POSTAL BALLOT PAPER

Prepared By :ASHISH CHAKRABORTY

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Voters entitled to vote by post

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Relevant provisions of election law

Sec.20 of RP Act, 1950 – Definition of Ordinary Resident

Sec. 60 of RP Act., 1951 – Special provisions for certain classes of voters

Rule. 17, 18(a)&(c), 20-21 & 27B of CE Rules, 1961

Service Voters (including their wives) except those Classified Service voters, as defined in Rule 27M of CE Rules 1961, who opted for proxy voting.

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].

Electors subjected to preventive detention under any law .

Following class of electors can exercise their voting right through Postal Ballot Paper (PB)

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Contd… Voters on election duty - These include Presiding/Polling Officer, State Police personnel (other than those who are on leave) , Observers and staff accompanying them, Micro Observers, staff engaged in work related to elections, such as videographers, staff of expenditure monitoring teams, staff working in control room, helpline staff, those appointed for dispatch and receiving of poll material, EVM maintenance, BLOs, Drivers/Helpers etc. actually employed on requisitioned vehicles also.

Notified voters – In special circumstances such class of persons is notified . By ECI under Sec. 60 (c) of RP Act 1951.

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Design of postal ballot papers

Design of postal ballot papers (PB) (ECI direction under R.22 of CE Rules, 1961 reproduced in ROs handbook) :-

It shall have counterfoil attached to it at the top.

In election to House of People PB shall be printed on White paper and for election to Legislative Assembly on Pink paper.

Width of PB shall be between 3" and 4".

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Contd…Single column - up to 9 candidates – In case of

indivisible numbers of candidates, e.g. 11 candidates' first six candidates will be shown in first column and remaining 5 will be shown in second column, and space at the end of second column for 12th candidate will be completely shaded.

Names of candidates shall be arranged in the same order under 3 categories in which they appear in the list of contesting candidates (Form 7A). However, headings of categories should not appear in PBs.

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Contd… Symbols will not be printed. Party affiliation, if any, shall be printed along with the

name of candidate.

Party affiliation will be shown for the candidates set up by all political parties (recognized and unrecognized both).

For independent candidates the word "Independent" will be printed.

PB will be printed both in official language of the State and also in English where it is not official language of the State/ UT.

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Language of postal ballot paper

As per Direction issued by ECI under Rule 22 of CE Rules 1961 –

i. Counterfoil in English only.ii. Particulars of Candidates and party affiliation in

official language of the State and English both.iii. Particulars in official language of the State will

appear first over those in English.iv. Particulars of Constituency and election in ballot

paper will appear in English only.

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Printing of postal ballot papers

DEO responsible for printing of PB for all ACs/ PCs within the District.

i. In the first phase, printing of postal ballots for service voters should be completed within 24 hours of withdrawal of candidatures.

ii. For other categories these should be printed in 2nd phase and within 72 hours of withdrawal.

iii. To be stitched in bundles of 50 ballot papers.iv. Ensure that Serial number on postal ballot and

on its counterfoil are identical.

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Dispatch of PB to service voters

• PB for the service electors will be centrally dispatched from the District Head Quarters itself.

• The District Electoral Officer will appoint a suitable officer as the Nodal Officer to supervise the entire process of dispatching postal ballots to service electors.

• The DEO will co-ordinate with the senior officials of the Postal Department to ensure that a team of postal department officials receives covers containing the postal ballot papers from that location itself and the ballots are sent to the right address without any delay.

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Contd…• The details of postal ballots sent AC wise shall be

maintained in the form of a register giving the details and the signature of the postal authorities shall be obtained in the register.

• Each R.O shall depute a team of officers including an ARO with details of Service Electors to whom PBs are to be dispatched on the basis of the last part of the electoral roll.

• Service voters, who opted for proxy voting, not to be issued PB.

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Contd…• One of the Observers available in the district

headquarters shall personally monitor the entire process of dispatch.

• Observer to send a detailed report to the Commission as soon as the dispatch of postal ballots meant for service voters is completed.

• The entire process must be video graphed.• In advance keep ready addressed Envelopes for

(Forms 13-B and 13-C), complete Form 13-D (instructions for guidance of electors) together with blank Form 13-A (declaration by elector).

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Contd…• Enter the Part Number of roll and Sr. No. of the elector on the

counterfoil.

• Mark "PB" against the entry of elector in the marked copy of last part of electoral roll.

• Sr. No. of postal ballots shall not be mentioned in the marked copy of roll.

• Sr. No. of ballot to be written in ink correctly on the envelope (Form 13-B) containing PB.

