ELECTIONS TO MUNICIPAL

CORPORATIONS, 2019

Hand Book for Contesting Candidates

(Where Ballot papers are used)

Issued by:
TELANGANA STATE ELECTION COMMISSION
1st Floor, DTCP Building,
A C Guards, Hyderabad – 500 004.

i
 ORDINARY ELECTIONS TO MUNICIPAL CORPORATIONS, 2019
HAND BOOK FOR CONTESTING CANDIDATES
INDEX

Sl. Chapter Details Page

No.
1 Chapter – 1 Preliminary 1-6
2 Chapter- 2 Qualifications & Disqualifications 7-8
3 Chapter – 3 Notification for Elections 9
4 Chapter –4 Nominations, Deposits and Disposal of 10-17
Deposits
5 Chapter – 5 Scrutiny of Nominations 18-20
6 Chapter – 6 Withdrawal of Candidature 21

7 Chapter – 7 List of Contesting Candidates and 22-29

Allotment of Symbols

8 Chapter – 8 Appointment of Election Agents, Polling 30-34

Agents and Counting Agents

9 Chapter – 9 Campaign Period 35-41

10 Chapter – 10 Postal Ballot 42-43
11 Chapter – 11 Polling Day 44-64
12 Chapter – 12 Counting of Votes 65-78
13 Chapter – 13 Observers 79-80
14 Chapter – 14 Election Expenses 81-87
15 Annexure – 1 Extract of Relevant Provisions of GHMC
Act, 1955 and Rules issued there under. 88-91
16 Annexure – 2 Form 7, Schedule A of GHMC Act, 1955 92
17 Annexure – 3 Form 8, Schedule A, Nomination Paper 93
18 Annexure – 4 Receipt of Nomination Paper (Declaration by
94
RO/ARO)
19 Annexure – 5 Receipt for Nomination Paper and Notice
95
of Scrutiny (Form-V)
20 Annexure – 6 Declaration as to choice of symbols along
with nomination in Form – I. 96
21 Annexure – 7 Declaration by candidate who is a member 97
of ST/SC/BC along with nomination in
Form -II

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22 Annexure – 8 Declaration to abide by the code of
98
conduct along with nomination in Form-
III.
23 Annexure – 9 Declaration to be filed by the candidate 99
along with nomination on account of
election expenditure
24 Annexure – 10 Disclose of information relating to Criminal 100-108
Antecedents Order No.91/TSEC-ULBs/2018,
dt.28.02.2018 along with Annexure.
25 Annexure – 11 Declaration regarding disqualification
109
along with nomination
26 Annexure – 12 Instructions on use of vehicles – Circular
No. 1030/TSEC-L/2019, dt:07.02.2019 110-115
27 Annexure – 13 Circular Instructions on restriction on
116-117
number of vehicles and people at
the time of filing nominations
Cir.No.1032/TSEC-L/2019,
dt:07.02.2019.
28 Annexure – 14 List of Nominations received for election as
118-119
member (Form VI)
29 Annexure – 15 List of Validly Nominated Candidates (Form 120
VIII)
30 Annexure – 16 Form of Notice of withdrawal - Schedule A
Form-9 121
31 Annexure – 17 Receipt for Notice of Withdrawal (Form IX) 122
32 Annexure – 18 Notice of Withdrawal of Candidatures (Form 123
X)
33 Annexure – 19 The List of Contesting Candidate (Form XI)
124
34 Annexure – 20 The Registration of Political Parties
125-167
and Allotment of Symbols Order, 2018

35 Annexure – 21 Form ‘ A’ 168-169

36 Annexure – 22 Form ' B' 170-172

37 Annexure – 23 Appointment of Election Agent (Form XII) 173
38 Annexure – 24 Appointment of Polling Agent (Form XIV) 174
39 Annexure – 25 Appointment of Counting Agent (Form XV) 175
40 Annexure – 26 Model Code of Conduct (Amended) 176-183
41 Annexure – 27 Use of loud speaker for election 184-187
campaigns - Order No.1031/TSEC-L/2019,
dated 07-02-2019 (Amended)
42 Annexure – 28 Prevention of disfigurement of Publication 188-201
Private places - Circular No.629/ TSEC -
L/2018, dated:08.08.2018.

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43 Annexure – 29 Restrictions on printing of pamphlets, 202-208
Posters etc - Order No.179/TSEC-L/2018,
dt.19-05-2018.
44 Annexure – 30 Dos and Don’ts for guidance of candidates 209-213
45 Annexure – 31 List of Challenged Votes (Form XX) 214
46 Annexure – 32 List of Tendered Votes (Form XIX)
215
47 Annexure – 33 Notice to candidate or their election
216
agents regarding the date, time and place
for counting
48 Annexure – 34 Revocation of appointment of Counting 217
Agent (Form XVII)

49 Annexure – 35 Final Result Sheet

218
50 Annexure – 36 Declaration of the Result of Election (Form
– XXXI) 219
51 Annexure – 37 Certificate of Election (Form XXXIII)
220
52 Annexure – 38 Maintenance and scrutiny of accounts of 221-226
election expenditure Order.No.1079/TSEC-
L/2018, dt.20.12.2018
53 Annexure – 39 Maximum election expenditure that can be 227-228
incurred by each candidate – Notification
No. 409/TSEC-ULBs/2015-1, dated
30.12.2015
54 Annexure – 40 Ballot Paper Account Form XXI 229-230

55 Annexure – 41 Presiding Officers Diary 231-234

56 Annexure – 42 Notification on tendered votes – Zero tolerance 235-236

to impersonation

57 Annexure – 43 Compulsory identification of electors issued by 237-239

the TSEC in Circular No.663/TSEC-ULBs/2017,
dt:6.12.2018 – List of documents allowed to
establish their identity of elector at the polling
station.
58 Annexure – 44 Paper Seal Account Format 240

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 CHAPTER - 1

PRELIMINARY

If you are a candidate for election to the office of Ward Member of

Municipal Corporation, it is essential that you should know the salient
provisions of election law and procedure so that you may not experience any
difficulty or inconvenience in connection with your candidature. It is for your
benefit and guidance, the State Election Commission, Telangana has brought
out this Handbook, giving in brief the important and relevant provisions of
the law, rules and instructions/directions issued in connection with
elections.

Periodic conduct of credible, free and fair election has been the
hallmark of modern democratic India. Indian electoral system has gained a
world-wide reputation and being a contesting candidate and one of the
stakeholders, you have also a great responsibility to further strengthen this
reputation. Gandhiji’s quote “means must justify the ends” should always be
borne in your mind during the entire course of the election. Election can be
called truly free and fair only when all t he stakeholders perceive and accept
the election to be free and fair.

The elections are being more and more micro managed as an

institutional response to the growing complexities associated with the
elections. In this chapter, outlines of some of the salient features of the
election management in the light of new guidelines and instructions issued
by the Commission in recent times have been given.

1. TERM OF OFFICE:

As per Section 6(1) of Greater Hyderabad Municipal Corporation Act,

1955 (herein after referred to as GHMC Act, 1955), and read with section 14
of Telangana Municipal Corporation Act the term of office of ward members
elected at an ordinary election shall be 5 years from the date fixed by the
Commissioner for the first meeting of the Municipal Corporation.

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2. DELIMITATION AND EXTENT OF WARD

You should also know territorial extent of the Ward, where you are
contesting and its status i.e., whether Reserved (or) General Ward. The
copies of notifications will be available for information with the Returning
Officer of your Ward.

3. RESERVATION FOR SCHEDULED TRIBES, SCHEDULED

CASTE, BACKWARD CLASSES AND WOMEN:

The offices of Ward Members in the Municipal Corporations reserved

for ST, SC, BC and Women will be notified by the Government in the State
Gazette before every ordinary election. This information will also be
mentioned in the election notice published by the Returning Officer appointed
for conduct of election of Ward Members of the Municipal Corporation.

4. REGISTERED VOTERS:

The elections to the office of Ward Members of the Municipal

Corporation are held on the basis of adult suffrage. Every person who is
not less than 18 years of age as on the qualifying date and registered as a
voter in the current electoral roll of the Ward is eligible to vote in the
respective polling station in the Ward. Mere availability of EPIC is not a basis
to vote in elections but one’s name must be found in the Electoral Roll.

5. PHOTO ELECTORAL ROLLS (PER) AND ELECTORS’ PHOTO

IDENTITY CARDS (EPIC):

As per the provisions of Section 12 of GHMC Act and Rule 3 of

Telangana Corporations (Preparation and publication of electoral rolls) Rules,
2001, issued thereunder, the electoral roll of every ward of a Municipal
Corporation is prepared by the person authorised by State Election
Commission duly adopting the latest Assembly Electoral Roll so far as it
relates to Municipal Corporations or any part thereof and published on the
date notified by the State Election Commission. These electoral rolls are

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prepared based on the latest available Assembly Constituency Electoral Rolls
in toto. After publication of the electoral rolls of a Ward as aforesaid,
publishing authority cannot make sumoto inclusions or deletions or
corrections in the electoral roll of the Municipal Corporation. However, any
inclusions, deletions and corrections ordered by the Electoral Registration
Officer of the Assembly Constituency in the electoral roll of the Assembly
Constituency under Section 22 or Section 23 of Representation of People Act,
1950 upto the date of election notification of the Municipal Corporation
concerned will be carried out in the electoral roll of the Municipal
Corporation. Hence, it is important for you to advice the citizens in your ward
to check up the status of their electoral registration well in advance so as
to enable them to take corrective action well before the date of election
notification.

The Photo Electoral Roll contains the photographs of the electors in

addition to all the information presently incorporated in the existing rolls.
This simplifies the process of verification of elector’s identity at the polling
station on the day of poll.

6. CANDIDATE MUST BE AN ELECTOR

It is necessary to note here that as a candidate, you must ensure that

your name has been included in the current electoral roll of your Municipal
Corporation on the basis of which the election will be held. Under the law,
the electoral roll of Municipal Corporation will be published, well before the
election programme is announced. Even after the electoral roll for a Municipal
Corporation has been published, a person whose name has not been included
till the date of election notification in the roll, has a right to apply for the
inclusion of his name in the electoral roll till the date of election notification
if he is qualified for such inclusion. The procedure for such inclusion is
provided for in section 23 of the Representation of the People Act, 1950.

7. MODEL CODE OF CONDUCT

A visible and rigorous enforcement of Model Code of Conduct enhances

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the credibility of the elections and gives confidence to the
stakeholders/voters. It is ensured that official machinery for the electoral
purposes is not misused. It is also ensured that electoral offences,
malpractices and corrupt practices such as impersonation, bribing and
inducement of voters, threat and intimidation to the voters, be prevented
by all means. Introduction of photo electoral roll by the Election
Commission is playing a crucial role in minimizing the scope for
impersonation.

8. POLLING AGENTS

The polling agent appointed by the candidate shall be a voter with in

polling area of that polling station. This is aimed at minimizing the external
interference in the election process at the polling station. Such polling agents
shall be ordinarily resident and elector of the concerned polling areas and
must have Electors Photo Identity Card or any other identification document
notified by the State Election Commission.

9. VULNERABLITY MAPPING

The threat and intimidation to the voters particularly, the voters from
vulnerable sections of the society in some parts of the State has been a
cause of concern. With a view to meet this challenge, the Commission has
recently introduced the system of ‘Vulnerability Mapping’. A free and fair
election can be conducted only in a conducive atmosphere from the law and
order point of view. Hence, it becomes imperative to keep track of the law
and order situation during the run up to the election and on the poll day.

10. BANK ACCOUNT

“Separate Bank Account is to be opened by each candidate for election

expenditure” - In order to facilitate monitoring of election expenditure, each
candidate is required to open a separate bank account exclusively for the
purpose of election expenditure. This account shall be opened at least one
day before the date on which the candidate files his nomination papers. The
4
Account Number of this bank account shall be communicated by the
candidate in writing to the Returning Officer concerned at the time of filing of
his nomination. All election expenditure shall be made by the candidate
from this bank account only. All money to be spent on electioneering shall
be deposited in this bank account irrespective of its funding from any source
including candidate’s own fund.

11. POSTAL BALLOT PAPERS

The Commission has issued instructions with reference to postal ballot

in Urban Body elections. The Returning Officer to closely monitor the
dispatch and delivery of Postal Ballot Papers to eligible voters applied for and
timely receipt back of polled ballots to avoid delay. The contesting
candidates and their election agents have some responsibility in making the
process functional and transparent.

12. CURBING OF MONEY POWER

An important pre-condition for fair election is to curb the money power

which undermines the level playing field. This can be achieved by keeping a
proper watch on expenditure incurred by the candidates/political parties.
The Commission expects you to co-operate with the election machinery for
implementation of its instructions on campaigning through vehicles and
defacement of public and private properties.

13. MICRO OBSERVERS

The Commission has introduced the system of appointment of Micro

Observers at the polling stations identified as critical who will work directly
under control and supervision of Observer of the Commission. The Micro
Observers are deployed at polling stations on the basis of various factors
which contribute to vulnerability of voters, like domination of one social
group over others, inaccessibility of the area, EPIC non availability, previous
history of violence etc.

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14. ZONAL/SECTORAL OFFICER

The District Election Authority will appoint sufficient number of

Zonal/Sectoral officers for each Ward. Usually, one Zonal/Sectoral officer will
be in charge of 10-15 polling stations. They will coordinate entire election
process in the polling stations assigned to them.

15. VIDEOGRAPHY OF CRITCAL EVENTS

Videography of critical events are made during the process of

electioneering and on the day of poll, taking into account sensitivity, previous
history of booth capturing and other malpractices, the general law and
order situation, the likelihood of corrupt practices and electoral offences and
other related factors and after analyzing the video recording, the
corrective measures are taken.

16. POLICE BANDOBAST

The Commission deploys significant number of Police Forces in the

Municipal area going for elections on the basis of its assessment of the
ground realities. It is to be ensured that the approved deployment of
Police Forces is implemented properly.

17. TRANSPARENCY

Transparency is the key for an effective and efficient election

management. It is endeavour of the Commission that the election
management should be transparent and there should not be any scope for
complaint of partiality on the part of any official involved in the election
management. The Commission takes very serious view about lack of
neutrality on the part of any election official. Hence, Political parties and
candidates are informed of the Commission’s instructions issued in this
behalf from time to time.

***
6
 CHAPTER - 2

QUALIFICATIONS AND DISQUALIFICATIONS

1. Qualifications:

If you want to contest for the office of Ward Member of a Municipal

Corporation, you must posses certain qualifications as detailed below:–

(a) If you are a candidate for the office of Ward Member of a

Municipal Corporation, you should be registered as a voter in the
electoral roll of any of the Wards forming part of that Municipal
Corporation and you must not be less than 21 years of age.
(b) If you are a candidate for the office of ward member which is
reserved to scheduled tribes, scheduled castes or backward
classes, you must belong to any of the caste of that scheduled
tribes, scheduled castes or backward classes as the case may
be in respect of Telangana State.

(c) You must be a woman to contest for the post reserved for
women. However a women candidate can contest for the
general seat in the same category. Also a candidate belonging
to reserved category (SC/ST/BC) can contest an unreserved
seat.

2. Disqualifications:

If you want to offer yourself as candidate you must not suffer from any
of the following disqualifications as on the date of scrutiny of nominations:

(d) You should not have been sentenced by any court to

imprisonment or for an offence involving moral turpitude.
(e) You should not be of unsound mind, or a deaf - mute or a
leper.
(f) You should not be having any interest in a subsisting lease or
contract entered into with or any work being done for the
Municipal Corporation.
(g) You should not be employed as a paid legal practitioner on behalf
of the Municipal Corporation or as a legal practitioner against the
Municipal Corporation.
(h) You should not hold any judicial office with jurisdiction within the
limits of the city.
(i) You should not be in arrears of any dues otherwise than in a
fiduciary capacity, to the Municipal Corporation upto and
7
 inclusive of the previous year, in respect of which a bill or notice
is duly served upon you and the time, if any, specified therein
for payment has expired.
(j) You should not be a person holding office or place of profit in a
Municipal Corporation, the Central Government or the State
Government. A person shall not be deemed to hold an office of
profit in the Municipal Corporation by reason only that he is a
Mayor or a member of the Municipal Corporation.
(k) You should not have been disqualified under section 21B of
GHMC Act, 1955 for having more than 2 children.
(l) You should not be disqualified by or under any law for the time
being in force for the purpose of elections to the Wards of
Municipal Corporation.
(m)You should not be an undischarged insolvent.
(n) You should not have been dismissed from the service of
Government, Corporation or any Local Authority for misconduct
and have been declared by a competent authority to be not
eligible for further employment in the public service.
(o) You should not have been disqualified under section 20B of
GHMC Act, 1955 for failure to lodge a return of election expenses
within the time and in the manner prescribed under section
617A, 617B & 617C of GHMC Act, 1955 and rules issued
thereunder, unless the period of operation of disqualification
order elapsed.
(p) If you had been disqualified for voting
under section 20 unless
such period has elapsed for which you were disqualified from
voting.

Extracts of relevant provisions dealing with Qualifications and

Disqualifications are appended as Annexure - 1.

***

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 CHAPTER – 3

NOTIFICATION FOR ELECTIONS

1. Election Notification issued by the State Election

Commission:

The State Election Commission, shall issue a notification under Section

24 of the Greater Hyderabad Municipal Corporation Act, 1955 calling upon
the registered voters of respective Municipal Corporations in the State to
elect the Members for the wards in Municipal Corporations. The State
Election Commission shall also issue another notification as required under
Section 33 of the GHMC Act, 1955 containing detailed election schedule
appointing dates for various stages of election process complying the
following norms prescribed therein.

2. Publication of election notice by the Returning Officer:

The Returning Officer will prepare and publish on the date notified by
the State Election Commission, a notice under Section 35 of GHMC Act, 1955
in Form 7 of Schedule-A (Annexure-2) of the Act on the notice board of the
Municipal Corporation in such language or languages and in such places as
the Returning Officer thinks fit as per the directions of State Election
Commission, stating –
(a) the dates, the place and the hours between which and to whom
nomination papers shall be presented.
(b) the availability of nomination forms.
(c) the date on which, the hours between which and the place at which
the nominations will be taken up for scrutiny
(d) the last date and time for withdrawal of candidature
(e) the time and place at which the poll will take place.

***

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 CHAPTER – 4

NOMINATIONS

1. Receipt of nominations:

The dates on which, the place at which and the hours between which
and to whom the nomination paper shall be presented are indicated in
the election notice published by the Returning Officer concerned under
Section 35 of Greater Hyderabad Municipal Corporation Act, 1955. The
nomination papers are received between 11:00 A M and 3:00 P M on the
dates notified in election notice including public holidays, if any.

2. Production of copy of electoral roll if you are an elector

of a different Ward:

If your name has been registered as an elector in the electoral roll of a

Ward other than that from which you intend to contest in that Municipal
Corporation, you must file along with your nomination paper either a certified
copy of the entire electoral roll of the Ward concerned in which your name is
enrolled or certified copy of the relevant part entry of that electoral roll in
which your name is enrolled.

3. Important points to be noted at the time of filing of

nominations:

The nomination paper must be in the prescribed proforma i.e., Form 8

of Schedule-A of GHMC Act, 1955 (Annexure-3). You should note the
following points at the time of filing of nominations.

(a) A nomination form shall be supplied free of cost on application

by the Returning Officer to any elector whose name is on the
electoral roll of any ward of the Corporation.
(b) Not more than 4 sets of nominations shall be presented by or
on behalf of any candidate for election in a ward.
(c) Every nomination paper shall be signed by an elector from the
ward concerned as proposer and the candidate shall sign a
declaration on it expressing his willingness to stand for election.
(d) A candidate for election as a member of a ward need not be a
person whose name is registered in the electoral roll for that
10
 ward (his name should however be in the electoral roll of any
ward in the Municipal Corporation) but the proposer shall be a
person whose name is registered on the electoral roll for that
particular ward.
(e) Every candidate shall be nominated by a separate nomination
paper. The elector standing as a candidate for election to a
ward shall not sign his own nomination as proposer.
(f) Where a person has signed a large number of nomination
papers as a proposer, only those of the papers of one
candidate so signed, which have been first received, shall be
deemed to be valid.
(g) Every nomination shall be presented by the candidate in
person or by his proposer on the date, at the place and
during the hour appointed to the Returning Officer or to such
other person as may be authorised by him in this behalf.
(h) The Returning Officer or such other authorised person will
forthwith number such nomination papers serially in the order in
which they are presented and enter on each nomination paper
the date and time at which it is presented. He will give a
receipt acknowledging the receipt of nomination paper to the
candidate/proposer as in Form IV (Annexure – 4) and notice of
scrutiny in Form V (Annexure – 5).
(i) The rejection of one nomination paper of any candidate on the
ground of any irregularity shall not affect the validity of the
nomination of the candidate if the candidate has been
nominated by means of another nomination paper in respect
of which no irregularity has been committed.
(j) A candidate set up by a recognized political party or a political
party registered with the State Election Commission as per
the provisions of the Registration of Political Parties and
Allotment of Symbol Order, 2018, should make a declaration in
Form – I (Annexure – 6), name of the political party on
whose ticket he/she is contesting and should also produce
Form-B from the political party authorising your candidature
for the seat before 3.00 PM on the last date for withdrawal of
candidature.
(k) On the presentation of a nomination paper the Returning
Officer or such person authorised by him may require the
person presenting the nomination paper to produce a copy of
the electoral roll on which the candidate and his proposer are
registered and will satisfy himself that the names and the
electoral roll numbers of the candidate and his proposer, as
entered in the nomination paper, are the same as those
entered in the electoral roll.
11
 (l) Any inaccurate description or clerical or printing error in regard
to the name of the candidate or his/her proposer or any other
particulars relating to the candidate or his proposer, as entered
in the electoral roll or in the nomination paper, may not
affect the nomination, if the identity of the candidate or
proposer, as the case may be, is otherwise established beyond
reasonable doubt.
(m) In case of every nomination filed in respect of reserved seat
for SC, ST and BC, a declaration in Form II (Annexure -7)
made by the candidate shall be attached to the nomination
papers.
(n) No nomination paper shall be received after the appointed
time for the presentation of nomination papers.
(o) A candidate may file nominations for moe than one ward in the
Municipal Corporation, but he / she shall withhold his/her nominations
to all wards except one ward of his/her choice, before the date and
time fixed for withdrawal of candidature, failing which, all his/her
nominations shall become invalid and shall not be allowed to contest
from any ward.
(p) During filing of nominations by the contesting candidates, the
maximum number of vehicles that will be allowed to come
within the periphery of 100 meters of office of the Returning
Officers shall be two per each. Detailed instructions are issued
vide SEC Order No.1032/TSEC-L/2019, dt:07.02.2019
(Annexure–12) on use of vehicles during filing of
nomination, during campaigning, restrictions on convoy of
vehicles, use of vehicles on the day of poll and on prevention of
mis-use of officials vehicles during elections, which shall be
followed by all the contesting candidates scrupulously.

4. Declarations accompanying Nomination Papers:

A) The Nominations filed under Section 36 of the
Greater Hyderabad Municipal Corporation Act,
1955 shall be accompanied by the following
declarations:-
i) A declaration as to choice of symbols in Form–I
(Annexure–6).
ii) Declaration about the SC, ST or BC status of the candidate
in case the nomination is for a Ward reserved for the said
categories in Form–II (Annexure-7).
iii) Declaration to abide by the code of conduct in
Form-III (Annexure-8).
iv) Declaration regarding election expenditure
12
 accounts: A candidate shall also sign a declaration in
the format shown in Annexure–9 regarding
maintenance of Election Expenditure Accounts, in the
presence of the Returning Officer before the date and
time fixed for scrutiny of nominations. The Returning
Officer shall countersign the declaration. The Returning
Officer shall insist for submission of this declaration by
the candidate. However, non- submission of this
declaration will not be a ground for rejection of
nomination paper.
v) Declaration regarding dis-qualifications: A
candidate shall sign a declaration in the format given in
Annexure –11 to the effect that he is not disqualified
for being chosen as Ward Member of the Corporation
under Sections 21 A, 21 B and 22 of the Greater
Hyderabad Municipal Corporation Act, 1955, in the
presence of the Returning Officer before the date and
time fixed for scrutiny of nominations. The Returning
Officer shall countersign the declaration. Where more
than one nomination form is filed by a candidate only
one declaration shall be sufficient.
B) Filing of self declaration in prescribed
format on criminal antecedents, assets &
liabilities and educational qualifications:
Every contesting candidate for the office of Member of a
Municipal Corporation shall along with his nomination paper also file an
affidavit with regard to criminal antecedents, assets and liabilities and
educational qualifications as required by the State Election
Commission in the format prescribed on a non-judicial stamp paper of
the value of Rs.20/- sworn before a Notary or a Magistrate of the First
Class as per Rule 4 (2) of Telangana. Municipal Corporations (Conduct
of Election of Members) Rules, 2005. The State Election Commission,
Telangana prescribed the Format in which the said Affidavit is to be
filed in Order No.91/TSEC-ULBs/2015, dt.28-02-2018 (Annexure-10).

Nomination furnished without an affidavit by any candidate or his

proposer shall be considered to be a violation to the said order issued
by the State Election Commission and the nomination of the candidate
shall be liable to be rejected by the Returning Officer at the time of
13
 scrutiny of nominations of the concerned candidate.

Punishment for false declaration:- Any candidate or his

proposer, makes a false declaration or gives information which he
knows or believes to be false is punishable under Section 182 or
under section 191 of Indian Penal Code.

5. DEPOSITS:

As per Rule 3 of Telangana Municipal Corporations (Conduct of Election

of Members) Rules, 2005, at or before the time of presentation of
nomination paper, every contesting candidate for the office of ward member
shall remit or cause to remit an amount of rupees five thousand and where
the candidate is a member of any of the Scheduled Castes or Scheduled
Tribes or Backward Classes the amount to be deposited by him or on his
behalf shall be rupees two thousands and five hundred only.

No candidate shall be deemed to be duly nominated for election to the

office of Ward Member if such deposit has not been made.

One deposit is required from each candidate in respect of his

candidature in a Ward and once such a deposit has been made and the
receipt enclosed with his first nomination paper, the candidate is not
required to make any other deposit in respect of subsequent nomination
papers, which may be presented on his behalf in that Ward.

Separate deposit shall be required in respect of each seat for which

that candidate wishes to stand.

The person belonging to SC/ST/BC who wishes to pay reduced

deposit shall furnish a declaration in Form II irrespective of the fact
whether he is contesting for a reserved or non-reserved seat.

The delivery to the Returning Officers of a receipt from a Government

Treasury or Bank wherein the Municipal Corporation has an account showing
14
the payment by or on behalf of a candidate to the credit of the Municipal
Corporation, of the amount required to be deposited shall be deemed to be
a deposit

6. RETURN AND FORFEITURE OF DEPOSITS:

Every candidate whose nomination paper has been found valid must
have deposited the requisite amount. The amount of deposit is half in the
case of a candidate belonging to a Scheduled Caste or Scheduled Tribe or
Backward Classes.

Deposits of –
(i) those candidates whose nomination paper found to be invalid
and rejected
(ii) those validly nominated candidates who have withdrawn their
candidatures in accordance with law before the expiry of the
time limit for such withdrawals
(iii) those candidates defeated in the poll and
(iv) the candidate duly elected at the election may have to be
returned to them or forfeited in accordance with the law as
described hereunder.
N.B: A deposit can be refunded only to the person in whose name it
was made in the treasury, or his legal representative if he is
dead.

LEGAL PROVISIONS:
Rule 60 of conduct of election rules stipulates the method of
disposal of the deposits made by the candidates.

i. CONDITIONS FOR RETURN:

A. The deposit made by a candidate shall be returned if the following

conditions are satisfied:

(i) the candidate is not shown in the list of contesting

candidates, that is to say either his nomination was
rejected or after his nomination was accepted, he
withdraws his candidature: or
(ii) he dies before the commencement of the poll; or
(iii) he is elected; or
(iv) he is not elected but gets more than 1/6th of the total
number of valid votes polled by all the candidates a the
15
 election.
N.B. (i) if the candidate has polled exactly 1/6th of the total number
of valid votes polled by all the candidates, the deposit will
not be refunded.
(ii) if the candidate was elected, the deposit will be refunded
even if he did not poll more than 1/6th of the total valid
votes polled by all the candidates.
(iii) WHEN TO RETURN THE DEPOSIT:

If the candidate is not shown in the list of contesting

candidates or if he dies before the commencement of the poll, the
deposit should be returned as soon as practicable after the
publication of the list or after his death, as the case may be. Some
candidates may have made along with their second and subsequent
nominations further security deposits. The second and subsequent
deposits should be returned, as far as practicable, after the
publication of the list of contesting candidates. In other cases, the
deposit should be returned as soon as practicable after the result of
election is declared.

The candidate or the legal representative should file his/her

claim within 6 months from the date of declaration of result the
Returning Officer concerned. In the event of not being filed the claim
within the prescribed time, the deposit amount shall stand forfeited.

iv. FORFEITURE OF DEPOIST:

Every deposit which is not refundable under any of the above

paragraphs in this chapter should be forfeited to Government.
The forfeited amount of security deposit relating to elections to
Municipal Corporations shall be credited to the concerned head of
account of the Municipal Body concerned under Rule 60(1) of
Telangana Municipal Corporations (Conduct of Elections Rules), 2005.

7. Restriction on number of vehicles and people at the

time of filing nominations:-

In order to avoid over crowding and to ensure proper control and order
at the time of filing of nominations, the Commission issued the following
16
directions vide Circular with reference No.1032/TSEC-L/2019, dt.07.02.2019
(Annexure-13)

The Returning Officer may inform various political parties and interest
groups that the maximum number of vehicles that will be allowed to come
within the periphery of 100 mtrs. of Returning Officer’s / Assistant Returning
Officer’s office shall be two per candidate and maximum number of persons
that will be allowed to enter the office of Returning Officer/ Assistant
Returning Officer at the time of filing nomination shall be the candidate plus
two other individuals who may include the proposer proposing the
nomination of the candidate i.e., there can be only three people (including
the candidate) who can remain present inside the Returning Officer’s /
Assistant Returning Officer’s room at the time of filing nomination. Section
36 of GHMC Act. 1955 stipulates that nomination paper can be delivered to
the Returning Officer either by the candidate in person or by his proposer.
Where a candidate chooses not to be present physically to deliver the
nomination paper, the proposer and two other individuals shall be allowed to
enter the office of Returning Officer. The expenditure on the vehicles that
are used to carry persons at the time of filing of nominations shall be
included in the election expenditure of the candidate if he remains in the
fray.

8. Publication of List of Nominations received: The Returning

Officers shall publish the list of nominations received everyday in Form-
VI. Immediately after expiry of the hour fixed for receipt of nominations
on the last date for receipt of nomination paper, the Returning Officer or
person authorised in this behalf shall publish in the Municipal Office a list
in Form-VI (Annexure-14) of all nominations received with a notice
that the nomination papers will be taken up by the Returning Officer for
scrutiny at the Municipal Corporation or other specified place on the date
and time specified in the election notice.

***
17
 CHAPTER – 5

SCRUTINY OF NOMINATIONS

1. Introduction:

(a) The Returning Officer is required by law to hold the scrutiny of

the nomination papers received by him at the municipal office or other
specified place on the date and time specified in the election notice issued
under Section 35 of Greater Hyderabad Municipal Corporation Act, 1955.
(b) On the date appointed for scrutiny of nominations, the
candidates, their election agents, one of the proposer of each candidate and
one other person duly authorised in writing by each candidate are allowed to
be present at the time of scrutiny. The Returning Officer will give such
persons all reasonable facilities to examine the nomination papers of the
candidates which were received by him.
(c) The candidate and the persons accompanying him can make any
substantial or material objection but not raise flimsy or irrelevant technical
objections in regard to any nomination paper.

2. Grounds of rejections:

The Returning Officer will examine the nomination paper and will
decide all objections which may be made in application or on his own motion
after such summary enquiry, if necessary, and reject any nomination on any
of the following grounds.

(a) If the candidate is ineligible for election under Section 21A, 21B and 22
of Greater Hyderabad Municipal Corporation Act, 1955.
(b) In case of election to member of a ward, if the proposer is a person
whose name is not registered in the electoral roll of the concerned
ward.
(c) If there has been any failure on the part of the candidate or his
proposer to comply with any of the provisions of Section 36 and 37 of
Greater Hyderabad Municipal Corporation Act, 1955.
(d) If the nomination paper has been delivered to the Returning Officer
or a person authorised by him in this behalf, by a person other than
yourself or your proposer.
18
 (e) If your nomination has not been delivered at the place specified in
the public notice issued by the Returning Officer.
(f) If the nomination paper has been delivered to a person other
than Returning Officer or person authorised by him in this behalf.
(g) If your nomination paper is not substantially in the prescribed form.
(h) If your nomination has not been signed either by you or by your
proposer or by both at the places meant for such signature in the
nomination paper.
(i) If the deposit required has not been made by you in accordance
with the law
(j) If the signature of the candidate or his proposer is not genuine.
(k) If a candidate files a nomination paper to contest a seat reserved
for SC/ST/BC or Women and the candidate does not belong to such
reserved category.
(l) If the candidate has not filed the affidavit prescribed by the
State Election Commission on disclosure of information regarding
criminal antecedents, assets & liabilities and educational
qualifications of the candidates.

3. Documents and other materials with which you should

be present at the time of Scrutiny:

To meet possible objections against your nominations, you may make

sure that you have with you, the following documents at the time of scrutiny
of nomination papers namely:

(a) An authentic copy of the current electoral roll or copy of the

relevant part of the electoral roll or a certified copy of the entry in
the electoral roll bearing your name and the name of your
proposer;

(b) Satisfactory evidence regarding your age;

(c) Where the deposit has been made in cash, the receipt given to
you by Returning Officer and where the deposit has been made in
a Government Treasury or in a Bank where the Municipal
Corporation has an account, the Treasury receipt or Challan;

(d) The receipt for the nomination paper and notice of scrutiny
which was handed over to you by the Returning Officer or the
authorised person on your presenting the nomination paper;
and

19
 (e) Proof of being a member of Scheduled Caste / Scheduled Tribe
/ Backward Class, as the case may be, if you are contesting a
seat reserved for any of the said categories.

(f) Any other evidence or material which may be necessary to repel

and rebut any objection which has been or may be raised against
your nomination.

4. Publication of list of validly nominated candidates:

The Returning Officer shall endorse on each nomination paper his

decision accepting or rejecting the same and if the nomination is rejected, he
will record in writing a brief statement of his reasons for such rejection. The
scrutiny shall be completed on the day appointed in the election notice and
no adjournment of the proceedings shall be allowed except when such
proceedings are interrupted or obstructed by riot or violence or causes
beyond the control of the Returning Officer.

Immediately after completion of scrutiny of nominations, a list of validly

nominated candidates shall be published in Form – VIII (Annexure –
15). There shall be one entry only in respect of each validly nominated
candidates in the list although more than one nomination paper in respect of
a candidate have been accepted as valid. If none of the nomination
paper is found valid on scrutiny, the name of that candidate should not be
entered in the list.

***

20
 CHAPTER – 6

WITHDRAWAL OF CANDIDATURE

According to sub-section (1) of Section 40 of Greater Hyderabad

Municipal Corporation Act, 1955, any validly nominated candidate may
withdraw his candidature by notice in writing in Form – 9 (Annexure – 16)
signed by the candidate and delivered to the Returning Officer at any
time after the presentation of his nomination paper and not later than 3.00
O’ Clock in the afternoon on next day of scrutiny of nominations. When the
notice is not delivered by the candidate in person, it shall be delivered by
his proposer or his election agent, who has been authorised in this behalf in
writing by the candidate himself.

You are requested to note the following four points which must be
scrupulously followed for withdrawal -

1. Notice of withdrawal in Form 9 (Annexure – 16) to be

delivered by the validly nominated candidate in person to the
Returning Officer not later than 3 ‘O’ clock in the afternoon on the
next day after the scrutiny of nominations.
2. If the withdrawal notice in Form 9 is not delivered by you in
person, it shall be delivered by your proposer or election agent,
who has been specifically authorised by you in writing in this
behalf.
3. It must be delivered to the Returning Officer before 3.00 PM on
the last date fixed for withdrawal of candidature.
4. A receipt should be obtained from the Returning Officer for having
received notice of withdrawal in Form-IX (Annexure –17).

