हिंदी में देखें   |   Skip to main content   |   Screen Reader Access   |   A-   |   A+   |   Theme
Jump to content
  • Search In
    • More options...
    Find results that contain...
    Find results in...

  • FAQs

    Frequently Asked Questions

    • ECI
      Q1. What is an Electronic Voting machine? In what way its functioning is different from the conventional system of voting?
      Ans. Electronic Voting Machine (EVM) is an electronic device for recording votes. An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is placed with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the Polling Officer in-charge of the Control Unit will release a ballot by pressing the Ballot Button on the Control Unit. This will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.
      Q2. When was the EVM first introduced in elections?
      Ans. EVMs were first used in 70-Parur Assembly Constituency of Kerala in the year 1982.
      Q3. How can EVMs be used in areas where there is no electricity?
      Ans. EVMs do not require electricity. EVMs run on an ordinary battery assembled by Bharat Electronics Limited/Electronics Corporation of India Limited.
      Q4. What is the maximum number of votes which can be cast in EVMs?
      Ans. An EVM being used by ECI can record a maximum of 2,000 votes.
      Q5. What is the maximum number of candidates which EVMs can cater to?
      Ans. In case of M2 EVMs (2006-10), EVMs can cater to a maximum of 64 candidates including NOTA. There is provision for 16 candidates in a Balloting Unit. If the total number of candidates exceeds 16, more balloting units can be attached (one per 16 candidates) up to a maximum of 64 candidates by connecting 4 Balloting Units. However, in case of M3 EVMs (Post 2013), EVMs can cater to a maximum of 384 candidates including NOTA by connecting 24 Balloting Units.
      Q6. What will happen if the EVM in a particular polling station goes out of order?
      Ans. If an EVM of a particular polling station goes out of order, the same is replaced with a new one. The votes recorded until the stage when the EVM went out of order remains safe in the memory of the Control Unit and it is perfectly fine to proceed with the polling after replacing the EVM with new EVM and there is no need to start the poll from the beginning. On counting day, votes recorded in both Control Units are counted to give the aggregate result of that polling station.
      Q7. Who has designed the EVMs?
      Ans. The EVMs have been devised and designed by the Technical Experts Committee (TEC) of the Election Commission in collaboration with two Public Sector undertakings viz., Bharat Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad. The EVMs are manufactured by the above two undertakings.
      Q8. What is Voter Verifiable Paper Audit Trail (VVPAT)?
      Ans. Voter Verifiable Paper Audit Trail (VVPAT) is an independent system attached with the Electronic Voting Machines that allows the voters to verify that their votes are cast as intended. When a vote is cast, a slip is printed containing the serial number, name and symbol of the candidate and remains exposed through a transparent window for 7 seconds. Thereafter, this printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.
      Q9. Whether VVPAT runs on electricity?
      Ans. No. VVPAT runs on a power pack Battery.
       Q10. Where were VVPATs used for first time in India?
      Ans. VVPATs with EVMs were used for first time in a bye-election from 51-Noksen (ST) Assembly Constituency of Nagaland.
      Q11. Who conducts the First Level Checking of EVMs & VVPATs?
      Ans. Only authorized engineers of the manufacturers, namely Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL), conduct the First Level Checking (FLC) of EVMs and VVPATs under control of District Election Officer and direct supervision of Dy. DEO in the presence of representative of Political Parties under videography.
      Q12. What is the cost of the machines? Is it not too expensive to use EVMs?
      Ans. The Cost of M2 EVMs (manufactured between 2006-10) was Rs.8670/- per EVM (Balloting Unit and Control Unit). The cost of M3 EVMs has been tentatively fixed at about Rs. 17,000 per unit. Even though the initial investment seems somewhat heavy, this is more than set off by the savings in the matter of printing of ballot papers in lakhs for every election, their transportation, storage etc., and the substantial reduction in the counting staff and the remuneration paid to them.
      Q13. In our country a sizeable section of the population is illiterate. Will it not cause problems for the illiterate voters?
      Ans. Voting by EVMs is much simpler compared to the conventional system, where one has to put the voting mark on or near the symbol of the candidate of his choice on the Ballot Paper, fold it first vertically and then horizontally and thereafter put it into the ballot box. In EVMs, the voter has to simply press the blue button on Ballot Unit against the candidate and symbol of his choice and the vote is recorded.
      Q14. Is it possible to use EVMs for simultaneous elections for Parliament and State Legislative Assembly?
      Ans. Yes. However, during simultaneous elections 2 separate sets of EVMs are required, one for the Parliamentary Constituency and the other for the Legislative Assembly Constituency.
      Q15. What are the advantages in using EVMs?
      Ans. Advantage of using EVMs:
       It completely eliminates the possibility of casting 'Invalid Votes', which during the paper ballot regime was noticed in large numbers during each election. In fact, in many cases, the number of 'Invalid Votes' exceeded the winning margin, leading to numerous complaints and litigations. Thus EVMs have enabled a more authentic and accurate reflection of the choice of the electorate. With the use of EVMs, printing of millions of ballot papers for every election can be dispensed with, as only one ballot paper is required for fixing on the Balloting Unit at each polling station instead of one ballot paper for each individual elector. This results in huge savings by way of cost of paper, printing, transportation, storage and distribution.  The counting process is very quick and the result can be declared within 3 to 5 hours as compared to 30-40 hours, on an average, under the conventional Ballot paper system. Q16. With ballot boxes counting is done after mixing the ballot papers. Is it possible to adopt this system when EVMs are used?
      Ans. Yes, through the use of a device called 'Totalizer' which can accommodate upto 14 Control Units at a time to aggregate votes without revealing the candidate-wise count of individual EVM used at a particular polling station. However, totalizers are not in use at present as its technical aspects and other related issues are under examination and it is also the subject of a court case.
       Q17. How long does the Control Unit store the result in its memory?
      Ans. The Control Unit can store the result in its memory until the data is deleted or cleared.
      Q18. Wherever an election petition is filed, the result of the election is subject to the final outcome. The courts, in appropriate cases, may order a recount of votes. Whether EVMs can be stored for such a long time and whether the result can be taken in the presence of the officers authorised by Courts? 
      Ans.The lifespan of an EVM is 15 years & even more and votes recorded in the Control Unit can be stored upto its lifetime until it is cleared. If the Court orders a recount, the Control Unit can be reactivated by fixing the battery and it will display the result stored in its memory.
      Q19. Is it possible to vote more than once by pressing the button again and again?
      Ans. No. As soon as a particular button on the Balloting Unit is pressed, the vote is recorded for that particular candidate and the machine gets locked. Even if one presses that button further or any other button, no further vote will be recorded. This way the EVMs ensure the principle of "one man, one vote". The next vote is enabled only when the Presiding Officer/Polling Officer in-charge of the Control Unit releases the Ballot by pressing the Ballot Button. This is a distinct advantage over the ballot paper system.
      Q20. How can a voter be sure that the EVM is working and his vote has been recorded? 
      Ans. As soon as the voter presses the `blue button' against the candidate and symbol of his choice, the lamp against symbol of that particular candidate glows red and a long beep sound is heard. Thus, there is both audio and visual indications for the voter to be assured that his vote has been recorded correctly. In addition, VVPAT provides an additional visual verification in the form of paper slip to the voter so he can ensure that his vote has been correctly recorded for the candidate of his choice. 
      Q21. Is it true that sometimes because of short-circuitry or other reason, a voter is likely to get an electric shock while pressing the `blue button?
      Ans.No. EVMs work on a battery and there is absolutely no chance of any voter getting an electric shock at the time of pressing the `blue button' or at any time of handling the EVM.
      Q22. Is it possible to program the EVMs in such a way that initially, say upto 100 votes, votes will be recorded exactly in the same way as the `blue buttons' are pressed, but thereafter, votes will be recorded only in favor of one particular candidate irrespective of whether the `blue button' against that candidate or any other candidate is pressed?
      Ans. The microchip used in EVMs is a one-time programmable/ masked chip, which can neither be read nor overwritten. Hence, the program used in the EVMs cannot be reprogrammed in a particular manner. Furthermore, the EVMs are stand-alone machines which are not accessible remotely from any network are connected with any external devices and there is no operating system used in these machines. There is, therefore, absolutely no chance of programming the EVMs in a particular way to select any particular candidate or political party.
       Q23. Will it not be difficult to transport the EVMs to the polling stations?
      Ans. No. On the contrary, it is easier to transport the EVMs, as compared to ballot boxes as EVMs are lighter, portable and come with custom-made polypropylene carrying cases for ease of portage/transport.
      Q24. In many areas of the country, there is no electricity connection and even in those places where there is electricity connection, power supply is erratic. In this scenario will it not create problem in storing the machines without air conditioning?
      Ans. There is no need to air condition the room/hall where EVMs are stored. What is required is only to keep the room/hall free from dust dampness and rodents as in the case of ballot boxes.
      Q25. In the conventional system, it will be possible to know the total number of votes polled at any particular point of time. In EVMs 'Result' portion is sealed and will be opened only at the time of counting. How can the total number of votes polled be known on the date of poll?
      Ans. In addition to the 'Result' button, there is a 'Total' button on Control Unit of EVMs. By pressing this button the total number of votes polled upto the time of pressing the button will be displayed without indicating the candidate-wise result.
      Q26. The Balloting Unit has provision for 16 candidates. In a constituency, there are only 10 candidates. The voter may press any of the buttons from 11 to 16. Will these votes not be wasted?
      Ans. No.  If there are only 10 candidates including NOTA in a constituency, the ‘Candidate’ buttons provided at Sl. No. 11 to 16 will be masked at the time of preparation of EVM by Returning Officer. Therefore, there is no question of any voter pressing any of the buttons for candidates 11 to 16.
      Q27. Ballot boxes are engraved so as to avoid any scope for complaint of replacement of these boxes. Is there any system of numbering EVMs?
      Ans. Yes. Each Balloting Unit and Control Unit has a unique ID Number, which is engraved on each unit. The list containing ID number of EVM (Balloting Unit & Control Unit) to be used in a particular polling station is prepared and provided to the contesting candidates/their agents.
      Q28. In the conventional system, before the commencement of poll, the Presiding Officer shows to the polling agents present that the ballot box to be used in the polling station is empty. Is there any such provision to satisfy the polling agents that there are no hidden votes already recorded in the EVMs?
      Ans. Yes. Before the commencement of poll, the Presiding Officer demonstrates to the polling agents present that there are no hidden votes already recorded in the machine by pressing the result button. Thereafter, he conducts a Mock poll with atleast 50 votes in the presence of the polling agents and tallied with the electronic result stored in the CU to fully satisfy the polling agents to satisfy them that the result shown is strictly according to the choice recorded by them. Thereafter, the Presiding Officer will press the clear button to clear the result of the mock poll before commencing the actual poll. He then again shows to polling agents, by pressing 'Total' button that it shows '0'. Then he seals the Control Unit before starting actual poll in the presence of polling agents. Now, with 100% VVPAT use at every polling booth, after the Mock Poll, the VVPAT paper slips are also counted.
      Q29. How can one rule out the possibility of recording further votes at any time after close of the poll and before the commencement of counting by interested parties?
      Ans. After completion of poll i.e. when the last voter has voted, the Officer in-charge of the Control Unit/Presiding Officer presses the 'Close' Button. Thereafter, the EVM does not accept any vote. After the close of poll, the Control Unit is switched off and thereafter the Balloting Unit is disconnected from the Control Unit and kept separately in the respective carrying cases and sealed. Further, the Presiding officer has to hand over to each polling agent a copy of the account of votes recorded. At the time of counting of votes, the total votes recorded in a particular control unit is tallied with this account and if there is any discrepancy, this can be pointed out by the Counting Agents.
      Q30. Whether there is any provision to complaint if the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for?
      Ans. Yes, if an elector after having recorded his vote alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, as per the provisions of Rule 49MA of Conduct of Elections Rules, 1961, the presiding officer shall obtain a written declaration from the elector as to the allegation, after warning the elector about the consequence of making a false declaration.
      If the elector gives the written declaration referred to in sub-rule (1) of Rule 49MA, the presiding officer shall permit the elector to record a test vote in the voting machine in his presence and in the presence of the candidates or polling agents who may be present in the polling station, and observe the paper slip generated by the printer.
      If the allegation is found true, the presiding officer shall report the facts immediately to the returning officer, stop further recording of votes in that voting machine and act as per the direction that may be given by the Returning Officer.
      If, however, the allegation is found to be false and the paper slip so generated under sub-rule (1) matches with the test vote recorded by the elector under sub-rule (2), then, the presiding officer shall-
      make a remark to that effect against the second entry relating to that elector in Form 17A mentioning the serial number and name of the candidate for whom such test vote has been recorded; obtain the signature or thumb impression of that elector against such remarks; and make necessary entries regarding such test vote in item 5 in Part I of Form 17C.". Q31. Who loads the Serial numbers, names of candidates and symbols allotted to contesting candidates in VVPAT unit?
      Ans. Serial numbers, names of candidates and symbols allotted to them are loaded in VVPAT unit with the help of engineers of the manufacturer i.e. ECIL/BEL.
      Q32. Whether test printout of the Serial numbers, names of candidates and symbols loaded in VVPAT is required?
      Ans. Yes. A test printout of the Serial numbers, names of candidates and symbols loaded in VVPAT is required to check with the ballot paper placed on Ballot Unit. Thereafter, one vote to each candidate will be given to check that the VVPAT is printing the paper slips correctly in respect of all the candidates.
      Q33. Whether additional Polling Official is required in each polling station to handle the VVPAT unit?
      Ans. Yes. Additional polling official is required in each polling station where M2 VVPATs are deployed with the EVMs. The duty of this polling official will be to watch the VVPAT Status Display Unit (VSDU), kept on the presiding officer's table, continuously during the entire poll process.
      However, in case of M3 VVPAT no additional polling official is required to handle the VVPAT. 
      Q34. Whether changing of paper roll is allowed at polling stations?
      Ans. Changing of paper roll is strictly prohibited at polling stations.
      Q35. Whether counting of printing paper slips of VVPAT is compulsory on the counting day?
      Ans. Counting of printed paper slips of VVPAT is done only in the following cases:
      Mandatory verification of printed VVPAT paper slips of 01 randomly selected polling station of (a) Assembly Constituency in case of election to State Legislative Assembly and (b) each Assembly Segment in case of election to the House of the People. In case of no display of result from the Control Unit, the printed paper slips of the respective VVPAT is counted. If any candidate, or in his absence, his election agent or any of his counting agents make a written request to count the printed paper slips of the VVPAT in respect of any polling station or polling stations under Rule 56 D of the Conduct of Elections Rules 1961, the Returning Officer taking into consideration various factors decides and issue written orders, whether to count or not to count the printed paper slips of the VVPAT of that particular polling station(s). Q36. After announcement of the result, whether the printed paper slips of VVPAT (counted or not), the printed paper slips are required to be taken out of the drop box of the VVPAT Printer unit?
      Ans. No. The VVPATs are stored along with the EVMs in a secure strong room till the completion of the Election Petition period.
      Q37. Where can I read further about EVMs and VVPATs?
      Ans. For further reading you may refer to:
      Manual of EVMs available at https://eci.nic.in/eci_main/ElectoralLaws/HandBooks/EVM_Manual_M3.pdf Status paper on EVM available at https://eci.nic.in/ECI_Main1/E-Book/StatusPaperEVM-Vol2/index.html
      Q38. Whether it is possible to know beforehand about the deployment of EVMs in a particular polling station?
      Ans. No, it must be noted here that the arrangement of names of candidates in the ballot paper, and hence the Ballot Unit, is in alphabetical order, first for the National & State Recognised Political Parties, followed by other State Registered Parties, and then by Independents. Thus, the sequence in which the candidates appear on the Ballot Unit is contingent on the names of the candidates and their party affiliation and cannot be ascertained beforehand.
      EVMs are allocated to polling station by two stages of randomization process through EVM Tracking Software developed by the Commission. After first level checking of EVMs, first randomization of EVMs is done at the District Election Officer level to allocate them Assembly Constituency-wise in the presence of the representative of political parties. Thereafter, before commissioning of EVMs, second randomisation of EVMs is done at the Returning Officer level to allocate them Polling Station-wise in the presence of candidates/their agents.
      Q39. Is it true that many petition have been filed against EVMs in courts? What is the outcome?
      Ans. Yes.
      Since 2001, the issue of possible tampering of EVM has been raised before various High Courts. Some of these are mentioned below:
      Madras High Court-2001 Kerala High Court-2002 Delhi High Court-2004 Karnataka High Court- 2004 Bombay High Court (Nagpur Bench)-2004 Uttarakhand High Court - 2017 Supreme Court of India - 2017 After detailed analysis of the various aspects of the technological security and administrative safeguards around the use of EVMs, the credibility, reliability and robustness of the EVMs has been validated by the various High Courts in all the cases. In some of these cases, the Hon'ble Supreme Court has also dismissed appeals filed by some petitioners against High Court orders, which were in favour of the EVMs. For details, refer Status paper on EVM available at https://eci.nic.in/ECI_Main1/E-Book/StatusPaperEVM-Vol2/index.html