• Fill up the hour and date fixed for commencement of counting of votes in the relevant space provided in Form 13D. 13

Contd…• The covers in Form 13-B and 13-C for election to

House of People will be in Green color and for Legislative Assembly in Pink color.

• Write "W" on the cover in 13-C in the case of female voter.

• Postal Ballot Paper, Form 13-B & 13-C, Form 13-A and Form 13-D as prepared will be put inside a larger cover addressed to the service voter.

• Proper postage stamps should be affixed on above larger cover.

• Separate larger cover for each elector, even in the case of husband and wife.

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Contd…• Address/ particulars, on the covers must be clear and

proper. (otherwise the PB will come back undelivered)

• All larger covers addressed to service voters attached to each record office will be put inside one packet and the packet will be dispatched to record office by the Postal Department Staff.

• For service voters employed under GoI in a post outside India, these shall be sent by ordinary airmail service.

• Voters, who have been issued PB, are not entitled to vote in person at a PS.

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References

• ECI letters No. 52/2008 JS-II dated 21st October 2008

. • No. 52/2009/JSII SDR dated 4th February 2009.• No.52/2009/SDR (JS-II) dated 25th March 2009.• No.52/2012/SDR dated 13th August 2012.

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Sealing of counterfoils and marked copy of Rolls

I. Counterfoils of postal ballots, issued, shall be sealed by RO in a packet.

II. Marked copy of last part of Electoral roll relating to service voters, also to be sealed in separate packet.

III. Brief description of contents inside the packet with date of recording to be mentioned on both these packets and kept in safe custody of RO.

IV. These packets to be transmitted to DEO for safe custody after declaration of result.

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Return of polled PB from service voters

R.O. to give a daily report to the Observer concerned when he starts receiving the polled postal ballot papers from the service voters indicating the cumulative number of such polled PBs.

When the Observers leave the constituency after the poll is over they shall indicate the number of postal ballots received till the date of departure in their report to the Commission.

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Intimation by other categories of voters to vote

by post Except Service voters and Electors under

Preventive Detention (whose name and details are furnished by the State Govt.) all other class of electors eligible to vote by post have to be intimate/ apply to the RO in Form-12 of CE Rules 1961 in advance for issue of Postal Ballot paper.

Intimation by special voter at least 10 days before poll. (R.19)

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Intimation by electors under Preventive Detention

In case of electors under preventive detention, the Home department will communicate to RO within 15 days after the date of notification of the election- about the –

a. names and addresses of all such voters in the AC

b. respective places where they are being so held.

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Contd…

c. Elector may also send intimation to RO specifying name, address, Part No. & Sr. No. in the roll and place of detention.

d. In either case, before sending PB, it is to be ensured that the name is entered in the roll and the person is held under preventive detention.

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Issue of postal ballots to other categories

Special voters & electors under prevention detention :-

(i) PBs shall be sent by registered post, to special voters, (on application in Form 12) and electors under preventive detention along with :-

(a) Form of Declaration in Form - 13-A. (b) A cover in Form 13-B (containing postal ballot paper) (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.

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(ii) Above documents [at (a), (b), (c) and (d)] shall be placed inside a larger cover. This cover should be properly addressed and postage stamp shall be affixed.

(iii) PB can be delivered personally to a special voter in place of sending by post.

(iv) Postal ballots be issued as expeditiously as possible.

(v) Write "W" on the cover in Form 13-C in case of female voter.

Contd…

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Contd… Voters on election duty --a. Sponsoring authorities to create a database of its employees

in which all electoral information of its employees – like complete residential address where the staff is enlisted in the electoral roll, No. & name of Assembly Constituency, Part No. of relevant electoral roll and the serial number at which the name is registered, EPIC No., name of polling station, shall be incorporated.

b. The sponsoring authority to forward the list of its employees to the CEO / DEO with the relevant information.

c. In case electoral information in respect of any polling official is not received from the sponsoring authority, the RO has to collect this information using web search and SMS query facility.

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Contd…d. The RO should generate through software application

in Form-12 for all the employees who are issued call letters for training and send pre-printed Forms to the employees along with the call letter requesting them to bring signed applications in Form-12 on the date of the first training.

e. RO should keep ready postal ballot papers for issue to all employees at the time of training.

f. One officer should be deputed by RO for issue of PB and to maintain an account thereof.

g. Postal ballot papers not issued in the first training shall be reissued on the subsequent training.

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Contd…

h. The RO to keep all unissued pre-prepared PBs after all trainings are over, in a separate sealed cover with proper record of employees who could not be issued postal ballot papers.

i. These employees will be entitled to vote in person in the normal course at the polling station in which he is registered as an elector.

