Conduct of Elections Rules, 1961

Public notice of intended election :

The public notice of an intended election referred to in section 31 shall be in Form 1 and shall, subject to any direction of the Election Commission, be published in such manner as the returning officer thinks fit. 

Nomination paper :

Every nomination paper presented under sub-section (1) of section 33 shall be completed in such one of the Forms 2A to 2E as may be appropriate:

Provided that a failure to complete or defect in completing, the declaration as to symbols in a nomination paper in From 2A or Form 2B shall not be deemed to be defect of a substantial character within the meaning of sub-section (4) of section 36 

Symbols for elections in parliamentary and assembly constituencies :

1. The Election Commission shall, by notification in the Gazette of India, and in the Official Gazette of each State, specify the symbols that may be chosen by candidates at elections in parliamentary or assembly constituencies and the restrictions to which their choice shall be subject.

2. Subject to any general or special direction issued by the Election Commission either under sub-rule (4) or sub-rule (5) of rule 10, where at any election], more nomination papers than one are delivered by or on behalf of a candidate, the declaration as to symbols make in the nomination paper first delivered, and no other declaration as to symbols, shall be taken into consideration under rule 10 even if that nomination paper has been rejected. 

Notice of nomination :

The notice of nominations under section 35 shall be in such one of the Forms 3A of 3C as may be appropriate.

List of validly nominated candidates :

1. The list of validly nominated candidates referred to in sub-section (8) of section 36 shall be in Form 4. 

2. The name of every such candidate shall be shown in said list as it appears in his nomination paper: 

Provided that if a candidate considers that his name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different form the name by which he is popularly known, he may, at any time before the list of contesting candidates is prepared, furnish in writing to the returning officer the proper form and spelling of his name and the returning officer shall, on being satisfied as to the genuineness of the request, make the necessary correction or alteration in the list in Form 4 and adopt that form and spelling in the list of contesting candidates. 

Notice of withdrawal of candidature :

1. A notice of withdrawal of candidature under sub-section (1) of section 37 shall be in Form 5 and shall contain the particulars set out therein; and on receipt of such notice, the returning officer shall note thereon the date and time at which it was delivered. 

2. The notice under sub-section (3) of section 37 shall be in Form 6. 

Preparation of list of contesting candidates :

1. The list of contesting candidates referred to in sub-section (1) of section 38 shall be in Form 7A or Form 7B as may be appropriate and shall contain the particulars set out therein and shall be prepared in such language or languages as the Election Commission may direct. 

2. If the list is prepared in more languages than one, the names of candidates therein shall be arranged alphabetically according to the script of such one of those languages as the Election Commission may direct. 

3. At an election in a parliamentary or assembly constituency, where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special direction issued in this behalf by the Election Commission, -

1. allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and 

2. If more contesting candidates than one have indicated their preference for the same symbol decide by lot to which of such candidates the symbol will be allotted. 

4. The allotment by the returning officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the Election Commission in this behalf in which case the Election Commission may revise the allotment in such manner as it thinks fit. 

5. Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the returning officer. 

Publication of list of contesting candidates and declaration of result in uncontested election :

1. The returning officer shall, immediately after its preparation, cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office and where the number of contesting candidates is equal to, or less than, the number of seats to be filled, he shall, immediately after such affixation, declare under sub-section (2) or as the case may be, sub-section (3) of section 53 the result of the election in such one of the Forms 21 to 21B as may be appropriate and send signed copies of the declaration to the appropriate authority, the Election Commission and the chief electoral officer. 

2. If a poll becomes necessary under sub-section (1) of section 53, the returning officer shall supply a copy of the list of contesting candidates to each such candidates or his election agent, and then shall also publish the list in the Official Gazette.

Appointment of election agent :

1. Any appointment of an election agent under section 40 shall be made in Form 8 and the notice of such appointment shall be given by forwarding the same in duplicate to the returning officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.

2. The revocation of the appointment of an election agent under sub-section (1) of section 42 shall be made in Form 9. 

Appointment of polling agents :

1. The number of polling agents that may be appointed under section 46 shall be one agent and two relief agents. 

2. Every such appointment shall be made in Form 10 and shall be made over to the polling agent for production at the polling station or the place fixed for the poll, as the case may be. 

3. No polling agent shall be admitted into the polling station or the place fixed for the poll unless he has delivered to the presiding officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the presiding officer the declaration contained therein.

Revocation of the appointment of a polling agent :

1. The revocation of the appointment of a polling agent under sub-section (1) of section 48 shall be made in Form 11 and lodged with the presiding officer. 

2. In the event of any such revocation the candidate or his election agent may, at any time before the poll in closed, make a fresh appointment in the manner specified in rule 13 and the provisions of that rule shall apply to every such agent. 

Persons entitled to vote by post :

The following persons shall, subject to their fulfilling the requirements hereinafter specified, be entitled to vote by post, namely :-

1. at an election in a parliamentary or assembly constituency - 

1. special voters;

2. service voters;

3. voters on election duty; and

4. electors subjected to preventive detention; 

2. at an election in a council constituency – 

1. voters on election duty;

2. electors subjected to preventive detention; and

3. electors in the whole or any specified parts, of the constituency if directed by the Election Commission in this behalf under clause (b) of rule 68; 

3. at an election by assembly members – 

1. electors subjected to preventive detention; and

2. all electors if directed by the Election Commission in this behalf under clause (a) of rule 68.

Intimation by special voters :

A special voter who wishes to vote by post at an election shall send an intimation in Form 12 to the returning officer so as to reach him at least ten days before the date of poll; and on receipt of the intimation the returning officer so as to reach him at least ten days before the date of poll; and on receipt of the intimation the returning officer shall issue a postal ballot paper to him.

Intimation by voters on election duty :

1. A voter on election duty who wishes to vote by post at an election shall send an application in From 12 to the returning officer so as to reach him at least seven days or such shorter period as the returning officer may allow before the date of poll; and if the returning officer is satisfied that applicant is a voter on election duty, he shall issue a postal ballot paper to him. 

2. Where such voter, being a polling officer, presiding officer or other public servant on election duty in the constituency of which he is an elector, wishes to vote in person at an election 3[in a parliamentary or assembly constituency] and not by post, he shall send an application in Form 12A to the returning officer so as to reach him at least four days, or such shorter period as the returning officer may allow, before the date of poll; and if the returning officer is satisfied that the applicant is such public servant and voter on election duty in the constituency, he shall – 

1. issue to the applicant an election duty certificate in Form 12B,

2. mark "EDC" against his name in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him, and

3. ensure that he is not allowed to vote at the polling station where he would otherwise have been entitled to vote.