    • In the recent past, there have been some queries in the minds of common people about the security features of Electronic Voting Machines (EVMs) of Election Commission of India (ECI). The Election Commission has, time and again, stated that ECI-EVMs and its systems are robust, secure and tamper-proof.
      The following FAQs give a detailed view of security features including latest technological features of EVMs and stringent administrative measures taken at every step of its usage from manufacturing to storage.
      1.    What is meant by Tampering of EVM?
      Tampering means alteration in the software program written either on existing microchips of Control Unit (CU) or introducing malicious software program by inserting new microchips in CU and also making keys - pressed in Ballot Unit (BU) not record faithfully in the Control Unit.
      2.    Are the ECI- EVMs hackable?
      No. M1 (model one) of EVM machines were manufactured till 2006 and had all necessary technical features making M1 non-hackable contrary to claims made by some activists.
      On the recommendations of the Technical Evaluation Committee in 2006, M2 model of EVMs produced after 2006 and upto 2012 incorporated dynamic coding of key codes thereby enabling transfer of the key – press message from Ballot Unit (BUs) to Control Unit (CUs), in an encrypted form as an additional security feature. It also contains Real time setting of each key press so that 
      sequencing of key presses including so called malicious sequenced key presses can be detected and wrapped.
      Further, the ECI- EVMs are not computer controlled, are stand alone machines and not connected to the internet and /or any other network at any point of time. Hence, there is no chance of hacking by remote devices.
      The ECI-EVMs do not have any frequency receiver or decoder for data for wireless or any external hardware port for connection to any other non-EVM accessory or device. Hence no tampering is possible either through hardware port or through Wireless, Wi-Fi or Bluetooth device because CU accepts only encrypted and dynamically coded data from BU. No other kind of data can be accepted by CU.
      3.    Can ECI-EVMs be manipulated by Manufacturers?
      Not Possible.
      There is very stringent security protocol at manufacturer level regarding security of software. The Machines have been manufactured in different years starting from 2006. After manufacturing, EVMs are sent to State and district to district within a State. The manufacturers are in no position to know several years ahead which candidate will be contesting from a particular constituency and what will be the sequence of the candidates on the BU. Also, each ECI-EVM has a serial number and the Election Commission by use of EVM –tracking software can find out from its database which machine is located where. So, any manipulation at manufacturing stage is ruled out.
      4.    Can Trojan Horse be incorporated into the chip in CU?
      Sequence of voting in EVM eliminates the possibility of injection of Trojan Horse as mentioned below. The stringent security measures by ECI make it impossible to introduce Trojan Horse in the field.
      Once a ballot key is pressed in CU, the CU enables BU for registering the vote and waits for the key pressing in the BU. During this period, all keys in the CU become Inactive till the entire sequence of casting of that vote is complete. Once any of the keys (candidates vote button) is pressed by a voter in BU, the BU transmits the key information to CU. The CU gets the data and acknowledges it by glowing the corresponding LED lamps in BU. After the enabling of ballot in CU, only the ‘first key press’is sensed and accepted by CU.  After this, even if a voter keeps on pressing the other buttons that is of no use as there will not be any communication between CU and BU as the result of those subsequent key presses, nor will BU register any key press. To put it in other words, there can be only one valid key press (the first key press) for every ballot enabled using CU.  Once a valid key press (voting process) is complete, until another ballot enabling key press is made there will not be any activity between the CU and the BU. Hence, sending of any malicious signal, by way of so called ‘sequenced key presses’, is impossible in the Electronic Voting Machines being used in the country.
      5.    Are Old model ECI- EVMs still in use?
      M1 model of EVM machines were produced up to 2006 and were last used in 2014 General Elections. In 2014, EVM machines which completed 15 years of economic life and also because M1 were not compatible with VVPAT (voter-verified paper audit trail) , ECI decided to discontinue use of all M1 EVMs manufactured upto 2006. There is a Standard Operating Procedure laid down by ECI to discard EVMs. The process of destruction of EVM & its chip is carried out in the presence of Chief Electoral Officer of the state or his representatives inside the factory of manufacturers.
      6.    Can ECI-EVMs be Physically Tampered with/ their components be changed without anyone noticing?
      In addition to the existing security features in earlier models M1 & M2 of ECI-EVMs, the new M3 EVM produced after 2013 have additional features like Tamper Detection and Self Diagnostics. The tamper detection feature makes an EVM inoperative the moment anyone tries to open the machine. The Self diagnostic feature checks the EVM fully every  time it is  switched  on. Any change in its hardware or software will be detected.
      A prototype of a new model M3 with above features is going to be ready shortly. A Technical Experts Committee will examine it and then production will commence. About Rs. 2,000 crores have been released by the Government to procure M3 EVMs with above additional features and new technological advancements.
      7.    What are the latest technological features to make ECI-EVMs tamper proof?
      The ECI-EVMs use some of the most sophisticated technological features like one time programmable (OTP) microcontrollers, dynamic coding of key codes, date and time stamping of each and every key press, advanced encryption technology and EVM-tracking software to handle EVM logistics, among others to make the machine 100% tamper proof. In addition to these, new model M3 EVMs also have tamper detection and self-diagnostics as added features. Since, software is based on OTP the program cannot be altered, re-written or Re-read. Thus, making EVM tamper proof. If anyone make, attempt, the machine will become in operative.
       
      8.    Do the ECI-EVMs use foreign technology?
      Contrary to misinformation and as alleged by some, India do not use any EVMs produced abroad. EVMs are produced indigenously by 2 PSUsviz. Bharat Electronics Ltd., Bengaluru and Electronics Corporation of India Ltd., Hyderabad. The Software Programme Code is written in-house, by these two companies, not outsourced, and subjected to security procedures at factory level to maintain the highest levels of integrity. The programme is converted into machine code and only then given to the chip manufacturer abroad because we don’t have the capability of producing semi-conductor microchips within the country.
      Every microchip has an identification number embedded into memory and the producers have their digital signatures on them. So, the question of their replacement does not arise at all because microchips are subjected to functional tests with regard to the software. Any attempt to replace microchip is detectable and can make EVM in-operative. Thus, both changing existing  programme  or introducing new one are detectable making EVM in-operative.
      9.    What  are  the  possibilities  of  manipulation  at  the  place  of  storage?
      At the district headquarters, EVMs are kept in a double-lock system under appropriate security. Their safety is periodically checked. The officers do not open the strong room, but they check whether it’s fully protected and whether the lock is in proper condition or not. No Unauthorized person can get access to the EVMs at any point of time. During non election period, Annual Physical Verification of all EVMs is done by DEOs and report sent to ECI. Inspection & checking have recently been completed.
      10.    To what extent are allegations of EVM tampering in local body polls true?
      There is a misunderstanding in this regard due to lack of knowledge about jurisdiction. In case of elections to Municipal bodies or Rural bodies like Panchayat Elections, the EVMs used do not belong to the Election Commission of India. Above local bodies elections come under the jurisdiction of State Election Commission/s (SECs), which procure their own machines and have their own handling system. ECI is not responsible for functioning of EVMs used by SECs in above elections.
      11.    What are the different levels of checks and balances ensuring tamper proofing of ECI-EVMs?
      •    First Level Checking:BEL/ECIL engineers certify originality of components after technical and physical examination of each EVM, undertaken in front of representatives of political parties. Defective EVMs are sent back to factory.
       
      The FLC Hall is sanitized, entry is restricted and no camera, mobile phone or spy pen is allowed inside. Mock poll of at least 1000 votes is conducted on 5% EVMs selected randomly by reps of political parties and the result shown to them. The entire process is video graphed.
      •    Randomization: EVMs are randomized twice while being allocated to an Assembly and then to a polling booth ruling out any fixed allocation. Mock Poll at polling station is conducted in front of polling agents of candidates on the poll day, before polls begin.
      After Poll, EVMs are sealed and polling agents put their signature on the seal. Polling agents can travel upto strong room during transportations.
      •    Strong Rooms: Candidates or their representatives can put their own seals on the strong rooms where polled EVMs are stored after the poll and also camp in front of strong room. These strong rooms are guarded 24x7 in multilayers.
      •    Counting Centres: The polled EVMs are brought to the Counting Centres and Unique IDs of the seals and CU are shown to reps of candidates before start of counting.
      12.    Can a manipulated ECI- EVM be re-inducted in the polling process without anyone coming to know?
      Question does not arise.
      Looking at the above series of fool-proof checks and balances that are undertaken by the ECI to make EVMs tamper proof, it is evident that neither the machines can be tampered-with nor defective machines can get re- inducted into the polling process at any point of time because Non ECI -EVMs will get detected by the above process and mismatch of BU & CU. Due to different level of stringent checks and balances neither ECI-EVMs can leave the ECI system nor any outside machine (Non-ECI –EVM) can be inducted into the system.
      13.    Why have Developed Nations like the US and European Union not adopted EVMs and some have discontinued?
      Some countries have experimented with electronic voting in the past. The problem faced with the machines in these countries was that they were computer controlled and connected to the network, which in turn, made themprone to hacking and hence totally defeating the purpose. Moreover, there were not adequate security measures and safeguards in their corresponding laws regulations for security, safety and protection. In some countries, Courts struck down the use of EVMs on these legal grounds only. 
      Indian EVM is stand-alone whereas, USA, The Netherlands, Ireland & Germany had direct recording machines. India has introduced paper audit trail, though partly. Others did not have audit trail. Source code is closed during polling in all of the above countries. India also has closed source burnt into memory and is OTP.
      ECI-EVMs, on the other hand, are stand-alone devices not connected to any network, thus making it impossible for anyone to tamper with over 1.4 million machines in India individually. EVMs are most suited for India, looking at the country’s past poll violence and other electoral malpractices like rigging, booth capturing etc. during the polls.
      It is worth mentioning that in contrast with countries like Germany, Ireland and the Netherlands. Indian Laws & ECI regulations have in-built adequate safeguards for security & safety of EVMs Besides, Indian EVMs are far superior on account of secured technological features. Indian EVMs also stand apart because VVPATs going to be used with EVMs in phases to make entire process transparent for voters.
      In case of The Netherlands, rules regarding storage, transport and security of machine were lacking. Machines produced in The Netherlands were also used in Ireland & Germany. In a judgment in 2005, German Court found voting device ordnance unconstitutional on the ground of violation of the privilege of the public nature of election& the basic law. So, these countries discontinued the use of machines produced in The Netherlands. Even, today many countries including USA are using machines for voting
      ECI –EVMs are fundamentally different from the voting machines and processes adopted in foreign countries. Any comparison based on computer controlled, operating system based machines elsewhere will be erroneous and ECI –EVM cannot be compared with.
      14.    What is the status of VVPAT enabled machines?
      The ECI has conducted elections in 255 assembly constituencies and nine Lok Sabha constituencies using Voters Verified Paper Audit Trail (VVPAT). The use of M2 and new-generation M3 EVMs along with VVPAT is the way forward for further confidence and transparency of the voters.
       

    • MODEL CODE OF CONDUCT FOR THE GUIDANCE OF POLITICAL PARTIES AND CANDIDATES
      1. General Conduct
      No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided. There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda. All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station. The right of every individual for peaceful and undisturbed home-life shall be respected, however much the political parties or candidates may resent his political opinions or activities. Organising demonstrations or picketing before the houses of individuals by way of protesting against their opinions or activities shall not be resorted to under any circumstances. No political party or candidate shall permit its or his followers to make use of any individual’s land, building, compound wall etc., without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans etc. Political parties and candidates shall ensure that their supporters do not create obstructions in or break up meetings and processions organised by other parties. Workers or sympathisers of one political party shall not create disturbances at public meetings organised by another political party by putting questions orally or in writing or by distributing leaflets of their own party. Processions shall not be taken out by one party along places at which meetings are held by another party. Posters issued by one party shall not be removed by workers of another party.
        II.    Meetings
      The party or candidate shall inform the local police authorities of the venue and time any proposed meeting Well in time so as to enable the police to make necessary arragements for controlling traffic and maintaining peace and order. A Party or candidate shall ascertain in advance if there is any restrictive or prohibitory order in force in the place proposed for the meeting if such orders exist, they shall be followed strictly. If any exemption is required from such orders, it shall be applied for and obtained well in time. If permission or license is to be obtained for the use of loudspeakers or any other facility in connection with any proposed meeting, the party or candidate shall apply to the authority concerned well in advance and obtain such permission or license. Organisers of a meeting shall invariably seek the assistance of the police on duty for dealing with persons disturbing a meeting or otherwise attempting to create disorder. Organisers themselves shall not take action against such persons.
        III    Procession
      A Party or candidate organizing a procession shall decide before hand the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinary be on deviation from the programme. The organisers shall give advance intimation to the local police authorities of the programme so as to enable the letter to make    necessary arrangement. The organisers shall ascertain if any restrictive orders are in force in the localities through which the procession has to pass, and shall comply with the restrictions unless exempted specially by the competent authority. Any traffic regulations or restrictions shall also be carefully adhered to. The organisers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organised in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion. Processions shall be so regulated as to keep as much to the right of the road as possible and the direction and advice of the police on duty shall be strictly complied with. If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organisers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose the parties shall contact the police at the earliest opportunity. The political parties or candidates shall exercise control to the maximum extent possible in the matter of processionists carrying articles which may be put to misuse by undesirable elements especially in moments of excitement. The carrying of effigies purporting to represent member of other political parties or their leaders, burning such effigies in public and such other forms demonstration shall not be countenanced by any political party or candidate.
        IV.    Polling Day
      All Political parties and candidates shall –
      co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction. supply to their authorized workers suitable badges or identity cards. agree that the identity slip supplied by them to voters hall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party; refrain from serving or distributing liquor on polling day and during the fourty eight hours preceding it not allow unnecessary crowd to be collected near the camps set up by the political parties and candidates near the polling booths so as to avoid Confrontation and tension among workers and sympathizers of the parties and the candidate. ensure that the candidate’s camps shall be simple .The shall not display any posters, flags, symbols or any other propaganda material. No eatable shall be served or crowd allowed at the camps and co-operate with the authorities in complying with the restrictions to be imposed on the plying of vehicles on the polling day and obtain permits for them which should be displayed prominently on those vehicles.
        V.    Polling Booth

      Excepting the voters, no one without a valid pass from the Election Commission shall enter the polling booths.
      VI.    Observers
      The Election Commission is appointing Observers. If the candidates or their agents have any specific complaint or problem regarding the conduct of elections they may bring the same to the notice of the Observer.
      VII.    Party in Power
      The party in power whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular –
      (a) The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work.
      (b) Government transport including official air-crafts, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power; Public places such as maidans etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolized by itself. Other parties and candidates shall be allowed the use of such places and facilities on the same terms and conditions on which they are used by the party in power; Rest houses, dark bungalows or other Government accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda; Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided. Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission; and From the time elections are announced by Commission, Ministers and other authorities shall not –           (a)    announce any financial grants in any form or promises thereof; or
                (b)    (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
                (c)    make any promise of construction of roads, provision of drinking water facilities etc.; or
                (d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power.
      Note : The Commission shall announce the date of any election which shall be a date ordinarily not more than three weeks prior to the date on which the notification is likely to be issued in respect of such elections.
              7.Ministers of Central or State Government shall not enter any polling station or place of counting except in their capacity as a candidate or voter or authorised agent.
      FREQUENTLY ASKED QUESTIONS (FAQs)
      Q. 1. What is the Model Code of Conduct?
      Ans.The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
       
      Q. 2. What is the role of Election Commission in the matter?
      Ans. The Election Commission ensures its observance by political party(ies) in power, including ruling parties at the Centre and in the States and contesting candidates in the discharge of its constitutional duties for conducting the free, fair and peaceful elections to the Parliament and the State Legislatures under Article 324 of the Constitution of India. It is also ensured that official machinery for the electoral purposes is not misused. Further, it is also ensured that electoral offences, malpractices and corrupt  practices such  as impersonation, bribing and inducement of voters, threat and intimidation to the voters are prevented by all means. In case of violation, appropriate measures are taken.
       
      Q.3. From which date the Model Code of Conduct is enforced and operational upto which date?
      Ans. The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.
       
      Q.4. What is applicability of code during general elections and bye-elections?
      Ans.
      During general elections to House of People (Lok Sabha), the code is applicable throughout the country. During general elections to the  Legislative Assembly (Vidhan Sabha), the code is applicable in the entire State. During bye-elections, the code is applicable in the entire district or districts in which the constituency falls.  
      Q.5. What are the salient features of the Model Code of Conduct?
      Ans. The salient features of the  Model Code of Conduct lay down how political  parties,  contesting  candidates  and  party(s)  in  power should conduct themselves during the process of elections i.e. on their general conduct during electioneering, holding meetings and processions, poll day activities and functioning of the party in power etc.
       
      ON OFFICIAL MACHINERY
       Q.6. Whether a Minister can combine his official visit with electioneering work?
      Ans. No
      The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work.
       Q.7. Whether  Govt.   transport   can   be   used   for  electioneering work?
      Ans. No
      No transport including official air-crafts, vehicles etc. shall be used for furtherance of the interest of any party or a candidate.
      Q.8. Whether Govt. can make transfers and postings of officials who are related to election work?
      Ans. There shall be a total ban on the transfer and posting of all officers/officials directly or indirectly connected with the conduct of the election. If any transfer or posting of an officer is considered necessary, prior approval of the Commission shall be obtained.
       
      Q. 9. Suppose an officer related to election work has been transferred by the Govt. before enforcement of model code of conduct and has not taken over charge at new place. Can such officer take over charge of office at new place after announcement of the code?
      Ans. No
      Status-quo-ante shall be maintained.
       
      Q.10. Whether a Minister of Union or State can summon any election related officer of the constituency or the State for any official discussion during the period of elections?
      Ans.No Minister, whether of Union or State, can summon any election related officer of the constituency or the State for any official discussions anywhere.
      If Union Minister is traveling out of Delhi on purely official business, which cannot be avoided in public interest, then a letter certifying to this effect should be sent from the concerned Secretary of the Ministry/Department to the Chief Secretary of the concerned State, with a copy to the Election Commission.
       
      Q.11. Can an official meet the minister on his private visit to the Constituency where elections are being held?
      Ans. No
      Any official who meets the Minister on his private visit to the constituency shall be guilty of misconduct under the relevant service rules; and if he happens to be an official mentioned in Section 129 (1) of the Representation of People Act, 1951, he shall also be additionally considered to have violated the statutory provisions of that Section and liable to penal action provided thereunder.
       
      Q.12. Whether Ministers are entitled for official vehicle during the election?
      Ans. Ministers are entitled to use their official vehicles only for commuting from their official residence to their office for official work provided that such commuting is not combined with any electioneering or any political activity.
       
      Q.13. Whether Ministers or any other political functionaries can use pilot car with beacon lights affixed with siren ?
      Ans. Minister or any other political functionary is not allowed during election period, to use pilot car or car with beacon lights of any colour or car affixed with sirens of any kind whether on private or official visit, even if the State administration has granted him a security cover requiring presence of armed guards to accompany him on such visit. This prohibition is applicable whether the vehicle is government owned or private owned.

      Q.14. Suppose there is a visit of President / Vice President at any place in the State. Is a Minister allowed to use VIP Car with other protocol?
      Ans. Yes
      The Minister may leave with VIP car and other protocol from his headquarters to the place of visit of President/ Vice President and return to his headquarters without attending any other function/meeting with any other political functionary. This restriction shall be applicable from the time he leaves the Headquarters and till he reaches back the headquarters.

      Q.15. Suppose a vehicle has been provided to Minister by the State and the Minister is given an allowance for maintenance of such vehicle. Can it be used by the Minister for election purposes?
       Ans. Where a vehicle is provided by the State or the Minister is given an allowance for maintenance of the vehicle, he cannot use such vehicle for election.

      Q.16. Whether facility of official vehicles can be withdrawn from those ministers who violate the provisions of Model Code of conduct?
      Ans. Yes
      The Chief Electoral Officer shall also recover the cost of propulsion from the ministers who may misuse their official position.

       Q. 17. Whether there is any restriction or visits of members of National Commission for Schedule Castes or any other similar National/State Commissions?
      Ans. It is advised that all official visits of Members of such Commissions shall be deferred, unless any such visit becomes unavoidable in an emergent situation, till the completion of election exercise to avoid any misunderstanding that may arise in any quarters.
       
      Q. 18. Whether members of Finance Commission of Govt. of India can visit State(s)?
      Ans. Yes
      Provided neither the press briefings nor press notes would be issued, highlighting the achievements of the State or otherwise.
       
      Q.19. Whether Chief Minister and other Ministers can attend New Year Day function (of the State), which is a State function?
      Ans. No
      Only Chief Secretary and other officials may participate and no political person including Chief Minister or Minister may participate in such function where Govt. funds are used.

