Print

18/04/2024
Laws of Bangladesh

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

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter III

ELECTION

31. 1[(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 2[the electoral roll], issue to him a ballot paper 3[or allow him to cast his vote by using EVM].

 
 

4[***]

 
 

(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;

 
 

5[(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 6[;

 
 

(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-

 
 

7[(a) if so requested by any contesting candidate or an election agent 8[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.

 
 

9[***]


  • 1
    Clauses (1), (1A) and (1B) were substituted for former clause (1) by section 10 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)
  • 2
    The words “the electoral roll” were substituted for the words “his identity card” by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 3
    The words “or allow him to cast his vote by using EVM” were added after the words “a ballot paper” by section 6 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).
  • 4
    Clauses (1A) and (1B) were omitted by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 5
    Sub-clause (d) was substituted by section 6 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).
  • 6
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (f) was added by section 2 of the Representation of the People (Amendment) Ordinance, 1978 (Ordinance No. XLIII of 1978)
  • 7
    Sub-clauses (a) and (aa) were substituted for former sub-clause (a) by section 2 of the Representation of the People (Amendment) Ordinance, 1978 (XLIII of 1978)
  • 8
    The words “or polling agents” were inserted by section 11 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 9
    Clause (8) was omitted by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs