officer or such other authorised person shall publish at his/her office in English & Telugu languages a list in Form-III of all the nominations received, with a notice that the nomination papers will be taken up by the Returning Officer for scrutiny at the Municipal Office or any other specified place, and on the date and time appointed.
11. Scrutiny of Nomination Papers:- (1) On the date appointed for scrutiny of the nominations, the candidate, the proposer of each candidate and one other person duly authorised in writing by each candidate, may attend at such time and place specified. No other person shall be entitled to be present. The Returning Officer may, however, admit such other persons as he thinks fit to assist him. He shall give such persons all reasonable facilities to examine the nomination papers of all the candidates, which have been received as aforesaid.
(2) The Returning Officer shall then examine the nomination papers and shall decide on all objections which may be made. Based on a summary enquiry on such objections or on his/her own motion as he thinks necessary, reject any nomination on any of the following grounds, namely-
(i) that the candidate is ineligible for election as a Member of the Municipality or Municipal Corporation under Sections 12 of the Act; or
(ii) that the name of the candidate is not registered in the electoral roll of the Municipality or Municipal Corporation;
(iii) that the name of the proposer is not registered in the electoral roll of the concerned ward of Municipality or Municipal Corporation; or
(iv) that the candidate or his/her proposer has failed to comply with any of the provisions of Rules 7, 8(3) and 9;
(v) that, in case the office is reserved for any community or women, the candidate does not belong to that community or is not a women, as the case may be; or
(vi) that the signature/thumb impression of the candidate or the proposer in the nomination paper is not genuine:
Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect description of his/her name or of the name of his/her proposer, or of any other particulars relating to the candidate or his/her proposer as entered in the electoral roll, if the identity of the candidate or proposer, as the case may be, is otherwise established beyond reasonable doubt.
Provided further that the Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
12 TELANGANA GAZETTE [Part I(3) The Returning Officer shall endorse on each nomination paper, his/her decision, accepting or rejecting the same and, if the nomination paper is rejected, he/ she shall record in writing a brief statement of his/her reasons for such rejection. The scrutiny shall be completed on the date appointed in this behalf and no adjournment of the proceedings shall be allowed except where such proceedings are interrupted or obstructed by riot or open violence or for causes beyond the control of the Returning Officer:
(4) Immediately after all the nomination papers have been scrutinized and the decisions, accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates, and affix it on the notice board of his/her office in Form-IV. There shall be one entry only in respect of each validly nominated candidate in the list, although more nomination papers than one in respect of him/ her may have been accepted as valid. If none of the nomination papers is found valid on scrutiny, no name of the candidate should be entered in the list.
12. Appeal against rejection of Nomination:- A person whose nomination paper is rejected may prefer an appeal against the decision of the Returning Officer before the District Election Authority or Additional District Election Authority or Deputy District Election Authority as authorised by District Election Authority concerned on the day immediately following the date of scrutiny of nominations. The appeal shall be disposed off by the appellate authority the day immediately following the date of filing of appeal.
13. Withdrawal of Candidature:- (1) Any candidate may withdraw his/her candidature by notice in writing in Form-V signed by him/her and delivered to the Returning Officer by such candidate in person at any time after the presentation of his/her nomination paper and not later than 3-0' Clock in the afternoon of the third day succeeding that appointed for scrutiny of the nominations whether or not it is a public holiday. Where such notice is not delivered by such candidate in person, it shall be delivered by his/her proposer or Election Agent who has been specifically authorised in this behalf in writing by such candidate. The Returning Officer shall give a receipt for the same as provided in Form–V on being satisfied as to the genuineness of the notice of withdrawal and the identity of the candidate.
(2) The Returning Officer on receiving a notice of withdrawal under sub-rule (1) shall, as soon as may be, cause a notice of the withdrawal to be published in Form-VI to be affixed on the notice board of the Municipal Office
(3) A candidate who has withdrawn his/her candidature under sub-rule (1) shall not be allowed to cancel the withdrawal.
14. Preparation and Publication of list of Contesting candidates:- (1) On the expiry of the time allowed for withdrawal of candidature under Rule 13 the Returning Officer shall prepare in English & Telugu languages in Form-VII a list of persons whose nominations have not been rejected and who have not withdrawn their candidature and publish it on the notice board of his/her office forthwith whether or not it is a public holiday. The list shall contain the names of the candidates in alphabetical order in Telugu and shall describe them as in their nomination paper.
(2) In the election to Member of the Municipality or Municipal Corporation, for the purpose of listing, the names of the candidates shall be classified as follows namely-
(i) candidates of recognized National and State political parties registered with TSEC;
(ii) candidates of political parties registered in the TSEC with a reserved symbol;
(iii) candidates of political parties registered with TSEC, without a reserved symbol;
(iv) all others as Independent candidates.
(3) The arrangement of names of candidates shall be on the basis of first letter of his/her name irrespective of whether the name given is a proper name or surname. The initials, if any, prefixed to the name of the candidate shall be ignored for the aforesaid purpose. Further, if two or more such candidates have the same name but different surnames in same category, then their names should be arranged inter-se in alphabetical order with reference to the surnames. If two candidates in the same category have the same name and surname but different initials, then the two names should be arranged inter se with reference to the first letter of the initial.
(4) If two or more candidates falling under the same category bear the same name and surname / initials they shall be distinguished by the addition of their occupation or residence or in some other manner. In the list of contesting candidates, the names of such candidates shall be arranged in the order in which their nominations were received by the Returning Officer.
November 2, 2019] RULES SUPPLEMENT 13There will also be no objection to the addition of any honorific, academic, hereditary, professional or any other title to the name of a candidate, but such title should on no account be taken into consideration, in the arrangement of names in alphabetical order.
(5) If the poll is found to be necessary, the Returning Officer shall assign to each contesting candidate a distinctive symbol subject to such directions as may be issued by the State Election Commission in that behalf.
Provided further that the Returning Officer shall assign to every contesting candidate a distinctive symbol as per the provisions of paragraph 6 of the Registration of Political Parties and Allotment of Symbols Order, 2018, and any other instructions issued by the State Election Commission in this behalf from time to time.
(6) In every case where a symbol has been assigned to a candidate under sub-rule (5) such candidate or his/her Election Agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen thereof by the Returning Officer.
15. Declaration of Result of Uncontested Election:- (1) If the number of contesting candidates is more than one, poll shall be taken.
(2) If there is only one validly nominated candidate, the Returning Officer shall forthwith declare such candidate as duly elected in Form-VIII and send the same to the State Election Commission, through the Election Authority.
16. Death of candidate before poll:-
(1) Where an independent candidate or a candidate of a Registered Political Party without a reserved symbol dies before the poll, it shall not be necessary to countermand the poll;
(2) If a candidate, set up by a recognised or registered political party with a reserved symbol, - (i) dies at any time after 10.00 AM on the last date of making nominations and his/her nomination is found valid on scrutiny under rule 11;
(ii) whose nomination has been found valid on scrutiny under rule 11 and who has not withdrawn his/her candidature under rule 13 dies and in either case, a report of his/her death is received at any time before the preparation and publication of the list of contesting candidate under rule 14; or
(iii) dies as a contesting candidate and a report of his/her death is received before the commencement of the poll,
the Returning Officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the same to the State Election Commission, Election Authority and to the District Election Authority:
Provided that no order adjourning a poll shall be made in a case referred to in sub-rule (i) except after the scrutiny of all the nominations including the nomination of the deceased candidate.
(3) The State Election Commission shall, on receipt of a report from the Returning Officer under sub- rule (2), call upon the recognized or registered political party with a reserved symbol as the case may be, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognized or registered political party and the provisions of section 195 and rules 7 to 14 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations;
Provided that no person who has given a notice of withdrawal of his/her candidature under sub-rule (1) of rule 13 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.
(4) where a list of contesting candidates had been published under sub-rule (1) of rule 14 before the adjournment of the poll, the Returning Officer shall again prepare and publish a fresh list of contesting candidates under the aforesaid rule so as to include the name of the candidate who has been validly nominated.
14 TELANGANA GAZETTE [Part I17. Appointment of Election Agent :- (1) A candidate at an election may appoint any one person other than himself / herself to be his/her Election Agent . The notice of such appointment shall be given in Form-IX by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the Election Agent after affixing therein his/her seal and signature in token of his/her approval of the appointment.
(2) An Election Agent may perform such functions in connection with the election as are authorised by or under these rules to be performed by an Election Agent.
(3) (i) Any revocation of the appointment of an Election Agent shall be signed by the candidate and shall operate from the date on which it is lodged with the Returning Officer in Form-IXA
(ii) In the event of such revocation or of the death of an Election Agent the candidate may appoint in like manner another person to be his/her Election Agent ; and when such appointment is made, notice thereof shall be given in the manner laid down in sub-rule (1).
(4) No person shall be appointed as Election Agent who is disqualified under section 12 excepting the one mentioned in clause (f) of sub-provision (2) of provision 2 of schedule IV of said section.
18. Appointment of Polling Agent:- (1) The number of polling agents that may be appointed by a contesting candidate or his/her Election Agent , shall, in respect of each polling station, be one agent and a relief agent.
(2) Every such appointment shall be made in Form-X and shall be made over to the polling agent for production at the polling station.
(3) No polling agent shall be admitted into the polling station unless he/she has delivered to the Presiding Officer the instrument of his/her appointment under sub-rule (2) after duly completing and signing before the Presiding Officer the declaration contained therein.
(4) A polling agent may perform such functions in connection with the poll as are authorised by or under these rules, to be performed by a polling agent.
(5) Any revocation of the appointment of a polling agent shall be signed by the candidate or his/her Election Agent, as the case may be. Such revocation shall operate from the date and time on which it is lodged with the Returning Officer in Form-XA. In the event of such a revocation or of the death of a polling agent before the close of the poll the candidate or his/her Election Agent may appoint another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment as laid down in sub-rule (1).
19. Appointment of Counting Agent:- (1) Each candidate may appoint such number of counting agents at the place or places fixed for counting as may be specified by the District Election Authority.
(2) Every such appointment shall be made in Form-XI in duplicate one copy of which shall be forwarded to the Returning Officer while the other copy shall be made over to the counting agent for production before the Returning Officer not later than one hour before the time fixed for counting.
(3) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under these rules to be performed by a counting agent.
(4) Any revocation of the appointment of a counting agent shall be signed by the candidate or his/her Election Agent as the case may be. Such revocation shall operate from the date on which it is lodged with the Returning Officer in Form-XIA In the event of a revocation or of the death of a counting agent at any time before the counting of votes is commenced, the candidate or his/her Election Agent may appoint another person as the counting agent and when an appointment is made, a notice of such appointment in the manner prescribed above shall be given to the Returning Officer.
20. Prohibition for appointment as Election Agent , Polling Agent and Counting agent:- The following persons, irrespective of whether he/she is provided with security or not or anything else shall not be appointed as Election Agent , Polling Agent and Counting Agent of a candidate during an election:-
(i) Any sitting Minister of Union and State Government;
(ii) Sitting Member of Parliament;
(iii) Sitting Member of Legislative Assembly/Legislative Council;
(iv) Mayor of a Corporation, Chairperson of Municipality;
November 2, 2019] RULES SUPPLEMENT 15(v) Chairperson of Zilla Praja Parishad and President of Mandal Praja Parishad, Sarpanch of a Gram Panchayat or any sitting member of any Mandal Praja Parishad or Zilla Praja Parishad;
(vi) Elected Chairperson of National/State/District co-operative Institution;
(vii) Political functionaries appointed as Chairpersons of Central PSUs/State PSUs, Chairpersons of Government Bodies, Government Pleader/ Additional Government Pleader;
(viii) Any Government servant.
21. Rights of candidates and his/her Election Agent :- (1) At every election where a poll is taken, each contesting candidate at such election and his/her Election Agent shall have a right to be present at any polling station.
(2) A contesting candidate him/herself or his/her Election Agent may do any act or thing which any polling agent or the counting agent of such contesting candidate if appointed, would have been authorised by or under these rules to do, or may assist any polling agent or counting agent of such contesting candidate in doing any such act or thing.
22. Non-attendance of Agents:- Where any act or thing is required or authorised by or under these rules to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
CHAPTER – III
POSTAL BALLOT
23. Voting by Postal Ballot:- (1) At an election where a poll is taken, any member of the Armed Forces of the Union or a member of the Armed Police Forces of the State serving outside the State may give his/her vote by a postal ballot and such person shall not be entitled to give his/her vote in any other manner. The wife of any such person may also give her vote by postal ballot.
(2) Such list which is last part of the concerned Assembly Constituency Electoral Roll shall be obtained from the concerned District Election Authority.
24. Electors under preventive detention:- (1) Subject to the other provisions of these rules, a voter of a Ward may, if he is subject to preventive detention under any law for the time being in force, give his/her vote by postal ballot at any election in such Ward where a poll is taken.
(2) As soon as possible, after a notice is published under sub-section (4) of section 195 and rule 5, the Returning Officer shall ascertain in writing from the District Collector whether any voter in that Municipality or Municipal Corporation is subject to preventive detention under any law for the time being in force. The Collector shall within five days from the date of receipt of such communication from the Returning Officer forward list of names of any such voters in that Ward, if any, together with their addresses and the particulars about their place of detention to the Returning Officer.
(3) Any voter who is subject to preventive detention under any law for the time being in force or on his/ her behalf any member of his/her family may within ten days from the date of publication of the notice apply to the Returning Officer of the Ward for permission to give his/her vote by postal ballot at the election. Every such application shall specify the name of the voter, his/her address, his/her serial number in the electoral roll and the particulars regarding his/her place of detention.
