¹[7. ²[* * *] (1) The Commission shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies.

(2) The Commission may appoint as many Assistant Returning Officers as may be necessary:

Provided that no Assistant Returning Officer shall be appointed for more than one constituency.

(3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Order and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the Returning Officer, the power and functions of the Returning Officer.

(4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.

(5) Subject to the superintendance, direction, and control of the Commission, the Returning Officer shall supervise all work in the district ³[or constituency] in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.

(6) The Commission may, at any time, for reasons to be recorded in writing, withdraw any officer performing any duty in connection with an election, or any other public functionary, or any other law enforcing personnel who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it may consider necessary for the performance of the functions of the officer or person so withdrawn.

⁴[(7) Where the Commission withdraws any officer or person under clause (6), it-

(a) may, if such officer or person is working in any polling station or constituency, direct him to leave the polling station or the constituency at once;

(b) shall, in case of a direction under sub-clause (a), direct such officer or person to remain out of the constituency for the period specified in the direction, and accordingly he shall comply with the direction, and if he is required to perform any official duty only in that constituency, his appointing authority shall make arrangement for his leave or otherwise;

(c) shall refer the matter to the appropriate authority for taking disciplinary and other actions in relation to such officer or person.]

8. ⁵[(1) The Commission shall maintain a list of polling stations ⁶[prepared by the District Election Officer and approved by the Commission] for the purpose of election of a member for every constituency.]

(2) ⁷[The Commission may make such alterations in the list of polling stations as it may consider necessary and shall, at least twenty five days] before the polling day, publish in the official Gazette, the final list of polling stations specifying the area the electors whereof will be entitled to vote at each polling station.

(3) The Returning Officer shall provide each constituency with polling stations according to the final list published under clause (2).

(4) No polling station shall be located in any such premises as belong to, or are under the control of, any candidate.

⁸[(5) At any time after the finalization of candidature, if it is found that any polling station published in the Official Gazette under clause (2), belongs to, or is under the control of any candidate, the Commission may alter such polling station.]

9. ⁹[(1) The returning Officer shall, by a notice in writing, require all heads of offices, institutions and establishments, whether Government or non-Government, in the district to provide him with a list of their officers and employees of such grades as he may specify for preparation of a panel of Presiding Officers, Assistant Presiding Officers and Polling Officers from among them.

(1A) After the preparation of the panel, the Returning Officer shall send a copy thereof to the heads of all the offices, institutions and establishments whose officers and employees have been included in the panel with a request to place the service of these officers and employees at the disposal of the Commission for use for election purpose and also forward a copy of the panel to the Commission.

(1B) The Returning Officer shall appoint from the panel for each polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers to assist the Presiding Officers as the Returning Officer may consider necessary:

Provided that a person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer.]

(2) A Presiding Officer shall conduct the poll in accordance with the provisions of this Order, and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll:

Provided that during the course of the poll the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding Officer and it shall be the duty of the Assistant Presiding Officer to perform the functions so entrusted.

(3) The Returning Officer shall authorise one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is, at any time during the poll, by reason of illness or other cause, not present at the polling station, or is unable to perform his functions; and any absence of the Presiding Officer, and the reasons therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer.

(4) The Returning Officer may, at any time during the poll for reasons to be recorded in writing, suspend ¹⁰[and shall inform the Commission of such suspension] any Presiding Officer, Assistant Presiding Officer, Polling Officer and make such arrangements as he may consider necessary for the performance of the functions of the officer so suspended.

10. (1) The Commission shall provide the Returning Officer for each constituency with copies of electoral rolls for that constituency ¹¹[immediately after the publication of notification under clause (1) of Article 11]. (2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral rolls containing the names of the electors entitled to vote at that polling station.

11. (1) For the purpose of holding elections for constituting Parliament, the Commission shall, by notification in the official Gazette, call upon the electors to elect a member from each constituency and shall, in relation to each constituency, specify in the notification- ¹²[(a) a day on or before which the nomination of candidates may be filed;] (b) a day ¹³[or days] for the scrutiny of nomination papers; (c) a day on or before which candidature may be withdrawn; and (d) a day ¹⁴[or days], at least fifteen days after the withdrawal day, for the taking of the poll. (2) A Returning Officer shall, as soon as may be after the publication of a notification under clause (1), give public notice of the dates specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and the public notice shall be published at some prominent place or places within the constituency to which it relates. (3) A public notice issued under clause (2) shall also invite nominations and specify the time before which and the place at which nomination papers shall be received by the Returning Officer ¹⁵[or the Assistant Returning Officer].

