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POSTAL BALLOT

PAPER

Prepared By :
ASHISH CHAKRABORTY
1
Voters entitled to vote by post
Relevant provisions of election law

Sec.20 of RP Act, 1950 – Sec. 60 of RP Act., 1951


Definition of Ordinary – Special provisions for
Resident certain classes of voters

Rule. 17, 18(a)&(c), 20-21 & 27B of CE Rules,


1961
2
Following class of electors can exercise their
voting right through Postal Ballot Paper (PB)

 Service Voters (including their wives) except


those Classified Service voters, as defined in Rule
27M of CE Rules 1961, who opted for proxy voting.

 Special Voters - (including their wives) who are


holding declared offices. [List of such declared offices is
given in footnote below at Sec. 20 of RP Act, 1950].

 Electors subjected to preventive detention under


any law .
3
Contd…
 Voters on election duty - These include
Presiding/Polling Officer, State Police personnel (other than
those who are on leave) , Observers and staff accompanying
them, Micro Observers, staff engaged in work related to
elections, such as videographers, staff of expenditure
monitoring teams, staff working in control room, helpline
staff, those appointed for dispatch and receiving of poll
material, EVM maintenance, BLOs, Drivers/Helpers etc.
actually employed on requisitioned vehicles also.

 Notified voters – In special circumstances such class of


persons is notified . By ECI under Sec. 60 (c) of RP Act 1951.
4
Design of postal ballot papers
Design of postal ballot papers (PB) (ECI direction
under R.22 of CE Rules, 1961 reproduced in ROs
handbook) :-
 It shall have counterfoil attached to it at the top.
 In election to House of People PB shall be printed
on White paper and for election to Legislative
Assembly on Pink paper.
 Width of PB shall be between 3" and 4".
5
Contd…
 Single column - up to 9 candidates – In case of
indivisible numbers of candidates, e.g. 11 candidates'
first six candidates will be shown in first column and
remaining 5 will be shown in second column, and
space at the end of second column for 12th candidate
will be completely shaded.

 Names of candidates shall be arranged in the same


order under 3 categories in which they appear in the
list of contesting candidates (Form 7A). However,
headings of categories should not appear in PBs.
6
Contd…
 Symbols will not be printed.
 Party affiliation, if any, shall be printed along with the
name of candidate.
 Party affiliation will be shown for the candidates set up
by all political parties (recognized and unrecognized
both).

 For independent candidates the word "Independent"


will be printed.

 PB will be printed both in official language of the State


and also in English where it is not official language of
the State/ UT.
7
Language of postal ballot paper
As per Direction issued by ECI under Rule 22 of CE
Rules 1961 –

i. Counterfoil in English only.


ii. Particulars of Candidates and party affiliation in
official language of the State and English both.
iii. Particulars in official language of the State will
appear first over those in English.
iv. Particulars of Constituency and election in ballot
paper will appear in English only.
8
Printing of postal ballot papers
DEO responsible for printing of PB for all ACs/ PCs
within the District.

i. In the first phase, printing of postal ballots for


service voters should be completed within 24
hours of withdrawal of candidatures.
ii. For other categories these should be printed in
2nd phase and within 72 hours of withdrawal.
iii. To be stitched in bundles of 50 ballot papers.
iv. Ensure that Serial number on postal ballot and
on its counterfoil are identical.

9
Dispatch of PB to service voters
• PB for the service electors will be centrally dispatched from
the District Head Quarters itself.

• The District Electoral Officer will appoint a suitable officer as


the Nodal Officer to supervise the entire process of
dispatching postal ballots to service electors.

• The DEO will co-ordinate with the senior officials of the Postal
Department to ensure that a team of postal department
officials receives covers containing the postal ballot papers
from that location itself and the ballots are sent to the right
address without any delay.
10
Contd…
• The details of postal ballots sent AC wise shall be
maintained in the form of a register giving the details and
the signature of the postal authorities shall be obtained
in the register.

• Each R.O shall depute a team of officers including an ARO


with details of Service Electors to whom PBs are to be
dispatched on the basis of the last part of the electoral
roll.

• Service voters, who opted for proxy voting, not to be


issued PB.