(4) If the Returning Officer is satisfied that the person whose name has been forwarded under sub-rule (2) or who has made an application under sub-rule (3) is under preventive detention and is a voter in the Ward to which the election relates and is entitled to vote at such election, he / she shall permit such person to give his/her vote at the election by postal ballot.
(5) While granting any such permission, the Returning Officer shall, at the same time, put the letters 'P.B.' against his/her name in the marked copy of the electoral roll which means that a postal ballot has been issued.
25. Intimation by voters on election duty:- (1) A registered voter in the Urban Local Body who is on Election duty and who wishes to vote by post at an election shall send an application in Form–XII to the Returning Officer so as to reach him/ her atleast seven days or such shorter period as the Returning Officer may allow before the date of poll and if the Returning Officer is satisfied that the applicant is such public servant and voter on election duty, he / she shall issue a postal ballot paper to him / her. The Returning Officer shall mark 'P.B' against his/her name in the marked copy of the electoral roll to indicate that a postal ballot paper has been issued to him.
16 TELANGANA GAZETTE [Part I(2) Where such voter, being on election duty in the Ward of a Municipality / Municipal Corporation of which he/ she is an elector, wishes to vote in person at an election in a Ward and not by post, he/she shall send an application in Form-XIII to the Returning Officer so as to reach him / her atleast four days, or such shorter period as the Returning Officer may allow, before the date of poll; and if the Returning Officer is satisfied that the applicant is such public servant and voter on election duty in the Ward, he/ she shall—
(a) issue to the applicant an election duty certificate in Form-XIV;
(b) mark 'EDC' against his/her name in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him, and
(c) Ensure that he is not allowed to vote at the polling station where he would otherwise have been entitled to vote.
26. Form of Postal Ballot Paper:- (1) Every postal 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 State Election Commission may direct.
(2) In the postal ballot paper below the last name of the candidate, None Of The Above (NOTA) provision shall be provided in the manner prescribed by the State Election Commission for the benefit of those electors who may wish to exercise the option of not voting for any of the contesting candidates in the fray.
27. Issue of Postal Ballot Paper:- (1) The Returning Officer shall, in case of every voter who is entitled to give his/her vote at the election by postal ballot, as soon as may be after the publication of list of contesting candidates at the election, send by post under certificate of posting to each such voter a ballot paper together with – a) a declaration in Form-XV b) a cover in Form -XVI c) a large cover addressed to the Returning Officer in Form-XVII d) instructions for the guidance for the elector in Form-XVIII
Provided that the Returning Officer may in case of voter on election duty deliver the cover ballot paper and forms or cause them to be delivered to such voter personally.
(2) The Returning Officer shall, at the same time -
a) record on the counterfoil of the ballot paper, the number of the elector as entered in the marked copy of the electoral roll;
b) mark the name of the elector in the marked coy of the electoral roll to indicate that a postal ballot paper has been issued to him/ her without however recording therein the serial number of the ballot paper issued to that elector; and
c) ensure that the elector to whom postal ballot paper is issued is not allowed to vote at a polling station.
(3) Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay.
(4) After all the ballot papers are issued under this rule, the Returning Officer shall seal in a separate packet, the counterfoils of the ballot papers issued to the voters entitled to vote under postal ballot and record on the packet a brief description of its contents and the date on which it was sealed.
(5) No election shall be invalid by the reason that a voter has not received his/her postal ballot paper.
28. Recording of Vote:- (1) An elector who has received a postal ballot paper and desires to vote shall record his/her vote on the ballot paper in accordance with the directions contained in Part-I of Form-XVIII and then enclose it in the cover in Form-XVI.
(2) The elector shall sign the declaration in Form-XV 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 in which the voter or her husband, as the case may be, is employed;
November 2, 2019] RULES SUPPLEMENT 17(b) in the case of a voter on election duty, any gazetted officer or the Presiding Officer of the polling station at which he /she is on election duty.
(c) in the case of an elector under preventive detention, the Superintendent of the Jail or the Commandant of the detention camp in which the elector is under detention; and
(d) in any other case, such officer as may be notified by the State Election Commission.
29. Assistance to illiterate or infirm voters:- (1) If an elector is unable through illiteracy, blindness or other physical infirmity to record his/her vote on a postal ballot paper and sign the declaration, he shall take the ballot paper, together with declaration and the covers received by him/ her to an officer competent to attest his/her signature under sub-rule (2) of rule 28 and request the officer to record his/her vote and sign his/her declaration on his/her behalf.
(2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his/her presence, sign the declaration on his/her behalf and complete the appropriate certificate contained in Form- XV.
30. Re-issue of Ballot Paper:- (1) When a postal ballot paper and other papers sent under Rule 27 are for any reason returned undelivered, the Returning Officer may re-issue them by post under certificate of posting or deliver them or cause them to be delivered to the elector personally on a request being made by him.
(2) If any elector has inadvertently dealt with the ballot paper or any of the other papers sent to him/ her under Rule 27 in such a manner that they cannot conveniently be used, a second set of papers shall be issued to him/ her after he has returned the spoiled papers and satisfied the Returning Officer of the inadvertence.
(3) The Returning Officer shall cancel the spoiled papers so returned and keep them in a separate packet after noting thereon the particulars of the election and the serial numbers of the cancelled ballot papers.
31. Return of Ballot Paper:- (1) After an elector has recorded his/her vote and made his/her declaration under Rule 28 or Rule 29 he/she shall return the ballot paper and declaration to the Returning Officer in accordance with the instructions communicated to him/her in Part-II of Form-XVIII so as to reach the Returning Officer before the hour fixed for the commencement of counting of votes.
(2) If any cover containing a postal ballot paper is received by the Returning Officer after the expiry of the time fixed in sub-rule (1), he/she shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet.
32. Safe Custody of postal ballots:- The Returning Officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him.
CHAPTER – IV
VOTING BY BALLOT
33. Voting at Polling Station:- (1) If poll has to be taken, the Returning Officer shall appoint forthwith one Presiding Officer and one or more polling officers at each polling station and may pay the remuneration as fixed by the Government for their services:
Provided that if a polling officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of or has been otherwise working for a candidate in or about the election, to be the polling officer during the absence of the former officer and inform the Returning Officer accordingly.
(2) A polling officer shall, if so directed by the Presiding Officer perform all or any of the functions of a Presiding Officer under these rules or any rules or orders made thereunder.
(3) If the Presiding Officer, owing to illness or other unavoidable cause, is obliged to absent himself / herself from the polling station, his/her functions shall be performed by such Polling Officer as has been previously authorised by the Returning Officer to perform such functions during any such absence.
34. Right to vote (Voting to be in person):- All electors voting at an election shall do so in person at the polling station provided for them under the rules.
G-468/3
18 TELANGANA GAZETTE [Part I35. Form of Ballot Paper:- (1) Every Ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form as the State Election Commission may, by order, direct.
(2) In the ballot paper, below the last symbol, None of The Above (NOTA) provision shall be provided and a symbol may also be assigned to it in the manner prescribed by the State Election Commission for the benefit of those electors who may wish to exercise the option of not voting for any of the contesting candidates in the fray.
36. Arrangements at Polling Station:- (1) Outside each polling station there shall be displayed prominently,- (a) a notice specifying the polling area, the serial number of electors in the relevant electoral roll who are entitled to vote at the polling station; and
(b) a copy of the list of contesting candidates with the serial numbers and the symbols assigned to them and the seat for which the election is held.
(2) At each polling station there shall contain voting compartment in which electors can record their votes, screened from observation.
(3) The names of the contesting candidates along with their symbols shall be displayed inside the polling station, above the ballot box to enable the voter to exercise his/her franchise without difficulty.
(4) The Returning Officer shall provide at each polling station sufficient number of ballot boxes, copies of the electoral roll or such part thereof as contains the names of the electors entitled to vote at the polling station, ballot papers, instruments for stamping the distinguishing mark on the ballot paper and articles necessary for electors to mark the ballot papers, stationery and such forms as may be necessary.
37. Admission to Polling Station:- (1) The Presiding Officer shall keep order at the polling station, shall see that the election is fairly conducted, shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude there from all persons other than,-
a) his/her polling officers and such persons as the Presiding Officer may, from time to time, admit for the purpose of identifying electors;
b) other public servants on duty in connection with the election; c) the candidates, their Election Agent s, and one polling agent of each candidate at a time; d) a child in arms accompanying an elector; e) a person accompanying blind or infirm voters who cannot move without help; and f) persons authorised by the State Election Commission.
(2) Where a woman elector cannot be identified by the identification officers appointed for the purpose by reason of her observing 'purdah' she may be required to be identified by any of women voter in the queue or local women government employee unless she otherwise satisfies the Presiding Officer of her identity.
38. Preparation of Ballot Boxes:-(1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his/her own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous of affixing the same.
(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot piper 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.
(4) Where it is not necessary to use paper seals or securing the ballot boxes, the Presiding Officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals.
(5) Every ballot box used at a polling station shall bear label both inside and outside marked with:-
(a) the details of the Ward of the Municipality or Municipal Corporation;
(b) the serial number and name of the polling station;
(c) 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
(d) the date of poll.
November 2, 2019] RULES SUPPLEMENT 19(6) Immediately before commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present, that the ballot box is empty and bears the labels referred to in sub-rule (5) (7) The ballot box shall then be closed, sealed, secured and placed in full view of the Presiding Officer and polling agents.
(8) Before commencement of the poll, the Presiding Officer shall read to such persons as may be present in the Polling stations, the provisions of section 212 of the Act, and shall explain the substance thereof in the main language of the district.
39. Demonstration of the marked copy of the electoral roll:- Immediately before commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and others present, the marked copy or, marked copies of the electoral roll to be used during the poll does not contain:-
(a) any entry other than that made in pursuance of Rules 23, 24, and 25 ; and
(b) any mark other than the mark made in pursuance of those rules.
40. Facilities for woman electors:- (1) Where a polling station is for both men and women electors, the Presiding Officer may direct that they shall be admitted into the polling station alternately in separate batches.
(2) The Returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors, and in particular, to help in searching any woman elector in case it becomes necessary.
41. Identification of electors:– (1) The Presiding Officer may employ at the polling station such persons, as he / she thinks fit to help identification of the electors or to assist him/ her otherwise in taking the poll.
(2) As each elector enters the polling station, the Presiding Officer or the polling officer authorised by him/ her in this behalf shall check the elector's name, Photography and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.
(3) Every elector shall produce identity card issued to him/her under the provisions of the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950 or any such document as may be specified, by order, by the State Election Commission before the Presiding Officer or the polling officer authorised by him/ her in this behalf, in order to establish his/her identity at the polling station.
(4) In deciding the right of a person to cast his/her vote, the Presiding Officer or the polling officer, as the case may be, shall over look the clerical or printing errors in an entry in the electoral roll if he/she is satisfied that such person is identical with the elector to whom such entry relates.
42. Facilities for public servants on election duty:- (1) The provisions of Rule 41 shall not apply to any person who produces at the polling station an election duty certificate issued by Returning Officer and seeks permission to cast his/her vote at that polling station although the polling station is different from the one where he/she is entitled to vote.
(2) On production of such certificate the Presiding Officer shall,
(a) obtain thereon the signature of the person producing it;
(b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and
(c) issue to him/ her a ballot paper, and permit him/ her to vote, in the same manner as for an elector entitled to vote at that polling station.
43. Challenging of Identity:- (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of five rupees(Rs.5/-) in cash with the Presiding Officer for each such challenge.
(2) On such a deposit being made, the Presiding Officer shall,
(a) warn the person challenged of the penalty for personation;
(b) read the relevant entry in the electoral roll in full and ask him/ her whether he is the person referred to in the entry;
20 TELANGANA GAZETTE [Part I(c) enter his/her name and address in the list of challenged votes in Form XIX; and (d) require him/ her to affix his/her signature in the said list.
(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/her identity;
(b) put the person challenged any question necessary for the purpose of establishing his/her identify and require him/ her to answer them on oath; and
(c) administer an oath to the challenger and any other person offering to give evidence.
(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged, to vote; and if he considers that the challenge has been established, he/she shall debar the person challenged from voting and handover him/her to the police for prosecution under relevant law.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he/she shall direct that the deposit made under sub-rule (1) be forfeited to the Government and in any other case he shall return it to the challenger on the conclusion of the inquiry.
44. 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–
(a) the inspection of his/her left fore-finger for existence of indelible ink mark if any, by the Polling Officer; and
(b) if found blank, then allow an indelible ink mark to be put on his/her left fore-finger.
(2) If any such elector —
(a) refuses to allow such inspection of his/her left fore-finger; or
(b) refuses to allow an indelible ink mark to be put on his/her left fore-finger; or (c) does any act in order to remove any such mark after it has been put; or
(d) fails or refuses to produce his/her identity card or any other document specified by State Election Commission to establish his/her identity under Rule 41 of these rules; or (e) refuses to put his/her signature or thumb impression on the counterfoil;
he/she shall not be supplied with any ballot paper and shall not be allowed to record his/her vote at the election.
(3) A person who already such a mark on his/her has left fore-finger at the time he enters the polling station shall not be supplied with any ballot paper.
(4) Any reference in this rule to the left fore-finger of an elector shall, in the case where the elector has no left fore-finger be construed as a reference to another finger of his/her left hand and shall in the case whether there are no fingers on his/her left hand be construed as a reference to the fore finger or any other finger on his/her right hand and shall in the case where he has no finger on both the hands be construed as a reference to such extremity of his/her right or left arm as he possesses.
