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The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

27. 1[(1) The following person may cast their votes by postal ballot in such manner as may be prescribed through circular, namely:-

(a) any person in the service of the Government, if stationed for discharging any public duty in an area other than the constituency or voter area in which he is registered to vote;

(b) a person detained in any prison or other lawful custody within Bangladesh;

(c) a person appointed for the performance of any duty in connection with an election at a polling station other than the one at which he is entitled to cast his vote; and

(d) a Bangladeshi voter living abroad.

(2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall enroll through a digital platform and procedure prescribed by the Commission-

(a) in the case of, a person referred to either in sub clause (a) or (b) of clause (1), within fifteen days from the date of the publication of the notification under Article 11;

(b) in the case of, a person referred to in sub clause (c) of that clause, soon after his appointment; and

(c) in the case of, an elector referred to in sub-clause (d) of clause (1), within such time as may be prescribed by the Commission by issuing a circular under clause (13).

(3) Notwithstanding anything to the contrary contained in this Order the Commission shall upon the enrollment by an elector under clause (2) forthwith send by post to such elector a ballot paper containing the required number of electoral symbols allotted to registered political parties and reserved for independent candidates. The elector shall also receive an instruction and a prescribed declaration along with the return envelope containing address of the concerned Returning Officer.

(4) Each elector will be given with a unique identifier that will be used for personalization and to track the journey of postal ballot.

(5) Enrolment of an elector detained in any prison or in any lawful custody in Bangladesh shall be endorsed by the respective jail authority.

(6) The controlling authorities shall take necessary measures to facilitate and encourage the voters referred to in sub-clauses (a), (b), (c) and (d) of clause (1) to cast their votes through postal ballot with a view to exercising their citizen duties as provided in article 21 of the Constitution.

(7) Notwithstanding anything contained in Article 31, an elector referred to in clause (1), upon receipt of a postal ballot paper, shall record his vote in the prescribed manner contained in the instruction by placing a tick or cross mark against the symbol of the contesting candidate of his choice, enclose the completed ballot paper in the provided envelope, and post it to the concerned Returning Officer.

(8) The Commission shall forward a list of all electors to whom postal ballot papers have been issued to the concerned Returning Officers who shall ensure that the electors mentioned in the list sent by the Commission are not able to vote in person at the respective polling station.

(9) The postal ballot paper issued under this article shall be deemed to be a valid ballot paper for the purposes of this Article and Article 37 of this Order.

(10) A postal ballot paper issued under this Article shall be excluded from the count by the Returning Officer if:

(a) a tick or cross mark is placed against more than one symbol; or

(b) a tick or cross mark is so placed that it cannot reasonably be ascertained for which candidate the vote has been cast; or

(c) the postal ballot is not received by the Returning Officer before the commencement of the consolidation of results under Article 37; or

(d) any change in the list of candidates of a particular constituency or constituencies is made by any court at the relevant time.

(11) Every postal ballot paper issued under this Article shall bear a unique identifier and the signature of an authorized official of the Commission.

(12) Nothing in this Order shall prevent the Commission from issuing postal ballot papers prior to the publication of notification under Article 11.

(13) The Commission may, for carrying out the purposes of this Article, issue such circular (s) as it may deem fit.]

 

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