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

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1 [93. Production and inspection <strong>of</strong> election papers.— (1) While in the custody <strong>of</strong> the district election<br />

<strong>of</strong>ficer or, as the case may be, the returning <strong>of</strong>ficer—<br />

(a) the packets <strong>of</strong> unused ballot papers with counterfoils attached thereto;<br />

(b) the packets <strong>of</strong> used ballot papers whether valid, tendered or rejected;<br />

(c) the packets <strong>of</strong> the counterfoils <strong>of</strong> used ballot papers;<br />

(d) the packets <strong>of</strong> the marked copy <strong>of</strong> the electoral roll or, as the case may be, the list maintained<br />

under sub-section (1) or sub-section (2) <strong>of</strong> section 152; and<br />

2 [(dd) the packets containing registers <strong>of</strong> voters in form 17-A;]<br />

153<br />

(e) the packets <strong>of</strong> the declarations by electors and the attestation <strong>of</strong> their signatures;<br />

shall not be opened and their contents shall not be inspected by, or produced before, any person or authority<br />

except under the order <strong>of</strong> a competent court.<br />

2 [1A) The control units sealed under the provisions <strong>of</strong> rule 57C and kept in the custody <strong>of</strong> the district<br />

election <strong>of</strong>ficer shall not be opened and shall not be inspected by, or produced before, any person or authority<br />

except under the orders <strong>of</strong> a competent court.]<br />

(2) Subject to such conditions and to the payment <strong>of</strong> such fee as the <strong>Election</strong> Commission may direct, —<br />

(a) all other papers relating to the election shall be open to public inspection; and<br />

(b) copies there<strong>of</strong> shall on application be furnished.<br />

(3) copies <strong>of</strong> the returns by the returning <strong>of</strong>ficer forwarded under rule 64, or as the case may be, under<br />

clause (b) <strong>of</strong> sub-rule (1) <strong>of</strong> rule 84 shall be furnished by the returning <strong>of</strong>ficer, district election <strong>of</strong>ficer, chief<br />

electoral <strong>of</strong>ficer or the <strong>Election</strong> Commission on payment <strong>of</strong> a fee <strong>of</strong> two rupees for each copy.]<br />

94. Disposal <strong>of</strong> election papers.—Subject to any direction to the contrary given by the <strong>Election</strong><br />

Commission or by a competent court or tribunal—<br />

1 [(a) the packets <strong>of</strong> unused ballot papers shall be retained for a period <strong>of</strong> six months and shall<br />

thereafter be destroyed in such manner as the <strong>Election</strong> Commission may direct;]<br />

2 [(aa) the voting machines kept in the custody <strong>of</strong> the district election <strong>of</strong>ficer under sub-rule<br />

(1A) <strong>of</strong> rule 92 shall be retained intact for such period as the <strong>Election</strong> Commission may direct and shall<br />

not be used at any subsequent election without the previous approval <strong>of</strong> the <strong>Election</strong> Commission;]<br />

(b) the other packets referred to in sub-rule (1) <strong>of</strong> rule 93 shall be retained for a period <strong>of</strong> one year<br />

and shall thereafter be destroyed:<br />

3 [Provided that packets containing the counterfoils <strong>of</strong> used ballot papers shall not be destroyed<br />

except with the previous approval <strong>of</strong> the <strong>Election</strong> Commission;]<br />

(c) all other papers relating to the election shall be retained for such period as the <strong>Election</strong><br />

Commission may direct.<br />

__________________________________________________________________________________________<br />

1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971, for rule 93.<br />

2. Ins. by Notifn. No. S.O. 230(E), dated the 24th March, 1992.<br />

3. Added by Notifn. No. S.O. 5573, dated the 23rd December, 1971.

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