Government of Rajasthan Election Department

Presentation on

Postal Ballots

in

Vidhan Sabha Election 2013

1

.…Postal-Ballot Papers 

Voters entitled to vote by post

(Sec. 60 of RP Act., 1951; Sec.20 of RP Act, 1950; R. 17, 18(a) & (c), 20-21 & 27B of CE Rules, 1961) (a) Service Voters (including their wives) - (except those who opted for proxy voting) (b) Special Voters - (including their wives) who are holding declared offices. [List of such declared offices is given in footnote below at Sec. 20 of RP Act, 1950].

(c) Electors subjected to preventive detention.

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....Postal-Ballot Papers ....Voters entitled to vote by post (d) Electors on election duty – Persons and Staff who are specifically assigned any official work in connection with elections on the day of poll & can not be able to vote at normal PS. These include all police personnel (except those on leave), HGs, DEOs/ROs/AROs & their Staff, Control Room Staff, Videographers/Staff of EEM (ECI’s No.52/2012/SDR dt. 01.11.2012) Teams/ ZOs/SOs, BLO, MOs, Drivers/Cleaners, etc. also.

(e) Notified voters.

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.…Postal-Ballot Papers 

Intimation by other categories of voters as to vote by post

Ch. X of RO Hand Book) – (R.19 and 20(1) of CE Rules, 1961; i.

By

special voter

in Form 12 at least 10 days before poll. (R.19) ii. By an elector on

election duty

in Form-12 along with duplicate copy of appointment/ duty letter ( R. 20(1) ).

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.…Postal-Ballot Papers  

Issue of E.D.C.

(R. 22 (2) of CE Rules 1961 and Ch. X of RO Hand Book)

– If a person is not able to cast his vote at the PS where he is enrolled, for reason of being on election duty, such person is entitled to an EDC if he is on duty in the same constituency where he is enrolled as a voter.

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.…Postal-Ballot Papers • EDC in Form 12-B.

• EDC on application in Form 12-A only.

• EDC holders not to be issued PB.

• All persons on election duty to apply PB rather than EDC- Reason is that the staff are assigned duty outside their AC and further that they come to know about the place of duty only at the last moment. One more reason is that issuing PBs and casting of vote by PBs at facilitation center will be more convenient and transparent.

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.....Smooth Management of PBs- Preparation of Database 

Postal Ballot for Police Personnel -

• All police force from Constable to DGP are notified under Sec.28A of R.P.Act, 1951 as on deputation to ECI during election period.

• On the basis of judgment of Hon’ble Madras High Court dated 22.08.2012 all police personnel, except those on leave during the election period, are treated as personnel on election duty and hence entitled to vote by Postal Ballot.

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.....Smooth Management of PBs- Preparation of Database 

Database of all police personnel

– • The SP should prepare the database of all police personnel (including home guards, to be deployed on election duty).

• Enrolment status of all police personnel to be collected in the database.

• Along-with other information about No. & name of AC, No. & Name of PS, Sr. No. in Part where the person is enrolled and EPIC of each person should be captured in the database.

• Cell phone number and E-mail Ids, if any, of all persons shall be collected and stored in the database.

• The work of preparation of database should be completed by 31.08.2013.

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• Pre-filled Form-12 shall be delivered to the police personnel along with his duty order or by any other means atleast 15 days before the poll.

• Police personnel have to submit Form-12 for availing the facility of PB, so as to reach RO atleast 7 days or such shorter period as the RO may allow before poll.(u/r 20(1)).

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.....Smooth Management of PBs- Preparation of Database • RO shall issue PBs to all police personnel whose Form-12 are received in time through SP. This can be combined with training of police officer on poll duty.

• SP should organize a special facilitation camp for police officers for casting PBs.

• One Gazetted officer for attestation of Declaration in Form-13A at Facilitation Camp.

• Register for correct account of PBs issued.

• A ballot box shall be kept at the facilitation centre and police officers who have been issued PB should deposit PB in this box after marking.

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....Smooth Management of PBs - Issue of Pre-filled Form 12 • A note should be printed at the bottom of Form 12 , that the employee should check it and make corrections, if any.

• Form-12 should be personnel through the SP.

distributed to police • Signed Form-12 should be collected by the DEO along with a copy of appointment letter before the last date of withdrawal of candidature.

However, if for some reason Form-12 can be collected even after the date.

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....Smooth Management of PBs 

Issue of Postal Ballots-

 Signed Form 12 so collected should be sent to RO for issue of PB.

 All employees including police personnel and drivers etc., will be called at least once for training for the purpose of facilitation of postal balloting. If more than one training session is organized facilitation of postal balloting should be done in each session.

 The RO will issue PBs as soon as signed Form 12 are received.

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.…Postal-Ballot Papers PB envelops shall be prepared by R.O., which contain: (a) A declaration in Form - 13-A.(Sr. No. of PB to be filled up).