You must also note that once a notice of withdrawal of your

candidature is given to the Returning Officer, you will not be allowed under
any circumstances to cancel the withdrawal. Therefore, you should firmly
make up your mind before the notice of withdrawal is actually delivered to
the Returning Officer.

The Returning Officer shall, cause a notice of withdrawal in Form X

(Annexure –18) mentioning the details of candidate withdrawn on that day
to be affixed on the notice board of the Municipal Corporation Office.
21
 CHAPTER – 7

1. LIST OF CONTESTING CANDIDATES AND ALLOTMENT OF

SYMBOLS

Immediately after the expiry of the time for withdrawal of candidature,

the Returning Officer concerned shall prepare the list of contesting
candidates for the office of the Ward Member of the Municipal Corporation,
in Form XI (Annexure-19) under Rule 9 of the Telangana Municipal
Corporations (conduct elections of Members) Rules, 2005 read with Section-
41 of GHMC Act, 1955 and publish it.

The names of the candidates shall be arranged with reference to

surnames of candidates in alphabetical order in Telugu where there is no
surname, the proper name shall be taken into consideration. Where only
initials precede the proper name, the initials have to be ignored while
arranging the names in the list of contesting candidates.

(i) Candidates of recognised Political Parties registered with

TSEC (Candidates set up by National Parties, State
Parties in the State of Telangana and State Parties in
other States fall under this category).
(ii) Candidates of registered Political Parties with reserved
symbols (Candidates set up by registered political parties
registered with TSEC with a reserved symbol fall under
this category).
(iii) Candidates of registered Political Parties without any
reserved symbols (Candidates set up by registered political
parties registered with TSEC without a reserved symbol fall
under this category).
(iv) Other candidates. (Independent candidates fall under
this category).

The names of the candidates shall be arranged as indicated above

in each category in Telugu alphabetical order and the addresses of the
contesting candidates as given in the nomination paper may be noted in
the list of contesting candidates.

22
 If the poll is found necessary i.e., if there are more than one candidate
contesting for the office of Member of Municipal Corporation, the
distinguishing symbol assigned to them shall be specified against the name of
each contesting candidate in Form XI (Annexure-19) and the Returning
Officer shall publish list of contesting candidates for Members of Municipal
Corporation in the District Gazette/State Gazette. Only the name of the
symbol assigned to each candidate need be mentioned in column 6 of the
list of contesting candidates and there is no need to affix the symbol itself.

2. Symbol Notification:

The State Election Commission issued Registration of Political Parties

and Allotment of Symbol Order, 2018, (hereinafter referred to as Symbol
Order, 2018) (Annexure -20) in which the procedure for allotment of
symbols to the contesting candidates in elections to local bodies has been
prescribed under paras 6, 6A, 7 & 8 in part III and the same is re-
produced as below:-

6. Choice and allotment of symbols:

(1) A candidate set up by a recognised National Party and registered
with the State Election Commission at any election to the local
bodies in the State shall choose, and shall be allotted, the symbol
reserved for that party by the Election Commission of India and
no other symbol.
(2) A candidate set up by a recognised State party and registered
with the State Election Commission at any election to the local
bodies in the State, (whether) such party is a State party in the
State or not, shall choose, and shall be allotted the symbol
reserved for that party by the Election Commission of India and
no other symbol.
(3) A candidate set up by a registered political party at any election
to the local bodies in the State shall choose, and shall be allotted
the symbol reserved for that party by the Commission and no
other symbol.
(4) In any election to the local bodies in the State, a reserved symbol
shall not be chosen by, or allotted to, any candidate other than
a candidate set up by a recognised or registered political party
for whom such symbol has been reserved, even if no candidate
has been set up by such party in such election.
23
6A – Concession to candidates set up by registered political
parties without a reserved symbol.

The candidates set up by a registered political party without a

reserved symbol at the ordinary election to the MPTCs / ZPTCs or Ward
Members of Municipal Bodies, may be allotted a common symbol from the
list of free symbols, subject to the fulfilment of the following conditions,
namely –
(i) A Registered Political Party sets up candidates at least in 10% (ten
percent) of the total number of MPTCs or ZPTCs or Ward Members
of Urban local bodies as the case may be, in the State and give an
application to the State Election Commission also with an
undertaking to that effect within two clear days of the date on which
the notification (or first of the notifications in the case of a phased
election) of the election has been issued.
(ii) The registered political party shall submit to the Commission a
demand draft for Rs. 10,000/- (Rupees ten thousand only) drawn in
the name of Secretary, Telangana State Election Commission,
Hyderabad as deposit which subject to clause (iv) be refundable;
(iii) The Registered Political Party shall give the names of ten symbols,
in order of preference, from out of the list of free symbols notified
by the Commission for the election;
(iv) The Registered Political Party shall also give an undertaking that if
the party does not set up candidates in the minimum number of the
constituencies as prescribed in condition (i) above, its candidates
shall not be entitled to allotment of common symbols to them and in
addition agrees to the forfeiture by the Commission of the deposit
amount, referred to in clause (ii);
Explanation: For the removal of doubt, it is hereby clarified that-
(i) The concession of allotment of common symbol to the
candidates of a registered political party without a reserved symbol
under this paragraph shall be only a one-time facility and a party
that has availed of this concession once shall not be automatically
eligible for the concession in any subsequent Ordinary Election;

(ii) The symbol allotted as a common symbol to the candidates of

a party under this paragraph shall be available for allotment to
candidates set up by the other parties or independent candidates in
those other constituencies in which that party has not set up its
candidates;
(iii) If two or more parties give preference for the same symbol,
then the question of allotment of the symbol to one of such
parties shall be decided by draw of lots;

24
 (iv) Notwithstanding anything contained in clause (iii) a political
party has been allowed to contest with a particular common symbol
in last general elections to the Telangana Legislative Assembly or
House of the People that political party shall have the preference
for allotment of the same symbol.
(v) If it is not possible for the Commission for any reason to allot a
common symbol to the candidates of a registered political party
from out of the list of symbols it has given its preference under this
paragraph, some other symbol from the list of free symbols may be
allotted to that party in consultation with that party.

7. Choice of symbols by other candidates and allotment

thereof:-
(1) Any candidate at an election to local bodies in the State, other than
a. a candidate set up by a recognised political party;
b. a candidate set up by any registered political party with a reserved
symbol referred to in sub paragraphs (b) and (b1) of paragraph-5A,
and
c. a candidate set up by any registered political party referred to in
paragraph-6A; shall choose and shall be allotted in accordance with
the provisions hereafter set out in this paragraph, one of the
symbols specified as free symbols by the Commission.
(2) Where any free symbol has been chosen by only one candidate at such
election, the returning officer/election officer shall allot that symbol to that
candidate and to no one else.
(3) Where the same free symbol has been chosen by several candidates at
such election, then, -
a. if of those several candidates one of the candidates is, or was
holding the same office, and was allotted that free symbol at the
previous election to the same office, when he was chosen, the
returning officer/election officer shall allot that free symbol to that
candidate and to no one else; and
b. if of those several candidates, no one is, or was, a sitting member,
the returning officer/election officer shall decide by lot to which of
those candidates that free symbol shall be allotted, and allot that
free symbol to the candidate on whom the lot falls and to no one
else;
(4) Where the same free symbol has been chosen by several candidates at
such election, then -
(a) If, of those several candidates, only one is a candidate set up by a
registered political party without a reserved symbol and all the rest
are independent candidates, the returning officer shall allot that free
symbol to the candidate set up by the registered political party without
25
 a reserved symbol, and to no one else; and, if, of those several
candidates, two or more are set up by different registered political
parties without a reserved symbol and the rest are independent
candidates, the returning officer shall decide by lot to which of the two
or more candidates set up by the different registered political parties
without a reserved symbol that free symbol shall be allotted, and allot
that free symbol to the candidate on whom the lot falls, and to no one
else.
Provided that where of the two or more such candidates set up
by such different registered political parties without a reserved symbol,
only one is, or was, immediately before such election, a sitting member
of the local body (irrespective of the fact as to whether he was allotted
that free symbol or any other symbol at the previous election when he
was chosen as such member), the returning officer/election officer
shall allot that free symbol to that candidate, and to no one else:
(b) If, of those several candidates, no one is set up by any registered
political party without a reserved symbol and all are independent
candidates, but one of the independent candidates is, or was,
immediately before such election a sitting member of the local body
and was allotted that free symbol at the previous election when he
was chosen as member, the Returning Officer/Election Officer shall
allot that free symbol to that candidate, and to no one else; and
(c) If, of those several candidates, being all independent candidates, no
one is, or was, a sitting member as aforesaid, the returning
officer/election officer shall decide by lot to which of those independent
candidates that free symbol shall be allotted, and allot that free
symbol to the candidates on whom the lot falls, and to no one else.”

8. When a candidate shall be deemed to be set up by a

political party:-
For the purposes of an election for any Local Body to which this Order
applies, a candidate shall be deemed to be set up by a political party in any such
Local Body, if, and only if,-

(a) the candidate has made the prescribed declaration to this

effect in his nomination paper;
(b) the candidate is a member of that political party and his name
is borne on the rolls of members of the party;
(c) a notice by the political party in writing, in Form B, to that
effect has, not later than 3 p.m. on the last date for
withdrawal of candidature, been delivered to the Returning
Officer concerned;
(d) the said notice in Form B is signed by the President, the
Secretary or any other office bearer of the party, and the
President, Secretary or such other office bearer sending the
26
 notice has been authorised by the party to send such notice;
(e) the name and specimen signature of such authorised person
are communicated by the party, in Form A, to the Returning
Officer and to the District Election Authority concerned, not
later than 5 p.m. on the last date for making nominations;
(f) Forms A and B are signed, in ink only, by the said office
bearer or person authorised by the party: Provided that no
facsimile signature or signature by means of rubber stamp,
etc., of any such office bearer or authorised person shall be
accepted and no form transmitted by fax shall be accepted.

The following instructions were issued by the Commission with regard

to setting up of candidates by political party under Rule 8 of symbol order:

3. Submission of Form-A/Form-B by candidates set up by

Recognised and Registered Political Parties:
A candidate shall be deemed to be set up by a recognised party or
registered party (with or without reserved symbol) if the candidate made a
declaration to that effect in the nomination form and produces authorisation
from the political party concerned as per the following instructions:-

1. President or the General Secretary of any registered political

party or State President or State General Secretary of a
recognised National Party can send Notice about the candidates
set up by the party, either authorise a party functionary in Form-
A as in (Annexure –21) in respect of the Municipal Corporation
concerned and send such form duly signed by him/her to the
District Election Authority, i.e., Commissioner, GHMC in case of
GHMC and concerned District Collectors in case of other
Municipal Corporations or directly to the Returning Officer in
Form-B as shown in (Annexure –22).

2. The Form-A to be submitted to the Commissioner of the

concerned Municipal Corporation must be handed over to the
said authority before 5.00 P.M. on or before the last date of filing
of nominations.

3. The Notice issued in Form-B, either by the Party President or

General Secretary as mentioned in item-1 above or by the
party functionary authorised by the party through Form-A, shall
be delivered to the Returning Officer concerned before 3.00 P.M.
on the last day of withdrawal of nominations.
4. The Commissioner of the concerned Municipal Corporation, on
27
 receipt of notice in Form-A about the names and specimen
signatures of the party functionaries authorised to issue Form-B
at the District level, shall make xerox copies of these forms and
arrange to send them to all the Returning Officers concerned in
the Municipal Corporation before 3.00 P.M. on the last date of
withdrawal.
5. There is no objection, if the Form-A signed by the party President
or General Secretary and the Form-B signed by the authorised
party functionary is directly submitted to the Returning Officer
on before 3.00 pm on the last day of nominations and before
3.00 pm on the last date of scrutiny of nominations respectively
and the Returning Officer, in such case, shall presume that the
candidate is duly nominated by the concerned party.
6. In case Form-B signed by the State Level Party President or
General Secretary is submitted to the Returning Officer in
prescribed time, there is no need for Form-A in such cases.
7. In cases where Form-B is issued parallelly to several candidates
for the same Ward, the Form-B which is received first in point of
time, will be taken into consideration for allotting symbols of that
political party by the Returning Officer.
8. Political parties are permitted either to cancel the authorisation
in Form-B given in favour of one candidate or change such
authorisation by substituting the name of another candidate,
subject to the following conditions namely –
(a) Subsequent authorisation canceling the earlier
authorisation in Form-B is received by the Returning
Officer concerned not later than 3.00 PM on the last date
of withdrawal.
(b) Such subsequent authorisation in Form-B is signed by the
same party functionary who signed the earlier B-Form and
clearly shows that it cancels the earlier authorisation.
(c) The Returning Officer is satisfied about the genuineness of
the subsequent authorisation; and
(d) the candidate in whose favour subsequent authorisation
has been given has already made a declaration in his
nomination paper that he has been set up by the said
political party.
9. The substitute candidate (also commonly called dummy
candidate) of a political party will set in only in the event of the
nomination of the main candidate being rejected on scrutiny or
withdrawal of candidature by the main candidate (if the
nomination of substitute candidate is otherwise valid and he is

28
 still in the field).
10. Where a candidate has made a declaration in his nomination
paper that he has been set up by a political party but could
not produce authorisation in A and B Forms from the political
party concerned within the stipulated time, he shall be treated as
an independent candidate.

11. Where a candidate has not made a declaration in any of his

nomination papers that he has been set up by a particular
political party, he shall not be deemed to have been set up by
that party even if that party gives him intimation to that effect
in Forms A and B subsequently, and he shall not be allotted
the symbol reserved for that party. He shall be treated as an
independent.

4. DECLARATION OF RESULTS OF UNCONTESTED ELECTION:

In case of uncontested election the procedure in Section 54 of the

Greater Hyderabad Municipal Corporation Act, 1955 may be followed.

***

29
 CHAPTER – 8

APPOINTMENT OF ELECTION AGENT, POLLING AGENT AND

COUNTING AGENT

1. Election Agent: As a candidate, you may appoint in writing some other

person to be your election agent. Such appointments may, if you so
desire be made at any time you like. The appointment shall be made in
Form XII (Annexure - 23) and the notice of appointment shall be given in
writing to the Returning Officer. You may obtain in writing an acceptance
by such person for being appointed as your election agent. No person
who is disqualified under Section 22 of Greater Hyderabad Municipal
Corporation Act, 1955 thereof shall be appointed as an election agent.
You may revoke appointment of your election agent in writing and such
revocation will be operative from the date on which it is lodged with the
Returning Officer. In the event of such revocation or of death of an
election agent you may appoint another person to be your election agent
in a like manner. The election agent so appointed by you shall perform
such functions during elections as are authorized under the relevant
conduct of election rules.

2. Polling Agent: You or your election agent may appoint one agent and
one relief agent to act as polling agents for each polling station and such
appointment shall be made by writing a letter in duplicate in Form XIV
(Annexure - 24) signed by you or your election agent. You or your
election agent shall deliver duplicate copy of the letter to the polling agent
who shall on the date fixed for the poll present the copy to and sign the
declaration contained therein before the Presiding Officer of the polling
station where such polling agent is appointed for duty and the Presiding
Officer shall retain it thereafter in his custody. At any polling station at
any given point of time only one polling agent or relief agent can be
present but not both.

30
 Any revocation of an appointment of polling agent shall be signed by
you or your election agent and such revocation will be operative from the
date on which it is lodged with the Returning Officer. In the event of
revocation or death of any agent at any time before the commencement
of poll, you or your election agent may appoint polling agent in the manner
prescribed above.

The role of polling agent is to observe the polling i.e., whether the
poll process is orderly, free and fair. The polling agent can perform this role
only if he is from local area and familiar with the identity of voters of that
particular booth. A person appointed as polling agent from outside the polling
station and not familiar with the identity of voters will not serve the purpose
for which he is appointed. Moreover, in such cases, there is always a
possibility of bringing in antisocial elements, rowdy sheeters etc., from
outside in the guise of polling agents to intimidate the voters, polling
personnel or polling agents of other candidates. The State Election
Commission has, therefore, issued the following guidelines with regard to
appointment of polling agents by contesting candidates.

I With regard to the appointment of Polling Agents:-

(i) The Polling Agents / Relief Agents who are appointed by

contesting candidates or their Election Agents shall be ordinary
residents and electors of the concerned polling areas within the
Polling Station.

(ii) Such Polling Agents / Relief Agents must have Adhar / EPIC or
any of the identity documents notified by the State Election
Commission.

(iii) The following persons irrespective of whether he / she is provided with

security or not or anything else shall not be appointed as Election
/Counting Agent of a candidate during an election:

(i) Any sitting Minister of Union and State Government;

(ii) Sitting Member of Parliament;

31
 (iii) Sitting Member of Legislative Assembly/Legislative Council;
(iv) Mayor of a Municipal Corporation, Chairperson of Municipality;
Member of any ULBs;
(v) Elected Chairperson of National/State/District cooperative
Institution;\
(vi) Political functionaries appointed as Chairpersons of Central
PSUs/State PSUs, Chairpersons of Government Bodies,
Government Pleader/Additional Government Pleader.
(vii) Any Government Servant.

(iv) All polling agents shall display their identity document prominently
on their person on the day of poll for easy and quick identification.

II With regard to seating arrangements inside the

Polling Station:-

(i) the set up of polling stations is made in such a way that the
polling agents are seated inside the polling stations so that
they may see the face of an elector as and when he
enters the polling station so that they can challenge
the identity of the elector, if needed. They should also be
able to watch entire operation inside the polling station
including his/her movement to the voting compartment and
his/her exit from the polling station after recording his/her
vote. But they should not, in any event, be seated in a place
where they have the chance of seeing voter actually
recording his/her vote which would compromise secrecy of
voting.

(ii) the seating arrangement at the polling station for the polling
agents, shall be guided by the priority categories wise as
shown below:
i. Candidates of recognised National parties and State parties
registered with TSEC;
ii. Candidates of registered parties with TSEC with a reserved
symbol;
iii. Candidates of registered parties with TSEC without a
reserved symbol; and
iv. Independent candidates.

32
III With regard to providing specimen signatures of contesting
candidates and their election agents to the Presiding Officer:-

(i) Every polling agent must produce before the Presiding Officer
of the polling station the appointment letter in Form XIV
(Annexure –24), by which the candidate or his election agent
has appointed him. This must be done at least one hour
before commencement of the poll.
(ii) However, the Presiding Officer of a polling station is not in a
position to verify the signature of the candidate or his election
agent as given in appointment letter in Form XIV presented
to him by the polling agent as he will not be having the
specimen signatures of the candidates or their election
agents. This may result sometimes in presentation of spurious
Form XIV by unscrupulous persons with the purported /
forged signatures.
(iii) In order to prevent any such malpractices and unscrupulous
methods at the polling stations, the Commission has
devised a Format as indicated overleaf for obtaining the
specimen signatures of the candidates and their election
agents.

Format for Specimen Signature of Candidates and their Election

Agents

Election to the Office of Member of Ward No. _ & Name of Ward _

of *Mplty / Municipal Corporation.
The specimen signatures of contesting candidates and their election
agents are given below for the purpose of verification of their signatures by
the Presiding Officer in the letters of appointment of Polling Agents at the
time of poll :-

Name of Name of
Sl
Contesting Specimen his/ her Specimen
.
Candidate Signature Election Signature
N
o. Agent

Shri/Smt./Ms.
1 (Candidate ………………………. Shri/Smt./Ms ……………………….
No.1) .

Shri/Smt./Ms.
2 (Candidate ………………………. Shri/Smt./Ms ……………………….
No.2) .

33
 Shri/Smt./Ms.
3 (Candidate ………………………. Shri/Smt./Ms ……………………….
No.3) .

Place: Signature:
Date: (SEAL)
* Returning Officer /
Election Officer

* Strike off whichever is inapplicable.

3. Counting Agent: Each candidate may appoint such number of

counting agents at places fixed for counting as may be specified by the
District Election Authority. Generally each candidate can appoint as many
counting agents as there are counting tables. Every such appointment
shall be made by you or your election agent before the commencement
of counting of votes by writing a letter in duplicate in Form-XV
(Annexure –25) and by forwarding it to the Returning Officer. One copy
of which shall be forwarded to the Returning Officer while the other copy
shall be made over to the counting agent for production before the
Returning Officer at least one hour before the commencement of counting
on the date fixed for counting and sign the declaration contained therein
before the Returning Officer and Returning Officer shall retain it for
custody. The counting agents so appointed by you may perform such
functions in connection with counting of votes as or authorized under the
relevant conduct of election rules. Any revocation of an appointment of
counting agent shall be signed by you or your election agent and such
revocation will be operative from the date on which it is lodged with the
Returning Officer. In the event of revocation or death of any agent at any
time before the counting of votes, you or your election agent may appoint
counting agent in the manner prescribed above.
Any person under security cover of the State shall not be appointed as
Counting Agent.
***
34
 Chapter – 9
Campaign Period
1.Introduction:
The election law provides an interval of not less than 9 clear days
between the last date fixed for withdrawal of candidature and the poll. This
period could be utilized for canvassing and educating the voters and training
the workers and agents that you will have to employ for election purpose.
However, please note that campaigning stops 48 hours before the hour fixed
for close of poll.

2. Corrupt practices and electoral offences:

While undertaking your electioneering campaign, you should ensure

that the highest standard of morality and purity are maintained, as that
would in turn ensure free and fair election. Corrupt practices and electoral
offences tend to mar the smooth conduct of an election and disturb the
atmosphere of healthy contest that should prevail during the elections. Any
corrupt practices and offences by you, your agent and workers may vitiate
your election. You should, therefore keep in check your over enthusiastic
agents and workers from indulging in any objectionable activities. Even a
single proved instance of corrupt practice may be enough to unseat you, if
you are successful in the election.

In particular desist from the following (by yourself or by any other

person on your behalf):

(i) Any bribery or undue influence by way of coercion or intimidation of

voters or any impersonation;

(ii) Any arrangement, direct or indirect, to carry any voter to or from

polling station by any kind of vehicle used for transport (this is also
a criminal offence);

N.B. Even your party cannot arrange for such conveyance.

(iii) Any act to promote or attempt to promote on grounds of religion,

caste, community or language, feeling of enmity or hatred

35
 between different classes of citizens of India is a corrupt practice
and which may render your election void and entail disqualification
for membership and which is also an electoral offence punishable
with imprisonment for a term which may extend three years, or with
fine or both.

(iv) To draw any assistance from any Government servant to help

your prospects in the election, except that a Government
servant may, if he so desires, cast his vote for you;

N.B. Such assistance on the part of a Government servant is a

corrupt practice as well as an offence. If you instigate him to do
so, you will be liable criminally for abatement.

(v) exceeding the permitted legal maximum of election expenses;

(vi) any removal of ballot paper or voting machine from the polling
station or tampering with the ballot boxes or voting machines by
use of force or otherwise (these are criminal offences);
(vii) any appeal by you or by your agent or any other person with
your consent or with the consent of your election agent to vote
or refrain from voting of any person on grounds of his religion,
race, caste, community or language or the use of or appeal to
religious symbols or the use of or appeal to National Symbols
such as National flag or the National emblem which is a corrupt
practice under the law, (However, no symbol allotted to a
candidate shall be deemed to be a religious symbol or a
National symbol);
(viii) the publication of any statement of fact which is false in
relation to the personal character or conduct of any
candidates;
(ix) booth capturing as defined in sections 59A and 607-C of Greater
Hyderabad Municipal Corporation Act, 1955 is both a corrupt
practice and an electoral offence punishable with imprisonment
of not less than one year and upto three years and with fine.

3. Model Code of Conduct for guidance of political parties

and candidates:

Apart from the above mentioned corrupt practices and electoral

offences, the election campaigns may take different forms which may create
feelings of bitterness, irritation, confrontation and resentment among the

36
various political parties and candidates and vitiate the atmosphere. For
maintaining a healthy and peaceful atmosphere conducive for the conduct of
smooth election, the Commission has prescribed a Model code of Conduct
(Annexure – 26) which will be supplied to you after finalization of your
candidature. You must ensure that you, your supporters and agents
observe the model code of conduct. Any violation of model code of conduct
will be viewed seriously by the State Election Commission and may seriously
affect your election.

4. Use of Loud Speakers:

No Loudspeakers should be used for any meeting or procession or

for general propaganda without the prior written permission of the
authorities concerned and beyond the hours fixed by the Commission in
this behalf. A copy of the order issued by State Election Commission on
this subject is enclosed as Annexure-27.

5. Use of Vehicles for campaigning:

The candidates contesting the office of ward members of the urban

local bodies shall furnish details of the vehicles intended to be used by them
for campaigning, to the Commissioners of Municipal Corporation concerned.
Only after proper noting and authorization issued by the Municipal
Commissioner concerned, can the vehicles be used for the election campaign.
Thus, prior permission/ authorization by the Commissioners of Municipal
Corporations are a must for the actual deployment of any vehicle for
campaign purpose by the candidates. Detailed instructions are issued vide
SEC Order No.1030/TSEC- L/2019, dt.07-02-2019 (Annexure – 12) on use
of vehicles during filing of nominations, during campaigning, restrictions on
convoy of vehicles, use of vehicles on the day of poll and on prevention of
misuse of officials vehicles during elections, which shall be followed by all
the contesting candidates scrupulously.

37
6. Defacement of public or private property:

Private places and public places shall not be disfigured during

the election campaign by way of pasting election advertisements and wall-
writings in violation of the Model Code of Conduct. In order to prevent such
disfigurement, the Telangana Prevention of Disfigurement of Open Places
and Prohibition of Obscene and Objectionable posters and Advertisements
Act, 1997 (Act 28 of 1997) has been enacted. Section 4 of the said Act
makes the disfigurement of public or private place an offence punishable
with imprisonment which may extend up to three months or with fine which
shall not be less than Rs.1,000/- but which may extend up to Rs.2,000/- or
with both. Abettors of such disfigurement are liable to be punished under
Section 5 of the said Act. You must ensure that you or your agents etc.,
do not violate the provisions of this Act contravention of which will invite
Criminal Prosecution. A copy of the order issued by State Election
Commission in the matter is enclosed as Annexure-28.

7. Processions and meetings:

You or your party should obtain the required permission from the
proper authority for the holding of a meeting at any public or private place.
Temples, Mosques, Churches or other places of worship should not be used
as forum for such meeting or for any election propaganda. Similarly,
permission should also be obtained for conducting processions. The
application should be made in time to enable the local police authorities to
make necessary traffic and security arrangements. Taking out processions
on the same roads or routes on which some other candidate is also taking
out procession on the same day should be avoided. Pictorial representations
should be sober and moderate and of real educative value to voters. A
high standard of decency and decorum should be maintained while making
speeches or raising slogans.
No loudspeaker fitted on vehicles of any kind or in any other manner
whatsoever should be used during the period of 48 hours ending with the
hour fixed for the conclusion of the poll in an polling area.
38
8. Restrictions on printing of pamphlets, posters etc:

(a) Every election pamphlet, handbill, placard or poster, which is

printed or multigraphed by any process (except copying by
hand), must bear on the front, the name and address of the
printer and the name and address of the publishers, and
number of copies printed.
(b) The printer of any such documents must obtain from the
intending publisher a declaration (in duplicate) regarding his
identity signed by him and attested by two persons to whom
he is personally known.
(c) As soon as the document is printed the printer must send
one copy of the declaration and one copy of the document
to the Collector and District Election Authority of the
district;

(d) These restrictions however do not apply to any hand-bill,

placard or poster merely announcing the date, time, place and
other particulars of an election meeting or routine
instructions to election agents or workers. A copy of the order
issued by State Election Commission is enclosed as Annexure
–29.

9. Dummy Ballot Boxes:

There is also no objection to the candidates/ political parties
preparing dummy ballot boxes for the purpose of educating the voters. The
dummy ballot boxes may be made of wooden, plastic or plyboard boxes, half
the size of the official balloting units and may be painted brown, yellow or
grey.

10. Distribution of Photo Voter Slips:

Photo Voter Slips are distributed by official machinery and can also be
downloaded by voters from the web portal of the Municipal body concerned.
These voter slips will enable the voters to know the polling station where
he/she has to cast vote and also facilitate the polling personnel to quickly
identify the serial number of the voter in the marked copy of the electoral
roll. It also curtails the scope for impersonation, discourages unscrupulous
elements from approaching the voters with malafide intent to influence
39
them under the pretext of distribution of unofficial voter slips and also
improves voter turnout.

Production of Photo Voter Slip is not mandatory and any voter who
does not possess Photo Voter Slips shall not become ineligible to exercise
franchise. Every voter, whether he/she possesses a Photo Voter Slip or not,
shall produce either EPIC or any of the alternative identification documents
notified by the Commission to establish their identity at the polling station.

Photo Voter Slip will not be considered as an alternative identification

document approved by the Commission. If a voter is not supplied with a
Photo Voter Slip by the administrative machinery for any reason, an
impression should not be created that he is excluded from exercising his/her
franchise.

11. Polling Rehearsals:

You may arrange for your polling agent to attend polling rehearsals in
their respective areas so that they may get familiar with the polling
procedure.

12. Educating the Electors about the Voting Procedure:

Your workers should educate the electors about the voting

procedure and, in particular. The electors should be advised to give their
signatures or thumb impressions without any fear. They should be
informed that this will not in any way violate the secrecy of their vote or
disclose their identity, as the packets of counter foils of used ballot papers
containing the signatures/thumb impressions of electors will be sealed,
immediately after the close of the poll, with the seals of the Presiding
Officers and polling agents of the candidates and such sealed packets
shall not thereafter be opened or inspected by any person except under
the order of a competent court.

40
 Your workers should also familiarize the electors about the other
details of voting procedure followed at the polling station. The electors
should be informed that they are required to produce EPIC or other
alternative identification documents prescribed by the State Election
Commission. After an elector’s name is located in the electoral roll and his
identity established, his left forefinger will be marked with indelible ink. He
will then be required to give his signature or thumb impression on the
counter fiiol of the ballot papers. If he puts his thumb impression, he
should clean his thumb with the help of a piece of wet cloth or rag provided
on the table of the polling officer. This will be necessary to avoid any
possible smudge on the Ballot paper. The Polling Officer in-charge of the
arrow cross marked rubber stamps for marking the ballot paper, will take the
ballot papers from elector and fold it twice, first vertically and then
horizontally and then unfold the ballot paper and hand it over to the elector
to enable him to vote. Before allowing the elector to proceed to the voting
compartment, he/she will also check and ensure that the elector’s left
forefinger bears a clear indelible ink mark.

13. Dos and Don’ts for Guidance of candidates:

The election law is quite comprehensive and the procedure is quite
elaborate. It is upon their due observance that the purity of the election
depends. Some of the Dos and Don’ts are suggested for your guidance in
Annexure – 30. It should be noted that these are not exhaustive but are
only illustrative and for your guidance.
***

41
 Chapter – 10

POSTAL BALLOT PAPER

The State Election Commission has noticed that due to lack of

awareness about availability of facility of voting by Postal Ballot Papers under
the law among the Government employees including police etc., deployed
for election duty and also due to delay in dispatching and further postal
delays in delivering the postal ballot to the eligible voters and in receiving the
ballots back from them, the postal ballot system is not functioning as
effectively as it should be. To make use of postal ballot system more
effectively, the Commission has given necessary instructions to the
concerned authorities.
Postal ballot papers to those voters who are entitled to vote by post on such
request. They are:-
(a) Service voters and their wives;
(b) Voters subjected to preventive detention; and
(c) Voters as election duty who opt for postal ballot.

Members of Armed Forces of the Union and members of Armed Police Force of
the State serving outside the State and spouse of any such person.

“Voters under preventive detention” means any voter subjected to preventive

detention under any law for the time being in force.

“A voter on election duty” means a polling officer, a presiding officer or other

public servant who is an electors in the ward and is by reason of his being on
election duty, unable to vote at the polilng station where he/she is entitled to vote.

The Polling Officers may be electors in some Municipality. The order of

appointment as Presiding officer/Polling Officer will be issued in duplicate and along
with the order, the Returning Officer will send Form XXII to enable the Polling
Officers to apply for Postal Ballot Papers to the Returning Officer. The concerned
Returning Officer will issue/send the postal ballot papers to those who are on
42
election duty and applied for postal ballot papers in time if his name is enrolled as
voter in the electoral roll.
The contesting candidates shall monitor and watch this system of postal ballot
papers.

UNDER THE PRESENT SYSTEM, DUTY TO POLLING PERSONS IS ASSIGNED

BY THE METHOD OF RANDOM SELECTION AND NORMALLY THE PERSONS ARE
ASSIGNED DUTY OUTSIDE NATIVE MANDAL AND WORKING MANDAL MUNICIPAL
WARD / MUNICIPAL CORPORATION. BUT WITHIN THE SAME DISTRICTS. HENCE
TO ENABLE ALL PERSONS ON POLLING DUTY TO EXERCISE THEIR FRANCHISE,
THEY ARE ASKED TO APPLY FOR AND OBTAIN POSTAL BALLOT PAPERS FOR
VOTING. UNDER THE LAW, THERE IS NO BAR TO VOTE BY POST, EVEN IF THE
PERSON IS PUT ON DUTY IN THE SAME CONSTITUENCY WHERE HE IS REGISTERED
AS AN ELECTOR.

***

43
 Chapter – 11

Polling Day

1. INTRODUCTORY:

Poll is the most important event in the election process. It is through

the poll that the electors express their choice of the candidate to represent
them in Wards of the Municipal Corporation.

2. DECLARATION OF HOLIDAY ON POLL DAY:

The election law provides that every person employed in any business,
trade, industrial undertaking or any other establishment and entitled to vote
at election to the Ward Members of the Municipal Corporation, shall on the
day of poll, be granted a holiday or permitted avail time to franchise. No
deduction or abatement of wages of any such person shall be made on
account of such paid holiday/permission.

3. PROHIBITION OF CANVASSING:

The election law prohibits canvassing in or near polling stations on

polling day. No person shall commit any of the following acts within a polling
station or in any public or private place within a distance of 100 meters of a
polling station, namely:

(a) canvassing for votes;

(b) soliciting the vote from any elector.
(c) persuading any elector not to vote for any particular
candidates;
(d) persuading any elector not to vote at the election;
(e) exhibiting any notice or sign (other than an official notice)
relating to the election;
(f) using or operating within or at the entrance of the polling
station or in any public or private place in its
neighbourhood any apparatus for amplifying or reproducing
the human voice, such as megaphone or a loudspeaker;
and

44
 (g) shouting or otherwise acting in a disorderly manner within
or at the entrance of a polling station or in any public or
private place in the neighbourhood.

N.B. The distance from which a loudspeaker, etc, is used (even if for
other than election campaigning) is immaterial. The offence will be
committed even if it is used from a distance of more than 100 meters if
it causes annoyance to any person visiting the polling station for
the poll or interference with the work of officers and other person on
duty at the polling station.

4. PREVENTION OF VOTERS FROM VOTING:

It is cognizable offence to detain any voters in a camp or any other

place whether with or without his consent or obstruct his way to polling
station or to prevent him from voting in any manner. If you receive
information that any person is so detained or obstructed or prevented you
should report the matter to the Presiding Officer, or to the nearest police
station or to the Returning Officer who will take effective action to enable the
person who are wrongly detained or obstructed or prevented to exercise their
franchise even if the detention or obstruction is done in a private place.

5. ILLEGAL HIRING OF VEHICLES FOR THE CONVEYANCE OF

VOTERS:

Do not allow anyone on your behalf to provide conveyance for voters

on the polling day. It is both a corrupt practice and an electoral offence. If
you find any other candidate or his agents, supporters or workers providing
such conveyance for voters you should make a complaint to the police in this
regard then and there and take action to prosecute the offender, under
Section 607 of Greater Hyderabad Municipal Corporation Act, 1955. If you do
not do so and merely send a complaint to the election authorities, much
valuable evidence against the offenders would be lost. You may also use
this as ground for filing an election petition against the offending candidate
in due course as free conveyance of voters from or to polling station is
also a corrupt practice. Your polling agent can also make a written complaint
in this regard to the Presiding Officer who will forward the same to the

45
Magistrate concerned who has jurisdiction to deal with such cases and
Zonal/Sectoral Officer. You may also ask the Presiding Officer to record his
remarks on the complaint from his own observations.

A copy of the instructions issued by the State Election Commission

on plying of vehicles on the date of poll is enclosed as Annexure – 12.

6. REMOVAL OF BALLOT PAPERS OR BALLOT BOXES FROM POLLING

STATION TO BE AN OFFENCE:

If you or your agents honestly suspect that any voter is illegally taking
any ballot paper or ballot box out of polling station or unauthorisedly or
fraudulently tampering with the same, draw the attention of the Presiding
Officer to the matter immediately for necessary action on his part. This
kind of act is punishable with imprisonment for a term which may extend to
one year with fine upto rupees five hundred or with both (section 608 of
GHMC Act 1955).