       Q.20. Whether a Chief Minister/Minister/Speaker can attend a “State Day” function of a State?
      Ans. There is no objection provided that he does not make any political speech on the occasion and the function is to be conducted only by Govt. officials. No advertisement depicting the photograph of Chief Minister/Minister/Speaker shall be released.

      Q. 21. Whether Governor/Chief Minister/Ministers can participate and address the Convocation function of University or Institute?
      Ans.Governor may participate and address the Convocation. Chief Minister or Ministers may be advised not to participate and address the Convocation.
      Q.22. Whether “Iftar Party” or any other similar party can be hosted at the residence of political functionaries, the expenses of which will be borne by State exchequer?
      Ans. No
      However any individual is free by to host any such party in his personal capacity and at his personal expense.
      Q.23.  Is there any restriction on address of Governor in the Assembly Session (budget)?
      Ans.  No
      ON WELFARE SCHEMES, GOVERNMENT WORKS ETC.
       Q.24. Is there any restriction on issue of advertisement at the cost of public exchequer regarding achievements with a view to furthering the prospects of the party in power?
      Ans. Yes
      The advertisement regarding achievements of the party at the cost of public exchequer in the print and electronic media and the misuse of official mass media during the period of election is prohibited.

       Q. 25. Whether hoardings/advertisements etc. depicting the achievements of the party(s) in power at Centre/State Governments at the cost of public exchequer can be continued?
      Ans.No
      All such hoardings, advertisements etc. on display shall be removed forthwith by the concerned authorities. Further, no advertisements should be issued in the newspapers and other media including electronic media at the cost of public exchequer.
       
      Q. 26. Whether a Minister or any other authority can sanction grants/ payments out of discretionary funds?
      Ans. No
      Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced.
       
      Q.27. Whether money can be withdrawn from treasury against the sanctioned amount from the discretionary funds of Ministers to prepare draft in the names of beneficiaries which may be disbursed after process of election is completed?
      Ans. The funds may either be kept in “Personal Ledger Account” of the concerned Department or the release may be deferred till the completion of elections.

      Q.28. Suppose work order has been issued in respect of a scheme or a programme. Can it be started after announcement of election programme?
      Ans. Work shall not be started in respect of which work order has been issued before announcement of election but the work has actually not started in the field. If a work has actually started in the field that can be continued.
       
      Q.29. Whether fresh release of funds under MPs/MLAs/MLCs Local Area Development Fund of any scheme can be made?
      Ans.No
      Fresh release of funds under MPs/MLAs/MLCs Local Area Development Fund of any scheme shall not be made in any area where election is in progress, till the completion of the election process.
       
      Q.30. There are various rural development programmes/ schemes of Central government like Indira Awas Yojana, Sampoorna Grameen Rozgar Yojana, Swaranjayanti Gram Swarozgar Yojana, National Food  for Work programme, National Rural Employment Guarantee Act. Are there any guidelines for implementation of these schemes/programmes?
      Ans. Yes
      Following guidelines shall be followed in respect of each scheme/programme as enumerated below:-
      a)    Indira Awas Yojana (IAY)
      Beneficiaries, who have been sanctioned housing scheme under IAY and have started work, will be assisted as per norms. No new constructions will be taken up or fresh beneficiaries sanctioned assistance till the elections are over.
      (b) ) Sampoorna Grameen Rozgar Yojana (SGRY)
      Continuing works in progress may be continued and funds earmarked for such works can be released. In case of any Panchayat where all ongoing works have been completed and there is a requirement for taking up new wage employment works and where funds released directly to the Panchayats from the Ministry of Rural Development are available, new works can be started from approved annual action plan for the current year with the prior consent of the District Election Officer. From other funds, no new works shall be started.
      c ) Swaranjayanti Gram Swarozgar Yojana (SGSY)
      Only those help groups which have received part of their subsidy/grant will be provided the balance installments. No fresh individual beneficiaries or SHGs will be given financial assistance till the elections are over.
      (d ) National Food for Work Programme(NFWP)
      There is no objection for continuance of old works and sanction of new works in those districts where no elections have been announced. In those districts where elections have been announced and are in progress, only those works may be undertaken that have already started physically on ground, provided outstanding advance given for implementation of such works at a given time shall not exceed the amount equivalent to work for 45 days.
       
      e)    National Employment Rural Guarantee Act (NERGA)
      The Ministry of Rural Development shall not increase the number of districts in which it is being implemented after announcement of elections. The job card holders will be provided employment in the ongoing work, if they  demand work, after announcement of elections. In case no employment can be provided in ongoing works, the competent authority may start new work(s) from the shelf of projects that has been approved and inform the fact to concerned District Election Officer (DEO). No new work shall be started by the competent authority till such time employment can be given in ongoing works. In case no shelf of project is available or all works available on shelf have been exhausted, then the concerned competent authority shall make a reference to the Commission for approval through the concerned DEO. The competent authority shall also furnish a certificate to DEO to the effect that the new work has been sanctioned as no employment can be given to the job card holder in the ongoing work.
      Q.31. Whether a Minister or any other authority can announce any financial grants in any form or promises thereof or lay foundation stones etc. of projects or schemes of any kinds etc.?Ans. No
      Ministers and other authorities shall not announce any financial grants in any form or promises thereof; or (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or make any promise of construction of roads, provision of drinking water facilities etc. or make any ad-hoc appointments in Government, Public Undertakings etc.
      In such case, senior Govt.  Officer may lay foundation stone etc. without involving any political functionary.
       
       Q. 32. A budget provision has been made for a particular scheme or the scheme has been sanctioned earlier. Can such scheme be announced or inaugurated?
      Ans. No
      Inauguration/announcement of such scheme is prohibited during election period.
       
      Q.33. Whether ongoing beneficiary scheme can be continued?
      Ans. No
      The processing of beneficiary oriented scheme, even if ongoing, shall be suspended during election period. Further, no fresh release of funds on welfare schemes and works should be made.
      Q.34. Suppose work order has already been issued for a scheme. Can work be started in respect of such scheme?
      Ans. No work shall be started in respect of which even if work orders have already been issued, if the work has actually not started in the field. Work can start only after the completion of election process. However, if a work has actually started, that can be continued.
       
       Q.35. Is   there   any   bar   to   release   of   payments   for  completed work?
      Ans. There shall be no bar to the release of payments for completed work subject to the full satisfaction of the concerned officials.
       
      Q.36. How the Govt. may meet the emergency situation or unforeseen calamities, when there are restrictions for announcing welfare measures?
      Ans. For tackling emergencies or unforeseen calamities like providing relief to people suffering from drought, floods, pestilences, other natural calamities or welfare measures for the aged, infirm etc., Govt. may do so after obtaining prior approval of the Commission and all ostentatious functions shall be strictly avoided and no impression shall be given or allowed to be created that such welfare measures or relief and rehabilitation works are being undertaken by the Government in office with any ulterior motive.
       
       Q.37. Whether financial institutions funded, partially or wholly by the Governments can write off loans advanced to any individual, company, firm, etc.?
      Ans. No
      The financial institutions funded, partially or wholly by the Governments shall not take recourse to writing off loans advanced to any individual, company, firm, etc. Also, financial limits of such institutions, while granting or extending loans, should not be enhanced by issuing of loans indiscriminately to beneficiaries.
       
      Q. 38. Whether tenders, auctions etc. relating to matters such as liquor vends, Tendu leaves and other such cases can be processed?
      Ans. No
      Processing of such cases should be deferred till the completion of election process in the concerned areas and the Govt. may make interim arrangements where unavoidably necessary.
       
      Q. 39. Suppose contract for Toll Tax is expiring at the end of financial year (31st March of the year), for which auction date has already been proposed/advertised. Whether auction can be held for awarding the contract?
      Ans. Yes
      Provided the contract is supervised by the Commissioner/Divisional Commissioner or some other senior District Officer directly answerable to the Commissioner/Divisional Commissioner and there is no change in the earlier policy or auction procedure.

      Q.40. Whether meeting of Municipal Corporation, Nagar Panchayat, Town Area Committee, etc. can be convened to review the revenue collection and preparing draft anuual budget etc? Ans. Yes
      Provided that at such meetings only the matters of routine nature relating to day-to-day administration may be taken up and not the matters relating to its policies and programmes.
      Q.41. Whether function regarding “Stop TB” programme can be held which may be inaugurated by a political functionary and whether an advertisement on “World TB Day” can be released and published?
      Ans. There is no objection provided –
      i.    during the inauguration ceremony, no political speeches are   made ,
      ii.    no advertisement with photographs of PM and / or any Minister is  issued , and
      iii.     advertisements    and speeches are confined to the subject  of combating and eradication of TB only.
       
      Q.42. Whether political functionaries can participate in the celebration of “Sadbhavna Diwas” which is celebrated through out the country?
      Ans.The Central Ministers / Chief Minister / Ministers in the States and other political functionaries can participate in the celebration of “Sadbhavna Diwas” subject to condition that the “theme” of their speeches should be confined only to the promotion of harmony among the people’ and no political speech should be made. Messages, if any, issued in the name of Minister should be confined to the theme of national integration only and should carry no photograph of the concerned Minister.
       
      Q.43. Whether State-level functions can be held for observance of Martyrdom of Martyrs which may be presided/attended to by Chief Minister / Minister?
      Ans.Yes
      Provided that the speeches of the Chief Minister and other Ministers should restrict to the Martyrdom of the Martyrs and praising them. No political speech or speech enumerating or referring to the achievements of the Government or party in power should be made.
      Q.44. Whether birthday celebration of Shri Babu Jagjivan Ram and Dr. B.R. Ambedkar which falls on 5th April and 14th April respectively as a State function may be conducted?
      Ans. Yes
      Provided it is not used as an occasion for political campaign or highlighting public achievements of the Govt. and also there is no ostentation and no political functionary addresses such meetings. The above restriction shall be equally applicable in all such other functions.
       
      Q.45. Whether Kavi Sammelan, Mushiaras or other cultural functions can be organized in connection with the Independence Day/Republic Day celebration and whether political functionaries can attend the same?
      Ans.Yes
      The Central Ministers / Chief Minister / Ministers in the States and other political functionaries can attend the programme. However, it will be ensured that no political speeches highlighting the achievements of the party in power are made on the occasions.
       
      Q.46. Whether films can be telecast on the occasions of birth and death anniversaries / ceremony anniversaries of prominent leaders in which VVIPs/VIPs may likely to feature?
      Ans. May not be telecast, in case the coverage involves VVIPs/VIPs.
      Q.47. Whether media campaign can be made for effective implementation of statutory warnings, etc. on sale of cigarettes and other tobacco products?
      Ans. Yes
      Provided that photos/messages of political personalities etc. shall not be associated with the campaign.

      Q.48. Whether political advertisements can be printed on  back side of the bus-ticket of Govt. owned buses?
      Ans. No
      Q.49. Whether Govt. can release convicted criminals on parole after following due procedures?
      Ans. If the Govt. feels that the release of any convict on parole is absolutely essential for certain compelling reasons, in that case Govt. shall consult the Chief Electoral Officer before granting parole.
       
      Q. 50. Whether minimum support price of wheat and other agricultural products can be determined?
      Ans. A reference in the matter shall be made to the Election Commission.
      Q.51. Whether the Government can proceed and act upon the following indicative illustrative list of items, which is not exhaustive, without obtaining clearance/approval from the Election Commission?
      (i)    Extension of term of an official for further period except officials related to conduct of elections,
      (ii)    Enhancement of minimum penalty in case of ticket less travel,
      (iii)    Sanctioning of grants to consumer co-ordination council from consumer welfare fund to organize a conference on world consumer rights day,
      (iv)    Issuing advertisement regarding pulse    polio    immunization programme,
      (v)    Seeking financial assistance from National Calamity Contingency Fund for drought relief measure-deputing of Inter-Ministerial team of officers to visit concerned State,
      (vi)    Request of the State Govt. for transportation of water and  fodder by Rail in areas declared drought affected,
      (vii)    Promotion of officials by convening DPC and filling regular posts falling due to retirement, deputation, etc.,
      (viii)    Appointment of persons on compassionate    grounds    in pursuance of Court’s orders,
      (ix)    Celebration of “May-Day”,
      (x)    Providing additional charge of office of one officer to another one,
      (xi)    To call and finalize tenders of routine, repair maintenance, strengthening andupgradation public utilities being run by the local authorities,
      (xii)    Replacement/repair or damaged water supply distribution pipes,
      (xiii)    To issue work order of construction of public facilities and public toilets on BOT basis in pursuance of Court’s directions,
      (xiv)    To conduct the election of college students union,
      (xv)    Clearance of unauthorized structure/land as per orders of Court,
      (xvi)    Release of advertisement for activities relating to control of HIV/AIDS,
      (xvii)    Release of advertisement to create awareness about important provisions of labour laws,
      (xviii)    Purchase of uniform clothes and equipments for Police and awarding of Tender thereof,
      (xix)    Commencement of desilting of drain/cattle ponds
      (xx)    Grant of financialupgradation under assured career progression scheme to employees,
      (xxi)    Calling of tenders for work to control mosquitoes
      (xxii)    Transfer/posting of doctors,
      (xxiii)    To shift criminals from one jail to other jail in pursuance of Court’s orders,
      (xxiv)    To form Committee for stock of chemical fertilizer for Kharif and Rabi crops ,
      (xxv)    To purchase medicine and equipments for hospitals for which grants have already been sanctioned and tenders for which were already called for.
      (xxvi)    Recruitment rally to enroll youth into the Army, 
      Ans. Yes
      Provided that no impression is given or created that the same has been done with a view to influencing the electorate in favour of ruling party. Further, in the case of advertisements, photo of Minister/political functionary should not be contained therein.
       
      Q.52.  Whether the Government can proceed and act upon the following indicative illustrative list of items, which is not exhaustive, without obtaining clearance from the Commission?
      (i)    Issuing sanction orders to out of turn PCO/Telephone connections and to nominate members to various Telephone Advisory Committees which were ordered by the minister before the elections.
      (ii)    Issue of appointment order to a person as a part time non-official Director on the board of PSU after Cabinet’s approval.
      (iii)    Fixing of tariff for Major Port Trusts by Tariff Authority for major ports.
      (iv)    Sanctioning of grants From Consumer Welfare fund to eligible voluntary consumer organizations as per guidelines.
      (v)    Implementation of SEZ rules and regulations
      (vi)    Publication of a booklet titled “Year of Achievement of the Department” highlighting    the    salient achievement of the Department,
      (vii)    Anganwadi Karyakartri Bima Yojana, an insurance scheme under the LIC’s social security group scheme foranganwadi workers and helpers,
      (viii)    Appointment of Central Govt. nominees to the General  Council as well as Executive Committee of National Council for Teachers Education,
      (ix)    Recruitment drive onlyfor wards of serving/retired service  personnel as a welfare measures for troops.
      (x)    Issue of advertisements in newspapers and video & audio spots on generic advertisement of processed food,
      (xi)    Issue of Notification for setting up a new Promotion Council for pharmaceutical sector,
      (xii)    Appointment of a person as a Sr. Consultant from a Private Company as Head of the internal system group to review the ongoing projects and E- governance nitiations 
      Ans. No
      The  processing  of  aforesaid  items  may  be  deferred  till  the completion of elections.
       Q.53. Whether State Govt. can seek clarification/ clearance/approval in respect of any proposal directly from the Election Commission?
      Ans. No
      Any proposal from State Govt. for seeking clarification/clearance/approval from the Election Commission should only be routed through Chief Electoral Officer, who will make his recommendation or otherwise in the matter.
      ELECTION CAMPAIGN
       
      Q.54. What are the main guidelines for political parties/candidates while making election campaign?
      Ans.During the election campaign, no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between  different castes and communities, religious or linguistic. Further, criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
       
      Q.55. Are their any restrictions in using religious places for election propaganda?
      Ans. Yes
      Religious places like Temple, Mosque, Church, Gurudwara or other places of worship shall not be used as forum for election propaganda. Further, there shall be no appeal to caste or communal feelings for securing votes.
       
      Q.56. Can a candidate go to the office of Returning Officer for filing a nomination with a procession?
      Ans.No
      The maximum number of vehicles that will be allowed to come within the periphery of 100 mtrs. of Returning Officer’s office has been restricted to 3 and maximum number of persons that will be allowed to enter the office of Returning Officer has been limited to 5 (including the candidate).
       
      Q. 57. How many persons are allowed at the time of scrutiny of nominations by the Returning Officer?
      Ans. The candidate, his election agent, one Proposer and one other person (who can be an advocate) duly authorized in writing by the candidate, but no other person, may attend at the time fixed for scrutiny of nominations by Returning Officer.
      (Refer: Sec. 36 (1) of Representation of People Act, 1951)
       
      Q. 58. Are there any guidelines regarding use of vehicles by ministers/political functionaries/candidates, who have been provided security cover by the State?
      Ans. Yes
      In respect of persons covered by security, the use of State owned one bullet proof vehicle for the particular person (PP) will be permitted in all cases where the security agencies, including the intelligence authorities, have prescribed such use. The use of multiple cars in the name of stand-by should not be permitted unless so specifically prescribed by security authorities. The cost of propulsion of such bullet proof vehicles where such use of bullet proof vehicles is specified will be borne by the particular person. The number of vehicles to accompany the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall not exceed them under any circumstances. The cost of propulsion of all such vehicles, whether owned by Government or hired vehicles, will be met by the State Government.
      The restrictions do not apply to the Prime Minister whose security requirements are governed by the Government’s Blue Book.
       
      Q.59. Whether there is any restriction for plying of vehicles for electioneering purposes?
      Ans.Candidate can ply any number of vehicles (all mechanized/motorized vehicles including two- wheelers ) for the purpose of election campaign but he has to seek prior approval of the Returning Officer for plying such vehicles and must display permit issued by Returning Officer in original (not photocopy) prominently on the windscreen of the Vehicle. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued.
       
      Q. 60. Whether a vehicle for which permission has been taken for election campaign in the name of a candidate, can be used for election campaign by another candidate?
      Ans. No
      Use of such vehicle for election campaign by another candidate shall invite action under section 171H of Indian Penal Code.
       
      Q.61. Can a vehicle be used for electioneering purposes without getting permit from the District Election Officer/Returning Officer?
      Ans. No
      Such vehicle shall be deemed to be unauthorized for campaigning by the candidate and may attract penal provisions of Chapter IX A of the Indian Penal Code and shall therefore be immediately out of the campaigning exercise and shall not be used for further campaign.
       
      Q.62. Whether there is any restriction on use of educational institutions including their grounds (whether Govt. aided, Private or Govt.) for political campaigns and rallies?
      Ans.Use of educational institutions including their grounds (whether Govt. aided, Private or Govt.) for political campaigns and rallies is not allowed.
       
      Q.63. Is external fitting/modification allowed in the vehicles used for campaigning?
      Ans. External modification of vehicles including fitting of loudspeaker thereon, would be subject to the provisions of the Motor Vehicles Act/Rules as well as other Local Act/Rules. Vehicles with modifications and special campaign vehicles like Video Rath etc. can be used only after obtaining the requisite permission from the competent authorities under the Motor Vehicles Act.
       
