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

(a) to every election by assembly members in respect of which no direction has been issued under clause
(a) of rule 68, and
(b) to every election in a council constituency unless voting by postal ballot has been directed in the
whole of that constituency under clause (b) of rule 68,
subject to the following modifications, namely:—
(i) clause (a) of sub-rule (l) of rule 31 shall not apply to an election by assembly members;
(ii) 2 [in lieu of rules 37 to 40], the following rules shall apply:—
"37A. Method of voting.—(1) Every elector has only one vote at an election irrespective of the
number of seats to be filled.
3 [(1A) The provisions of sub-rules (1), (2) and (4) of rule 37 shall apply in relation to electors in the
graduates' constituencies and teachers' constituencies as they apply in relation to electors in the
Parliamentary constituencies and Assembly constituencies.]
(2) An elector in giving his vote—
(a) shall place on his ballot paper the figure 1 in the Space opposite the name of the
candidate for whom he wishes to vote in the first instance; and
(b) may, in addition, place on his ballot paper the figure 2 or the figures 2 and 3, or
the figures 2, 3 and 4 and so on, in the space opposite the names of the other candidates
in the order of his preference.
4 [Explanation.—The figures referred to in clauses (a) and (b) of this sub-rule may be marked
in the international form of Indian numerals or in the Roman form or in the form used in any
Indian language but shall not be indicated in words.]
5 [38A. Issue of ballot papers to electors.—(1) Every ballot paper, before it is issued to an
elector, and the counterfoil attached thereto shall be stamped on the back with such
distinguishing mark as the Election Commission may direct, and every ballot paper, before it is
issued, shall be signed in full on its back by the presiding officer.
(2) 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;
(b) obtain the signature or thumb impression of that elector on the said counterfoil; and
(c) mark the name of the elector in the marked copy of the electoral roll to indicate that a
ballot paper has been issued to him, without however recording therein the serial number of the
ballot paper issued to that elector:
Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb
impression on the counterfoil of that ballot paper.
(3) Notwithstanding anything contained in sub-rule (2) of rule 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
counterfoil.
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1. Subs. by Notifn. No. S.O. 3450, dated the 9th November, 1966, for "rules 28 to 48".
2. Subs. by Notifn. No. S.O. 1520, dated the 25th April, 1968, for certain words.
3. Ins. by Notifn. No. S.O. 335(E), dated the 23rd April, 1990.
4. Ins. by Notifn. No. S.O. 3875, dated the 15th December, 1966.
5. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for rule 38A.
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