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Facility for casting of votes to other categories

Voters on election duty --

i. Postal ballot papers shall be distributed to the polling officials on the second round of training after verification of ID.

ii. A facilitation centre with drop box shall be opened for collection of postal ballot from polling personnel at the training venue during all training sessions.

iii.One Gazatted officer shall remain present during training sessions for verification of declaration in Form 13A.

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Contd…

• Separate time should be allocated in the training for explaining the procedure of marking and depositing of postal ballot papers.

• Time should also be given for employees to fill up declaration in Form 13A, verification by Gazetted officer, marking of postal ballot, and depositing of postal ballot in the ballot box.

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Contd…

• A ballot box shall be kept at the training location, to facilitate employees to deposit their postal ballots in this ballot box after marking them.

(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)

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Postal Ballot for Police Personnel on poll duty

• 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 in W.P. No.4783 of 2006 titled K. Shivakumar Vs. CEC & Ors. 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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Contd…

a. State Police Deptt./ Superintendent of Police to incorporate in the database of all police personnel all electoral information of its staff -like complete residential address, with PIN code, where the staff is enlisted in the electoral roll, No. & name of Assembly Constituency, Part No. of relevant electoral roll and the serial number at which the name is registered, EPIC No., name of polling station etc..

• This SP should be informed about the manner in which the electoral information can be easily found out by doing name search on the internet at website of CEO and also by sending SMS query.

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Contd…• Have to submit application in Form-12 for

availing the facility of PB, within the period given in rule 20 of C.E. Rules, 1961.

• RO to ensure issue of postal ballot papers to all police personnel whose application in Form-12 are received in time through SP. This can be combined with training of police officer on poll duty.

• SP should then organize a special facilitation camp for police officers on poll duty for casting postal ballots.

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Contd…• One Gazetted officer should be deputed for attestation of

the Form of Declaration in Form-13A made by elector to whom PB is issued.

• Register should be maintained to keep correct account of PBs issued.

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

(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012 and 16/10/2012)

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Postal Ballot for Drivers/ Conductors and Cleaners

I. DEO to appoint a nodal officer for requisitioning of vehicles for poll duty It shall be the duty of the nodal officer to collect

II. information needed to issue postal ballots to drivers/conductors/cleaners

III. of requisitioned vehicles. who shall collect information from Vehicle owners about No. and name of Assembly Constituency, EPIC no. and serial no. in electoral roll, no. and name of polling station where he is enrolled.

IV. Drivers/ Cleaners should bring their EPIC when they report duty.

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Contd…

V. One Officer well trained in the process of elector search should be deputed.

VI. From the EPIC details of information, regarding complete address no. and name of AC, Polling Station where he is enrolled EPIC no. should be entered in a register. He may also use search facility.

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Contd…

VII. The Nodal Officer shall get the signature of Drivers/ Cleaners/ Conductors in Form 12 and send to RO at least 7 days before poll date, so that the RO issues postal ballots to them and make enters of PB in the marked copy of the roll

(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012)

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Record of postal ballot papers and EDCs

(R. 20 (2) and 23 of CE Rules, 1961) :-

• In the marked copy of roll "EDC" or "PB", shall be marked against the name of such elector.

• The counterfoils should be sealed in a separate packet and kept in safe custody.

• After marking "PB" or "EDC", in all cases, marked copy of electoral roll to be sealed and be supplied to the concerned Presiding Officers for the use at PS.

• Serial number of PBs not to be mentioned in the marked copy of roll.

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Register of postal ballot papers

i. A Register of PB issued to persons drafted for election duty to be maintained.

ii. A separate register to keep a record of issue of PBs to all categories and PBs received back.

iii. Format of account Register of PB issued to voters on election duty given in next slide

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Sl. No

Name of thePerson drafted for election duty and who has submittedForm-12 for Postal BallotPaper

Name and Number of the Assembly Constituency in which the person is deployed on election duty

Whether theperson is registered as an elector intheconstituency (Yes/No)

If yes,Part No.& SerialNumberinElectoralRoll

Date on which Postal Ballot Paper issued

Whetherthe personcollectedthe PostalBallotPaper inPerson (Yes/No)

If yes, Signature of the personwith date astoken of receiptof P.B.

If no, whetherthe RO has taken action to deliver the P.B at the person’saddress (Date of Delivery)

Whether the person voted at the facilitation centre (Yes / No )

1 2 3 4 5 6 7 8 9 10

ACCOUNT REGISTER OF POSTAL BALLOT PAPERS ISSUED TO PERSONS DRAFTED FOR ELECTION DUTY

Number and name of the Assembly Constituency::___________________________ Date of Training Session at which facilitation centre was provided____________________ (if there are more than one date, information may be maintained separately for each date) Place of facilitation Centre________________________________________________________

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Supply of second set of ballot papers

Second postal papers along with connected papers, may be issued only if –

a. it returned undeliveredb.elector has inadvertently spoilt it or any

connected paper in such a manner that it cannot be used.

