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handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

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MINISTRY OF LAW JUSTICE & COMPANY AFFAIRS<br />

(Legislative Department)<br />

NOTIFICATION<br />

New Delhi, the 24th March, 1992<br />

S.O. 230(E)– In exercise <strong>of</strong> the powers conferred by section 169 <strong>of</strong> the<br />

Representation <strong>of</strong> the People Act, 1951 (43 <strong>of</strong> 1951), the Central Government after<br />

consulting the Election Commission, hereby makes the following rules further to<br />

amend the Conduct <strong>of</strong> Election Rules, 1961 namely :–<br />

1. (l) These rules may be called the Conduct <strong>of</strong> Elections (Amendment)<br />

Rules, 1992.<br />

2. They shall come into <strong>for</strong>ce on the date <strong>of</strong> their publication in the Official<br />

Gazette.<br />

2. In the Conduct <strong>of</strong> Election Rules, 1961 (hereinafter referred to as the principal<br />

rules).<br />

(a) after the heading to Part IV, the following shall be inserted, namely:–<br />

‘‘Chapter I<br />

Voting by ballot’’;<br />

(b) in rule 28, <strong>for</strong> the words ‘‘In this Part’’, the words ‘‘In this Chapter and<br />

Chapter II’’ shall be substituted;<br />

(c) after rule 49, the following shall be inserted namely:–<br />

Chapter II<br />

Voting by Electronic Voting Machines<br />

49A. Design <strong>of</strong> Electronic Voting Machines<br />

Every electronic voting machine (hereinafter referred to as the voting<br />

machine) shall have a control unit and a balloting unit and shall be <strong>of</strong> such<br />

designs as may be approved by the Election Commission.<br />

49B. Preparation <strong>of</strong> voting machine by the Returning <strong>Officer</strong> :–<br />

(1) The balloting unit <strong>of</strong> the voting machine shall contain such particulars and in<br />

such language or languages as the Election Commission may specify.<br />

(2) The names <strong>of</strong> the candidates shall be arranged on the balloting unit in the<br />

same order in which they appear in the list <strong>of</strong> the contesting candidates.<br />

(3) If two or more candidates bear the same name, they shall be distinguished by<br />

the addition <strong>of</strong> their occupation or residence or in some other manner.<br />

(4) Subject to the <strong>for</strong>egoing provisions <strong>of</strong> this rule, the returning <strong>of</strong>ficer shall–<br />

(a) fix the label containing the names and symbol <strong>of</strong> the contesting<br />

candidates in the balloting unit and secure that unit with his seal and<br />

the seals <strong>of</strong> such <strong>of</strong> the contesting candidates or their Election Agents<br />

present as are desirous <strong>of</strong> affixing the same.<br />

(b) set the number <strong>of</strong> contesting candidates and close the candidate set<br />

section in the control unit and secure it with his seal and the seals <strong>of</strong>

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