7. REMOVAL OF DISORDERLY PERSONS:

Any person who misconducts himself or fails to obey lawful

directions of the Presiding Officer during the poll may be removed from
the polling station under his order by any police officer or other
persons authorised by him.

8. WHEN POLLING AGENT SHOULD REACH THE POLLING STATION:

The polling agent should reach the polling station at least one hour
before the commencement of the poll. This will enable him to be present
when the Presiding Officer prepares the ballot box for taking the poll and
goes through the other preliminary/arrangements before the commencement
of the poll. If any part of these preliminaries has already been gone through,
the proceedings will not be commenced de-novo to accommodate any
latecomer. Each polling agent will be supplied by the Presiding Officer with a
pass on the authority of which the polling agent can go in and out of the
polling station as may be necessary.

46
9. DUTIES OF POLLING AGENT:

The main duty of your polling agent is to see that your legal and fair
interests are safeguarded at the polling station, for which he has been
appointed as your polling agent. His other duties are-

(a) to help the Presiding Officer to detect and prevent impersonation of

voters by challenging persons who try to impersonate voters;
(b) to help in having the Ballot BOxes properly secured and sealed
according to the rules before and after the poll;
to take a copy of the Ballot Paper Account and paper seal account in Form-
XXI from the Presiding Officer after the close of the poll; and
(c) to see that the documents relating to the poll are also secured and
sealed properly as required by law.

10. THINGS TO BE BROUGHT BY POLLING AGENT:

The polling agent should provide himself with the following items when
he comes to the polling station:

a. his letter of appointment;

b. a copy of the electoral roll for the polling station;
c. a list of the names of the dead, absent or bogus/shifted voters
included in the list; and
d. ballpen, paper and pencil.

Note: Polling Agents shall not be allowed to use cellular phones,

cordless phones, inkpens, wireless sets etc., in any case inside the
polling stations.

11. WEARING OF BADGE BY THE POLLING AGENTS:

The polling agent is prohibited from wearing any badge containing the
photograph of the candidate or any other political leader and also displaying
any party symbol, slogan or exhortation to vote within the polling station or
one hundred meters thereof. If he does so, his act will amount to a
cognizable offence punishable with fine, which may extend to Rs.250. He
should, however, display on his person the identity pass issued to him by the
Presiding Officer.

47
12. ARRANGEMENT AT POLLING STATIONS:

Outside each polling station there will be displayed prominently a

notice specifying the polling area, the electors who are entitled to vote at the
polling station and the list of the contesting candidates with symbols allotted
to them.

13. ADMISSION TO POLLING STATIONS:

Apart from the electors, only the following persons can be admitted
into the polling station by the Presiding Officer:
(a) The electors;
(b) Polling Officers;
(c) each candidate, his election agent and one polling agent of each
candidate at a time;
(d) persons authorised by the Telangana State Election Commission;
(e) public servants on duty in connection with the election;

N.B. The expression ‘public servants on election duty’ would not

include police officers (unless called for by the Presiding Officer for
maintenance of law and order in the polling station or any other
purpose), Ministers, Ministers of State and Deputy Ministers of the
Union or the State/Union Territories.
(f) Observers appointed by the Commission;
(g) a child in arms accompanying an elector;
(h) a person accompanying a blind or an infirm voter who cannot move
without help; and
(i) such other persons as the Presiding Officer may from time to time
admit for the purpose of identifying voters or otherwise assisting the
Presiding Officer in taking the poll.

N.B. No security personnel accompanying, if any, an elector, candidate

or his election agent or polling agent shall be allowed to enter the
polling station.

14. SEATING OF POLLING AGENTS:

The Presiding Officer will make arrangements to provide seats to the

polling agents at such place from where they will have adequate opportunity
of identifying electors, seeing the entire operation at the Presiding Officer's

48
table and the elector leaving the polling station after he has recorded his
vote in the voting compartment.

The seating arrangement at the polling station for the polling

agents of candidates shall be guided by the following categories of
priorities, namely,
i. Candidates of recognised National parties and State
parties registsered with TSEC;
ii. Candidates of registered political parties, registered with
TSEC with a reserved symbol;
iii. Candidates of registered political parties registered with
TSEC without a reserved symbol; and
iv Independent candidates.

15. PREPARATION OF BALLOT BOX

15.1 PRELIMINARIES BEFORE POLL:

The preparation of ballot box will be done one hour before the hour

fixed for the commencement of poll.

15.2 Preparation of ballot pox:

i) Before a ballot is put in actual use at the polling station,

some preparations are necessary at the polling station.
These preparations have to be done by the Presiding Officer
in the presence of the candidates / their agents before the
commencement of poll.
ii) The preliminary preparations generally starts about one hour
before the time fixed for the commencement of poll. If any
polling agent is not present, the preparations should not be
postponed so as to await the arrival of the polling agent. Nor
should you start the preparations again if any polling agent
turns up late.

16. CONDUCT OF DEMONSTRATION OF BALLOT BOX:

Immediately before the commencement of poll a demonstration to

the polling agents and other authorized persons present, that the ballot box
is empty and it does not contain anything and allow them to inspect the
ballot box.

49
17. ADDITIONAL INSTRUCTIONS FOR CONDUCT OF
DEMONSTRATION:

As highest importance is to be given to the integrity and

transparency in the election process, the Commission considers that the
presence of the agents appointed by the contesting candidates during their
poll augurs well for transparency. On the other hand, presence of the agents
of only one of the candidates and in the absence of other agents may lead to
complaints. The following instructions are being followed before the
commencement of poll.
17.1 candidates are advised to ensure that the agents reach the polling
stations well in advance i.e, one hour before the commencement of poll so
that the pre-poll formalities such as issue of entry pass to the agents,
demonstration of ballot box, preparation of ballot box for commencement of
poll etc., are done in time.

17.2 The Presiding Officers will demonstrate the ballot box, fixing of paper
seal and preparing ballot box ready for commencement of poll, following the
existing instructions, in the presence of the polling agents, by taking their
signatures and affixing your own signature on the white surface of paper seal
inserted in the slot of the ballot box.
The polling agents may note down the engraved number on the
ballot box to compare with at the time of counting.

17.3 The Presiding Officer will mention the names of the agents and the
candidates they represent and obtain their signatures for the purpose of
record.

17.4 The poling stations not having the presence of rival candidates
contesting and where the demonstration of ballot box and preparation of
ballot box ready for commencement of poll has to be conducted in the
absence of agents shall merit focused attention of the election machinery.

50
17.5 After the completion of poll on the basis of reports received from the
Presiding Officers, the Returning Officer will prepare a list of such polling
stations where the poll was conducted in the absence of agents or where at
the time of poll the agents of more than one rival contesting candidates were
not present and special attention will be paid to the documents received from
such polling stations for proper scrutiny.

18. FIXING GREEN PAPER SEAL:

The polling agents shall note down the printed number of the
paper seal used so that it can compared with at the time of counting. The
ballot boxes are sealed and also secured by fixing a green paper seal
specially got printed by the Commission. Once the green paper is fixed in a
ballot box and the lid of the box is closed, the box cannot be opened and
the ballot papers contained therein cannot be tampered with or taken out for
counting unless the green paper seal is torn. In other words, it means that
once the ballot box is sealed and poll commenced, nobody should be able to
tamper with it, to achieve and ensure this, provision has been made for fixing
the green paper seal for securing a ballot box.

19. VOTING PROCEDURE AT THE POLLING STATION:

Briefly the voting procedure is as follows:-

When an elector enters a polling station, he will proceed direct to the

first Polling Officer who will be in-charge of the identification of electors and
of the marked copy of the electoral roll. The electors are required to
produce Electors Photo Identify Card (EPIC) or any other identification
document that may be prescribed by the State Election Commission for
establishing their identity (Annexure – 43). After his identity has been
established and if there is no challenge to his identity by any of the polling
agents, the elector's left forefinger will be marked with indelible ink by the
second polling officer. The third polling Officer will record on the counterfoil
of ballot paper the electoral roll part number and the serial number of the
elector and obtain the signature / thumb impression of the voter on the
51
counterfoils of ballot paper. It will thereafter be delivered to the voter and
he will be directed to the fourth polling officer.

The Fourth Polling Officer will give to the voter an inked arrow cross
mark rubber stamp then be asked to proceed to the voting compartment,.
After recorded his vote, the elector will refold, the ballot paper along the lines
on which it was folded before it was issued to him, come out of the voting
compartment and insert the ballot paper into the ballot box kept in front of
the Polling Officer / Presiding Officer.

20. CHALLENGE TO THE IDENTITY OF A VOTER:

As stated above, one of the main duties of the polling agent is to help
the Presiding Officer to detect and prevent impersonation of voters. The
polling agent is therefore, entitled to challenge the identity of a person who
comes as a voter if he has personal knowledge that the person claiming to
be that voter is not the same person. The polling agents should not,
however, make indiscriminate challenges, as this would hamper the smooth
process of the poll leading to delay in which case some voters, including the
supporters of his own candidate, might get tired and leave the queue
without voting.

21. LIST OF DEAD, ABSENT, SHIFTED AND ALLEGEDLY SUSPICIOUS

VOTERS (ASD LIST):
It is expected that a polling agent will have with him a copy of the
electoral roll and also a list of the names of the dead, absent, shifted and
allegedly suspicious voters which might have been prepared by the candidate
or his party. A copy of this list should be supplied to the Presiding Officer also
by the Returning Officer prepared by BLO/local municipal employee. If any
person claims to be a voter whose name is mentioned in that list, the polling
agent should draw the Presiding Officers attention to that fact. This will not
amount to a formal challenge. The Presiding Officer will check that person's
identity.

52
22. FORMAL CHALLENGE TO VOTER’S IDENTITY:

If the Presiding Officer disregards the list, the polling agent may
formally challenge the identity of the person provided he is satisfied that
the person concerned is impersonating a voter.

Even if the name of a voter is not mentioned in the above list of dead,
absent and allegedly suspicious voters, but a polling agent has personal
knowledge that the person claiming to be the voter is not the real voter, the
polling agent may formally challenge that person's identity.

Every person whose name is entered in the electoral roll is entitled to

vote at the election and a person claiming to be a voter and giving out the
name and producing the requisite documents and other details correctly is
normally presumed to be that voter. Therefore, the polling agents are
advised to challenge the identity of a voter only when they are sure about
their identity of the person challenged.

23. CHALLENGE FEE:

The Presiding Officer will not entertain any challenge by a polling

agent, until the challenger pays him Rs.5 (Rupees five only) in cash. After the
amount has been paid, the Presiding Officer will furnish a receipt therefor to
the challenger in the form prescribed by the State Election Commission.

24. SUMMARY INQUIRY INTO A CHALLENGE:

When the identity of an elector is formally challenged by a polling

agent, the Presiding Officer will warn the person challenged about the
penalty for personation, read out the relevant entry in the electoral roll in full
and ask him whether he is the person referred to in that entry, enter his
name and address in the list of challenged votes (Annexure – 32) and ask
him to sign or affix his thumb impression thereon. If the person
challenged refuses to do so, the Presiding Officer will not allow him to vote.
53
 After the Presiding Officer has completed the entries in the list of
challenged votes and obtained the signature or thumb impression of the
person challenged in the relevant column in the said list, he will ask the
challenger to produce evidence to show that the person challenged is not the
voter that he claims to be. If the challenger fails to adduce prima facie
evidence in support of his challenge, the Presiding Officer will disallow the
challenge and allow the person challenged to vote. If the challenger succeeds
in making out a prima facie case that the person challenged is not the
voter in question, the Presiding Officer will call upon the latter to produce
evidence to rebut the challenge, i.e., to prove that he is the voter he
claims to be. In the course of the inquiry the Presiding Officer is free to
ascertain the true facts by putting to the person challenged any questions
necessary for the purpose of establishing his identity and require him to
answer him on oath. He may also take evidence of any person whom he
thinks to be helpful in his inquiry like the village officer, the neighbours of the
voter in question or any other person present. While taking such evidence he
may administer oath to the person challenged or any other person offering to
give evidence.

After the completion of the inquiry, if the Presiding Officer considers

that the challenge has not been established, he should allow the person
challenged to vote. Where, however, he considers that the challenge has
been established, the Presiding Officer shall debar the person challenged
from voting. In that case the Presiding Officer has also been instructed to
hand over the person concerned to the police man on duty together with
a complaint addressed to the SHO of Police Station in the jurisdiction of
which the polling station falls for prosecution of the person concerned for
committing the offence of personation.

25. RETURN FORFEITURE OF CHALLENGE FEE:

After the inquiry is over, the Presiding Officer will return the
challenge fee of Rs.5/- to the challenger after taking his receipt in the
appropriate column in the list of challenged votes, referred to above
54
(Annexure – 32) and on the counterfoil of the relevant receipt in the
receipt book.

Where, however, the Presiding Officer is of the opinion that the

challenge was frivolous or was not made in good faith, he will forfeit the
challenge fee to Municipal Corporation and will not return it to the challenger.

26. CLERICAL AND PRINTING ERRORS IN THE ELECTORAL ROLLS TO

BE OVERLOOKED:

The particulars in respect of a voter as entered in the electoral roll are

sometime incorrectly printed or have become out of date, for example, the
age of the voter. The polling agent shall overlook mere clerical or printing
errors in any entry relation to a voter and should not raise objection about
such voter, if he is otherwise satisfied about the identity of that voter.

27. ELIGIBILITY OF VOTER NOT TO BE QUESTIONED:

Every person whose name is entered in the marked copy of the

electoral roll is entitled to vote at the election. So long as there is no doubt
the identity of such person, no question can be raised by a polling agent at
the polling station before the Presiding Officer about the eligibility of such a
person to be registered as a voter.

28. PRECAUTIONS AGAINST VOTING BY UNDER AGE VOTERS:

As stated above, the eligibility of a person to be a voter whose name

is included in the electoral roll cannot be questioned or enquired into by the
Presiding Officer at the polling station. However, if the Presiding Officer is
prima facie satisfied about the identity of a voter and also about the fact of
inclusion of his name in the electoral roll, but considers such person to be
below the minimum voting age. The Presiding Officer shall obtain a
declaration in a prescribed form from the person concerned about his age.

The polling agents may bring to the notice of the Presiding Officer such
cases of voters whose names are included in the electoral roll but who seem
55
to be much below the voting age so that the Presiding Officer may take
action in respect of such voters as mentioned above.

29. APPLICATION OF INDELIBLE INK:

The application of indelible ink is a vital safeguard against personation

and to ensure that the same voter does not vote more than once. If any
elector refuses to allow his left forefinger to be inspected or marked with
indelible ink or he has already such a mark on his left forefinger, or he
does any act with a view to removing the ink mark, he shall not be
allowed to vote.

The left forefinger of the voter should be marked with indelible ink
soon after his identity is verified by the First Polling Officer. The underlying
purpose of this instruction is that there should be a sufficient time gap for the
indelible ink to dry and leave a proper indelible mark on the voter's forefinger
before he leaves the polling station. His forefinger should again be checked
before he leaves the polling station in order to verify that there is a clear
indelible ink mark on the finger. If the voter has wiped off the ink or there is
no proper ink mark visible, his left forefinger should again be marked with
indelible ink.

56
30. APPLICATION OF INDELIBLE INK WHEN ELECTOR HAS NO LEFT
FORE FINGER:
If an elector has no left forefinger, then indelible ink should be applied
on any such finger which he has on his left hand. If he does not have any
fingers on his left hand, the ink should be applied on his right forefinger and
if he has no right forefinger, on any other finger which he has on his right
hand starting with his right forefinger. If he has no fingers on either hand,
ink should be applied on such extremity (stump) of his left or right hand as
he possesses.

31. VOTING BY BLIND OR INFIRM VOTERS:

If the Presiding Officer is satisfied that owing to blindness or physical

infirmity a voter is unable to recognise the symbols on the ballot paper or to
record his vote on it without assistance, he will permit the voter to take with
him and adult companion of not less than 18 years into the voting
compartment for recording the vote on his behalf and in accordance with
his wishes. But the illiteracy of voter is not a sufficient cause for giving him
assistance of a companion to record vote on his behalf.

A candidate, his election agent or polling agent (provided he is not less

than 18 years of age) can also act as such companion to a blind or inform
voters. But he can act as such companion of only one elector on that day.
The person acting as such companion is required to make a declaration in
a prescribed form to the effect that he will keep secret the vote recorded by
him on behalf of the elector and that he has not already acted as a
companion of any other elector at any polling station on that day.

32. TENDERED VOTES:

It may happen that a person representing himself to be a particular
elector comes forward to vote after some other person has already voted as
such elector. In that case if the Presiding Officer is satisfied about the identity
of such person to be the real voter after necessary questioning, the
Presiding Officer will permit him to vote by means of a ‘Tendered Ballot

57
Paper’. For that purpose the Presiding Officer will make necessary entry in
the list of tendered votes in Form XXXV (Annexure – 33) and obtain the
signature or thumb impression of the voter therein. The voter will be
supplied with an ordinary ballot paper used at the polling station with last
serial number which will be written or stamped on its back `Tendered ballot
paper’. The elector will record his vote on the tendered ballot paper by
placing a mark by means of the arrow cross mark rubber stamp. Such
tendered ballot paper, after it is marked by the voter in the voting
compartment and folded, shall be placed by the Presiding Officer separately
in a cover specially kept for the purpose.

To mention about the repoll in cases where the percentage of tendered

votes excees 0.1% of polled votes in the polling station and to add the
notification as (Annexure -42)

33. ELECTORS DECIDING NOT TO VOTE:

(i) If an elector, after receiving the ballot paper do not wish to vote,
he may return the ballot papers to the Presiding Officer without
marking it. The ballot paper and the counterfoil of such ballot
paper should be cancelled by writing on it the words “Returned;
Cancelled” and record as “Returned; Cancelled” on counterfoil of
Ballot paper and ballot paper.

ii) If the voter decides not to vote, he shall not be forced or compelled to cast
his vote. However, this situation may arose after introducing NOTA on the
ballot paper. Such persons will mark their vote on NOTA symbol.

34. VIOLATION OF SECRECY OF VOTING:

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 (5)
of rule 24 of the Conduct of Election Rules, 2005, the ballot paper issued to him
shall, whether he has recorded his vote or not, be taken back from him. After the
ballot paper has been taken back, it will be recorded on its back and on the

58
counterfoil of such ballot paper, the words – “cancelled. Voting procedure violated”
and put your signature below those words. All such cancelled ballot papers are kept
in a separate cover which shall bear on its face the words – Ballot papers cancelled:
Voting Procedure Violated and accounted for in ballot paper account in Part-I of
Form XXI.

35. VOTING BY PERSONS AT CLOSING HOUR:

All voters present at the polling station at the closing hour of poll at 5.00
pm shall be allowed to vote even if that means the continuing of poll for some more
time. It should also be ensured that after the closing hour of poll nobody joins the
queue of voters. For that purpose, you should distribute numbered slips to all voters
standing in the queue at the time fixed for close of poll starting with the last person
in the queue.

36. PRESIDING OFFICER’S DIARY:

The Presiding Officer should record the proceedings connected with
the taking of the poll in the polling station in the diary to be maintained for
the purpose. You must go on recorded the relevant events as and when they
occur. After end of the poll the Presiding Officer’s diary should separately
handover to the Returning Officer, duly mentioning all the important events
therein along with all other election materials.

37. CLOSING OF POLL:

After all the electors present at the poling station at the appointed
closing hour have voted as provided in the preceding para, the Polling Officer
formally declares the poll as closed and should not permit any person to vote
thereafter in any circumstance.

38. SUPPLY OF ATTESTED COPIES OF BALLOT PAPER ACCOUNT TO

POLLING AGENTS:
As required by rule 35, the Presiding Officers has to furnish to
every polling agent present at the close of poll an attested true copy of the
ballot paper account prepared in Part 1 of Form XXI obtaining a receipt

59
therefor from the agent.

39. SEALING OF BALLOT BOX:

After closing and securing the ballot box a ribbon or take on the
four sides of the box lengthwise and breadth wise crossing each other on the
lid passing under the handle if there is one and tie the knot firmly and seal
the knot on a piece of thick paper or cardboard with Presiding Officers seal.
The polling agents present at polling station are allowed to affix their seals or
their signatures, if they so desire. After this, the ballot box or boxes should
be either –

(i) placed in a strong canvas bag, with provision for closing it with a strong
rope or other locking arrangement and the bag closed and sealed by you; or

(ii) wrapped with a new cloth which shall be sewn and the seams sealed by
you.

40. SEALING OF ELECTION PAPERS-AFFIXATION OF SEALS

THEREON BY POLLING AGENTS:

After the close of poll the Presiding Officer will also seal all the
election papers in separate packets in accordance with the rules and
instructions of the Election Commission. The polling agents present at
polling station are also permitted to affix their seals, in addition to the
seal of the Presiding Officer, on the envelopes and packet containing
the following documents –
(i) the marked copy of the electoral roll;
(ii) Voter's Slips.
(iii) the tendered ballot papers and the list of tendered
votes in
Form – XXXV.
(iv) the unused tendered ballot papers;
(v) the list of challenged votes;
(vi) the unused and damaged paper seals, if any;
(vii) appointment letters of polling agents; and
(viii) any other papers that the Returning Officer has directed
to be kept in a sealed packet.

60
 The polling agents are advised in the interest of their candidates to
affix their seals on the above packets of election papers.

41. TRANSMISSION OF BALLOT BOXES AND ELECTION PAPERS TO

THE COLLECTION/ STORAGE CENTRE:

After the Ballot Box/Boxes and all election papers have been sealed
and secured by the Presiding Officer, he will deliver them or cause them to
be delivered at the collection / storage centre.

42. ACCOMPANYING VEHICLES CARRYING BALLOT BOXES:

The polling agents are permitted to follow the vehicle in which the
ballot boxes and election papers are carried to the collection/storage
centre. But they will have to make their own transport arrangements and
will not be permitted to travel in the vehicle carrying the ballot boxes and
election papers.

43. CUSTODY OF BALLOT BOXES:

After the completion of poll in a Ward of a Municipal Corporation the
ballot boxes will be taken to the place of storage and kept in safe custody
under proper guard till they are taken to the counting place. You will be
informed in advance by the Returning Officer about the programme and
route of the collection parties that will be sent by him for the collection of
the sealed ballot boxes from the polling stations and for bringing them to
place of storage. If you want, you may ask your agents to accompany those
collection parties. You will, however, have to make your own arrangement for
their transport as they would not be allowed to travel in the official vehicle. If
you like, you may also post an agent to keep watch at the place where the
ballot boxes are kept, and the agent will be allowed to affix his seal on the
doors and windows of the building in which the boxes are stored in
addition to the seal that may be affixed by the Returning Officer. In case
the candidate or his election agent is not himself putting up such seals, the
candidate should give full particulars of the agent who would put such seals,
to enable the verification of his identity. After all the voting machines have

61
been received and stored and the strong room has been locked, no one will
be allowed to go in until the morning of the day fixed for counting. If during
the interval, the strong room is to be opened for some reason, the
Returning Officer will inform the candidates and open the strong room in
their presence and immediately after the purpose for which the room is
opened has been served, the candidate or their representatives will be again
allowed to seal the doors and windows. A log book (Annexure–36) will
also be maintained in order that a full record is available of persons
entering the room, the purpose of the visit, time of entry, time of exit etc.

44. ADJOURNED POLL:

If there is a riot or open violence at the polling station or a natural

calamity like severe storm, heavy snowfall or the like or some other
sufficient cause, the Presiding Officer will adjourn the poll under the
provisions of sub-section(1) of Section 58. A passing shower of rain or
strong wind would not be sufficient cause for adjournment of poll. The
adjourned poll will be held on a date and at the time and place to be fixed
by the Returning Officer with the prior approval of the State Election
Commission. The counting of the votes in the Ward will not commence until
the adjourned poll has been completed.

Where the poll has been adjourned at a polling station the adjourned
poll will recommence from the stage at which it was left immediately
before the adjournment. i.e., the electors who have not already voted
before the poll was adjourned will alone be permitted to vote at the
adjourned poll. The Presiding Officer of the polling station, at which such
adjourned poll is taken, will be provided with the sealed packets containing
(i) the marked copy of the electoral roll, (ii) stitched bundles of ballot papers
with their counterfoils and (iii) counterfoils of used ballot papers received
earlier from the Presiding Officers of the polling station concerned at which
the poll was adjourned.

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45:PROCEDURE FOR HOLDING FRESH POLL IN CASE OF
DESTRUCTION ETC., OF BALLOT BOXES:

Under Section 59 of GHMC Act, 1955, the State Election Commission is competent to
declare the poll at a polling station to be void, if at that polling station -
(i) any ballot box has been unlawfully taken away by an unauthorised person, or
(ii) Any ballot box has been accidentally or intentionally destroyed or lost or
damaged or tampered with and you are satisfied that the result of the poll at
that polling station cannot be ascertained for that reason, or
(iii) any error or irregularity in procedure as is likely to vitiate the poll has been
committed.

The Presiding Officer will report the matter with full facts to the Returning
Officer. The Election Officer shall, in turn through District Election Authority, report
the full facts of such case to the Sate Election Commission.

After considering all the material circumstances, the Commission will, if

necessary.
(i) declare the poll at the polling station to be void; and
(ii) formally fix the date and hours for a fresh poll.

On receiving intimation from the Commission, the Returning Officer will inform
in writing the contesting candidates or their election agents of the date, time and
place fixed for the fresh poll and affix a notice on your notice board, notifying the
date and hours so fixed. Also, you should announce by beat of drum / tom-tom or
otherwise in the polling area concerned the place, date and hours so fixed.

All electors entitled to vote at the polling station or stations in question will be
entitled to vote at the fresh poll. The marks of the indelible ink made at the original
poll should be ignored at the fresh poll. To distinguish the marks to be made at the
fresh poll from those already made at the original poll, the Commission directs that
the mark of the indelible ink should be put on the voter's left middle finger at the
fresh poll.
A new ballot box and a new marked copy of electoral roll shall be used at the
fresh poll.
63
 The provisions of GHMC Act, 1955 and Conduct of Elections Rules, and Orders
made there under will apply to the fresh poll in exactly the same way as they apply
to the original poll. The ballot box or boxes used for the original poll at the polling
station(s) where fresh poll has been directed by the Commission should be
preserved carefully, unopened and with the seals intact.

***

64
 CHAPTER - 12

COUNTING OF VOTES

1. INTRODUCTORY:

Counting of votes is the last major step towards the culmination of

the election process. It is in the correct and proper counting of votes, that
the true choice of the electorate finds expression and it is on the basis of
such ascertainment of their true choice that their chosen representative is
declared elected. Therefore, the importance of the process of counting of
votes hardly needs to be emphasized.

Under the law, counting of votes is to be done by, or under the

supervision and direction of, the Returning Officer of the Ward in the
presence of the candidates and their agents. The law authorizes the
Assistant Returning Officer also to undertake the counting of votes. The
counting of votes may be simultaneously done at places more than one
and at tables more than one at the same place. As the candidate or his
election agent cannot be expected to be physically present at each of
such counting places and tables the law permits the candidate to appoint
his counting agents who may be present at each of the said counting
places and counting tables to watch the proceedings.

2. DATE, PLACE AND TIME OF COUNTING:

The Returning Officer will give notice to you or to your election

agent, at least one week before the date or the first of the dates fixed for
the poll, of the place, date and time fixed for the counting of the votes,
in the form vide Annexure-37.

If for any unavoidable reason the Returning Officer is unable to

proceed with the counting at the place and at the time and on the date
fixed and communicated to you, he will postpone the counting and fix
another date and time and if necessary another place for the counting of

65
votes. You or your election agent will be given notice of every such change in
writing.
3. POWER OF OBSERVERS WITH REGARD TO COUNTING:

Under Section 617 D of Greater Hyderabad Municipal Corporation Act

1955, the Observers appointed by the State Election Commission to watch
the conduct of elections shall have the powers to direct the Returning
Officer to stop the counting of votes at any time before the declaration of
result or not to declare the result, if in his opinion booth – capturing has
taken place at a large number of polling stations or at the counting place
or the ballot boxes are unlawfully taken out of the custody of the Returning
Officer or are accidentally or intentionally destroyed or lost or are damaged
or tampered with, to such an extent that the result of the poll cannot be
ascertained. The election proceedings in such cases shall proceed further
in accordance with such directions of the Commission as it may issue on the
reports of the Observers and after taking all material circumstances into
account.

4. COUNTING AT ONE PLACE

Generally, the counting for an entire Municipal Corporation will be done

at one place and the counting on the same day.

5. PERSONS ALLOWED IN COUNTING HALL

Only the following persons will be allowed inside the counting
hall:-

(i) counting supervisors and counting assistants;

(ii) persons authorised by the Election Commission;
(iii) public servants on duty in connection with the election;
(iv) candidates, their election agents and counting agents.

N.B. (1) The ‘public servants on duty’ will not include the Police
Officers, whether in uniform or without uniform (unless called
for by the Returning Officer for maintenance of law and order or
other duty), Ministers, State Ministers and Deputy Ministers of
the Union and States and the Speaker/Chairman of the Lok
Sabha/Rajya Sabha/State Legislative Assemblies/Legislative
66
 Councils.

(2) No security personnel accompanying, if any, a candidate or

his election agent or counting agent shall be permitted to enter
the counting hall.

6. NUMBER OF COUNTING AGENTS THAT MAY BE APPOINTED:

Under the instructions of the State Election Commission, a candidate

can appoint one counting agent for each of counting tables to be provided by
the Returning Officer.

As mentioned above, the Returning Officer will intimate in writing to

each candidate or his election agent, at least 3 days before the date fixed for
the poll, the place or places where the counting of votes will be done and
date and time at which the counting will commence. The Returning Officer
will also inform them sufficiently in advance about the number of counting
tables that will be provided in the counting hall for your ward, so that you
may appoint your counting agents accordingly.

7. QUALIFICATION FOR COUNTING AGENTS:

The law does not prescribe any specific qualifications for persons to
be appointed as counting agents. However, the candidates are advised to
appoint mature and major persons as their counting agents so that their
interests are properly watched.
The persons mentioned in the circular No.132/TSEC-ULBs/2018-1,
dt:24.09.2018 issued by State Election Commission shall not be allowed to be
counting agents.

A Government servant also cannot act as an election agent, polling

agent or counting agent of a candidate and if he so acts, he is punishable
with imprisonment for a term, which may extend to 3 months or with fine
or with both.

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8. APPOINTMENT OF COUNTING AGENTS:

Appointment of a counting agent is to be made either by the

candidate himself or by his election agent. Such appointment is made in
Form-XV appended to the Conduct of Election Rules, 2005 (Annexure –
25). The name and address of the counting agent will be filled in that form
and the candidate or his election agent will personally sign that form. The
counting agent will also sign that form in token of his acceptance of the
appointment. Two copies of such forms will be prepared and signed, in all
cases. One copy of that form is to be forwarded by the candidate/election
agent to the Returning Officer while the other copy is given to the counting
agent for production before the Returning Officer.
A candidate may appoint all his counting agents by a single letter of
appointment in Form-XV. In that case, all the counting agents are required
to sign that letter of appointment in token of having accepted the
appointment.

9. TIME LIMIT FOR MAKING APPOINTMENT OF COUNTING AGENT:

The candidates should submit the list of their counting agents with
photographs of such agents to the Returning Officer latest 17.00 hours on
the day three days before the date of counting. The Returning Officer will
prepare identity cards for such agents and issue the same to the
candidate.

The counting agent must produce those identity cards alongwith

their letter of appointment when they come to attend the counting.

The letter of appointment along with the identity card of counting

agent must be produced before the Returning Officer at least one hour
before the time fixed for counting votes. The Returning Officer will not accept
any appointment letter which is received after the aforesaid time.

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10. REVOCATION OF APPOINTMENT OF COUNTING AGENT:
The candidate or his election agent is authorised to revoke the
appointment of a counting agent.

Such revocation of appointment is made in Form-XVII appended to

the Conduct of Elections Rules, 2005 (Annexure – 38) and becomes
operative from the time at which it is lodged with the Returning Officer.
In such a case, the candidate is authorised to appoint another counting
agent in place of the one whose appointment has been revoked, at any
time before the commencement of counting. Once the counting has
commenced no appointment of fresh counting agent can be made.
Appointment of such fresh counting agent is to be made in the same
manner as explained.

11. ADMISSION OF COUNTING AGENTS TO THE COUNTING HALL:

On production of his letter of appointment and the identity card before
the Returning Officer, the counting agent will be required to sign before the
Returning Officer the declaration contained in his letter of appointment. After
verification of the letter of appointment, identity card and declaration, the
Returning Officer will permit the counting agent to enter the counting hall.

The Returning Officer is empowered to subject any counting agent

to search of his person before entry into the counting hall.

12. BADGES FOR COUNTING AGENTS:

Each counting agent will be given a badge by the Returning Officer
indicating whose agent he is and showing the serial number of the table at
which he will watch the counting. He should keep sitting at the table allotted
to him and will not be allowed to move about all over the hall. However, the
candidate, his election agent and in their absence, his polling agent at the
Returning Officer’s table will be allowed to go around all counting tables.

69
13. MAINTENANCE OF DISCIPLINE AND ORDER IN THE COUNTING
HALL:
Everyone should cooperate with the Returning Officer in maintaining
discipline and order inside the counting hall. They should not leave the
counting hall without the permission of the Returning Officer. They should
carry out all directions given by the Returning Officer. They should note that
the Returning Officer may send out of the counting hall any person who
persists in disobeying his directions.

No counting agent and others will be allowed to go outside counting

hall during counting process. In other words, when once counting agents and
others are inside the counting hall, they will ordinarily not be allowed to go
outside until after the declaration of result.

All the reasonable facilities for drinking water, refreshment, toilet, etc.,
will be provided within the premises of the counting hall.

14. SMOKING INSIDE THE COUNTING HALL IS PROHIBITED:

Smoking inside the counting hall or at a public place is prohibited.

15. SEATING ARRANGEMENT FOR COUNTING AGENTS:

The counting will be done on the table arranged in rows. The tables in
each row will be serially numbered.

On each counting table, the seating arrangement for the counting

agents shall be made having regard to the following categories on priority,
namely:-

(i) candidates of recognised national parties and State parties

registered with
TSEC.
(ii) candidates of registered parties with TSEC with a reserved symbol
(iii) candidates of registered parties with TSEC without reserved
symbol.
(iv) Independents

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16. MAINTENANCE OF SECRECY:

Every person inside the counting hall is required by law to maintain,

and aid in maintaining, the secrecy of voting and should not communicate to
any person any information calculated to violate such secrecy. They should
note that any person contravening the provisions of law in this respect is
liable to be punished with imprisonment for a term which may extend to 3
months or with fine or with both (Section 602 of the Greater Hyderabad
Municipal Corporation Act, 1955)

Before the commencement of the counting of votes, the Returning

Officer will read out and explain the provisions of the above mentioned
Section 602 for the information of all present and for compliance on their
part.

17. COUNTING TO BE CONTINUOUS:

The counting of votes will be proceeded with continuously till it is over.

18. COUNTING OF POSTAL BALLOT PAPERS FIRST:

The counting of postal ballot papers will be taken up first. This will
be done by the Returning Officer himself at the place of counting of votes

Each postal ballot paper received from a voter will be contained in an

inner cover in Form-XXVII. This cover along with the declaration of the
elector in Form- XXVI will be contained in larger cover in Form-XXVIII
addressed to the Returning Officer.

The Returning Officer will not open any cover in Form-XXVIII

containing a postal ballot paper which he may have received late, that is,
after the time fixed for the receipt of postal ballot paper. He will make a
suitable endorsement to that effect on the cover in Form-XXVIII. The votes
contained in these covers will not be counted. He will make a packet of all
such covers and seal the packet.

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 All covers in Form-XXVIII containing postal ballot papers which were
received in time by the Returning Officer will be opened by him one after
another. The declaration by the voter in Form-XXVI will be found inside each
cover (Form-XXVIII). Before opening any of the inner covers (Form-XXVII)
containing the postal ballot papers proper, the Returning Officer will check the
declaration (Form-XXVI). He will reject a ballot paper without opening its inner
cover (Form-XXVII) in any of the following cases:

(a) if the declaration in Form-XXVI is not found in the cover in

Form-XXVIII
(b) if the declaration has not been duly signed by the elector or
has not been duly attested by an officer competent to do
so or is otherwise substantially defective;
N.B.: It may be noted that it is not necessary under the rules
that the officer attesting the declaration should affix his
seal and the objection should not, therefore, be raised on
this ground if the identity of the attesting officer is
otherwise known from the particulars about his
designation, address, etc., furnished in the form.