45. Distinguishing Mark:- Before a ballot paper is issued to an elector, the ballot paper and the counterfoil attached thereto, shall be stamped on the back with such distinguishing mark as the State Election Commission may direct and every ballot paper before it is issued shall be signed in full on its back by the Presiding Officer.
46. Issue of Ballot Paper:- (1) At the time of issuing a ballot paper to an elector, the polling officer shall,- (a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll, and
(b) obtain the signature or thumb impression of that elector on the said counterfoil;
(c) mark the name of the elector in the marked of the electoral roll to indicate that a ballot paper has been issued to him /her, without however, recording therein the serial number of the ballot paper issued to the elector:
November 2, 2019] RULES SUPPLEMENT 21Provided that, no ballot paper shall be delivered to an elector unless he/she has put his/her signature or thumb impression on the counterfoil of that ballot paper.
(2) No person in the polling station shall note down the serial numbers of the ballot papers issued to the electors.
47. Maintenance of secrecy of voting by electors and voting procedure:-
(1) Every elector to whom a ballot paper has been issued under Rule 46 or any other provisions of these rules shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) The elector on receiving the ballot paper or papers, as the case may be, shall forthwith- (a) proceed to one of the voting compartments;
(b) make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(c) fold the ballot paper vertically first and thereafter horizontally so as to conceal his/her vote;
(d) if required, show to the Presiding Officer the distinguishing mark on the ballot paper;
(e) insert the folded ballot paper into the specified ballot box; and
(f) leave the polling station by the exit provided.
(3) Every elector shall vote without undue delay.
(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.
(5) If an elector to whom a ballot paper has been issued refuses, after warning given by the Presiding Officer to observe the procedure laid down in sub-rules (1) and (2), the ballot paper issued to him/ her shall, whether he has recorded his/her vote thereon or not, be taken back from him/ her by the Presiding Officer or a polling officer, under the direction of the Presiding Officer.
(6) After the ballot paper has been taken back, the Presiding Officer shall record on its back the word "Cancelled: voting procedure violated" and put his/her signature below these words and all such ballot papers shall be kept in a separate cover which shall bear on its face the words "Ballot Papers - voting procedure violated" (7) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote, if any recorded on such ballot paper shall not be counted.
48. Recording of votes of Blind or infirm voters:- (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognise the symbols on ballot paper or to make a mark thereon without assistance, the Presiding Officer shall permit the elector to take with him/ her a companion of not less than eighteen years of age to the voting compartment for recording vote on the ballot paper on his/her behalf and in accordance with his/her wishes and if necessary, for folding the ballot paper so as to conceal the vote and insert 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 when any person is permitted to act as the companion of the elector on any day under this rule, the person shall be required to declare in Form–XX that he shall keep secret the vote recorded by him/ her on behalf of 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 of all cases under this rule in Form – XXI in sealed covers and send them to the Returning Officer along with the other covers.
49. Spoilt and returned ballot papers:- (1) An elector who has inadvertently dealt with his/her ballot paper in such manner that it cannot be conveniently used as a ballot paper, may seek fresh ballot paper from the presiding officer. The Presiding Officer on satisfying about the inadvertence, shall issue another ballot paper and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Spoilt: Cancelled" by the Presiding Officer.
22 TELANGANA GAZETTE [Part I50. Tendered Votes:- (1) If a person representing himself / herself to be a particular elector seeks to vote after another person has already voted as such elector, he / she shall, on, satisfactorily answering such questions relating to his/her identity as the Presiding Officer may ask, be entitled, subject to the following provisions 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 other elector.
(2) Every such person, shall, before being supplied with a tendered ballot paper, sign his/her name against the entry relating to him/ her in a list in Form-XXII
(3) A tendered ballot paper shall be the same as the other ballot paper used at the polling except that it shall be-
(a) serially the last in the bundle of ballot papers issued for use at the polling station; and (b) endorsed on the back of the ballot paper and its counterfoil with the words "Tendered Ballot Paper" by the Presiding Officer in his/her own hand and signed by him /her.
(4) The elector, after marking a tendered ballot paper in the voting compartment 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 specifically kept for the purpose.
51. Closing of Poll and Sealing of Ballot Boxes and covers after poll:- (1) The Presiding Officer shall close the polling station at the hour appointed for closing and shall not thereafter admit any elector into the polling station:
Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises whether an elector shall for the purpose of the provision to sub-rule (1) be deemed was present at the polling station before it was closed, it shall be decided by the Presiding Officer and his/ her decision shall be final.
(3) The Presiding Officer of each polling station, as soon as practicable, after the close of the poll, shall close the slit of the ballot box and where the box does not contain any mechanical device for closing the slit, he/ she shall seal up the slit and also allow any polling agent present to affix his/her seal. The ballot box shall thereafter be sealed and secured.
(4) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rule (3) before another ballot box is put into use.
(5) The Presiding Officer of each polling station, as soon as practicable, after the close of the poll, shall in the presence of any candidate or polling agents who may be present make up the following into separate packets and seal with his/her own seal and the seals of such candidates or agents as may desire to affix their seals, (i) the marked copy of the electoral roll;
(ii) the counterfoils of used ballot papers;
(iii) the unused ballot papers;
(iv) the spoilt and returned ballot papers;
(v) the list of challenged votes;
(vi) the tendered ballot papers;
(vii) the tendered votes list;
(viii) the ballot papers cancelled for violation of voting procedure; and
(ix) any other papers directed by the State Election Commission to be kept in a sealed cover/ packet.
(6) Each packet shall be numbered and shall bear a note as to its contents, description of the election and the polling stations. Where no vote has been recorded at any polling station, the Presiding Officer shall submit a 'NIL' report.
52. Account of Ballot Papers:- (1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form-XXIII and place it in a separate cover with the words "Ballot Paper Account" superscribed thereon.
November 2, 2019] RULES SUPPLEMENT 23(2) The Presiding Officer shall furnish, to every polling agent present at the close of the poll a true copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent therefor and shall also attest it as a true copy.
53. Delivery of ballot boxes to Returning Officer:- (1) The Presiding Officer shall then, as soon as may be, deliver the ballot boxes and all such packets and papers used at the polling station or cause them to be delivered to the Returning Officer at such places as he may direct.
(2) The Returning Officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers referred to in this rule from polling stations and for their safe custody until the commencement of this counting of votes.
54. Procedure on adjournment of poll:- (1) If the poll at any polling station is adjourned under section 227 of the Act, the provisions of rules 51 to 53 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf.
(2) When an adjourned poll is recommenced under sub-section (2) of section 227, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.
(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof.
(5) The provisions of Rules 33 to 53 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
55. Fresh Poll in case of destruction of ballot boxes or Electronic Voting Machines:- If at any election any ballot box or Electronic Voting Machine used at a polling station is unlawfully taken out of custody of the Presiding Officer or Returning Officer or is accidentally or intentionally destroyed or lost or is damaged or is tampered with to such an extent that the result of the poll at that polling station cannot be ascertained or any such error or irregularity in procedure is likely to vitiate the poll is committed at the polling station, the procedure prescribed in section 228 of the Act shall be followed.
56. Counting of votes:- (1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf. Votes shall be counted by or under the supervision of the Returning Officer.
(2) The postal ballot papers shall be counted first.
(3) Each candidate, the Election Agent and the counting agent of each candidate shall have a right to be present at the time of counting. No other person shall be allowed to be present except such person as the Returning Officer may appoint to assist him/ her in counting votes and no person shall be appointed to assist in counting votes who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election.
(4) The Returning Officer shall, before he commences to count the votes, read out the provisions of section 212 of the Act to such person as may be present and shall then count and check all the ballot boxes placed for the counting of votes and satisfy himself / herself that all such ballot boxes contain the ballot papers which are to be counted at such place have been received and accounted for.
(5) The Returning Officer shall allow the candidates and their Election Agent s and counting agents present at the counting, reasonable opportunities to inspect the ballot boxes and their seals for satisfying themselves that they are in order.
(6) If any ballot box is found by the Returning Officer to have been tampered or interfered with or destroyed or lost, or if at any time, before counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally, destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained, the Returning Officer shall follow the procedure laid down in section 230 of the Act.
(7) (a) Subject to such general or special directions, if any, as may be given by the State Election24 TELANGANA GAZETTE [Part I Commission in this behalf the ballot papers shall be counted after mixing the votes ward-wise.
(b) The Returning Officer shall open, or cause to be opened, simultaneously the ballot box or boxes used at more than one polling station and shall have the total number of ballot papers found in such box or boxes counted and recorded in Part -II of ballot paper account in Form – XXIII;
(c) Discrepancy, if any, between the total number of such ballot papers recorded as aforesaid and the total number of ballot papers issued to voters as shown in Item 3 of Part I of the said Form - XXIII minus the number of ballot papers cancelled as shown in item 4 thereof and the number of papers as shown in item 5 thereof, shall also be recorded in Part-II of Form - XXIII.
(8) The Returning Officer shall, as far as practicable, proceed continuously with the counting of the votes and shall, during any necessary intervals during which the counting has to be suspended, place the ballot papers, packets and other documents relating to the election under his/her own seal and the seals of such candidates or agents as may desire to affix them and shall cause adequate precautions to be taken for their custody.
57. Counting of Postal Ballot Papers:- (1) The Returning Officer shall first deal with the postal ballot papers in the manner hereinafter provided.
(2) No cover in Form -XVII received by the Returning Officer 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 Returning Officer shall first scrutinise the declaration in Form–XV 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-XVI, that cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.
(5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form - XVII and all such covers in Form -XVII shall be kept in separate packet which shall be sealed and on which shall be recorded the details of the ward/constituency, the date of counting and a brief description of its content.
(6) The Returning Officer shall then place all the declarations (in Form-XV) which he has found to be in order in a separate packet which shall be sealed before any cover containing postal ballot papers (in Form – XVI) is opened and on which shall be recorded the particulars referred to in sub-rule (5).
(7) The covers in Form – XVI pertaining to the declarations found to be in order shall then be opened one after another and the Returning Officer shall scrutinize each ballot paper and decide the validity of the vote recorded thereon.
(8) A postal ballot paper shall be rejected—
(a) if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or
(b) if no vote is recorded thereon; or
(c) if the vote is given on it in favour of more candidates than one; or
(d) if it is a spurious ballot paper; or
(e) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or (f) if it is not returned in the cover sent along with it to the elector by the Returning Officer.
(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 to which candidate the vote has been given.
(10) A vote recorded on a postal ballot paper shall not be 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 a particular candidate clearly appears from the way the paper is marked.
(11) The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate,November 2, 2019] RULES SUPPLEMENT 25 record the total thereof in the final result sheet in Form - XXIV and announce 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 Returning Officer and of such of the candidates, their Election Agent or counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the details of the ward, the date of counting and a brief description of its contents.
58. Grounds for rejection of ballot papers:- (1) The Returning Officer shall reject a ballot paper,- (a) if it bears any mark or writing by which the elector can be identified, or
(b) if it bears no mark at all to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or
(c) if votes are given on it in favour of more than one candidate, or
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful as to which candidate the vote has been given, or
(e) if 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) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or
(h) if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of Rule 45;
Provided that where the Returning Officer is satisfied that any such defect as is mentioned in 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 paper shall not be 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 a particular candidate clearly appears from the way the paper is marked.
(2) Before rejecting any ballot paper under sub-rule (1), the Returning Officer shall allow candidates and their counting agents present a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.
(3) The Returning Officer shall endorse on every ballot paper which he /she rejects the word "rejected" and the grounds of rejection in abbreviated form either in his/her own hand or by means of a rubber stamp and shall initial such endorsement.
(4) All ballot papers rejected under this rule shall be bundled together.
(5) Every ballot paper which is not rejected under this rule shall be counted as one valid vote.
59. Preparation of Final Results Sheet: - After counting of all ballot papers contained in all the ballot boxes used in Ward of a Municipality or Municipal Corporation, have been completed, the Returning Officer shall make the entries in a final result sheet in Form-XXIV and announce the particulars.
60. Recount of Votes :- (1) After such announcement has been made under rule 59, a candidate or, in his/her absence, his/her Election Agent or any of his/her counting agents may apply in writing to the Returning Officer for recounting of the votes either wholly or in part stating the grounds on which, he demands such recount.
(2) On such an application being made the Returning Officer shall decide the matter and may allow the application in whole or in part or may reject it wholly if it appears to him/ her to be frivolous or unreasonable.
(3) Every decision of the Returning Officer under sub-rule (2) shall be in writing and contain the reasons therefor.
(4) If the Returning Officer decides under sub-rule (2) to allow a recount of the votes either wholly or, in part he shall -
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26 TELANGANA GAZETTE [Part I(a) do the recounting in accordance with rule 56;
(b) amend the result sheet in Form–XXIV to the extent necessary after such recount; and
(c) announce the amendments so made by him.
(5) After the total number of votes polled by each candidate has been announced under sub-rule (4), the Returning Officer shall complete and sign the final result sheet in Form–XXIV and no application for a further or second recount shall be entertained thereafter.
61. Equality of Votes:- If, after the counting of the votes is completed an equality of votes is found to exist between any candidates and the addition of one vote will lead to any of those candidates being declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received the additional vote.
62. Declaration of result of election and return of election:- (1) The Returning Officer shall subject to the provisions of rule 61 in so far as they apply to any particular case –
(a) declare in Form XXV the candidate to whom the largest number of valid votes have been given to be elected for the seat and send signed copies thereof to the State Election Commission, Election Authority and District Election Authority.
