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

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203 15. ÉÊBÉEºÉÉÒ àÉÉxªÉiÉÉ|ÉÉ{iÉ ®ÉVÉxÉèÉÊiÉBÉE nãÉ BÉEä +ÉãÉMÉ ºÉàÉÚcÉå +ÉlÉ´ÉÉ |ÉÉÊiÉuxnÉÒ MÉÖ]Éå BÉEä ºÉà¤ÉxvÉ àÉå +ÉÉªÉÉäMÉ BÉEÉÒ ÉÉÎBÉDiÉ--VÉ¤ÉÉÊBÉE +É{ÉxÉä {ÉÉºÉ ={ÉãÉ¤vÉ VÉÉxÉBÉEÉ®ÉÒ BÉEä +ÉÉvÉÉ® {É® +ÉÉªÉÉäMÉ BÉEÉ ªÉc ºÉàÉÉvÉÉxÉ cÉä VÉÉiÉÉ cè ÉÊBÉE ÉÊBÉEºÉÉÒ àÉÉxªÉiÉÉ|ÉÉ{iÉ ®ÉVÉxÉèÉÊiÉBÉE nãÉ BÉEä AäºÉä |ÉÉÊiÉuxnÉÒ MÉÖ] +ÉlÉ´ÉÉ ºÉàÉÚc cé ÉÊVÉxÉàÉå ºÉä c® ABÉE ´Éc nãÉ cÉäxÉä BÉEÉ nÉ´ÉÉ BÉE®iÉÉ cè iÉ¤É +ÉÉªÉÉäMÉ =ºÉ àÉÉàÉãÉä BÉEä ºÉàÉºiÉ ={ÉãÉ¤vÉ iÉlªÉÉå iÉlÉÉ {ÉÉÊ®ÉÎºlÉÉÊiÉªÉÉå {É® ÉÊ´ÉSÉÉ® BÉE®xÉä iÉlÉÉ =xÉ ºÉàÉÚcÉå +ÉlÉ´ÉÉ MÉÖ]Éå BÉEä AäºÉä |ÉÉÊiÉÉÊxÉÉÊvÉªÉÉå iÉlÉÉ AäºÉä +ÉxªÉ BªÉÉÎBÉDiÉªÉÉå BÉEÉä, VÉÉä ºÉÖxÉ´ÉÉ
204 15. Power of Commission in relation to splinter groups or rival sections of a recognised political party.—When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognised political party each of whom claims to be that party the Commission may, after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups. 16. Power of Commission in case of amalgamation of two or more political parties.—(1) When two or more political parties, one or some or all of whom is a recognised political party or are recognised political parties join together to form a new political party, the Commission may, after taking into account all the facts and circumstances of the case, hearing such representatives of the newly formed party and other persons as desired to be heard and having regard to the provisions of this Order, decide— (a) whether such newly formed party should be a National party or a State party; and (b) the symbol to be allotted to it. (2) The decision of the Commission under sub-paragraph (1) shall be binding on the newly formed political party and all the component units thereof. 1 [16A. Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission.—Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National Party or as a State Party under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Guidance of Political parties and “Candidates” as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party.] 17. Notification containing lists of political parties and symbols.—(1) The Commission shall be one or more notifications in the Gazette of India publish lists specifying— (a) the National parties and the symbols respectively reserved for them; (b) the State parties, the State or States in which they are State parties and the symbols respectively reserved for them in such State or States; 2 * * * * * 3 [(c) the unrecognized political parties and the addresses of their headquarters registered with the Commission;] 4 [(d) the free symbols for each State and Union territory.] (2) Every such list shall, as far as possible, be kept up-to-date. 18. Power of Commission to issue instructions and directions.—The Commission, may issue instructions and directions— (a) for the clarification of any of the provisions of this Order; and (b) for the removal of any difficulty which may arise in relation to the implementation of any such provisions; (c) in relation to any matter with respect to the reservation and allotment of symbols and recognition of political parties, for which this Order makes no provision or makes insufficient provision, and provision is in the opinion of the Commission necessary for the smooth and orderly conduct of elections. 5 * * * * * ___________________________________________________________________________ 1. Ins. by Notifn. No. O.N. 42(E), dated the 18th February, 1994. 2. Cl. (bb) omitted by Notifn. No. O.N. 63(E), dated the 1st December, 2000. 3. Subs., ibid., for cl. (c). 4. Subs. by Notifn. No. O.N. 6(E), dated the 8th June, 1999. 5. Paragraph 19 omitted by Notifn. No. 6(E), dated the 8th June, 1999.