(c) if the serial number of the ballot paper appearing on the

declaration is different from the serial number as endorsed
on the inner cover in Form-XXVII.

All such rejected covers in Form-XXVII will be suitably endorsed by the

Returning Officer, and will be replaced with the respective declaration in the
larger covers in Form-XXVIII. All such larger covers will be kept in a separate
packet which will be sealed by the Returning Officer and full particulars such
as the name of the Ward, the date of counting and a brief description of the
content will be noted thereon for identifying the packet.

Thereafter, the Returning Officer will proceed to deal with the

remaining covers in Form-XXVII, i.e., other than those rejected as
aforesaid. In order that there may be no risk of the secrecy of the postal
votes being violated, all the declaration in Form-XXVI which are found by the
Returning Officer on scrutiny to be in order will first be placed in a separate
packet and sealed. Identifying particulars will be noted on the packet. It is

72
necessary to put these declarations away in a sealed packet before any
ballot papers are brought out of their covers in Form-XXVII, as the
declarations contain the names of the voters along with the respective serial
numbers of their postal ballot papers.

After the above procedure has been completed, the Returning Officer
will proceed to open the covers in Form-XXVII one after another and the
postal ballot papers contained in them will be brought out. The Returning
Officer will scrutinise every such ballot paper and decide its validity.

A postal ballot paper will be rejected:-

(a) if no vote is recorded thereon; or

(b) if votes are given on it in favour of more than one candidate; or
(c) if it is a spurious ballot paper; or
(d) if it has been so damaged or mutilated that its identity as
genuine ballot paper cannot be established; or
(e) if it is not returned in the cover sent along with it to the elector
by the Returning Officer; or
(f) if the mark indicating the vote is made in such a way that it is
doubtful to make out the candidate to whom the vote has
been given; or
(g) if it bears any mark or writing by which the voter can be
identified.

There is no particular mark required by law to be made by a voter to

indicate his vote on a postal ballot paper. Any mark can be accepted as
valid so long as it has been so made and so placed on the ballot paper
that the intention of the voter to vote for a particular candidate is clear
beyond any reasonable doubt. Thus, a mark made anywhere in the space
allotted to a candidate will be taken as a valid vote in favour of the candidate
concerned.

19. COUNTING OF VOTES:

(i) once the counting of postal ballot papers is in progress the polled ballot
boxes will be moved to the earmarked counting table for that ward and
counting of the ward ballot papers shall be started. Under the system, the
73
counting of votes of ward member is done in two stages. In the first stage,
all the ballot papers in the ballot box or boxes used at a polling station are
taken out and accounted without folding them at the table earmarked for
that ward. Then they will be arranged into bundles of 25 each separately.
The total number of ballot papers in the box or boxes at the polling
station is ascertained separately. This number shall tally with the ballot
paper account of Member, Ward of the polling station as recorded by the
Presiding Officer concerned.
(ii) At the time of initial counting all the ballot boxes used at the polling
stations of that ward will be brought to the counting table earmarked for that
ward one polling station after another. The ballot papers, with the vertical
fold intact, are made up into bundles of 25 for convenience of counting and
each bundle is kept together by means of rubber bands tied at both ends. If
at the end of the initial counting, the balance left over ballot papers in the
box or boxes of the polling station are less than 25, then they are made into
a separate bundle and kept apart in a separate tray. All the bundles
containing the full number of 25 ballot papers will be placed inside a drum or
other receptacle. The drum shall be kept near the respective Returning
officer table. The above procedure will be followed in respect of ballot box or
boxes used at every polling station of that ward. After the full bundles of
ballot papers from all the ballot boxes used at all the polling stations within a
ward have been placed in the drum or other receptacle, they will be mixed
together ensuring that no ballot paper is damaged or spoiled in the process.
The bundles containing less than 25 ballot papers of each ward will be made
up into bundles of 25 ballot papers as far as possible and put inside the
receptacle before mixing. The remaining ballot papers of less than 25 shall
be kept separately noting the number of ballots in the bundle with pencil.

(4) Detailed counting: (i) After the initial counting for the purpose of tallying
Ballot Paper Account in respect of all polling stations in a ward has been
completed and the bundles of ballot papers have been mixed as explained
above, the second stage of counting i.e, detailed counting so as to scrutinize
74
ballot papers for their validity or otherwise, sorting them out candidate-wise
and counting them candidate-wise to ascertain the result, is takenup. At the
first instance, the ward ballot papers i.e, 40 bundles, each containing 25
ballot papers, will be taken up at the concerned counting table where the
initial counting of that ward has taken place. For sorting out candidate wise
polled ballots and doubtful votes, big wooden trays having the compartments
equal to number of contesting candidates +1 for doubtful votes will be used
at each counting table. There will be a separate compartment for NOTA, just
like another contesting candidate.
(ii) At the counting table, the said 1,000 ballot papers contained in 40
bundles will be taken up for detailed scrutiny and sorting candidate-wise.
The ballot papers contained in each bundle will be scrutinized for determining
their validity or otherwise by taking each ballot one by one. However, it
should be noted that this is only tentative and preliminary assessment based
on apparent judgement of the counting staff. The counting assistants and
the counting supervisor shall be alive to the objections / suggestions of the
counting agents while deciding at counting talbe the validity or choice of the
voters as marked on the ballot paper. The counting agents shall be given
sufficient time to verify each polled ballot paper while scrutinizing them.
Candidate wise valid votes will be placed in their respective
compartment of the wooden tray and the bordering cases or doubtful votes
will be placed in the doubtful votes compartment of the wooden tray in each
round. Later, they have to be counted and made into bundles of 100 votes,
each and doubtful votes if any after making into bundles of 100 to be made
into separate bundle and note down the number of bundle with pencil. After
making candidate wise polled valid votes into bundles and doubtful votes
bundles and votes polled to NOTA, the number of polled votes to each
candidate and doubtful votes, they have to be recorded in the counting
sheet, duly signed by counting supervisor, make them into a big bundle with
wrapper and send it to pigeon hole. The Returning Officer will take up table
wise one by one bundles from pigeon hole and should note that the validity
of every ballot paper and particularly those of doubtful category shall be
75
decided by the Returning Officer and his decision shall be final. The decision
of counting staff shall be subject to confirmation by Returning Officer.

(iii) The Returning Officer of ward concerned will scrutinize table wise all the
doubtful votes and decided if either they are in favour of any of the
candidates including NOTA or to be rejected as invalid as per the rules. The
additional votes decided candidate wise are added in the result sheet of that
round, correct the figures of candidate wise polled valid votes and rejected
votes, sign the sheet and send it to Result Sheet posting in charge and he
will post the round wise candidate wise polled valid votes and rejected votes
in the result sheet.
(iv) The above procedure for distribution of 1,000 ballot papers to that table
and their scrutiny and sorting and counting candidate-wise, as explained
above, will be repeated, till all the bundles of ballot papers in the drum or
receptacle relating to that ward are distributed to the concerned counting
table and counted. The procedure will be repeated till the entire ballot
papers of that ward are counted round-wise at the counting table and all the
doubtful (round wise, table wise) are decided by the Returning Officer
concerned. The round wise, table wise polled votes and rejected votes are
posted in the final Result Sheet by the incharge concerned and noted on the
black board and copy of it to be sent to media centre.
Convention of taking of signatures of agents after every round may be
continued.
2. After completion of the detailed counting of the entire ward votes at the
concerned counting tables and the doubtful votes are scrutinized and decided
by ward concerned Returning Officer then only the final result sheet of that
ward will be rechecked by the concerned Returning officer. The final result
sheet will be signed and results declared at the end by the Returning Officer
concerned duly giving opportunity for the request of recount if any.

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20. DECLARATION OF RESULTS:

After obtaining the necessary approval of the Commission, wherever

required, to declare the result, the Returning Officer should complete and
sign the final result sheet. Before signing, he shall announce the votes polled
to each contested candidate and wait for some time. If any contested
candidate / his election agent raises the objection and requests for recount
he shall allow 15 minutes time to each candidate / agent to file written
request for recount. Once the requisition is received, he shall take a decision
whether to allow for recount of all polled votes, only postal ballot papers, any
part of polled votes or to reject the request. The decision taken he has to
pronounce speaking orders for his decision. After completion of recounting
partly / fully as per the decision if taken by him only he shall correct the
entries, if any required, sign on result sheet and declare result in favour of
the candidate to whom the largest number of valid votes have been given
should then be declared elected.

21. EQUALITY OF VOTES:

If two candidates contesting any seat happen to secure the highest number of
votes and their vots are equal in number, the result will have to be declared by lot.

22. DECLARATION OF RESULT OF ELECTION:

After the counting is complete in all respects and the Returning Officer has
completed and signed the Final Result Sheet, he will proceed to formally declare the
result of election, if there is no direction of the Commission to the contrary. He will
make the declaration of the result of election in Form XXXI (Annexure -40).

In case the Commission has issued any direction withholding the declaration
of result in any Ward until its further direction, any declaration of result by the
Returning officer in contravention of any such direction shall be null and void abinitio.
77
23. CERTIFICATION OF ELECTION:
Soon after the declaration of result, the Returning Officer will grant to the
returned (elected) candidate a certificate of election in Form – XXXIII (Annexure-41)
and obtain from him an acknowledgement of its receipt duly signed by him an
acknowledgement of its receipt duly signed by him. In case he is not present at the
time of declaration of result, he should immediately contact the Returning officer and
obtain the certificate of election.

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 CHAPTER – 13

OBSERVERS

1. The State Election Commission appoints senior and experienced

Administrative Service Officers as its Observers to assist in the conduct of
free and fair polls. They also oversee the efficient and effective management
of the electoral process at the field level and provide direct inputs to it from
the field as an interface with the election machinery, the candidates,
political parties, and electors to ensure that the acts, rules, procedures,
instructions and guidelines related to elections are strictly and impartially
complied with by all the concerned.

2. STATUTORY POWERS OF OBSERVERS:

Your attention is invited to Section 617D of Greater Hyderabad

Municipal Corporation Act, 1955 which reads as follows:

617-D Appointment of Observers:- (1) The State Election Commission

may nominate an Observer who shall be an officer of Government to watch
the conduct of election or elections in a ward or group of wards, of a Municipal
Corporation and to perform such other functions as may be entrusted to him
by the State Election Commission in relation thereto.

(2) The Observer nominated under sub-section (1) shall have the power
to direct the Returning Officer for the ward or for any of the wards
for which he has been nominated, to stop the counting of votes at
any time before the declaration of the result or not to declare the
result, if in the opinion of the Observer, booth capturing has taken
place at a large number of polling stations or counting of votes or
any ballot papers used at a polling stations or counting of votes or
any ballot papers used at a polling station or at a place fixed for the
poll are unlawfully taken out of the custody of the Returning Officer
or are accidentally or intentionally destroyed or lost or are damaged
or tampered with to such an extent that the result of the poll at
that polling station cannot be ascertained.

(3) Where an Observer has directed the Returning Officer under this
section to stop counting of votes or not to declare the result, the
Observer shall forthwith report the matter to the State Election
Commission and thereupon the State Election Commission shall,
after taking all material circumstances into account, issue
appropriate directions under Section 59A or Section 63A or Section
65.

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(4) It shall be competent for the State Election Commission to appoint
an election expenditure observer for a group of wards of a Municipal
Corporation, so as to ensure that the provisions of Chapter XVII-A
of Greater Hyderabad Municipal Corporation Act, 1955 are strictly
adhered to and in that behalf the Commission may issue such
instructions as it deems fit, from time to time, to such Observers.

***

80
 CHAPTER – 14

ACCOUNT OF ELECTION EXPENSES:

1. Statutory Provisions:

Section 617 A, 617 B, 617 C of Greater Hyderabad Municipal

Corporation Act, 1955 and Rule 92 to 96 of Telangana Municipal Corporations
(Conduct of Election of Members) Rules 2005, deal with matters relating to
maintenance, scrutiny, fixing ceiling limits and filing of election expenditure
incurred by contesting candidates in elections to Member of Municipal
Corporation. There is a penal provision in Section 20B for failure to lodge
election expenditure accounts within the stipulated time and in the manner
required by or under the said Act. The above provisions are reproduced
below for ready reference.

Application of Chapter (Section 617 A):- This Chapter shall apply to

candidates of any election held under this Act.

Account of election expenses (Section 617 B):- (1) Every

candidate, at any election held under this Act shall, either by himself, or
by his election agent, keep a separate and correct account of all
expenditure incurred in connection with the election, between the date on
which the candidate concerned has been nominated, and the date of
declaration of the result of the election, both dates inclusive (hereinafter
in this chapter referred to as ‘election expenses’).

Explanation – 1: Election Expenses’ for purpose of this Act shall

mean all expenses in connection with the election,-

(a) incurred, or authorised by the contesting candidate, or

by his election agent;
(b) incurred by any association, or body of persons, or by any
individual (other than the candidate or his election agent),
aimed at promoting or procuring the election of the
candidate concerned; and
(c) incurred by any political party, by which the candidates
is set up, so as to promote or procure his election:

81
 Provided that any expenses incurred by any political party as part of
its general propaganda, (which is distinguishable from its election campaign,
for the promotion or procuring the election of a particular candidate), by
words, either written or spoken, or by signs or visible representations, or
by audiovisual devises, or through print or electronic media or otherwise,
shall not constitute ‘election expenses’ for purpose of this Act.

Explanation – II:- (1) For the removal of doubts, it is hereby declared that
any expenses incurred in respect of any arrangements made, facilities
provided or any other act or thing done by any person in the service of
the Government and belonging to any of the classes mentioned in clause
(9) of Section 17 A in the discharge or purported discharge of his official
duty as mentioned in the proviso to that clause shall not be deemed to be
expenses in connection with the election incurred or authorised by a
candidate or by his election agent for the purposes of this sub-section.

(2) The account of election expenses shall contain such particulars, as may
by order, be specified by the State Election Commission,
(3) The total of the said expenses shall not exceed such amount, as may
be order, be specified by the State Election Commission.

Lodging of account with the District Election Authority

(Section 617 C) :-

Every contesting candidate at an election shall, within forty five days

from the date of declaration of the result of the election, lodge with the
cooncerned Municipal Commissioner who in turn report to the District
Election Authority, an account of his election expenses, which shall be a true
copy of the account kept by him, or by his election agent, under Section
617 B.

Disqualification for failure to lodge account of election

(Section 20B):-

If the State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within
the time limit prescribed and in the manner required by
82
 or under this Act, and
(b) has no good reason or justification for the failure, the
State Election Commission shall, after following the
procedure prescribed, by order published in the
Telangana Gazette, declare him:-
(i) to be ineligible for a period of three years from the
date of the said order to contest any election held
for any office under this Act, and
(ii) to have ceased to hold office, in case he is elected,

ELECTION EXPENDITURE RETURNS

Rule 92. Particulars of account of election expenses:

(1) The account of election expenses to be kept by a candidate or his

election agent shall contain such particulars and shall be in such proforma as
may be specified by the State Election Commission.

(2) The account of Election Expenses shall be submitted to the District

Election Authority through the Commissioner within forty-five days of the
declaration of the result of the election. The date of submitting the return in
the Office of the Commissioner shall be deemed to be the date of filing the
return under Section 617C of the Act. The Commissioner shall forward all
returns received by him to the District Election Authority immediately on the
expiry of forty-five days from the date of declaration of the results of
elections.

(3) The Commissioner shall also send a list of contesting candidates who
have failed to submit the accounts of election expenditure within the time
specified in sub-rule (2). He shall also forward any accounts of election
expenditure submitted after the due date with his report.

Rule 93. Notice by District Election Authority for inspection of

accounts:

The District Election Authority shall, within two days from the date
on which the account of election expenses has been received by him, cause
a notice to be affixed to his notice board, specifying, -

(a) the date on which the account has been lodged before the
Commissioner,
(b) the name of the candidate; and
(c) the time and place at which such account can be inspected
by any intending person.
83
Rule 94. Inspection of account and the obtaining of copies
thereof:
Any person shall on payment of a fee of five rupees, be entitled to
inspect any such account and on payment of a fee equal to cost of
making copies be entitled to obtain attested copies of such account or of
any part thereof.

Rule 95. Report by District Election Authority as to the lodging of

the Account of election expenses and the decision of the State
Election Commission thereon:
(1) As soon as may be, after the expiration of the time specified in
Section 617C of the Act for the lodging of the accounts of election
expenses at any election, the District Election Authority shall, report to
the State Election Commission, -
(a) the name of each contesting candidate;
(b) whether such candidate has lodged his account of
election expenses, and if so, the date on which such
account has been lodged; and
(c) whether in his opinion such account has been lodged within
the time and in the manner required by the Act and these
rules.
(2) Where the District Election Authority is of the opinion that the
account of election expenses of any candidate has not been lodged
within the due date or lodged by not in the manner required by the
Act and these rules, he shall make a report to the State Election
Commission and with every such report, forward the account of
election expenses of that candidate and the vouchers lodged along
with it, if any.
(3) Immediately after the submission of the report referred to in sub-
rule (1), the District Election Authority shall publish a copy thereof
affixing the same on his notice board.
(4) As soon as may be, after the receipt of the report referred to
in sub-rule(1), the State Election Commission shall, consider the
same and decide whether any contesting candidate has failed to
lodge the account of election expenses within the time and in the
manner required by the Act and these rules.
(5) Where the State Election Commission decides that a contesting
candidate has failed to lodge his account of election expenses within
the time and / or in the manner required by the Act and these rules,
it shall by notice in writing call upon the candidate to show cause why
he should not be disqualified, and declared to have ceased to hold
office in case he is elected under Section 20B of the Act for the
84
 failure.
(6) Any contesting candidate who has been called upon to show
cause under sub-rule (5) may, within twenty days of the receipt of
such notice, submit in respect of the matter a representation in
writing to the State Election Commission, and shall at the same time
send to District Election Authority a copy of his representation
together with a complete account of his election expenses if he had
not already furnished such an account.

(7) The District Election Authority shall, within five days of the
receipt thereof, forward to the State Election Commission, the copy
of the representation and the account, if any, with such comments
as he wishes to make thereon.

(8) If, after considering the representation submitted by the

candidate and the comments made by the District Election Authority,
and after such inquiry as it thinks fit, the State Election Commission is
satisfied that the candidate has no good reason or justification for the
failure to lodge his account, it shall declare him by an order made
under section 20B of the Act to be ineligible for a period of three
years, from the date of the said order, to contest any election held for
any Office under the Act and if he is an elected candidate declare him
to have ceased to hold office with immediate effect and publish the
order in the Official Gazette.

Rule 96. Maximum election expenses:- The total of the expenditure

of which account is to be kept under section 617 B of the Act, and
which is incurred or authorised in connection with an election shall
not exceed the amount specified for in the order made by the State
Election Commission in this behalf.

2. Instructions issued by the State Election Commission: Under

Rule 92(i) of the said rules, the State Election Commission issued
instructions on maintenance and scrutiny of accounts of election
expenditure and also prescribed formats in which the day-to-day
expenditure and periodical abstract of election expenditure shall be
maintained by the candidates in its Order No.1079/TSEC-L/2018 dated
20.12.2018 (copy thereof is enclosed as Annexure-42).

3. Officers designated for inspection:The State Election Commission has

also designated officers for inspection and scrutiny of day to day election
85
expenditure and periodical expenditure maintained by the candidates during
campaign period in its Order No. 1079/TSEC-L/2018 dated 20.12.2018
(Annexure–42). The expenditure accounts maintained by the contesting
candidates for the office of member in the proformas prescribed can be
inspected and scrutinized by the Returning officer /Asst.Election Expenditure
Observer in which the corporation is falling. As per the provision of section 617
D of the Greater Hyderabad Municipal Corporation Act, 1955, the State
Election Commission also appoints Election Expenditure Observers during
ordinary elections who are also authorized to inspect the election expenditure
accounts maintained by the candidates contesting for the said offices.

4. Making election expenditure a public document:

The State Election Commission also issued orders in the Order No.
1079/TSEC-L/2018 dated 20.12.2018 (Annexure–42) that the daily returns
and periodical returns of the expenditure should be made transparent by
making them available to the public and other contesting candidates. The
Returning Officer shall make available photo copies of the returns to other
candidates, any member of the public or Non-Governmental Organizations
on demand and on payment of Xeroxing charges or a certified copy as per
section 76 of Indian Evidence Act, 1872 and to the media, free of cost, so
as to enable them to assist the State Election Commission in effectively
implementing the ceiling imposed on election expenditure to be incurred by
the contesting candidates.

5. Ceiling limits on election expenditure:

The State Election Commission by notification specifies the ceiling limits

on election expenditure that can be incurred by contesting candidates in
election to the office Member of Municipal Corporation. You shall obtain a
copy of the notification from the Returning Officer.(Annexure-43)

86
6. Furnishing copies of the notifications, orders issued by
the State Election Commission to the candidates:

The Returning Officer shall furnish a copy of the following documents

to all the contesting candidates.

1. Notification issued by the State Election Commission fixing

ceiling on election expenditure (Annexure-43).
2. Orders issued by the State Election Commission on
maintenance, scrutiny and inspection of election
expenditure accounts by the candidates in the prescribed
proforma.
7. Final return of election expenses:
As per the provision of Section 617 C of Greater Hyderabad Municipal
Corporation Act, 1955, the final return of election expenses shall be lodged
with the District Election Authority in respect of a candidate who has
contested election within 45 days from the date of publication of results.
Such return of election expenses shall be signed by the candidate and his
election agent, if any, appointed. Failure to lodge election expenditure
accounts will make you liable for penal action contemplated in Section 20B.

The Returning Officer shall scrupulously follow the provisions of the Act
and Rules issued there under and instructions issued by the State Election
Commission on matters relating to accounts of election expenditure
incurred by candidates to curb the role of money power and to ensure
free and fair elections.

***

87
 ANNEXURE – 1

Extracts of Section 20B, 21, 21-A, 21-B and 22 of Greater

Hyderabad Municipal Corporation Act, 1955

20-B. Disqualification for failure to lodge account of

election expenses:- If the State Election Commission is
satisfied that a person,-
(d) has failed to loge an account of election expenses within
the time and in the manner required by or under this Act,
and
(e) has no good reason or justification for the failure, the State
Election Commission shall, after following the procedure
prescribed, by order published in the Telangana Gazette,
declare him,-
(i) to be ineligible for a period of three years from the
date of the said order to contest any election held
for any office under this Act; and
(ii) to have ceased to hold office, in case he is
elected.”;
21. Qualification for being elected as a Member:- (1) Subject to the
provisions of this Act a person who is registered in any ward list.
(and who is not less than twenty one years of age), shall be
qualified to be elected as a Member for any of the wards in the city.

(2) Any person who ceases to be Member shall if qualified, under

sub-section (1) and not otherwise disqualified be eligible for re-
election as such.

21-A. General disqualification:- A person shall be disqualified

for being chosen as, or for being a Member of a Corporation if he
is otherwise disqualified by or under any law for the time being in
force for the purposes of elections to the legislature of the State
concerned:

Provided that no person shall be disqualified on the ground that

he is less than twenty five years of age, if he has attained the age of
twenty one years.

21-B. Person having more than two children to be

disqualified:- A person having more than two children shall be
disqualified for election or for continuing as Member;

Provided that the birth within one year from the date of

88
 commencement of the Telangana Municipal Laws (Second
Amendment) Act, 1994 (hereinafter in this Section referred to as the
date of such commencement) of an additional child or children shall
not be taken into consideration for the purposes of this Section;

Provided further that a person having more than two children

(excluding the child or children if any born within one year from the
date of such commencement) shall not be disqualified under this
Section for so long as the number of children he had on the date of
such commencement does not increase;

Provided also that where a person is having one child through

first delivery and more than one child are born in the subsequent
delivery, “such person shall not incur disqualification under this
Section.”

Provided also that the Government may direct that the

disqualification in this Section shall not apply in respect of a person for
reasons to be recorded in writing.
22. Disqualification for being a Member:- (1) Subject to the
provisions of this Act, a person shall be disqualified for being elected as
a Member if such person is at the date of election:-
(a) One who has been sentenced by any Court to imprisonment
or for an offence involving moral turpitude, such sentence
not having been subsequently reversed or quashed, or to
death, such sentence having been subsequently commuted
or altered to transportation or imprisonment:

Provided that, on the expiry of such sentence the disqualification

incurred under this clause shall cease;

(b) is of unsound mind and stands so declared by a competent

Court, a deaf- mute or a leper;

(bb) already a member or Sarpanch of a Gram Panchayat or a

member of a Manal Praja Parishad or Zilla Praja Parishad
constituted under the provisions of (Act 13 of 1994) Telangana
Panchayat Raj Act, 1994 or a member of a Nagara Panchayat or
Municipality constituted under the provisions of (Act 6 of 1965)
the Telangana Municipalities Act, 1965.

(c) holds any office or place of profit under Government or

under the Corporation or under any local authority;

89
 Provided that nothing in this clause shall apply to a person, who,
for the time being, is holding the office of the Chairman of an Urban
Development Authority for the development area comprising the
Corporation, constituted under sub-section (1) of Section 3 of the
Telangana Urban Areas (Development) Act, 1975.

(d) is an undischarged insolvent;

(e) holds any judicial office with jurisdiction within the limits of the
city;
(f) is employed as paid legal practitioner on behalf of the
Corporation, or accepts employment as legal practitioner
against the Corporation:
(g) having been a legal practitioner he has been dismissed or is
under suspension by order of the High Court on any of the
following grounds; the disqualification in the latter case being
operative during the period of suspension;
(i) a criminal offence implying a moral defect of character.
(ii) being guilty of fraudulent conduct.
(h) subject to the provisions of sub-section (2) has directly or
indirectly, by himself or his partner or if he belongs to a Joint
Hindu Family, by any member of such family, and share or
interest in any contract or has employment with by or on
behalf of the Corporation;
(i) has been dismissed from the service of the Government,
Corporation or any local authority for misconduct and has
been declared by a competent authority to be not eligible
for further employment in the public service;
(j) Omitted

(k) had been disqualified for voting under Section 20, unless such
period has elapsed for which he was disqualified for voting.

(2) A person shall not be deemed to have incurred disqualification

under clause
(h) of Sub-section (1) by reason only of his
(a) receiving pension from the Corporation;
(b) having any share or interest in

(i) any lease, sale, exchange or purchase of land or any

agreement for the same;
(ii) any agreement for the loan of money or any security for the
payment of money only;
(iii) any newspaper in which any advertisement relating to the
affairs of the Corporation is inserted;
(iv) any Joint Stock Company or any Society registered or deemed to

90
 be registered under the Telangana Area Co-operative Societies
Act, 1952 (Act XVI of 1952) which shall contract with or be
employed by the Commissioner on behalf of the Corporation;
(v) the occasional sale to the Commissioner on behalf of the
Corporation of any article in which he regularly trades to a
value not exceeding in the aggregate in any financial year
rupees five thousand: or
(vi) the occasional letting out on hire to or hiring from the
Corporation of any article for an amount not exceeding in the
aggregate in any financial year rupees one thousand.

(c) occupying as a tenant for the purpose of residence any

premises belonging to the Corporation.

91
 ANNEXURE – 2
FORM 7
[See Section 35]

Schedule – A of GHMC Act, 1955

Whereas the ……………… ward of Municipal Corporation of the City of

…….. has been called upon to elect a member on or before …….

I, …………………. the Returning Officer of the said ward ……………. do

hereby given the following:-
Public Notice
(i) Nomination papers may be delivered to the undersigned
at his office at
………… or, if he is unavoidably prevented from receiving the
same to
…… at…….. They should be presented between 11 a.m
and 3 p.m on or before ….. (date).

(ii) Forms of nomination paper may be obtained at the

offices of the persons above-mentioned between the
hours of ………(hour) and
…………..(hour) on ……..(date) in ……………..(place).

(iii) The nomination papers will be taken up for scrutiny at

……… hour on
…. date in …………….place.

(iv) The withdrawal to be made on ……………… date …………..

(v) In the event of the election being contested, the poll will
take place on
……….. between the hours of …………… and …………….

Date
Address Returning Officer

92
 ANNEXURE – 3
SCHEDULE A FORM 8
Nomination Paper
(See Section 36)
as amended

Election to the Municipal Corporation of the city of.... 20 ……....

1. Name of the Ward : ……………………………………..

2. Name of the Candidate : ……………………………………..

3. Father’s /Husband’s name : ……………………………………..

4. Age : ……………………………………..

5. Address : ……………………………………..

6. If the candidate is a member : ……………………………………..

of the Scheduled Castes or
Scheduled Tribes or Backward Classes.

7. Number and Name of the ward : ……………………………………..

electoral rolls in which the name
of the candidate is included.

8. Part Number and serial number of : ……………………………………..

the candidate in the ward electoral roll.

9. Name of the proposer : ……………………………………..

10. Part Number and Serial Number : ……………………………………..

of the proposer in the ward
electoral roll concerned.

11. Signature of the proposer : ……………………………………..

Declaration by candidate

I hereby declare that I agree to this nomination.

Date Signature of Candidate

93
 ANNEXURE – 4

FORM – IV
[See rule 5]

RECEIPT OF NOMINATION PAPER (DECLARATION BY RO/ARO)

Serial No. ………………..

This nomination paper for the Election to the Office of Member of the Municipal

Corporation of …………………… from …………….. Ward was delivered at my Office at (date and

hour) …………………… by the *Candidate / Proposer.

Returning Officer /
Assistant Returning Officer.

Date: ………………….

* Strike off whichever is inapplicable.

94
 ANNEXURE - 5
FORM – V

[See rule 5]

RECEIPT FOR NOMINATION PAPER AND NOTICE OF SCRUTINY

(To be handed over to the person presenting the nomination paper)

Serial Number of Nomination Paper …………….

The nomination paper of Sri/Smt/Kum………………………………….. a

candidate for the election to the Office of Member of the
Municipal Corporation

of
………………….. from Ward was delivered to me at my office at ……………..
(hour) on
………….. (date) by the * Candidate / Proposer.

All nomination paper will be taken up for scrutiny at ………… (hour)

on
………….(date) at ……………………(Place).

Returning
Officer/ Asst.
Returning Officer

*Strike off whichever is inapplicable.

95
 ANNEXURE - 6

FORM – I
[See rule 4]

DECLARATION AS TO CHOICE OF SYMBOLS

I am set up at this election as a candidate for the Office for

Member from
……………… Ward ………………….. Municipal Corporation by ………… party.
OR

I do hereby declare that the symbols which I have chosen for

my election are shown below in the order of preference.

1.
2.
3.

Signature of the Candidate

Date: Name:
*

96
 ANNEXURE – 7

FORM – II
[See rule 4]

DECLARATION BY CANDIDATE WHO IS A MEMBER OF ST/SC/BC

Declaration by a candidate who is a member of any of the *Schedule Tribes /

Scheduled Castes / Backward Classes to the election to the office of Member of the Municipal

Corporation of ……………………… from ……………… Ward.

I hereby declare that I am a member of the …………….. Tribe / Caste/ Class which has

been declared to be *Scheduled Tribe / Scheduled Caste / Backward Class in Group

A/B/C/D/E

Signature of the Candidate.

Date: Name:

* Strike off whichever is inapplicable.

97
 ANNEXURE – 8

FORM – III
[See rule 4]

DECLARATION TO ABIDE BY THE CODE OF CONDUCT

I hereby declare that the code of conduct prescribed by the State Election Commission

has been read by me/read over to me and I will abide by the conditions stipulated therein.

Date:
Signature of the Candidate
Name:

Signed before me on this _______________day of __________20______

Signature of Returning Officer

98
 ANNEXURE – 9

DECLARATION TO BE FILED BY THE CANDIDATE FILING

NOMINATION ON ACCOUNTS OF ELECTION EXPENDITURE

I……………………………………………………, S/o…………………………………….…………
Resident of………………………………………… Municipal
Corporation……….………………….., having filed the nomination for the office of
Member of ………………………… Municipal Corporation hereby
acknowledge that I have been supplied with a copy of the State
Election Commission’s Order No.1079/TSEC-L/2019,
dated:20.12.2018 relating to maintenance of accounts of election
expenditure by the contesting candidates and also the
Notification No.------------------------, dated:----------------.
Prescribing maximum limit on expenditure which can be incurred by
the contesting candidates for the said offices.

I hereby declare and undertake to keep my election expenditure

within the limit prescribed and also to maintain true and day to day
accounts of the expenditure in the manner prescribed.

I, further, declare that I am fully conversant with the legal

provisions contained in Greater Hyderabad Municipal Corporation Act,
1955 and Rules issued thereunder dealing with election expenses and I
hereby undertake to act in accordance with these provisions of Law
and the rules made thereunder and in the true spirit of democracy
while contesting the election for the above mentioned office.

Signature of the Contesting

Candidate

The above declaration is signed before me

Returning Officer

99
ANNEXURE – 10

100
101
102
103
104
105
106
107
108
 ANNEXURE – 11

Declaration regarding disqualification

(to be filed by contesting candidate along with
nomination papers)

I S/o
_hereby declare that I am not disqualified to the best of
knowledge and belief for being chosen Ward Member of the
Municipal Corporation of
under Sections 21A, 21B and 22 of Greater Hyderabad Municipal
Corporation Act, 1955.

Date………….. Signature of the Candidate

Signed before me on this _day of _20

Returning Officer

109
ANNEXURE - 12

110
111
112
113
114
115
 ANNEXURE – 13
// ELECTIONS / URGENT //

TELANGANA STATE ELECTION COMMISSION

1st Floor, DTCP Building, Opp: PTI Building, A.C. Guards, Hyderabad – 500 004.

CIRCULAR

Cir.No.1032/TSEC-L/2019 Dated:07.02.2019

Sub:- Conduct of ordinary elections to Urban Local Bodies – Restriction on

number of vehicles and people at the time of filing nominations –
Instructions – Issued – Reg.

***

At the time of filing of nominations in the offices of the Returning Officers /

Election Officers, it is often noticed that proper control and order is not maintained
due to overcrowding by the supporters of the candidates. In order to avoid over
crowding and to ensure proper control and order at the time of filling of nominations,
the Commission decided to issue the following directions:

1) The Election Authority & Commissioner, GHMC / Election Authority & C & D,
MA / District Election Authority / Commissioners of Municipal Corporations /
Municipal Commissioners may inform various political parties and interested
groups that the maximum number of vehicles that will be allowed to come
within the periphery of 100 meters of Returning Officer’s/ Assistant Returning
Officer’s / Election Officers / Assistant Election Officers office shall be two per
a candidate.

2) Maximum number of persons that will be allowed to enter the office of

Returning Officer’s/ Assistant Returning Officer’s / Election Officer’s / Assistant
Election Officer’s at the time of filing nomination shall be the candidate plus
two other individuals which may include the proposer proposing the
nomination of the candidate i.e. there can be only three people (including the
candidate) who can remain present inside the Returning Officer’s/ Assistant
Returning Officer’s / Election Officer’s / Assistant Election Officer’s room at the
time of filing nomination.

3) As per statute, the nomination paper can be delivered to the Returning Officer
/ Assistant Returning Officer / Election Officer / Assistant Election Officer
either by the candidate in person or by his proposer. Where a candidate
chooses not to be present physically to deliver the nomination paper, the
proposer and two other individuals shall be allowed to enter the office of
Returning Officer / Assistant Returning Officer / Election Officer / Assistant
Election Officer.

116
 4) Requisite number of Senior Police Officers shall be designated as Nodal
Officers to assist the RO/EO. Each one of these Nodal Officers may be in
charge of two or three Wards each to ensure strict adherence to the above
instructions on restricting the number of vehicles and persons accompanying
the candidates. The Nodal Officer shall be given adequate support personnel
to ensure that the instruction is complied with.

5) The expenditure on the vehicles that will come along with the candidate at the
time of filing of nominations shall be taken into account for calculating his
expenditure if he remains in the fray.