      Q.64.  Is there any restriction or use of rest houses, dak bungalows or other Govt. accommodation for campaign office or for holding any public meeting for the purpose of election propaganda? 
      Ans.    Yes
      Rest houses, dak bungalows or other Govt. accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to use by other parties and candidates but no party or candidate shall be allowed to use as campaign office.
      Further, it shall be ensured that –
      (i)    no functionary can use the Circuit House, Dak bungalow to set up campaign office as the Circuit Houses/Dak bungalows are only for temporary stay (boarding and lodging) during transit of such functionaries,
      (ii)    even casual meeting by Members of political parties inside the premises of the Government owned guesthouse etc. are not permitted and any violation of this shall be deemed to be a violation of the Model Code of Conduct,
      (iii)    only the vehicle carrying the person allotted accommodation in the guest house and not more than two other vehicles, if used by the person, will be permitted inside the compound of the Guest House,
      (iv)    rooms should not be made available for more than 48 hours to any single individual, and
      (v)    48 hours before the close of poll in any particular area, there will be freeze on such allocations till completion of poll or re-poll.
       
      Q.65. Are there any conditions for getting Govt aircraft/helicopters (including Public Sector Undertakings) by political parties/candidates?
      Ans.Yes
      While allowing the chartering of Govt. aircrafts/helicopters to political parties/candidates or private companies etc., the following conditions should be followed:-
      i    There should be no discrimination between the ruling party on the one hand and the other parties and contesting candidates on the other.
      ii    The payment will be made by the political parties or the contesting candidates and proper record maintained.
      iii    The rates and terms and conditions should be uniform for all.
      iv    The actual allotment should be made on the first-come first-served basis. For this purpose, the date and time of receipt of the application should be noted down by the authorized receiving authority.
      v    In the rare case when both the date and time of two or more applicants is the same, the allotment will be decided by draw of lots.
      vi    No individual, firm, party or candidate will be allowed to charter the aircraft/helicopter for more than three days at a time.

      Q.66. Is there any restriction on displaying poster, placard, banner, flag etc of the party concerned or the candidate on a  public property?
      Ans. Candidate may display poster, placard, banner, flag etc of the party concerned or the candidate on a public property subject to provisions of local law and prohibitory orders in force. For details, refer Commission’s instructions No.3/7/2008/JS-II ,dated 7.10.2008.
      Q.67. If local law/bye-laws permit wall writings and pasting of posters, putting up hoardings, banners etc. on private  premises /properties, is it necessary to obtain prior written permission from the owner of the premises/properties?
      Ans. Yes
      Candidate is required to obtain prior written permission from the owner of the properties/premises and photocopy(ies) of such permission should be submitted within 3 days to the Returning Officer or an officer designated by him for the purpose.
       
      Q. 68. Is there any restriction on displaying/carrying poster/ placard/ banner/flag of the party concerned or of the candidate on the vehicle during the procession?
      Ans. Candidate may display /carry one poster/placard/banner/flag of Candidate’s party/or his own on vehicle during the procession subject to conformity with the provisions of Motor Vehicle Act and any other local laws/bye-laws.

      Q.69.  Whether there is any ban on use of plastic sheets for making use of posters/banners during the election campaign?
      Ans. The political parties and candidates should try to avoid the use of plastic/polythene for preparation of posters, banners etc. in the interest of environmental protection.

       Q.70.  Is there any restriction on the printing of pamphlets, posters etc?
      Ans. Yes
      Candidate shall not print or publish, or cause to be printed or published any election pamphlet or poster which does not bear on its face names and addresses of the printer and the publisher thereof.
      (Refer : Section 127A of Representation of 1951)
       
       Q.71. Whether there is any restriction on air dropping of leaflets/pamphlets by the Political parties/candidates?
      Ans.No
      Provided that all the expenses in this regard have been booked against the election expenses of the candidate, on whose behalf the leaflets/pamphlets are being dropped.
       
      Q.72. Is wearing of special accessories like cap, mask, scarf etc. of a candidate permitted during the campaigning?
      Ans. Yes, provided they are accounted for in the election expenses of the candidate concerned. However supply and distribution of main apparels like saree, shirt, etc. by party/candidate is not permitted as it may amount to bribery of voters.
       
      Q.73. Whether dummy ballot units of EVM can be prepared by the candidate for the purpose of educating the voters?
      Ans. Yes
      The dummy ballot units may be made of wooden, plastic or ply board boxes, half the size of the official ballot units and may be painted  brown , yellow or grey.
       
      Q.74. Whether there is restriction to display to the public any election matter by means of cinematograph, television or other similar apparatus?
      Ans. Yes
      Candidate can not display to the public any election matter by means of cinematograph, television or other similar apparatus during the period of 48 hours ending with the hour fixed for the conclusion of poll.
      (Refer: Sec. 126 of Representation of People Act, 1951)
       
      Q.75. Whether a candidate can print and distribute the diary/calendar/sticker depicting his image or image of Gods/ deities etc.
      Ans. No
      This will amount to bribery under section 171E of Indian Penal Code.
       
      Q.76. Whether distribution of printed “Stepney Covers” or other similar material containing symbol of party/candidate or without depicting it, is a violation?
      Ans. Yes
      In case, it is established that such material have been distributed, a complaint may be filed before the area Magistrate by District Administration against the distribution of the said material under section 171 B of the IPC.
       
      Q.77. Are there conditions/guidelines for setting up and operating of Temporary Offices by Party or candidate?
      Ans.Yes
      Such offices can not be opened by way of any encroachment either on public or private property/ in any religious places or campus of such religious places/ contiguous to any educational institution / hospital / within 200 meters of an existing polling station. Further, such offices can display only one party flag and banner with party symbol/photographs and the size of the banner used in such offices should not exceed ‘4 feet X 8 feet’ subject to the further condition that if the local laws prescribe a lower size for banner / hoarding etc., then the lower size prescribed by local law shall prevail.
       
      Q.78. Is there any restriction on the presence of political functionaries in a constituency after campaign period is over?
      Ans. Yes
      After the closure of campaign period (starting from 48 Hrs. before closure of poll), political functionaries etc. who have come from outside the constituency and who are not voters of the constituency should not continue to remain present in the constituency. Such functionaries should leave the constituency immediately after campaign period is over. This will not apply in the case of candidate or his election agent even if they are not voters in the constituency.

      Q.79. Is such restriction applicable in the case of office bearer of a political party who is in-charge of election in the State?
      Ans.Yes
      However, such restriction is not insisted upon during the general elections to Lok Sabha/State Assembly only in respect of the office bearer who is in-charge of the State during the election period. Such office bearer shall declare his place of stay in the State Headquarters and his movement during the period in question shall remain confined normally between his party office and place of his stay. The above restrictions will be applicable to all other functionaries in all elections.
       
      Q.80. Whether there is any restriction for holding public meeting or taking out processions?
      Ans. Yes.
      Prior written permission should be obtained from the concerned police authorities for holding of a meeting at any public or private place and for taking out processions.
       
      Q.81. Whether loudspeakers can be used for public meetings or for processions or for general propaganda without obtaining permission from Police authorities?
      Ans. No.
      Prior written permission should be obtained from the concerned police authorities for using loudspeakers.
       
       Q.82. Whether there is any time limit for using loudspeakers?
      Ans.  Yes.
      Loudspeaker can not be used at night between 10.00 P.M. and
      6.00 A.M.
      Q.83. What is the deadline after which no public meetings and processions can be taken out? 
      Ans.    Public meetings cannot be held after 10 PM and before 6.00 AM. Further, Candidate can not hold public meetings and processions during the period of 48 hours ending with the hour fixed for the conclusion of poll. Suppose, poll day is 15th July and hours of poll are from 8.00A.M to 5.00 P.M., then the public meetings and processions shall be closed at 5.00 P.M on the 13th July.
      (Refer: Sec. 126 of Representation of People Act, 1951)
       
      Q.84. Whether there are any guidelines for political parties/candidates for issue of unofficial identity slips to voters?
      Ans. Yes.
      The unofficial identity slip, on white paper, shall contain only the particulars of the voter i.e. name, Serial number of voter, part No. in the electoral roll, s.no. and name of Polling Station and date of Poll. It should not contain the name of candidate, his photograph and symbol.
       
      Q.85. Is there any restriction on appointment of a Minister/M.P./M.L.A/M.L.C or any other person who is under security cover as an Election Agent/Polling Agent/Counting Agent?
      Ans. Yes
      A candidate cannot appoint a Minister/M.P./ MLA/MLC or any other person who is under security cover, as an election/polling agent/counting agent, as his personal security shall be jeopardized with such appointment, because his security personnel will not under any circumstances be permitted to accompany him into the 100 meter perimeter of polling stations described as the “Polling Station Neighborhood” and within the polling booth and campus of counting centre and within the counting centre. Also any person having security cover will not be allowed to surrender his security cover to act as such agent of a candidate.
       
      Q.86. Is a candidate allowed to appoint persons as polling agents from anywhere?
      Ans.No
      Such person who is appointed by the candidate as a polling agent must be an ordinarily resident and elector of the concerned polling station area only and not from outside the concered polling area. Such person must also have Elector’s Photo Identity Card.
      However, in the case of polling stations exclusively manned by the women polling personnel, the restriction of resident of same polling area shall not be applied for.
       
       Q.87. Who is the authority to issue permits to Star Campaigners (Leaders) of the Political Parties who avail benefit under Section 77(1) of R.P Act, 1951?
      Ans.In case the mode of road transport is to be availed of by Star Campaigners (Leaders) of political, the permit will be issued centrally by the Chief Electoral Officer. If such party applies for issue of permit for the same vehicle to be used by any leader for election campaigning throughout the State, the same may be issued for such vehicle centrally by the Chief Electoral Officer, which will be prominently displayed on windscreen of such vehicle(s) to be used by concerned leader(s). If different vehicles are to be used by such party leaders in different areas, then the permit can be issued against the name of the person concerned who will display it prominently on the windscreen of the vehicle being used by such leader.
       
       Q.88. Whether Opinion poll or Exit poll can be conducted, published, publicized or disseminated at any time?
      Ans. No
      The result of any opinion poll or exit poll conducted shall not be published, publicized or disseminated in any manner by print, electronic or any other media,  at any time-
      (a)    during the period of 48 hours ending with the hour fixed for closing of poll in an election held in a single phase; and
      (b)    in a multi-phased election, and in the case of elections in difference States announced simultaneously, at any time during the period starting from 48 hours before the hour fixed for closing of poll in the first phase of the election and till the poll is concluded in all the phases in all States.
       
      Q.89. Whether there is any restriction for transmitting Short Messages Service ( SMSs )?
      Ans.Yes
      Transmitting objectionable messages on SMSs during election is prohibited. For objectionable SMSs which may violate the law and ECI instructions issued in this behalf, the police authorities shall advertise special mobile numbers on which the receiver of such SMS can forward the said SMS with the mobile number of sender. The police authorities shall take action under the law.
      POLL DAY
       
      Q.90. Are there any guidelines for setting up of election booth by candidate/political parties near polling station on the day of poll ?
      Ans. Election booth can be set up beyond a distance of 200 meters from the polling stations, only with 1 table and 2 chairs with an umbrella or a piece of tarpaulin or cloth to protect the two occupants. Only one banner (3 x 41/2 feet) can be displayed showing the name of the candidate/ party / election symbol at the booth. However, two election booths can be set up, if more than two polling stations have been set up in a building

       Q.91. Is it necessary to obtain written permission of the concerned Government authorities or local authorities for setting up of election booth?
      Ans. Yes
      It is necessary to obtain the written permission of the Government authorities concerned or local authorities before setting up of such booths. Written permission must be available with the persons manning the booth for production before the police /election authorities concerned on demand.
       
      Q.92. Is there any restriction of canvassing  in  or near  polling station?
      Ans. Yes
      Canvassing   for   votes  etc .   within  a distance of one  hundred meters of polling station is prohibited on the day of poll.
      ( Refer : Section 130 of Representation of 1951)
       
      Q.93. Whether the use of mobile phone is allowed in the polling station?
      Ans. No person is allowed to either carry or use mobile phones, cordless phones, wireless sets etc. in 100 meter perimeter of the polling stations described as the “polling station neighborhood” and within the polling booth.
      Only Observer/Micro Observer, Presiding Officer and security personnel are allowed to carry mobile phone but they will keep their mobile phones in silent mode.
       
      Q.94. Is there any restriction of going armed to or near polling station?
      Ans. Yes
      No person is allowed to go armed with arms as defined in Arms Act 1959 of any kind within the neighborhood of a polling station on the day of poll.
      (Refer: Section 134B of Representation of 1951)
       
      Q.95. How many vehicles a candidate is entitled for on the day of poll ?
      Ans.(i)    For an election to the House of the People, a candidate will be entitled to:
                     (a)    One vehicle for candidate’s own use in respect of the entire constituency. One vehicle for use of candidate’s election agent for entire constituency.
                     (b)    In addition, one vehicle for use of candidate’s workers or party workers, as the case may be, in each of the assembly segments comprised in the Parliamentary Constituency.
      (ii)    For  an  election  to  the  State  Legislaitve  Assembly,  a candidate will be entitled to:
                     (a)    One vehicle for candidate’s own use
                     (b)    One vehicle for use of candidate’s election agent
                     (c)    In addition, one vehicle for use of candidate’s workers or party workers.
       
      Q.96. If the candidate is absent from the constituency on the day of poll, can the vehicle allotted in his name be used by any other person?
      Ans. No
      Vehicle allotted for candidate’s use is not allowed to be used by any other person.
       
      Q.97. Can any type of entitled vehicle be used on the day of poll ?
      Ans. No
      The candidate or his agent or party workers or workers will be allowed to use only four/three/two wheeler vehicles i.e. cars (of all types), taxis, auto rickshaws, rickshaws and two wheelers . In these vehicles not more than five persons including drivers are allowed to move on the day of poll.
       
      Q.98. Whether Political Party/Candidate can make arrangements for transporting voter to and from Polling Station?
      Ans. No.
      Any arrangement, direct or indirect, to carry any voter to or from polling station by any kind of vehicle used for transport is a criminal offence .
      (Refer: Sec. 133 of Representation of People Act, 1951)
       
      Q.99. Whether there are restrictions on plying of Govt./private vehicles on the poll day?
      Ans.No
      Public transport like buses, minibuses are allowed to ply but it should be ensured that they are not used clandestinely for the conveyance of voters. Further, private cars, taxies carrying passengers to places other than polling booths like hospitals, airports, railway stations, bus stands, friends and relations houses, clubs, and restaurants will be allowed on the road. But they should not be allowed to come clandestinely near the polling areas for the conveyance of voters.

      Q.100. Can a leader of Political party use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the day of poll and counting?
      Ans. No
      Leader of a political party is not allowed to use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the day of poll and counting.
       