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47 *THE CONDUCT OF ELECTIONS RULES,
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(h) "polling station", in relation
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51 5. Symbols for elections in parl
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53 (4) At an election in a parliame
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16. Voting normally to be in person
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57 19. Intimation by special voters
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59 23. Issue of ballot paper.—(1)
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61 (2) The elector shall sign the d
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1 [PART IIIA 63 Procedure for votin
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65 (b) mark the name of the elector
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67 (3) The Returning Officer shall
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69 (3) The appointment of proxy und
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Provided that any reference to left
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73 (d) candidates, their election a
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75 34. Facilities for women elector
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77 (b) put to the person challenged
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79 (3) Notwithstanding anything con
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1 [40. Recording of votes of blind
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83 (4) The elector, after marking a
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85 1 [(aa) the counterfoils of the
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(2) Every such polling station is h
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(d) in lieu of 1 [sub-rule (2) of r
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91 (3) Whenever the presiding offic
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93 (4) Subject to the foregoing pro
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95 (2) Immediately before the comme
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97 49J. Challenging of identity.—
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(b) obtain the signature or the thu
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101 49P. Tendered votes.—(1) If a
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103 (2) The control unit and the ba
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PART V Counting of votes in Parliam
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107 (2) No person who has been empl
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109 (9) A vote recorded on a postal
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(h) if it does not bear 1 [both the
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113 58. Counting of ballot papers t
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56A. 1 [Counting of votes].— (1)
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(a) the name of the constituency, 1
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(2) The returning officer shall rej
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121 election agents or counting age
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1 [64. Declaration of result of ele
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125 (b) Part II of Form 17C complet
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(a) to every election by assembly m
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129 (4) No person in the polling st
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1 [eighteen] years of age who is ab
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133 (3) "exhausted paper" means a b
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(d) there is any mark or writing by
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137 (4) If, when a candidate has to
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139 (6) The papers transferred to e
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141 Provided that nothing in this s
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143 85B. Form of contributions repo
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(d) the date of payment; 145 (e) th
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147 (2) Where the 1 [district elect
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149 1 [TABLE ______________________
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Miscellaneous 151 91. Resignation o
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1 [93. Production and inspection of
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1 [94A. Form of affidavit to be fil
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1 [FORM 1 157 (See rule 3) NOTICE O
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159 1 [FORM 2A (See rule 4) NOMINAT
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161 PART III I, the candidate menti
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163 (ii) has been convicted for any
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PART VI 165 Receipt for Nomination
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167 FORM 2B (See rule 4) NOMINATION
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169 PART III I, the candidate menti
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171 1 [PART IIIA (To be filled by t
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173 Serial No. of nomination paper
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FORM 2C (See rule 4) 175 NOMINATION
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177 1 [PART II (To be filled by the
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179 Serial No. of Nomination Paper.
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181 FORM 2D (See rule 4) NOMINATION
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185 1 [PART III] (To be filled by t
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187 1 [FORM 2E (See rule 4) NOMINAT
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191 1 [PART III] Serial No. of Nomi
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193 1 [FORM 3A (See rule 7) NOTICE
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1 [FORM 3B (See rule 7) NOTICE OF N
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FORM 3C (See rule 7) NOTICE OF NOMI
