Manual of Election Law_Volume II - Home: Chief Electoral Officer ...

91
(3) Whenever the presiding officer enters the voting compartment under this rule he shall permit
the polling agents present to accompany him.
42C. Disposal of ballot papers found wholly or partly outside ballot boxes.— (1) If any ballot
paper which has been issued to an elector has not been inserted by him into any ballot box but is
found anywhere in or near the polling station, whether within or outside the voting
compartment it shall be deemed to have been returned to the presiding officer under sub-rule
(2) of rule 41 and dealt with accordingly.
(2) If a ballot paper is found partly inserted into the ballot box of a candidate, it shall be
presumed that the intention of the elector was to cast that vote for that candidate and the
presiding officer shall accordingly push the ballot paper into the ballot box.';
(g) in lieu of rule 44, the following rule shall apply:—
"44A. Sealing of ballot boxes after poll.—(1) As soon as practicable after the closing of the
poll, the presiding officer shall close the slit of each ballot box and where the boxes do not
contain any mechanical device for closing the slit, he shall seal up the slit and also allow any
polling agent present to affix his seals.
(2) All the ballot boxes shall thereafter be sealed and secured.";
1 * * * * *
2 [(i) clause (aa) of sub-rule (1) of rule 46 shall not apply; and
(j) in lieu of sub-rules (3) and (4) of rule 48, the following sub-rule shall apply: —
"(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
set of new ballot boxes.
(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 recording the serial numbers of the ballot
papers issued to elector at the adjourned poll."].
3 [CHAPTER II
VOTING BY ELECTRONIC VOTING MACHINES
49A. Design of Electronic Voting Machines.—Every electronic voting machine (hereinafter referred
to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be
approved by the Election Commission.
49B. Preparation of voting machine by the returning Officer.—(1) The balloting unit of the voting
machine shall contain such particulars and in such language or languages as the Election Commission may
specify.
(2) The names of 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.
__________________________________________________________________________________________
1. Cl.(h) omitted by Notifn. No. S.O. 518(E), dated the 7th September, 1979.
2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for cls. (i) and (j).
3. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.