6) Any violation of this instruction at time of filing nomination papers will be

seriously viewed by the Commission and action will be taken against RO/EO
and or any other person responsible including the candidate.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)

Sd/- M. Ashok Kumar

SECRETARY

To

1) All the Returning Officers/Election Officers through Municipal Commissioners

concerned.
2) The EA & Commissioner, GHMC, Hyderabad.
3) The EA & Commissioner & Director of Municipal Administration, Telangana,
Hyderabad.
4) All the Collectors & DEAs in the State.
5) All the Commissioners of Municipal Corporations in the State.
6) All the Municipal Commissioners in the State.
7) All the Deputy Commissioners, GHMC.
8) The Regional Directors-cum-Appellate Commissioners of Municipal
Administration Hyderabad and Warangal.

Copy to the Secretary to Govt., MA & UD Department, Telangana, Secretariat,

Hyderabad.

// Attested //

Joint Secretary

117
 ANNEXURE - 14

FORM – VI

[See rule 6]
LIST OF NOMINATIONS RECEIVED
Notice of nomination for election to the office of Member of the
Municipal Corporation of ………………….. from …………………. Ward.

Sl. Name of Ag Address *Whether the (ward in the Name of ** Serial

N Candidat e candidate is a electoral roll proposer Number of
o e
member of the in which the proposer in
Schedule Tribes/ name of the the electoral
Scheduled candidate is the
Caste/ Backward included and electoral
Classes. The the ** serial roll in
particular number of Which his
caste/ Tribe candidate in name is
/Class to electoral roll. included
which the
candidate
belongs

1 2 3 4 5 6 7 8

Returning Officer /

Date: ………….. Asst. Returning Officer

118
* This column is to be filled only in the case of a (Ward) where the
seat to be filled is reserved for the Scheduled Tribes
/Scheduled Castes/ Backward Classes in other cases this
column should be struck out.
** Where the electoral roll is sub-divided into parts and separate
serial numbers, are assigned to the voters entered in each
part a description of the part in which the name of the person
concerned is also to be given here.

119
 ANNEXURE - 15

FORM – VIII

[See rule 7(2)]

LIST OF VALIDLY NOMINATED CANDIDATES

Election to the Office of Member of the Municipal Corporation of

…………………from ……………….. Ward.

---------------------------------------------------------------------------------------
Sl. No. Name of Candidate Name of Address of
Father/Husband Candidate

---------------------------------------------------------------------------------------
1 2 3 4
---------------------------------------------------------------------------------------
1.
2.
3.
etc.
---------------------------------------------------------------------------------------

Returning Officer

Place …………………
Date …………………

120
 ANNEXURE - 16

SCHEDULE A FORM 9

Form of Notice of withdrawal

[Sub-section (1) of Section 40]

To the Returning Officer for

……………………………………………… ward of the Municipal
Corporation of --------------------------------------

I………………………………of………………………………………………………………………………………
a candidate nominated at the election in the above ward do hereby
give notice that I withdraw my candidature …………………..………………

Dated this……………………..day of ......... 201…………

Place: Signature of Candidate

This notice of withdrawal was delivered to me at my office

at
………………………………..(hours)…………..(date) by……………………..the
candidate/the candidate’s proposer / election agent who has been
authorised in writing by the candidate to deliver it.

Returning Officer /
Assistant Returning Officer

121
 ANNEXURE - 17

FORM – IX

[See rule 8(1)]

RECEIPT FOR NOTICE OF WITHDRAWAL

(To be handed over to the person delivering the notice)

The notice of withdrawal of candidate by Sri /Smt/

Kum………………………. a candidate at the election to the Office of
Member of the Municipal Corporation of
……………………………….. from ………..………… Ward was delivered to me by Sri
/Smt/ Kum.…………………………………… the *candidate/the candidate’s proposer
/ election agent who has been authorized in writing by the candidate
to deliver it at my Office at ……………… (hour) on ………….. (date).

Returning Officer
Date ………………………

* Strike off whichever is inapplicable.

122
 ANNEXURE - 18
FORM – X

[See rule 8(2)]

Notice of Withdrawal of Candidatures

ELECTION TO THE WARD MEMBER ………………………………….. Municipal

Corporation of …………………………..

Notice is hereby given that the following validly nominated –

* Candidate / Candidates at the above election withdraw his

* Candidature / their Candidatures today.

Name of validly Address of Remarks

nominated validly
candidate nominated
candidate
1.
2.
3.
4.
5.
6.
7.
8.
etc.

Returning Officer

Date ……………………

* Strike off the inappropriate alternative

123
 ANNEXURE - 19

FORM – XI

[See rule 9]

LIST OF CONTESTING CANDIDATES

Election to the Office of the Member of the Municipal Corporation of

………… from ………………… Ward.

Sl. Name of Address Party Symbol

No Candidate of Affiliation assigned to
candidat , if any the
candidate
e
1.
2.
3.
4.

Note: The poll will be taken between the hours of …………… and …………….
at the polling station fixed for the poll (on the date or dates) to
be notified separately.

Returning Officer.
Place ………………… Date ……………………

124
 ANNEXURE –20

TELANGANA STATE ELECTION COMMISSION

1st Floor, DTCP Building, Opp: PTI Building, A.C. Guards, Hyderabad –
500 004.

THE REGISTRATION OF POLITICAL PARTIES AND

ALLOTMENT OF SYMBOLS ORDER, 2018

An order to provide for the Registration of Political Parties and for

allotment of Symbols at elections to Panchayat Raj Institutions (PRIs) and Urban
Local Bodies (ULBs) in Telangana, and for matters connected therewith.

Whereas, the superintendence, direction and control of all elections to local

bodies in the State are vested by the Constitution of India in the State Election
Commission;
And Whereas it is necessary and expedient to provide for, in the interests
of purity of elections to the local bodies, and in the interests of conduct of such
elections in a fair and efficient manner, the registration of political parties and for
matters connected therewith;

Now, therefore, in exercise of the powers conferred by Article 243 K read

with Article 243 ZA of the Constitution of India, the State Election Commission,
hereby, makes the following order: -
1. Short title, extent, application and commencement:
(1) This Order may be called the Registration of Political Parties and
Allotment of Symbols Order, 2018.

(2) It extends to the whole of the State of Telangana.

(3) It applies to all elections held to local bodies in the State, on party
basis.
(4) It shall come into force with immediate effect.

125
 Part –I

PRELIMINARY
2. Definitions: In this Order, unless the context otherwise requires, -
(1)'Commission' means, the State Election Commission constituted under
Article 243 K read with Article 243 ZA of the Constitution of India;
(2)'Election Commission of India' means, the Election Commission of India
constituted under Article 324 of the Constitution of India;
(3)'local body' means, -

(a) a Gram Panchayat, Mandal Praja Parishad or Zilla Praja Parishad

constituted under the Telangana Panchayat Raj Act, 2018 (Act 5 of
2018);

(b) a Municipality constituted under the Telangana Municipalities Act,

1965 (Act 6 of 1965); or

(c) a Municipal Corporation constituted under any law relating to

Municipal Corporations for the time being in force in the State;

(4)'paragraph' means a paragraph of this Order;

(5)'political party' means a political party registered under this Order;

(6)'recognised political party' means a political party recognised as a

National Party or as a State Party under the Election Symbols
(Reservation and Allotment) Order, 1968, made by the Election
Commission of India, and also registered by the Commission;

(7)'registered political party’ means a political party registered with the

Commission;

(8)'State' means the State of Telangana;

(9) words and expressions used but not defined in this Order, but defined
in the Telangana Panchayat Raj Act, 2018, or the Telangana
Municipalities Act, 1965, or any law relating to Municipal Corporations,
for the time being in force, in the State, or the rules made thereunder,
shall have the meanings respectively assigned to them in those Acts,
laws and rules.

126
 Part - II
REGISTRATION OF POLITICAL PARTIES

3. Registration of Political Parties: (1) Any association or body of individual

citizens calling itself a political party, or a political party already registered with
the Election Commission of India, and intending to avail itself of the provisions of
this Order, shall make an application to the State Election Commission for its
registration as a political party for the purposes of elections to local bodies in the
State.
(2) Every application under sub-paragraph (1) shall be signed by the chief
executive officer of the association or body or political party (whether such chief
executive officer is known as Secretary or by any other designation) and
presented to the Secretary to the Commission or sent to such Secretary by
registered post. All pages of the application including annexures should be (page)
numbered in continuation.
(3) Every such application shall contain the following particulars, namely: -
(a) the name of the association or body or political party; The name of
the Party proposed to be registered should not be identical/similar
to the name of the Party already registered with the Commission.
(b) location of its head office;
(c) the address to which letters and other communications meant for it
should be sent;
(d) the names of its president, secretary, treasurer and other office-
bearers;
(e) the numerical strength of its members, and if there are categories of
its members, the numerical strength in each category;
(f) whether it has any local units; if so, at what levels;
(g) whether it is represented by any office-bearers or members in any
of the local bodies in the State; if so, their number and particulars
relating to the office they are holding and the local body concerned;
(h) whether it is represented by any member or members in either
House of Parliament or of any State Legislature; if so, the number
as such;

127
 (i) whether it has already registered itself as a political party with the
Election Commission of India, and if so, whether it is recognised as
a National party or a State Party;

(4) (a) The application must be accompanied by the following documents/

information:
(i) A Demand Draft of Rs.10,000/- (Rupees ten thousand only) on
account of processing fee drawn in favour of the Secretary,
Telangana State Election Commission. The processing fee shall
be non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and

bye-laws/ constitution of the Party (A model of Structure and
Components of the Constitution is at Annexure-III) containing
a specific provision which reads
“…………………………………………………………. (name of the
party) shall bear true faith and allegiance to the Constitution of
India as by law established and to the principles of socialism,
secularism and democracy and would uphold the sovereignty,
unity and integrity of India”.
NOTE: The above mandatory provision must be included in
the text of the party constitution itself as one of the clauses.
No association or body shall be registered as a political party
unless the memorandum, rules and regulations or the
constitution of such association or body conform to the above
referred provision. The copy of the party constitution furnished
with the application should also be duly authenticated on each
page by the General Secretary/President/Chairman of the party
and the seal of the signatory affixed thereon.
In case of National recognised Political Party, it shall be
authenticated by both National Level and State level
Secretary/President/Chairman of the Party.
In case of Recognised State Party in other States, it shall be
authenticated by Secretary/President/ Chairman of the Party

128
 where (i.e., the State) it is recognised and also
Secretary/President/Chairman of this State.
(iii) There should be a specific provision in the rules and
regulations/ memorandum/Constitution of the party regarding
organisational elections at different levels and the periodicity
of such elections and term of office of the office-bearers of the
party.

(iv) Besides procedure in the case of merger/dissolution of the

association, amendment in Party constitution and disciplinary
action against erring members of the Party should be provided
in the bye-laws. There should be clear provision in the Party
Constitution about membership of the Party. There should not
be any discrimination in the matter of membership.

(v) Self attested extract copy of the latest Electoral Roll in respect
of atleast 25 members of the organisation (including all office-
bearers/members of main decision making organs like
Executive Committee/Executive Council) to show that they are
registered electors.

(vi) An affidavit duly signed by the President/General Secretary of

the applicant party and sworn before a 1st class Magistrate/
Notary Public to the effect that no member of the organisation
is a member of any other political party registered with the
Commission (specimen of affidavit is at Annexure-V).

(vii) Individual affidavits from atleast 25 members of the party to

the effect that the said member is a registered elector and that
he is not a member of any other political party registered with
the commission. These affidavits should be on Stamp Paper of
atleast Rs.10/- denomination and duly sworn before a 1st class
Magistrate/Oath Commissioner/Notary Public. These affidavits
should be from those persons in respect of whom certified
extracts of electoral rolls are being furnished (specimen of
affidavit is at Annexure-VI).

129
(viii) Particulars of Bank accounts and Permanent Account Number
(PAN) if any, in the name of the party should be furnished.

(ix) List of office bearers and members of the Party mentioned at

V and VII above.

(x) Separate affidavits from the office bearers of the main organs
of the Party in respect of their assets and liabilities (Specimen
format is at Annexure-VII).

(xi) Copies of income tax returns of office bearers of the Party for
last three years, if they are income tax payers. In case, any
office bearer is not income tax payee, certified details of his /
her monthly income along with source of income.

(xii) Copies of PAN cards of office bearers of the Party.

(xiii) Affidavits from the office bearers of the main organs of the
Party showing information about their criminal antecedents in
affidavit form (Specimen format is at Annexure – VIII).

(xiv) Authenticated proof showing that, the Party Constitution has

been adopted by the General Body of the Party.
(xv) Declare in the constitution of the Party that, it will submit a
copy of the annual audited accounts and a copy of the income
tax returns filed under the law of the Party to the State
Election Commission within a period of six months after the
end of the relevant financial year.

(xvi) The applicant party must ensure in its constitution itself, by

virtue of a specific clause that the party will not, in any
manner, promote or instigate or participate in violence.

(xvii) A specific clause shall be provided in the party constitution

that, party will hold periodic (Period to be specified in
constitution but atleast once in 4 years) and regular election
to all positions of office-bearers and organs of the party.

(xviii) A specific clause shall be provided in the constitution of the

Party that, any amendment to the constitution shall be
approved by the General Body of the Party.

(xix) The party must declare in its constitution that it must contest
an election conducted by the Commission within 5 years of its
registration.
If the party does not contest elections continuously for
6 years, the party shall be liable for deregistration.

(xx) A check list with clear answer against each item therein be
submitted with application (specimen of check list is indicated
130
 in the Annexure-II) the relevant page number of application,
where the details of the particular item in check list can be
verified, must be indicated by the party.

(b) In the case of a political party already registered with the

Election Commission of India, the application shall be accompanied
by the documentary evidence of its registration with the Election
Commission of India, Symbol particulars and a certified copy of the
party constitution, by whatever name called.
(5) The application shall also be accompanied by a declaration to the
effect that the applicant has read and understood the provisions of
this Order and that the political party sought to be registered by him
shall abide by the provisions of this Order.
(6) The Commission may call for such other particulars, as it may deem
fit from the association or body or political party.
(7) (i) After submitting the application to the Commission, the
applicant Party shall get published a notice in two “widely circulated”
daily news papers in the State of Telangana, of which one shall be
in Telugu. The term “widely circulated” shall mean those daily news
papers whose circulation is certified by a reputed and independent
third party agency such as Audit Bureau of Circulation (ABC) and
ranks as one amongst the top three daily news papers within the
given language. The notice should indicate therein, the name of the
Political Party, address of the Party, its main office bearers and the
symbol being sought (if required) and calling for objections if any,
for such registration from the general public (specimen notices are
at annexure-IX & X). The applicant party shall submit the published
notice in original to the Commission.

After the submission of the published notice by the applicant

Party, the Commission shall publish the notice in Telangana Gazette
and TSEC web portal before processing the case further.

(ii) If no objection is received within 15 days from the date of

publication in news papers, Telangana Gazette and TSEC web
portal as specified in sub para (i) above, it shall be competent for
the State Election Commission to register the political party as
proposed in the notice.

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 (iii) If any objection is received the State Election Commission
may consider the same and in case it is found to be flimsy, it
may reject the same and register the political party. If on the
other hand the State Election Commission considers that the
objection is prima facie genuine, then the same shall be
communicated to the applicant and his remarks shall be
called for. After receipt of the remarks the Commission may
either decide the matter on merits on the basis of the records
available or it may give personal hearing to the parties
concerned and take a decision thereafter. The decision of
the State Election Commission shall be final.
(iv) Every Association or Body of individual citizens making an
application under this order for registration of political party
shall take care to see that the name of the political party
proposed to be registered should not resemble the name of a
political party which is already registered with the State
Election Commission, thus giving rise to a confusion in the
minds of the general public. Where the State Election
Commission is either suo-moto or on objections received from
the general public considers that the name of the political
party sought to be registered is similar to a political party
already registered, it shall be competent to the Commission
to reject the application. It shall however, be open to the
applicant to make a fresh application by changing the name
of the political party and any such application will be
examined de-novo as if it is a new application. The decision
of the State Election Commission shall be final.
(8) After an association or body or political party has been registered as
a political party as aforesaid,
(a) any change in its name, head office, office-bearers, address or in
any other material matters shall be communicated to the
Commission without delay;

(i) Any change in name of the Party shall be adopted by the

general body of the Party and thereafter the Party shall get
published a notice in two “widely circulated” daily news
papers in the State of Telangana, of which one shall be in
Telugu. The term “widely circulated” shall mean those daily
news papers whose circulation is certified by a reputed and
independent third party agency such as Audit Bureau of
Circulation (ABC) and ranks as one amongst the top three
daily news papers within the given language. The notice
should indicate therein, the proposed change of name of
the Party and calling for objections if any for such change
of name of the Party from the general public (a specimen
notice is at annexure-XI). The applicant party shall submit
the publication of notice in original to the Commission.

After the submission of the published notice by the

132
 applicant Party, the Commission shall publish the notice in
Telangana Gazette and TSEC web portal before processing
the case further.

(ii) If no objection is received within 15 days from the date of

publication in news papers/Telangana Gazette/TSEC web
portal as specified in sub para above, it shall be competent
for the State Election Commission to change the name of
the political party as proposed in the notice.

(iii) If any objection is received, the State Election

Commission may consider the same and in case it is
found to be flimsy, it may reject the same and change
the name of the political party. If on the other hand
the State Election Commission considers that the
objection is prima facie genuine, then the same shall
be communicated to the applicant and his remarks
shall be called for. After receipt of the remarks the
Commission may either decide the matter on merits on
the basis of the records available or it may give
personal hearing to the parties concerned and take a
decision thereafter. The decision of the State Election
Commission shall be final.

(b) such associations or body or political party shall maintain true

accounts of its income and expenditure, and particularly maintain
separate accounts for the expenditure incurred in connection
with local body elections, indicating details of the expenditure
incurred on the general publicity of the party, and candidate-
wise expenditure incurred for promoting the election of specific
candidates set up or supported by the party in various elections
to local bodies;

(c) Every Political Party invariably to maintain accounts and copy of

the annual audited accounts along with a copy of the income-tax
returns, if any filed under the law for the relevant financial year
shall be submitted in the office of the Commission within a
period of six months after the end of the relevant financial year,
even if it is “NIL” it has to be audited and submitted as “NIL”;

In case of recognised political parties a copy of audited

annual accounts submitted to the ECI (or) a copy of
acknowledgement showing that the party has submitted audited
accounts to ECI has to be submitted to the TSEC within a period
of six months after the end of the relevant financial year.
(d) should observe the provision of the Model Code of Conduct for
Local Body Elections issued by the Commission;

133
(e) Follow or carry out the lawful directions and instructions of the
Commission, given from time to time, with a view to furthering
the conduct of free, fair and peaceful elections or safeguarding
the interests of the general public and electorate in particular.

134
 Part - III
Allotment of Symbols
4. Allotment of Symbols:
In every contested election, a symbol shall be allotted to a contesting
candidate in accordance with the provisions of this Order, and different
symbols shall be allotted to different candidates at an election in the same
local body.
5. Classification of Symbols:
(1) For the purposes of this Order, symbols are either reserved or free.
(2) Save as otherwise provided in this Order, a reserved symbol is a
symbol, which is reserved for a recognised political party or a
registered political party for exclusive allotment to the contesting
candidates set up by that party.
(3) A free symbol is a symbol, other than a reserved symbol.
5A:- Conditions for allotment of reserved symbol to registered political
parties:
(a) Registered political party without a reserved symbol: No symbol
shall be reserved to any political party registered with the State Election
Commission as per the provisions of this Order unless and until the
conditions specified in sub. paragraphs (b) and (b-1) are satisfied.
Such registered political party shall be given preferential treatment in
allotment of free symbols to the candidates set up by it over the
independent candidates.
(b) Registered political party with a reserved symbol: A registered
political party which returns 15 MPTC Members or 3 ZPTC Members or
15 Ward Members of Municipalities or 15 Ward Members of Municipal
Corporations or 3 Members of GHMC from anywhere in the State shall
be entitled for a reserved symbol. It shall also be sufficient if a political
party returns a total number of 15 candidates from one or more of the
local bodies put together in the entire State. For the purpose of this
clause one ZPTC Member or one GHMC Member shall be treated as
equal to 5 offices of Members of MPTC/Municipality/ Municipal
Corporation. After each ordinary election, the performance of each
registered political party shall be evaluated in order to identify the
registered political parties which satisfy the criteria for registration of a
135
 symbol. On fulfilment of criteria stipulated for reservation of a symbol,
the party concerned shall in consultation with the State Election
Commission furnish a list of three symbols of its choice in the order of
preference and one of them will be reserved as common symbol of the
party by the State Election Commission.

(b-1) A registered political party which is also a political party

registered with the Election Commission of India and categorized as
unrecognized political party has a sitting member either in the
Legislative Assembly of the State of Telangana or in the House of
People representing a Constituency in the State of Telangana shall be
entitled to a reserved symbol. Such political party shall for this purpose
intimate to the Secretary, State Election Commission a list of three
symbols from out of the free symbols notified by the Commission in
order of preference and thereupon the Commission shall reserve one of
them as a reserved symbol.
(c) Conditions for continued reservation of a common symbol for a
registered political party: If a symbol is reserved to a registered
political party under sub-paragraph (b), the question whether it shall
continue to be so reserved after any subsequent ordinary election to
local body shall depend upon the continued fulfilment by it of the
conditions specified therein.

(c-1). If a symbol is reserved to a registered political party under sub

paragraph (b-1), it shall continue only so long as that political party
has a sitting member in the Legislative Assembly of the State of
Telangana or House of the People representing a constituency in the
State of Telangana.

136
6. Choice and allotment of symbols:
(1) A candidate set up by a recognised National Party and registered with
the State Election Commission at any election to the local bodies in the
State shall choose, and shall be allotted, the symbol reserved for that
party by the Election Commission of India and no other symbol.

(2) A candidate set up by a recognised State party and registered with the
State Election Commission at any election to the local bodies in the
State, (whether) such party is a State party in the State or not, shall
choose, and shall be allotted the symbol reserved for that party by the
Election Commission of India and no other symbol.

* Provided that, the Symbol is not reserved by ECI to any other

recognised State Party in this State or Recognised State Party in other
States which is registered with TSEC, with the same Symbol.

* In such case, where the symbol reserved by ECI to a “Recognised

State Party in other States” is already reserved to a “Recognised State
Party in this State” or another “Recognised State Party in other State
and registered with TSEC”, a free symbol chosen by that Party at the
time of its Registration with TSEC shall be allotted to the candidates set
up by that Party and no other symbol.

* In such case, where more than one Recognised State Parties in

different States having the same Symbol allotted to them in their
respective States by ECI and that Symbol is not allotted to any
recognised Party in this State, the Political Party which approaches the
Telangana State Election Commission first, for registration, shall be
allotted that Symbol by TSEC and notified in the Symbol Notification.
The balance of such Parties approaching later for registration with
TSEC, the available free Symbols chosen by those Parties are allotted
by TSEC and notified in its Symbol Notification.
(* Amended vide Notification No.214/TSEC-L/2018,
dated 16.10.2018)

137
 (3) A candidate set up by a registered political party at any election to the
local bodies in the State shall choose, and shall be allotted the symbol
reserved for that party by the Commission and no other symbol.

(4) In any election to the local bodies in the State, a reserved symbol shall
not be chosen by, or allotted to, any candidate other than a candidate
set up by a recognised or registered political party for whom such
symbol has been reserved, even if no candidate has been set up by
such party in such election.

6A – Concession to candidates set up by registered political parties

without a reserved symbol.
The candidates set up by a registered political party without a reserved
symbol at the ordinary election to the MPTCs / ZPTCs or Ward Members of
Municipal Bodies, may be allotted a common symbol from the list of free symbols,
subject to the fulfilment of the following conditions, namely –
(i) A Registered Political Party sets up candidates at least in 10% (ten
percent) of the total number of MPTCs or ZPTCs or Ward Members of
Urban local bodies as the case may be, in the State and give an application
to the State Election Commission also with an undertaking to that effect
within two clear days of the date on which the notification (or first of the
notifications in the case of a phased election) of the election has been
issued.
(ii) The registered political party shall submit to the Commission a demand
draft for Rs. 10,000/- (Rupees ten thousand only) drawn in the name of
Secretary, Telangana State Election Commission, Hyderabad as deposit
which subject to clause (iv) be refundable;
(iii) The Registered Political Party shall give the names of ten symbols, in order
of preference, from out of the list of free symbols notified by the
Commission for the election;
(iv) The Registered Political Party shall also give an undertaking that if the
party does not set up candidates in the minimum number of the
constituencies as prescribed in condition (i) above, its candidates shall not
be entitled to allotment of common symbols to them and in addition agrees

138
 to the forfeiture by the Commission of the deposit amount, referred to in
clause (ii);

Explanation: For the removal of doubt, it is hereby clarified that-

(i) The concession of allotment of common symbol to the candidates of

a registered political party without a reserved symbol under this paragraph
shall be only a one-time facility and a party that has availed of this
concession once shall not be automatically eligible for the concession in
any subsequent Ordinary Election;

(ii) The symbol allotted as a common symbol to the candidates of a

party under this paragraph shall be available for allotment to candidates
set up by the other parties or independent candidates in those other
constituencies in which that party has not set up its candidates;

(iii) If two or more parties give preference for the same symbol, then the
question of allotment of the symbol to one of such parties shall be
decided by draw of lots;

(iv) Notwithstanding anything contained in clause (iii) a political party has

been allowed to contest with a particular common symbol in last general
elections to the Telangana Legislative Assembly or House of the People
that political party shall have the preference for allotment of the same
symbol.

(v) If it is not possible for the Commission for any reason to allot a
common symbol to the candidates of a registered political party from out
of the list of symbols it has given its preference under this paragraph,
some other symbol from the list of free symbols may be allotted to that
party in consultation with that party.

7. Choice of symbols by other candidates and allotment thereof:-

(1) Any candidate at an election to local bodies in the State, other than

(a) a candidate set up by a recognised political party;

(b) a candidate set up by any registered political party with a

reserved symbol referred to in sub paragraphs (b) and (b-1)
of paragraph-5A, and

139
 (c) a candidate set up by any registered political party referred
to in paragraph-6A; shall choose and shall be allotted in
accordance with the provisions hereafter set out in this
paragraph, one of the symbols specified as free symbols by
the Commission.

(2) Where any free symbol has been chosen by only one candidate at
such election, the returning officer/election officer shall allot that
symbol to that candidate and to no one else.
(3) Where the same free symbol has been chosen by several candidates
at such election, then, -
(a) if of those several candidates one of the candidates is, or
was holding the same office, and was allotted that free symbol at
the previous election to the same office, when he was chosen, the
returning officer/election officer shall allot that free symbol to that
candidate and to no one else; and
(b) if of those several candidates, no one is, or was, a sitting
member, the returning officer/election officer shall decide by lot to
which of those candidates that free symbol shall be allotted, and
allot that free symbol to the candidate on whom the lot falls and to
no one else;
(4) Where the same free symbol has been chosen by several candidates
at such election, then -
(a) If, of those several candidates, only one is a candidate set up
by an registered political party without a reserved symbol and all the
rest are independent candidates, the returning officer shall allot that
free symbol to the candidate set up by the registered political party
without a reserved symbol, and to no one else; and, if, of those
several candidates, two or more are set up by different registered
political parties without a reserved symbol and the rest are
independent candidates, the returning officer shall decide by lot to
which of the two or more candidates set up by the different
registered political parties without a reserved symbol that free
symbol shall be allotted, and allot that free symbol to the candidate
on whom the lot falls, and to no one else.

140
 Provided that where of the two or more such candidates set
up by such different registered political parties without a reserved
symbol, only one is, or was, immediately before such election, a
sitting member of the local body (irrespective of the fact as to
whether he was allotted that free symbol or any other symbol at the
previous election when he was chosen as such member), the
returning officer/election officer shall allot that free symbol to that
candidate, and to no one else:
(b) If, of those several candidates, no one is set up by any
registered political party without a reserved symbol and all are
independent candidates, but one of the independent candidates is,
or was, immediately before such election a sitting member of the
local body and was allotted that free symbol at the previous election
when he was chosen as member, the Returning Officer/Election
Officer shall allot that free symbol to that candidate, and to no one
else; and
(c) If, of those several candidates, being all independent
candidates, no one is, or was, a sitting member as aforesaid, the
returning officer/election officer shall decide by lot to which of those
independent candidates that free symbol shall be allotted, and allot
that free symbol to the candidates on whom the lot falls, and to no
one else.”
8. When a candidate shall be deemed to be set up by a political
party:-
For the purposes of an election for any Local Body to which this Order
applies, a candidate shall be deemed to be set up by a political party in any such
Local Body, if, and only if,-

(a) the candidate has made the prescribed declaration to this effect in
his nomination paper;
(b) the candidate is a member of that political party and his name is
borne on the rolls of members of the party;
(c) a notice by the political party in writing, in Form B, to that effect
has, not later than 3 p.m. on the last date for withdrawal of
candidature, been delivered to the Returning Officer concerned;
141
 (d) the said notice in Form B is signed by the President, the Secretary or
any other office bearer of the party, and the President, Secretary or
such other office bearer sending the notice has been authorised by
the party to send such notice;
(e) the name and specimen signature of such authorised person are
communicated by the party, in Form A, to the Returning Officer and
to the District Election Authority concerned, not later than 5 p.m. on
the last date for making nominations;
(f) Forms A and B are signed, in ink only, by the said office bearer or
person authorised by the party: Provided that no facsimile signature
or signature by means of rubber stamp, etc., of any such office
bearer or authorised person shall be accepted and no form
transmitted by fax shall be accepted.
8A. Substitution of a candidate by a political party:- For the removal of any
doubt, it is hereby clarified that a political party which has given a notice in Form
B under paragraph 8 in favour of a candidate may rescind that notice and may
give a revised notice in Form B in favour of another candidate:
Provided that the revised notice in Form B, clearly indicating therein that
the earlier notice in Form B has been rescinded, reaches the Returning Officer,
not later than 3 p.m. on the last date for withdrawal of candidature, and the said
revised notice in Form B is signed by the authorised person referred to in clause
(e) of paragraph 8:
Provided further that in case more than one notice in Form B is received by
the Returning Officer in respect of two or more candidates, and the political party
fails to indicate in such notices in Form B that the earlier notice or notices in Form
B, has or have been rescinded, the Returning Officer shall accept the notice in
Form B in respect of the candidate whose nomination paper was first delivered to
him, and the remaining candidate or candidates in respect of whom also notice or
notices in Form B has or have been received by him, shall not be treated as
candidates setup by such political party.
9. Power of Commission to suspend or withdraw registration of a
political party for its failure to observe Model Code or follow lawful
directions and instructions of the Commission:- Notwithstanding anything
in this Order, if the Commission is satisfied on information in its possession, that a
142
political party, registered under the provisions of this order, has failed or has
refused or is refusing or has shown or is showing defiance by its conduct or
otherwise (a) to observe the provisions of the Model Code of Conduct for Local
Body Elections, as amended from time to time, (b) to abide by the provisions of
this Order, or (c) to follow or carry out the lawful directions and instructions of
the Commission, given from time to time, with a view to furthering the conduct of
free, fair and peaceful elections or safeguarding the interests of the general public
and electorate in particular, the Commission may, after taking into account all the
available facts and circumstances of the case and after giving the party a
reasonable opportunity of showing cause in relation to the action proposed to be
taken against it, either suspend for a period of six years, subject to such terms as
the Commission may deem appropriate, or permanently withdraw the registration
of such party.
10. Notification containing lists of political parties and symbols:- The
Commission shall, by one or more notifications in the Telangana Gazette, publish
lists of recognised political parties and registered political parties along with the
symbols reserved for each of them and also the list of free symbols for each
office.
11. Powers of Commission to issue instructions:- The Commission, may
issue instructions and directions -
(a) for the clarification of any of the provisions of this Order;
(b) for the removal of any difficulty which may arise in relation to the
implementation of any such provisions; and
(c) in relation to any matter with respect to the reservation and
allotment of symbols and registration of political parties, for which
this Order makes no provision or makes insufficient provision, and
provision is in the opinion of the Commission necessary for the
smooth and orderly conduct of elections.
12. Power of the Commission to issue instructions to registered
political parties without reserved symbol:- The Commission
may issue instructions for the benefit of registered political parties
without a reserved symbol such instructions as it may feel necessary
for expeditious reservation of a reserved symbol if they fulfil the
conditions specified in sub-paragraph (b) of paragraph 5A.

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13. Transitional Provision: The Recognised National Political Parties,
Recognised State Parties in the State of Telangana, Recognised
State Parties in other States and Registered Political Parties existing
at the commencement of this Order, having been registered under
the Registration of Political Parties and Allotment of Symbols Order,
2001 shall be deemed to have been registered under this Order and
shall continue as such subject to provisions of this Order.

SD/- V. NAGI REDDY

STATE ELECTION COMMISSIONER
TELANGANA

//Attested//

Joint Secretary

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 ANNEXURE - I

PROFORMA OF APPLICATION FOR REGISTRATION AS A

POLITICAL PARTY AS PER THE PROVISIONS OF SYMBOL
ORDER ISSUED BY TELANGANA STATE ELECTION COMMISSION.

To
The Secretary,
Telangana State Election Commission,
1st Floor, DTCP Building,
Opp: PTI Building, A.C. Guards,
Hyderabad – 500 004.

Sir,

It is requested that ______________________________ (name of the

party) may be registered as a political party under the Registration of Political
Parties and Allotment of Symbols Order, 2018. The particulars and documents
required to be produced are furnished as under:-

1. Particulars required

a) The Name of the Association or Body :

b) Location of its head office. :

c) The address to which letters and other :

communications meant for it should be
sent.

d) The names of its President, Secretary :

Treasurer and other office-bearers

e) The numerical strength of its members, :

and if there are categories of its members,
the numerical strength in each category.

f) Whether it has any local units; if yes, :

at what levels.

145
g) Whether it has already registered :
itself as a political party with the
Election Commission of India, and if so,
Whether it is recognized as a National Party
or a State Party

h) Whether it is represented by any member :

or members in either House of
Parliament or of any State Legislature;
if so, the number of such member or members.

i) Whether it is represented by any office- :

bearers or members in any of the local
bodies in the State; if so, their number
and particulars relating to the office they
are holding and the local body concerned.

j) Date of formation of the Association :

or Body (both in figures and words).
k) Particulars of Bank Accounts in the name :
of the party and PAN number.

2. Demand Draft No. & date, :

Bank, Branch

3. Duly completed CHECK LIST along with requisite documents prescribed

therein is enclosed herewith.