(b) complete and certify the return of election in Form XXVI and send copies thereof to the State Election Commission, Election Authority and District Election Authority.
(2) Any candidate or his/her agent shall, on application be permitted to take a copy of an extract of the return of election in Form XXVI.
63. Grant of Election Certificate:- As soon as may be after a candidate has been declared by the Returning Officer under Rule 15 or, as the case may be, under Rule 62 to have been elected, the Returning Officer shall grant such candidate a certificate of election in Form XXVII and obtain from the candidate an acknowledgement of its receipt duly signed by him/ her immediately.
64. Publication of Results:- The Returning Officer shall publish on the notice board in the Office of the Municipality / Municipal Corporation concerned a notification signed by him, stating the names of the candidates duly elected.
65. Sealing of used ballot papers:- The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the Returning Officer and of such of the candidates, their Election Agent s or counting agents as may desire to affix their seals thereon, and on the packets to be sealed shall be recorded the following particulars, namely –
(a) number of ward and name of the Municipality/Corporation, as the case may be; and (b) the date of counting.
66. Disposal of Ballot Papers: - (1) The Returning Officer shall after declaring the results, forward a copy of the return to the Executive Authority/ Commissioner of the Municipality/ Corporation concerned and shall handover to the Officer authorised by the District Election Authority the packets of ballot papers, whether counted, rejected or tendered. These packets shall not be opened and their contents shall not be inspected or produced except under the orders of an authority competent to decide election disputes.
(2) The Officer so authorised shall retain packets and the marked copies of the electoral roll for a year and shall then, unless otherwise directed by the orders of an authority competent to decide election disputes, cause them to be destroyed.
November 2, 2019] RULES SUPPLEMENT 27CHAPTER – V
VOTING BY ELECTRONIC VOTING MACHINES
67. Design of Voting Machine:- Every Electronic Voting Machine (hereinafter referred to as the voting machine) shall have a control unit (with or without Detachable Memory Module/Secured Detachable Memory Module) with one or more balloting units and may also be attached to a printer with a drop box for printing a paper trail of the vote(Voter Verifiable Paper Audit Trial), in such constituency or constituencies or polling station or polling stations or parts thereof as the State Election Commission may direct basing on the availability. The number of balloting units shall depend on the number of contesting candidates and number of seats. The design and shape of control unit, balloting unit and printer shall be such, as may be approved by the State Election Commission.
Explanation:- Detachable Memory Module (DMM)/ Secured Detachable Memory Module (SDMM) means such electronic memory device which is attached to the control unit of electronic voting machine and keeps the election data safely in secured manner. In all cases where the EVMs are to be reused before the counting process, the DMM/SDMM containing poll data shall be separated and stored securely as per the directions of SEC till they are taken up for counting.
Voter Verifiable Paper Audit Trail (VVPAT) or Verifiable Paper Record (VPR) is a method of providing feedback to voters in a ballot less voting system. A VVPAT is intended as an independent verification system designed to allow voters to verify that their vote is recorded correctly and also to provide a means to audit the stored electronic results.
A 'voter verified paper audit trail' (VVPAT) consists of physical paper records of ballots as cast by the voters in an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record. The 'voter-verified' part of the VVPAT refers to the fact that the voter is given the opportunity to verify the choices he has made while casting the ballot. Thus, the result of an election in an electronic form is tallied with the paper record verified by the individual voters.
68. Preparation of Voting Machine by the Returning Officer:– (1) The Balloting Unit of the voting machine shall contain such particulars in such language or languages as the State Election Commission may specify.
(2) The names of the candidates or the symbols allotted to the candidates shall be arranged on the Balloting Unit in the same order in which they appear in the list of the contesting candidates.
(3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner.
(4) Subject to the foregoing provisions of this rule, the Returning Officer shall; -
(a) fix the label containing the names and symbols of the contesting candidates in the Balloting Unit and secure that unit with his/her seal and the seals of such of the contesting candidates or their Election Agent s present as are desirous of affixing the same;
(b) set the number of contesting candidates and close the candidate set section in the Control Unit and secure it with his/her seal and the seals of such of the contesting candidates or their Election Agent s present as are desirous of affixing the same.
(5) Where the printer for paper trail is used under the proviso to rule 68, set the printer as per the number of contesting candidates set in the control unit by –
(a) Loading in the printer the serial numbers and names of candidates and symbols allotted to them as given on the balloting units under clause 4(a);
(b) Loading paper in the printer; and
(c) Sealing the printer in such manner as may be directed by the State Election Commission 69. Arrangements at the Polling Stations:- (1) Outside each polling station there shall be displayed prominently,- (a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station;
and
(b) a copy of the list of contesting candidates.
28 TELANGANA GAZETTE [Part I(2) At each polling station there shall be setup one or more voting compartments in which the electors can record their votes free from observation.
(3) The Returning Officer shall provide at each polling station one or more voting machines and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll.
70. Admission to Polling Station:- The provisions of Rule 37 shall apply to regulate the entry of electors and other persons inside the polling station.
71. Preparation of voting machine for poll:– (1) The Control Unit and Balloting Unit of every voting machine used at a polling station and the printer for paper trail where used shall bear a label marked with:-
(a) Name of the Municipality/ Municipal Corporation;
(b) the serial number and the name of the ward;
(c) the serial number and the name of the polling station;
(d) the serial number of the Balloting unit and Control Unit; and
(e) the serial number of the detachable memory module (DMM) / Secured Detachable Memory Module (SDMM) wherever used;
(f) the serial number of the printer wherever used; and
(g) the date of poll.
(2) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the label referred to in sub-rule (1) and where the printer for paper trail is used that the drop box of the printer is empty.
(3) A paper seal shall be used for securing the Control Unit of the voting machine, and the Presiding Officer shall affix his/her own signature on the paper seal and obtain thereon the signature of such of the polling agents present as are desirous of affixing the same.
(4) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefore in the Control Unit of the voting machine and shall secure and seal the same.
(5) The seal used for securing the Control Unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result button" without breaking the seal.
(6) The Control Unit shall be closed and secured and placed in full view of the Presiding Officer and the polling agents and the Balloting Unit placed in the voting compartment.
(7) Where the printer for paper trail is used, the printer shall also be kept along with the balloting unit in the voting compartment and shall be connected to the electronic voting machine in the manner as directed by the State Election Commission.
72. Marked copy of Electoral Roll:– Immediately before the commencement of the 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 entry other than that made with regard to issue of postal ballot papers and election duty certificates.
73. Facilities for Women electors:– With regard to facilities to women electors, the provisions of rule 40 shall apply.
74. Identification of electors:- For the purpose of identification of electors, Rule 41 shall apply.
75. Facilities for public servants on election duty:– With regard to facilities for public servants on election duty provisions of Rule 42 shall apply.
76. Challenging of Identity:– Where the identity of an elector is challenged, the provisions of Rule 43 shall apply.
77. Safeguard 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/her left forefinger to be inspected by the Presiding Officer or polling officer and an indelible ink mark to be put on it.
November 2, 2019] RULES SUPPLEMENT 29(2) If any elector; -
(a) refuse to allow his/her left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his/her left forefinger or does any act with a view to removing the ink mark, or
(b) fails or refuses to produce his/her identity card or such other document as specified by order of State Election Commission under sub-rule (3) of Rule 41, he/she shall not be 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/her left forefinger missing, he/she construed as a reference to any other finger to his/her left hand, and shall, in the case where all the fingers of his/her left hand are missing, be construed as a reference to the forefinger or any other finger of both the hands are missing be construed as a reference to such extremity of his/her left or right arm as he possesses.
78. Procedure for voting by voting machines:– (1) Before permitting an elector, to vote the polling officer shall –
(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form-XXVIII;
(b) obtain the signature or the thumb impression of the elector on the said register of voters; and (c) mark the name of the elector in the marked copy of the electoral roll to indicate that he / she has been allowed to vote:
Provided that, no elector shall be allowed to vote unless he/ she has affixed his/her signature or thumb impression on the register of voters.
(2) It shall not be necessary for any Presiding Officer or polling officer or any other officer to attest the thumb impression of the elector on the register of voters.
79. Maintenance of secrecy of voting by electors within the polling station and voting procedure:– (1) Every elector who has been permitted to vote under Rule 78 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) Immediately on being permitted to vote the elector shall proceed to the Presiding Officer or the polling officer in-charge of the Control Unit of the voting machine who shall, by pressing the appropriate button on the Control Unit, activate the Balloting Unit, for recording of elector's vote.
(3) The elector shall thereafter forthwith, -
(a) proceed to the voting compartment;
(b) record his/her vote by pressing the button on the Balloting Unit against the name and symbol of the candidate for whom he intends to vote; and
(c) come out of the voting compartment and leave the polling station.
Provided that where printer for paper trial is used, upon casting the vote by pressing the button as referred to in clause (b), the elector shall be able to view through the transparent window of the printer, kept along with the balloting unit inside the voting compartment, the printed paper slip showing the serial number, name and the symbol of the candidate for whom he has cast his/her vote before such paper slip gets cut and drops in the drop box of the printer.
(4) Every elector shall vote without undue delay.
(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.
(6) If an elector who has been permitted to vote under rule 79 or rule 83 refuses after warning given by the Presiding Officer to observe the procedure laid down in sub-rule (3) of Rule 79 or sub-rule (3) of Rule 83, the Presiding Officer or a polling officer under the direction of the Presiding Officer shall not allow such elector to vote.
(7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated shall be made against the elector's name in the register of voters in Form XXVIII by the Presiding Officer under his/her signature.
30 TELANGANA GAZETTE [Part I80. Procedure in case of complaint about particulars printed on paper slips:- (1) Where printer for paper trail is used, if an elector after having recorded his/her vote under Rule 79 alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer shall obtain a written declaration in Form–XXIX from the elector as to the allegation, after warning the elector about consequence of making a false declaration.
(2) If the elector gives the written declaration referred to in sub-rule (1), the presiding officer shall make a second entry related to that elector in Register of Votes in Form-XXVIII, and permit the elector to record a test vote in the voting machine in his/her presence and in the presence of the candidates or polling agents who may be present in the polling station, and observe the paper slip generated by the printer.
(3) If the allegation is found true, the Presiding Officer shall report the facts immediately to the Returning Officer stop further recording of votes in that voting machine and act as per the direction that may be given by the Returning Officer.
(4) If, however, the allegation is found to be false and the paper slip so generated under sub-rule (1) matches with the test vote recorded by the elector under sub-rule(2), then, the Presiding Officer shall – a) make a remark to that effect against the second entry relating to that elector in Register of Voters in Form-XXVIII mentioning the serial number and name of the candidate for whom such test vote has been recorded;
b) obtain the signature or thumb impression of that elector against such remarks; and
c) make necessary entries regarding such test vote in item 5 in Part I of Accounts of Votes Recorded in Form-XXXI.
81. Recording of votes of blind or infirm electors:– (1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmities an elector is unable to read the names or recognise the symbols on the Balloting Unit of the voting machine or unable to record his/her vote by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit the elector to take with him/her a companion of not less than eighteen years of age to the voting compartment for recording the vote on his/her behalf and in accordance with his/her wishes:
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 that person shall be required to declare in Form-XX that he will keep secret the vote recorded by him/ her on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day.
(2) The Presiding Officer shall keep a record of all cases under this rule in Form–XX and Form–XXI.
82. Elector deciding not to vote:- If an elector, after his/her electoral roll number has been entered in the register of votes in Form-XXVIII and has put his/her signature or thumb impression thereon as required under clause (b) sub-rule (1) of rule 78, decides not to record his/her vote, a remark to this effect shall be made against the said entry in Form-XXVIII by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark.
83. Tendered Votes:– (1) If a person representing himself / herself to be a particular elector seeks to vote after another person has already voted as such elector, he / she shall, on satisfactorily answering such questions relating to his/her identity as the Presiding Officer may ask, be, instead of being allowed to vote through the Balloting Unit, supplied with a tendered ballot paper which shall be of such design and the particulars of which shall be in such language or languages as the State Election Commission may specify.
(2) Every such elector shall before being supplied with tendered ballot paper affix his/her signature or thumb impression against the entry relating to him/ her in a list in Form–XXX.
(3) On receiving the ballot paper he shall forthwith –
(a) proceed to the voting compartment;
November 2, 2019] RULES SUPPLEMENT 31(b) record there his/her vote on the ballot paper by placing a cross mark with instrument or article supplied for the purpose, on or near the symbol of the candidate for whom he / she intends to vote;
(c) fold the ballot paper so as to conceal his/her vote;
(d) give it to the Presiding Officer who shall place it in a cover specially kept for the purpose; and (e) leave the polling station.
(4) If owing to blindness or physical infirmities, such elector is unable to record his/her vote without assistance the Presiding Officer shall permit him/ her to take with him / her companion, subject to the same conditions and after following the same procedure as laid down in rule 81 for recording the vote in accordance with his/her wishes.
84. Presiding Officer's entry into the voting compartment during poll:– (1) The Presiding Officer may whenever he /she considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the Balloting Unit is not tampered or interfered with in any way.
(2) If the Presiding Officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the Balloting Unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll.
(3) Whenever the Presiding Officer enters the voting compartment under this rule, he / she shall permit the polling agents present to accompany him/ her if they so desire.
85. Closing of Poll:– (1) The Presiding Officer shall close a polling station at the hour fixed in that behalf:
Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his/her decision shall be final.
86. Account of votes recorded:– (1) The Presiding Officer shall at the close of the poll prepare an account of votes recorded in Form–XXXI and put it in a separate cover with the words "Account of Votes Recorded" superscribed thereon.
