- The provisions of [rules 28 to 35 and 36 to 48] [ Substituted by S.O. 3450, dated 9.11.1966.] shall apply-(a)to every election by assembly members in respect of which no direction has been issued under clause (a) of rule 68, and(b)to every election in a council constituency unless voting by postal ballot has been directed in the whole of that constituency under clause (b) of rule 68, subject to the following modifications, namely:-(i)clause (a) of sub-rule (l) of rule 31 shall not apply to an election by assembly members;(ii)i [n lieu of rules 37 to 40] [ Substituted by S.O. 1520, dated 25.4.1968.], the following rules shall apply:-"37-A. Method of voting .-(1) Every elector has only one vote at an election irrespective of the number of seats to be filled.[(1-A) The provisions of sub-rules (1), (2) and (4) of rule 37 shall apply in relation to electors in the graduates' constituencies and teachers' constituencies as they apply in relation to electors in the Parliamentary constituencies and Assembly constituencies.] [ Inserted by S.O. 335(E), dated 23.4.1990.](2)An elector in giving his vote-(a)shall place on his ballot paper the figure 1 in the space opposite the name of the candidate for whom he wishes to vote in the first instance; and(b)may, in addition, place on his ballot paper the figure 2 or the figures 2 and 3, or the figures 2, 3 and 4 and so on, in the space opposite the names of the other candidates in the order of his preference.[ Explanation .-The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the international form of Indian numerals or in the Roman form or in the form used in any Indian language but shall not be indicated in words.] [ Inserted by S.O. 3875(E), dated 15.12.1966.][38-A. Issue of ballot papers to electors [Substituted by S.O. 5573, dated 23.12.1971. ].-(1) Every ballot paper, before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.(2)At the time of issuing a ballot paper to an elector, the polling officer shall-(a)record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;(b)obtain the signature or thumb-impression of that elector on the said counterfoil; and](c)[ 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,-(i)and record in the marked copy of the electoral roll, the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Council of States;(ii)without recording therein the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Legislative Council of a State:Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb-impression on the counterfoil of that ballot paper.](3)Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb-impression of the elector on the counterfoil.(4)[Subject to rule 39-AA, no person] [ Substituted by S.O. 272(E), dated 27.2.2004 (w.e.f. 27.2.2004).] in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.(5)[ Before any ballot paper is delivered to an elector at an election to fill a seat or seats in the Legislative Council of a State by assembly members or in a local authorities' constituency, the serial number of the ballot papers shall be effectively concealed in such manner as the Election Commission may direct.] [Substituted by S.O. 272(E), dated 27.2.2004 (w.e.f. 27.2.2004). ][39-A. Maintenance of secrecy of voting by electors within polling station and voting procedure [Substituted by S.O. 286(E), dated 8.5.1974. ].-(1) Every elector, to whom a ballot paper has been issued under rule 38-A or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.(2)The elector on receiving the ballot paper shall forthwith-(a)proceed to one of the voting compartments;(b)record his vote in accordance with sub-rule (2) of rule 37-A with the article supplied for the purpose;(c)fold the ballot paper so as to conceal his vote;](d)[ if required, show to the presiding officer, the distinguishing mark on the ballot paper;] [ Inserted by S.O. 340(E), dated 4.6.1986.](e)[] [ Clauses (d) and (e) relettered as Clauses (e) and (f) by S.O. 340(E), dated 4.6.1986.][insert the folded paper into the ballot box; and] [Substituted by S.O. 286(E), dated 8.5.1974. ](f)[] [Clauses (d) and (e) relettered as Clauses (e) and (f) by S.O. 340(E), dated 4.6.1986. ][quit the polling station. [Substituted by S.O. 286(E), dated 8.5.1974. ](3)Every elector shall vote without undue delay.(4)No elector shall be allowed to enter a voting compartment when another elector is inside it.(5)If an elector to whom a ballot paper has been issued, refuses, after warning given by the presiding officer to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the presiding officer or a polling officer under the direction of the presiding officer.(6)After the ballot paper has been taken back, the presiding officer shall record on its back the words "Cancelled: voting procedure violated" and put his signature below those words.(7)All the ballot papers on which the words "Cancelled: voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot papers: voting procedure violated".(8)Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5), may be liable, vote, if any, recorded on such ballot paper shall not be counted.][39-AA. Information regarding casting of votes [Inserted by S.O. 272(E), dated 27.2.2004 (w.e.f. 27.2.2004). ].-(1) Notwithstanding anything contained in rule 39-A, the presiding officer shall, between the period when an elector being a member of a political party records his vote on a ballot paper and before such elector inserts that ballot paper into the ballot box, allow the authorised agent of that political party to verify as to whom such elector has cast his vote:Provided that if such elector refuses to show his marked ballot paper to the authorised agent of his political party, the ballot paper issued to him shall be taken by the presiding officer or a polling officer under the direction of the presiding officer and the ballot paper so taken back shall then be further dealt with in the manner specified in sub-rules (6) to (8) of rule 39-A as if such ballot paper had been taken back under sub-rule (5) of that rule.(2)Every political party, whose member as an elector casts a vote at a polling station, shall, for the purposes of sub-rule (1), appoint, in Form 22-A, two authorised agents.(3)An authorised agent appointed under sub-rule (2) shall be present throughout the polling hours at the polling station and the other shall relieve him when he goes out of the polling station or vice versa .][40-A. Recording of votes of illiterate, blind or infirm electors [Inserted by S.O. 1520, dated 25.4.1968. ].- (1) If an elector is unable to read the ballot paper or to record his vote thereon in accordance with rule 37-A by reason of illiteracy, blindness or other infirmity, the presiding officer shall, on being satisfied about such illiteracy, blindness or infirmity, permit the elector to take with him a companion of not less than ][eighteen] [ Substituted by S.O. 542(E), dated 13.7.1989.][years of age who is able to read the ballot paper and record the vote thereon on behalf of, and in accordance with the wishes of, the elector and, if necessary, to fold the ballot paper so as to conceal the vote and insert it into the ballot box:Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day:Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person 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 polling station on that day:] [Inserted by S.O. 1520, dated 25.4.1968. ][Provided also that at an election by assembly members no such companion shall be an elector at that election.] [ Added by S.O. 5573, dated 23.12.1971.](2)[ The presiding officer shall keep a record in Form 14-A of all the cases under this rule.(3)The presiding officer shall, when he is so requested by the companion of an elector, explain to him the instructions for the recording of votes.";] [Inserted by S.O. 1520, dated 25.4.1968. ](iii)in lieu of rule 44, the following rule shall apply:-"44-B. Sealing of ballot box after poll .-As soon as practicable after the close of the poll, the [presiding officer] [ Substituted by S.O. 2912, dated 21.8.1964.] shall, in the presence of any polling agents who may be present, close the slit for insertion of ballot papers of each ballot box or where the box does not contain any mechanical device for closing the slit, seal up the slit and secure the ballot box:Provided that it shall not be necessary to seal the slit or secure the ballot box if the counting of votes is to begin immediately after the close of the poll.";(iv)[ in rule 46, in sub-rule (1), in lieu of clauses (b) and (c), the following clauses shall apply:- [ Substituted by S.O. 286(E), dated 8.5.1974.]"(b) the ballot papers signed in full by the presiding officer under sub-rule (1) of rule 38-A but not issued to the voters;(c)the ballot papers cancelled for violation of voting procedure under rule 39-A.".]