11
Contd…
• One of the Observers available in the district
headquarters shall personally monitor the entire
process of dispatch.
• Observer to send a detailed report to the
Commission as soon as the dispatch of postal ballots
meant for service voters is completed.
• The entire process must be video graphed.
• In advance keep ready addressed Envelopes for
(Forms 13-B and 13-C), complete Form 13-D
(instructions for guidance of electors) together with
blank Form 13-A (declaration by elector).
12
Contd…
• Enter the Part Number of roll and Sr. No. of the elector on the
counterfoil.

• Mark "PB" against the entry of elector in the marked copy of


last part of electoral roll.

• Sr. No. of postal ballots shall not be mentioned in the marked


copy of roll.

• Sr. No. of ballot to be written in ink correctly on the envelope


(Form 13-B) containing PB.

• Fill up the hour and date fixed for commencement of counting


of votes in the relevant space provided in Form 13D. 13
Contd…
• The covers in Form 13-B and 13-C for election to
House of People will be in Green color and for
Legislative Assembly in Pink color.
• Write "W" on the cover in 13-C in the case of
female voter.
• Postal Ballot Paper, Form 13-B & 13-C, Form 13-A
and Form 13-D as prepared will be put inside a
larger cover addressed to the service voter.
• Proper postage stamps should be affixed on
above larger cover.
• Separate larger cover for each elector, even in the
case of husband and wife.
14
Contd…
• Address/ particulars, on the covers must be clear and
proper. (otherwise the PB will come back undelivered)

• All larger covers addressed to service voters attached


to each record office will be put inside one packet and
the packet will be dispatched to record office by the
Postal Department Staff.

• For service voters employed under GoI in a post


outside India, these shall be sent by ordinary airmail
service.

• Voters, who have been issued PB, are not entitled to


vote in person at a PS.
15
References
• ECI letters No. 52/2008 JS-II dated 21st
October 2008.
• No. 52/2009/JSII SDR dated 4th February 2009.
• No.52/2009/SDR (JS-II) dated 25th March
2009.
• No.52/2012/SDR dated 13th August 2012.

16
Sealing of counterfoils and
marked copy of Rolls
I. Counterfoils of postal ballots, issued, shall be sealed by
RO in a packet.

II. Marked copy of last part of Electoral roll relating to


service voters, also to be sealed in separate packet.

III. Brief description of contents inside the packet with date


of recording to be mentioned on both these packets and
kept in safe custody of RO.

IV. These packets to be transmitted to DEO for safe custody


after declaration of result.

17
Return of polled PB from service
voters
 R.O. to give a daily report to the Observer
concerned when he starts receiving the polled
postal ballot papers from the service voters
indicating the cumulative number of such polled
PBs.

 When the Observers leave the constituency


after the poll is over they shall indicate the
number of postal ballots received till the date of
departure in their report to the Commission.
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Intimation by other categories of
voters to vote by post
 Except Service voters and Electors under
Preventive Detention (whose name and details
are furnished by the State Govt.) all other class of
electors eligible to vote by post have to be
intimate/ apply to the RO in Form-12 of CE Rules
1961 in advance for issue of Postal Ballot paper.

 Intimation by special voter at least 10 days


before poll. (R.19)
19
Intimation by electors under
Preventive Detention

In case of electors under preventive detention,


the Home department will communicate to RO
within 15 days after the date of notification of the
election- about the –

a. names and addresses of all such voters in the


AC

b. respective places where they are being so held.

20
Contd…
c. Elector may also send intimation to RO specifying
name, address, Part No. & Sr. No. in the roll and
place of detention.

d. In either case, before sending PB, it is to be


ensured that the name is entered in the roll and the
person is held under preventive detention.

21
Issue of postal ballots to other
categories
Special voters & electors under prevention detention :-

(i) PBs shall be sent by registered post, to special voters, (on


application in Form 12) and electors under preventive
detention along with :-

(a) Form of Declaration in Form - 13-A.


(b) A cover in Form 13-B (containing postal ballot paper)
(c) A cover addressed to the RO in Form 13-C (without
postage stamp)
(d) Instructions for the guidance of the elector in
Form 13-D.

