FREQUENTLY ASKED QUESTIONS(FAQ)
Election Machinery
Q 1. Which authority conducts elections to the offices of the President and Vice-President of India?
Ans. Election Commission of India (ECI)
Under Article 324(1) of the Constitution of India the Election Commission of India, inter-alia, is vested with the power of superintendence, direction and control of conducting the elections to the offices of the President and Vice-President of India. Detailed provisions are made under the Presidential and Vice Presidential Elections Act, 1952 and the rules made there under.
Q 2. Which authority conducts elections to Parliament?
Ans. Election Commission of India (ECI)
The same Article 324 also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of Parliament. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made there under.
Q 3. Which authority conducts elections to the State Legislative Assemblies and Legislative Councils ?
Ans. Election Commission of India (ECI)
Article 324 (1) also vests in the Commission the powers of superintendence, direction and control of the elections to both Houses of the State Legislature. Detailed provisions are made under the Representation of the People Act, 1951 and the rules made there under.
Q 4. Which authority conducts elections to Corporations, Municipalities and other Local Bodies?
Ans. The State Election Commissions (SECs)
The State Election Commissions constituted under the Constitution (Seventy-third and Seventy-fourth) Amendments Act, 1992 for each State / Union Territory are vested with the powers of conduct of elections to the Corporations, Muncipalities, Zilla Parishads, District Panchayats, Panchayat Samitis, Gram Panchayats and other local bodies. They are independent of the Election Commission of India.
Q 5. What is the present composition of the Election Commission?
Ans. A Three - Member Body
At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.
Q 6. Has the Election Commission been a multi-member body from the beginning?
Ans. No.
It was not a multi member body from the beginning. It was a single - member body when it was first set up in 1950 and up to 15th October, 1989 with only the Chief Election Commissioner. From 16th October, 1989 upto the 1st January, 1990, it became a three-member body with Shri R.V.S.Peri Sastri (C.E.C) and Shri S.S.Dhanoa and Shri V.S.Seigell as Election Commissioners. From 2nd January, 1990 to 30th September, 1993, it was a single-member Commission and again from 1st October, 1993 it has become a three-member Commission.
Q 7. What is the status Chief Election Commissioner and the Election Commissioners in terms of salaries and allowances etc.?
Ans. Equivalent to Supreme Court Judges.
The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India as provided for by the Chief Election Commissioner and other Election Commissioners (Conditions of Service )Rules, 1992
Q 8. What is the term of office of the Chief Election Commissioner? Is it different from the Election Commissions?
Ans. Equivalent to Supreme Court Judges.
The Chief Election Commissioner or an Election Commissioner holds office for a term of six years from the date on which he assumes his office. However, where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate his office on the date on which he attains sixty-five years of age.
Q 9. When the Commissioner becomes a multi-member Commission, how are the decisions taken, whether by majority or by consensus?
Ans. Section 10 of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act, 1993 is reproduced below :-
(1) The Election Commission may be by unanimous decision, regulate the procedure for transaction of to business as also allocation of its business amongst the Chief Election Commissioner and their Election Commissioners.
(2) Save as provided in sub section (i) all business of the Election Commission shall, as far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-section (ii), if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority.
Q 10. Who appoints the Chief Election Commissioners and Election Commissioners?
Ans. The President
Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the Chief Election Commissioner and the Election Commissioners.
Q 11. Who fixes the number of Election Commissioners (other than Chief Election Commissioner)?
Ans. The President
Article 324(2) also empowers the President of India to fix from time to time the number of Election Commissioners other than the Chief Election Commissioner.
Q 12. Who supervises the election work in a State?
Ans.The Chief Electoral Officer (CEO).
As per section 13A of the Representation of the People Act 1950, read with section 20 of the Representation of the People Act, 1951, the Chief Electoral Officer of a State/ Union Territory is authorised to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.
Q 13. Who appoints the Chief Electoral Officer?
Ans. . Election Commission of India (ECI)
The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.
Q 14. Who supervises the election work in a District?
Ans. The District Election Officer (DEO)
As per section 13AA of the Representation of the People Act 1950, subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer supervises the election work of a district.
Q 15. Who appoints the District Election Officer?
Ans. Election Commission of India (ECI).