(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of the entries made in Form–XXXI after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy.
87. Sealing of voting machine after poll:– (1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the Control Unit to ensure that no further votes can be recorded and shall detach the Balloting Unit from Control Unit and from the printer, where printer is also used, so however, that the paper slips contained in the drop box of the printer shall remain intact.
(2) The Control Unit, the Balloting Unit and the printer, where it is used, shall thereafter be sealed, and secured separately in such manner as the State Election Commission may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seals.
(3) The polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so.
88. Sealing of other packets:– (1) The Presiding Officer shall then make into separate packets, - (a) the marked copy of the electoral roll;
(b) the register of voters in Form–XXVIII;
(c) the cover containing the tendered ballot papers and the list in Form–XXX;
(d) the list of challenged votes; and
(e) any other papers directed by the State Election Commission to be kept in a sealed packet.
32 TELANGANA GAZETTE [Part I(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal either of the candidate or of his/her Election Agent or of his/her polling agent who may be present at the polling station and may desire to affix his/her seal thereon.
89. Transmission of voting machines, etc., to the Returning Officer:– (1) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct - (a) the voting machine;
(b) the account of votes recorded in Form–XXXI;
(c) the sealed packets referred to in rule 88; and
(d) all other papers used at the poll.
(2) The Returning Officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes.
90. Procedure on adjournment of poll:– (1) If the poll at any polling stations is adjourned under Section 227 of the Act, the provisions of Rules 85 to 89, shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf.
(2) When an adjourned poll is recommended under sub-section (2) of section 227 of the Act, the electors who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) The Returning Officer shall provide the Presiding Officer of the polling station at which such adjourned poll is held, with sealed packet containing the marked copy of the electoral roll, register of voters in Form–XXVIII and a new voting machine.
(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors who are allowed to vote at the adjourned poll.
(5) The provisions of Rules 67 to 88 shall apply in relation to the conduct of an adjourned poll before it was so adjourned.
91. Closing of voting machines in case of booth capturing:- Where the Presiding Officer is of opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall immediately close the Control Unit of voting machine to ensure that no further votes can be recorded and shall detach the Balloting Unit from the Control Unit and from the printer, where printer is also used, and thereupon the provisions of section 229 of the Act, in so far as they relate to booth-capturing at a polling station shall apply.
92. Scrutiny and inspection of voting machines:– (1) The Returning Officer may have the Control Units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.
(2) Before the votes recorded in any Control Unit of a voting machine are counted under sub-rule (1), the candidate or his/her Election Agent or his/her counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact.
(3) The Returning Officer shall satisfy himself / herself that none of the voting machines has in fact been tampered with.
(4) If the Returning Officer is satisfied that any voting machine has in fact been tampered with, he /she shall not count the votes recorded in that machine and shall report the matter to the State Election Commission.
93. Counting of votes:- (1) After the Returning Officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the Control Unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit.
(2) As the votes polled by each candidate are displayed on the Control Unit, the Returning Officer shall have:-
November 2, 2019] RULES SUPPLEMENT 33(a) number of such votes recorded separately in respect of each candidate in Part II of Form–XXXI;
(b) part II of Form–XXXI completed in other respects and signed by the counting supervisor and also by the candidates or their Election Agent s or their counting agents present; and
(c) corresponding entries made in a final result sheet in Form-XXIV and the particulars so entered in the result sheet announced.
(3) Provided that the test vote recorded, if any, for a candidate, as per item 5 in Part I of Accounts of Votes Recorded in Form - XXXI, shall be subtracted from the number of votes recorded for such candidate as displayed on the control unit.
94. Scrutiny of Paper Trail:- (1) Where printer for paper trail is used, after the entries made in the result sheet are announced, any candidate, or in his/her absence, his/her Election Agent or any of his/her counting agents may apply in writing to the Returning Officer to count the printed paper slips in the drop box of the printer in respect of any polling station or polling stations.
(2) On such application being made, the Returning Officer shall, subject to such general or special guidelines, as may be issued by the State Election Commission, decide the matter and may allow the application in whole or in part or may reject in whole, if it appears to him/ her to be frivolous or unreasonable.
(3) Every decision of the Returning Officer under sub-rule (2) shall be in writing and shall contain the reasons therefor.
(4) If the Returning Officer decides under sub-rule (2) to allow counting of the paper slips either wholly or in part or parts, he / she shall-
(a) do the counting in the manner as may be directed by the State Election Commission;
(b) if there is discrepancy between the votes displayed on the control unit and the counting of the paper slips, amend the result sheet in Form-XXIV as per the paper slips count;
(c) announce the amendments so made by him / her ; and
(d) complete and sign the final result sheet.
95. Sealing of Voting Machines:– (1) After the result of voting recorded in Control Unit has been ascertained candidate-wise, and entered in Form–XXXI and in the form prescribed for this purpose, the Returning Officer shall reseal the unit with his/her seal and the seals of such of the candidates or their Election Agent s present who may desire to affix their seals thereon, so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result and where printer for paper trail is used, the Returning Officer shall seal the paper slips in such manner, as may be directed by the State Election Commission.
(2) The Control Unit and the paper slips so sealed shall be kept in specially prepared boxes on which the Returning Officer shall record the following particulars, namely:-
(a) Name of the Municipality / Municipal Corporation;
(b) the details of the Ward of the Municipality;
(c) the particulars of the polling station where the Control Unit has been used;
(d) serial number of the Control Unit;
(e) the serial number of the VVPAT printer, where it is used;
(f) date of poll; and
(g) date of counting.
96. Sealing of voting machine with DMM/SDMM Facility where CUs & BUs are reused:- (1) A part of the EVM i.e., Electronic Memory Device called as Detachable Memory Module (DMM) or Secured Detachable Memory Module (SDMM) only shall be sealed by separating it from Control Unit. The control unit etc., may be used for other phases of election.
G-468/5
34 TELANGANA GAZETTE [Part I(2) After the result of voting is ascertained and recorded in the control unit and recorded candidate wise in Part-II of Form-XXXI mentioned in Rule 93, the Returning Officer shall separate DMM/SDMM from control unit and seal in the manner prescribed by the State Election Commission. During the sealing procedure the candidate or their Election Agent s present may affix their seals and put signatures thereon.
Where printer for paper trail is used, the Returning Officer shall seal the paper slips in such manner, as may be directed by the State Election Commission.
(3) The DMM/SDMM so sealed shall be kept in specially prepared box on which the Returning Officer shall record the following particulars:-
(a) Name of the Municipality / Municipal Corporation;
(b) The details of the Ward of the Municipality;
(c) The Particulars of Polling Station or Stations where the control unit / DMM /SDMM has been used;
(d) Serial Number of Control Unit and Printer wherever used;
(e) Serial Number of DMM/SDMM used:
(f) Date of Poll; and
(g) Date of counting.
(4) The sealed DMM/SDMM may be used for judicial purpose and other necessary purposes.
97. Custody of Voting Machines or DMMs /SDMMs and papers relating to election:- (1) All voting machines where DMMs /SDMMs are not used and only DMMs /SDMMs where CUs & BUs are reused at an election shall be kept in the custody of the concerned Collector & District Election Authority or the Officer authorised by him / her .
(2) The Collector & District Election authority or the Officer authorised by him/ her shall keep in the safe custody-
(a) the packets of marked copy of the electoral roll;
(b) the packets containing register of voters in Form–XXVIII;
(c) the packets containing the number of votes recorded in respect of each candidate in Form – XXXI;
(d) the printed paper slips sealed under the provisions of rule 95 or 96; and
(e) all other papers relating to election.
98. Production and Inspection of Voting Machines or DMMs / SDMMs and election papers:– (1) While in the custody of the Collector & District Election Authority or the Officer authorised by him/ her– (a) the packets of marked copy of electoral roll;
(b) the packets containing registers of voters in Form–XXVIII;
(c) the printed paper slips sealed under the provisions of rule 95 or 96; and
shall not be opened and their contents shall not be inspected by, or produced before any person or authority except under the order of the competent court.
(2) The Control Unit or DMM/SDMM sealed as per the provisions of Rule 95 or 96 kept in the custody of the Collector & District Election Authority or the Officer authorised by him/ her shall be stored in Government Treasury or sub-Treasury and shall not be opened and inspected by, or produced before any person or authority except under the order of the competent court.
99. Safe custody of Voting Machines or DMMs / SDMMs and all other packets:- (1) The voting machines where DMMs/SDMMs are not used and the DMMs /SDMMs where they are used and kept in the custody of the Collector & District Election Authority or the Officer authorised by him/ her shall be retained intact for such period as the State Election Commission may direct and shall not be used at any subsequent election without the prior approval of the State Election Commission.
November 2, 2019] RULES SUPPLEMENT 35(2) The Officer so authorised shall retain packets and the marked copies of the electoral roll for a year and shall then, unless otherwise directed by the orders of an authority competent to decide election disputes, cause them to be destroyed
100. Power of the State Election Commission to issue directions:- Subject to the other provisions of these rules, the State Election Commission may issue such directions as it may consider necessary to facilitate the proper use and operation of the voting machines and also as occasion requires to facilitate the holding of elections under these rules.
CHAPTER – VI
MISCELLANEOUS
101. Interpretation of Rules:- (1) If any question arises on the interpretation of these Rules, otherwise than in connection with an enquiry held under the rules for the decision of disputes as to the validity of an election, the question shall be referred to the State Election Commission whose decision thereon shall be final:
Provided that, the State Election Commission shall not entertain any petition relating to elections that may arise from the time of calling for nomination till the declaration of results. Such cases shall be decided by a court of competent jurisdiction.
(2) If any difficulty arises as to the holding of an election under these rules, the State Election Commission may by order, do anything not inconsistent with these rules, which appear to them necessary for the proper holding of elections.
102. Particulars of Account of Election Expenses:- (1) The account of election expenses to be kept by a candidate or his/her Election Agent shall contain such particulars and shall be in such proforma as may be specified by the State Election Commission.
(2) The account of election expenses of Ward Members of the Municipality/ Corporation shall be submitted to the District Election authority within forty-five days from the date of declaration of the result of the election.
103. Notice by the District Election Authority for inspection of accounts:- The District Election Authority shall, within two days from the date on which account of election expenses has been received by him/her under Rule 102, cause a notice to be affixed on his/her notice board, specifying -
(a) the name of the candidate;
(b) the date on which the account has been lodged before the District Election authority.
(c) the amount reported as incurred and
(d) the time and place at which such account can be inspected by any intending person.
104. Inspection of account and the obtaining of copies thereof:- Any person shall on payment of a fee of fifty rupees, be entitled to inspect any such account and on payment of Rs. 200/- or the actual cost of making copies whichever is higher, be entitled to obtain attested copies of such account or any part thereof.
105. Report by the District Election Authority as to the lodging of the account of election expenses and the decision of the State Election Commission thereon:- (1) As soon as may be, after the expiration of the time specified in section 236 for the lodging of the accounts of election expenses at any election, the District Election Authority shall report to the State Election Commission –
(a) the name of each contesting candidate;
(b) whether such candidate has lodged his/her account of election expenses, and if so, the date on which such account has been lodged; and
(c) whether in his/her opinion such account has been lodged within the time and in the manner required by the Act and these rules.
He/she shall also publish the same information on the office notice board of the Municipality/Corporation.
(2) Where the District Election Authority is of the opinion that the account of election expenses of any candidate has not been lodged within the due date or lodged but not in the manner required by the Act and these rules, he/she shall make a report to the State Election Commission and with every such report, forward the account of election expenses of that candidate and the vouchers lodged along with it, if any.
36 TELANGANA GAZETTE [Part I(3) As soon as may be, after the receipt of the report referred to in sub-rule (1), the State Election Commission shall, consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules.
(4) Where, the State Election commission decides that, a contesting candidate has failed to lodge his/her account of election expenses within the time and/or in the manner required by the Act and these rules, the Commission shall by notice in writing call upon the candidate to show cause why he/she should not be disqualified, and declared to have ceased to hold office under provision (3) of Schedule-IV of section 12 of the Act for the failure in case he/ she is elected.
(5) Any contesting candidate who has been called upon to show cause under sub-rule (4) may, within twenty days of the receipt of such notice, submit in respect of the matter a representation in writing to the State Election Commission, and shall at the same time send to the District Election Authority, a copy of his/her representation together with a complete account of his/her election expenses if he/she had not already furnished such an account.
(6) The District Election Authority shall, within five days of the receipt thereof, forward to the State Election Commission, the copy of the representation and the account, if any, with such comments as he/she wishes to make thereon.
(7) If, after considering the representation submitted by the candidate and the comments made by the District Election Authority and after such inquiry as it thinks fit, the State Election Commission is satisfied that the candidate has no good reason or justification for the failure, the Commission shall declare him/her by an order made under provision (3) of Schedule-IV of section 12 of the Act to be ineligible for a period of three years, from the date of the said order, to contest any election held for any office under the Act and if he/she is an elected candidate declare him/her to have ceased to hold office with immediate effect and publish the order in the Official Gazette.
106. Maximum Election Expenses:- The total of the election expenses incurred or authorised to be incurred by each contesting candidate in connection with an election shall not exceed the amount specified for each office in the order made by the State Election Commission in this behalf.
107. Oath of the Members:- The form of the oath as prescribed in Form-XXXII.
108. Secrecy of voting not to be infringed:- No witness or other person shall be required to state for whom he has voted at an election.
ARVIND KUMAR,
Principal Secretary to Government.