    • Service Electors

      By ECI, in Service Voter,

      Q.1 Who is a service voter ?
      Ans. Service voter is a voter having service qualification. According to the provisions of sub – section (8) of Section 20 of Representation of People Act, 1950, service qualification means –
      (a)    Being a member of the armed Forces of the Union ; or
      (b)    Being a member of a force to which provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modification ;
      (c)    Being a member of an Armed Police Force of a State, and serving outside that state; or
      (d)    Being a person who is employed under the Government of India, in a post outside India.
      Q. 2 What is the relevant date for revision of electoral roll ?
      Ans. The relevant date for revision of electoral roll is 1st January of the year in which the roll is finally published.
      Q. 3 How is a service voter different from an ordinary elector?
      Ans. While an ordinary elector is registered in the electoral roll of the constituency in which his place of ordinary residence is located, person having service qualification can get enrolled as ‘service voter’ at his native place even though he actually may be residing at a different place (of posting). He has, however, an option to get himself enrolled as general elector at the place of his posting where he factually, at the point of time, is residing ordinarily with his family for a sufficient span of time.
      Q.4 What are the application Forms in which various categories of service voters have to apply for enrollment as elector ?
      Ans. Following are the application Forms in which various categories of service voters are to make application for enrollment as service voter : -
      Members of Armed Forces  – Form 2 Members of Armed Police Force of a State, serving outside that State – Form 2 A  Persons employed under Government of India on post outside India  – Form 3
      However, if a service personnel has opted to get himself enrolled as general elector at place of his posting, where he is actually residing, he will have to apply in Form 6 like other general electors.
      Q.5 Are members of all Armed Forces / Para Military Forces eligible to be enrolled as service voters?
      Ans. As per the existing arrangements, members of Indian Army, Navy and Air Force and personnel of General Reserve Engineer Force (Border Road Organization), Border Security Force, Indo Tibetan Border Police, Assam Rifles, National Security Guards, Central Reserve Police Force, Central Industrial Security Force and Sashastra Seema Bal are eligible to be registered as service voters.
      Q.6 From where Form 2 / 2 A / 3 can be obtained?
      Ans. It can be downloaded from the website of Election Commission of India.
      Q.7 What is the process of enrollment of a service personnel as a service voter ?
      Ans.  Election Commission orders revision / updation of rolls for service voters twice in a year. The Commission sends a communication to Ministry of Defence, Ministry of Home Affairs and Ministry of External Affairs intimating them of the commencement of revision programme. As soon as the programme is announced, persons having service qualification can fill up the application in statutory Form 2 / 2A / 3, in duplicate, and handover to the officer in-charge of record office or the nodal authority in Ministry of External Affairs (in case of persons employed under Government of India on a post outside India). The person applying in Form 2 / 2A has also to submit a declaration in a prescribed format to the effect that he did not get enrolled as general elector in any constituency.  The declaration need not be in duplicate.  The officer in-charge / nodal authority will check the Form and declaration and ensure that the Form is complete in all respects and particulars filled by the applicant therein are correct. The officer in-charge, will then, sign the verification certificate provided in the Form itself and forward the same to the Chief Electoral Officer of the State concerned. The Chief Electoral Officer sends the Form to respective District Election Officer who will then send  it  to  the  Electoral  Registration  Officer  of  the  constituency. The  Electoral Registration Officer will process the Form.
      Q.8 Is wife or son/daughter of a service voter also enrolled as a service voter ?
      Ans. The wife of a service voter shall, if she is ordinarily residing with him, be also deemed to be a service voter in the constituency specified by that person. The service voter has to make a statement to the effect in the relevant Form 2/2A/3 that his wife ordinarily resides with him. The wife will be enrolled as a service voter on the basis of declaration made by her husband in the application form itself submitted by him and no separate declaration / application is required to be made by the wife. A son / daughter / relative / servant etc. residing ordinarily with a service voter cannot be enrolled as service voter.
      Q.9  Is facility of enrollment as a service voter available to the husband of a female service voter ?
      Ans. Under the existing law, this facility is available only to the wife of a male service voter and is not available to the husband of a female service voter.
      Q.10  Can one be enrolled simultaneously as a service voter at his native place as well as a general voter at the place of posting ?
      Ans. No. A person, at a particular time, cannot be enrolled as a voter at more than one place in view of the provisions contained under Sections 17 and 18 of Representation of People Act, 1950. Likewise, no person can be enrolled as an elector more than once in any electoral roll. As explained above, a service voter has option either to get himself registered as service voter at his native place or as general elector at the place of posting. When a person applies for registration as a service voter in Form 2 / 2A, he has to submit a declaration in a prescribed format to the effect that he did not get enrolled as ordinary general elector in any constituency.
      Q.11 Who is a Classified Service Voter?
      Ans. Service voter belonging to Armed Forces or forces to which provisions of Army Act, 1950 are applicable, has 0ption of either voting through postal ballot or through a proxy voter duly appointed by him. A service voter who opts for voting through a proxy is called Classified Service Voter (CSV).
      Q.12 Who is a ‘ proxy ’ ?
      Ans. A service voter may appoint (by applying to Returning Officer in Form 13 F of Conduct of Elections Rules, 1961 – Form available at the website of Election Commission) any person as his / her proxy to give vote on his / her behalf and in his / her name at the polling station. The proxy shall have to be ordinary resident of that constituency. He need not be a registered voter but he / she must not be disqualified to be registered as a voter.
      Q.13 What is the procedure of appointment of a ‘proxy’ ?
      Ans. A ‘proxy’ can be appointed in the following two ways :-
       If a service voter is at the place of his posting, he has to put his signature in Form 13F before the Commanding Officer of the Unit and then to send the Form to his proxy for affixing his / her signature before a Notary / First Class Magistrate. Thereafter, the proxy can submit the Form to the Returning Officer concerned.  If a service voter is at his native place,  both  he  and  his  proxy  can  sign Form 13 F before a Notary / First Class Magistrate and then send to the Returning Officer concerned.
        Q. 14 For what period a proxy remains valid?
      Ans. The provision for voting through proxy is valid till the person making the appointment  is  a  service  voter.    Once  appointed,  the  proxy  will  continue  until  his appointment is revoked by the service voter. The facility of proxy voter can be revoked and the proxy can be changed at any time or for any number of times by the Classified Service Voter. Thus a Classified Service Voter can revoke and opt back for postal ballot route or even substitute the proxy by intimating the Returning Officer in Form 13 G of Conduct of Elections Rules, 1961 (Form available at the website of Election Commission). Revocation will become effective from the date it is received by the Returning Officer.
      Q.15 When should the application for appointment of a proxy be made?
      Ans. Application for appointment of a proxy should be received by the Returning Officer before the last date of filing of nomination papers. An application for appointment of a proxy received after the last date of filing nomination papers cannot be considered for the election in progress, though it will be valid for subsequent elections unless revoked / changed.
      Q.16 How does a ‘proxy’ record the vote on behalf of the service voter at the polling station ?
      Ans.  The proxy can record the vote on behalf of the service voter at the polling station to which service voter is assigned, in the same manner as any other elector assigned to that polling station. The proxy will be entitled to vote on behalf of the service voter, in addition to the vote that he / she may cast in his / her own name if he/she is a registered elector in the constituency, at the polling station to which he / she has been normally assigned.
      Q .17 Can a Classified Service Voter be issued postal ballots by the Returning Officer ?
      Ans. A Classified Service Voter cannot be issued postal ballots but the appointed proxy shall physically come and vote at the polling station which covers the classified voter’s home address.
      Q. 18 What is the structure of list of service voters in the electoral roll ?
      Ans. While the list of classified service voter shall be maintained polling station wise, the list of other service voters is prepared separately for a constituency as a whole and all service voters registered therein shall be arranged at the end of electoral roll of a constituency as a separate last part. All service voters belonging to a constituency shall be listed together, irrespective of the place of residence, in this last part. These service voters do not have any specified polling station. The last part meant for service voters has three subparts – ‘A’ (For Armed Forces), ‘B’ (Armed Police Force of States serving outside the respective State) and ‘C’ (For persons employed under Government of India against a post outside India).
      Q.19 How many times the last part of electoral roll for service voters is updated in a year?
      Ans. The last part of electoral roll / list of service voters is updated twice and 2 supplements are brought out in a year.
      Q.20 In which language the last part of rolls is prepared for service voters ?  
      Ans. The last part containing the list of service voter is prepared in English only.
      Q.21 Is a service voter issued Elector Photo Identity Card (EPIC) like ordinary electors?
      Ans. A service voter is not issued Elector Photo Identity Card (EPIC). Elector Photo Identity Card (EPIC) is a document of identity which an elector has to show at the polling station at the time of casting his vote. As service voters are issued postal ballots or votes through his ‘proxy’, they are not required to visit the polling stations personally and therefore Elector Photo Identity Cards (EPICs) is not issued to them.
      Q.22 Is a service voter required to apply for issue of a postal ballot paper?
      Ans. No; the Returning Officer will himself send a postal ballot paper to him through his record office (or direct or through the Ministry of External Affairs in the case of a service voter serving outside India).
       

    • What are the main categories of electors in India?
      Ans.- There are 3 categories of electors in India: –
      (i)    General electors,
      (ii)    Oversees   (NRI)   electors    -    (   Kindly   refer   to   ‘Frequently   Asked Questions – Overseas Electors’),
      (iii)    Service Electors - (Kindly refer to ‘Frequently Asked Questions – Service Electors’).
      Q2. Who is eligible to be registered as a general elector?
      Ans. Every Indian citizen who has attained the age of 18 years on the qualifying date i.e. first day of January of the year of revision of electoral roll, unless otherwise disqualified, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
      Q3. What is the relevant date for determining the age of 18 years? Can I get myself registered as a voter on the day when I have completed 18 years of age?
      Ans.- According to Section 14 (b) of the Representation of People Act, 1950 the relevant date (qualifying date) for determining the age of an applicant is the first day of January of the year in which the electoral roll after revision is finally published. For example, if you have completed or are completing 18 years of age on any date from and after 2nd January 2013 but upto to 1st January 2014, you will be eligible for registration as a voter in the elector roll going to be finally published in January, 2014.
      Q4. Can a non-citizen of India become a voter in the electoral rolls in India?
      Ans.- No.  A person who is not a citizen of India is not eligible for registration as a voter in the electoral rolls in India. Even those who have ceased to be citizens of India on acquiring the citizenship of another country are not eligible to be enrolled in the electoral rolls in India.
      Q5. Can a non-resident Indian settled in foreign land become an elector of electoral roll in India?
      Ans. Yes. According to the provisions of Sec 20A of the Representation of People Act, 1950 by the Representation of the People (Amendment) Act, 2010, a person who is a citizen of India and who has not acquired the citizenship of any other country and is otherwise eligible to be registered as a voter and who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise is eligible to be registered as a voter in the constituency in which his place of residence in India as mentioned in his passport is located.
      (For more information, please refer to ‘Frequently Asked Questions – Overseas Electors’)
      Q6. How can one get registered / enrolled in the electoral roll?
      Ans. One has to file the application for the purpose, in prescribed Form 6, before the Electoral Registration Officer / Assistant Electoral Registration Officer of the constituency within which the place of ordinary residence of the applicant falls. The application accompanied by copies of the relevant documents can be filed in person before the concerned Electoral Registration Officer / Assistant Electoral Registration Officer or sent by post addressed to him or can be handed over to the Booth Level Officer of your polling area, or can even be filed online on website of Chief Electoral Officer of the concerned state or website of Election Commission of India. While filing Form 6 on line, the copies of necessary documents should also be uploaded.
      Q7. From where Form 6 can be obtained ?
      Ans. It can be downloaded from the website of Election Commission of India. Form 6 is also available free of cost in offices of Electoral Registration Officers / Assistant Electoral Registration Officers and Booth Level Officers of the concerned polling station areas.
       
      Q8. What documents are required to be enclosed with Form 6?
      Ans. One recent passport size coloured photograph, duly affixed in the box given for the purpose in Form 6 and photo-copies of documentary proof of age and residence are required to be enclosed with Form 6. The list of documentary proof of age  and residence which can be enclosed with Form 6 is given in the guidelines enclosed with Form 6. For filling up Form 6, the said guidelines enclosed therewith may be referred to.

      Q9. I do not have a ration card.  Can I get enrolled without a ration card ?  What are the other documents which I can show as a proof of my residence ?
      Ans. If an applicant does not have a ration card, he can submit any other proof of residence, listed in the guidelines enclosed with Form 6.

      Q10. Is a documentary proof of age required in cases where age of the applicant is more than 21 years?
      Ans. Documentary proof of age is required only in those cases, where age of the applicant is between 18 and 21 years. In all other cases, declaration of his age by the applicant will be taken as proof of age.
      Q11. An applicant who is of 18-21 years of age doesn’t have any of the documentary proof of age / date of birth. What paper he is required to attach with his application form for registration as an elector?
      Ans.  In case none of the documents specified by the Commission in the said guidelines is available with an applicant who is of 18-21 years of age, a declaration in prescribed format given in Annexure  – I (enclosed with the Guidelines attached with Form 6 available on the website of Election Commission) made by either of the parents of the applicant (or by guru in case of an elector in transsexual (‘others’) category) can be given. In those cases where parental declaration is given as proof of age, the applicant will have to present himself for verification before Booth Level Officer /Assistant Electoral Registration Officer / Electoral Registration Officer. Further, if none of the above documents is available and neither of the parents is alive, the applicant can attach a certificate of his age given by a sarpanch of the concerned Gram Panchayat or by a member of the concerned Municipal Corporation / Municipal Committee/Legislative Assembly/Parliament.
      Q12. I am a student staying at the place of study in a hostel / mess far from my native place. I want to get myself registered at my present address of residence. What should I do ?
      Ans.  In case of a student residing at the place of study, in hostel or mess managed by the educational institutions or elsewhere will have the option to get himself / herself registered as elector at his / her native place with his / her parents or at the address of hostel / mess where he / she is resident for the time being for pursuing his / her studies. The course pursued by the said students should be recognized by Central / State Governments / Boards / Universities / Deemed Universities and such courses should be of not less than 1 year’s duration. Such student who wants to enroll himself / herself at the hostel / mess will have to attach a bonafide certificate (as per the specimen at Annexure II of Guidelines attached to Form 6 available on the website of Election Commission) from the Headmaster / Principal / Director / Registrar / Dean of his/her educational institution with Form 6.

      Q13. A homeless person, who is otherwise eligible for registration as an elector, does not possess documentary proof of ordinary residence. What is the procedure of verification in such case?
      Ans. In case of homeless persons, the Booth Level Officer will visit the address given in Form 6 at night to ascertain that the homeless person actually sleeps at the place which is given as his address in Form 6. If the Booth Level Officer is able to verify that the homeless person actually sleeps at that place, no documentary proof of place of residence shall be necessary. Booth Level Officer must visit for more than one night for such verification.
      Q 14. I am a tenant and my landlord does not want me to get enrolled. How can I get enrolled as a voter?
      Ans.- To get enrolled in the voter list is your statutory right. Please check the electoral roll of your area available on website of Election Commission / Chief Electoral Officer of the state / in office of Electoral Registration Officer / Assistant Electoral Registration Officer. If your name is not included in the roll, please fill up Form 6 and deposit it with the Electoral Registration Officer / Assistant Electoral Registration Officer / Booth Level Officer.
      Q15. Who is competent to verify claim applications and objections?
      Ans. The Electoral Registration Officer/Assistant Electoral Registration Officer of the concerned constituency.
      Q16. Where the postal address of the Electoral Registration Officers can be obtained from ?
      Ans.- Postal addresses of all Electoral Registration Officers are available on the website of Election Commission of India / Chief Electoral Officers of respective State / Union Territory (link to which has been provided on the Election Commission of India website).
      Q17. If I apply on line, whether I need to send to the Electoral Registration Officer’s address, signed copy of the Form 6 along with required documents.
      Ans.- As soon as the Electoral Registration Officer / Assistant Electoral Registration Officer receives Form 6 filed on line, he downloads the form along with enclosure and deputes Booth Level Officer to visit your residence to verify and obtain your original signature on the application form.
      Q18. Where will be the notice of hearing sent by Electoral Registration Officer?
      Ans. The Electoral Registration Officer will send notice at the address of applicant in the country of his current residence, as informed by him and it will be considered as due service of notice to the applicant.
      Q19. Is personal appearance of applicant or hearing parties necessary? If yes, how will the hearing be conducted?
      Ans. Normally, personal appearance or hearing is not necessary. On receipt of Form 6, the Electoral Registration Officer shall display a copy of the said form on his notice board inviting objections, if any, within a week period.    The Electoral Registration Officer may also ask the concerned Booth Level Officer to visit the residence of the applicant and verify with him / her, relatives or the neighbours, if any, the information provided by the applicant.
      If Form 6 is complete in all respects and copies of all relevant documents enclosed and no person has objected within the stipulated period of one week the Electoral Registration Officer / Assistant Electoral Registration Officer can order inclusion of name in the electoral roll after such verification by the Booth Level Officer as considered necessary.
      In case there is an objection to the claim in From 6 for inclusion of name, the Electoral Registration Officer / Assistant Electoral Registration Officer hears the applicant and the objector in respect of the objection raised.
      Q20. Where can the list of claims and objections be seen?
      Ans. It can be seen on the website of the Chief Electoral Officer of the State concerned. It also can be seen on the notice board at the office of the Electoral Registration Officer.
      Q21. How will an applicant know that his/her name is included in the electoral roll?
      Ans.- The decision of the Electoral Registration Officer will be communicated to the applicant by post on his address given by him in Form 6 and also by SMS on the mobile number given by him in Form 6. Electoral rolls are also available on the website of the Chief Electoral Officer of the State concerned and can be seen by anybody.
      Q22. How can corrections be made if there are some mistakes in the entries in the electoral roll pertaining to electors?
      Ans. For correction of mistakes in electoral rolls, an application in Form 8 is to be submitted to the Electoral Registration Officer concerned.
       
      Q23. I have shifted from my residence where I am registered an elector to some other place. How do I ensure that I am enrolled in my new place of residence?
      Ans. In case the new residence is in the same constituency, please fill Form 8A, otherwise fill up Form 6 and submit to the Electoral Registration Officer / Assistant Electoral Registration Officer of the area of your new residence.
      Q24. I have shifted my residence recently. I have Electors Photo Identity Card (EPIC) with the old address. Can I get new EPIC for the present address?
      Ans. First of all, you have to ensure that you are enrolled in the electoral roll of the concerned Assembly Constituency in which your new address is located. Though, it is not necessary to get your new address changed in EPIC, however, if you want to change address in EPIC, that can be done by making an application with a charge of Rs. 25 to Electoral Registration Officer of the new constituency. The Electoral  Registration Officer will issue an EPIC with new address though the number of EPIC will be the same as that of the old EPIC.
      Q25. My EPIC has some errors. What is the procedure to have a new EPIC with correct particulars?
      Ans. You can make an application in Form 8 for rectification of the errors in your EPIC. The Electoral Registration Officer will issue a new EPIC, with the same number, after making the necessary corrections.
      Q26. I have lost my old EPIC. How can I get a new EPIC ?
      Ans. A replacement EPIC can be issued to an elector on payment of a fee of Rs. 25, alongwith a copy of the complaint lodged with the Police amount the loss of EPIC. However, no fee will be charged if the EPIC has been lost for reason beyond the control of the elector like flood, fire, other natural disaster etc.
       
      Q27. Who can object to the inclusion of names in electoral rolls?
      Ans. Any person who is a voter in the concerned constituency may object to the inclusion of names in electoral roll on the ground that the person whose names is included or is proposed to be included is not eligible to be registered as a voter in that constituency. An objection can be made in Form 7 to the concerned Electoral Registration Officer along with the relevant proof.
      Q28. My neighbour / relative has shifted his residence to a new place but his name still continues in the electoral roll. In which Form the application for deletion of his name from the electoral roll can be made?
      Ans.- For deletion of name of a shifted / dead / absentee elector from the electoral roll application can be made in Form 7. For deletion of a duplicate entry also, application should be made in Form 7.
      Q.29    When can one get registered in electoral roll. Is enrollment is on throughout the year.
      Ans. The Election Commission normally orders revision of existing electoral roll every year sometime in the months of September to October and such revised rolls are finally published in first week of January of the coming year. One can submit claim application (Form 6) during period for lodging claims and objections to Electoral Registration Officer or an officer designated to receive such applications, i.e., Designated Officer. Even after final publication, the rolls are updated continuously and one can get registered anytime during the  continuous updation by filing  a claim application  to Electoral Registration Officer / Assistant Electoral Registration Officer.
      Q.30    Can one be enrolled at more than one place? If I am working / residing in Delhi, can I be an elector in my native place in Uttarakhand?
      Ans. No. A person cannot be enrolled as a voter at more than one place in view of the provisions contained in Sections 17 and 18 of Representation of People Act, 1950. Likewise, no person can be enrolled as an elector more than once in any electoral roll. Any person while applying for fresh enrolment, makes a statement or declaration whether  his  /  her  name  is  already  included  in  the  electoral  roll  of  any  other constituency, and if such statement/declaration is false and which the applicant either knows or believes to be false or does not believe to be true, he is liable to be punished under section 31 of the Representation of the People Act, 1950.
      Q.31    If I have a complaint against the order of Electoral Registration Officer, to whom I should make an appeal?
      Ans. During the period of revision, you can file an appeal to the District Election Officer. In the case of application during the process of continuous updation,  such  appeal against any order of Electoral Registration Officer will lie before the District Magistrate
      / Additional DM / Executive Magistrate / District Collector of the District concerned. A further appeal against the order of Appellate Authority will lie before the Chief Electoral Officer of the State.
       

    • 1)    What can be the maximum number of members of Rajya Sabha?
      Ans. 250
      The maximum number of members of Rajya Sabha can be 250. Article 80 of the Constitution of India provides that 12 members are to be nominated by the President of India and not more than 238 representatives from the States to be elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote. (Article 80 of the Constitution).
      2)    What is the present strength of Rajya Sabha?
      Ans. 245 Members.
      12 are nominated and 233 are elected.

      3)    What is the life of Rajya Sabha?
      Ans.Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83
      (1) of the Constitution of India. But as nearly as possible, one third of its members shall retire every 2nd year and an equal number of members are chosen to replace them.
      4)    Who elects the members of the Rajya Sabha?
      Ans.Elected members of the State Legislative Assemblies. Here the word ‘State’ includes Puducherry and National Capital Territory of Delhi also.
      Article 80(4) of Constitution of India provides that members of Rajya Sabha  shall be elected by the elected members of State Legislative Assemblies through the system of proportional representation by means of the single transferable vote.
      5)    Who nominates the members of the Rajya Sabha?
      Ans. President of India
      The President of India nominates 12 members of Rajya Sabha as mentioned earlier.

      6). Is there any special qualification for nominated members?
       Ans. Yes
      Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service.
      Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age.