22
Contd…
(ii) Above documents [at (a), (b), (c) and (d)] shall
be placed inside a larger cover. This cover should
be properly addressed and postage stamp shall
be affixed.
(iii) PB can be delivered personally to a special voter
in place of sending by post.
(iv) Postal ballots be issued as expeditiously as
possible.
(v) Write "W" on the cover in Form 13-C in case of
female voter.

23
Contd…
 Voters on election duty --
a. Sponsoring authorities to create a database of its employees
in which all electoral information of its employees – like
complete residential address where the staff is enlisted in
the electoral roll, No. & name of Assembly Constituency, Part
No. of relevant electoral roll and the serial number at which
the name is registered, EPIC No., name of polling station,
shall be incorporated.
b. The sponsoring authority to forward the list of its employees
to the CEO / DEO with the relevant information.
c. In case electoral information in respect of any polling official
is not received from the sponsoring authority, the RO has to
collect this information using web search and SMS query
facility.

24
Contd…
d. The RO should generate through software application
in Form-12 for all the employees who are issued call
letters for training and send pre-printed Forms to the
employees along with the call letter requesting them
to bring signed applications in Form-12 on the date of
the first training.
e. RO should keep ready postal ballot papers for issue to
all employees at the time of training.
f. One officer should be deputed by RO for issue of PB
and to maintain an account thereof.
g. Postal ballot papers not issued in the first training
shall be reissued on the subsequent training.
25
Contd…
h. The RO to keep all unissued pre-prepared PBs
after all trainings are over, in a separate
sealed cover with proper record of
employees who could not be issued postal
ballot papers.
i. These employees will be entitled to vote in
person in the normal course at the polling
station in which he is registered as an elector.

26
Facility for casting of votes to
other categories
 Voters on election duty --

i. Postal ballot papers shall be distributed to the polling


officials on the second round of training after
verification of ID.
ii. A facilitation centre with drop box shall be opened for
collection of postal ballot from polling personnel at the
training venue during all training sessions.
iii. One Gazatted officer shall remain present during
training sessions for verification of declaration in Form
13A.

27
Contd…
• Separate time should be allocated in the
training for explaining the procedure of
marking and depositing of postal ballot
papers.
• Time should also be given for employees to fill
up declaration in Form 13A, verification by
Gazetted officer, marking of postal ballot, and
depositing of postal ballot in the ballot box.

28
Contd…
• A ballot box shall be kept at the training
location, to facilitate employees to deposit
their postal ballots in this ballot box after
marking them.

(Kindly see Commission’s instructions No. 52/2012/SDR, dated


13/08/2012)

29
Postal Ballot for Police
Personnel on poll duty
• All police force from constable to DGP are
notified under Sec.28A of R.P.Act, 1951 as on
deputation to ECI during election period.
• On the basis of judgment of Hon’ble Madras
High Court dated 22.08.2012 in W.P. No.4783 of
2006 titled K. Shivakumar Vs. CEC & Ors. all
police personnel, except those on leave during
the election period, are treated as personnel on
election duty and hence entitled to vote by
Postal Ballot.

30
Contd…
a. State Police Deptt./ Superintendent of Police to
incorporate in the database of all police personnel all
electoral information of its staff -like complete
residential address, with PIN code, where the staff is
enlisted in the electoral roll, No. & name of Assembly
Constituency, Part No. of relevant electoral roll and
the serial number at which the name is registered,
EPIC No., name of polling station etc..
• This SP should be informed about the manner in which
the electoral information can be easily found out by
doing name search on the internet at website of CEO
and also by sending SMS query.

31
Contd…
• Have to submit application in Form-12 for availing
the facility of PB, within the period given in rule
20 of C.E. Rules, 1961.
• RO to ensure issue of postal ballot papers to all
police personnel whose application in Form-12
are received in time through SP. This can be
combined with training of police officer on poll
duty.
• SP should then organize a special facilitation
camp for police officers on poll duty for casting
postal ballots.

32
Contd…
• One Gazetted officer should be deputed for attestation of
the Form of Declaration in Form-13A made by elector to
whom PB is issued.