November 2, 2019] RULES SUPPLEMENT 37FORM - I
[See Rule 5]
NOTICE OF ELECTION *Ordinary/ Casual Elections ………… FOR THE OFFICE OF WARD MEMBER(s), …………………………. MUNICIPALITY /MUNICIPAL CORPORATION
Notice is hereby given that:
(1) (a) an election is to be held for the office(s) of Ward Member (s) of the ………………………………..………… Municipality/Municipal Corporation in …………………………….. District.
(b) Total number of Ward Members in the Municipality/Municipal Corporation are: …………………………
(c) Reservation particulars for the offices of Ward Members are:
| Category | Ward Nos. |
| ST(Women) | |
| ST(General) | |
| SC (Women) | |
| SC (General) | |
| BC (Women) | |
| BC(General) | |
| General (Women) | |
| General (Unreserved) |
(2) Nomination Papers may be delivered by a candidate or his/her proposer to the Returning Officer or to Assistant Returning Officer, at the office of _______________ (place) between 10.30 A.M. and 5.00 P.M. from (date) ________ to _________(date) (whether or not it is a public holiday).
(3) Forms of nomination papers may be obtained at the place and time aforesaid.
38 TELANGANA GAZETTE [Part I(4) Nomination papers will be taken up for scrutiny at _______________ (time) on _______________ (date) at _______________ place.
(5) Notice of withdrawal of candidature may be delivered either by the candidate or by his/her proposer / Election Agent , who has been authorised in writing by the candidate to deliver it to either of the officers specified in paragraph (2) above at his/her office before 3.00 P.M. on _______________ (date) (Whether or not it is a Public holiday).
(6) In the event of the election being contested, the poll will be taken on __________ (date) between the hours of ________ and _________.
(cid:1)
(cid:1)
Place :
Date : RETURNING OFFICER * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 39FORM – II
[See Rule 7 (1)]
NOMINATION PAPER
*Ordinary/ Casual Elections …………
Name of the Municipality /Municipal Corporation
…………………..…………………..
(Scheduled Area / Non-scheduled Area)
Election to Member of Ward No ............ of ......................……………
Municipality /Municipal Corporation in .................................
District.
Part - I
Reservation status of the post……………………………………….
I nominate the following as a candidate for election to the office of Ward Member; ………..…………… Ward of ………………………………………..
Municipality /Municipal Corporation in …………………………………. District. Full name of the candidate :
(In Telugu)
Age :
Father's /Mother's / Husband's Name :
(In Telugu)
Postal address of the candidate :
Occupation :
His/her name is entered at Serial Number ………………… of the ..…………….. Ward electoral roll of …………………………… Municipality /Municipal Corporation of………………………………… District.
My name is …………………………….. and it is entered at Serial Number ……………………… of the ………….. ward electoral roll of the ……………………………… Municipality /Municipal Corporation.
Date: Signature of the Proposer.
* Strike off the inappropriate alternative.
40 TELANGANA GAZETTE [Part IPart - II
(Candidates Declaration)
I, the candidate mentioned in Part – I assent to this nomination and hereby declare-
(a) that I have completed ……………………………….. years of age (a) (i) that I am set up at this election by the …………………………. party, which is recognized National Party / State Party / Registered political party with reserved symbol (strike out which is not applicable) and that the symbol reserved the for above party be allotted to me.
OR
(ii) that I am set up at this election by the ………………………….
party, which is registered political party without reserved
symbol or
(iii) that I am contesting this election as an independent candidate.(Strike out which is not applicable) and that the
symbols I have chosen, in order of preference, are:-
(i)………………………………………………
(ii)……………………………………………..
(iii)…………………………………………………..
(c) that my name and my father's / mother's / husband's name have
been correctly spelt out above in Telugu.
(d) that to the best of my knowledge and belief, I am qualified and
not disqualified for being chosen to fill the seat in the Municipality.
(b) that the code of conduct prescribed by the State Election Commission is read by me / is read over to me and I will abide by it.
Date………. Signature of the candidate
November 2, 2019] RULES SUPPLEMENT 41Part – III
[See Rule 7(2)(c)]
(Declaration in case of Scheduled Caste / Scheduled Tribe / Backward
Class Candidate)
I hereby declare that I am a member of the ……………………………… Caste / Tribe /Class which is a Scheduled Caste / Scheduled Tribe / Backward Class of the State of Telangana in relation to …………………………… District or area in the State.
Date: Signature of Candidate The above declaration is solemnly affirmed before me i.e.,………………………………… (name of the officer in block letters) by Sri/Smt/Kum…….……………..…………………who is personally known to me / who has been identified to my satisfaction by Sri/Smt/Kum …………………..…………… of ………………………… (Municipality/Municipal Corporation /Village/Town)
Signature of the Gazetted Officer or any
officer of the Revenue Department not
below the rank of a Dy. Tahasildar.
(Seal of office) Full designation Date :
G-468/6
42 TELANGANA GAZETTE [Part IPart – IV
Receipt of Nomination Paper
(To be filled by the Returning Officer)
Serial Number of Nomination Paper …………………………………………
This nomination paper was delivered to me at my office at ………………………… (hour) on ……………………. (date) by the candidate / proposer.
Date: Returning Officer _________________________________________________________________
Part – V
(Decision of Returning Officer accepting or rejecting the Nomination Paper) I have examined this nomination in accordance with Rule 11 of Telangana Municipalities & Municipal Corporations (Conduct of Election) Rules, 2019 and decide as follows:-
Accepted / Rejected
Reasons for Rejection
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
Date : Returning OfficerNovember 2, 2019] RULES SUPPLEMENT 43
Part – VI
(Acknowledgement on Receipt of Nomination Paper and notice for Scrutiny)
(To be handed over to the person presenting the nomination paper) Serial Number of Nomination paper…………………………………
The Nomination paper of…………………………….……. a candidate for election to the office of the Ward Member from Ward No. …………… of ……………………….. Municipality/ Municipal Corporation in ..……………………………………. District was delivered to me at …………
(hour) on ……………… (date) by the candidate / proposer.
All nomination papers will be taken up for scrutiny at……..……. (hour)…..……..
on………….…… (date) at………………..……….(place).
Date:
Returning Officer.
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| S.No of Nomination Paper | Name of the / herCandidate | Father's / Mother's / Husband's Name | Age of the candidate | Occupation & Address | Particulars of Caste or Tribes or Class for candidates belonging to SC /ST or BC | Candidate's Ward Electoral Roll serial number in Municipality / Municipal Corporation | Name of the Proposer | Name of the Political party Proposer's Ward Electoral Roll serial number in Municipality/ Municipal Corporation | (National/ State or Registered) by which the candidate claims to have been set up/ independent candidate | Symbols chosen in order of preference by the candidate |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
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S *November 2, 2019] RULES SUPPLEMENT 45
FORM - IV
[See Rule 11 (4)]
LIST OF VALIDLY NOMINATED CANDIDATES
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................…………… Municipality /
Municipal Corporations in ................................. District.
| Sl. No. | Name of the Candidate | Name of the father/mother/ husband | Address of the Candidate | Party affiliation, if any |
| (1) | (2) | (3) | (4) | (5) |
| 1 | ||||
| 2 | ||||
| 3 | ||||
| Etc. |
Place :
Returning Officer.
Date :
* Strike off the inappropriate alternative.
46 TELANGANA GAZETTE [Part IFORM - V
[See Rule 13(1)]
NOTICE OF WITHDRAWAL OF CANDIDATURE
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporations in ................................. District. To The Returning Officer,
I, ………………………………………………………………. a validly nominated candidate at the above election do hereby give notice that I withdraw my candidature from the elections.
Place :
Date : Signature of Candidate.
This notice was delivered to me at my office at ………………. (hour) on ………………….(date) by ……………………………………………….. (name) * the candidate / candidate's proposer / candidate's Election Agent who has been authorised in writing by the candidate to deliver it.
Date : Returning Officer.
RECEIPT FOR NOTICE OF WITHDRAWAL
(To be handed over to the person delivering the notice) The notice of withdrawal of candidature by …………………………………. a validly nominated candidate at the election to Member of Ward No. …………. of ……………………………. Municipality/Municipal Corporation in ………………….………….
District was delivered to me by the *candidate/candidates proposer / candidate's Election Agent who has been authorised in writing by the candidate to deliver it at my office at ………………….. (hour) on …………………… (date).
Returning Officer.
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 47FORM – VI
[See Rule 13(2)]
PUBLICATION OF NOTICE OF WITHDRAWAL OF
CANDIDATURE
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in .................................
District.
Notice is hereby given that the following validly nominated candidate/ candidates at the above election withdraw his/her candidature / their candidatures today.
Address of Validly
Name of Validly
Nominated
Remarks
Sl. No.
Nominated Candidate
Candidate48 TELANGANA GAZETTE [Part I
FORM - VII
[See Rule 14 (1)]
LIST OF CONTESTING CANDIDATES
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in .................................
District.
| Sl. No. | Name of the Candidate | Address of the Candidate | Party affiliation, if any | Symbol Allotted |
| (1) | (2) | (3) | (4) | (5) |
| 1 | ||||
| 2 | ||||
| 3 | ||||
| etc. |
Place : Returning Officer.
Date :
Note:
1. The names of candidates shall be placed in the following categories.
a) candidates of recognized National and State political parties registered with TSEC.
b) candidates of political parties registered with TSEC with a reserved symbol.
c) candidates of political parties registered with TSEC without a reserved symbol
d) independent candidates.
Under Col. No. 1 above, the serial numbers of candidates of all above four categories shall be given consecutively and not separately for each category.
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 49FORM – VIII
[See Rule 15]
DECLARATION OF THE RESULT OF UNCONTESTED
ELECTION
*Ordinary/ Casual Elections …………
In accordance with Rule 15 of Telangana Municipalities & Municipal Corporations (Conduct of Election) Rules, 2019, I declare that the following candidate has been duly elected for the office of Member of Ward No. …………. of ………………………….……. Municipality/ Municipal Corporation in …………………………. District.
Name :……………………………
Address : …………………………………………………………………
………………………………………………………………..
Party affiliation, if any: ……………………………………………
Place:
Date : Signature of the Returning Officer.
* Strike off the inappropriate alternative.
G-468/7
50 TELANGANA GAZETTE [Part IFORM – IX
[See Rule 17 (1)]
APPOINTMENT OF ELECTION AGENT
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in .................................
District.
To The Returning Officer,
…………………. Ward.
………………………………. Municipality / Municipal Corporation
I, …………………………………….. R/o………………………………………; a candidate at the above election do hereby appoint Sri/Smt/Kum………………………..…… R/o……………………………………….…….. as my "Election Agent" at the above election from this day.
Place :
Date : Signature of Candidate.
I accept the above appointment.
Place :
Date : Signature of Election Agent .
Approved
Signature and seal of the
Returning Officer
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 51FORM – IXA
[See Rule 17 (3)]
REVOCATION OF APPOINTMENT OF ELECTION AGENT *Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in ................................. District. To
The Returning Officer,
.................... Ward.
…………………….. Municipality / Municipal Corporation
I, …………………………………….. R/o………………………………….………………; a candidate at the above election do hereby revoke the appointment of Sri/Smt/Kum………………..........………..…… R/o……………………………………….…...….. as my "Election Agent" at the above election from this day.
Place :
Date : Signature of Candidate.
* Strike off the inappropriate alternative.
52 TELANGANA GAZETTE [Part IFORM - X
[See Rule 18 (2)]
APPOINTMENT OF POLLING AGENT
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in ................................. District. I, ………………………………………………………. a candidate / the Election Agent of Sri/ Smt/ Kum ……………………………………………..………… who is a candidate for the above election, do hereby appoint (name and address) …………………………….………………………. as a polling agent to attend polling station No. ………………………… fixed for the poll to be held on ……………………
at ………………………………...
Place :
Date : Signature of Candidate / Election Agent I agree to act as such polling agent.
Signature of Polling AgentNovember 2, 2019] RULES SUPPLEMENT 53 Declaration of Polling Agent to be signed before Presiding Officer I hereby declare that at above election I will not do anything forbidden by Section 212 of the Telangana Municipalities Act, 2019, which I have read / has been read over to me.
Date: …………… Signature of Polling Agent.
Signed before me
Date: …………… Presiding Officer Note: The appointment order shall be made in duplicate and one copy thereof shall be handed over to the polling agent for production at the polling station and the other copy to be sent to the Returning Officer.
* Strike off the inappropriate alternative.
54 TELANGANA GAZETTE [Part IFORM – XA
[See Rule 18 (5)]
REVOCATION OF APPOINTMENT OF POLLING AGENT
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in .................................
District.
To
The Returning Officer,
....................Ward.
……………………………..……… Municipality / Municipal Corporation
I, ……………………………………………..………… a candidate / the Election Agent of Sri/Sri/Kum ………………………………… at the above election, do hereby revoke the appointment of Sri/Smt/Kum……………….......……
R/o……………………………….. as my/his/her polling agent at Polling Station No………...……... for the poll to be held on ………………………
Place :
Date : Signature of Person Revoking
(Candidate or his/her Election Agent)
Copy to the Presiding Officer : PS No. ……………………..for necessary
action
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 55FORM - XI
[See Rule 19 (2)]
APPOINTMENT OF COUNTING AGENT
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in ................................. District. To
The Returning Officer,
……………… Ward.
…………………………………………….…….. Municipality / Municipal Corporation
I, ……………………………………. a candidate / the Election Agent of Sri/Smt/Kum ……………………………………, who is a candidate at the above election, do hereby appoint the following persons as my/his/her counting agents to attend the counting of votes at …………………………………. on ……………….
Name of the Counting Agent Address of the Counting Agent.
1.