(b) A cover in Form 13-B (containing postal ballot paper) (Sr.No. of PB to be written correctly).

not found) (Reason of rejection, if Sr.No. of PB

(c) A cover addressed to the RO in Form 13-C (without postage stamp) (d) Instructions for the guidance of the elector in Form 13-D. (Date and time of commencement of counting to be filled up).

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....Smooth Management of PBs ....Issue of Postal Ballots • RO will send the prepared PBs directly to the OIC of concerned facilitation center for being delivered to the employee.

• Employees are generally not sent for election duty outside their district. If however it becomes necessary to send a PB to a Facilitation Center outside the district the DEO will co-ordinate with the DEO of the other district

.

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....Smooth Management of PBs

Procedure at the Facilitation Center (FC) –

 DEO shall appoint one senior officer as OIC of PB at each FC.

 All Recognized

Political Parties will be informed

shall be

in writing

facilitation of postal balloting at FC. They allowed

the

to

schedule

send of their representatives to witness the facilitation process.

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....Smooth Management of PBs ....

Procedure at the Facilitation Center



In each training session, after training is over, at least

2 hours shall be set apart

for facilitation of postal balloting.



Arrangement shall be made for candidates

to sit and watch the process of facilitation without interfering with the process. If any person interferes with the process of facilitation, the OIC of facilitation can order such a person to leave the premises immediately.

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....Smooth Management of PBs ....

Procedure at the Facilitation Center



Voting compartments

(as in a PS) shall be made in each FC for marking the PBs by employees in complete secrecy. Arrangement of glue/gum also be made to seal the envelopes.



At least one

gazetted officer

shall be put on duty by the DEO at each FC to attest the declaration in Form 13A based on the identification of the voter by his identity documents.

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....Smooth Management of PBs ....

Procedure at the Facilitation Center



Issue of PBs at the Facilitation Center

– OIC of FC will issue the PB received from the RO to the voter for whom it is meant after verifying his identity based on EPIC or any other photo identity document, and obtain his signature in a register in the same format as Form 17A kept at polling stations.

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....Smooth Management of PBs ....

Procedure at the Facilitation Center



Process of Postal Balloting

 After receiving his PB, the voter shall go into the voting compartment and mark the PB in secrecy.

He shall then keep the marked PB in the inner envelope (Form 13B) and seal it properly.

 The voter shall then sign the declaration in Form 13A and get it attested by a gazetted officer. He shall write the serial number of the PB paper if not already filled up in Form 13A.

 He shall then keep the inner envelope (Form 13B) and the signed & attested declaration in Form 13A in the outer envelope (Form 13C) and seal this as well. The voter will then cast his PB in the Facilitation Ballot Box.

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....Smooth Management of PBs .... Procedure at the Facilitation Center 

A large steel trunk with one opening at the top for casting of PBs

shall be used as a facilitation ballot box. Before the casting of PBs is started the empty facilitation ballot box will be shown to all present. The facilitation ballot box will then be sealed by the OIC of FC. Every voter shall cast his PB in the Facilitation Ballot Box after marking it and sealing it in the envelopes.

 A.C. wise sorting of PBs will be done by Incharges of Facilitation Centre.



Videography

- The entire process of postal balloting will be videographed .

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FORM 13A

[See rule 23(1) (a)]

DECLARATION BY ELECTOR

Election to the *………………………………………………………………..

(

This side is to be used only when the elector signs the declaration himself

) I hereby declare that I am the elector to whom the postal ballot paper bearing serial number........................... has been issued at the above election.

Date: Signature of elector Address: _______________

Attestation of signature

The above has been singed in my presence by…………………………………………… (elector) who** is personally known to me/has been identified to my satisfactions by……………………………………. (Identifier) who is personally known to me.

Signature of Attesting officer. __________________ Designation__________________ Signature of identifier, if any…. Address __________________ Address___________ Date: (

This side is to be used when the elector cannot sign himself)

I hereby declare that I am the elector to whom the postal ballot paper bearing serial number………………. has been issued at the above election.

Date: Signature of Attesting Officer on behalf of elector.

Address of Elector: _________________________________

CERTIFICATE

I hereby certify that — (1) The above named elector** is personally known to me/has been identified to my satisfaction by………… (Identifier) who is personally known to me; (2) I am satisfied that the elector** is illiterate/suffers from………………………….. (Infirmity) and is unable to record his vote himself or sign his declaration; (3) I was requested by him to mark the ballot paper and to sign the above declaration on his behalf; and (4) The ballot paper was marked and the declaration signed by me on his behalf in his presence and in accordance with his wishes.

Signature of Attesting Officer…………………….

Design ation: …………………… Signature of identifier, if any ……………….

Address: ……………………………… Address: ……………………..

*Here insert one of the following alternatives as may be appropriate: (1) House of the People from the ………………………… Constituency.

(2) Legislative Assembly from the ………………….. Constituency.

