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Union of India - Section

Section 94 in Conduct of Elections Rules, 1961

94. Disposal of election papers.

- Subject to any direction to the contrary given by the Election Commission or by a competent Court or tribunal-
(a)[ the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the Election Commission may direct;] [ Substituted by S.O. 5573, dated 23.12.1971.]
(aa)[ the voting machines kept in the custody of the district election officer under sub-rule (1-A) of rule 92 shall be retained intact for such period as the Election Commission may direct and shall not be used at any subsequent election without the previous approval of the Election Commission;] [ Inserted by S.O. 230(E), dated 24.3.1992 and corrected by S.O.530(E), dated 17.7.1992.]
(b)the other packets referred to in sub-rule (1) of rule 93 shall be retained for a period of one year and shall thereafter be destroyed:
[Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the Election Commission;] [ Added by S.O. 5573, dated 23.12.1971.]
(c)all other papers relating to the election shall be retained for such period as the Election Commission may direct.
[94-A. Form of affidavit to be filed with election petition. [ Inserted by S.O. 597, dated 27.2.1962.]- The affidavit referred to in the proviso to sub-section (1) of section 83 shall be sworn before a magistrate of the first class or a notary or a commissioner of oaths and shall be in Form 25.]