RO shall cancel the spoilt ballot papers so returned, seal them in a packet and note the Sr. No. of PB.

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Return of postal ballot papers

i. Every day a designated officer should take all the contents of the box, make necessary entries in the Register.

ii. keep the register and the sealed covers of PBs under proper lock and key.

iii. Entries in the register should be countersigned by RO/ARO on each day.

iv. Polled PBs received back before commencement of counting shall be treated as received in time.

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Contd…v. PBs received late, i.e. after commencement of counting of

votes, not to be counted and must be rejected.

vi. Date and time of receipt to be noted on covers. Such entry should be made in register also.

vii. Such rejected PBs not to be included in Form 20 and 21-E.

viii. To facilitate speedy return of postal ballot papers a special box with secured locks, should be kept in the office of RO, so that voters who have received PBs may come and drop in that box their marked ballot papers.

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Issue of E.D.C. {R. 22 (2) of CE Rules 1961 }

a. "Election Duty Certificate" in Form 12 B may be given to Presiding Officers, Polling Officers and other public servant posted on election duty within the same constituency but in a different polling station and not to a polling agent.

b. "EDC" on application in Form 12-A only.c. "EDC" holders should not to be issued PB.d. All persons on election duty to apply for PB rather

than EDC.

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COUNTING OFPOSTAL BALLOT

PAPER

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Counting of votes received by post

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Relevant provisions of election law

Sec.64 of R.P. Act, 1951 –Done under the supervision and direction of the RO.Candidate/ election agent/ counting agents have right to be present. Rule.54A of C.E. Rules, 1961— Counting of PBs to be taken up first.

Cover in Form 13C ( containing PB) received after expiry of time fixed for counting shall not be opened.

Covers in Form 13C received in time to be opened one after another.

The declaration in Form 13A to be scrutinsed first.

steps to be taken for counting of Postal Ballot Paper (PB)

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Contd… Do not open (Form13B) containing the PB If declaration

in Form 13A not found inside Form 13 B. Reject the PB by making suitable endorsement on the cover (Form13B) containing the PB.

The declaration in Form 13A not to be treated as proper declaration in following cases---- Declaration is not signed by the elector; Declaration is not attested; Declaration is not attested by authorized person; The Sl. No. of ballot paper is different from the Sl.No.

written on the cover in Form 13B

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continued….

Do not open (Form13B) containing the PB unless the declaration in Form 13A is found to be proper.

The declarations in Form 13A not found in order to be put back inside the respective cover in Form 13C

All such covers in Form 13C to be kept in a separate packet and sealed

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Procedure for counting of PBs

Place all declarations in Form 13A found in order in a separate packet and seal it before taking out the polled PBs from the covers in Form 13B.

Record name of the constituency, date of counting and a brief description of its content on the packet.

Now Open each Form 13B and take out the PB and scrutinize to decide its validity.

Repeat this exercise till all PBs are taken out from their covers in Form 13B.

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Grounds for rejection of PB If there is any mark or writing by which elector

can be identified. If no vote is recorded. If vote is given in favour of more than one

candidate. If vote is recorded in such a manner that it is

doubtful to which candidate it has been given. If it is a spurious Ballot Paper. If the PB is not put inside the cover in Form 13B

but kept with the declaration in Form 13A inside the larger cover in Form 13C.

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Grounds not sufficient for rejection of PB

The PB to be treated as valid if the intention of the voter clearly appears from the way the Ballot Paper is marked. There is not particular mark prescribed by law for recording of vote.

Do not reject a PB on following grounds--

1)The mark indicating the vote is indistinct.2)The mark is put more than once against the same candidate .

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Action after completion of counting of PB

record the total of valid votes polled in favour of each candidate.

record the total in the result sheet in Form 20 and announce the same.

make a bundle of all the valid PBs. make a separate bundle of PBs rejected at the

time of counting. keep the two bundles of valid and rejected

PBs in a packet and seal it with seal of RO and candidates etc.

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Suggested Reading Material

(i) Sec.20 of the RP Act,1950

(ii) Section 60 and 64 of the RP Act, 1951

(iii) Conduct of Election Rules, 1961[Rule. 17, 18(a)&(c), 20-21 & 27B and 54A ]

(iv) RO's Hand Book

(v) Instructions of ECI--(iii) ECI letters No. 52/2008 JS-II dated 21.10.2008. (iv) No. 52/2009/JSII SDR dated 04.02. 2009 and 25.03.2009(v) No.52/2012/SDR dated 13.08.2012 and 16.10.2012

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THANK YOU

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