The Election Commission of India nominates or designates an Officer of the State Government as the District Election Officer in consultation with the State Government.
Q 16. Who is responsible for the conduct of elections in any Parliamentary or Assembly constituency?
Ans. Returning Officer (RO)
The Returning Officer of a parliamentary or assembly constituency is responsible for the conduct of elections in the parliamentary or assembly constituency concerned as per section 21 of the Representation of the People Act 1951.
Q 17. Who appoints the Returning Officer?
Ans.Election Commission of India (ECI)
The Election Commission of India nominates or designates an officer of the Government or a local authority as the Returning Officer for each of the assembly and parliamentary constituencies in consultation with the State Government/Union Territory Administration. In addition, the Election Commission of India also appoints one or more Assistant Returning Officers for each of the assembly and parliamentary constituencies to assist the Returning Officer in the performance of his functions in connection with the conduct of elections
Q 18. Who is responsible for the preparation of electoral rolls for a Parliamentary or Assembly Constituency?
Ans.Electoral Registration Officer (ERO)
The Electoral Registration officer is responsible for the preparation of electoral rolls for a parliamentary / assembly constituency.
Q 19. Who conducts the poll at a polling station?
Ans.Presiding Officer
The Presiding Officer with the assistance of polling officers conducts the poll at a polling station.
Q 20. Who appoints the Electoral Registration officer?
Ans.Under section 13B of the Representation of the People Act, 1950, the Election Commission of India, in consultation with the State / UT Government, appoints an Officer of the Government or the Local Authorities as the Electoral Registration Officer. In addition, the Election Commission of India also appoints one or more Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the performance of his functions in the matter of preparation / revision of electoral rolls.
Q 21. Who appoints Presiding Officers and Polling Officers?
Ans.District Election Officer (DEO)
Under section 26 of the Representation of the People Act 1951, the District Election Officer appoints the Presiding Officers and the Polling Officers. In the case of Union Territories, such appointments are made by the Returning Officers.
Q 22. Who appoints Observers?
Ans.Election Commission of India (ECI)
Under section 20B of the Representation of the People Act 1951, the Election Commission of India nominates officers of Government as Observers (General Observers and Election Expenditure Observers) for parliamentary and assembly constituencies. They perform such functions as are entrusted to them by the Commission. Earlier, the appointment of Observers was made under the plenary powers of the Commission. But with the amendments made to the Representation of the People Act, 1951 in 1996, these are now statutory appointments. They report directly to the Commission.
Parliament
Q 1. What is the composition of Parliament of India ?
Ans.According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
Q 2. Who elects the President of India?
Ans.The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.
Q 3. What is the manner of election of President?
Ans.According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States inner as well as party between the States as a whole and the union the number of votes which each State is entitles to cast is determined as follows:-
(a) every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;
(b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
Q 4.What is the term of office of President?
Ans.The President shall hold office for a term of five years from the date on which he enters upon his office.
Q 5. Will there be any situation in which the President demits office before the five year term?
Ans.Yes
There will be two such situations. The firsts when the President resigns his office by writing under his hand addressed to the President and the second when the President is removed from office by impeachment for violation of the constitution.
Q 6. What is the procedure for impeachment of the President?
Ans.According to Article 61 of the Constitution, when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. No such change shall be preferred unless (a) the proposal to prefer such change is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-third of the total membership of the House.
Q 7. Is the President eligible for election for a second term?
Ans.Yes
According to Article 57 of the Constitution, a President is eligible for re-election to that office.
Q 8. What are the qualification for election as President?
Ans.. According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People. A person shall not be eligible if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government.
Q 9. Can a Member of Parliament or the State Legislation become the President?
Ans.The President shall nor be a member of either House of Parliament or of a House of the Legislature of any state and if any such member is elected President he shall be claimed to have vacated his seat in that House on the date on which he enters upon office as President.
Q 10. Who elects the Vice-President of India?
Ans.The Vice-President is elected by the members of an electoral college consisting of the members of both House of Parliament.
Q 11. What is the manner of election of Vice-President?
Ans.The election is in accordance with the system of proportional representation by means of the single transferred vote and the voting is by secret ballot.
Q 12.What is the term of office of Vice-President?
Ans.The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.
Q 13. Will there be any situation in which the Vice-President demits office before the five-year term?