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201 1 [FORM 4 (See rule 8) LIST OF
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203 FORM 5 [See rule 9(1)] NOTICE O
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205 FORM 6 [See rule 9(2)] NOTICE O
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207 1 [FORM 7A [See rule 10(1)] LIS
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209 1 [FORM 7B [See rule 10(1)] LIS
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211 FORM 8 [See rule 12(1)] APPOINT
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213 FORM 9 [See rule 12(2)] REVOCAT
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215 FORM 10 [See rule 13(2)] *APPOI
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217 FORM 11 [See rule 14(1)] REVOCA
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219 1 [FORM 12A [See rule 20(2)] AP
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221 1 [FORM 12C [See rule 27-C] PAR
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223 FORM 13A [See rule 23(1)(a)] DE
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225 FORM 13B [See rule 23(1)(b)] 1
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FORM 13C [See rule 23(1)(c)] 1 [Cov
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229 1 [FORM 13D [See rule 23(1)(d)]
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No postage stamp need be affixed by
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233 You must ensure that the cover
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235 1 [FORM 13E (See rule 27F) INST
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237 1 [FORM 13F [See rule 27N(3)] S
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239 FORM 13G [See rule 27N(4)] Seri
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FORM 14 [See rule 36(2)(c)] LIST OF
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245 1 [FORM 14A [See rules 40(2) an
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247 FORM 15 [See rule 42(2)] LIST O
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249 1 [FORM 16 [See rules 45, 56(7)
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251 PART II.—Result of Counting _
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253 1 [FORM 16A [See rules 45 and 5
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255 FORM 17 [See rule 49(3)(f)] Ten
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257 1 [FORM 17A (See rule 49L) Regi
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259 FORM 17C [See rules 49S and 56C
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261 PART II.—RESULT OF COUNTING _
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263 FORM 18 [See rule 52(2)] Appoin
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265 FORM 19 [See rule 52(4)] Revoca
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267 1 [FORM 20 [See rule 56(7)] Fin
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269 PART II (To be used for a Parli
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271 FORM 20 (See rule 59) Final Res
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273 1 [FORM 20A [See rule 56B (7)]
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275 II. Total number of valid votes
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277 1 [FORM 21 (See rule 11(1)] (Fo
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279 FORM 21A [See rule 11(1)] (For
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281 FORM 21B [See rule 11(1)] (For
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283 FORM 21C (See rule 64) (For use
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285 FORM 21D (See rule 64) (For use
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287 1 [FORM 21E] (See rule 64) Retu
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289 Conduct of Elections Rules, 196
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291 1 [FORM 23 [See rule 84(1)(a)]
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297 FORM 24 (See rule 85) Certifica
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299 1 [FORM 24A (See rule 85B) [Thi
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301 1 [FORM 25 (See rule 94A) Affid
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Page 353 and 354: 305 SCHEDULE (See rule 83) 1 [Illus
Page 355 and 356: 307 Papers B is marked as next avai
Page 357 and 358: 309 _______________________________
Page 359 and 360: 311 The process of exclusion is now
Page 361 and 362: 48 Value of votes:14,000 RESULT SHE
Page 363 and 364: 50 Value of votes:14,000 RESULT SHE
Page 365 and 366: 180 APPLICATION OF REGISTRATION OF
Page 367 and 368: 181 THE CONDUCT OF PARLIAMENTARY EL
Page 369 and 370: 182 CONDUCT OF ASSEMBLY ELECTIONS (
Page 371 and 372: 184 1 [(v) for Forms 2A to 2E appen
Page 373 and 374: 186 PART III I, the candidate menti
Page 375 and 376: 188 PART V (To be filled by the Ret
Page 377 and 378: 190 1 [FORM 2G (See rule 4) NOMINAT
Page 379 and 380: 192 We declare that we are electors
Page 381 and 382: 194 PART IV (To be filled by the ca
Page 383 and 384: 196 1 FORM 2H (See rule 4) NOMINATI
Page 385 and 386: 198 PART II* (To be used by the can
Page 387 and 388: 200 PART IV (To be filled by the ca
Page 389 and 390: 202 PART VII Receipt for Nomination
Page 391 and 392: 204 1 [FORM 3E (See rule 7) NOTICE
Page 393 and 394: 194 THE ELECTION SYMBOLS (RESERVATI
Page 395 and 396: 196 1 [(i) "State" includes the Nat
Page 397 and 398: 198 1 [7. Savings and Interpretatio
Page 399 and 400: 200 (a) that an application is made
Page 401: 202 (c) if, of those several candid
Page 405 and 406: 206 1 [FORM A Communication with re
Page 407 and 408: 208 Notice as to names of candidate
Page 409 and 410: 202 1 THE DELIMITATION OF COUNCIL C
Page 411 and 412: 204 1 2 3 _________________________
Page 413 and 414: 1 THE DELIMITATION OF COUNCIL CONST
Page 415 and 416: 205 1 THE DELIMITATION OF COUNCIL C
Page 417 and 418: 207 _______________________________
Page 421 and 422: 209 1 2 3 4. Belgaum Local Authorit
Page 425 and 426: 1 2 3 Local Authorities’ constitu
Page 427 and 428: 213 1 2 3 25. Allahabad Local Autho
Page 429 and 430: AUTHORITIES SPECIFIED UNDER SECTION
Page 431 and 432: OFFICER BEFORE WHOM A CANDIDATE FOR
Page 433 and 434: OFFICER BEFORE WHOM A CANDIDATE FOR
Page 435 and 436: 217 The Conduct Of Elections (Amend
Page 437 and 438: 219 tendered ballot paper is placed
Page 439 and 440: 221 (b) in sub-rule (4), for the wo
Page 441: 223 (8) after Form 22 appended ther
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