      7). How many no. of Proposers are required to subscribe a Nomination in election to Council of States?
      Ans: - In the case of candidates set up by recognized parties, each nomination of a candidate for election to the Council of States or State Legislative Council shall be subscribed by at least ten per cent of the elected members of the Legislative Assembly concerned or ten members, whichever is less, as proposers. In case of other candidates, by ten elected members of the Legislative Assembly.
      8). How many sets of nomination paper a candidate can file?
      Ans: - Four
      Under sub-section (6) of section 33 of the Representation of the People Act, 1951, read with sub-section (2) g Section 39, a maximum of four nomination papers only, can be presented by or on behalf of any candidate or accepted for election in the same Constituency.
      9). Who can present the nomination paper to the Returning Officer?
      Ans:- Nomination paper to be presented either by candidate or by any of his proposers.

      10). What is the amount of security deposit for contesting Rajya Sabha election?
      Ans:Every candidate at an election to the Council of States or a State Legislative Council is required to make a deposit of Rs. 10,000/- (Section 34 read with section 39 (2) of the Representation of the People Act, 1951) as amended by the Representation of the People (Amendment) Act, 2009 (come into force from 1st February, 2010). The  amount of deposit shall be Rs. 5,000/- only, if he/she is a member of a Scheduled Castes or Scheduled Tribes.
       
      11). Whether an elected member of the Legislative Assembly/Union Territory is entitled to participate as an elector at an election to the Council of States or State Legislative Council, even before he has assumed his seat in the legislative assembly and has yet to make and subscribe the requisite oath or affirmation as a member of the assembly under the Constitution? Can Such members be proposers for nomination?
      Ans: Yes.
      This question arose in Pashupati Nath Sukul Vs Nem Chand Jain (AIR 1984 SC 399). The Supreme Court held that the members of the newly elected legislative assembly became members of that assembly as soon as the assembly was constituted by the Election Commission by its notification under Section 73 of the RP Act 1951, and such members could participate in all non-legislative activities, including the election to the Council of States, even before taking their seats in the assembly.
      This view was reaffirmed by the Supreme Court by its order of 6 January, 1997 [Madhukar Jetly Vs Union of India and Ors-1997(II)SCC III].
      Such member can also act as proposers for nomination of candidates.

      12). Whether the provisions of the Tenth Schedule to the Constitution relating to disqualifications on the ground of defection are applicable to open voting at elections to Council of States?
      Ans:No.
      The Supreme Court in its judgment dated 22 August 2006 in the matter of Kuldip Nayar Vs Union of India and Ors (AIR 2006 SC3127) observed that ‘The contention that the right of expression of the voter at an election for the Council of States is affected by open ballot in not tenable, as an elected MLA would not face any disqualification from the Membership of the House for voting in a particular manner. He may at the most attract action from the political party to which he belongs.’
      13). Whether an elected member of a state legislative assembly, whose election has been set aside by the High Court in an election petition, but in whose favour a conditional stay has been granted by the Supreme Court during the pendency of his appeal, permitting the member concerned to sign the assembly’s attendance register but not permitting him to take part in the proceedings of the House, can vote at the elections to the Council of States or the State Legislative Council?
      Ans: No.
      The Supreme Court clarified their order of 27 October 1967 (Satyanarayana Mitra Vs Bireswar Ghose Appeal No. 1408 (NCE) of 1967) that the member concerned should not be allowed to participate in the election to the Council of States. Thereafter as a rule, no such member of any State Legislative Assembly has been permitted to either propose the name of any candidate or to vote at any election to the Council of States or State Legislative Council.
      14)    Whether an elected member of a state legislative assembly, whose election has been set aside by High Court on an election petition, but the Supreme Court grants an absolute stay of the High Court’s order, can vote at the elections to the Council of States or State Legislative Council?
      Ans:Yes. In such case the order of the High Court shall be deemed never to have taken effect under Section 116B(3) of the RP Act, 1951, and the member concerned shall continue to enjoy all rights and privileges of a member of the legislative assembly without any fetters, including his right to participate in election to the Council of States or State Legislative Council.
      15)    If a biennial election is not held in due time due to non-existence of the state legislative assembly concerned at the relevant  time and  the resultant vacancies remain unfilled for a long time during which some other regular vacancies also arise, can the vacancies so arising be combined for a common election or the vacancies arising on each separate occasion (categories) have to be filled by separate elections, even if a common time table for such elections is adopted on the constitution of the assembly concerned?
      Ans: The regular vacancies that arose from different categories/cycles (determined at the time of initial constitution of the Councils) cannot be combined and vacancies arising on separate occasion have to be filled by separate elections, even if a common time table for such elections is adopted.
      [Surinder Pal Ratawal Vs Shamim Ahmed AIR 1985 Del 22 & A K Walia Vs Union of India and Ors Civil Writ No. 132 of 1994 before Delhi High Court].
       
      16)    Can the oath or affirmation be made and subscribed on the day of scrutiny of nomination papers at that election.
      Ans:- No, The oath or affirmation should be made and subscribed before the date fixed by the Election Commission for scrutiny of nomination papers at that election. The decisions of the Supreme Court in PasupatiNathsingh vs. Harihar Prasad Singh (A.I.R. 1968 S.C.- 1064) and Khadar Khan Hussain Khan and other vs. Nijalingapppa [(1970) (1) S.C.A-548] have clarified the position and removed all doubts in regard to actual making and subscribing the oath or affirmation.
      According to these judgments, the oath or affirmation can be made and subscribed by a candidate only after his nomination paper is delivered and it cannot be so made and subscribed on the date of scrutiny. It has to be made before the date fixed for scrutiny.
      17)    Whether same proposer can propose the nomination of more than one candidate?
      Ans:Yes. There is no bar under the law against an elector proposing the nomination of more than one candidate. Thus, an elector subscribing as proposer for the nomination of one candidate may so subscribe the nominations of one or more other candidates also (Amolak Chand Vs Raghuveer Singh AIR 1968 SC 1203).
      Even a candidate himself may propose the nomination of another candidate for the same election.
      18)    Who can present the nomination paper of a candidate?
      Ans: A nomination paper shall be presented to the returning officer or the authorised assistant returning officer either by the candidate himself in person or by any of his proposers [s 33(1) read with Section 39(2), 1951 Act]. It cannot be presented by any other person, even if authorised in writing by the candidate or the proposer.
      19)    Whether nomination paper can be sent by post or through any other means of communication, like fax or e-mail?
      Ans: No. Nomination cannot be sent by post or through any other means of communication, like fax or e-mail [see Hari Vishnu Kamath Vs Gopal Swarup Pathak 48 ELR 1]
       
      20)    Whether the notice of withdrawal of candidature can be revoked?
      Ans: No. Once a candidate has given notice of withdrawal of candidature in the prescribed manner, he has no option or discretion thereafter to withdraw or cancel his said notice [s 37(2) read with Section 39(2) of RP Act 1951].
      21)    How many affidavits, a candidate has to file with his nomination papers?
      Ans. Two affidavits one in Form 26 and additional affidavit as per the form prescribed by the Commission vide its Order No. 509/11/2004-JS.I dated 03.02.2016, regarding dues against Government accommodation.
      22)    Whether the nomination paper is valid, if any of the columns of Affidavit (Form-26) is left unfilled?
      Ans:The Hon’ble Supreme Court in its judgment dated 13/9/2013 in WP(C) No. 121 of 2008 (Resurgence India Vs. Election Commission of India and Ors) has held that in the affidavits filed by candidates along with their nomination paper, the candidates are required to fill up all columns therein and no column can be left blank. Therefore, at the time of filing of affidavit, RO has to check whether all columns of the affidavit filed with the nomination paper are filled up. If not, the RO shall give a notice to the candidate to submit a fresh affidavit with all columns duly filled in. The Hon’ble Court has held that if there is no information to be furnished against any item, appropriate remarks such as ‘NIL’ or ‘Not Applicable’ etc as may be applicable shall be indicated in such column. They should not leave any column blank. If a candidate fails to fill the blanks even after notice from R.O., the nomination paper will be liable to be rejected by the RO at the time of scrutiny of nomination papers.
      23)    Whether nomination paper of any candidate can be rejected if the information given therein is incorrect?
      Ans: No, giving wrong information in nomination form is not the criterion for rejection of nomination papers. The Returning Officer can reject the nomination papers as per the provisions contained in Section 36 of the Representation of the People Act, 1951.
      24)    Then what is the penalty a candidate faces for filing a wrong affidavit? 
      Ans: If a candidate files false declaration or conceals information in affidavit in FORM 26, then he is punishable with imprisonment for a term which may extend to six months, or with fine, or with both under Section 26 of the Representation of the People Act, 1951. In this case as per the Commission’s instruction dated 26.04.2014, the complainant can move before appropriate Court of Law for action under Section 125A of the Representation of the People Act, 1951 directly.
      25)    What is the outer time limit for filing the various documents required to be filed in connection with nomination paper?
      Ans: (a) The affidavit in Form 26, the additional affidavit and Forms AA & BB have to be filed latest by 3.00 P.M. on the last date of filing nominations. Revised affidavit may be filed upto the time fixed for scrutiny of nominations, if the candidate has left any column blank in the original affidavit and the Returning Officer has given notice for filing fresh and complete affidavit.
      (b)    Oath has to be taken after filing nomination paper and before the date fixed for scrutiny.
      (c)    Certified extract of electoral roll can be filled up to the time of scrutiny.

      26)    Whether Form AA and Form BB can be sent by Fax or photocopy of the same can be submitted?
      Ans:No.

      27)    Whether Form AA and Form BB can be submitted after 3.00 pm on the last date of filing nominations?
      Ans: No.

      28)    How does open ballot system work?
      Ans: Open ballot voting applies in election to Council of States only. Every political party which has its member(s) as MLAs can appoint an authorized agent to verify as to whom its members have voted. The authorized agent will be seated inside the polling station in seats provided by the R.O. In case of MLAs who are members of political parties, after they mark the vote and before inserting the ballot box, are required to show the marked ballot paper to the authorized agent of their party.
       
      29)    Whether an authorized agent of a party at elections to Council of States can be the authorized agent of another party simultaneously?
      Ans: No. The spirit behind Rule 39AA of the Conduct of Elections Rules 1961 is that MLAs belonging to a political party shall show their ballot papers (after marking their vote) to the authorized agent of that party only and not to the authorized agent of other parties. As such, the same person cannot be appointed as the authorized agent of more than one party.
      30)    What action is required to be taken by Presiding Officer/Returning Officer in election to Council of States, in case an elector belonging to a political party refuse to/does not show his/her marked ballot paper to the authorized agent of his party or shows his/her marked ballot paper to the authorized agent of other political party?
      Ans: In such case the ballot paper issued to the elector shall be taken back by the presiding officer or a polling officer under the direction of the presiding officer and the ballot paper and keep it in a separate envelope after recording on the reverse side of the ballot paper “Cancelled-voting procedure violates”. Provision in sub-rules (6) to (8) of rule 39A of the Conduct of Elections Rules, 1961, shall apply in such case.
      In case before taking back such ballot paper the elector dropped the ballot paper into ballot box, at the time of counting such ballot paper, RO should first separate this concerned ballot paper and it shall not be counted.
      31)    Can an independent MLA show his marked ballot paper to the authorized agent of any party?
      Ans: No, Independent MLAs are required to insert the marked ballot paper in the ballot box without showing the marked ballot to any agent.
      32)    Whether an MLA or Minister can be appointed as authorized agents of the party at the election to the Council of States and State Legislative Councils by MLAs?
      Ans:There is no such restriction imposed by the Commission in elections to the Council of States and State Legislative Council by MLAs.
       
      33)    Whether  the  list  of  electors  to  be  maintained  under  section  152  of  the Representation of the People Act, 1951 can be amended to include the name of newly elected member of state legislative assembly after the date of notification of election to the Council of States or even after the last date of filing of nomination? 
      Ans: In case when a member gets elected to the Legislative Assembly at a bye-election, result of which is declared after the date of notification of election to the Council of States or even after the last date of filing nomination, the name of newly elected MLA should be included in the list of members maintained under Section 152 of the RP Act, 1951. Further, he shall then be entitled to vote at the election to the Council of States if the poll is taken after the date of his election as MLA.
      This instruction is also applicable in the case of elections to Legislative Council by MLAs.

      34)    Whether a person can vote at any election if he is confined in a prison, whether under a sentence of imprisonment or as under trial, or is in the lawful custody of the police?
      Ans: No. The provisions of Section 62(5) of the Representation of the People Act, 1951 provides that no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment of transportation or otherwise, or is in the lawful custody of the police.
       

    • Under the Constitution of India, there shall always be a President of India (See Article 52 of the Constitution). He holds the highest elective office in the country and is elected in accordance with the provisions of the Constitution and the Presidential and vice-Presidential Elections Act, 1952. The said Act is supplemented by the provisions of the Presidential and Vice-Presidential Elections Rules, 1974, and the said Act under Rules form a complete Code regulating all aspects of conduct of elections to the Office of the President. The President holds office for a period of five years from the date on which he enters upon his office and, accordingly, an election is due to be held this year (2017) to elect the new President before the expiration of the term of the incumbent President of India, Shri Pranab Mukherjee, on 24th July, 2017.
      In the context of the above election, some questions which may be frequently asked (FAQs) and replies thereto are given below to remove any doubts and confusion which may be arising in the minds of the intending candidates, electors and the general public:
      Q.1    Who elects the President of India?
      Answer: The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India]
      Q.2    What is the term of the office of the President?
      Answer: The President shall hold office for a term of 5 years from the date on which he enters upon his office. He shall, however, continue to hold office notwithstanding the expiry of his term, until his successor enters upon his office. [Article 56 of the Constitution of India]
      Q.3    When is the election of the Office of President of India held?
      Answer: Under the provisions of sub-section (3) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952, the notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office of the outgoing President. The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President.
      Q.4    Who conducts the election to the Office of President of India?
      Answer: Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of President is vested in the Election Commission of India.
      Q.5    What electoral system/process is followed for the election to the office of the President?
      Answer: As per Article 55(3) of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of single transferable vote and the voting at such election shall be by secret ballot.
      Q.6    What are the Qualifications required by a candidate to contest the election to the Office of the President of India?
      Answer: Under Article 58, a candidate should fulfill the following eligibility conditions to contest the election to the Office of President: -
      1.    Must be a citizen of India,
      2.    Must have completed 35 years of age,
      3.    Must be eligible to be a member of the Lok Sabha,
      4.    Should not be holding any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
      However, the candidate may be holding the office of President or Vice-President or Governor of any State or Ministers of the Union or any State and shall be eligible to contest election.
       
      Q.7    Apart from the above what are the conditions to be fulfilled by a candidate for his nomination to be valid?
      Answer: A nomination paper of a candidate for the election has to be made in the prescribed form (Form 2 appended to the Presidential and Vice-Presidential Elections Rules, 1974) and it has to be subscribed by at least fifty electors as proposers and at least fifty electors as seconders. The nomination paper duly completed in all respects has to be presented to the Returning Officer, between 11AM and 3PM on any day other than on a public holiday appointed for the purpose by the Election Commission, either by the candidate himself or by any of his proposers or seconders. Here DzElectorsdz mean elected MPs and elected MLAs who are electors for Presidential Election.
      The Security Deposit for the election, of Rs.15000/- should also be deposited either in cash with the Returning Officer or a receipt showing that the amount has been deposited by the candidate or on his behalf in the Reserve Bank of India or in a Government Treasury should be furnished along with the nomination paper.
      The candidate is also required to furnish a certified copy of the entry showing his name in the current electoral roll for the Parliamentary Constituency in which the candidate is registered as an elector. [see Sections 5B and 5C of the President and Vice-President Elections Act, 1952]
      Q.8   Who is appointed the Returning Officer/Assistant Returning Officer for the election to the Office of President of India? Who makes such appointment?
      Answer: By convention, the Secretary General, Lok Sabha or the Secretary General, Rajya Sabha is appointed as the Returning Officer, by rotation. Two other senior officers of the Lok Sabha/ Rajya Sabha Secretariat and the Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and Union Territory of Puducherry, are also appointed as the Assistant Returning Officers. The Election Commission of India makes such appointments.
       [For the Presidential Election, 2017 the Secretary General Lok Sabha is the Returning Officer]
      Q.9    Can a Candidate submit more than one nomination paper? What would be the security deposit to be made by such candidate?
      Answer: Yes. A candidate can file a maximum of four nomination papers. However, he is required to make only one security deposit in this regard. [see Section 5B (6) and 5C of the President and Vice-President Elections Act, 1952]
      Q.10   Can an elector propose or second the nomination of more than one candidate at a Presidential election?
      Answer: No. An elector can propose or second the name of only one candidate at a Presidential election. If he subscribes as proposer or seconder, the nomination papers of more than one candidate, his signature shall be deemed operative only on the nomination paper first delivered to the Returning Officer. [see Section 5B(5) of the President and Vice-President Elections Act, 1952]
      Q.11    Who scrutinizes the nomination papers filed by the candidates and who can be present at the time of such scrutiny?
      Answer: All nomination papers received by the Returning Officer during the period specified for the purpose by the Election Commission are scrutinized by the Returning Officer himself on the date fixed by the Election Commission under Sub-Section (1) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952. At the time of such scrutiny, the candidates, one proposer or one seconder of each candidate and one other person duly authorized, in writing, by each candidate shall be entitled to be present, and they shall be given all reasonable facilities for examining the nomination papers of the candidates and raise objections in regard to those nomination papers.
      Q.12    What are the grounds for rejection of the nomination of a candidate in the Presidential election?
       
      Answer: A nomination paper may be rejected by the Returning Officer on the following grounds  under Section 5E of  the Presidential and Vice-Presidential Elections Act, 1952: -
      1.    On the date of scrutiny of nominations, the candidate is not eligible for election as President under the Constitution; or
      2.    if any of the proposers or seconders is not qualified to subscribe a nomination paper, i.e., he is not an elector at the election; or
      3.    if it is not subscribed by the required number of proposers and/or seconders; or
      4.    if the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud; or
      5.    if the nomination paper is not presented in person by the candidate or any of his proposers or seconders or if it is not delivered to the Returning Officer, within the hours and dates prescribed for the purpose or at the place appointed for the purpose, or the candidate has failed to make the required security deposit in the prescribed manner
      However, a candidateǯs nomination shall not be rejected, if he has submitted another set of nomination papers, which are without any irregularity or defect. A candidateǯs nomination shall not be rejected on the ground of any defect that is not of substantial character.
      Q.13    Where is the poll for election to the Office of President held?
      Answer: A Room in the Parliament House in New Delhi and a room in the Secretariat building of State Legislative Assemblies in each state, including NCT of Delhi and UT of Puducherry are generally fixed as places of poll, by the Election Commission. [see Rule 7 of the Presidential and Vice-Presidential Elections Rules, 1974]
      Q.14    Can the electors choose their place of voting?
       