Yours faithfully,

Date: General
Secretary/Chairman/
President of the Party
(Office Seal)

146
 ANNEXURE- II
CHECK LIST TO BE FILED AND ATTACHED WITH APPLICATION FOR
REGISTRATION OF POLITICAL PARTY
(The application should contain the following particulars/documents. Applicant must
indicate against each of the items in CHECKLIST whether the item has been complied
with or not. None of the items should be left. Application with incomplete
CHECKLIST will be summarily rejected)
Name of the Party:
Sl Symbol Item Applicant Referenc
. Order Remarks e page
N Provision No.
o in Para
No.
1 3(3)(a) Has the Name of the applicant Party/ Yes/No
Organisation been given clearly? The name
should be clearly different from the name of
existing parties. Also, no part of the name
should have any religious, communal or caste
connotation
2 Has the date of formation of the party been Yes/No
indicated both in figures and words?
(Documents/evidence relating to formation of
the party should be furnished.)
3 3(4)(a)(i Has the Demand Draft of Rs.10,000/- on Yes/No
) account of processing fee been enclosed
with the application? (The Demand Draft
should be in favour of the Secretary, State
Election Commission, Telangana.
Applications received without the processing
fee along with the application will not be
taken up for scrutiny.)
4 Have the following particulars as per para 3 in Yes/No
Part – II of the Symbols Order, 2018, been
provided in the application?
3(3)(a) the Name of the association or body; Yes/No
3(3)(b) the State in which its head office is Yes/No
situated;
3(3)(c) the address to which letters and other Yes/No
communications meant for it should be sent ;
3(3)(d) the names of its President, Secretary, Yes/No
Treasurer and other office-bearers;
3(3)(e) the numerical strength of its members, and if Yes/No
there are categories of its member, the
numerical strength in each category ;
3(3)(f) whether it has any local units; is so, at what Yes/No
147
 levels;
3(3)(g) Whether it is represented by any member or Yes/No
members in any of the local bodies in the
State; if so, their numbers and Particulars
relating to the office they are holding and the
local body concerned.
3(3)(h) whether it is represented by any member or Yes/No
members in either House of Parliament or of
any State Legislature; if so, the number of
such member or members;
3(3)(i) Whether it has already registered itself as a Yes/No
and (b) Political Party with the Election Commission of
India, and if so, is a documentary evidence of
its registration with the ECI, Symbol
particulars and certified copies of the Party
Constitution enclosed?
(a) whether it is recognized as a National
party or a State Party in other States
(b) Whether it is applied by the same
authority (President/General Secretary)
of the Party registered with the ECI.
5 Has the Chief Executive of the party at the Yes/No
Central level signed the application and the
party constitution?
6 3(4)(a) Has the affidavit by President/General Yes/No
(vi) Secretary of the organization (in Annexure-
V), duly sworn before a 1st Class
Magistrate/Oath Commissioner been
submitted?
7 Has the total number of Members of the party Yes/No
been indicated (both in figures and words)?
8 3(4)(a) Have self attested extract copy of the latest Yes/No
(v) Electoral Rolls in respect of at least 25
members (including office bearers /
members/ Executive Committee) been
furnished?
9 3(4)(a) Have individual affidavits (in Annexure-VI) Yes/No
(vii) on stamp paper of at least Rs. 10/-
denomination and duly sworn before a 1st
Class Magistrate/Oath Commissioner /Notary
Public from the aforesaid 25 members of the
organization been furnished?
10 3(4)(a) Has a list of office bearers and members been Yes/No
(ix) furnished and the self attested copies of
electoral rolls and individual affidavits

148
 enclosed as per the sequence of the list.
11 3(4)(a) Has a copy of the party constitution with all Yes/No
(xiv) details and provisions regarding the
administrative set-up and functioning of the
party on democratic basis been enclosed with
application? Especially check the following:-
(i) Whether the constitution has been
adopted by General Body and some
authenticated documentary proof enclosed?
12 Whether the constitution provides for-
3(4)(a) (a) Periodic regular election to all offices & Yes/No
(iii) office bearers
3(4)(a) (b) Declares democracy, socialism & Yes/No
(ii) secularism as its basic tenets.
3(4)(a) (c) Declares that party will not, in any Yes/No
(xvi) manner, promote or instigate or participate in
violence;
3(4)(a) (d) Declares that party will hold periodic Yes/No
(xvii) (period to be specified in constitution but at
least once in 4 years) elections to all
positions of office bearers and organs of
the party;
3(4)(a) (e) Declares that party must contest an Yes/No
(xix) election conducted by the State Election
Commission within five years of its
registration and thereafter should continue to
contest. (if the party does not contest
elections continuously for six years, the party
shall be liable for deregistration);
3(4)(a) (f) Declares that party will submit a copy of Yes/No
(xv) the annual audited accounts and a copy of
Income Tax returns filed under the law of the
Party to the State Election Commission within
a period of 6 months after the end of each
financial year.
3(4)(a) (g) Contains a specific provision of “true faith Yes/No
(ii) and allegiance to the Constitution of India and
to the principles of socialism, secularism and
democracy and would uphold sovereignty,
unity and integrity of India”.
13 3(4)(a) Has the Chief Executive of the party Yes/No
(ii) authenticated the party constitution on each
page with his full signature and the seal of
the party affixed thereon? In case of
Recognised National Political Party, it shall be

149
 authenticated by both National level and State
level Secretary/President/Chairman of the
Party. In case of Recognised State Party in
other States, it shall be authenticated by
Secretary/President/Chairman of the Party
where it is recognised and also
Secretary/President/Chairman of this State.
14 Have the names of all main organs Yes/No
(committees, councils, etc. of the party) and
all office bearers of the said organs been
furnished.
15 3(4)(a) Has the procedure for merger and dissolution Yes/No
(iv) of the party been provided in the
constitution? (Such important decisions
should be taken with consultation at all
levels of the party. The provisions should be
clear in this regard.)
16 3(4)(a) Does the party constitution have a specific Yes/No
(iv) clause that any amendment to the
&(xviii) Constitution must be approved by the General
Body of the party
17 3(4)(a) Has the procedure of disciplinary action Yes/No
(iv) against the erring members been given in the
constitution?
18 3(4)(a) Have the particulars of Bank Account and Yes/No
(viii) PAN, if any, in the name of the party been
supplied?
19 3(4)(a) Have the separate affidavits (in Annexure- Yes/No
(x) VII) from the office bearers of the main
organs of the applicant party in respect of
their assets and liabilities, been furnished?
20 3(4)(a) Have the office bearers of the applicant party Yes/No
(xi) furnished a copy of the Income Tax Returns
filed for the last three years, if they are
Income Tax payers.
21 3(4)(a) If they are not Income Tax payee, has he/she Yes/No
(xi) furnished certified details of his/her monthly
income along with source of income.
22 3(4)(a) Have the details of PAN Card in respect of Yes/No
(xii) office bearers of the party been furnished?
23 3(4)(a) Have the affidavits (in Annexure-VIII) from Yes/No
(xiii) the office bearers of the main organs of the
party showing information about their criminal
antecedents been furnished in affidavit form?

150
24 3(5) Is the application accompanied by a Yes/No
declaration (in Annexure-IV) to the effect
that the applicant has read and understood
the provisions of the Symbols Order and that
the Political Party sought to be registered by
him shall abide by the provisions of the
Symbols Order.

ANNEXURE – III
Structure and Components of the Party Constitution

Party Constitution drawn on following lines:

Article I: Name of the Party
(Should not contain religion or caste and should not be similar to that
of another party registered with the TSEC or with the ECI or its
translation)

Article II: Objectives of the Party

(Should be in consonance with the Constitution of India)

Article III: Membership of the Party

(Open to all adult Indian citizens)

Article IV: Organs of the Party (Organizational Structure)

Powers and Functions of each of these organs

(Decision making power should reflect democratic spirit – no veto
power)

Method of appointment (and terms) of members to each of these

organs.
(Not more than 1/3rd members can be nominated; Tenure should be
fixed not exceeding 4 years; Periodic elections atleast once in 4 years)

Article V: Office- bearers of the Party

Powers and Functions of each of these office- bearers

(Decision making power should reflect democratic spirit – no veto
151
 power)

Method of appointment (and terms) of members to each of these

office- bearers
(Should be elected. Not more than 1/3rd can be nominated; Fixed
tenure not exceeding 4 years for everyone; Periodic elections atleast
once in 4 years)

Article VI: Rules of Dispute Resolution & Discipline

Article VII: Basics of Rules of Conduct of Business

Decision making process; Meetings – quorum, notice and decision
making etc.;
(Details can be annexed separately)

Article VIII: Party Funds & Accounts

Party funds to be utilized for political activities; Accounts to be
maintained on accrual system; To be annually audited; Audited annual
accounts to be submitted to the SEC within six months of the end of
the financial year.
(Details can be annexed separately)
Article IX: Party Constitution’s Amendment Procedure

Article X: Merger, Split and Dissolution Procedure

Article XI: Mandatory Provision under sub-clause (ii) of clause (a) of sub-
paragraph (4)(a) of paragraph 3 in Part - II of the Symbol Order that
the party shall bear true faith and allegiance to the Constitution of India
as by law established and to the principles or socialism, secularism and
democracy and would uphold the sovereignty, unity and integrity of
India.

152
 ANNEXURE – IV

DECLARATION

I, Sri/Smt/Kum______________________________, President/General
Secretary/Chairman of ______________________________ (Name of the
Party) do hereby declare that, I have read and understood the provisions of
the Registration of Political Parties and Allotment of Symbols Order, 2018 and
_____________________________________(Name of the Party) shall abide by
the provisions of the Order.
General Secretary/Chairman/
President of the Party

153
 ANNEXURE -V

Specimen of Affidavit to be signed by the President or General Secretary

of the party to be sworn before a 1st Class Magistrate/Oath
Commissioner/Notary Public.
I ___________________ (Deponent) Son/Daughter of Sri _______________
______________ resident of _________________________________________ do
hereby solemnly affirm and state as follows:-
1. that I am President/General Secretary of the _________________________
_____________________ (Please mention the Name of the applicant party).
2. that no member of the party is a member of any other political party
registered with the Commission or whose application for registration with the
Commission is pending disposal.
3. that no proclaimed absconder is a member of the party.
4. that all the members who have appended their own signature/thumb
impression before the Notary who attested the affidavit been submitted.
5. I declare that the above facts are true and correct to the best of my
knowledge and belief.

(Deponent)

154
 ANNEXURE -VI
Specimen of Individual Affidavit in respect of at least 25 members
(including all office bearers) of the party to be sworn before a 1st Class
Magistrate/Oath Commissioner/Notary Public.

I ___________________ (Deponent) Son/Daughter of Sri _______________

______________ resident of _________________________________________ do
hereby solemnly affirm and state as follows:-
1. that I am a member of the________________________________ (Please
mention the Name of the applicant party).
2. that I am a registered elector in ____________________________ Assembly
Constituency (Please give the Sl. No. and Name of the Assembly
Constituency)
3. that I am not a member of any other political party registered with the
Commission or whose application for registration with the Commission is
pending disposal.
4. I declare that the above facts are true and correct to the best of my
knowledge and belief.

(Deponent)

155
 ANNEXURE-VII
Affidavit to be furnished by the office bearers (President, Vice- President,
General Secretary, Treasurer) of the applicant party regarding assets and
liabilities to be sworn before a 1st Class Magistrate/Oath
Commissioner/Notary Public.
I, ________________________________, son/daughter/wife of
_________________ aged ___________years, resident of _______________,
holding the office of _______________________(mention the name of office) of the
(mention the name of the political party), do hereby solemnly affirm and state
on oath as under:- (Strike out whichever not applicable)
(2) That the details of the assets (immovable, movable, bank balance, etc.) of
myself, my spouse and dependents* are given below:- ________________
A. Details of movable assets. (Value)
(Assets in joint name indicating the extent of joint ownership will also have to be
given)
S. Description Self Spouse(s Dependent- Dependent Dependent-3,
No ) 1 Name: -2 Name: Etc.
. Name(s) Name:
:
(i) Cash
(ii) Deposits in
Banks, Financial
Institutions and
Non-Banking
Financial
Companies

(iii) Bonds,
Debentures and
Shares in
companies

(iv) Other Financial

instruments
NSS, Postal
Savings, LIC,
Policies, etc.

(v) Motor Vehicles

(details of make,
etc.)

156
 (vi) Jewellery (give
details of weight
and value)

(vii) Other assets,

such as values
of claims /
interests

Note : Value of Bonds / Shares / Debentures as per the latest market value in
Stock Exchange in respect of listed companies and as per books in the case of non
listed companies should be given.
*Dependent here means a person substantially dependents on the income of the
candidate.
B. Details of Immovable assets
[Note: Properties in joint ownership indicating the extent of joint
ownership will also have to be indicated]
S. Description Self Spouse(s) Dependent- Dependent- Dependent-
No. Name(s): 1 Name: 2 Name: 3, Etc.
Name:
(i) Agricultural Land
- Location(s)
- Survey number(s)
-Extent (Total
measurement)
- current market value

(ii) Non-Agricultural Land

- Location(s)
- Survey number(s)
- Extent (Total
measurement) - current
market value

(iii) Buildings (commercial

and residential)
- Location(s)
- Survey / door number(s)
- Extent (Total
measurement) - current
market value

(iv) Houses / Apartments,

etc.
- Location(s)
- Survey / door number(s)
- Extent (Total
157
 measurement) - current
market value

(v) Others
(such as interest in
property)

3) I give herein below the details of my liabilities / over dues to public financial
institutions and government dues :-

[Note : Please give separate details for each item]

S. Description Name and Amount
No. address of outstanding as on
Bank / ……………….
Financial
Institution(s)
/ Department
(s)
(a) Loans from Banks
(i)

(ii) Loans from financial institutions

Government dues:-

(iii) (a) dues to departments dealing

with government accommodation

(b) dues to departments dealing

with supply of water

(c) dues to departments dealing

with supply of electricity

(d) dues to departments dealing

with telephones

158
(e) dues to departments
dealing with government
transport (including aircrafts and
helicopters)

(f) other dues, if any

159
 S. Description Name and Amount
No. address of outstanding as on
Bank / ……………….
Financial
Institution(s)
/
Department(s
)
(b) PAN number
(i)
(ii) Income Tax Return for last
assessment year

(iii) Wealth Tax Return for last

assessment year

(iv) Sales Tax Return for last

financial year [Only in case of
proprietary business]

(v) Property Tax for last financial

year

DEPONENT
VERIFICATION
I, the deponent above named, do hereby verify and declare that the contents
of this affidavit are true and correct to the best of my knowledge and belief; no part
of it is false and nothing material has been concealed therefrom.
Verified at this the day of , 20 .

DEPONENT
............................................................................................................................

160
 ANNEXURE-VIII
Affidavit to be furnished by the office bearers (President, Vice-
President, General Secretary, Treasurer) of the applicant party regarding
criminal background to be sworn before a 1st Class Magistrate/Oath
Commissioner/Notary Public.
I, ………………………………………, son/daughter/wife of………………………………
aged ………….. years, resident of…………………………………………………………, holding
the office of …………………………………….(mention the name of office) of the
……………………………………………. (mention the name of the political party), do
hereby solemnly affirm and state on oath as under:- (Strike out whichever not
applicable)
(1) I have not been convicted by any court of law for any offence
OR
I have been convicted in the following cases as per details below:-
(i) Case/First information report No./Nos. ………………………………….
(ii) Court(s) which passed the order of conviction……………………………
(iii) Police station(s) ………………District (s) … ………State(s)…………..
(iv) Section(s) of the concerned Act(s) and short description of the
offence(s) for which the candidate has ever been charged
………………………..
(v) Date(s) on which the sentence (s) was/were pronounced …………………
(vi) Whether the sentence(s) has/have been stayed by any court(s) of
competent jurisdiction …………………………………………………

(2) No case is pending against me before any court of law:-

OR
The following case(s) is/are pending against me in which cognizance has been
taken by the court, as per details below:-
(i) Section of the Act and description of the offence for which
cognizance taken :
(ii) The Court which has taken cognizance :
(iii) Case No. :
(iv) Date of order of the Court taking cognizance :
(v) Details of appeal(s) / application(s) for revision, etc., if any, filed
against above order taking cognizance :

DEPONENT
VERIFICATION

I, the deponent above named, do hereby verify and declare that the contents

of this affidavit are true and correct to the best of my knowledge and belief; no part

161
of it is false and nothing material has been concealed there from.

Verified at this the…………. day of …………., 200…..

DEPONENT

162
 ANNEXURE – IX
Notice to be published in daily news papers of the State for
registration of Recognised National / Recognised State Party in the
State of Telangana /Recognised State Party in other States by ECI
with the Telangana State Election Commission and calling for
objections from the general public.
NOTICE FOR REGISTRATION OF POLITICAL PARTY WITH TSEC
(Published as per the directions of Telangana State Election Commission)
Dated: . .20__

Notice is hereby given to the general public that Sri/Smt/Kum

________________, President/General Secretary intends to register a political party
under the name and style of _______________(Name of the Party) which is a
recognised National / Recognised State Party in the State of Telangana
/Recognised State Party in other States of ________________ by ECI, with
reserved Symbol of ___________________, (Name of the Symbol) in those States
and to reserve to that Party the same Symbol of ____________________, (Name
of the Symbol) under the Registration of Political parties and Allotment of Symbols
Order, 2018. The main office bearers of the Party are 1).Sri/Smt/Kum _______;
2).Sri/Smt/Kum _______; 3).Sri/Smt/Kum _______. Objections, if any, for such
registration from the general public, shall be sent to the Secretary, State Election
Commission, Telangana, 1st Floor, DTCP Building, Opp: PTI Building, A.C. Guards,
Hyderabad – 500 004 within 15 days from the date of publication of this notice. If no
objections are received within the time stipulated, the Commission will process to
register _______________ (Name of the Party) as a Political Party and allot the
Symbol _________________, (Name of the Symbol) to it to contest in elections to
Local Bodies (Sthanika Samsthalu) held on party basis in Telangana State.

President/General Secretary
___________(Name of the Party)
Note:
The Notice shall be published in not less than the size of 8cm × 6cm and
the heading in not less than 1cm height with bold letters.

163
 ANNEXURE – X

Notice to be published in daily news papers of the State for

registration of the Political Party without reserved symbol with the
Telangana State Election Commission and calling for objections from
the general public.

NOTICE FOR REGISTRATION OF NEW POLITICAL PARTY

(Published as per the directions of Telangana State Election Commission)

Dated: . .20__

Notice is hereby given to the general public that

Sri/Smt/Kum____________________, President/General Secretary intends to
register a political party without reserved symbol with the State Election Commission,
Telangana, under the name and style of ___________________ (Name of the
Party) under the Registration of Political parties and Allotment of Symbols Order,
2018. The main office bearers of the Party are 1).Sri/Smt/Kum __________;
2).Sri/Smt/Kum ___________; 3).Sri/Smt/Kum ___________. Objections, if any, for
such registration from the general public, shall be sent to the Secretary, State
Election Commission, Telangana, 1st Floor, DTCP Building, Opp: PTI Building, A.C.
Guards, Hyderabad – 500 004 within 15 days from the date of publication of this
notice. If no objections are received within the time stipulated, the Commission will
process to register _________________________ (Name of the Party) as a
Political Party to contest elections to Local Bodies (Sthanika Samsthalu) held on party
basis in Telangana State.

President/General Secretary
___________(Name of the Party)
Note:
The Notice shall be published in not less than the size of 8cm × 6cm and
the heading in not less than 1cm height with bold letters.

164
 ANNEXURE - XI

Notice to be published in daily news papers of the Telangana State

for the proposed change of name of the Party and calling for
objections from the general public.

NOTICE

Dated: . .20__

Notice is, hereby, given to the general public that

Sri/Smt/Kum______________________________, President/General Secretary
proposed to change the name of the _____________________ (Name of the
Party) which is a Recognised National Political Party/Recognised State Party in the
State of Telangana/Recognised State Party in other States/Registered Political Party
without reserved symbol with the Telangana State Election Commission as
______________________________ (proposed new name of the Party) under
the Registration of Political parties and Allotment of Symbols Order, 2018.
Objections, if any, for such change of name of the Party shall be sent to the
Secretary, State Election Commission, Telangana, 1st Floor, DTCP Building, Opp: PTI
Building, A.C. Guards, Hyderabad – 500 004 within 15 days from the date of
publication of this notice. If no objections are received within the time stipulated, the
request for change of name of the said party will be processed as per the said
Symbols Order.

President/General Secretary

165
 ANNEXURE - XII

Status on internal elections in the Party (as per their byelaws)

(To be submitted by each Political Party with yearly audited accounts)

Duration as Date(s) Due date Remarks

Sl.
Body per Party’s of last of next
No.
constitution election election
1 2 3 4 5 6
1
State level body
2 District level bodies
3 Mandal level bodies
Municipal / Panchayat
4
level bodies

Signature of the
President/Secretary of
_______________ Party

166
 ANNEXURE - XIII

Contest record of the Party during the year

(To be submitted by each Political Party with yearly audited accounts)

Names of the
Date of No. of
Sl. Institution constituencies where in Remarks
SEC seats
No. and post contestants were
Notification contested
fielded
1 2 3 4 5 6

Signature of the

President/Secretary of

_______________ Party

167
 ANNEXURE – 21

FORM – A

Intimation by Political Party about the person authorised to issue notice

in Form - B to the candidates in respect of Elections to Municipality/
Municipal Corporation

From To
The State President/State General Secretary 1) The Collector and District
Election
Authority
…………………………… ……………………………. District
(Name of Recognised/Registered political 2) The Returning Officer
party with or without reserved symbol)
………………………….Ward,
……………………Municipal
Corporation

No. Date:

Sub:- Elections to the office of Ward Member of ……………………….

Municipal Corporation ...............................................district
– Allotment of Symbols – Intimation about Person(s) authorized to
issue notice in Form-B – Reg.
Ref:- TSEC Election Notification No._ _
Dated .
Sir/Madam,

I hereby communicate that, the following person (s) has / have been
authorized by the _party, which is a National
Party / State Party / Registered Political Party with or without reserved symbol to
issue notice in Form-B to the candidates proposed to be set up by the Party in the
elections mentioned above.

Name of the Position or designation District (s) / area (s) /

persons in the party ward (s) in Municipal
authorized to Corporation in respect of
issue notice in which he / she has been
Form-B authorized

1
168
 2

The specimen signatures of the above authorised persons are given below :

1. Specimen signatures of Shri /Smt / Kum.………………………………………

(a)…………………………… (b) ………………………. (c)………………………..

2. Specimen signatures of Shri / Smt / Kum………………………………………

(a)…………………………… (b) ………………………. (c)………………………..

3. Specimen signatures of Shri /Smt / Kum………………………………………

(a)…………………………… (b) ………………………. (c)………………………..

Yours faithfully,
Place
:
Date (President/General Secretary)
: Seal of the Party

Note:

1. The signed Form-A by the President or the General Secretary of any

recognized and registered Political Party with the State Election Commission
shall be delivered to the Election Authority & Commissioner on or
before 5.00 PM on the last day of filing of Nomination.
2. On receipt of notice in Form –A about the names and specimen signatures
of the party functionaries authorized to issue Form-B, the Election
Authority and Commissioner, DMA shall make Xerox copies of these
forms and send them to all the Returning Officer of Municipal
Corporations before 3.00 PM on the last date of withdrawal.
3. The Form –A can also be delivered to the Election Officer/Returning Officer
concerned on or before 5.00 PM on the last day of filing of Nomination .

169
 ANNEXURE – 22

FORM - B

NOTICE AS TO NAME OF CANDIDATE SET UP BY THE POLITICAL PARTY

To
The Election Officer/Returning Officer,
Ward,
Municipality/Municipal Corporation.

Sir,

Sub: Elections to the office of Ward Member of………………………..

Municipal Corporation………………………………...……………….
……………….. District – Setting up of candidate(s).

***

I hereby give notice on behalf of

(party) that,

(i) the person whose particulars are furnished in columns (2) to (4) below
is the approved candidate of the party above named, and

(ii) The person whose particulars are mentioned in columns (5) to (7)
below is the substitute candidate of the party, who will step-in on the
approved candidate’s nomination being rejected on scrutiny or on his
withdrawing from the contest, if the substitute candidate is still a
contesting candidate, at the ensuing Election to the Ward of Ward
Number of Municipality/ Municipal Corporation:

170
 Name Name Father’s Postal Name of the Substitute Father’ Postal
and of / s/
Number the Mother’ address candidate who will step- Mother addres
of s/ of in ’s/ s
the approv Husban approve on the approved Husban of
Ward ed d’s d candidate’s d’s
candid name of candida nomination being name substit
ate te rejected on of ute
approve scrutiny, the candid
d ate
candida or substit
te ute
on his (approved candid
candidate) ate
withdrawing from the
contest
if, however, the
substitute
candidate is still a
contesting
candidate
1 2 3 4 5 6 7

*2. The notice in Form ‘B’ given earlier in favour of Sri/Smt ............. as
party’s approved candidate Sri/Smt .................................. as Party’s substitute
candidate is hereby rescinded.

3. It is certified that, each of the candidates whose name is mentioned above

is a member of this political party and his name is duly borne on the rolls of
members of this party.

Yours faithfully,

(Name and Signature of the Authorised person of the

Party)

(Seal of the Party)

Place: ..........................
Date: ............................

*Score off, if not applicable.

171
N ote:

1. The Form –B must be delivered to the Returning Officer not later than
3.00 PM on the last date for withdrawal of candidature.
2. Form-B must be signed in ink by t he office bearer(s) mentioned above. No
facsimile signature or signature by means of rubber stamp etc., of any office
bearer shall be accepted.
3. No form transmitted by fax shall be accepted.
4. Para 2 of the Form-B must be scored off, if not applicable, or must be
properly filed, if applicable.
5. If the Party President/General Secretary is issuing the Form-B directly to the
Returning Officer concerned in such case there is no need of issue of From-A
separately.

172
 ANNEXURE – 23

FORM – XII
[See rule 10]

APPOINTMENT OF ELECTION AGENT

Election to the Office of the Member of the Municipal Corporation of

………… from …………………..Ward.

To
The Returning Officer,
…………………. Ward.

I Sri/Smt/Kum………………………. a candidate at the above election

do hereby appoint Sri/Smt/Kum ……………………………. S/o ………………………..
as my Election Agent from this day at the above election.

Signature of
Candidate.

Place …………….. Date ……………..

I accept the above appointment.

Signature of Election
Agent
Place ……… Date ……….

173
 ANNEXURE - 24
FORM – XIV
[See rule 12]

APPOINTMENT OF POLLING AGENT

Election to the Office of the Member of the Municipal Corporation of …………...

from ……………………. Ward.

I Sri /Smt./Kum ………………………….. a candidate / the election agent of

Sri/Smt/Kum………………………………… who is a candidate at the above election do
hereby appoint Sri/Smt./Kum ……………………….. as a polling agent to attend
polling station No. ……………….. at ………………. place fixed for the poll
………………… on

Signature of Candidate / Election Agent.

Place ………………….
Date ……………..........

I agree to act as such polling

agent.

Signature of Polling Agen

Place……………
Date……………
Declaration of Polling Agent to be signed before the Presiding
Officer
I hereby declare that I will not at this election for the Office of Member
to the Municipal Corporation of ………………….. from …………………. Ward do
anything forbidden by Section 602 of the Hyderabad Municipal Corporation
Act, 1955 which I have read/ has been read over to me.

Signature of Polling
Agent
Date ………………. Signed before me

Presiding Officer
Note: The appointment order shall be made in duplicate and one copy
thereof shall be handed over to the polling agent for production at the
polling station and the other copy to be sent to the Returning Officer.

174
 ANNEXURE – 25
FORM – XV
[See rule 13]

APPOINTMENT OF COUNTING AGENT

Election to the Office of Member of the Municipal Corporation of …………….. from
……………………. Ward.
To
The Returning Officer,
…………… Ward.

I Sri/ Smt./Kum ……………………….…… a candidate / the election agent

of Sri/Smt/Kum…………………………………. who is a candidate at the above
election do hereby appoint the following person as my counting agent to
attend the counting of votes at ……………….
----------------------------------------------------------------------------------------------
Name of Counting Agent Address of Counting Agent
---------------------------------------------------------------------------------------------
1.
2.
3.
Signature of Candidate /
We agree to act as such Counting Election Agent
Agents.
1.
2.
3.
Date: Signature of Counting
Agent
----------------------------------------------------------------------------------------------
Declaration of counting agents (to be signed before the
Returning Officer)
We hereby declare that we will not at this election to the Office of
the Member of the Municipal Corporation of ………………….. from ………………..
Ward do anything forbidden by section 602 of the Hyderabad Municipal
Corporation Act, 1955 which we have read/has been read over, by us.
1.
2.
3.
Signature of Counting
Agent.
Date …………………. Signed before me.
Returning Officer.
175
 ANNEXURE – 26

MODEL CODE OF CONDUCT FOR LOCAL BODY ELECTIONS

Under Articles 243-K and 243 ZA of the Constitution of India and all other
powers hereunto enabling, the State Election Commission, hereby, issues the following
code of conduct to be followed in order to ensure free, fair and peaceful elections to
Gram Panchayats, Mandal Praja Parishads, Zilla Praja Parishads, Municipalities and
Municipal Corporations in the state of Telangana.

Applicability and area of enforcement:

1. (a) The Code shall be known as the Code of Conduct for local body elections.
(b) It shall apply to political parties, contesting candidates, Ministers,
employees of the State Government and local bodies and other public servants
connected with local body elections.
2. This Code shall come into force from the time of announcement of Election
Programme by the State Election Commission and shall remain in force till
the completion of the election process.
3. The words and expression used in this Code shall have the same meaning as
assigned to them under Telangana Panchayat Raj Act, 2018,
Telangana Municipalities Act, 1965 and Greater Hyderabad Municipal
Corporation Act, 1955, and the rules framed thereunder.
3(A) When ordinary elections are notified either for the Rural Local Bodies or for the
Urban Local Bodies located in the entire State, the Model Code of Conduct is
applicable to the respective areas in the entire State.
3 (B) When elections are notified to a limited number of casual or ordinary vacancies
in the Local Bodies, otherwise than State-wide ordinary elections, the area of
applicability or enforcement of Model Code of Conduct shall be as follows:-
ZPTC Member: When election is notified to a ZPTC, the Model Code of
Conduct shall be applicable for the entire area of the Revenue Division in
which the ZPTC is located.
MPTC Member: When election is notified for an MPTC, the Model Code of
Conduct shall be applicable for the entire area of the Mandal Praja
Parishad in which the MPTC is located.
Sarpanch or Ward Member(s) of a Gram Panchayat or for both: When
the election is notified for the office of Sarpanch or Ward Member(s) of a Gram
Panchayat or for both, the Model Code of Conduct shall be applicable for the
entire area of that Gram Panchayat.
Member of a Municipality: When election is notified to the office of Member
of a Municipality, the Model Code of Conduct shall be applicable for the entire
area of that Municipality.
Member of a Municipal Corporation: When election is notified to the office
of Member of a Municipal Corporation, the Model Code of Conduct shall be
applicable for the entire area of that Municipal Corporation.

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I. General Conduct
1. No party or candidate shall indulge in any activity which may aggravate existing
differences or create mutual hatred or cause tension between different castes
and communities, religions or languages.
2. There shall be no appeal to Religion, Communal or Caste feelings for securing
votes.
3. Places of worship such as Temples, Mosques, Churches, etc., shall not be used
as forum for election propaganda.
4. No criticism of any aspect of candidates private life which is not connected with
his public life shall be made nor any allegation be made which are based on
unverified facts or incidents.
5. Criticism of a political party, when made, shall be confined to its policies and
programmes, past record and works and shall not be based on unverified
allegations.
6. Organising demonstration or picketings before the houses of individuals by way
of protesting against their opinion or activity shall not be resorted to under any
circumstances.
7. No party or candidate shall permit their followers for using any private property
/ public property for erecting flag staffs, pasting notices, posters or slogans
etc., or suspending banners without written permission from the owner /
competent authority of the property concerned. Further, a copy of such written
permission shall forthwith be sent to the Returning Officer / Election Officer /
District Election Authority.
8. No candidate or his workers shall remove or deface the flag erected or posters
pasted by another candidate or political party.
9. All parties and candidates shall scrupulously avoid all activities which are
corrupt practices and offences under the Election Law such as:
(i) To appeal for vote or not to vote on the basis of religion, caste or
community and to use any religious symbol for soliciting votes.

(ii) To print or publish any poster, pamphlet, leaf-let, circular or

advertisement without mentioning the name and address of the printer
and the publisher.
(iii) To publish a statement or news item which is false or not believed to be
true with respect to a candidate’s personal conduct or character with a
view to adversely affect the prospect of his or her election.
(iv) To obstruct or disturb any election meeting organised by another
political party or candidate.
(v) To take out processions or hold public meetings during the period of:-
(a) forty-eight hours ending with the hours fixed for the close of the poll
in the case of Municipal Corporations, Municipalities.
(b) Forty-eight hours prior to the hour fixed for the conclusion of poll in
the case of elections to Zilla Praja Parishads and Mandal Praja
Parishads.
(c) Forty-four hours prior to the hour fixed for the conclusion of poll in
the case of elections to Gram Panchayats.
(vi) To bribe or offer reward in any form to voters.

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 (vii) To canvas or to appeal for votes within hundred meters of a polling
station.
(viii) To use any conveyance or means of transport for the voters to or from
the polling station.
(ix) To behave in an unruly manner within or near about the polling station
or to obstruct a polling officer in the discharge of his duty.
(x) To impersonate a voter or attempt to cast vote under the false name of
voter.

10. The carrying of effigies purporting to represent members of other political

parties or their leaders, burning such effigies in public and such other forms of
demonstration shall not be countenanced by any political party or candidate.
II. Meetings
1. No party or candidate shall hold public meetings or processions without
obtaining necessary permission from the competent Local Authorities.
2. Use of loud speakers: No party or candidate shall use loudspeakers without
obtaining necessary permission from the Competent Authority and shall not use
the loud speaker for purposes other than transmitting speeches, live or
recorded. The loudspeakers shall not be used to transmit music or songs. The
use of loudspeakers, at public meetings and Road Shows shall be permitted
only between 6.00 a.m. to 10.00 p.m. In all other cases, the use of
loudspeakers shall be permitted only between 10.00 AM to 6.00 PM. The Police
are authorised to seize the offending equipment if anybody violates the same.
The political parties and candidates shall endeavour to see that no disturbance
is caused in the vicinity of hospitals due to electioneering to avoid
inconvenience to the patients.
3. While granting permission for organising an Election Meeting at a Public place, no
distinction should be made between the candidates or the political parties. In case
more than one candidate or party requests for holding meeting at the same place and
the same date and time, the permission should be granted to such candidate or party
who applies first.

III. Processions
1. A party or candidate organizing a procession shall decide before hand the time
and place of the starting of the procession, the route to be followed and the
time and place at which the procession will terminate. There shall ordinarily be
no deviation from the programme.
2. The organizers of the procession shall give advance intimation to the local
police authorities of the programme so as to enable the latter to make
necessary arrangements.
3. The organizers shall ascertain if any restrictive orders are in-force in the
localities through which the procession has to pass and shall comply with the
restrictions unless exempted specially by competent authority. Any traffic
regulations or restrictions shall also be carefully adhered to.
4. The organizers shall take steps in advance to arrange for passage of the
procession so that there is no block or hindrance to traffic. If the procession is
very long, it shall be organized in segments of suitable lengths, so that at
convenient intervals, especially at points where the procession has to pass road
junctions, the passage of held up traffic could be allowed by stages thus
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 avoiding heavy traffic congestion.
5. Processions shall be so regulated as to keep as much to the right of the road as
possible and the direction and advice of the police on duty shall be strictly
complied with.
6. If two or more political parties or candidates propose to take processions over
the same route or parts thereof at about the same time, the organizers shall
establish contact well in advance and decide upon the measures to be taken to
see that the processions do not clash or cause hindrance to traffic. The
assistance of the local police shall be availed of for arriving at a satisfactory
arrangement. For this purpose, the parties shall contact the police at the
earliest opportunity.
7 The political parties or candidates shall exercise control to the maximum extent
possible in the matter of processionists carrying article which may be put to
misuse by undesirable elements, especially in moments of excitement.
IV. Polling Day
1. On the polling day, all political parties and candidates shall :-
(a) Supply to their authorized workers suitable badges or Identity cards

(b) Refrain from serving or distributing liquor within the polling area during
the period of

(1). forty-eight hours prior to the hour fixed for conclusion of the poll
and also on the counting day in the case of elections to Zilla
Praja Parishads and Mandal Praja Parishads;
(2). forty-four hours prior to the hour fixed for conclusion of the poll
and also on the counting day in the case of elections to Gram
Panchayats; and
(3). forty-eight hours prior to the hour fixed for conclusion of the poll
and also on the counting day in the case of elections to
Municipal Corporations and Municipalities.

(c) Not allow unnecessary crowds to be collected near the camps set by
the political parties and candidates near the polling stations so as to
avoid confrontation and tension among workers and sympathizers of
the parties and candidates.

(d) Co-operate with the authorities in complying with the restrictions to be

imposed on the plying of vehicles on the polling day and obtained
permits for them which should be displayed prominently on those
vehicles.

2. The identity slips given to voters shall be on plain (white) papers and shall not
contain any symbol or name of the candidate. The name of the voter, his
father’s/husband’s name, ward number, polling booth number and the serial
number of the voter in the electoral roll shall only be written on the identity
slip.
3. Every candidate and the political party shall co-operate with the Officers on
Election Duty to ensure peaceful and orderly polling.
V. Polling Booth
Excepting the voters, no one without a valid pass from the State Election
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 Commission shall enter the polling booths.
VI. Observers
The State Election Commission is appointing Observers. If the candidates or
their agents have any specific complaint or problem regarding the conduct of
elections they may bring the same to the notice of the Observer.
VII. Expenditure
1. No contesting candidate shall incur the election expenditure in excess of the
expenditure fixed by the State Election Commission, by notification
2. The contesting candidate shall maintain day-to-day expenditure record in the
prescribed proforma which will be supplied to him free of cost on the date of
acceptance of his candidature.
3. Every contesting candidate shall, within 45 days of announcement of results, submit
the election expenditure account in the prescribed proforma to the Mandal Parishad
Development Officer.
VIII. Party in Power
1. A Public Servant shall remain absolutely impartial during the elections and he shall not
indulge in any campaigning activity for or against any contesting candidate or political
party.

2. A Public Servant shall not participate or accompany the Minister in any programme,
organised at an individual's house for which the Minister has accepted the invitation
during his election tour.