12. ¹⁶[(1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution:

Provided that a person shall be disqualified for election as or for being, a member, if he-

(a) is not listed in the electoral roll of any constituency;

 

¹⁷[(aa) has been declared fugitive by any court;]

(b) is not nominated by any registered political party or is not an independent candidate;

(c) is a person holding any office of profit in the service of the Republic or of a statutory public authority;

(d) is a person who is convicted of an offence punishable under Article 73, 74, 78, 79, 80, 81, 82, 83, 84 and 86 and sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since the date of his release;

(e) is a person whose election to a seat is declared void on any of the grounds mentioned in sub-clauses (c), (d) and (e) of clause (1) of Article 63, unless a period of five years has elapsed since the date of such declaration;

(f) has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement;

(g) has been dismissed or removed or compulsorily retired from the service of the Republic or of any statutory public authority on the ground of corruption, unless a period of five years has elapsed since the date of such dismissal, removal or compulsory retirement;

(h) has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service immediately after his retirement from such service, unless a period of three years has elapsed since the expiry or termination of such contract;

(i) is holding or has resigned or retired or has been discharged from an executive post of any non-government organization, which receives grant or fund from any foreign state or organization, unless a period of three years has elapsed since such resignation retirement, or discharge;

¹⁸[***]

(k) whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not been a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any contract or the performance of any services undertaken by Government;

(l) being a loanee, other than a loanee who has taken small loan for agricultural purposes, has defaulted in repaying before ¹⁹[***] the day of submission of nomination paper any loan or instalment thereof taken by him from a bank;

(m) is a director of a company or a partner of a firm ²⁰[which] has defaulted in repaying before ²¹[***] the day of submission of nomination paper any loan or any instalment thereof taken by ²²[the concerned company or firm] from a bank;

(n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before ²³[***] the day of submission of nomination paper;

²⁴[(o) has been convicted of any crime under the International Crimes (Tribunals) Act, 1973 ( Act No. XIX of 1973).]

Explanation I.- “office of profit” means holding any office, post or position in the full-time service of the Republic or any statutory public authority or company ²⁵[or as an executive of any organization] in which government has more than 50% (fifty percent) share.

Explanation II.- The disqualification under sub-clause (k) shall not apply to a person

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him or such longer period as the president may, in any particular case allow; or

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1994 (Act No.XVIII of 1994), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or

(iii) where he is a member of Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest.

Explanation III.- “bank” means-

(a) any “bank company” as defined in Bank Company Act, 1991 (Act No.XIV of 1991);

²⁶[(b) Bangladesh Development Bank Limited incorporated under the Companies Act, 1994 (Act No. 18 of 1994);]

²⁷[***]

(d) “Bangladesh House Building Finance Corporation” established under Bangladesh House Building Finance Corporation Order, 1973 (P.O.No.17 of 1973);

(e) “Bangladesh Krishi Bank” established under Bangladesh Krishi Bank Order, 1973 (P.O.No. 27 of 1973);

(f) “Investment Corporation of Bangladesh” established under Investment Corporation of Bangladesh Ordinance, 1976 (Ord. No.XI of 1976);

(g) “Rajshahi Krishi Unnayan Bank” established under Rajshahi Krishi Unnayan Bank Ordinance, 1986 (Ord. No.LVIII of 1986);

(h) “Basic Bank Limited” (Bangladesh Small Industries and Commerce Bank Limited) established under Companies Act, 1994 (Act No.XVIII of 1994).

Explanation IV.- “small loan for agricultural purposes” means all crops loan excepting tea and tobacco and includes short-term loan for development of fishery and marketing of agricultural produce and long-term loan for irrigation equipment, animal husbandry, development of fishery, agricultural equipment, nursery and horticulture, betel-leaf plantation, management of Jalmahal and for the purpose of producing silk worm, tuth tree, lakhkha tree, catechu tree, etc. the amount of which shall not exceed taka one lakh aggregating with interest and capital against every loan.

Explanation V.- A person or a company or a firm shall be deemed to have defaulted in repaying a loan or an instalment thereof referred to in sub-clauses (l) and (m) of Article 12(1) if he or it is a defaulter within the meaning of the expression 'defaulter loanee' as defined in Bank-Company Act, 1991(Act 14 of 1991) and for financial institution, as defined by Bangladesh Bank under Financial Institution Act, 1993 (Act No. 27 of 1993). The list of defaulter may be obtained from CIB of Bangladesh Bank or from the concerned bank or financial institution.

Explanation VI.- "financial institution" means a non-banking financial institution as defined in Financial Institution Act, 1993 (Act No. 27 of 1993).

Explanation VII.- 'chief executive' referred to in sub-clause (i) of Article 12(1) means a person holding full time post of a chief executive of any non-government organisation who receives monthly salary and other emoluments in that capacity.]

²⁸[(1A) For the removal of doubts, it is hereby declared that, for the purposes of this Article, a person shall not be deemed to hold an office of profit in the service of the Republic or of a statutory public authority by reason only that he is an Administrator or a Deputy Administrator of a ²⁹[city] Corporation or a ³⁰[Ward Commissioner].]

(2) Every proposal shall be made by a separate nomination paper in the prescribed form which shall be signed by the proposer and the seconder and shall contain-

(a) a declaration signed by the candidate that he has consented to the nomination and that he is not subject to any disqualification for being, or being elected as, a member; ³¹[***]

(b) a declaration signed by the proposer and the ³²[seconder that] neither of them has subscribed to any other nomination paper either as proposer or seconder ³³[; and]

³⁴[(c) a declaration signed by the candidtate that he is not a candidate for more than three constituencies.]

