MANUAL OF ELECTION LAW


STATUTORY RULES AND ORDERS

THE CONDUCT OF ELECTIONS RULES, 1961

Recording of votes of blind or infirm electors
Elector deciding not to vote
Tendered Votes

49N. Recording of votes of blind or infirm electors.-(1) If the presiding officer is satisfied that owing to blindness or other physical infirmities an elector is unable to recognise the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance the presiding officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes:

Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day.

(2) The presiding officer shall keep a record in Form 14A of all cases under this rule.

49O. Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.

49P. Tendered Votes.-(1) If a person representing himself to be a particular elector seeks to vote after anther person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of which shall be in such language or languages as the Election Commission may specify.

(2) Every such elector shall before being supplied with tendered ballot paper write has name against the entry relating to him in Form 17B.

(3) On receiving the ballot paper he shall forthwith—

(a) proceed to the voting compartment;
(b) record there his vote on the ballot paper by placing a cross mark `X' with the instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote.
(c) fold the ballot paper so as to conceal his vote.
(d) show to the presiding officer, if required, the distinguishing mark on the ballot paper.
(e) give it to the presiding officer who shall place it in a cover specially kept for the purpose; and
(f) leave the polling station.

(4) If owing blindness or physical infirmities, such elector is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 49N for recording the vote in accordance with his wishes.



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