3. Public places such as maidans etc. for holding election meetings and use of helipads
for air flights in connection with elections shall not be monopolized by party in power.
Other parties and candidates shall be allowed to use such places and facilities on the
same terms and conditions on which they are used by the party in power.

4. Use of rest houses, circuit houses and other Government accommodation should be
permitted to all the candidates and the political parties on the same terms and
conditions on which it is permissible for party in power. However, no candidate or
party should be allowed to use such building or its campus for the purpose of election
propaganda.
5. No contesting candidate, who is in-charge of, or is in any manner connected with, the
management of an aided educational institution, or any other institution receiving aid
from the State or Central Government, shall, misuse the buildings, infrastructure, staff,
funds or vehicles belonging to such institution for furthering his/her electoral
prospects.

6. Ordinarily, all meetings organised during election should be treated as election

meetings and no Government money should be spent on them. No Government
servant should attend any such meeting except those who are incharge of
maintenance of law and order or those deployed for security duties.

(i) If a Minister undertakes a tour of any area of a District where elections are
taking place, such tour shall be deemed to be an election tour and no
Government servant, except those who are deployed for security purposes,
shall accompany the Minister. No Government vehicles or any other facility
shall be made available for such tour.

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 (ii) No vehicles belonging to Government or local bodies or public undertakings or
co-operative institutions or any other institutions receiving Government grants
shall be provided to any Minister, Member of the Parliament or the Legislative
Assembly or a candidate for canvassing in election in any manner from the
date of notification of election to the date of announcement of the results.

7. The Ministers shall not combine their official visit with electioneering work and shall
not make use of official machinery and personnel or other Government resources
including Government vehicle for furtherance of interests of any candidate.

8. From the time elections are announced by the Commission, Ministers and other
authorities –

(a) shall not sanction grants/payments out of State funds or discretionary

funds;
(b) shall not announce any financial grants or new schemes or projects in any
form or promises thereof;
(c) shall not sanction any new scheme or project or works.
(d) shall not lay foundation stones etc., of projects or schemes of any kind;

9. From the time the elections are announced by the State Election Commission Ministers
and other authorities shall not :-

(a) Make any ad-hoc appointments in Government, Public undertakings etc. which may
have the effect of influencing voters in favour of the party in power.
(b) Make any promise of laying of roads, provision of drinking water facilities etc.

10. In order to ensure maintenance of a level playing field and prevent undue
influence on the election process the following persons irrespective of whether
he/she is provided with security or not or anything else shall not be appointed
as Election/Polling/Counting Agent of a candidate during an election:
(i) Any sitting Minister of Union and State Government;
(ii) Sitting Member of Parliament;
(iii) Sitting Member of Legislative Assembly/Legislative Council;
(iv) Mayor of a Corporation, Chairperson of Municipality;
(v) Chairperson of Zilla Praja Parishad and President of Mandal Praja
Parishad, Sarpanch of a Gram Panchayat or any sitting Member of any
Mandal Praja Parishad or Zilla Praja Parishad;
(vi) Elected Chairperson of National/State/District co-operative Institution;
(vii) Political functionaries appointed as Chairpersons of Central PSUs/State
PSUs, Chairpersons of Government Bodies, Government
Pleader/Additional Government Pleader;
(viii) Any Government servant.
11. Issue of advertisement at the cost of public exchequer in the news paper and other

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 media during the election period for partisan coverage intended to furthering the
prospects of the party in power shall be scrupulously avoided.

IX. Model Code of Conduct in Elections to Indirectly Elected Offices of

Mandal Praja Parishads, Zilla Praja Parishads and Urban Local Bodies

Articles 243K and 243 ZA of the Constitution provide for setting up of State
Election Commission (SEC) for conduct of free and fair elections to local bodies.
The Chapter I of part V of the Telangana Panchayat Raj Act, 2018, the Chapter
II of Part II of Telangana Municipalities Act, 1965 and Chapter II of GHMC Act, 1955
make detailed provisions for ensuring free and fair elections to the local bodies.
Chapter II of Part V of TPR Act, 2018 enumerates various electoral offences. Similar
provisions are also made in Chapter III of part VI of Municipalities Act and in Chapters
II & XVII of GHMC Act. The Indian Penal Code also provides for strong protections
against electoral offences through Sections 171A, 171B & 171C.
Considering the letter and spirit of the Constitutional and statutory provisions
and also considering the ground realities, the State Election Commission has notified
the Model Code of Conduct with the object of providing level playing field to all the
candidates and political parties. However, the provisions of this MCOC address mostly
the concerns associated with the direct elections and it does not afford similar
protection against the malpractices encountered during the indirect elections.
During the past indirect elections, it was often noticed that various political
parties and other influential candidates organise “camps” by confining the elected
representatives for extended periods of time ostensibly to protect them from being
won over by the opponents. Camps typically involve housing in secret or unknown
locations usually in luxurious settings. Organisation of such camps involve incurring of
considerable expenditure and also employment of extra ordinary influence. Thus the
indirect elections tend to afford undue opportunities to be monopolised by the rich
and influential parties and persons. Party in power tends to enjoy additional
advantage because of its overt and covert influence over the Government machinery
for doling out explicit and implicit favours/ disfavours through various departments
and agencies.
Employment of all such illegal measures tend to distort healthy democratic
functioning besides breaching the trust reposed by the voters in their representatives.
It is not rare to see instances where newly elected representatives yield to such
measures by voting against the whips issued by their respective parties, thereby
foregoing their hard earned membership in the First meeting itself necessitating
conduct of casual elections at great cost to the public exchequer.
Hence, with a view to rein in the illegal practices of bribing, exertion of undue
influence etc., on the elected representatives, it is proposed to add a special section in
the MCOC with the following specific measures.
1. The MCOC for indirect elections shall commence from the date of declaration of
result of directly elected posts (Ordinary Elections) and shall extend till the
completion of indirect election of the concerned local bodies.
2. Bribery as defined in TPR Act and Indian Penal Code is not to be resorted by
any of the political parties, the elected members seeking offices such as
President, Vice-President, MPPs, Chairperson, Vice-Chairperson, ZPPs,
Chairperson/Vice-Chairperson, Municipalities, Mayor/Dy.Mayour of Municipal
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 Corporations either directly or indirectly.
3. Ban on exertion of undue influence on the elected representatives for voting
against the whips issued by their respective political parties during the indirect
elections. Neither the political parties, nor any of their candidates involved in
the indirect elections shall exert or attempt to exert any undue influence
against any of the electors while exercising their electoral rights.
4. No political party nor any of the contesting candidates shall offer any post to
the electors as an incentive for defying their party whip while exercising their
voting rights.
5. The party in power or any of the functionaries of Government should not
misuse or attempt to misuse their power covertly or overtly for extending
incentives or disincentives while granting certificates, licences, work contracts
or in disposal of pending cases, payment of pending bills, revision of contracts
etc. Similarly the investigating agencies shall not resort to any partiality in
registration of offences or framing charge sheets, enforcement of arrests,
NBWs etc.
6. No political party or any candidate shall organise any camps with elected
representatives either directly or indirectly.
7. There shall not be any canvassing, campaigning activity pertaining to the
indirect elections to local bodies from 48 hours prior to the hour fixed for the
conduct of such indirect elections to MPPs, ZPPs, Municipalities or Municipal
Corporations. Such ban on canvassing, campaigning etc shall continue till the
completion of the indirect elections to the concerned bodies.
Any violation of the above provisions of the MCOC shall invite suitable prosecution or /
and action under relevant provisions of the Acts/rules concerned. Sections 234 of TPR Act or
Section 343-T of Municipalities Act or Section 612 of GHMC Act shall be invoked in appropriate
cases.
X. Prosecution
1. The violation of these provisions is punishable under various laws.

2. The District Election Authority, Deputy District Election Authority, Additional District
Election Authority and the Police are authorized to initiate prosecution against violators
of this Code before the Competent Criminal Courts under intimation to the State
Election Commissioner.

SD/- V. NAGI REDDY

STATE ELECTION COMMISSIONER
TELANGANA

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ANNEXURE – 27

184
185
186
187
 ANNEXURE -28

TELANGANA STATE ELECTION COMMISSION

1st Floor, DTCP Building, Opp: PTI Building, A.C.Guards, Hyderabad – 500 004.

CIRCULAR

No.629/TSEC-L/2018 Dated:08.08.2018

Sub:- State Election Commission - Elections to Local Bodies – Prevention of

defacement of property and other campaign related items – revised
instructions – Reg.
***
Private and public places are often disfigured during the election time by way of
pasting election advertisements and wall-writings in violation of the Model Code of Conduct.
Needless to mention the immense nuisance and damage caused to the property owners.

2. In order to prevent such disfigurement, the State Legislature had enacted Prevention
of Disfigurement of Open Places and Prohibition of Obscene and Objectionable posters and
Advertisements Act, 1997 (Act 28 of 1997).

3. Section 4 of the said Act makes the disfigurement of any public or private
place an offence punishable with imprisonment which may extend upto 3 months or
with fine which shall not be less than one thousand rupees but which may extend
upto 2,000 rupees or with both. Abetment of such disfigurement is also made
punishable under section 5 of that Act. Under section 6 thereof, the police officers
are empowered to remove, erase, pull down and destroy objectionable
advertisements.

4. The Commission decided to issue detailed instructions in this matter and other
campaign related items in supersession of the earlier instructions issued in the
circulars No. 1473/TSEC-L/2016, Dated:23.11.2016 and No. 506/TSEC-ULBs/2015,
Dated: 22.7.2015, for strict compliance by political parties, candidates, individuals
and organizations etc. during the period of elections to Local Bodies. The crux of the
instructions is to abide by the extant provisions in the prevailing law:

DEFACEMENT OF PUBLIC PLACES

5. (a) Wall writing, pasting of posters/papers or defacement in any other form,
or erecting/displaying of cutouts, hoardings, banners flags etc. shall not be permitted
on any Government premise (including civil structures therein). For this purpose a
Government premise would include any Govt. office and the campus wherein the
office building is situated.
(b) If the local law expressly permits or provides for writing of slogans,
displaying posters, etc., or erecting cut-outs, hoardings, banners, political
advertisement, etc., in any public place, (as against a Govt. premise) on payment or
otherwise, this may be allowed strictly in accordance with the relevant provisions of

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the law and subject to Court orders, if any on this subject. It should be ensured that
any such place is not dominated/monopolized by any particular party(ies) or
candidate(s). All parties and candidates should be provided equal opportunity in this
regard.
(c) If there is a specifically earmarked place provided for displaying
advertisements in a public place, e.g. bill boards, hoardings etc. and if such space is
already let out to any agency for further allocation to individual clients, the
authorities of local bodies concerned, should ensure that all political parties and
candidates get equitable opportunity to have access to such advertisement space for
election related advertisements during the election period.

DEFACEMENT OF PRIVATE PLACES

6. (a) Whenever, temporary and easily removable advertisement materials,
such as flags and banners are to be put up in private premises they should be with
voluntary and express written permission of the occupant. The permission should be
an act of free will and not extracted by any pressure or threat. Such banner or flag
should not create any nuisance to others. Photo-copy of the voluntary permission in
writing obtained in this connection should be submitted to the Returning Officer
within 3 days of putting up the flags and banners in such cases in the manner
prescribed in sub-para(c) below.

(b) If the local law does not expressly permit wall writing, pasting of
posters, and similar other permanent/semi-permanent defacement which is not easily
removable, the same shall not be resorted to under any circumstances, even on the
pretext of having obtained the consent of the owner of the property. This will also
apply in the states where there is no local law on the subject of prevention of
defacement of property.

(c) In case of wall writings and pasting of posters and similar other
permanent/semi-permanent defacement which is not easily removable, and putting
up hoardings, banners, etc. on private premises with the owner's permission, the
contesting candidates or the political parties concerned shall obtain prior written
permission from the owner of the property and submit photocopies of the same
within 3 days to the Returning Officer or an officer designated by him for the
purpose, together with a statement in the enclosed proforma (marked as
Annexure). The statement in such cases and in the cases mentioned in sub-para (a)
above should clearly mention therein the name and address of the owner of the
property from whom such permission has been obtained together with expenditure
incurred or likely to be incurred for the purpose. Nothing inflammatory or likely to
incite disaffection amongst communities shall be permissible in such writings/display.
The expenditure incurred in this mode on specific campaign of candidate(s) shall be
added to the election expenditure made by the candidate. Expenditure incurred on
exclusive campaign for a party without indicating any candidate shall not be added to
candidate’s expenditure. The contesting candidate shall furnish such information
village/locality/town-wise, to the Returning Officer, or the authorized officer within 3
days of obtaining the requisite permission, for easy checking by the Returning Officer

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or the Election Observer or any officer connected with the conduct of elections.

(d) Subject to any restrictions under any local law or any court orders in
force, the political parties, candidates, their agents, workers and supporters may put
up banners, buntings, flags, cut-outs, on their own property, provided they do so on
their own volition, voluntarily and without any pressure from any party, organization
or person, and provided further that these do not cause any inconvenience in any
manner to anyone else. If such display of banners, flags etc. aims to solicit vote for
any particular candidate, then the provisions of Section 171H of the IPC would be
attracted and would have to be followed. Section 171H of the IPC stipulates that
whoever without the general or special authority in writing of a candidate incurs or
authorises expenses on account of the holding of any public meeting, or upon any
advertisement, circular or publication, or in any other way whatsoever for the
purpose of promoting or procuring the election of such candidate, shall be punished
with fine which may extend to five hundred rupees: Provided that if any person
having incurred any such expenses not exceeding the amount of ten rupees without
authority obtains within ten days from the date on which such expenses were
incurred the approval in writing of the candidate, he shall be deemed to have
incurred such expenses with the authority of the candidate.

DEFACEMENT OF HALLS/AUDITORIUMS AND OTHER PUBLIC PROPERTIES

7. In the case of Halls/Auditoriums/Meeting venues owned/controlled by the
Government/ local authorities/PSUs/Cooperatives, if the law/guidelines governing
their use do not preclude political meetings therein, there is no objection to it. It
shall be ensured that the allocation is done on equitable basis and that there is no
monopolization by any political party or candidates. In such venues, displaying of
banners, buntings, flags, cut-outs, may be permitted during the period of meetings
subject to any restrictions under the law/guidelines in force. Such banners, flags, etc.
shall be got removed by the party/individual who used the premises immediately
after conclusion of the meeting, and in any case within a reasonable period after the
meeting is over. Permanent/semi-permanent defacement such as wall writing/pasting
of posters etc. shall not be permitted in such premises.

8. If any political party/association/candidate/person indulges in defacement of

any property in violation of the local law, if any, or the above instructions, the
Returning Officer/ Election Officer shall issue notice to the offender for removing the
defacement forthwith. If the political party/association/candidate/person does not
respond promptly, the district authorities may take action to remove the defacement,
and the expenses incurred in the process shall be recovered from the political
party/association/candidate/person responsible for the defacement. Further, the
amount also shall be added to the election expenditure of the candidate concerned,
and action should also be initiated to prosecute the offender under the provisions of
the relevant law (under the law relating to prevention of defacement, if any, or under
the provisions of the general law for causing willful damage to the property of
others).

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DEFACEMENT OF VEHICLES
9. (a) In private vehicles, subject to the provisions of the Motor Vehicles Act,
Rules thereunder and subject to court orders in force, if any, flags and stickers may
be put on the vehicles by the owner of the vehicle on his own volition, in such a
manner that they do not cause any inconvenience or distraction to other road users.
If such display of flags and stickers aims to solicit vote for any particular candidate,
then the provisions of Section 171H of the IPC would be attracted and would have to
be followed.
(b) On commercial vehicles, display of any flag, sticker etc. shall not be
permitted, unless such vehicle is a vehicle validly used for election campaign after
obtaining the requisite permit from the Municipal Commissioner concerned in
Municipal elections, Joint Collector / Revenue Divisional Officer concerned in elections
to MPTCs and ZPTCs and Tahsildar concerned in Sarpanch, Gram Panchayat elections
and the display thereof in original on the wind screen.
(c) External modification of vehicles including fitting of Loudspeaker
thereon, would be subject to the provisions of the Motor Vehicles Act/Rules and any
other Local Act/Rules. Vehicles with modifications and special campaign vehicles like
Video Rath etc., can be used only after obtaining the requisite permission from the
competent authorities under the Motor Vehicles Act.

OTHER CAMPAIGN RELATED ITEMS

10. Subject to accounting for the expenditure, the following may be permitted:-
(a) In processions and rallies etc., flags, banners, cutouts etc. can be
carried subject to local laws and prohibitory orders in force;
(b) In such procession, wearing of party/candidate supplied special
accessories like cap, mask, scarf etc. may be permitted. However, supply of
main apparels like saree, shirt, etc. by party/candidate is not permitted.
(c) Educational institutions including their grounds {whether Govt. aided,
private or Govt.} shall not be used for political campaigns and rallies.

11. The State Election Commission, hereby, directs the Collectors and District Election
Authorities, the Superintendents of Police, Commissioners of Police and Deputy
Commissioners of Police to strictly implement the above directions and bring the same to the
notice of the Returning Officers/Election Officers and all other election related authorities,
and all political parties in the State, including district units of recognized National and State
parties, and all registered un-recognized parties based in the State, and also the contesting
candidates (at the time of elections) for information and compliance.

12. The Commission also directs that, action taken in this regard and the
prosecutions launched under the above Act during the period of election to Rural
Local Bodies and Urban Local Bodies should be informed to the Commission from
time to time.

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13. A copy of the said Act is enclosed for ready reference.
(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)

Sd/- M. Ashok Kumar

Secretary
To
1. The Commissioner & Election Authority, GHMC.
2. All the Collectors and District Election Authorities in the State of Telangana.
3. All Superintendents of Police, Commissioners of Police and Deputy
Commissioners of Police in the State.
4. All the Chief Executive Officers of Zilla Praja Parishad in the State.
5. All the District Panchayat Officers in the State.
6. All the Mandal Parishad Development Officers in the State through CEOs of
ZPP.
7. All the Municipal Commissioners of Municipal Corporations and Municipalities.
8. All the Deputy Commissioners of GHMC through the Commissioner & Election
Authority, GHMC.
9. All the Regional Directors-cum-Appellate Commissioners of Municipal
Administration in the State.
10. The Commissioner of Panchayat Raj & Rural Employment and Election
Authority, Telangana, Hyderabad.
11. The Commissioner & Director of Municipal Administration and Election
Authority, Telangana, Hyderabad.
12. The Director General of Police, Telangana, Hyderabad.

192
 Annexure

Statement showing the details of wall-writings / posters / hoardings / banners,

etc. displayed by Shri / Smt. / Ms.______________________________, contesting
candidate for the office of the Sarpanch/ Member of Ward No…… of …………………….
Gram Panchayat / Member, ………………….. Territorial Constituency of
…………………………….. Mandal Praja Parishad/ Zilla Praja Parishad /Member of Ward
No……. of ……………………… Municipality / Municipal Corporation.
Name of the Village / Town / Locality _____________________________

Expenditure
Name and address of Details of Wall – Writing
incurred or likely
the owner of the or Hoardings or Banners
to be incurred on
Sl. private property from or Poster (Size of wall
the wall writing /
No. whom written writing/ hoarding /
hoarding / banner
permission has been banner / poster shall be
/ posters, etc.
obtained indicated
(Rs.)

Total:

193
 THE ANDHRA PRADESH GAZETTE
PART – IV.B EXTRAORDINARY
PUBLISHED BY AUTHORITY
--------------------------------------------------------------------------------
------------
No.44 HYDERABAD, TUESDAY, NOVEMBER 25, 1997.

ANDHRA PRADESH ACTS, ORDINANCES AND

REGULATIONS Etc.

The following Act of the Andhra Pradesh Legislative

Assembly which was reserved by the Governor on the 20 th
January, 1993 for the consideration and assent of the
President, received the assent of the President on the 17th
November, 1997 and the said assent is hereby first
published on the 25th November, 1997 in the Andhra
Pradesh Gazette for general information:

ACT NO. 28 OF 1997

AN ACT TO PROVIDE FOR THE PREVENTION OF

DISFIGUREMENT BY OBJECTIONABLE OR UNAUTHORIZED
ADVERTISEMENTS OF PLACES OPEN TO PUBLIC VIEW AND
FOR THE PROHIBITION OF PRINTING, PUBLISHING AND
DISPLAY OF OBSCENE POSTERS RELATING TO CINEMAS
AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.

Be it enacted by the Legislative Assembly of the State

of Andhra Pradesh in the Forty – eighth Year of the
Republic of India as follows.:-
CHAPTER - I

PRELIMINARY
1. (1) This Act may be called the Andhra Pradesh
Prevention of the Disfigurements of Open Places and Short title,
Prohibition of obscene and objectionable posters and extent and
Advertisements Act, 1997. Commencement.
(2) It extends to the whole of the State of Andhra
Pradesh
(3) It shall come into force on such date as the State
Government may by notification in the Andhra Pradesh
Gazette, appoint.

194
Definition 2. In this Act, unless the context otherwise requires-
s:
(a) "advertisement" includes any notice, circular, hand-bill
label, wrapper or other document and also includes any visible
representation made by means of any light, sound, smoke or gas;

"authority" means an authority constituted under section 9;

(c) "government" means the State Government of Andhra

Pradesh;

(d) "notification" means a notification published in the

Andhra Pradesh Gazette and the word "notified" shall be construed
accordingly;

(e) "objectionable advertisement" means any

advertisement:-

(i) Which is likely to incite any person to commit murder,

sabotage or any offence involving violence; or

(ii) Which is likely to seduce any member of the armed

forces of the Union or of the Police forces from allegiance or his
duty, or prejudice the recruiting of persons to serve in any such
force or prejudice the discipline of any such force: or

(iii) Which is likely to incite any section of the citizens of

India to commit an act of violence against any other section of the
citizens of India: or
(iv) Which is deliberately intended to outrage the religious
feelings of any class of the citizens of India by insulting or
blaspheming of profaning the religion or the religious beliefs of that
else: or
(v) Which is grossly indecent, or scurrilous or obscene or is
intended to black - mail;
Explanation :-An advertisement shall not be deemed to be
objectionable merely because words or sings or visible
representations are used;
(1) expressing disapprobation or criticism of any law or of
any policy or administrative action of the Government with a view
to obtain its alteration or redress by lawful means.
(2) criticizing any social or religious practice without
malicious intentions and with an honest view to promote social or
religious reform or social Justice;

195
 (f) "Place open to public view" includes any private place
or building, monument, statue, post - wall, fence, tree or
other thing or contrivance visible to a person being in, or
passing along, any public place;

(g) "poster" means any printed, typed, hand written,

cyclostyled or Xeroxed matter or design or pictorial
representation usually meant to be displayed as a play card
or pasted on any wall, building, hoarding or other place
open to public view whether by cinematography exhibition
or otherwise but does not include the exhibition of a
cinematograph film inside the auditorium of a cinema
theatre;

(h)"prescribed" means prescribed by rules made

under this Act;

(i)"Public place" means any place (including a road, Penalty for

street or way, whether a thoroughfare or not and a landing disfigurement
place) to which the public are granted access of have a right by
to resort, or ever which they have a right to pass. objectionable
advertisement
CHAPTER - II s

Prevention of disfigurement of open places

3. Whoever affixes to, or inscribes or exhibits on any
place open to public view any objectionable advertisement, Penalty for
shall be punished with imprisonment of either description for unauthorized
a term which may extend to one year or with fine which disfigurement
shall not be less than two thousand rupees but which may by
extend to five thousand rupees or with both. advertisement
4. Whoever affixes to, or inscribes or exhibits on any ;
place open to public view any advertisement without the
written consent of the owner or occupier or person in
management of the property in which such place is situated
shall be punished with imprisonment of either description for
a term which may extend to three months or with fine which
shall not be less than one thousand rupees but which may Punishment of
extend to two thousand rupees, or with both. abetters
5. Whoever in any manner whatsoever punishment
causes, procures, counsels, aids, abets or is accessory to,
the Commission of any offence under section 3 or section 4
shall be punished with the punishment 4 shall be punished
with the punishment provided for the offence.

196
Power to 6. (1) Any police officer not below the power to rank of a
remove, Sub-- Inspector or any other officer, empowered in this behalf by
erase, pull the Government may remove, erase, or otherwise pull down any
down and objectionable advertisement.
destroy
objection- (2) Any advertisement removed or pulled down under sub-section
able (1) or a photograph of any advertisement erased under that sub-
advertise- section shall be produced before a Magistrate of the First Class and
ments. if, in the opinion of the Magistrate, such advertisement is an
objectionable advertisement, the Magistrate may cause the
advertisement or the photograph thereof to be destroyed after
giving an opportunity of hearing to the advertiser wherever he is
known and where he is not known after recording that fact, but if
in the opinion of the Magistrate such advertisement is not an
Central objectionable advertisement the Magistrate shall dispose it of in the
Act 2 of manner provided in sections 457, 458 and 459 of the Code of
1974 Criminal Procedure, 1973 or in the case of an advertisement which
is erased make an order that it shall be restored at the cost of the
Government.

CHAPTER – III

Prohibition of obscene posters etc.

Obscene
poster. 7. A poster shall be deemed to be obscene if –
(a) its effect is to tend debase and corrupt persons who are
likely, having regard to all relevant circumstances, to read or see
the matter contained or embodied in it;

(b) it holds out or recommends to the public anything to be

used as, or suggestive of, a sexual stimulant;

(c) it undermines the accepted cannons of decency or

encourages vicious or immoral acts;

(d) it lowers the sacredness of the institution of marriage or

depicts scenes of rape, criminal assault on women or other
immoralities;

(e) it exhibits the human form in a state of nudity or

indecorous or sensual posture; or

(f) it encourages lasciviousness or arouses impure and

lecherous thoughts.

197
 8. Notwithstanding anything contained in any law or Prohibiting of
contract to the contrary, but subject to the provisions of this printing,
Act, no person shall print, publish, distribute or display or publishing or
cause to be printed, published, distributed or displayed any displaying
obscene poster relating to a cinema in any public place. obscene posters.
9. The Government may, as soon as may be after the
commencement of this Act, by notification constitute an Constitution of
authority or authorities for the purpose of determining all
question relating to obscenity of a poster. Authority for
10. Every person who contravenes the provision of
section 8 shall, on conviction, be punishable with determination of
imprisonment which may extend to six months or with fine
which shall not be less than two thousand rupees but questions
which may extend to five thousand rupees or with both.
relating to
11. (1) The Commissioner of Police in the twin cities of
Hyderabad and Secunderabad, Visakhapatnam and obscenity of
Vijayawada and the District Collector elsewhere may, -
poster.
(a) enter and search at all reasonable times with such
assistance, if any, as he considers necessary any place in
which he has reason to believe that an offence punishable Penalty
under this chapter, has been or is being committed;

(b) seize, and detain any material which has reason to

believe contravenes any of the provisions of this chapter;

(c) examine any record, register, document or any Power to make

other material or object found in any place mentioned in search and
Clause (a) and seize the same if he has reason to believe seizure.
that it may furnish evidence of the commission of an offence
punishable under this chapter.

(2) Where any property is seized under sub-section

(1), such seizure shall be reported to a Magistrate forthwith,
and the provisions of Chapter XXXIV of the Code of Criminal
Procedure, 1973, shall apply to the custody and disposal
thereof as they apply to property referred to therein.

(3) The Commissioner of Police or the District Collector

may, by order, delegate the powers under this section to an
officer not below the rank of an Inspector of Police or a Central “Act 2
Mandal Revenue Officer (Gazetted). of 1974

198
Forfeiture 12. Where a person has been convicted by any Court for
contravening any provision of this chapter or any rule relating
thereto, the court may direct that, any poster or other
document (including all copies thereof), articles or things in respect
of which the contravention is made, shall be forfeited) to the
Government.
Compoun
d- 13. (1) The Commissioner of Police, in the twin cities of
ing of Hyderabad and Secunderabad, Visakhapatnam and Vijayawada and
offences. the District Collector elsewhere may accept, from any person
against whom a reasonable suspicion exists that he has committed
any offence punishable under this chapter, such sum of money as
may be prescribed by way of composition for the offence which
such person is suspected to have committed.

(2) On the payment of such sum of money to the

Commissioner of Police or the District Collector, as the case may be
the suspected person, if in custody, shall be discharged and no
other proceedings shall be taken against him.
CHAPTER - IV
MISCELLANEOUS
14. (1) Where an offence has been committed by a
company, every person who, at the time when the offence was
committed was in charge of and was responsible to the company
Offences
for the conduct of the business of the company, as well as the
by
company, shall be deemed to be guilty of the offence, and shall be
companie
liable to be proceeded against and punished accordingly :
s
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any gross negligence
on the part of any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer of
the company shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation : For the purpose of this section, -
(a) 'Company' means anybody corporate and included a firm
or other association of individuals; and

199
 (b) 'Director' in relation to a firm means a partner in
the firm.

15. Notwithstanding anything contained in the Code Certain offences

of Criminal Procedure, 1973 the offences punishable under to be cognizable.
sections 3 and 4 shall be deemed to be cognizable offences Central Act 2 of
within the meaning of that Code. 1974

16. No court shall take cognizance of any offence

punishable under this Act except on a complaint filed, in the Cognizance of
twin cites of Hyderabad and Secunderabad, Visakhapatnam offences.
and Vijayawada by the Commissioner of Police or by any
Police Officer not below the rank of an Inspector of Police
authorized by him in this behalf and elsewhere by the
District Collector or any Officer not below the rank of a
Mandal Revenue Officer authorized by him in this behalf.

17. No suit, prosecution or other legal proceeding

shall lie against the Government the authority any local Protection of
authority or any public servant or person, in respect of action taken in
anything which is in good faith done or intended to be done good faith
in pursuance of this Act or of any rule made thereunder.
18. Where a person is prosecuted for committing an
offence under section 4, the burden of proving that he has
the written consent referred to in that section shall be on
him. Burden of proof
19. The Government may, from time to time, issue in certain cases.
such directions not inconsistent with the provisions of this
Act or the rules made thereunder as they may think fit,
setting out the principles which shall guide the authority in Power to issue
discharging its duties under this Act. directions.
20. The provisions of this Act and the rules made
thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the
time being in force, or any custom, usage or contract or
decree or order of a Court or other authority. Act to override
21. (1) The Government may for the purposes of other laws.
removing any difficulty, by order published in the Andhra
Pradesh Gazette, direct that the provisions of this Act
shall, during such period as may be specified in the order,
have effect subject to such adoptations whether by way of
modification, addition or omission as they may deem Power to remove
necessary or expedient : difficulties.

200
 Provided that no such order shall be made after two years
from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid

before the Legislative Assembly of the State.

(3) No order under sub-section (1) shall be called in question

in any court on the ground that no difficulty as is referred to in
sub-section (1) existed or was required to be removed.

Power to 22. (1) The Government may by notification, make

make rules for carrying out all or any of the purposes of this Act.
rules.
(2) Every rule made under this Act shall, immediately after it
is made, be laid before the Legislative Assembly of the State if it is
in session and if it is not in session, in the session immediately
following for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if
before the expiration of the session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in
making any modification in the rule or in the annulment of the
rule, the rule shall from the date on which the modification or
annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.

G BHAVANI PRASAD,
Secretary to Government,
Legislative Affairs & Justice Law Department

201
ANNEXURE – 29

202
203
204
205
206
207
208
 ANNEXURE - 30

DOS AND DON’TS FOR GUIDANCE OF CANDIDATES, ELECTION AGENTS

 DOs
1. Do familiarize yourself with the legal provisions relating to
elections.

2. Do make it a point to obtain the Electoral Rolls of the

Municipality concerned.

3. Do check up your name and the particulars in the current

electoral roll well before deciding to stand for election.

4. Do check up that you are qualified to stand for election.

5. Do check up that you are not disqualified from standing for

election.

6. Do check up the nomination form to ensure that it is in the

prescribed form.

7. Do present the nomination form personally or send it

through your proposer and no one else.

8. Do ensure that your proposer is a voter in the ward to

which you are contesting.

9. Do present more than one nomination paper, if you wish to

do so. (Not more than 4 nominations can be presented by or
on behalf of any candidate)

10. Do collect the receipt for the nomination paper so filed.

11. Do make it a point to attend the scrutiny of nominations

personally.

12. Do check up that your name appears in the list of valid

nominations

13. Do check up that your name is correctly entered in the list

of validly nominated candidates.

14. Do check up your name and other particulars in the list of

contesting candidates for its correctness.

209
 15. Do find out the hours of poll as notified.

16. Do appoint the Election Agent in proper form and well in

time.

17. Do obtain a copy of the list of Polling Stations.

18. Do appoint a polling agent and two relief agents in proper
form for each and every polling station well in time.

19. Do provide copies of electoral roll to your polling agents.

20. Do appoint a counting agents in proper form.

21. Do make it a point to attend counting personally.

22. Do maintain proper accounts of election expenses from the

date of your nomination as a candidate till the date of
declaration of result in the proformas prescribed by State
Election Commission

 DON’Ts

1. Don’t present the nomination paper before or after the

specified hours fixed for the purpose.

2. Don’t present the nomination paper to any person other than

Returning Officer or the Officer so authorised in this behalf

3. Don’t forget to make the required deposit

4. Do not issue identity slips bearing your name, your party or

your symbol or containing any exhortation to voters to vote
for you.

5. Do not make gift or offer or promise of gratification to any

person to induce another to stand or not to stand as a
candidate or to withdraw or not to withdraw his
candidature or to vote refrain from voting at the election.

6. Don’t interfere directly or indirectly or attempt to interfere

with the free exercise of the electoral aright of any person.

7. Don’t appeal to voters to vote or refrain from voting on

grounds of religion, race, caste or community or language.

210
8. Don’t make use of religious symbols or national symbols in
electioneering.

9. Don’t promote or attempt to promote feeling of enmity or

hatred between different classes of citizens on grounds of
religion, race, caste, community or language.

10. Don’t publish false statements in regard to the personal

character and conduct of any candidate or in relation to the
candidature or withdrawal of any candidate.

11. Don’t hire or provide vehicles for the conveyance of voters to

and from the polling stations.
12. Don’t incur or authorise expenditure in connection with
elections beyond the maximum prescribed for your elections.

13. Don’t procure the support of any Government servant.

14. Don’t indulge in misconduct at polling station.

15. Don’t induce disorderly conduct in or near any Polling Station.

16. Don’t hold public meeting in the polling area any time 48
hours before the hour fixed for the closure of the poll.

17. Don’t create disturbances at election meetings. Don’t canvass

within 100 metres of the Polling Station on the date or dates
of poll.

18. Don’t destroy fraudulently any nomination paper or any list or

notice or any other documents affixed by or under the
authority of the Returning Officer.

19. Don’t destroy, take out or otherwise interfere with

electronic voting machine.

20. Don’t publish any statement or have it published with your

consent or the consent of your Election Agent which is false or
which you believe to be false or do not believe to be true in
relation to the personal character and conduct of any
candidate or in relation to the candidates or withdrawal of any
candidate, giving a statement reasonably calculated to
prejudice the prospect of the candidate in the election.

211
 21. Don’t threaten any candidate or any elector or any person
with any kind of act including social ostracism and ex-
communication or expulsion from any caste or community.

22. Don’t induce or attempt to induce a candidate or an elector

making him believe that he or any person in whom he is
interested will become or will be rendered the object of
divine displeasure or spiritual censure.

23. Don’t abet the offence of personation to an election.

24. Don’t forget to lodge the election expenditure accounts with

the District Election Authority (district collector) within 45 days
from the date of declaration of result.

25. Don’t use the cell phone either in the Polling Station or the
Counting Hall.

DOs AND DON’Ts FOR GUIDANCE OF POLLING AGENTS

The main duty of a Polling Agent is to see the interests of the

candidate, who appointed him, are safeguarded at the polling
station.

DOs:

1) Do carry a letter of appointment in the prescribed form

signed by the candidate or his election agent and produce it
before the Presiding Officer at the assigned polling station.

2) Do co-operate in having the electronic voting machine

properly secured and sealed according to the rules before,
during and after close of the poll.

3) Do see that all the election records relating to the poll

are
secured and sealed properly after the close of the poll as
required by the law.

4) Do detect and prevent impersonation of voters by challenging

persons whose identity as real voter is doubtful.

5) Do carry a copy of the current electoral roll of the polling

station.

212
 6) Do carry a list of names of the dead, absent or allegedly
suspicious voters which might have been included in the
electoral rolls.

7) Do carry a small brass seal to affix seals on covers containing

election papers etc.