• Register should be maintained to keep correct account of


PBs issued.

• A ballot box shall be kept at the facilitation centre and


police officers who have been issued postal ballot should
be told to deposit a postal ballot in this box after marking
them.

(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012


and 16/10/2012)

33
Postal Ballot for Drivers/
Conductors and Cleaners
I. DEO to appoint a nodal officer for requisitioning of
vehicles for poll duty It shall be the duty of the nodal
officer to collect
II. information needed to issue postal ballots to
drivers/conductors/cleaners
III. of requisitioned vehicles. who shall collect
information from Vehicle owners about No. and name
of Assembly Constituency, EPIC no. and serial no. in
electoral roll, no. and name of polling station where
he is enrolled.
IV. Drivers/ Cleaners should bring their EPIC when they
report duty.

34
Contd…
V. One Officer well trained in the process of elector
search should be deputed.

VI. From the EPIC details of information, regarding


complete address no. and name of AC, Polling
Station where he is enrolled EPIC no. should be
entered in a register. He may also use search
facility.

35
Contd…

VII. The Nodal Officer shall get the signature of


Drivers/ Cleaners/ Conductors in Form 12 and
send to RO at least 7 days before poll date,
so that the RO issues postal ballots to them
and make enters of PB in the marked copy of
the roll

(Kindly see Commission’s instructions No.


52/2012/SDR, dated 13/08/2012)
36
Record of postal ballot papers
and EDCs
 (R. 20 (2) and 23 of CE Rules, 1961) :-

a. In the marked copy of roll "EDC" or "PB", shall be


marked against the name of such elector.
b. The counterfoils should be sealed in a separate packet
and kept in safe custody.
c. After marking "PB" or "EDC", in all cases, marked copy
of electoral roll to be sealed and be supplied to the
concerned Presiding Officers for the use at PS.
d. Serial number of PBs not to be mentioned in the
marked copy of roll.

37
Register of postal ballot papers
i. A Register of PB issued to persons drafted for
election duty to be maintained.

ii. A separate register to keep a record of issue


of PBs to all categories and PBs received
back.

iii. Format of account Register of PB issued to


voters on election duty given in next slide
38
ACCOUNT REGISTER OF POSTAL BALLOT PAPERS ISSUED TO PERSONS DRAFTED FOR ELECTION DUTY

Number and name of the Assembly Constituency::___________________________


Date of Training Session at which facilitation centre was provided____________________
(if there are more than one date, information may be maintained separately for each date)
Place of facilitation Centre________________________________________________________

Sl. Name of the Name and Whether the If yes, Date on Whether If yes, If no, whether Whether the
No Person drafted Number of person is Part which the person Signature of the RO has taken person voted
for election duty the Assembly registered as No. Postal collected the person action to deliver at the
and who has Constituency an elector in & Serial Ballot the Postal with date as the P.B at the facilitation
submitted in which the the Numbe Paper Ballot token of person’s centre
Form-12 for person is constituency r issued Paper in receipt address
Postal Ballot deployed on in Person of P.B. (Yes / No )
Paper election duty (Yes/No) Elector (Date of Delivery)
al (Yes/No)
Roll

1 2 3 4 5 6 7 8 9 10

39
Supply of second set of ballot
papers
Second postal papers along with connected
papers, may be issued only if –
a. it returned undelivered
b. elector has inadvertently spoilt it or any
connected paper in such a manner that it
cannot be used.
RO shall cancel the spoilt ballot papers so
returned, seal them in a packet and note the
Sr. No. of PB.
40
Return of postal ballot papers
i. Every day a designated officer should take all
the contents of the box, make necessary entries
in the Register.
ii. keep the register and the sealed covers of PBs
under proper lock and key.
iii. Entries in the register should be countersigned
by RO/ARO on each day.
iv. Polled PBs received back before
commencement of counting shall be treated as
received in time.