2.
3.
Signature of Candidate / Election Agent I/We agree to act as such counting agents.
Signatures of the counting agents
1.
2.
3.
Place :
56 TELANGANA GAZETTE [Part IDeclaration of counting agents
We hereby declare that at the above election we will not do anything forbidden by Section 212 of the Telangana Municipalities Act, 2019 which we have read/ has been read over to us.
Signature of counting agents
1.
2.
3.
Signed before me
Date …………… Returning Officer * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 57FORM – XIA
[See Rule 19(4)]
REVOCATION OF APPOINTMENT OF COUNTING AGENT
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in ................................. District. To
The Returning Officer,
...................Ward
…………………………………..…. Municipality / Municipal Corporation.
I, ……………………………………………..………… a candidate / the Election Agent of Sri/Sri/Kum ………………………………… at the above election do hereby revoke the appointment of Sri/Smt/Kum……........................R/o…………..............….…….. as my/his/her counting agent for the above election.
Place :
Date : Signature of Person Revoking
(Candidate or his/her Election Agent) * Strike off the inappropriate alternative.
G-468/8
58 TELANGANA GAZETTE [Part IFORM - XII
[See Rule 25(1)]
APPLICATION FOR POSTAL BALLOT PAPER
*Ordinary/ Casual Elections …………
To The Returning Officer,
......................Ward
......................... Municipality/Municipal Corporation.
Sir,
I have been appointed for polling duties for ensuing elections to …………….Ward of ....................................... Municipality / Municipal Corporation in ……………………………..…..District (Order copy enclosed).
Hence, I intend to cast my vote by post at the ensuing election to Member of Ward No ............ of ...............................… Municipality / Municipal Corporation in ................................. District.
My name is entered at Sl. No. …….……….. in the electoral roll for……
………. Ward in ……………………… …… Municipality/ Municipal Corporation.
The Ballot paper may be sent to me at the following address (or) personally delivered to me at your office:
-----------------
-----------------
-----------------
-----------------
Yours faithfully
(Signature of the Applicant)
Place : Date :
Enclosed : Appointment order copy
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 59FORM - XIII
[See Rule 25(2)]
APPLICATION FOR ELECTION DUTY CERTIFICATE
*Ordinary/ Casual Elections …………
To The Returning Officer,
...................... Ward
......................... Municipality / Municipal Corporation.
Sir,
I intend to cast my vote in person at the ensuing election to Member of Ward No ............ of ......................……… Municipality / Municipal Corporation in ................................. District.
I have been posted on election duty with in the ward but elsewhere than the polling station at which I am entitled to vote.
My name is entered at Sl. No. …….……….. in the electoral roll for…………….Ward in …………………………… Municipality/Municipal Corporation.
I request that an "Election Duty Certificate" in Form XIV may be issued to enable me to vote at the polling station where I will be on duty with in the ward on the day of polling. It may be sent to me at the following address or personally delivered to me at your office.
-----------------
-----------------
----------------- Yours faithfully -----------------
(Signature of the Applicant)
Place :
Date :
* Strike off the inappropriate alternative.
60 TELANGANA GAZETTE [Part IFORM - XIV
[See Rule 25(2)(a)]
ELECTION DUTY CERTIFICATE
*Ordinary/ Casual Elections …………
Certified that Sri/Smt/Kum …………………………….………… is an elector in the ……….Ward of …………………………………. Municipality / Municipal Corporation in ………………………………. District and his/her electoral roll number being ……………..…………….. of same ward in …………………………………….. Municipality / Municipal Corporation that by reason of his/her being on election duty in other polling station with in the Ward, he/she is unable to vote at the polling station where he/she is entitled to vote and that he/she is therefore hereby authorised to vote at any polling station (in the Ward No………… of …………. Municipality / Municipal Corporation in…………..…………….. District, as the case may be) where he/she may be on duty on the date of poll.
Place :
Date : Signature ………………………….
Returning Officer
(With Seal)
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 61FORM – XV
[See Rules 27(1) (a)]
DECLARATION BY ELECTOR
(cid:1)(cid:2)(cid:3)(cid:4)(cid:5)(cid:6)(cid:3)(cid:7)(cid:8)(cid:9)(cid:10)(cid:5)(cid:11)(cid:9)(cid:10)(cid:10)(cid:3)(cid:8)(cid:12)(cid:5)
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in ................................. District. (This side is to be used only when the elector signs the declaration himself / herself)
I hereby declare that I am the elector to whom the postal ballot paper bearing serial number ……………………..….. has been issued at the above election.
Date………………. Signature of elector.
Address…………..…………..
--------x ----------
Attestation of Signature
The above has been signed in my presence by Sri/Smt/Kum………………..………
(elector) who is personally known to me/has been identified to my satisfaction by Sri/Smt/Kum ……………………… (Identifier) who is personally known to me.
Signature of Attesting Officer, Signature of identifier, if any ……………….. Designation …….………………
Address …………………………………… Address …………….……………
Date ……………
----------------------------------------------------------------------------------------------------------- (This side is to be used when the elector cannot sign himself / herself) I hereby declare that I am the elector to whom the postal ballot paper bearing serial number ………………………..….. has been issued at the above election.
Signature of Attesting Officer on behalf of elector.
Date ………………. Address of Elector ……………………………….………
* Strike off the inappropriate alternative.
62 TELANGANA GAZETTE [Part ICERTIFICATE
I hereby certify that –
1. the above named elector in Ward No. …………. of ……………………..….
Municipality/Municipal Corporation in ………… ……………………. District is personally known to me/has been identified to my satisfaction by Sri/Smt/Kum ………………………….. (identifier) who is personally known to me;
2. I am satisfied that the elector in Ward No. …….. of Municipality/ Municipal Corporation, …………………………………. District is illiterate/ suffers from ……………………….….. (infirmity) and is unable to record his/her vote himself / herself or sign his/her declaration:
3. I was requested by him/her to mark the ballot paper and to sign the above declaration on his /her behalf; and
4. The ballot paper was marked and the declaration is signed by me on his/her behalf in his/her presence and in accordance with his/her wishes.
Signature of identifier, if any ………………….
Address ………………………..
Date : ………………………….
Signature of Attesting Officer
Designation ……………………..
Address …………………………..
Date:……………………………….
November 2, 2019] RULES SUPPLEMENT 63FORM XVI
[See Rule 27 (1) (b)]
Cover 'A' for Postal Ballot
COVER
NOT TO BE OPENED BEFORE COUNTING
'A'
POSTAL BALLOT PAPER (Form – XVI)
*Ordinary/ Casual Elections …………
Election to member of Ward No. …………. of …………………………………
Municipality/ Municipal Corporation in ………………………………………. District Serial number of the Ballot Paper
* Strike off the inappropriate alternative.
64 TELANGANA GAZETTE [Part IFORM XVII
[See Rule 27 (1) (c)]
cover 'B' for Postal Ballot
COVER ELECTION – IMMEDIATE [Service Unpaid]
'B'
POSTAL BALLOT PAPER (Form – XVII)
* Ordinary / Casual Election ………….
Election to Member of **Ward No. ……….. of …………………………………
Municipality/ Municipal Corporation in ……………………………… District.
(NOT TO BE OPENED BEFORE COUNTING)
*** To
The Returning Officer, Signature of sender …………………………
.................................
.................................
.................................
* Strike off the inappropriate alternative.
** Returning Officer to insert here the No. of the appropriate Ward.
*** Returning Officer to mention here his/her full postal address.
November 2, 2019] RULES SUPPLEMENT 65FORM XVIII
[See Rule 27]
INSTRUCTIONS FOR GUIDANCE OF ELECTORS
(for Postal ballot)
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in ................................. District.
Part – I
The postal ballot paper for election to Ward Member of Municipality/ Corporation contains names of contesting candidates and their party affiliation if any. For the information of elector, the names of the contesting candidates and the symbols allotted to them in the election to the said office are listed below –
| Sl.No. | Name of the Candidate | Symbol allotted |
Record your vote by placing clearly a mark against the name of the candidate whom you wish to vote.
The mark should be so placed as to indicate clearly and beyond doubt to which candidate you are giving your vote. If the mark is so placed as to make it doubtful to which candidate you have given your vote, your vote will be invalid.
The number of members to be elected is one. Please remember that you have only one vote. Accordingly you should not vote for more than one candidate. If you do so, your ballot paper will be rejected.
Do, not put your signature or write any word or mark any mark, sign or writing whatsoever on the ballot paper other than the mark required to record your vote.
After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked 'A' sent herewith. Close the cover and secure it by seal or otherwise.
(1) You may then sign the declaration in From-XV also sent herewith in the presence of a stipendiary magistrate or other officer specified in rule 27(1)(a) and obtain the attestation of your signature by such stipendiary magistrate.
(2) If you are a member of the armed forces of the Union or of an armed police force of a State but is serving outside that State, the attestation may be obtained by such officer as may be appointed in this behalf by the Commanding Officer of the Unit, ship or establishment in which you or your husband, as the case may be, are employed.
(3) If you are employed under the Government of India in a post outside India the attestation may be obtained by such officer as may be appointed in this behalf by the diplomatic or consular representative of India in the country in which you are resident.
(4) If you hold an office like the office of the (i) President, (ii) Vice-President (iii)Governors of State, (iv) Cabinet Ministers of the Union or of any State, (v) The Deputy Chairman and Members of the Planning Commission, (vi) The Ministers of State of the Union or of any State, (vii) Deputy Minister of the Union of any State, (viii) The Speaker of the House of the People or of any State Legislative G-468/966 TELANGANA GAZETTE [Part I Assembly, (ix) The Chairman of any State Legislative Council (x) Lieutenant Governor of Union Territories, (xi) The Deputy Speaker of the House of the People or of any State Legislative Assembly, (xii) The Deputy Chairman of the Council of States or of any State Legislative council, (xiii) Parliamentary Secretaries of the union or of any State, the attestation may be obtained by an officer not below the rank of a Deputy Secretary to the Government of the Union or the State, as the case may be.
(5) If you are on an election duty, attestation may be obtained by any gazetted officer or by the Presiding Officer of the polling station in which you are on election duty.
(6) If you are under preventive detention, the attestation may be obtained by the Superintendent of the jail or the Commandant of the detention camp in which you are under detention.
In all the above cases you may take the declaration to the authorised officer and sign it in his/ her presence after he/she has satisfied himself / herself about 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/ her how you have voted.
If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and declaration signed on your behalf by any of the authorised officer mentioned above. Such an officer will, at your request mark the ballot paper in your presence and in accordance with your wishes. He/ She will also complete the necessary certificate in this behalf.
Part – II
After your declaration has been signed and your signature has been attested, place the declaration in Form- XV as also the smaller cover marked 'A' containing the ballot paper in the larger cover marked 'B' in Form - XVII. After closing the larger cover, send it to the returning officer by post or by messenger. You have to give full signature in the space provided on the cover marked 'B'.
No postage stamp need to affix by you, if the cover is posted in India. If, however, you are an elector employed under the Government of India in a post outside India, you should return the cover to the returning officer concerned direct by air mail service after the requisite postage stamp is duly affixed thereon by the office in which you are serving except where it is sent by diplomatic bag.
You must ensure that the cover reaches the Returning Officer before the hour fixed for the commencement of counting of votes
Please note that:-
(a) if you fail to get your declaration attested or certified in the manner indicated above, your ballot paper will be rejected; and
(b) if the cover reaches the Returning Officer after the hour fixed for the commencement of counting of votes your vote will not be counted.
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 67l
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| Sl. No. | Sl. No. of Elector in the Electoral Roll | Name of Elector | Signature or thumb impression of the person challenged and his/her address | Name of Challenger | Signatures or thumb impression and address of identifier, if any | Order of Presiding Officer | Signature of Challenger on receiving refund of deposit if the challenge is proved |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
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a D * Strik68 TELANGANA GAZETTE [Part I
FORM - XX
[See Rule 48 (1)]
DECLARATION BY THE COMPANION OF
BLIND OR INFIRM VOTER
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in ................................. District. (Name and Number of the Polling Station......................................... in Ward No.......... of …………………………….. Municipality/ Municipal Corporation)
I, .................................. son /daughter of ......................aged ...............years resident of **.................................................................................................
hereby declare that,
(a) I have not acted as companion of any other elector at any polling station today, the ………………………….; and
(b) I will maintain secrecy of voting recorded by me on behalf of ……................................
Signature of Companion * Strike off the inappropriate alternative.
** Full address to be givenNovember 2, 2019] RULES SUPPLEMENT 69
FORM - XXI
[See Rule 48 (2)]
(cid:1)
LIST OF BLIND OR INFIRM VOTERS
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in................................. District. Name and Number of the Polling Station......................................... in Ward No.......... of …………………………….. Municipality/Municipal Corporation.
| Sl. No. in Electoral Roll | Full Name of Voter | Full Name of Companion | Address of Companion | Signature/ Thumb Impression of Companion |
| (1) | (2) | (3) | (4) | (5) |
Date :………………….. Signature of Presiding Officer.
Polling Station No. & Name………….
* Strike off the inappropriate alternative.
70 TELANGANA GAZETTE [Part IFORM - XXII
[See Rule 50 (2)]
LIST OF TENDERED VOTES
(when ballot boxes are used)(cid:5)
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in................................. District.
