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

Miscellaneous
151
91. Resignation of seats in case of election to more seats than one in a House.—(1) The time within
which a person may resign all but one of the seats in either House of Parliament or in the House or either
House of the Legislature of a State, to which he has been elected shall be—
(a) fourteen days from the date of his election under section 67A; or
(b) where the dates of his election are different in respect of different seats, fourteen days from
the last of those dates.
(2) Such resignation shall be addressed—
(a) to the Speaker or the Chairman of the House concerned; or
(b) whether the office of the Speaker or Chairman is for the time being vacant or is, or is deemed
to be, in abeyance, to the Deputy Speaker or the Deputy Chairman of the House concerned; or
(c) where the post of the Deputy Speaker or Deputy Chairman is also for the time being vacant or
is, deemed to be, in abeyance, to the Election Commission.
(3) Where the resignation has been addressed to the Election Commission under sub-rule (2) the
Election Commission shall, as soon as may be after the receipt of the resignation, send a copy thereof to the
Secretary of the House concerned.
92. Custody of ballot boxes and papers relating to election. —(1) All ballot boxes used at an election
shall be kept in such custody as the chief electoral officer may direct.
1 [(1A) All voting machines used at an election shall be kept in the custody of the concerned district election
officer.]
2 [(2) The district election officer shall keep in safe custody—
(a) the packets of unused ballot papers with counterfoils attached thereto;
(b) the packets of used ballot papers whether valid, tendered or rejected;
(c) the packets of the counterfoils of used ballot papers;
(d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained
under sub-section (1) or sub-section (2) of section 152;
1 [(dd) the packets containing registers of voters in Form-17A;]
(e) the packets of the declarations by electors and the attestation of their signatures; and
(f) all other papers relating to the election:
Provided that in the case of an election in an assembly constituency or a parliamentary constituency
or a council constituency which extends over more districts that one, the said papers shall be kept in the
custody of such one of the district election officers having jurisdiction over the constituency as the Election
Commission may direct:
Provided further that in the case of an election by assembly members the said papers shall be kept in
the custody of the returning officer.]
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1. Ins. by Notifn. No. S.O. 230 (E), dated the 24th March, 1992.
2. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for sub-rule (2).