Ans.Yes
There will be two such situations. The first is when the Vice-President resigns his office by writing under his hand addressed to the President and the second when he is removed from office.
Q 14. What is the procedure for removal of the Vice-President?
Ans.The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to max the resolution.
Q 15. What are the qualifications for election as Vice-President?
Ans.According to Article 66 of the constitution, A person shall be eligible for election as Vice-President if he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the Council of States. A person shall not be eligible if he holds any office of profit under any local or other authority subject to the control of any of the said Governments.
Q 16. Is there any provision for challenging the election of President or Vice-President?
Ans.. Yes
According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Further, according to section 14 of the Presidential and Vice-Presidential Elections Act, 1952, and election petition can be filled before the Supreme Court.
Q 17 What can be the maximum number of members of Rajya Sabha?
Ans.. 250
The maximum number of members of Rajya Sabha can be 250. Article 80 of the Constitution of India provides that 12 members are to be nominated by the President of India and not more than 238 representatives from the States to be elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote.
Q 18. Are they all elected ?
Ans.No
All of them are not elected. As mentioned in 24 above, 12 are nominated and 238 are elected.
Q 19. What is the life of Rajya Sabha ?
Ans.Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83 (1) of the Constitution of India. But as nearly as possible, one third of its members shall retire every 2nd year and an equal number of members are chosen to replace them.
Q 20. Who elects the members of the Rajya Sabha?
Ans.Elected members of the State Legislative Assemblies
Article 80(4) of Constitution of India provides that members of Rajya Sabha shall be elected by the elected members of State Legislative Assemblies through the system of proportional representation by means of the single transferable vote.
Q 21. Who nominates the members of the Rajya Sabha?
Ans.. President of India
The President of India nominates 12 members of Rajya Sabha as mentioned in the answer to Question no. 24.
Q 22. Is there any special qualification for nomination?
Ans.Yes
Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service.
Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age.
Q 23. What is the term of Lok Sabha?
Ans.Normal Term : 5 years
31. Article 83 (2) of the Constitution stipulates that Lok Sabha shall have a normal term of 5 years from the date appointed for its first meeting and no longer. However, the President may dissolve the House earlier.
Q 24. What can be the maximum number of members of the Lok Sabha ?
Ans.550
The maximum number of elected members of Lok Sabha is 550. Article 81 of the Constitution provides that not more than 530 members will be elected from the States and not more than 20 members from Union Territories. Article 331 of the Constitution provides that not more than 2 members from the Anglo Indian Community may be nominated by the President of India, if in his opinion that community is not adequately represented in that House.
Q 25. How are the members of Lok Sabha elected ?
Ans.Under Sec 14 of Representation of People Act 1951, the President of India by a notification will call upon the constituencies to elect their members to the House of People. Thereafter the electors of the Parliamentary Constituencies will directly elect the Lok Sabha members. As per article 326 of the Constitution of India, elections to the House of the People shall be on the basis of adult suffrage.
Q 26. How many members are elected by the electors of a Parliamentary Constituency ?
Ans.One
Each Parliamentary Constituency will elect only one member.
Q 27. Was this the position from the very beginning ?
Ans.No
Prior to 1962, there were both single - member and multi member constituencies. These multi - member constituencies used to elect more than one member. The multimember constituencies were abolished in 1962.
Q 28. When was the 1st general election held in India ?
Ans.1951-52
The first general election was held in India during 1951 - 1952.
Q 29. At that time, what was the total strength of the Lok Sabha ?
Ans.The total strength of Lok Sabha at that time was 489.
Delimitation of Constituencies
Q 1. There are 543 Parliamentary constituencies in India each electing one member. Who demarcates the boundaries of these constituencies?
Ans.Delimitation Commission
Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies is based on 1971 census figures. Notwithstanding the above, the Constitution of India was specifically amended in 1976 not to have delimitation of constituencies till the first census after 2000. Thus, the Constituencies carved out on the basis of 1971 census are continuing.
The census data of 2001 was released on December 31st, 2003. Using these figures , a new Delimitation exercise is under way.
Q 2. What is the main basis for allocation of seats to various States in the Lok Sabha?
Ans.Population of the State
Population is the basis of allocation of seats of the Lok Sabha. As far as possible, every State gets representation in the Lok Sabha in proportion to its population as per census figures.