Name of Number of the Polling Station......................................... in Ward No.......... of …………………………….. Municipality/Municipal Corporation.
| Sl. No. | Name of the Elector | Sl. No. of elector in Electoral Roll | Serial No. of Tendered Ballot paper issued | Signature / thumb impression of person tendering vote | Serial No. of Ballot Paper issued to the person who had already voted |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1 | |||||
| 2 | |||||
| 3 | |||||
| 4 | |||||
| 5 | |||||
| 6 | |||||
| 7 | |||||
| 8 | |||||
| 9 | |||||
| 10 |
Date :
Signature of the Presiding officer
PS. No. & Name…………………….
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 71FORM - XXIII
[See Rule 52 (1)]
BALLOT PAPER ACCOUNT
(when ballot boxes are used)
**Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in ................................. District.
PART - I
Ward No……………………….
Municipality/ Municipal Corporation …………………………………………………
Name and No. of the Polling Station……………………………………………..
| Sl. No. | Details | Serial No (s) | Total No | NaN | |
| From | To | NaN | |||
| (1) | (2) | (3) | (4) | (5) | NaN |
| 1 | Ballot Papers Received | ……… | ……… | ……. | NaN |
| 2 | *Ballot Papers unused (i.e. not issued to Voters): | NaN | |||
| (a) With the signature of Presiding Officer | ……… | NaN | |||
| (b) Without the Signature of Presiding Officer | ………. | NaN | |||
| (c) Total (a)+(b) | …….. | NaN | |||
| 3 | *Ballot Papers used at the Polling Station (1-2=3) | ……… | NaN | ||
| 4 | Ballot Papers used at the Polling Stations but not inserted into the Ballot Box | NaN | |||
| (a) Ballot Papers cancelled for violation of voting procedure under Rule 47 | ……… | NaN | |||
| (b) Ballot Papers cancelled for other reasons | …….... | NaN | |||
| (c) Ballot Papers used as Tendered Ballot Papers | ………. | NaN | |||
| (d) Total (a) + (b) + (c) | ……… | NaN | |||
| 5 | * Ballot Papers to be found in the Ballot Box (3-4=5) | ………. | NaN |
Place :
Date : Signature of the Presiding Officer PS No. & Name ………………………..
* Serial number need not be given
* * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 73Part – II (of Form XXIII)
RESULT OF INITIAL COUNTING
(to be used when the counting of votes is done by mixing)
1. Total number of ballot papers found in the ballot box (es) used at the polling station are : ……………………………….
2. Discrepancy, if any, between the total number as shown against item 1 in this Part and the total number of ballot papers to be found in the ballot box(es) shown in item 5 of Part-I are: ………………………
…………………………………………………………….…….......................
Date…………… Signature of Counting Supervisor Signature of the Returning Officer PS No. & Name ………………………..
-----------------------------------------------------------------------------------
G-468/10
74 TELANGANA GAZETTE [Part IFORM – XXIV
[See rules 57(11), 59 & 93]
FINAL RESULT SHEET *Ordinary/ Casual Elections ………… (to be used for recording the result where counting is done
polling station wise i.e., where EVMs are used)
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in ................................. District.
| Serial No. of the Polling Station | Candidate-wise Polled Valid Votes | Total Valid Votes (A+B +C) = (I) | No. of rejected votes (II) | Votes polled to NOTA (III) | Total Votes polled (I)+(II)+ (III) | Total No. of Tendered Votes | ||
| Candidate A | Candidate B | Candidate C | ||||||
| (1) | ||||||||
| (2) | ||||||||
| etc | ||||||||
| (i) Total No. of Votes Recorded at Polling Stations | ||||||||
| (ii) No. of Valid Votes Recorded on Postal Ballot Papers for candidates and rejected postal ballot papers. | ||||||||
| Grand Total (i+ii) |
Place……………….
Date ………………... Returning Officer * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 75d e
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| Sl. No. | Polling Station No. | Total votes found in the ballot box (es) | No. of tendered votes |
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| (4) | |||
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| 1. Total No. of valid votes recorded for candidates and of rejected Ballot Papers | Candidate's wise polled valid votes | Total Valid Votes (A+B+C+D) = (I) | No. of rejected votes (II) | NOTA (III) | Total votes polled (I)+(II)+(III) | |||
| A | B | C | D | |||||
| 1st Round | ||||||||
| 2nd Round | ||||||||
| 3rd Round | ||||||||
| 4th Round | ||||||||
| 5th Round | ||||||||
| 6th Round | ||||||||
| 2. Total number of valid votes recorded on postal ballot papers for candidates and of rejected Postal ballot papers | ||||||||
| Grand Total |
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FORM XXV
[See Rule 62]
(for use in election when the seat is contested)
DECLARATION OF RESULT OF ELECTION
*Ordinary/ Casual Elections …………
In accordance with Rule 62 of Telangana Municipalities and Municipal Corporations (Conduct of Election of Member) Rules, 2019, I, declare that the following candidate has been elected to the office of Member of Ward No ............ of ......................…. Municipality/ Municipal Corporation in ................................ District.
Name in Full :
Address :
Party affiliation, if any;
Place :
Date:
Signature of Returning Officer * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 77FORM XXVI
[See Rule 62 (1)(b)]
RETURN OF ELECTION
*Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in .................................
District.
| Serial No | Name of the Candidate | Party Affiliation, if any | Number of Votes Polled |
Total number of Electors…………………………………………………………
Total number of Valid Votes Polled………………………………………………
Total number of Rejected Votes…………………………………………………..
Total number of Tendered Votes………………………………………………..
Total No. of votes polled for None of the Above (NOTA)……………………………….
I declare that -
Sri/Smt/Kum…………………………………………………………(Name) of ...………..…
………………………………………………… (address) has been duly elected to fill the seat.
Place……………………..
Dated……………………..
Returning Officer
* Strike off the inappropriate alternative.
78 TELANGANA GAZETTE [Part IFORM XXVII
[See Rule 15 or 63]
CERTIFICATE OF ELECTION
*Ordinary/ Casual Elections …………
I …….................................., Returning Officer for ward No......... of .................................. Municipality/Municipal Corporation in ...................................... District hereby certifies that I have on the ....................day of 20...... Declare Sri/Smt/Kum .....................................
of .............................. (Party, if any) to have been duly elected to the said ward to be a member of................................. Municipality/ Municipal Corporation in.................................... District and that in token thereof I have granted to him/her this certificate of election.
Place............................
Date.............................
Returning Officer
(with seal) * Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 79FORM – XXVIII
[See Rule 78]
REGISTER OF VOTERS (where EVMs are used) *Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality/ Municipal Corporation in .................................
District.
Name & No. of the Polling Station ______________________________
| Sl .No. | Sl. No. of elector in the electoral roll | Signature / Thumb impression of elector | Remarks |
| (1) | (2) | (3) | (4) |
| 1 | |||
| 2 | |||
| 3 | |||
| 4 | |||
| Etc |
Date ……………
Signature of the Presiding Officer P.S No. & Name……………..
* Strike off the inappropriate alternative.
80 TELANGANA GAZETTE [Part IFORM – XXIX
[See Rule 80 (1)]
FORM OF DECLARATION BY ELECTOR (where EVMs are used)
(for test votes)
*Ordinary/ Casual Elections …………
Election to the ……………… Ward of ……………………………..
Municipality/ Municipal Corporation in ………………………………… District:
No. and Name of the Ward: …………………………………………………..
No. and Name of the Polling station…………………………………………
1. I hereby solemnly and affirm that the paper slip generated by the printer attached to the Balloting Unit has shown the name and / or symbol of a candidate other than the candidate for whom I voted by pressing the concerned blue button against the name and symbol of the candidate of my choice on the Balloting Unit. I am ready to cast a test vote again to show that the allegation made by me is true and bonafide.
2. I am aware of the penal provisions of section 177 of the IPC that I shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if the declaration given by me in para 1 above to the Presiding Officer appointed under Rule 2 (n) of Telangana Municipalities and Municipal Corporations (Conduct of Election of Members) Rules, 2019 is found to be incorrect.
Signature/Thumb impression of the Elector
Name of the Elector………………………………………
Father/Mother/Husband's Name…………………….
PS No. of elector roll ……………………………………
Sl.No. of elector in that PS…………………………….
Sl. No. in Register of Voters ………….…………. Dated………………………………..
Certified that the above declaration was made and subscribed by the elector above named before me.
Signature of the Presiding Officer Dated…………………… PS.No. & Name …………………
* Strike off the inappropriate alternative.
November 2, 2019] RULES SUPPLEMENT 81FORM – XXX
[See Rule 83]
LIST OF TENDERED VOTES (when EVMs are used) *Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in .................................
District.
Name & No. of the Polling Station ______________________________
| Sl. No. | Name of Elector | Sl. No. of Elector in Electoral Roll | Sl. No. in Register of Voters (Form XXXI) of the person who has already voted in place of elector | Signature / Thumb impression of elector |
| (1) | (2) | (3) | (4) | (5) |
| 1 | ||||
| 2 | ||||
| 3 | ||||
| 4 | ||||
| 5 | ||||
| 6 | ||||
| 7 | ||||
| 8 | ||||
| 9 | ||||
| 10 |
Date:
Signature of the Presiding Officer
PS. No. & Name…………………….
* Strike off the inappropriate alternative.
G-468/11
82 TELANGANA GAZETTE [Part IFORM – XXXI
[See Rule 86]
ACCOUNT OF VOTES RECORDED (when EVMs are used) *Ordinary/ Casual Elections …………
Election to Member of Ward No ............ of ......................……………
Municipality / Municipal Corporation in................................. District.
PART – I
| N o. & Name of the Polling Station | : | ||
| Serial No. of Control Unit of EVM used at Polling Station | : | ||
| Serial No. of Balloting Unit of EVM used at Polling Station | : | ||
| Serial No. of DMM/SDMM if used | : | ||
| 1. | Total No. of electors assigned to the Polling Station. | : | |
| 2. | Total No. of voters as entered in the Register of voters( Form-XXXI) | : | |
| 3. | No. of voters decided not to record votes Under Rule 82 | : | |
| 4. | No. of voters not allowed to vote under Rule 79 | : | |
| 5. | Total No. of votes recorded as per Voting machine. | : | |
| 6. | Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown against item 2 minus total No. of voters as against item 3 & 4 i.e. [2-(3+4) = 5] or any discrepancies noticed. | : |
| 7. | No. of voters to whom tendered ballot papers were issued under Rule 83 | : | |||
| 8. | No. of tendered ballot papers. | Sl. Nos | |||
| Total | From | To | |||
| received for use (a) | : | ||||
| issued to electors (b) | : | ||||
| not used and returned (c) | : | ||||
| 9. | Account of paper seals | Sl. Nos | |||
| Total | From | To | |||
| a) Total number supplied | : | ||||
| b) Number of paper seals used | : | ||||
| c) Number of unused paper seals returned to Returning Officer (Deduct item a from item b) | : | ||||
| d) Serial number of damaged paper seals, if any | : |
Signature of Polling Agents.
1. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………..) 2. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………..) 3. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………..) 4. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………….) 5. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………..) 6. Shri/Smt/Kum………………… (of candidate) Shri/Smt/Kum ……….…………..) Date : Place:
Signature of Presiding Officer
Polling Station No. & Name * Strike off the inappropriate alternative.
84 TELANGANA GAZETTE [Part IPart – II
Result of Counting (Where VVPATS are used)
| Sl.No. | Name of the | No. of Votes as | No. of test votes to | No. of valid |
| Candidate | displayed on control unit | be deducted as for item 5 of Part-I | votes (3-4) | |
| 1 | 2 | 3 | 4 | 5 |
| 1 | ||||
| 2 | ||||
| 3 | ||||
| 4 | ||||
| 5 | ||||
| 6 | ||||
| 7 | ||||
| 8 | ||||
| 9 | None of the above (NOTA) | |||
| Total: |
Whether, the total Nos., of votes shown above tallies with the total No. of votes shown against item 6 of Part – I or any discrepancy noticed between the two totals. If any discrepancy noticed, the reasons for discrepancy are …………………………………………………………………………...
Place: Date:
Signature of Counting Supervisor
| Sl. No. | Name of the Candidate/ Election Agent /Counting Agent | Full signature |
| 1 | ||
| 2 | ||
| 3 | ||
| 4 | ||
| 5 | ||
| 6 | ||
| 7 |
Date:
Signature of Returning Officer
November 2, 2019] RULES SUPPLEMENT 85PART - III
(When printed paper count is needed)
(Where EVMs and VVPATs are used)
RESULT OF PRINTED PAPER COUNT
(for Municipalities / Municipal Corporations)
No. and Name of the Polling Station : …………………………………………
Total number of VVPATs used : …………………………………………
VVPAT S.No : …………………………………………
| Sl. No. of candidate | Name of candidate | Number of votes as per count of Printed Paper Slip of VVPAT | Number of test votes to be deducted as per item 5 of Part I | Number of valid votes. (3-4) |
| (1) | (2) | (3) | (4) | (5) |
Total:
Whether the total nos. of votes shown above tallies with the total No. of votes shown against item 6 of Part – I or any discrepancy noticed between the two totals. If any discrepancy noticed, the reasons for discrepancy are ………………....………………………………………………………………………………………
…………………………..
Place:
Date:
Signature of Counting Supervisor86 TELANGANA GAZETTE [Part I
FORM XXXII
[See Rule 107]
OATH BY MEMBER
*Ordinary/ Casual Elections …………
"I, ……………………………………... having become a Member of the ………………………………. Municipal Council / Mayor of ………………………..
Municipal Corporation / Chairperson of …………………………… Municipality swear in the name of God / solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter".
Place............................
Date.............................
SIGNATURE OF MEMBER * Strike off the inappropriate alternative.
Printed and Published by the Commissioner of Printing, Government of Telangana, at Government Central Press, Chachalguda, Hyderabad.