Friday, 19 July 2019

Tendered Votes and Voting by Blind Voters in Municipal and Municipal Corporation Elections

Tendered Votes and Voting by Blind Voters in Municipal and Municipal Corporation Elections


Municipal Elections, Corporation Elections, Municipal Corporation Elections, Elections to municipalities, Elections to Corporations, Electoral List, Election ballot Papers, Elections with ballot boxes, Tendered votes and voting by blind voter. 

VOTING BY BLIND AND INFIRM VOTERS

  1. If you are satisfied that owing to blindness or other physical infirmity a voter is unable to recognize the symbols on the ballot paper or make a mark thereon without assistance, you should permit the voter to take with him a companion of not less than 18 years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes and for folding the ballot paper so as to conceal the vote and for inserting it into the ballot box.
  2. No person shall be permitted to act as the companion of more than one elector at any polling station on the same day. 
  3. Before any person is permitted to act as the companion of the elector, he shall be required to declare that he will keep secret of 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 other polling station on that day. The declaration shall be obtained by you from the companion as at Annexure-19.
  4. You shall also keep a record of all such cases in Form-XVIII Annexure-20 and send this form along with declaration in a prescribed cover to the returning officer.
  5. Voters with obviously defective eyesight should be questioned in order to find out whether they can distinguish the symbols on the ballot paper and mark properly
  6. You shall also ensure that none of your polling staff acts as a companion to the blind elector to record vote on his behalf.



NOTE: Where the ballot papers with Braille signage are supplied to enable the blind and infirm voters to note down the serial number of the candidate of his choice so that he can cast the vote on his own with the help of Braille signage without the help of companion, no companion is allowed to follow the blind voter into the voting compartment.

VOTING BY PUBLIC SERVANTS ON ELECTION DUTY CERTIFICATES

The provisions relating to the exercise of vote by persons on election duty are contained in Rule 39 of Conduct of Elections Rules, 2005. 
Presiding Officers, Polling Officers, or other public servants on election duty registered as electors within the Ward have been given the right to opt to vote in person in a polling station in which they are on election duty, if they so desire, and not by postal ballot. Any such voter opting to vote in person has to apply to the Returning Officer in Form-XXII (Annexure-4) for such facility.
No steps for identification of such person are required. He may be allowed to vote as under:
on production of Election duty certificate, obtain thereon the  signature of the person producing the same;
have the person‘s name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of electoral roll; and
permit him to vote by means in the same manner as for an elector entitled to vote at that polling station.
Tendered Votes and Voting by Blind Voters in Municipal and Municipal Corporation Elections

TENDERED VOTES

  1. If a person presents himself at the polling station and seeks to vote representing himself to be a particular elector after another person has already voted as such elector, you shall satisfy yourself about the identity of the elector concerned. If you are satisfied about the identity of the elector on his satisfactorily answering such questions relating to his identity as you may ask, you shall allow the elector concerned to vote by means of a tendered ballot paper, you should get his left forefinger marked with indelible ink.
  2. You will then make necessary entry in the list of tendered votes in Form -XIX Annexure-21 and obtain the signature or the thumb-impression of the voter thereon.


ISSUE OF BALLOT PAPER

He shall then be supplied with an ordinary ballot paper used at the polling station except that
it shall be issued from last serial number in the bundle of ballot papers, and that the words ― “Tendered Ballot Paper” shall be written on the back of each such ballot paper and its counter-foil by the Presiding Officer in his own hand, and signed by him. The voter shall then mark the tendered ballot paper in the marking compartment and fold it. He shall hand over the ballot paper to you, and should not put into the ballot box.
You should keep all the tendered ballot papers and the Tendered voters list in a cover specially kept for the purpose and seal it at the close of poll.


RECORD OF VOTERS TO WHOM TENDERED BALLOT PAPERS ISSUED

You shall also maintain complete record of the electors who have been issued with tendered ballot papers, in Form-XIX (Annexure-21). You shall also obtain the signature or thumb impression of the elector in Column (6) of that Form-XIX before delivering a tendered ballot paper to him.


RECORDING OF VOTE ON TENDERED BALLOT PAPER

On receiving the tendered ballot paper, the elector concerned will mark his vote thereon in the voting compartment by putting the arrow cross mark on or near the symbol of the candidate for whom he intends to vote by means of the arrow cross mark rubber stamp.
The elector will then fold the tendered ballot paper and, after coming out of the voting compartment, hand it over to you, instead of putting into the Ballot Box.
You shall keep all the tendered ballot papers and the lists in Form-XIX (Annexure-21) in a cover specially provided for the purpose and seal the cover at the close of the poll.
If owing to blindness or physical infirmity, such elector is unable to record his vote without assistance, the Presiding Officer shall permit him to take with him a companion in accordance with the procedure mentioned in Chapter-18.

ACCOUNT OF TENDERED BALLOT PAPERS

You shall keep a correct account of all ballot papers (i) received for use as tendered ballot papers, (ii) issued as such to electors, and (iii) not used and returned, in Part I of Form-XXI.

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