8) Do obtain attested copy of the ballot paper account from

the Presiding Officer concerned as per the rules.

DON’Ts:
1) Don’t communicate any person any information calculated to
violate secrecy of voting.

2) Don’t interfere directly or indirectly with the free exercise of

the electoral right of any voter.

3) Don’t destroy, take out or otherwise interfere with any ballot

box or ballot paper.

4) Don’t indulge in misconduct at the polling station.

5) Don’t abet the offence of personation.

6) Don’t canvass within 100 metres radius of the polling station

on the date of poll.

7) Don’t carry cell phones into the polling station.

213
 ANNEXURE – 31

FORM – XX
[See rule 29 (2) ( c )]
LIST OF CHALLENGED VOTES

Election to the Office of Member of the Municipal Corporation of ………………….. from

……………….. Ward.

Polling Station.
--------------------------------------------------------------------------------------------------------------
Sl.No. Name of voter Serial No. in Signature or thumb Name of
the electoral impression of the identifier
Roll voter and his address if any
--------------------------------------------------------------------------------------------------------------
(1) (2) (3) (4) (5)
---------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Name of the person Amount of Order of Presiding Signature of challenger
Challenging deposit made Officer in each case acknowledging receipt
of deposit when deposit
is returned
----------------------------------------------------------------------------------------------------------------
(6) (7) (8) (9)
-----------------------------------------------------------------------------------------------------------------

Date : Signature of Presiding Officer

214
 ANNEXURE – 32

FORM -XIX
[See rule 28(2)]

LIST OF TENDERED VOTES

Election to the Office of Member of the Municipal Corporation of ………………….. from

……………….. Ward.

Number and Name of the Polling Station…………………

Sl. Part no. Sl.No. & Address of voter Sl.No. of Sl.No. of ballot Signature/
No. Name of voter tendered paper issued thumb
Ballot to the person impression of
Paper who has person
already voted tendering
vote
1 2 3 4 5 6
1
2
3
4
5
6
7
8
9
10

Date : ………………….. Signature of Presiding Officer.

215
 ANNEXURE - 33

NOTICE TO CANDIDATE OR THEIR ELECTION AGENTS REGARDING

THE DATE, TIME AND PLACE FOR COUNTING

ELECTION TO THE WARD NO…..........

Name of the Ward ……………………………………... Name of the Municipal
Corporation…………………………

I hereby give notice that I have, fixed

the........................................day of............................(month)20.................
.......a.m./p.m. as the date and time for the counting of votes in the
Ward No.…………. and ................................................ (Place)
in............................................as the
place for such counting.

Place ....................................
Signature...................................
......
Date ..................................... Returning Officer
............................

To
All the candidates or their election agents

216
 ANNEXURE – 34

FORM XVII

[See rule 15]

REVOCATION OF APPOINTMENT OF COUNTING AGENT

Election to the Office of Member of Municipal

Corporation of
……….….. from……………………Ward.

To
The Returning Officer,
………………….. Ward.

I Sri/Smt/Kum………………………………….. a candidate/election
Agent of Sri/Smt/Kum………..……… candidate at the above election
hereby/revoke the appointment of Sri/Smt/Kum……………………………..
as Counting Agent.

Place: …………………….. Date: ………………………

Signature of Candidate/Election
Agent.

* Strike out whichever is inapplicable

217
 ANNEXURE-35
FINAL RESULT SHEET
(to be used for recording the result where counting is done by mixing
(Where Ballot Boxes are used)
For Election to the office of Member of Ward No. &
Name............................... of......................…………… Municipal Corporations
of ................................. District
Polling station Total Votes found in the ballot box
No. of tendered votes
No. (es)
(1)
(2)
(3)
……..
Total

I. Total No. of Candidate-wise

Polled Valid Total No. of Total Total
Valid Votes Votes No. of
Votes Valid rejected
recorded for polled Tendere
Votes votes NOTA
candidates and of (A+B+C) = (I)+(II)+(III d Votes
rejected ballot A B C )

(I) (II) (III) (IV) (V)

paper

1st Round

2nd Round

3rd Round

4th Round
5th Round etc.,
i. Total No. of
Votes Recorded at
Polling Stations
ii. No. of Valid
Votes Recorded on
Postal Ballot
Papers for
candidates and
rejected postal
ballot papers.
Grand Total
(i+ii)

Place……………….
Date ………………... Returning Officer

218
 ANNEXURE – 36

FORM XXXI

[See rule 55 (a)]

Declaration of the Result of Election

Election to the Office of the Member of the Municipal Corporation of

………… from ……………………….. Ward.

In pursuance of the provisions contained in Section 65 of the

Hyderabad Municipal Corporation Act, 1955 (Act II 1956) and Rule 55
of the Telangana Municipal Corporations (Conduct of Election of
Members, Election Expenses and Election Petitions) Rules, 2005, I
declare that, --

…………………………. (Name)
………………………… (Address)

Sponsored by ………………………. (Name of the political party) has

been duly elected to fill the *seat / vacancy caused due to the
retirement of ………………..on
…………………. (Date, month and year) / on the expiration of his term of
office / by the *resignation of ……………………/
*death of …………………./*Election of
……………………. having been declared void, from the above Ward.

Place :……………………..
Date :……………………. Returning Officer

*Score out the word not applicable.

219
 ANNEXURE – 37

FORM XXXIII
[See rule 56]

CERTIFICATE OF ELECTION

I, Returning Officer for Ward No …………….of the Municipal Corporation of

………………….. hereby certify that I have on the ………………… day of 20

declare Sri/Smt/Kum …………………………….. of ………………(party) to have

been duly elected by the said Ward to be a member of

the Municipal Corporation of

………………………….. and that in token thereof I have granted to him

this certificate of election.

Place………………………………….. Date……………………………………

Returning Officer.
(with seal)

220
 ANNEXURE - 38

TELANGANA STATE ELECTION COMMISSION

st
1 Floor, DTCP Building, Opp: PTI Building, A.C. Guards, Hyderabad – 500
004.

CIRCULAR

No.1079/TSEC-L/2018, Date:20.12.2018

Sub:- TSEC- Elections to Urban Local Bodies – Election expenditure –

Formats for maintaining of election expenditure accounts notified –
Detailed instructions for compliance – Reg.
Ref:- TSEC Notification No.1079/TSEC-L/2018, dt.20.12.2018.
***
I. Legal Provisions:
Section 617 B (1) of GHMC Act, 1955 (in respect of Municipal Corporations)
and Section 343 ZC (1) of Telangana Municipalities Act, 1965 (in respect of
Municipalities) stipulates that every candidate, at any election held under these Acts
shall, either by himself/herself, or by his/her election agent, keep a separate and
correct account of all expenses incurred in connection with the election, between the
date on which the candidate concerned has been nominated, and the date of
declaration of the result of the election, both dates inclusive..

Sub-Section (2) of Section 617 B of GHMC Act, 1955 and Sub-Section (2) of
Section 343 ZC of Telangana Municipalities Act, 1965 stipulates that the account of
election expenses shall contain such particulars, as may by order, be specified by the
State Election Commission.
Sub-Section (3) of Section 617 B of GHMC Act, 1955 and Sub-Section (3) of
Section 343 ZC of Telangana Municipalities Act, 1965 stipulates that the total of the
said expenses shall not exceed such amount, as may by order, be specified by the
State Election Commission.

Section 617 C of GHMC Act, 1955 and 343 ZD of Telangana Municipalities

Act, 1965, stipulates that

617-C. Lodging of account with the District Election Authority: Every

contesting candidate at an election shall, within forty five days from the date of
declaration of the result of the election, lodge with the District Election Authority, an
account of his election expenses, which shall be a true copy of the account kept by
him, or by his election agent, under Section 617-B.
343 ZD. Lodging of account with the District Election Authority. every
contesting candidate at an election shall, within forty five days from the date of
declaration of the result of the election, lodge with the District Election Authority, an
account of his election expenses, which shall be a true copy of the account kept by
him, or by his election agent, under section 343 ZC”;
221
 Under Section 20-B of GHMC Act, 1955 and Section 15-B of TM Act, 1965,
the State Election Commission is empowered to disqualify a candidate from
contesting election for a period of 3 years for failure to lodge an account of election
expenses within the stipulated time and in the manner required under the said Acts
and in case the candidate is elected, he is liable for cessation of office for such
failure.

For the purpose of clarity, the explanations given under Section 617-B of
GHMC Act, 1955 and Section 343-ZC of TM Act, 1965 for the election expenses are
reproduced below.

Explanation-I:- ‘Election expenses’ for purpose of this Act shall mean all
expenses in connection with the election,-

(a) incurred, or authorized by the contesting candidate, or by his

election agent;
(b) incurred by any association, or body of persons, or by any
individual, other than the candidate or his election agent, aimed at
promoting or procuring the election of the candidate concerned; and
(c) incurred by any political party, by which the candidate is set up,
so as to promote or procure his election:
Provided that any expenses incurred by any political party as part of its
general propaganda, which is distinguishable from its election campaign, for the
promotion or procuring the election of a particular candidate, by words, either
written or spoken, or by signs or visible representations, or by audiovisual devises, or
through print or electronic media or otherwise, shall not constitute ‘election
expenses’ for purposes of this Act.
Explanation – II:- (1) For the removal of doubts, it is hereby declared that
any expenses incurred in respect of any arrangements made, facilities provided or
any other act or thing done by any person in the service of the Government and
belonging to any of the classes mentioned in clause (9) of Section 17(1)(B) of GHMC
Act, 1955 and in clause (9) of section 343 A of TM Act, 1965 in the discharge or
purported discharge of his official duty as mentioned in the proviso to that clause
shall not be deemed to be expenses in connection with the election incurred or
authorized by a candidate or by his election agent for the purposes of this sub-
section.
The SEC issued Notification in the reference cited (enclosed to this circular)
prescribing the particulars and the formats according to which the election
expenditure accounts shall be maintained by the contested candidates in the
elections to Urban Local Bodies and true copies of the same are to be submitted
through the Municipal Commissioner of concerned Municipal Corporation or
Municipality, as the case may be, within 45 days from the date of declaration of the
result.

222
 In this regard the attention of all political parties and contesting candidates is,
hereby, drawn to the provisions of section 171 of the Indian Penal Code which reads
as follows:
“171 H. IPC Illegal payments, in connection with an election:-
whoever, without the, general or special, authority in writing of a candidate, incurs or
authorises expenses on account of the holding of any public meeting, or upon any
advertisement, circular or publication, or in any other way whatsoever for the
purpose of promoting or procuring the election of such candidate, shall be punished
with fine which may extend to five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding
the amount of ten rupees without authority, obtains within ten days from the date on
which such expenses were incurred the approval in writing of the candidate, he shall
be deemed to have incurred such expenses with the authority of the candidate”.

Thus, from the above provision of law, it may be noted that the expenditure
incurred by the supporters in connection with election of a candidate, without the
knowledge or consent of the contesting candidate, is a criminal offence under the
above law and persons, supporters, political parties, body or associations are liable
for prosecution. And if such expenditure has been incurred, with the knowledge or
with the consent of the candidate, then the same should be included in the account
of election expenses of the candidate.
II. Directions for Compliance:

1. In order to put effective curbs on the incurring or authorising of expenditure,

in violation of the statutory provisions of the above-referred section 171 H of the
Indian Penal Code and in the interests of free and fair electors, the State Election
Commission, in exercise of its powers under Article 243 ZA of the Constitution,
Section 617-B of GHMC Act, 1955 and Section 343-ZC of Municipalities Act, 1965,
hereby, directs as follows:

(i) No political party or any other association, body or individual, shall put up any
cut-outs, hoardings, wall paintings, flags, banners, buntings, advertisements in
newspapers, electronic media etc., without the general or special authority (in
writing) of the candidate whose election is sought to be promoted by such cut-outs,
hoardings, etc., as is statutorily and mandatorily required under Section 171 H of the
Indian Penal Code. Strict penal action against those offending the above provisions
of law shall be taken and prosecutions launched against them.

(ii) Subject to clause (iii) below, a political party or association or body may put
up any cut-outs, hoarding, etc., referred in clause (i) above as part of its general
propaganda, which is distinguishable from its election campaign for the promotion of
the election of a particular candidate. For example if the poster, banner etc. appeals
to the voter to vote for a party in words or picture or photo of party office bearers
only then it is a case of general publicity. But if a poster, banner etc. also appeals to
vote for a particular candidate in words or picture or photo then the cost thereof
should be counted towards the expenditure of that candidate. If there is more than
one candidate promoted in the propaganda, then the expenditure shall be shared
amongst them.

223
(iii) No political party, contesting candidate, association, body or individual shall
put up any cut-outs, hoarding etc., either under clause (i) or under clause (ii) above,
unless prior written permission of the concerned Government authorities or local
authorities like Municipality and Municipal Corporation has been obtained under the
relevant local laws before putting up such cut-outs, hoarding etc.

(iv) Before granting any permission as envisaged in clause (iii) above, the
concerned Government authorities or the local authorities mentioned above shall
thoroughly examine the applications of the parties, association, bodies or individuals
with a view to satisfying themselves that the putting up of such cut-outs, hoardings
etc., on the proposed site does not compromise the safety and security of the
general public and does not result in traffic and other hazards in any manner
whatsoever. Such authorities shall also examine whether any authorisation from a
particular candidate is required by the applicant in terms of clause (i)&(ii) above and,
if so, whether such authorisation has been obtained by the applicant.

(v) It shall be the responsibility of the Government authorities and local

authorities mentioned above to ensure that no cut-outs, hoardings etc., are put up
by any political party, association, body or individual on any highways, road-sides,
traffic intersection and crossings, government buildings and property, like electricity
and telephone poles, etc., without prior written permission of the concerned
department or local body and the written authorization of the candidate, where
required, as mentioned above. Any cut-out, hoardings, etc. which have been put up
without the required permission and authorization should be got
removed/demolished forthwith at the cost of the party, association, body or
individual responsible for the unauthorised putting up of the same.

(vi) Penal action shall also be initiated forthwith against such defaulting parties,
associations, bodies or individuals by the Enforcement authorities under section 171
H, IPC and sections 4 and 5 of “Telangana Prevention of Disfigurement of Open
Places and Prohibition of Obscene and Objectionable posters and Advertisements
Act, 1997 (Act 28 of 1997)” the provisions whereof have been violated by the putting
up of such unauthorised cut-outs, hoardings etc.

(vii) If any such instances either come, or are brought, to the notice of the election
expenditure observer, District Election Authorities, Returning Officers or other
authorities concerned with the conduct of elections, including the Police authorities,
they shall forthwith take up the matter for prompt action as directed in clauses (v)
and (vi) above.

2. The Commission, hereby, warns all concerned that any violation of the above
directions will be viewed seriously by the Commission and most stringent action
possible under the law will be taken against the parties, associations, bodies or
individuals responsible for such violations.

3. If any Officer is found to have failed to take prompt and expeditious action as
envisaged above, he will render himself liable to strict disciplinary action for failure to
discharge the official duty.

224
4. Concurrent monitoring during election campaign:
(i) The State Election Commission directs that for concurrent monitoring the “day
to day basis” true account of expenditure in Proforma-III should be submitted every
day to the authorities designated by the State Election Commission by the
candidate/election agent or by messenger personally or by post. These authorities
shall see that the day to day accounts of expenditure submitted are published and to
make them available to anybody who intends to verify them.
(ii) In connection with ordinary/casual elections to Municipal Bodies in the State,
the Commission, hereby, designates the following authorities for the inspection and
scrutiny of the day to day expenses during campaign period.

Name of the office of election Authority designated

Ward Members of Municipal Returning Officers
Corporations.
Ward Members of Municipalities. Election Officer

The election expenditure observers will also undertake inspection and scrutiny of all
the expenditure accounts constantly.

(iii) With a view to minimise the possibility of contesting candidates, their

supporters, political parties, bodies or associations incurring expenditure in excess of
the ceilings prescribed by the State Election Commission, it is felt necessary that the
daily returns of expenditure should be made transparent by making them available to
the public and the other contesting candidates, who, can help the Election
Commission to effectively check the veracity of the returns with actual expenditure
being incurred by the contesting candidates and their supporters. It is, therefore,
decided that the designated officers should make photo copies of these returns and
provide the same to other contesting candidates, any member of the public or Non-
Governmental Organisation, on demand and on payment of xeroxing charges or a
certified copy as per Section 76 of the Indian Evidence Act, 1872 and to the media,
free of cost, so as to enable them to assist the Election Commission in effectively
implementing the ceilings imposed on the expenditure to be incurred by the
contesting candidates for various offices. The Commission is of the considered
opinion that this exercise in bringing transparency in election expenditure will
enhance the purity of elections and help in conduct of free and fair elections.

5. Final Expenditure Account:

The final return of election expenditure within the format and proformae
prescribed in the notification cited shall be submitted by the contesting candidates
through the Municipal Commissioner of concerned Municipal Corporation or
Municipality, as the case may be, within 45 days from the date of declaration of the
results of the Office for which they had contested. The Municipal Commissioner shall
forward all returns received by him to the District Election Authority immediately on
the expiry of forty-five days from the date of declaration of the results of elections.
The Collector & District Election Authority shall make these returns public and take
up follow up action as per rules 93, 94 and 95 of Telangana Municipal Corporation
225
(Conduct of Election of Members) Rules, 2005.

The Collector & District Election Authority shall also take follow up action in
respect of candidates who failed to lodge election expenditure accounts within the
stipulated time and in the manner required by or under the GHMC Act, 1955 and
Telangana Municipalities Act, 1965 as the case may be, as per the procedure
envisaged in sub rules (2) and (8) of Rule 95 of Telangana Municipal Corporation
(Conduct of Election of Members) Rules, 2005. The report would be considered ‘in
the manner required’ by or under the GHMC Act, 1955 and TM Act, 1965, as the case
may be, only when
(i) The Expenditure Account should be complete and true. An expenditure report
which does not contain all the expenditure incurred will be considered incomplete
and untrue and would be acted upon as per the provisions of the Acts and Rules.
(ii) An expenditure Account that is in the format & Proformae prescribed by the
SEC in notification No.1079/TSEC-L/2018, dt.20.12.2018 (copy enclosed) will only be
treated as being in the manner required by or under the GHMC Act, 1955 and TM
Act, 1965, as the case may be. Any divergence from the format & proformae will be
treated as non submission and suitable action initiated against the concerned.
The election authorities relating to Municipal Corporation and Municipality

elections are directed to furnish a copy of these instructions to the contesting

candidates under acknowledgement.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)

Sd/- M. Ashok Kumar

Secretary
TSEC
To
1. The Election Authority & Commissioner of GHMC, Hyderabad.
2. The E A & Commissioner & Director of Municipal Administration, Telangana,
Hyderabad.
3. All the District Collectors & District Election Authorities in the State.
4. All the Commissioners of Municipal Corporations and Municipalities in the State.
5. All the Deputy Commissioners of GHMC.
6. The Regional Directors-cum-Appellate Commissioners of Municipal Administration,
Hyderabad and Warangal.

Copy to the Secretary to Government, MA & UD Dept., Telangana, Secretariat, Hyd.

226
 ANNEXURE-39

TELANGANA STATE ELECTION COMMISSION

th
5 Floor, DTCP Building, Opp: PTI Building, A.C.Guards,
Hyderabad – 500 004.

No.409/TSEC-ULBs/2015-1 Dated:30.12.2015

NOTIFICATION

In exercise of the powers conferred by Article 243-ZA of the

Constitution of India and section 343-ZC (3) of the Telangana Municipalities
Act, 1965 and section 617-B (3) of the Greater Hyderabad Municipal
Corporation Act, 1955 read with Section 14 of Telangana Municipal
Corporations Act, 1994, and in supersession of Notification issued earlier in
Ref. No. 409/TSEC-ULBs/2015, dated 02.07.2015, hereby, specifies in
column (2) of the table below the maximum of the election expenditure
which can be incurred by each contesting candidate for the directly
elected posts indicated in Column (1) thereof in connection with the
elections to Municipal Bodies:

Maximum Election Expenditure

that can be incurred by each
Name of the post candidates
(in Rs.)
(1) (2)
Ward Member, Greater Hyderabad Municipal Rs. 5,00,000/-
Corporation
Ward Member of any Municipal Corporation Rs. 1,50,000/-
other
than Greater Hyderabad Municipal
Corporation
Ward Member of a Municipality or Nagar Rs. 1,00,000/-
Panchayat

Sd/- V. NAGI REDDY

STATE ELECTION COMMISSIONER
To
1. The Commissioner & Spl. Officer and Election Authority, Greater Hyderabad
Municipal Corporation.
2. Commissioners of all the Municipal Corporations.
3. Commissioners of all the Municipalities/ Nagar Panchayats.
4. All the Collectors & District Election Authorities.
5. All the ZCs and DCs and Returning Officers, GHMC (through the EA&C&SO,
GHMC).
6. All the ROs/EOs/ of other Municipal Bodies other than GHMC.
7. The Commissioner & Director of Municipal Administration & Election
227
 Authority, Telangana.
8. All the General and Expenditure Observers (through the Election
Authority)
Copy to
1. The Spl. Chief Secretary to Government, MA&UD, Department,
Telangana
2. All the Political Parties.

***

228
 ANNEXURE – 40

FORM – XXI
[See rule 35]

PART – I
BALLOT PAPER ACCOUNT

Election to the Office of Member of the Municipal Corporation of ……......……….. from

…………………………… Ward.

Number and Name of the Polling station...............................

Serial No (s)
Sl. No. Details Total No
From To
(1) (2) (3) (4) (5)
1 Ballot Papers Received xxx xxx xxx
Ballot Papers unused (i.e. not issued to
Voters)
(a) With the signature of Presiding Officer xxx
2
(b) Without the Signature of Presiding
xxx
Officer
(c) Total (a)+(b) xxx
Ballot Papers used at the Polling Station (1-
3 xxx
2)
Ballot Papers used at the Polling Stations
but not inserted into the Ballot Box
(a) Ballot Paper cancelled for violation of
xxx
voting procedure under Rule 29
4
(b) Ballot Papers cancelled for other reasons xxx
(c) Ballot Papers used as Tendered Ballot
xxx
Papers
Total (a+b+c) xxx
Ballot Papers to be found in the Box
5 (3-4) xxx
* Serial Number need not be given

Date : Signature of Presiding Officer

229
 PART – II

RESULT OF COUNTING

…………………………………………………………………………………………
Name of the Candidate Number of valid votes cast
…………………………………………………………………………………………
1.
2.
3.
4. etc.,
………………………………………………………………………………………….
II. Rejected Ballot papers
…………………………………………………………………………………………
III. Total
…………………………………………………………………………………………
Whether the total number of ballot papers shown against item No.III above tallies with
the total shown against item No.5 Part – I or any discrepancy noticed between these two
totals.
…………………………………………………………………………………………

Place :
Date :
Signature of Counting Supervisor

Signature of the Returning Officer

230
 ANNEXURE –41

PRESIDING OFFICER’S DIARY

ORDINARY/ CASUAL ELECTIONS TO ULBs, 20......
(Where Ballot Boxes are used)
1 No. & Name of the Ward :
Name of the Municipality/ Mpl. Corporation
2 :
and District
3 Date of Poll :
Polling Stations
Number & Name of the polling station :
Whether located in-
4
(i) Government or quasi-government building;
(ii) Private building;
(iii) Temporary structure;
Polling officers
(i) Number of polling officers recruited locally, if
:
any
5
(ii) Appointment of polling officer made in the
absence of duly appointed polling officer, if any, :
and the reasons for such appointment
Ballot Boxes
(i) Number of ballot boxes used :
6
(ii) used Ballot Box Sl.No. (engraved) :
(iii) used Ballot Box Sl.No.(assigned)
Paper Seals :
(i) Number of paper seals used supplied & their
7
serial numbers
(ii) No. of paper seals used & their serial numbers :
Polling Agents
(i) No. of Candidates Contesting
(ii) Number of candidates who had appointed
polling agents at the polling stations
8 (iii) Number of Polling Agents present at the
commencement of poll
(iv) Number of polling agents who arrived late
(v) Number of Polling Agents present at the
close of poll
Ballot Papers
(i) Number of ballot papers issued to voters
:
according to marked copy of the electoral roll
9
(ii) Number of ballot papers actually issued at the
polling stations (including tendered ballot :
papers, cancelled ballot papers, etc.)

Signature of first Polling Officer

Signature of Polling Officer
231
 in-charge of ballot papers
Number of electors who voted (tendered votes
:
should not be included here)
Men :
10
Women :
Others :
Total :
Challenged vote-
(i) Number allowed
( i.e. where the challenge was upheld and :
the persons were not allowed to vote )
(ii) Number rejected
11
( i.e. where the challenge was rejected :
and the voters were allowed to vote )
(iii) Amount forfeited Rs.
{This should tally with the figure obtained :
by multiplying ( Rs.5 with item (ii)}
Number of persons who have voted on production
12 :
of Election Duty Certificate (EDC)
Number of electors who voted with the help of
13 :
companions
Number of tendered votes :
Men :
Women :
14
Others :
Total :
% of tendered votes to total votes polled :
15 No. of electors-
(i) from whom declarations as to their age is
obtained :

(ii)who refused to give such declaration

:
Whether it was necessary to adjourn the poll and :
16
if so, the reasons for such adjournment

232
 Number of votes cast
From 7 a.m. to 9 a.m. :
From 9 a.m. to 11 a.m. :
17
From 11 a.m. to 1 p.m. :
From 1 p.m. to 3 p.m. :
From 3 p.m. to 5 p.m. :
Number of slips issued at the closing hour of the
:
poll to electors standing in the queue
18
Time at which poll finally closed after the last
such elector cast his/ her vote
Electoral offences occurred during the poll
with details

Number of cases of-

(a) canvassing within one hundred metres of
:
the polling station
19
(b) impersonation of voters :
(c) fraudulent defacing, destroying or removal
of the list of notice or other document at :
the polling station.
(d) bribing of voters :
(e) intimidation of voters and other persons :
Was the poll interrupted or obstructed by-
(a) riot :
(b) open violence :
(c) natural calamity :
20
(d) booth capturing :
(e) any other cause :
Please give details of the above. :

Was the poll vitiated by –

(1) any ballot box used at the polling station :

having been unlawfully taken out of the
custody of the Presiding Officer
21 (a) accidentally or intenti006Fnally lost or :
destroyed
(b) damaged or tampered with :
(2) the ballot papers having been unlawfully :
marked by any person and deposited in
the ballot box.
Please give details :

233
 Serious complaints, if any, made by the
22 :
candidate/agents

Number of cases of breach of law and order

23 :
occurred

Report of mistakes and irregularities committed, if

24 any, at the polling station during polling :

Place:
Date:
Presiding Officer

This diary should be forwarded to the Returning Officer/ Election Officer along with
the ballot boxes and other sealed papers.

234
 ANNEXURE – 42

TELANGANA STATE ELECTION COMMISSION

st
1 Floor, DTCP Building, Opp: PTI Building, A.C. Guards, Hyderabad – 500
004.

NOTIFICATION

No.04/TSEC-PR/2018, Dated:16.02.2018

WHEREAS, the Telangana State Election Commission is constituted to ensure

free, fair and periodical elections to Local Bodies;
AND WHEREAS, it has come to the notice of the State Election Commission
that, in some areas impersonation is resorted to by unscrupulous elements with the
backing of those who want to breach the election law to achieve their political ends;
AND WHEREAS, the genuine elector whose vote has already been cast is
intimidated not to demand a tendered vote and in some cases the voter himself goes
back not knowing that he has a right to cast a tendered vote or he does not exercise
this right since he may feel that, the casting of a tendered vote is of no use as it will
not be counted;
AND WHEREAS, in the present election process the vote of an imposter is
counted and the vote of a genuine elector is ignored, thus polluting the purity of
elections;
AND WHEREAS, this pernicious practice of impersonation is going scot free as
there is no matching deterrent to those who encourage or indulge in such a
nefarious practice;
AND WHEREAS, the Telangana State Election Commission issues orders from
time to time, specifying alternative documents for establishing the voter identity in
cases where EPICs are not available, so as to prevent impersonation in elections to
Local Bodies;
AND WHEREAS, the Telangana State Election Commission has also issued
instructions to publish Photo Electoral Rolls for all Local Body elections.
AND WHEREAS, the Telangana State Election Commission also issued
instructions to the Election Authorities to distribute Photo Voter Slips to voters to
facilitate the polling personnel to curtail the scope for impersonation.
The State Election Commission is of the opinion that, even after following above
practices to curb the evil of impersonation, there still may be some chance for it’s
occurrence. Now, with a view to deny even minutest opportunity to any such
offenders, the State Election Commission, in exercise of the powers conferred by
Article 243-K read with the article 243-ZA of the Constitution of India, hereby, orders
that -
1. The Returning Officers/ Election Officers for elections to Local Bodies
concerned, shall, on the conclusion of the poll, report forthwith to the State
Election Commission, through Election Authority, GHMC or District Election
Authority concerned as the case may be, the polling stations where,

235
 tendered votes constitute more than Zero Point One percent
(0.1%) of the total number of votes polled;

2. After sending such report, the Returning Officers/ Election Officers

concerned shall not open the ballot boxes/EVMs and shall not count the
votes pertaining to the polling stations referred to in their report, until
further orders from the Commission;
3. On receipt of such report, and on obtaining such further information as it
deems necessary, it shall be competent for the State Election Commissioner
to order a repoll in such Polling Stations;
4. Where a repoll is ordered under this order, the normal procedure for repoll
shall be followed; and
5. The Returning Officers/Election Officers shall give wide publicity to this
order, with a view to educate the contesting candidates and motive the
voters to demand for a tendered vote and to avail the facility whenever
impersonation takes place. It is possible to negate the fraudulent
impersonation only when the facility of tendered vote is exercised;

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)

Sd/- M. Ashok Kumar

SECRETARY

To
The Election Authority and Commissioner of Panchayat Raj & Rural Employment,
Telangana Hyderabad.
The Election Authority and Commissioner, GHMC, Hyderabad.
The Election Authority and Commissioner & Director of Municipal Administration,
Telangana, Hyderabad.
All the District Collectors and District Election Authorities in the State.
All the Chief Executive Officers of Zilla Praja Parishads.
All the District Panchayat Officers.
All the Commissioners of Municipal Corporations and Municipalities.

Copy to
The Prl. Secretary to Government, PR & RD Dept., Telangana, Hyderabad.
The Secretary to Government, MA & UD Dept., Telangana, Hyderabad.
The Observers.
All the Political Parties.
The Press.

236
 ANNEXURE-43

TELANGANA STATE ELECTION COMMISSION

st
1 Floor, DTCP Building, A.C. Guards, Hyderabad – 500 004.

ORDER
No.663/TSEC-ULBs/2017 Date:06.12.2018

Sub: TSEC – Elections to Urban Local Bodies – Compulsory identification

of electors – List of documents allowed to establish identity of elector
at the polling station – Instructions – Issued – Reg.
***

1. The Commission has been following the policy of compulsory identification of

electors by means of specified identification documents at elections to Urban Local
Bodies with a view to prevent impersonation of electors so as to make the right of
genuine electors to vote.

2. Under Rule 23(2) of Telangana Municipal Corporations (Conduct of Election

of members) Rules, 2005 and Rule 44(2) of Telangana Municipalities (Conduct of
Election of members) Rules 2005 stipulates that “Every elector shall produce identity
card issued to him/her under the provisions of the Registration of Electors Rules,
1960 made under the Representation of the Peoples Act, 1950 or any such document
as may be specified, by order, by the State Election Commission before the Presiding
Officer or the polling officer authorized by him in this behalf, in order to establish
his/her identity at the polling station”.

3. Now, after taking into account all relevant factors and legal and factual
position, in supersession of instructions issued earlier, the State Election Commission
hereby directs that all electors at the ensuing Ordinary/casual elections to Urban
Local Bodies, who have been issued EPICs shall have to produce these cards to
exercise their franchise when they come to the polling station for voting. Those
electors, who are not able to produce their EPICs, will have to produce any of the
following alternative photo identity documents for establishing their identity.

(I) Aadhaar Card;

(II) Passport;
(III) Driving License;
(IV) Service Identity Cards with photograph issued to its employees by State /
Central Governments, Public Sector Undertakings, Local Bodies or Public
Limited Companies;
(V) Passbooks with photographs issued by Public Sector Banks /TSCOB /
DCCBs/Post Office;
(VI) Income Tax Identity Card (PAN Card);
(VII) Smart Cards issued by the RGI under the scheme of National Population
Register (NPR);
(VIII) MNREGA Job Card (issued on or before the date of election notification);
(IX) Health Insurance Smart Card issued under the scheme of Ministry of + Labour
(issued on or before the date of election notification);

237
(X) Pension document with photograph such as Ex-serviceman’s Pension Book /
Pension Payment Order, Ex-serviceman’s widow / dependent certificates, Old
age Pension Order, Widow Pension Order with photograph (issued on or
before the date of election notification);
(XI) Identity Cards with photographs issued by the Secretariat of the Legislative
Assembly / Legislative Council to MLAs/MLCs.
(XII) Ration Cards with photographs (issued on or before the date of election
notification).
(XIII) SC/ST/BC Certificates issued by the competent authority with photographs
(issued on or before the date of election notification).
(XIV) Freedom Fighter Identity Cards with photographs.
(XV) Arms Licenses with photographs (issued on or before the date of election
notification).
(XVI) Certificate of Physical Handicap with photograph (issued by the competent
authority on or before the date of election notification).
(XVII) Identity Cards with photographs issued by the Secretariat of Lok Sabah /
Rajya Sabah to Members of Parliament.
(XVIII) Pattedar passbooks containing photographs (issued on or before the date of
election notification).

4. In the case of EPIC, minor discrepancies in the entries therein should be

ignored provided the identity of the elector can be established by the EPIC. If an
elector produces an EPIC, which has been issued by the ERO of another Assembly
Constituency, such cards shall also be accepted for identification provided the name
of that elector finds place in the electoral roll pertaining to the polling station where
the elector has turned up for voting. If it is not possible to establish the identity of
the elector on account of mismatch of photograph, etc. the elector shall have to
produce one of the alternative photo documents mentioned in above para of this
order.

5. The Order may be brought to the notice of the Returning Officers/Election

Officer and all Presiding Officers.

6. This Order should also be given wide publicity through print/electronic media
for information of the general public and electors and also be brought to the notice
of the contesting candidates.

7. The last four digits of the identification document should be mentioned in

column (4) of Form – XXI (Register of Voters) of Municipalities in case of Municipal
Corporations in column (4) of Form-XXXIV as the case may be. In the case of
electors voting on the basis of the EPIC, it is sufficient that the letters ‘EP’ (denoting
EPIC), is mentioned in relevant column as mentioned above in this para, and it is not
necessary to write down the number of the EPIC. However, in the case of those who
vote on the basis of any alternate documents, the type of the document produced
and the last four digits of the document serial number should be mentioned therein.

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8. All the Returning Officers /Election Officers shall be instructed to note the
implications of this Order and explain the contents thereof to all Presiding Officers
through special briefings. They should also ensure that a copy of this Order is
available with the Presiding Officers at all polling stations.

(BY ORDER AND IN THE NAME OF THE STATE ELECTION COMMISSIONER)

Sd/- M. Ashok Kumar

SECRETARY

To
The Commissioner, Election Authority, Greater Hyderabad Municipal Corporation
All the Collectors and District Election Authorities in the State.
All the Commissioners of Municipal Corporations, Municipalities
All the Deputy Commissioners of GHMC through Commissioner GHMC Hyderabad
All the Recognized and Registered Political Parties.

Copy to:.
The Commissioner & Director of Municipal Administration & Election Authority,
Telangana, Hyderabad.

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 ANNEXURE-44

PAPER SEAL ACCOUNT

For Election to the office of Member, Ward No. & Name................................

of......................……………Municipal Corporation/Municipality of
................................. District.

No. & Name of the Polling Station:…………………………………………………………………

PART – I

Serial number of ballot

Serial number of paper
box used (engraved / Remarks
seal used
painted no.)
(1) (2) (3)
1.
2.

PART – II
ACCOUNT OF PAPER SEALS

1. Serial numbers of paper seals supplied : From …………….. to …………..

2. Total numbers supplied :

3. Number of paper seals used with Sl.Nos. :

4. Number of unused paper seals

returned to *Returning/ Election Officer
(Deduct item 3 from item 2) with Sl.Nos. :
5. Number of damaged paper seals :
if any with Sl.Nos.

Date :
Place : Signature of Presiding Officer.

* Strike off whichever is in applicable.

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