49. Voting by ballot at notified polling stations.
(1)Notwithstanding anything contained in the preceding provisions of this Part, the Election Commission may, by notification published in the Official Gazette at least 15 days before the date, or the first of the dates, of poll appointed for an election, direct that the method of voting by ballot shall be followed in that election at such polling stations as may be specified in the notification.(2)Every such polling station is hereafter in these rules referred to as a "notified polling station".(3)The provisions of rules 28 to 48 shall apply in relation to every notified polling station subject to the following modifications, namely:-(a)in lieu of rule 30, the following rule shall apply:-"30-A. Form of ballot paper .-Every ballot paper shall be of such design as the Election Commission may decide.";(b)in lieu of sub-rules (2) and (3) of rule 31, the following sub-rules shall apply:-(2)At each notified polling station there shall be set up one voting compartment in which the ballot boxes, one for each candidate, shall be placed for the reception of ballot papers during the poll and which shall be so designed that an elector can insert a ballot paper in any of the ballot boxes without being observed by any person outside the compartment.(3)The returning officer shall provide at each notified polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers and such other election materials as may be required for taking the poll.";(c)in lieu of sub-rules (5), (6) and (7) of rule 33, the following sub-rules shall apply:-"(5) The symbol allotted to each candidate under rule 10 shall be printed on labels which shall be affixed both inside and outside the ballot box and such ballot box shall thereafter be deemed to have been allotted to that candidate.(6)Each ballot box shall also be marked with such other distinguishing marks as the Election Commission may direct.(7)Immediately before the commencement of the poll, the presiding officer shall allow inspection of each ballot box by the polling agents present and demonstrate to them that (a) it is empty, (b) proper lables have been affixed both inside and outside the box, and (c) the ballot box is marked in accordance with sub-rule (6).(8)After all the ballot boxes have been labelled, secured and sealed, they shall be placed in the voting compartment side by side the same order in which the names of the candidates to whom they have respectively been allotted appear in the list of contesting candidates.";(cc)[ in lieu of rule 38, the following rule shall apply:- [ Substituted by S.O. 5573, dated 23.12.1971.]"38-B. Issue of ballot papers to electors .-(1) Every ballot paper shall before issue to an elector be-(a)stamped with such distinguishing mark as the Election Commission may direct; and(b)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 record the serial number thereof against the entry relating to the elector in the marked copy of the electoral roll.(3)Save as provided in sub-rule (2), no person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.";] [ Substituted by S.O. 5573, dated 23.12.1971.](d)in lieu of [sub-rule (2) of rule 39] [ Substituted by S.O. 1433, dated 19.4.1968.], the following sub-rule shall apply:-"(1) On receiving the ballot paper, the elector shall forthwith go into the voting compartment and insert the ballot paper through the slit into the ballot box allotted to the candidate for whom he wishes to vote.";(e)[ in lieu of sub-rule (1) of rule 40, the following sub-rule shall apply:- [Substituted by S.O. 3662, dated 12.10.1964. ]"(1) If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognise the symbols on the ballot boxes or to insert the ballot paper into a ballot box, the presiding officer shall permit the elector to take with him a companion of not less than] [eighteen] [ Substituted by S.O. 542(E), 13.7.1989.][years of age to the voting compartment for ascertaining from him the name of the candidate for whom he wishes to vote and for inserting the ballot paper into the ballot box of such candidate in accordance with the wishes of such elector: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 name of the candidate for whom the elector has voted and that he has not already acted as the companion of any other elector at any polling station on that day.";] [Substituted by S.O. 3662, dated 12.10.1964. ](f)in lieu of rule 42, the following rules shall apply:-"42-A. Tendered votes .-(1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be supplied with a ballot paper in Form 17 (hereafter in these rules referred to as a "tendered ballot paper").(2)Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 15.(3)Such person shall thereafter record on the tendered ballot paper the name of the candidate for whom he wishes to vote; but if owing to illiteracy, blindness, physical infirmity or any other reason he is unable to make such record, the presiding officer shall do so in accordance with his wishes.(4)The procedure laid down in sub-rule (3) shall be followed with due regard to secrecy.(5)Every such tendered ballot paper shall forthwith be placed in a cover specially kept for the purpose:[Provided that where the person referred to in sub-rule (3) is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer, notwithstanding anything contained in sub-rule (3), shall, before the tendered ballot paper is placed in the said cover, allow the authorised agent of that political party to verify as to whom such person has cast his vote.Explanation .-For the purposes of this rule, "authorised agent", in respect of a political party, menas an authorised agent appointed, under sub-rule (2) of rule 39-AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party.] [ Inserted by S.O. 272(E), dated 27.2.2004 (w.e.f. 27.2.2004).]
