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State of Andhra Pradesh - Section

Section 40 in Andhra Pradesh Municipal Corporations (Conduct of Election of Members, Election Expenses and Election Petitions) Rules, 2005

40. Returning Officer to send Ballot Papers for Postal Voting.

(1)The Returning Officer shall, in the case of every voter, who is authorised under Rule 37 or who has been permitted under sub-rule (4) of Rule 38 to give his vote at the election by postal ballot, as soon as may be after the publication under rule 9 of the list of contesting candidates at the election and in the case of every voter who has been permitted under sub-rule (2) of Rule 38 to give his vote at the election by postal ballot as soon as may be after such permission has been granted, send by post under certificate of posting to each such voter, a ballot paper in Form XXV. The names of the candidates shall be arranged on the postal ballot paper, in the order in which they appear in the list of contesting candidates. If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. The Returning Officer shall at the same time:
(a)record on the counterfoil of the ballot paper the electoral roll number of the voter as entered in the marked copy of the electoral roll;
(b)mark the name of the voter 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 voter; and
(c)ensure that the voter is not allowed to vote at a polling station.
(2)A postal ballot paper shall be sent to the voter by post under certificate of posting together with, -
(a)a declaration in Form XXVI;
(b)an envelope in Form XXVII with the number of ballot paper entered on its face;
(c)a large cover addressed to Returning Officer himself in Form XXVIII; and
(d)instructions for guidance of voter in Form XXIX.
(3)The ballot paper together with the cover, envelope and letter shall be sent:
(a)in the case where the voter is a member of the Armed Forces of the Union to the address of the voter as shown in the electoral roll;
(b)in the case where the voter is a person subject to preventive detention to such voter at the place of his detention; and
(c)in the case where the voter is a person, who has been permitted under sub-rule(2) of rule 38 to give his vote by postal ballot, to such voter at the address given in the application made by him under sub-rule (1) of that rule.
(4)After all the ballot papers have been issued under this rule, the Returning Officer shall seal up in a packet the counter foils of all such ballot papers and record on such packet the description of its contents and the name of the Ward and the date of the election to which it refers.
(5)No election shall be invalidated by reason that a voter has not received his ballot paper provided that a ballot paper has been issued to him in accordance with these rules.