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Union of India - Section

Section 23 in Conduct of Elections Rules, 1961

23. Issue of ballot paper.

(1)A postal ballot paper shall be sent by post under certificate of posting to the elector together with-
(a)a declaration in Form 13-A;
(b)a cover in Form 13-B;
(c)a large cover addressed to the returning officer in Form 13-C; and
(d)instructions for the guidance of the elector in Form 13-D:
Provided that the returning officer may, in the case of a special voter or a voter on election duty, deliver the ballot paper and Forms, or cause them to be delivered, to such voter personally.
(2)[ The returning officer shall at the same time-
(a)record on the counterfoil of the ballot paper the electoral roll number of the elector as entered in the marked copy of the electoral roll;
(b)mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector; and
(c)ensure that that elector is not allowed to vote at a polling station.]
(3)Before any ballot paper is issued to an elector at an election in a local authorities' constituency or by assembly members, the serial number of the ballot paper shall be effectively concealed in such manner as the Election Commission may direct.
(4)Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay.
(5)After ballot papers have been issued to all the electors entitled to vote by post, the returning officer shall-
(a)at an election in a parliamentary or assembly constituency, [subject to the provisions of rule 27-P, seal up in a packet] [ Substituted by S.O. 903(E), dated 5.8.2003 (w.e.f. 5.8.2003).] that part of the marked copy of the electoral roll which relates to service voters and record on the packet a brief description of its contents and the date on which it was sealed and send the other relevant parts of the marked copy to the several presiding officers [or marking the names of electors to whom ballot papers are issued at the polling stations without however recording therein the serial numbers of the ballot papers issued to the electors] [ Substituted by S.O. 5573, dated 23.12.1971.]; and
(b)at any other election, seal up in a packet the marked copy of the electoral roll and record on the packet a brief description of its contents and the date on which it is sealed.
(6)[ The returning officer shall also seal up in a separate packet the counterfoils of the ballot papers issued to electors entitled to vote by post and record on the packet a brief description of its contents and the date on which it was sealed.] [ Inserted by S.O. 5573, dated 23.12.1971.]