(5) Legislative Council by the Members of the Legislative Assembly (6) Legislative Council from the ……………………… constituency.

Date: _____________________________________________________________________________________ (3) Council of States by the elected members of the Legislative Assembly of………………………………………… (State) (4) Council of State by the members of Electoral College of …………………………….. (Union territory) “Strike off the inappropriate alternative. 21

Form 13B Cover A NOT TO BE OPENED BEFORE COUNTING

Election to the* …………………………………………….

………………………………………………………………………

POSTAL BALLOT PAPER

Serial number of Ballot paper…………………….

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FORM 13 C

R ‘B’

B

[“Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay-- Rule 23(4) of the Conduct of Elections Rules, 1961”]

ELECTION-IMMEDIATE

SERVIC E UNPAID

POSTAL BALLOT PAPER

For……………………………………………………………. Constituency (NOT TO BE OPENED BEFORE COUNTING) TO The Returning Officer, ---------------------------------- --------------------------------- Signature of sender PIN 23

FORM 13D

[

See

rule 23(

1

)(

d

)]

INSTRUCTIONS FOR GUIDANCE OF ELECTORS

(To be used at an election to the House of the People or to the Legislative Assembly of a State)

Election to the*............................................from the……………..………………………………………………………………… The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. Record your vote by placing clearly a mark opposite the name of the candidate to whom you wish to give your vote. The mark should be so placed as to indicate clearly and beyond doubt to which candidate you are giving your vote. If the mark is so placed as to make it doubtful to which candidate you have given your vote, your vote will be invalid. The number of members to be elected is one. Please remember that you have only one vote. Accordingly you should not vote for more than one candidate. If you do so, your ballot paper will be rejected. Do not put your signature or write any word or mark any mark, sign or writing whatsoever on the ballot paper other than the mark required to record your vote. After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked 'A' sent herewith. Close the cover and secure it by seal or otherwise. (1) You may then sign the declaration in Form 13A also sent herewith in the presence of a stipendiary magistrate and obtain the attestation of your signature by such stipendiary magistrate. (2) If you are a member of the armed forces of the Union or of an armed police force of a State but is serving outside that State, the attestation may be obtained by such officer as may be appointed in this behalf by the Commanding Officer of the Unit, ship or establishment in which you or your husband, as the case may be, are employed. (3) If you are employed under the Government of India in a post outside India the attestation may be obtained by such officer as may be appointed in this behalf by the diplomatic or consular representative of India in the country in which you are resident. (4) If you hold an office like the office of the (i) President, (ii) Vice-President, (iii) Governors of States, (iv) Cabinet Ministers of the Union or of any State, (v) The Deputy Chairman and Members of the Planning Commission, (vi) The Ministers of State of the Union or of any State, (vii) Deputy Minister of the Union of any State, (viii) The Speaker of the House of the People or of any State Legislative Assembly, (ix) The Chairman of any State Legislative Council, (x) Lieutenant Governors of Union territories, (xi) The Deputy Speaker of the House of the People or of any State Legislative Assembly, (xii) The Deputy Chairman of the Council of States or of any State Legislative Council, (xiii) Parliamentary Secretaries of the Union or of any State, the attestation may be obtained by an officer not below the rank of a Deputy Secretary to the Government of the Union or the State, as the case may be. (5) If you are on an election duty, attestation may be obtained by any gazetted officer or by the Presiding Officer of the polling station in which you are on election duty. (6) If you are under preventive detention, the attestation may be obtained by the Superintendent of the jail or the Commandant of the detention camp in which you are under detention. In all the above cases you may take the declaration to the authorised officer and sign it in his presence after he has satisfied himself about your identity. The officer will attest your signature and return the declaration to you. You must not show your ballot paper to the attesting officer nor tell him how you have voted.

If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and declaration signed on your behalf by any of the authorised officer mentioned above. Such an officer will, at your request mark the ballot paper in your presence and in accordance with your wishes. He will also complete the necessary certificate in this behalf. After your declaration has been signed and your signature has been attested, place the declaration in Form 13A as also the smaller cover marked 'A' containing the ballot paper in the larger cover marked 'B'. After closing the larger cover, send it to the returning officer by post or by messenger. You have to give full signature in the space provided on the cover marked `B'.

*Appropriate particulars of the election, to be inserted here

.

No postage stamp need be affixed by you, if the cover is posted in India. If, however, you are an elector employed under the Government of India in a post outside India, you should return the cover to the returning officer concerned direct by air mail service after the requisite postage stamp is duly affixed thereon by the office in which you are serving except where it is sent by diplomatic bag. You must ensure that the cover reaches the Returning Officer before** ....................**on................................. Please note that : — (i) If you fail to get your declaration attested or certified in the manner indicated above, your ballot paper will be rejected; and (ii) If the cover reaches the returning officer after**.....................................on the**........... ......................your vote will not be counted. _____________________________________________________________________________________________ **(

Here specify the hour and date fixed for the commencement of counting of votes).

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