      Answer: Yes. While normally Members of Parliament vote in New Delhi and the members of the State Legislative Assemblies, including the members of the Legislative Assemblies of NCT of Delhi and UT of Puducherry vote at the place fixed in each State/UT capital, facilities are provided by the Election Commission for any MP to vote in the capital of State and similarly an MLA may vote at the polling booth set up in the Parliament House, if he is in Delhi on the date of poll. However, the MP or MLA who opts to vote in a place other than the place where the member is designated to vote is required to intimate the same to the Commission well in advance (ten days) for making necessary arrangements. In exceptional circumstances, MPs and MLAs may be permitted by the Commission to vote at other State Capitals also.
      Q.15    What is the colour and form of ballot papers used in the election to the office of the President?
      Answer: The Election Commission has directed that the ballot papers should be printed in 2 (two) colours- in green for use by Members of Parliament and in pink for  use by the  Members of  the State Legislative Assemblies. The  ballot papers are printed with two columns-first column containing the names of the candidates and the second column for marking preferences by the elector for each such candidate. The ballot papers are printed in Hindi and English for use by MPs and in the official language(s) of the State and in English for use by the MLAs of the State concerned. [see Rule 10 of the Presidential and Vice-Presidential Elections Rules, 1974]
      Q.16    Is the value of vote of each elector the same?
      Answer: No. The value of votes of MLAs would differ from State to State as the value of each such vote is calculated by the process explained below. However, the value of votes of all MPs is the same.
      Q.17    How is the value of votes of members of the Electoral College calculated?
      Answer: The value of votes of electors is basically determined on the basis of population of the States in accordance with the manner laid down in Article 55(2)
       
      of the Constitution. The Constitution (Eighty-fourth Amendment) Act, 2001 provides that until the population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of  value of the votes for  the  Presidential Election shall mean the population as ascertained at the 1971 census. The value of the vote of each member of a State Legislative Assembly included in the Electoral College is calculated by dividing the population of the State concerned (as per 1971 Census) by the total number of elected members of the Assembly, and then further dividing the quotient by 1000. If the remainder, while so dividing is 500 or more, then the value is increased by Ǯ1ǯ. Total Value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member in the respective State. The total value of votes of all the States worked out as above in respect of each State and added together is divided by the total number of elected members of Parliament (Lok Sabha 543+Rajya Sabha 233) to get the value of votes of each Member of Parliament. The statement of Value of Votes of MLAs & MPs as per Article 55(2) of the Constitution is given below*. (Appendix)
      Q.18    What is the manner/procedure for recording votes at an election to the office of President?
      Answer: In accordance with the system of proportional representation by means of single transferable vote, every elector can mark as many preferences, as there are candidates contesting the election. These preferences for the candidates are to be marked by the elector, by placing the figures 1,2,3, 4, 5 and so on, against the names of the candidates, in the order of preference, in the space provided in column 2 of the ballot paper. The preferences can be indicated in international form of Indian numerals or in the form used in any Indian language or in Roman form but the preferences cannot be indicated in words like one, two, first preference second preference etc. [see Rule 17 of the Presidential and Vice- Presidential Rules, 1974].
       
      Q.19    Is it compulsory for an elector at a Presidential election to mark his preference for all candidates?
      Answer: No. Only the marking of first preference is compulsory for a ballot paper to be valid. Marking other preferences is optional.
      Q.20    Are the provisions of the Anti-Defection Law applicable in Presidential elections?
      Answer: No. Members of the Electoral College can vote according to their wish and are not bound by any party whips. The voting is by secret ballot. Therefore, Party whip does not apply in this election.
      Q.21    Are Nominated Members of either Houses of Parliament or a State Legislative Assembly eligible to vote at the election to the Office of President?
      Answer:No. Only elected members of both Houses of Parliament and of the State Legislative Assemblies are members of the Electoral College for Presidential Election. Therefore, nominated members cannot vote in this election. [see Article 54 of the Constitution.]
      Q.22    Can an elector at a Presidential election exercise his vote by proxy?
      Answer: No.
      Q.23    Whether provisions of NOTA are applicable?
      Answer: No.
      Q.24    Can a disabled or illiterate elector in a Presidential election take the help of a companion to record his vote?
      Answer: No. Unlike in Parliamentary and Assembly election, an elector cannot take the help of a companion. He can take only the assistance of the Presiding Officer to record his vote, if he is unable to read the ballot paper or to record his vote by reason of his illiteracy or blindness or any physical or other disabilities. The Presiding Officer is obliged under the rule to record the vote according to the  wishes of the elector and keep such vote secret. [see Rule 19 of the Presidential and Vice-Presidential Rules, 1974].
      Q.25    How can an elector who is under preventive detention during the period of Presidential election cast his vote?
      Answer: An elector under preventive detention can cast his vote through postal ballot, which will be sent to him by the Election Commission on the place of his detention. [see Rule 26 of the Presidential and Vice-Presidential Rules, 1974].
      Q.26    Is the winner in a Presidential election elected on the basis of obtaining simple majority? Or by securing a specified quota of votes?
      Answer: As the Presidential election is held in accordance with the system of proportional representation by means of the single transferable vote, every elector has as many preferences as candidates contesting the elections. The winning candidate has to secure the required quota of votes to be declared elected, i.e., 50% of valid votes polled +1. [see the schedule of the Presidential and Vice-Presidential Rules, 1974].
      Q.27    What are the grounds for rejection of the ballot papers?
      Answer: The Returning Officer shall reject a ballot paper as invalid on which:
      1.    The figure 1 is not marked; or
      2.    The figure 1 is marked against the name of more than one candidate or is marked in a manner which renders it doubtful as to which candidate it is intended to apply; or
      3.    The figure 1 and some other figure is marked against the name of the same candidate; or
      4.    Any mark is made by which the elector may be identified.
      A ballot paper will also be invalidated if the preference is marked in words like one, two, three or first preference, second preference, third preference, etc., instead of in figures 1, 2, 3 etc. A postal ballot may be rejected if the signature of
      the elector on the declaration and the attestation form received with the ballot
       
      paper is not duly attested by the authority specified in such form (who is normally the officer-in-charge of the jail or the place of detention). [see rule 31 of the Presidential and Vice-Presidential Rules, 1974].

      Q.28    What is the procedure of counting in a Presidential election? How is the quota of votes to be secured by the winning candidate determined?
      Answer: After the valid ballot papers are segregated from the invalid ones, the valid ballot papers are distributed among the contesting candidates on the basis of first preference marked on each of them for those candidates. The value of votes which each contesting candidate gets in this process is ascertained by multiplying the number of ballot papers on which the first preference is marked for him, by the value of vote which each ballot paper of a member (MP or MLA) represents as indicated on the ballot paper itself. The total votes secured by each contesting candidate are then ascertained by adding together the value of votes secured by him from the Members of Parliament and the Members of the State Legislative Assemblies. This is the first round of counting.
      For ascertaining the quota sufficient to secure the return of a candidate, the value of votes credited to each contesting candidate in the first round of counting is added up to determine the total value of valid votes polled at the election. Such total value of valid votes is then divided by two, and one is added to the quotient so obtained, ignoring the remainder, if any. The number so determined, is the quota, which a candidate should secure to be declared elected.
      If the total value of the votes credited to any candidate at the first count, is equal to, or greater than, the quota sufficient to secure the return of a candidate, that candidate is declared elected by the Returning Officer. If, however, after the first round of counting, no candidate secures the requisite quota, then the counting proceeds on the basis of a process of elimination and exclusion, whereby the candidate credited with the lowest number of votes is excluded and all his ballot papers are distributed among the remaining (continuing) candidates on the basis  of  the  second  preferences  marked,  if  any,  thereon.  The  value  of  such
       
      transferred ballot papers will be the same as the value at which the excluded candidate received them. The ballot papers on which second preference is not marked is treated as exhausted ballot papers and shall not be further counted, even if the third or subsequent preferences are marked thereon. If no candidate secures the requisite quota even at this stage after distribution of votes of the excluded candidate then the process of counting will continue on the same basis of elimination and exclusion of the candidate with lowest vote till a candidate secures the required quota of votes. In case, even after the exclusion of the candidates receiving the lowest number of votes, no candidate secures the requisite quota and ultimately one candidate remains as the lone continuing candidate, he is declared elected even if he has failed to secure the quota sufficient to secure the return of a candidate. [see the schedule to the Presidential and Vice-Presidential Rules, 1974].
      Q.29    Where is the counting of votes in a Presidential election held?
      Answer: The counting of votes is done in the office of the Returning officer at New Delhi.
      Q.30    When is the security deposit of a candidate in a Presidential Election forfeited?
      Answer: The Security deposit shall be forfeited if the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the number of votes necessary to secure return of a candidate at such election. In other cases, the deposit will be returned to the candidate. The security deposit is returned by ECI. [see Section 20A of the Presidential and Vice-Presidential Act, 1952].
      Q.31    Can the result of the election to the Office of President be challenged? If so, what is the proper procedure for doing so?
      Answer: Yes. An election to the Office of the President can be called in question by means of an election petition presented to the Supreme Court after the election is over. Such election petition should be presented by a candidate or twenty or more electors joined together as petitioners, and may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election under Section 12 (of the Presidential and Vice-Presidential Elections Act, 1952), but not later than 30 days from the date of such publication. Subject to these provisions, the Supreme Court, under Article 145 of the Constitution, may regulate the form, manner and the procedures connected with such election petitions. [see Sections 13 to 20 of the Presidential and Vice-Presidential Act, 1952].
      PRESIDENTIAL ELECTION, 2017
      STATEMENT OF VALUE OF VOTES OF ELECTED MEMBERS OF THE STATE LEGISLATIVE ASSEMBLIES AND BOTH HOUSES OF PARLIAMENT AS PER
      PROVISIONS OF ARTICLE 55(2) OF THE CONSTITUTION OF INDIA
      APPENDIX-I
      S.No. NAME OF STATE NUMBER OF ASSEMBLY  SEATS   (ELECTIVE) POPULATION 1971 CENSUS) VALUE OF VOTE    OF EACH M.L.A. TOTAL VALUE OF VOTES FOR THE STATE (1)  (2)  (3) (4) (5)  (6) 1. ANDHRA PRADESH 175 27800586 159 159 X 175 = 27825 2. ARUNACHAL PRADESH 60 467511 8 008 X 060 =     480 3. ASSAM 126 14625152 116 116 X 126 = 14616 4. BIHAR 243 42126236 173 173 X 243 = 42039 5. CHHATTISGARH 90 11637494 129 129 X 090 = 11610 6. GOA 40 795120 20 020 X 040 =     800 7. GUJARAT 182 26697475 147 147 X 182 = 26754 8. HARYANA 90 10036808 112 112 X 090 = 10080 9. HIMACHAL PRADESH 68 3460434 51 051 X 068 =  3468 10. JAMMU & KASHMIR* 87 6300000 72 072 X 087 =  6264 11. JHARKHAND 81 14227133 176 176 X 081 = 14256 12. KARNATAKA 224 29299014 131 131 X 224 = 29344 13. KERALA 140 21347375 152 152 X 140 = 21280 14. MADHYA PRADESH 230 30016625 131 131 X 230 = 30130 15. MAHARASHTRA 288 50412235 175 175 X 288 = 50400 16. MANIPUR 60 1072753 18 018 X 060 =  1080 17. MEGHALAYA 60 1011699 17 017 X 060 =  1020 18. MIZORAM 40 332390 8 008 X 040 =     320 19. NAGALAND 60 516449 9 009 X 060 =     540 20. ODISHA 147 21944615 149 149 X 147 = 21903 21. PUNJAB 117 13551060 116 116 X 117 = 13572 22. RAJASTHAN 200 25765806 129 129 X 200 = 25800 23. SIKKIM 32 209843 7 007 X 032 =     224 24. TAMIL NADU 234 41199168 176 176 X 234 = 41184 25. TELANGANA 119 15702122 132 132 X 119 = 15708 26. TRIPURA 60 1556342 26 026 X 060 =  1560 27. UTTARAKHAND 70 4491239 64 064 X 070 =  4480 28. UTTAR PRADESH 403 83849905 208 208 X 403 = 83824 29. WEST BENGAL 294 44312011 151 151 X 294 = 44394 30. NCT OF DELHI 70 4065698 58 058 X 070 =  4060 31. PUDUCHERRY 30 471707 16 016 X 030 =     480   TOTAL 4120  549302005   = 549495 * Constitution (Application to the Jammu & Kashmir) Order

      EXTRACTS FROM THE CONSTITUTION OF INDIA
      The President and Vice-President
      52.    The President of India -
      There shall be a President of India.
      53.    Executive power of the Union -
      (1)    The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
      (2)    Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
      (3)    Nothing in this article shall-
      (a)    be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
      (b)    prevent Parliament from conferring by law functions on authorities other than the President.
      54.    Election of President - The President shall be elected by the members of an electoral college consisting of-
      (a)    the elected members of both Houses of Parliament; and
      (b)    the elected members of the Legislative Assemblies of the States.
      [Explanation.-In this article and in article 55, State includes the National Capital Territory of Delhi and the Union territory of Pondicherry.]
      55.    Manner of election of President -
      (1)    As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
      (2)    For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner: -
      (a)    every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by
       
      dividing the population of the State by the total number of the elected members of the Assembly;
      (b)    if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
      (c)    each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
      (3)    The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
      _47[Explanation.-In this article, the expression "population" means the population as ascertained at the  last preceding census of  which the relevant figures have been published:
      Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.]
      56.    Term of office of President -
      (1)    The President shall hold office for a term of five years from the date on which he enters upon his office:
      Provided that-
      (a)    the President may, by writing under his hand addressed to the Vice-President, resign his office;
      (b)    the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;
      (c)    the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
      (2)    Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
       
      57.    Eligibility for re-election -
      A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
      58.    Qualifications for election as President -
      (1) No person shall be eligible for election as President unless he-
      (a)    is a citizen of India,
      (b)    has completed the age of thirty-five years, and
      (c)    is qualified for election as a member of the House of the People.
      (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
      Explanation.-For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor_48*** of any State or is a Minister either for the Union or for any State.
      59.    Conditions of President's office -
      (1)    The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
      (2)    The President shall not hold any other office of profit.
      (3)    The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
      (4)    The emoluments and allowances of the President shall not be diminished during his term of office.
      60.    Oath or affirmation by the President -
      Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the
       
      senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say-
      "I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.".
      61.    Procedure for impeachment of the President -
      (1)    When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
      (2)    No such charge shall be preferred unless-
      (a)    the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one- fourth of the total number of members of the House has been given of their intention to move the resolution, and
      (b)    such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
      (3)    When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.
      (4)    If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
      62.    Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy -
      (1)    An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
      (2)    An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
       

    • Ques. 1. Can a proposer of any candidate be also a candidate for the same constituency?
      Ans.    Yes, as per law there is no bar.
      Ques. 2.  If information given by a candidate in affidavit is wrong, can RO reject the nomination of the candidate? Especially, if other candidates raise objection and give proof that information in affidavit is wrong.
      Ans.    No, the nomination of a candidate cannot be rejected for suppressing or giving false information in the affidavit. The copies of the nomination papers filed by each candidate along with copy of the affidavit accompanying the nomination should be displayed on the notice board in the office of RO on the day the nomination is filed. If anyone furnishes any information contradicting the statements in the nomination form or affidavits by means of a duly sworn affidavit, copies of such affidavits should also be displayed on the notice board. If the RO is satisfied that  the information given by the candidate in the affidavit is wrong he is required to file a formal complaint before the appropriate Court under section 125A of the R.P. Act, 1951 and Section 177 of IPC (read with section 200 CrPC).
      Ques. 3. If a complaint is received that a person who has filed nomination is of  unsound mind, what course of action will be taken by RO?
      Ans.    The complainant has to prove by producing a declaration by the competent court under the Lunacy Act to the affect that the person concerned is of unsound mind. Disqualification is attracted only when there is a declaration by competent court.
       
      Ques. 4. What if 5 or more than 5 persons, who are proposers, happen to be illiterate & their thumb impressions are to be attested, can we allow more than 5 persons in the RO room in that case?
      Ans.    Thumb impressions on the nomination paper has to be attested for which thumb impressions have to be put before the RO or before an Administrative Officer not below the rank of SDO. To enable the proposers to put their thumb impressions before RO, they shall be called by the RO in batches of four for putting the thumb impression in his presence.
      Ques. 5. Should the affidavits in Form 26, be in both English & Gujarati or in any one language?
      Ans.    It has to be given either in English or in one local language of the state which is the official language and in case of Gujarat it can be in Gujarati.
      Ques. 6. If the affidavit of a candidate is objected to, and RO feels that it has some substance, does the RO himself initiate proceedings under RP Act or IPC or should objector do it?
      Ans.    Yes, the RO has to initiate proceeding under the relevant statutory provisions. (Pl. see Ans. To Q. No. 2)
      Ques. 7. For an independent candidate 10 proposers are required to sign the nomination paper before RO. If during scrutiny one proposer says it was not signed by him, what will RO do?
      Ans.    The RO shall ask the person concerned to submit an affidavit to this affect. If affidavit is submitted then RO shall make a summary inquiry to satisfy himself as to the authenticity of the signature of the proposer. The candidate shall be given adequatae opportunity to present his case. In case it is proved that the signature was forged, the nomination of the candidate will be rejected since the nomination with 9 proposers cannot be accepted as a valid nomination paper as per law in the case of candidates sponsored by registered unrecognized party and independent candidates.
      Ques. 8. Whether nomination papers of a candidate who was physically present just a minute before 3:00 PM on the last day of nomination, but without documents will be received or not?
      Ans.    Nomination paper if available with the candidate has to be received but no other document shall be permitted to be brought into his office after
      3.00 PM. In the check list, the fact of not having submitted the relevant documents will be entered. Question of rejection of nomination paper will be decided at he time of scrutiny.
      Ques. 9.    What is the time limit for filing Form 6, to include name in electoral rolls in case applicant wants to be candidate also.
      Ans.    Minimum 10 (Ten) days before the last date of making the nomination for an election. However, Form-6 filed thereafter upto the last date for filing nomination shall be received by the ERO but orders can be passed on each such Form only after completion of the election. Under the law, no order for inclusion of name in electoral roll can be made after the last date for making nomination. There are Court ruling clarifying that the cut-off time for passing orders in this regard would be 3.00 PM on the last day of filing of nomination. There are other statutory requirement of displaying the applications on the notice board by the ERO for 7 days, etc. before the ERO can pass orders on the claim application.
      Ques. 10.    What document should be taken as proof of citizenship?
      Ans.    There is no specific document to prove the citizenship. For contesting elections from a state Legislative Assembly Constituency, the intending candidate should be enrolled in the electoral roll of any assembly constituency in that state. The presumption in normal course would be that such person is a citizen. In case somebody challenges the citizenship of a candidate, the onus is on the objector to produce sufficient proof before the RO in this regard. If this onus is discharged by the objector, the RO should prima-facie give an opportunity to the intending candidate to rebut the complaint. Generally, MHA issues such certificate of canceling citizenship.
      Ques. 11. If illiterate proposer himself denies about his thumb impression, how RO can decide on thumb impression validity? Should he call finger print expert?
      Ans.    The illiterate person proposing a candidate has to put his thumb impression before the RO or an Administrative Officer not below the rank of SDO. Therefore, the question of denial would not arise. In case the proposer denies, the RO has to satisfy himself by making summary inquiry. [Please see answer to question No. 7].
      Ques. 12.    If major portion of affidavit is not filled at all, is it ground for rejection?
      Ans.    Yes, it will be a ground for rejection as it will be a defect of substantial nature. Under the Commission€s instructions, the RO should depute a person who shall get filled all the details in the affidavit from the candidate. In case there is no information to be furnished by the candidate in any of the columns the candidate has to write “NIL or Not  Applicable”, as the case may be.
      Ques. 13. If during scrutiny, a proposer says on affidavit that he has not signed on nomination papers, then what will RO do?
      Ans.    The RO has to satisfy himself about the signature of the proposers. In case he is satisfied after summary enquiry that the signature is not of the proposer as claimed by him then the nomination paper shall be rejected for want of required number of proposers and the person who filed the nomination paper with forged signature/thumb impression will have to be prosecuted under the law. However, the candidate concerned should be given adequate opportunity to present his case. If necessary, scrutiny proceedings in that candidates€ case can be adjourned.
      Ques. 14. Is oath required every time? With every nomination filed at different intervals of time by same candidate?
      Ans.    No. The oath is required to be taken and subscribed only once for an election. Even if a candidate is contesting from two constituencies, one oath is sufficient. It should be noted that oath can be taken only after the nomination paper is filed. It would be for the candidate to produce before the RO, the certificate of taking of oath as per the requirement of law.
      Ques. 15. What if independent candidate submits nomination paper with more than 10 proposers? Will it be valid?
      Ans.    Yes, minimum 10 proposers are required for independent candidate under the law. Excess is not a problem.
      Ques. 16 Regarding signature of a proposer, if in the summary inquiry, the RO finds that the signature is false, can the nomination be rejected?
      Ans.    Yes, in case, the RO finds on summary inquiry that the signature is false and the number of proposers then falls less than the required number, then that nomination paper will be rejected by the RO.[Please see answer to question Nos. 7 and 12]
      Ques. 17. Can the nomination papers be Photocopied & allowed to be examined by other candidate? Or only original papers are to be given for examination?
       