³⁵[³⁶[(3) Every nomination paper shall be delivered by the candidate, or his proposer or seconder, to the Returning Officer or the Assistant Returning Officer who shall acknowledge the receipt of the nomination paper specifying the date and time of receipt.]]

³⁷[(3a) Every nomination paper under clause (2) shall be delivered along with the following documents, namely-

(a) in the case of an independent candidate, a list of signatures of one percent electors of the concerned constituency:

Provided that such list need not to be delivered if the independent candidate has previously been elected in any parliamentary election;

(b) a certificate signed by the chairman or secretary or a person holding the same rank on behalf of the registered political party stating that the candidate has been nominated by that party:

³⁸[Provided that any registered political party may primarily nominate more than one candidate and if more than one candidate are nominated, their candidature are subject to the provision of clause (2) of Article 16.]

(3b) Every nomination paper under sub-clause (2) shall be delivered along with ³⁹[and a copy of the income tax return of the latest tax year, and] an affidavit signed by the candidate which shall include the following information and particulars, namely-

(a) an attested copy of the certificate of his highest educational qualification;

(b) whether at present he is accused of any criminal offence or not;

(c) whether he has any past criminal record, and, if any, the judgement of the case;

(d) description of his profession or business;

(e) probable sources of his income ⁴⁰[both at home and abroad];

(f) a statement of property or debt of his own or his dependents ⁴¹[both at home and abroad];

(g) what promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled; ⁴²[***]

(h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial institution, and the amount of loan received by him from any bank or financial institution as a Chairman, Managing Director or Director thereof ⁴³[;]

 

⁴⁴[(i) a certified copy of return submitted under section 166 of আয়কর আইন, ২০২৩ (২০১৩ সনের ১২ নং আইন) and a proof of submission of return as required by section 264 of the said Act.]

Explanation.- “dependent” means the wife or husband of a candidate and includes son, daughter, father, mother, brother or sister of the candidate who are fully dependent upon him.]

(4) A person may be nominated in the same constituency by more than one nomination paper ⁴⁵[, and a nomination paper may be delivered to both the Returning Officer and the Assistant Returning Officer.]

(5) If any person subscribes to more than one nomination paper, all such nomination papers, ⁴⁶[except the one found valid under clause (3a) of Article 14], shall be void.

(6) The Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which he shall hold scrutiny.

⁴⁷[(6a) The Assistant Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which the Returning Officer shall hold scrutiny, and immediately after the time for receiving nomination paper is over, forward all the nomination papers received by him to the Returning Officer.]

(7) The Returning Officer shall cause to be affixed at some conspicuous place in his office a notice of every nomination paper received by him ⁴⁸[or received by the Assistant Returning Officer and forwarded to him under clause (6a)] containing particulars of the candidate and the names of the proposer and seconder as shown in the nomination paper ⁴⁹[, and the affidavit submitted by the candidate or candidates along with the nomination paper will be published on the website of the Election Commission].  

 

⁵⁰[(8) Notwithstanding anything contained anywhere in this Order or in any other law for the time being in force, if any dispute arises as to whether any Member of Parliament has, after his election become subject to any of the disqualifications mentioned herein above, the Election Commission, either suo-moto or being informed otherwise may hear and dispose of the said dispute in such manner as the Commission may deem fit and the decision taken on such case by the Commission shall be final.]

13. (1) Subject to the provisions of clause (2), no nomination paper delivered under Article 12 shall be accepted unless-

(a) ⁵¹[a sum of Taka ⁵²[fifty] thousand is deposited in cash or by bank draft or pay order or treasury challan in favour of the Election Commission] by the candidate or by any person on his behalf at the time of its delivery; or

⁵³[(b) it is accompanied by a receipt or a true copy thereof duly attested by a gazetted government servant showing that a sum as aforesaid has been deposited by the candidate or by any person on his behalf with the Returning Officer or the Assistant Returning Officer or at any Bank or at a Government Treasury or Sub-Treasury.]

(2) Not more than one deposit under clause (1) shall be required in the case of a person who has been nominated as a candidate by more than one nomination paper.

⁵⁴[13A. (1) Notwithstanding anything contained in the Order, no person may at the same time be a candidate for more than ⁵⁵[three] constituencies.

⁵⁶[***]

(3) If a person is at the same time a candidate for more than ⁵⁷[three] constituencies, all his nomination papers in respect of all the constituencies shall be void].

14. (1) The candidates, their election agents, proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination paper and the Returning Officer shall give them reasonable opportunity for examining all nomination papers ⁵⁸[delivered or forwarded to him under Article 12].

(2) The Returning Officer shall, in the presence of the persons attending the scrutiny under clause (1), examine the nomination papers and decide any objection raised by any such person to any nomination.

(3) The Returning Officer may, either of his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that-

(a) the candidate is not qualified to be elected as a member;

(b) the proposer or the seconder is not qualified to subscribe to the nomination paper;

(c) any provision of Article 12 or Article 13 has not been complied with; or

(d) the signature of the proposer or the seconder is not genuine:

 

Provided that-

(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;

(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith; and

(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.

⁵⁹[(3a) If any person subscribes to more than one nomination papers, all such nomination papers, except the one found valid, shall not be required to be scrutinized.]

(4) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it ⁶⁰[***] and shall ⁶¹[***] record a brief statement of the reason therefor.

⁶²[⁶³[(5) If a candidate or any bank or any financial or service-providing organization of the Government is aggrieved by the decision of the Returning Officer, he or the concerned organization may prefer an appeal to the Commission within the prescribed period, and any order passed on such appeal shall be final.]]

15. (1) The Returning Officer shall, after the scrutiny of nomination papers, prepare and publish in the prescribed manner a list of candidates who have been validly nominated.

(2) In case an appeal against ⁶⁴[the decision of the Returning Officer on] a nomination paper has been accepted by the Commission, the list of validly nominated candidates shall be revised accordingly.

⁶⁵[16. (1) Any validly nominated candidate may, by notice in writing signed by him and delivered, on or before the withdrawal day, to the Returning Officer, either by such candidate in person or by an agent authorised in this behalf in writing by such candidate, withdraw his candidature.(2) Where more than one candidate are nominated in the same constituency by a registered political party, the chairman or secretary or a person holding the same rank of the party shall inform, by notice in writing signed by him and delivered, either by himself or by any other person authorized by him in this behalf on or before the withdrawal day, to the Returning Officer, about the final nomination of a candidate and the other candidate of that party shall be ceased to be a candidate. (3) A notice of withdrawal under clause (1) or final nomination under clause (2), as the case may be, shall, in no circumstances, be open to recall or cancellation. (4) Upon receipt of a notice of withdrawal under clause (1) and final nomination under clause (2), the Returning Officer shall, if he is satisfied that the signature on the notice is that of the candidate or of the chairman or secretary or person holding the same rank of the party, as the case may be, cause a photocopy of the notice to be affixed at some conspicuous place in his office. (5) The Returning Officer shall, on the day next following the withdrawal day prepare and publish, in the prescribed manner, a list of contesting candidates.]

17. (1) If a validly nominated candidate who has not withdrawn his candidature dies, ⁶⁶[or if his candidature is cancelled under clause (2) of Article 91E,] the Returning Officer shall, by public notice, terminate the proceedings relating to that election. (2) Where proceedings relating to an election have been terminated under clause (1), fresh proceedings shall be commenced in accordance with the provisions of this Order as if for a new election ⁶⁷[: Provided that it shall not be necessary for the other contesting candidates to file fresh nomination papers or make a further deposit under Article 13.]

18. Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, take place on the day appointed therefor, he may postpone or adjourn such proceedings and shall, with the approval of the Commission, by public notice fix another day for the proceedings so postponed or adjourned and, if necessary, also the day or days subsequent proceedings.

19. ⁶⁸[(1)(a) Where, after scrutiny under Article 14, only one person remains validly nominated for election as a member from a constituency, or where, after withdrawal under Article 16, only one candidate remains, in such case, the election shall be held between the sole candidate and the 'No Vote' option. If the number of Votes received by the contesting candidate exceeds the number of 'No Vote', the Returning Officer shall, by public notice, declare such candidate to be elected to the seat. If the number of 'No Votes' exceeds the number of votes received by the contesting candidate, a fresh election shall be held in that constituency by announcing a fresh schedule.

(b) If in an election held under sub-clause (a) of clause (1), the "No Vote" is higher, and if in the subsequent election also only one person remains validly nominated or, as the case may be, as the only candidate, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat:"

Provided that if after scrutiny any candidate indicates that he intends to make an appeal under clause (5) of Article 14 against the rejection of his nomination paper, no person shall be declared elected uncontested until the period prescribed for filing such appeal has expired and no such appeal has been filed or, where an appeal is filed, until the disposal of such appeal.]

(2) The Returning Officer shall submit to the Commission a return of the election in respect of which he has made a declaration under clause (1).

(3) The Commission shall publish in the official Gazette the name of the returned candidate.

20. (1) If there are ⁶⁹[one or more] contesting candidates than one in respect of any constituency, the Returning Officer shall-

⁷⁰[(a) allocate, in the case of a contesting candidate set up by a registered political party, the symbol reserved for that party by the Commission under this Order or the rules ⁷¹[:

⁷²[Provided that the Commission, on an application made to it in this behalf within 3 (three) days after the publication of the notification under clause (1) of Article 11, may in case of a combination of two or more registered political parties who have agreed to set up joint candidates for election, allot the symbol reserved for the political party to which the candidate belongs;]]

(aa) allocate, ⁷³[in the case of independent] contesting candidates, subject to any direction of the Commission, one of the prescribed symbols to each such contesting candidate; and in so doing shall, so far as possible, have regard for any preference indicated by the candidate;] ⁷⁴[and]

(b) publish in such manner as the Commission may direct the names of contesting candidates arranged in the alphabetical order specifying against each the symbol allocated to him ⁷⁵[***]

⁷⁶[***]

(2) The Returning Officer shall arrange to exhibit prominently at each polling station the name and symbol of each contesting candidate.