41
Contd…
v. PBs received late, i.e. after commencement of counting of
votes, not to be counted and must be rejected.

vi. Date and time of receipt to be noted on covers. Such entry


should be made in register also.

vii. Such rejected PBs not to be included in Form 20 and 21-E.

viii. To facilitate speedy return of postal ballot papers a special


box with secured locks, should be kept in the office of RO, so
that voters who have received PBs may come and drop in
that box their marked ballot papers.
42
Issue of E.D.C.
 {R. 22 (2) of CE Rules 1961 }

a. "Election Duty Certificate" in Form 12 B may be given


to Presiding Officers, Polling Officers and other public
servant posted on election duty within the same
constituency but in a different polling station and not
to a polling agent.
b. "EDC" on application in Form 12-A only.
c. "EDC" holders should not to be issued PB.
d. All persons on election duty to apply for PB rather
than EDC.

43
COUNTING OF
POSTAL BALLOT
PAPER

44
Counting of votes received by
post
Relevant provisions of election law
Sec.64 of R.P. Act, 1951 –
Done under the supervision and direction of
the RO.
Candidate/ election agent/ counting agents
have right to be present.
Rule.54A of C.E. Rules, 1961—
Counting of PBs to be taken up first.
45
steps to be taken for counting of
Postal Ballot Paper (PB)

 Cover in Form 13C ( containing PB) received


after expiry of time fixed for counting shall not be
opened.

 Covers in Form 13C received in time to be


opened one after another.

 The declaration in Form 13A to be scrutinsed


first.

46
Contd…
 Do not open (Form13B) containing the PB If
declaration in Form 13A not found inside Form 13 B.
 Reject the PB by making suitable endorsement
on the cover (Form13B) containing the PB.
 The declaration in Form 13A not to be treated as
proper declaration in following cases----
 Declaration is not signed by the elector;
 Declaration is not attested;
 Declaration is not attested by authorized person;
 The Sl. No. of ballot paper is different from the Sl.No.
written on the cover in Form 13B

47
continued….
 Do not open (Form13B) containing the PB
unless the declaration in Form 13A is found to
be proper.
The declarations in Form 13A not found in
order to be put back inside the respective
cover in Form 13C
 All such covers in Form 13C to be kept in a
separate packet and sealed

48
Procedure for counting of PBs
 Place all declarations in Form 13A found in order in a
separate packet and seal it before taking out the
polled PBs from the covers in Form 13B.
 Record name of the constituency, date of counting
and a brief description of its content on the packet.
 Now Open each Form 13B and take out the PB and
scrutinize to decide its validity.
 Repeat this exercise till all PBs are taken out from
their covers in Form 13B.

49
Grounds for rejection of PB
 If there is any mark or writing by which elector
can be identified.
 If no vote is recorded.
 If vote is given in favour of more than one
candidate.
 If vote is recorded in such a manner that it is
doubtful to which candidate it has been given.
 If it is a spurious Ballot Paper.
 If the PB is not put inside the cover in Form 13B
but kept with the declaration in Form 13A inside
the larger cover in Form 13C.
50
Grounds not sufficient for rejection of PB

The PB to be treated as valid if the intention of


the voter clearly appears from the way the Ballot
Paper is marked. There is not particular mark
prescribed by law for recording of vote.

Do not reject a PB on following grounds--

1) The mark indicating the vote is indistinct.


2) The mark is put more than once against the
same candidate .
51
Action after completion of
counting of PB
 record the total of valid votes polled in favour
of each candidate.
 record the total in the result sheet in Form 20
and announce the same.
 make a bundle of all the valid PBs.
 make a separate bundle of PBs rejected at the
time of counting.
 keep the two bundles of valid and rejected
PBs in a packet and seal it with seal of RO and
candidates etc.
52
Suggested Reading Material
(i) Sec.20 of the RP Act,1950
(ii) Section 60 and 64 of the RP Act, 1951
(iii) Conduct of Election Rules, 1961[Rule. 17,
18(a)&(c), 20-21 & 27B and 54A ]
(iv) RO's Hand Book
(v) Instructions of ECI--
– ECI letters No. 52/2008 JS-II dated 21.10.2008.
– No. 52/2009/JSII SDR dated 04.02. 2009 and 25.03.2009
– No.52/2012/SDR dated 13.08.2012 and 16.10.2012

53
THANK YOU

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