      Ans.    Copies of nomination filed by each candidate along with the affidavit accompanying the nomination should be displayed on the notice board in the office of RO on the same day of filing nomination. At the time of scrutiny, the other candidate may be given opportunity to examine the original nomination papers without being allowed to physically handling the paper.
      Ques. 18. If in case of an overseas elector, the nomination paper is delivered on the last date of nomination, then he takes an Oath before a consular representative and if he or the consular representative faxes or sends a scanned copy of that form of Oath or a written communication to the RO, can it be allowed? Or the RO should insist for an original document?
      Ans.    Yes, fax/scanned copy can be relied upon if the original is not received before the scrutiny of nomination. The consular representative should, however, send the original of the oath or affirmation made and sighed by the candidate to the RO subsequently.
      Ques. 19. Can a candidate withdraw nomination immediately after scrutiny or has to wait till list of validly nominated candidates is prepared in Form-4?
      Ans.    He should wait till the RO prepares the list of validly nominated candidates in Form-4.
      Ques. 20. If a proposer is in all the four nominations, can he submit all the four nominations?
      Ans.    Yes, the proposer can submit all the four nominations in case he has proposed in all the four nominations.
       
      Ques. 21. If a candidate has been issued SC/ST certificate from other state as she has been after marriage residing in other state & contesting election there, how RO should proceed further?
      Ans.        A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless in the case of a seat reserved for the Scheduled Castes or for the Schedule Tribes of that State, he should belong to any of those castes or of those tribes, as the case may be, in that state, and is an elector for any Assembly constituency in that State. In such cases, there should be a SC certificate issued by the competent authority of the State in which the person is contesting election.
      Ques. 22. How many persons are allowed to enter the RO€s room when the nomination papers are being filed by independent/ unregistered party candidate? Is it 4+1 only? Also in case of illiterate proposers please?
      Ans.    Only 4 persons can enter the office of RO other than the candidate. Since, illiterate person has to put a thumb impression before the RO or an Administrative Officer not below the rank of SDO, all illiterate proposers who have not already appended their thumb impression before any other authorized officer, shall be called by the RO in batches of four, for putting the thumb impression in front of him.
      Ques. 23. Suppose, a candidate filing nomination papers is not a voter of that particular Assembly Constituency, then he will produce a certified extract from the electoral rolls. But as continuous revision is going on, which should be the latest date of that certificate?
      Ans.    There is no last date. The certified extract should be in respect of the electoral rolls in force. Such extract can be filed till the time of scrutiny of nomination.
       
      Ques. 24. If an independent candidate€s nomination form has 12 proposers and proposer no. 3 and 4 is not valid. Total 10 are valid out of the 12. Is that acceptable?
      Ans.    Yes, only 10 proposers as required for candidates of registered unrecognized parties and independents would still be left.
      Ques. 25. In the affidavit is a candidate needed to file all the particulars of only government dues or also dues of local self government like Municipality, Panchayat etc. and also dues pending for government contracts?
      Ans.    Details of dues to Departments dealing with the Government accommodation, supply of water and electricity, telephone/mobiles, transport (including aircraft and helicopters), income/wealth/service tax, municipality property tax will have to be shown in reppective columns provided in Item (8)(ii) of Form-26. Any other Government dues will have to be shown in the last row of Item (8)(i).
      Ques. 26. As mentioned in point no. 5 (II) of Form-26 the cases pending against a candidate in which cognizance has been taken by the court is required to be given. Please qualify the word COGNIZANCE?
      Ans.    Please see the provisions of Section 190 of CrPC.
      Ques. 27.    Whether 1st  Class Magistrate & Executive Magistrate are the same. Kindly elaborate with legal provisions.
      Ans.    It varies from State to State. Generally, Executive Magistrates cannot be equated with 1st Class Magistrate.
      Ques. 28. Whether the mentally retarded person or unsound mind person are to be treated as same or there is legally some difference? Kindly elaborate.
       
      Ans.    For contesting election, only if a person has been declared by the competent court as of unsound mind under the Lunacy Act, he/she cannot contest any election.
      Ques. 29. Whether the nomination paper filed by a candidate not signed at the time of submission or filing of nomination papers can be signed thereafter before scrutiny of nomination papers or not?
      Ans.    At the time of scrutiny, if any nomination paper of a candidate is found without the signature of the candidate, the RO should reject the nomination as it is a defect of substantial nature. Signature cannot be affixed subsequently.
      Ques. 30. In case of reserved constituency, the SC/ST certificate if objected to on the ground that the caste/ tribe do not figure in the list of the Constitution (Scheduled Castes) and (Scheduled Tribes), Order 1950, even though the certificate is proved to be issued by a competent authority, then what happens?
      Ans.    A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless in the case of a seat reserved for the Scheduled Castes or for the Schedule Tribes of that State, he should belong to any of those castes or of those tribes of that state, as the case may be, and is an elector of any Assembly constituency in that State. If the Caste/Tribe to which the candidate belongs is not one of the Castes/Tribes in the list of Scheduled Castes/Tribes for the State, then the candidate cannot treated as qualified to contest from that reserved seat.
      Ques. 31.  Does “Magistrate 1st Class” before whom the affidavit on Form 26 is to be sworn include “Executive Magistrate”?
      Ans.    Affidavit should be sworn before only the magistrate of 1st class, notary public and commissioner of oath appointed by the High Court of the state concerned. Executive Magistrates cannot be treated as 1st Class Magistrates for this purpose, unless they are also specified as 1st Class Magistrate in any State.
      Ques. 32. Is a candidate, in contractual obligation with any Gram/ Taluka/ District Panchayat or any other local body like municipality disqualified under section 9A of the R. P. Act, 1951?
      Ans.    No, only subsisting contract supply of goods or execution of works with the government of the State concerned and not with the local authority will attract disqualification under Section 9A of the R. P. Act, 1951, for election to the Legislative Assembly of that State. For Parliament election, such contract with the Central government alone will attract disqualification.
      Ques. 33. If the candidate of one political party remarks adversely against another party candidate in news/news papers. Can this be considered as “Paid News”?
      Ans.    There are various aspects that need to be looked into before calling a news item a suspected case of “Paid News”, like bias, undue favour, reads more like propaganda than news item, consistently one- sided, factually incorrect and in favour of a particular candidate in continuous opposition to another candidate etc. The MCMC has to apply its mind collectively to decide on each such cases based on samples & evidences. One news report of a criticism of a political adversary need not constitute “Paid News”.
       

    • Q 1. Which authority conducts elections to the offices of the President and Vice-President of India ?
      Ans. Election Commission of India (ECI)
      Under Article 324(1) of the Constitution of India, the Election Commission of India, interalia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made thereunder.
      Q 2. Which authority conducts elections to Parliament?
      Ans. Election Commission of India (ECI)
      The same Article 324 also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of Parliament. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
      Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils?
      Ans. Election Commission of India (ECI)
      Article 324 (1) also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made thereunder.
      Q 4. Which authority conducts elections to Corporations, Municipalities and other Local Bodies ?
      Ans. The State Election Commissions (SECs)
      The State Election Commissions constituted under the Constitution (Seventy-third and Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with the powers of conduct of elections to the Corporations, Muncipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies. They are independent of the Election Commission of India.
      Q 5. What is the present composition of the Election Commission?
      Ans. A Three - Member Body
      At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.
      Q 6. Has the Election Commission been a multi-member body from the beginning?
      Ans. No.
      It was not a multi member body from the beginning. It was a single - member body when it was first set up in 1950 and up to 15th October, 1989 with only the Chief Election Commissioner. From 16th October, 1989 upto the 1st January, 1990, it became a three-member body with R.V.S.Peri Sastri (C.E.C) and S.S.Dhanoa and V.S.Seigell as Election Commissioners. From 2nd January, 1990 to 30th September, 1993, it was a single-member Commission and again from 1st October, 1993 it has become a three-member Commission.
      Q 7. What is the status Chief Election Commissioner and the Election Commissioners in terms of salaries and allowances etc.?
      Ans. Equivalent to Supreme Court Judges.
      The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as provided for by the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Rules, 1992.
      Q 8. What is the term of office of the Chief Election Commissioner? Is it different from the Election Commissioners?
      Ans. The Chief Election Commissioner or an Election Commissioner holds office for a term of six years from the date on which he assumes his office. However, where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate his office on the the date on which he attains sixty-five years of age.
      Q 9. When the Commissioner becomes a multi-member Commission, how are the decisions taken, whether by majority or by consensus?
      Ans. Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act, 1993 is reproduced below:-
      (1) The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
      (2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible, be transacted unanimously.
      (3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority.
      Q 10. Who appoints the Chief Election Commissioners and Election Commissioners?
      Ans. The President.
      Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the Chief Election Commissioner and the Election Commissioners.
      Q 11. Who fixes the number of Election Commissioners (other than Chief Election Commissioner)?
      Ans. The President.
      Article 324(2) also empowers the President of India to fix from time to time the number of Election Commissioners other than the Chief Election Commissioner.
      Q 12. Who supervises the election work in a State ?
      Ans. The Chief Electoral Officer (CEO).
      As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/ Union Territory is authorised to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.
      Q 13. Who appoints the Chief Electoral Officer?
      Ans. Election Commission of India (ECI)
      The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.
      Q 14. Who supervises the election work in a District?
      Ans. The District Election Officer (DEO)
      As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.
      Q 15. Who appoints the District Election Officer?
      Ans. Election Commission of India (ECI).
      The Election Commission of India nominates or designates an Officer of the State Government as the District Election Officer in consultation with the State Government.
      Q 16. Who is responsible for the conduct of elections in any Parliamentary or Assembly constituency ?
      Ans. Returning Officer (RO)
      The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency concerned as per section 21 of the Representation of the People Act 1951.
      Q 17. Who appoints the Returning Officer?
      Ans. Election Commission of India (ECI)
      The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government/Union Territory Administration. In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections.
      Q 18. Who is responsible for the preparation of electoral rolls for a Parliamentary or Assembly Constituency?
      Ans. Electoral Registration Officer (ERO)
      The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.
      Q 19. Who conducts the poll at a polling station?
      Ans. Presiding Officer
      The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.
      Q 20. Who appoints the Electoral Registration officer?
      Ans. Under section 13B of the Representation of the People Act, 1950, the Election Commission of India, in consultation with the State / UT Government, appoints an Officer of the Government or the Local Authorities as the Electoral Registration Officer. In addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation / revision of electoral rolls.
      Q 21. Who appoints Presiding Officers and Polling Officers?
      Ans. District Election Officer (DEO)
      Under section 26 of the Representation of the People Act 1951, the District Election Officer appoints the Presiding Officers and the Polling Officers. In the case of Union Territories, such appointments are made by the Returning Officers.
      Q 22. Who appoints Observers?
      Ans. Election Commission of India (ECI)
      Under section 20B of the Representation of the People Act 1951, the Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies. They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of Observers was made under the plenary powers of the Commission. But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments. They report directly to the Commission.

    • Parliament

      By ECI, in Parliament,

      Q 1. What is the composition of Parliament of India?
      Ans. According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
      Q 2. Who elects the President of India?
      Ans. The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.
      Q 3. What is the manner of election of President?
      Ans. According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States, the number of votes to which each State is entitled is determined as follows:-
      (a) every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;
      (b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;
      (c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
      The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
      Q 4.What is the term of office of President?
      Ans. The President shall hold office for a term of five years from the date on which he enters upon his office.
      Q 5. Will there be any situation in which the President demits office before the five year term?
      Ans. Yes
      There will be two such situations. The first is when the President resigns his office by writing under his hand addressed to the Vice-President and the second when the President is removed from office by impeachment for violation of the constitution.
      Q 6. What is the procedure for impeachment of the President?
      Ans. According to Article 61 of the Constitution, when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. No such change shall be preferred unless (a) the proposal to prefer such change is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-third of the total membership of the House.
      Q 7. Is the President eligible for election for a second term?
      Ans. Yes
      According to Article 57 of the Constitution, a President is eligible for re-election to that office.
      Q 8. What are the qualifications for election as President?
      Ans. According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People. A person shall not be eligible if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government.
       
      Q 9. Can a Member of Parliament or the State Legislature become the President?
      Ans. The President shall nor be a member of either House of Parliament or of a House of the Legislature of any state and if any such member is elected President he shall be claimed to have vacated his seat in that House on the date on which he enters upon office as President.
      Q 10. Who elects the Vice-President of India?
      Ans. The Vice-President is elected by the members of an electoral college consisting of the members of both House of Parliament.
      Q 11. What is the manner of election of Vice-President?
      Ans. The election is in accordance with the system of proportional representation by means of the single transferred vote and the voting is by secret ballot.
      Q 12. What is the term of office of Vice-President?
      Ans. The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.
      Q 13. Will there be any situation in which the Vice-President demits office before the five-year term?
      Ans. Yes
      There will be two such situations. The first is when the Vice-President resigns his office by writing under his hand addressed to the President and the second when he is removed from office.
      Q 14. What is the procedure for removal of the Vice-President?
      Ans. The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
       
      Q 15. What are the qualifications for election as Vice-President?
      Ans. According to Article 66 of the constitution, no person shall be eligible for election as Vice-President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the Council of States. A person shall not be eligible if he holds any office of profit under any local or other authority subject to the control of any of the said Governments.
      Q 16. Is there any provision for challenging the election of President or Vice-President?
      Ans. Yes
      According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Further, according to section 14 of the Presidential and Vice-Presidential Elections Act, 1952, an election petition can be filed before the Supreme Court.
      Q 17 What can be the maximum number of members of Rajya Sabha?
      Ans. 250
      The maximum number of members of Rajya Sabha can be 250. Article 80 of the Constitution of India provides that 12 members are to be nominated by the President of India and not more than 238 representatives from the States to be elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote.
      Q 18. Are they all elected?
      Ans. No
      All of them are not elected. As mentioned above, 12 are nominated and 238 are to be elected.
      Q 18 A. What is the present strength of Rajya Sabha?
      Ans. 245 Members.
      12 are nominated and 233 are elected.
      Q 19. What is the life of Rajya Sabha?
      Ans. Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83 (1) of the Constitution of India. But as nearly as possible, one third of its members shall retire every 2nd year and an equal number of members are chosen to replace them.
       
      Q 20. Who elects the members of the Rajya Sabha?
      Ans. Elected members of the State Legislative Assemblies
      Article 80(4) of Constitution of India provides that members of Rajya Sabha shall be elected by the elected members of State Legislative Assemblies through the system of proportional representation by means of the single transferable vote.
      Q 21. Who nominates the members of the Rajya Sabha?
      Ans. President of India
      The President of India nominates 12 members of Rajya Sabha as mentioned earlier.
      Q 22. Is there any special qualification for nomination?
      Ans. Yes
      Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service.
      Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age.
      Q 23. What is the term of Lok Sabha?
      Ans. Normal Term : 5 years
      Article 83 (2) of the Constitution stipulates that Lok Sabha shall have a normal term of 5 years from the date appointed for its first meeting and no longer. However, the President may dissolve the House earlier.
      Q 24. What can be the maximum number of members of the Lok Sabha?
      Ans. 550
      The maximum number of elected members of Lok Sabha is 550. Article 81 of the Constitution provides that not more than 530 members will be elected from the States and not more than 20 members from Union Territories. Article 331 of the Constitution provides that not more than 2 members from the Anglo Indian Community may be nominated by the President of India, if in his opinion that community is not adequately represented in that House.
      Q 25. How are the members of Lok Sabha elected?
      Ans. Under Sec 14 of Representation of People Act 1951, the President of India by a notification will call upon the constituencies to elect their members to the House of People. Thereafter the electors of the Parliamentary Constituencies will directly elect the Lok Sabha members. As per article 326 of the Constitution of India, elections to the House of the People shall be on the basis of adult suffrage.
      Q 26. How many members are elected by the electors of a Parliamentary Constituency?
      Ans. One
      Each Parliamentary Constituency will elect only one member.
      Q 27. Was this the position from the very beginning?
      Ans. No
      Prior to 1962, there were both single - member and multi member constituencies. These multi - member constituencies used to elect more than one member. The multimember constituencies were abolished in 1962.
      Q 28. When was the 1st general election held in India?
      Ans. 1951-52
      The first general election was held in India during 1951 - 1952.
      Q 29. At that time, what was the total strength of the Lok Sabha?
      Ans. The total strength of Lok Sabha at that time was 489.

About ECI

eci-logo.png.2e8f591ce7b8147f8f3148bcd50The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. 

What's New in this website

eci-logo.png.2e8f591ce7b8147f8f3148bcd50

The Election Commission of India announced the launch of its newly designed website. The completely revamped website features a streamlined and simplified design, improved functionality, and enriched content areas which will help all visitors to make well-informed decisions about their election-related needs and goals. ECI has launched the preview of the new site, and on final migration, Hindi version will be made live. View Rajbhasha Page.

×