21. (1) A candidate may appoint ⁷⁷[any voter of the concerned constituency] qualified to be elected as a member to be his election agent.

(2) The appointment of an election agent may, at any time, be revoked in writing by the candidate and, when it is so revoked or the election agent dies, another person may be appointed by the candidate to be his election agent.

(3) When an election agent is appointed, the candidate shall send to the Returning Officer a notice in writing of the appointment containing the name, father's name and address of the election agent.

(4) Where no appointment of an election agent is made under this section, a candidate shall be deemed to be his own election agent and shall so far as the circumstances permit, be subject to the provisions of this Order both as a candidate and as an election agent.

22. ⁷⁸[(1) The contesting candidate or his election agent, may, before the commencement of the poll, appoint for each polling booth of a polling station not more than one polling agent and shall give notice thereof in writing to the Presiding Officer.] (2) The appointment of a polling agent under clause (1) may at any time be revoked by the candidate or his election agent and, when it is so revoked or the polling agent dies, another person may be appointed by the candidate or the election agent to be a polling agent; and a notice of such appointment shall be given to the Presiding Officer. ⁷⁹[(3) The Presiding Officer shall not accept a polling agent unless he wears an identity card granted by the person appointing him containing his name and the name of the candidate for whom he is appointed as a polling agent.]

23. Where any act or thing is authorised by this Order to be done in the presence of the candidate, an election agent or a polling agent, the failure of such person to attend at the time and place appointed for the purpose shall not invalidate any act or thing otherwise validly done ⁸⁰[: Provided that the Returning Officer or the Presiding Officer, as the case may be, shall, as far as practicable, endeavour to ensure the attendance of the said person at the time of doing the said act or thing: Provided further that, if a candidate or his election agent or polling agent is found absent at the time of doing the said act or thing, the Returning Officer or the Presiding Officer, as the case may be, shall immediately try to find out the reason of such absence and record the fact and communicate it to the Commission together with his comments thereon, and shall endeavour to ensure such attendance.]

24. The Returning Officer shall, subject to any direction of the Commission, fix the hours during which the poll shall be taken and give public notice or the hours so fixed.

⁸¹[25.(1) The Presiding Officer of a polling station shall stop the poll and inform the Returning Officer that he has done so, if-

(a) the poll at the polling station is, at any time, so interrupted or obstructed for reason beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under Article 24; or

(b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such an extent that the result of the poll at the polling station cannot be ascertained.

(2) Where a poll has been stopped under clause (1), the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined by the polling station, taken with the results of the polling at other polling stations in the same constituency.

(3) Where the Commission orders a fresh poll under clause (2), the Returning Officer shall, with the approval of the Commission,-

(a) appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll shall be taken; and

(b) give public notice of the day so appointed and the place and hours so fixed.

(4) At a fresh poll taken under clause (3) at a polling station, all electors entitled to vote there at shall be allowed to vote and no vote cast at the poll stopped under clause (1) shall be counted, and the provisions of this Order and the rules and orders made thereunder shall apply to such fresh poll.]

26. An election under this Order shall be decided by secret ballot ⁸²[***] and, subject to the provisions of Article 27, every elector shall cast his vote by inserting, in accordance with the provisions of this Order, in the ballot box, a ballot paper in the prescribed form.

⁸³[⁸⁴[***]

⁸⁵[***]

⁸⁶[***]

⁸⁷[***]]

28. (1) The Returning Officer shall provide each Presiding Officer with such number of ballot boxes as may be necessary.

(2) The ballot boxes shall be of such material and design as may be approved by the Commission.

(3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, or at any polling booth, where there are more than one polling booths at a polling station.

(4) At least half an hour before the time fixed for the commencement of the poll, the Presiding Officer shall-

(a) ensure that every ballot box to be used is empty;

⁸⁸[(aa) deliver such empty ballot box to the Assistant Presiding Officer or Polling Officer recording the serial number of the concerne ballot box and the serial number of the seal thereon and obtaining signature of the receiver in the respective column of the prescribed form and endeavour to obtain signature of the agents of candidates who is willing to put signature on the said form;]

(b) show the empty ballot box to the contesting candidates and their election agents and polling agents whoever may be present;

(c) after the ballot box has been shown to be empty, close and seal it; and

(d) place the ballot box so as to be conveniently accessible to the elector, and at the same time within the sight of himself and of such candidates or their election or polling agents as may be present.

(5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall seal that ballot box ⁸⁹[with his own seal and signature and with the seals or signatures of the contesting candidates or election agents or polling agents present who may wish to seal or sign it] and keep it in a secure place and use another ballot box in the manner laid down in clause (4).

(6) A Presiding Officer shall make such arrangements at the polling station that every elector may be able to mark his ballot paper in secret before the same is folded and inserted in the ballot box.

29. ⁹⁰[1] The Presiding Officer shall, subject to such instructions as the Commission may give in this behalf, regulate the number of electors to be admitted to the polling station at a time and exclude from the polling station all other persons except-

(a) any person on duty in connection with the election;

⁹¹[(b) the contesting candidates and their election agents and one polling agent of each contesting candidate for each booth;

⁹²[(bb) officers, persons, election observers and media personnel authorized by the Commission; and]]

(c) such other persons as may be specifically permitted by the Returning Officer.

 

⁹³[(2) Notwithstanding anything contained in clause (1), no other individual including any candidate, agent of a candidate, leader or worker of any political party, or any influential person shall loiter unnecessarily within the polling station or within the boundary prescribed for the polling station.

(3) If such person does so, the Presiding Officer and the members of the law enforcing agencies shall forthwith remove such person from the said area and may, if necessary, arrest them, and in such a case, the said person shall be punishable under Article 79.]

30. (1) The Presiding Officer shall keep order at the polling station and may remove or cause to be removed any person who misconducts himself at a polling station or fails to obey any lawful orders of the Presiding Officer. (2) Any person removed under clause (1) from a polling station shall not, without the permission of' the Presiding Officer, again enter the polling station during the day and shall, if he is accused of an offence in a polling station, be liable to be arrested without warrant by a police officer. (3) The powers under this Article shall not be so exercised as to deprive an elector of an opportunity to cast his vote at the polling station at which he is entitled to vote.

31. ⁹⁴[(1) Where an elector presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the elector with reference to ⁹⁵[the electoral roll], issue ⁹⁶[***] him a ballot paper ⁹⁷[***].

⁹⁸[***]

(2) Before a ballot paper is issued to an elector-

(a) he shall be required to receive a personal mark made with indelible ink on the thumb or any other finger of either hand;

(b) the number and name of the elector as entered in the electoral roll shall be called out;

(c) a mark shall be placed on the electoral roll against the number and name of the elector to indicate that a ballot paper has been issued to him;

⁹⁹[(d)  the ballot paper shall on its back be stamped with the official mark and signed by the Assistant Presiding Officer;]

(e) the number of the elector on the electoral roll shall be marked in writing on the counterfoil by the Presiding Officer who shall also stamp the counterfoil with the official mark ¹⁰⁰[;

(f) the elector shall put his signature or thumb impression on the counterfoil of the ballot paper.]

(3) A ballot paper shall not be issued to a person who refuses to receive the personal mark with indelible ink or if he already bears such a mark or the remnants of such mark.

(4) If a contesting candidate or his election or polling agent alleges that an elector to whom a ballot paper is about to be issued already has one or more ballot papers in his possession, the Presiding Officer may require the elector to satisfy him that he does not have any other ballot paper in his possession and may also take such measures as he thinks fit to ensure that such elector does not insert more than one ballot paper in the ballot box.

(5) The elector, on receiving the ballot paper, shall-

¹⁰¹[(a) if so requested by any contesting candidate or an election agent ¹⁰²[or polling agent], show the official mark on the back of the ballot paper to him;

(aa) forthwith proceed to the place reserved for marking the ballot paper;]

(b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and

(c) after he has so marked, fold the ballot paper and insert it in the ballot box.

(6) The elector shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box.

(7) Where an elector is blind or is otherwise so incapacitated that he cannot vote without the assistance of a companion, the Presiding Officer shall allow him such assistance and thereupon such elector may do with such assistance any thing which an elector is required or permitted to do under this Order.

¹⁰³[***]

32. (1) If a person representing himself to be an elector applies for a ballot paper when another person has already represented himself to be that elector and has voted under the name of the persons so applying, he shall be entitled, subject to the provisions of this Article to receive a ballot paper (hereinafter referred to as “tendered ballot paper”) in the same manner as any other elector. (2) A tendered ballot paper shall, instead of being put into the ballot box, be given to the Presiding Officer who shall endorse thereon the name and number in the electoral roll of the person applying for it and place it in a separate packet endorsed with the name of the candidate for whom such person wishes to vote. (3) The name of the person applying for a ballot paper under clause (1) and his number on the electoral roll shall be entered in a list (hereinafter referred to as “the tendered votes list”) to be prepared by the Presiding Officer.

33. (1) If, at the time a person applies for a ballot paper for the purpose of voting, a candidate or his ¹⁰⁴[election agent or] polling agent declares to the Presiding Officer that he has reasonable cause to believe that that person has already voted at the election, at the same or another polling station or is not the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to prove the charge in a Court of law and deposits with the Presiding Officer in cash such sum as may be prescribed, the Presiding Officer may, after warning the person of the consequences and obtaining his thumb impression and, if he is literate, also his signature, on the counterfoil, issue a ballot paper (hereinafter referred to as “challenged ballot paper”) to that person. (2) If the Presiding Officer issues a ballot paper under clause (1) to such person he shall enter the name and address of that person in a list to be prepared by him (hereinafter referred to as “the challenged votes list”) and obtain thereon the thumb impression and, if he is literate, also the signature, of that person. (3) A ballot paper issued under clause (1) shall, after it has been marked and folded by the elector, be placed in the same condition in a separate packet bearing the label “challenged ballot papers” instead of being placed in the ballot box.

