handbook for returning officers - Chief Electoral Officer, Govt. of Sikkim
handbook for returning officers - Chief Electoral Officer, Govt. of Sikkim handbook for returning officers - Chief Electoral Officer, Govt. of Sikkim
such elector to vote. If the elector has already been issued the voter’s slip. Such slip should be withdrawn from him and cancelled. 33.2 Where an elector is not allowed to vote for violating voting procedure, a remark to the effect that voting procedure has been violated shall be made in the remarks column in the Register of Voters (Form 17A) against the entry relating to that elector in that Register by the Presiding Officer. The Presiding Officer shall also put his full signature below that entry. It shall, however, not be necessary to make any change in the serial number of that elector or of any succeeding elector in column 1 of the Register of Voters. VOTING BY BLIND & INFIRM VOTERS AND PROXY VOTERS 34.1 If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is unable to recognize the symbol on the ballot unit or unable to record his vote by pressing the appropriate button thereon without assistance, the Presiding Officer shall permit that elector under Rule 49N to take with him a companion of not less than 18 years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes. 34.2 The new model of EVMs procured in 2006-07 has a Braille signage on the extreme right side of the ballot unit indicating the serial number of the candidate. A dummy ballot paper showing the name of the candidates, their political affiliations and the serial numbers will be supplied to the polling stations depending on the requirement of the same felt by the Commission. In such cases, the Presiding Officer will, on the request of the visually handicapped voter, hand over to him the dummy ballot sheet to enable him to note down the serial number of the candidate of his choice so that he can cast the vote on his own with the help of Braille signage without depending on the companion. The dummy ballot paper will be returned to the Presiding Officer for subsequent use by similar visually handicapped voters. At the end of the poll the dummy ballot paper will be deposited with the collection center along with other polling materials. 34.3 No person shall be permitted to act as the companion of more than one elector at any polling station on the same day. 34.4 Before any person is permitted to act as the companion of the elector, he shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day. The Presiding Officer shall obtain the declaration from the companion in 168
the form prescribed by the Commission for the purpose vide Annexure XXXIV. 34.5 The Presiding Officer shall also keep a record of all such cases in Form 14A. VOTING BY PROXY VOTERS 35 The proxy will record the vote on behalf of the CSVs at the polling station to which the CSV is assigned, in the same manner as any other elector assigned to that polling station. It may be noted that in the case of proxy, marking of the indelible ink under rule 37 will be done on the middle finger of the left hand of the proxy. The proxy will be entitled to vote on behalf of the CSV in addition to the vote that he may cast in his own name if he is a registered elector in the constituency, at the polling station to which he has been normally assigned. ELECTORS DECIDING NOT TO VOTE 36 If an elector, after his electoral roll number has been duly entered in the Register of Voters (Form 17A) and he has put his signature/thumb impression on that register, decides not to record his vote, he shall not be forced or compelled to record his vote. A remark to the effect that he has decided not to record his vote shall be made in the remarks column against the entry relating to him in the Register of Voters by the Presiding Officer and the signature or thumb impression of the elector shall be obtained against such remark under rule 49-O. It shall, however, not be necessary to make any change in the serial number of the elector or of the succeeding electors in column 1 of the Register of Voters. TENDERED VOTES 37.1 If a person presents himself at the polling station and seeks to vote representing himself to be a particular elector after another person has already voted as such elector, the Presiding Officer shall satisfy himself about the identity of the elector concerned. If the Presiding Officer is satisfied about the identity of the elector on his satisfactorily answering such questions relating to his identity as the Presiding Officer may ask, he shall allow the elector concerned to vote by means of a tendered ballot paper, but not through the voting machine. 37.2 Under rule 49P, a tendered ballot paper shall be of such design and particulars thereon shall be in such language or languages as the Election Commission may specify. The Election Commission has specified under that rule that the tendered ballot paper shall be of the same design as the ballot paper, which shall be used for display on the ballot unit of the voting 169
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the <strong>for</strong>m prescribed by the Commission <strong>for</strong> the purpose vide Annexure<br />
XXXIV.<br />
34.5 The Presiding <strong>Officer</strong> shall also keep a record <strong>of</strong> all such cases in Form<br />
14A.<br />
VOTING BY PROXY VOTERS<br />
35 The proxy will record the vote on behalf <strong>of</strong> the CSVs at the polling station<br />
to which the CSV is assigned, in the same manner as any other elector<br />
assigned to that polling station. It may be noted that in the case <strong>of</strong> proxy,<br />
marking <strong>of</strong> the indelible ink under rule 37 will be done on the middle finger<br />
<strong>of</strong> the left hand <strong>of</strong> the proxy. The proxy will be entitled to vote on behalf <strong>of</strong><br />
the CSV in addition to the vote that he may cast in his own name if he is a<br />
registered elector in the constituency, at the polling station to which he has<br />
been normally assigned.<br />
ELECTORS DECIDING NOT TO VOTE<br />
36 If an elector, after his electoral roll number has been duly entered in the<br />
Register <strong>of</strong> Voters (Form 17A) and he has put his signature/thumb<br />
impression on that register, decides not to record his vote, he shall not be<br />
<strong>for</strong>ced or compelled to record his vote. A remark to the effect that he has<br />
decided not to record his vote shall be made in the remarks column<br />
against the entry relating to him in the Register <strong>of</strong> Voters by the Presiding<br />
<strong>Officer</strong> and the signature or thumb impression <strong>of</strong> the elector shall be<br />
obtained against such remark under rule 49-O. It shall, however, not be<br />
necessary to make any change in the serial number <strong>of</strong> the elector or <strong>of</strong> the<br />
succeeding electors in column 1 <strong>of</strong> the Register <strong>of</strong> Voters.<br />
TENDERED VOTES<br />
37.1 If a person presents himself at the polling station and seeks to vote<br />
representing himself to be a particular elector after another person has<br />
already voted as such elector, the Presiding <strong>Officer</strong> shall satisfy himself<br />
about the identity <strong>of</strong> the elector concerned. If the Presiding <strong>Officer</strong> is<br />
satisfied about the identity <strong>of</strong> the elector on his satisfactorily answering<br />
such questions relating to his identity as the Presiding <strong>Officer</strong> may ask, he<br />
shall allow the elector concerned to vote by means <strong>of</strong> a tendered ballot<br />
paper, but not through the voting machine.<br />
37.2 Under rule 49P, a tendered ballot paper shall be <strong>of</strong> such design and<br />
particulars thereon shall be in such language or languages as the Election<br />
Commission may specify. The Election Commission has specified under<br />
that rule that the tendered ballot paper shall be <strong>of</strong> the same design as the<br />
ballot paper, which shall be used <strong>for</strong> display on the ballot unit <strong>of</strong> the voting<br />
169
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