34. (1) An elector who has inadvertently so spoilt his ballot paper that it cannot be used as a valid ballot paper may, upon proving the fact of inadvertence to the satisfaction of the Presiding Officer and returning the ballot paper to him, obtain another ballot paper and cast his vote by such other ballot paper. (2) The Presiding Officer shall forthwith cancel the ballot paper returned to him under clause (1), make a note to that effect on the counterfoil over his own signature and sign the cancelled ballot paper, and place it in a separate packet labelled “Spoilt Ballot Papers”.

35. No person shall be given any ballot paper or be permitted to vote after the hour fixed for the close of the poll except the persons who at that hour are present within the building room, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.

36. (1) Immediately after the close of the poll, that is, as soon as the last of such persons, if any, as are present and waiting to vote as mentioned in Article 35, has voted, the Presiding Officer shall, in the presence of such of the contesting candidates, election agents and polling agents as may be present, proceed with the count of votes.

(2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents as may be present, reasonable facility of observing the count and give them such information with respect thereto as can be given consistently with the orderly conduct of the count and the discharge of his duties in connection therewith.

(3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection with the poll, the contesting candidates, ¹⁰⁵[election agents, polling agents ¹⁰⁶[, election observers and media personnel] shall be allowed to remain] present at the count.

(4) The Presiding Officer shall-

(a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;

(b) open the packed labelled "challenged ballot papers" and include the ballot papers therein the count;

(c) count, in such manner as may be prescribed, the votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear-

¹⁰⁷[(i) no official mark and signature;]

(ii) any writing or any mark other than the official mark and the prescribed mark or to which a piece of paper or any other object of any kind has been attached;

(iii) no prescribed mark indicating the contesting candidate for whom the elector has voted; or

(iv) any mark from which it is not clear for whom the elector has voted, provided that a ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate; and where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed not to show clearly for whom the elector has voted.

(5) The Presiding Officer may recount the votes-

(a) of his own motion if he considers it necessary; or

(b) ¹⁰⁸[upon the request in writing] of a contesting candidate or an election agent or polling agent present if, in his opinion, the request is not unreasonable.

(6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number of ballot papers put in it and shall also indicate the nature of the contents thereof, specifying the name and symbol of the contesting candidate to whom the packet relates.

(7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the total number of ballot papers contained therein.

(8) The packets mentioned in clause (6) and (7) shall be put in a principal packet which shall be seated by the Presiding Officer.

(9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form as may be prescribed showing therein ¹⁰⁹[,in both words and figures,] the number of valid votes polled by each contesting candidate and the ballot paper excluded from the count.

(10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing separately-

(a) the number of ballot papers entrusted to him;

(b) the number of ballot papers taken out of the ballot box or boxes and counted;

(c) the number of tendered ballot papers;

(d) the number of challenged ballot papers;

(e) the number of un issued ballot papers; and

(f) the number of spoilt ballot papers.

¹¹⁰[(11) The Presiding Officer shall ¹¹¹[***] give a certified copy of the statement of the count and the ballot-paper account, showing the numbers in both words and figures, to such of the candidates, their election agents or polling agents as may be present, and obtain a receipt for such copy, and if any such person refuses to give any receipt, the Presiding Officer shall record that fact.]

(12) The Presiding Officer shall seal in separate packets-

(a) un-issued ballot papers;

(b) spoilt ballot papers;

(c) tendered ballot papers;

(d) challenged ballot papers;

(e) the marked copies of the electoral rolls;

(f) counterfoils of used ballot papers;

(g) the tendered votes list;

¹¹²[(gg) ballot box issue forms showing the total number of ballot boxes issue and used.]

(h) the challenged votes list; and

(i) such other papers as the Returning Officer may direct.

¹¹³[(13) The Presiding Officer shall obtain on each statement and packet prepared under this Article the signature of such of the contesting candidates or their election agents or polling agents as may be present, and if any such person refuses to sign, the Presiding Officer shall record that fact.]

(14) A person entitled to sign a packet or statement under clause (13) may, if he so desires, also affix his seal to it.

(15) After the close of the proceedings under the foregoing clause the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf, cause the packets, the statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct ¹¹⁴[, and shall also send a copy of the statement of the count to the Commission by post.]

37. (1) The Returning Officer shall give the contesting candidates and their election agents a notice in writing of the day, time and place for the consolidation of the results and, in the presence of such of the contesting candidates and election agents as may be present, consolidate in the prescribed manner the results of the count furnished by the Presiding Officer, including, therein the postal ballots received by him before the time aforesaid.

¹¹⁵[(2) Before consolidating the results of the count, the Returning Officer, if he thinks necessary, may examine the ballot papers excluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not have been so excluded, may count it as a ballot paper cast in favor of the contesting candidate for whom the vote has been cast thereby.]

(3) The Returning Officer shall also count the ballot papers received by him by post in such manner as may be prescribed and include the votes cast in favour of each contesting candidate in the consolidated statement except those which he may reject on any of the grounds mentioned in clause (4) of Article 36.

(4) The ballot papers rejected by the Returning Officer under clause (3) shall be shown separately in the consolidated statement.

(5) The Returning Officer shall not recount the valid ballot papers in respect of any polling station unless-

(a) the count by the Presiding Officer is challenged in writing by a contesting candidate or his election agent and the Returning Officer is satisfied about the reasonableness of the challenge; or

(b) he is directed so to do by the Commission.

¹¹⁶[37A. (1) Notwithstanding anything contained in this Order, the office of the Returning Officer shall, for each constituency, be deemed to be a polling station solely for the purpose of counting all postal ballots duly received by the Returning Officer up to the official closing time of the poll.

(2) The Returning Officer shall appoint a Presiding Officer and such number of Polling Officers as he may deem necessary to conduct the counting of postal ballots.

(3) The Presiding Officer shall, in the presence of the contesting candidates or their election agents or polling agents, open the postal ballot envelopes and count the votes cast in favour of each contesting candidate in such manner and in accordance with such procedure as may be prescribed by the Commission.

(4) Upon completion of the counting of all postal ballots, the Presiding Officer shall prepare a duly authenticated statement of the postal ballot count in the prescribed form and shall submit the same to the Returning Officer without delay.

(5) The Returning Officer shall incorporate the postal ballot count, as submitted by the Presiding Officer, into the consolidated result of the constituency in accordance with the provisions of Article 37 of this Order and the Rules, if any made thereunder.]

¹¹⁷[38. Where, after consolidation of the results of the count under Article 37, it is found that there is equality of votes between two or more contesting candidates, the Returning Officer shall forthwith submit a written report on such equality of votes to the Commission and the Commission shall then direct the Returning Officer to arrange for a re-poll among the contesting candidates who have secured an equal number of votes.]

39. ¹¹⁸[(1) The Returning Officer shall, after obtaining the result of the count under Article 37, declare by public notice the contesting candidate who has received the highest number of votes to be elected.

(2) The public notice shall contain the name of, and the total number of votes received by, each contesting candidate as a result of consolidation under Article 37.].

(3) The Returning Officer shall, immediately after publication of the notice under clause (1), submit to the Commission a return of the election in the prescribed form together with a copy of the consolidated statement.

(4) The Commission shall publish in the official Gazette the name of the returned candidate.

40. The Returning Officer shall-(a) immediately after preparing the consolidated statement and the return of election result in the prescribed manner the packets and statement opened by him for the purpose of consolidation permitting such of the candidates and their election agents, as may be present to sign the packets and affix their seals to such packets if they so desire; and(b) supply duly attested copies of the consolidated statement and the return of election to such of the candidates and their election agents as may desire to have them.

41. (1) After the termination of the proceedings relating to an election under Article 17 where the proceedings have been so terminated, or after the declaration of the result of an election under Article 19, or Article 39, the deposit made under Article 13 in respect of any candidate shall be returned to the person making it or to his legal representative except the deposit in respect of a candidate who has received less than one-eighth of the total number of votes cast at the election.

(2) A deposit which is not required to be returned under clause (1) shall be forfeited to the Government.

42. (1) The Returning Officer shall retain on behalf of the Commission-(a) the packets containing the ballot papers each of which shall be sealed with the seal of the Presiding Officer, or, if opened by the Returning Officer, with the seal of the Returning Officer;(b) the packets containing the counterfoils of issued ballot papers;(c) the packets containing the marked copies of the electoral rolls;(d) the packets containing the ballot paper account;(e) the packet containing the tendered ballot papers, the challenged ballot papers, the tendered votes list and the challenged votes list; and(f) such other papers as the Commission may direct. (2) The Returning Officer shall endorse on each packet retained under clause (1) the description of its contents, the date of the election to which the contents relate and the name and number of the constituency for which the election was held. (3) The documents contained in the packets mentioned in clause (1) shall be retained for a period of one year, and thereafter the Commission shall, unless otherwise directed by the High Court Division, cause them to be destroyed.

43. The documents retained under Article 42, except the ballot papers, shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Returning Officer shall, upon an application made in this behalf and on payment of such fee and subject to such conditions as may be prescribed, furnish copies of, or extracts from, those documents.

44. (1) The High Court Division may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers. (2) An order under clause (1) may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the High Court Division making the order may think expedient: Provided that in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the High Court Division to be invalid. (3) Where an order is made under clause (1), the production by the Returning Officer of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order, and any endorsement or any packet of ballot papers so produced shall be Prima facie evidence that the ballot papers are what the endorsement states them to be. 4) The production from proper custody of a ballot paper purporting to have been used at an election, and of a counterfoil having a number, shall be Prima facie evidence that the elector whose vote was given by that ballot paper was the elector who had on the electoral roll the same number as was written on the counterfoil. (5) Save as in this section provided, no person shall be allowed to inspect any rejected or counted ballot paper in the possession of the Returning Officer.