Q 3. Is there any reservation of seats for any special category in Lok Sabha ?
Ans.Yes
In Lok Sabha there is reservation of seats for Scheduled Castes and Scheduled Tribes. Here also census figures are taken into account.
Q 4. On what basis this reservation is made?
Ans.Allocation of seats for Scheduled Castes and Tribes in the Lok Sabha are made on the basis of proportion of Scheduled Castes and Tribes in the State concerned to that of the total population, vide provision contained in Article 330 of the Constitution of India read with Section 3 of the R. P. Act, 1950.
Q 5. How many seats are reserved for Scheduled Castes in Lok Sabha?
Ans.79
For Scheduled Castes, 79 seats are reserved in Lok Sabha. The 1st schedule to Representation of People Act, 1950 gives the Statewise break up.
Q 6. How many seats are reserved for Scheduled Tribes in Lok Sabha?
Ans.41
For Scheduled Tribes, 41 seats are reserved in Lok Sabha. The 1st schedule to R. P. Act, 1950 gives the Statewise break up.
Q 7. Which are the States having the minimum number of seats in Lok Sabha?
Ans.The following States and Union Territories have one seat each in the Lok Sabha
Mizoram
Nagaland
Sikkim
Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
Pondicherry
Q 8. How many States are there in India ?
Ans.28
There are 28 states in India viz. Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Jharkhand, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Chhattisgarh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh, Uttaranchal and West Bengal.
Q 9. How many Union Territories are in India ?
Ans.Seven
There are 7 Union Territories in India. Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Delhi, Lakshadweep and Pondicherry.
Q 10. For every State, there has to be a Legislative Assembly, but it is not so in the case of all Union Territories. Which are the U.Ts. having a Legislative Assembly?
Ans.Two
Out of the 7 Union Territories, Delhi and Pondicherry UTs have Legislative Assemblies.
Electoral Rolls
Q 1. For every constituency, there is a list of voters which is called electoral roll. What is the minimum age for enrolment in an electoral roll?
Ans.Eighteen
For every constituency, there is a voters list Article 326 of the Constitution, and Sec. 19 of R. P. Act, 1950 stipulate that the minimum age for registration of a voter is 18 years.
Q 2. Was 18 the minimum voting age in India from the beginning?
Ans.No
Earlier, the age for registration of a voter was 21 years. Through the 61st amendment Act, 1988 of the Constitution read with Act 21 of 1989 amending the R. P. Act, 1950, the minimum age of registration of a voter has been brought down to 18 years. This has been made effective from 28th March, 1989.
Q 3. Which is the relevant date for determining the age qualification of 18 years? Suppose, you have completed 18 years of age today. Can you get yourself registered as voter ?
Ans.According to Section 14 (b) of the R. P. Act, 1950, the qualifying date means the first day of January of the year in which the electoral roll is prepared or revised.
Q 4. When was the voting age reduced from 21 years to 18 years ?
Ans.1989
The voting age was reduced from 21 years to 18 years during 1989.
Q 5. Can a non-citizen of India become a voter?
Ans.No
A person who is not a citizen of India cannot be registered as a voter. Article 326 of the Constitution read with Sec. 16 of R. P. Act, 1950 clarify the point.
Q 6. Can a non-resident Indian citizen become a voter?
Ans.According to Section 19 of the R. P. Act, 1950, only a person who is ordinarily resident in a constituency is entitled to be registered in the electoral roll of that constituency. However, such of the non-resident Indian Citizens who are employed under Govt. of India in a post outside India are eligible to be registered as voters in terms of Sec 20 (8) (d) read with Sec 20 (3) of the R. P. Act, 1950.
Q 7. If I am working and living in Jammu, can I be a voter in my native village?
Ans.No
If you are working in Jammu and residing there, you are an ordinary resident of Jammu in terms of Sec 19 (b). Therefore you can be enrolled at Jammu only and not in your native village.
Q 8. Can one be enrolled at more than one place ?
Ans.No
A person cannot be enrolled as a voter in more than one place in the same constituency or in more than one constituency in view of the provisions contained under Sec. 17 and 18 of R. P. Act, 1950.
Q 9. How can I get registered/enrolled in the Electoral Roll?
Ans.You have to submit a filled in Form - 6 to the ERO of the Assembly Constituency. If you are located in Jammu, the list of EROs can be found at Electoral Rolls Page of this site. Else contact the District Election Officer at the District Magistrate's office.
Following are the various forms useful for registration as voter, corrections, change in address etc.
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For inclusion of names
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Form- 6 |
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For any objection on inclusion of names
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Form- 7 |
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For correction of entries in the Electoral Rolls |
Form- 8 |
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For transposition of entry in electoral roll
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Form- 8A
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Q. 10. What is the procedure to make corrections in such names / other details that have been misspelt in the Electoral Roll ?
Ans.For incorporation of corrections in the Electoral Rolls, You have to submit Form - 8 to the ERO of the Assembly Constituency.. If you are located in Jammu, the list of EROs can be found at Electoral Rolls Page of this site. Else contact the District Election Officer at the District Magistrate's office. The forms can be downloaded from Electoral Page of this site.
Contesting For Elections
Q 1. Can a non-citizen be a candidate?
Ans.No
A non citizen cannot be a contesting candidate in the elections. Article 84 (a) of the Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in the Parliament unless he is a citizen of India. Similar provision exists for State Legislative Assemblies in Article 173 (a) of the Constitution.
Q 2 What is the minimum age for becoming a candidate for Lok Sabha or Assembly election ?
Ans.Twenty Five Years
Article 84 (b) of Constitution of India provides that the minimum age for becoming a candidate for Lok Sabha election shall be 25 years. Similar provision exists for a candidate to the Legislative Assemblies vide Article 173 (b) of the Constitution read with Sec. 36 (2) of the R. P. Act, 1950.
Q 3. If I am not registered as a voter in any Constituency, can I contest election
Ans.No
For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d) of Representation People Act, 1951 precludes a person from contesting unless he is an elector in any parliamentary constituency. Section 5 (c) of R. P. Act, 1951 has a similar provision for Assembly Constituencies.
Q 4. I am registered as a voter in Jammu. Can I contest election to Lok Sabha from Haryana or Maharashtra, or Orissa ?
Ans.Yes
If you are a registered voter in Jammu, you can contest an election to Lok Sabha from any constituency in the country except Assam, Lakshadweep and Sikkim, as per Section 4 (c), 4 (cc) and 4 (ccc) of the R. P. Act, 1951.
Q 5. If some body is convicted for some offence and he is sentenced to imprisonment for 3 years, can he contest elections?
Ans.No
As per Section 8 (3) of R. P. Act, 1951, if a person is convicted of any offence and sentenced to an imprisonment of 2 years or more, this will be disqualification to contest elections.
Q 6. Supposing he is on bail, pending disposal of his appeal, can he contest the election?
Ans.No
Even if is a person is on bail, after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election as per the guidelines issued by the Election Commission of India.
Q 7. Can a person confined in jail vote in an election?
Ans.No
According to section 62(5) of the Representation of the People Act, 1951, no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.
Q 8. Every candidate is required to make security deposit. How much is the security deposit for Lok Sabha election?
Ans.Rupees Ten Thousand
As per Section 34 1 (a) of R. P. Act, 1951, every candidate is required to make a security deposit of Rs. 10,000/- (Rupees Ten Thousand Only) for Lok Sabha elections.
Q 9. Is there any concession for a candidate belonging to Scheduled Caste or Scheduled Tribe ?
Ans.Yes
The same section 34 of R. P. Act, 1951 provides that a candidate belonging to Scheduled Caste and Scheduled Tribe is required to make a security deposit of Rs. 5,000 (Rupees Five Thousand Only).
Q 10. How much is the security deposit for an Assembly election?
Ans.Rupees Five Thousand
As per Sec. 34 (1) (b) of the R. P. Act 1951, a general candidate for contesting an Assembly election will have to make a security deposit of Rs. 5,000/-. A candidate belonging to Scheduled Caste / Tribe will have to make a security deposit of Rs. 2,500/- (Two Thousand and Five Hundred Only).
Q 11. How much was the security deposit for Lok Sabha election previously ?
Ans.During the Lok Sabha elections held in 1996 and earlier, the security deposit for general and SC / ST candidate was Rs. 500/- (Rupees Five Hundred Only) and Rs. 250/- (Rupees Two Hundred and Fifty Only) respectively.
Q 12. How much was the security deposit for elections to Assembly election previously ?
Ans.. During Assembly elections held in 1996 and earlier, the security deposit for general and SC / ST candidates was Rs. 250/- (Rupees Two Hundred and Fifty Only) and Rs. 125/- (Rupees One Hundred Twenty Five Only) respectively.
Q 13. When was this change in the amount of security deposit made?
Ans.This change in increasing the security deposit was brought about in August, 1996 vide Act 21 of 1996.
Q 14. If you are a candidate of a recognised National or State party, how many proposers you require for your nomination?
Ans.Only one
If you are a candidate of a recognised national / state party, you would require only one elector of the constituency as proposer, vide Sec. 33 of R. P. Act, 1951.
Q 15. If you are an independent candidate or a candidate of unrecognised political party, how many proposers you require?
Ans.Ten
The same section 33 of R. P. Act, 1951 provides that as an independent candidate or a candidate of an unrecognised political party, ten electors from the constituency should subscribe your nomination paper as proposers.
Q 16. Can a person contest elections to Lok Sabha from as many constituencies as he likes?
Ans.No
As per Section 33 (7) of R. P. Act, 1951, a person cannot contest from more than two constituencies for a Lok Sabha election.
Q 17. Which candidates lose the deposit?
Ans.3354.
A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit.
Q 18. What has been the maximum number of candidates in any constituency in India at any election so far?
Ans.In Modakurichi Assembly Constituency of Tamil Nadu there were 1033 contesting candidates during the general election to Tamil Nadu Legislative Assembly in 1996. The ballot papers were in the form of a booklet.
Q 19. The Election Commission has recognised some political parties as National parties and some others as State Parties. How many are National and how many are State parties ?
Ans.The Election Commission had recognized six Political Parties as National Parties and fifty Political Parties as State Parties in different States at the time of State Elections November 2003.
Q 20. On the day of poll, every voter has to go to a polling station to vote. Normally, how many voters are assigned to a polling station, under the norms of the Election Commission?
Ans.
As per the instructions of Election Commission as contained in Para 2 of Chapter II of Handbook for Returning Officers, a polling station should be provided for a well defined polling area, normally covering about 800 - 1000 electors. However, in exceptional cases, such number may exceed 1000 to avoid the breakup of any polling area in large villages or urban area. When the number exceeds 1200, auxiliary polling stations should be set up. There is provision for setting up of polling stations in localities inhabited by the weaker section of the society, even though the number may be less than 500. If there is a Leprosy Sanatorium a separate polling station may be set up for the inmates alone. Recently the Commission has issued instructions for Rationalisation of Polling Stations in the country, and the limit of electors has been increased to 1500 per polling station, as Electronic Voting Machines will be used in all future elections.
Q 21. Normally, under the Commission's norms, how far can a polling station be from your house ?
Ans.
Not more than 2 Kms.
According to Para 3 of Chapter II of Handbook for Returning Officers, polling stations should be set up in such a manner that ordinarily no voter is required to travel more than two kms to reach his polling station.
Q 22. When you are walking down to your polling station, some candidate or his agent offers you a free lift to the polling station. Can you accept that offer of lift?
Ans.No
It is a corrupt practice under section 123 (5) of the R. P. Act, 1951. This offence is punishable under Section 133 of the same Act, with imprisonment which may extend upto 3 months and/or with fine.
Q 23. Can you accept such lift when you are going back to your house after you have cast your vote?
Ans.No
The provision of Corrupt Practice under section 123 (5) as mentioned above will cover conveyance of any elector, to or from any polling station.
Q 24. Somebody offers you some money to vote for a candidate. Can you accept such money?
Ans.No
Acceptance of money to vote for a candidate is a corrupt practice of bribery under Section 123 (1) of R. P. Act, 1951. It is also an offence under section 171-B of Indian Penal Code and is punishable with imprisonment of either descript ion for a term which may extend to one year or with fine or both.
Q 25. Somebody offers you some money, not to vote for a certain candidate. Can you accept such money?
Ans.No
The corrupt practice of bribery will also be attracted, if a person accepts money not to vote for a particular candidate.
Q 26. Somebody makes any offer of whisky, liquor or other intoxicant or gives you a dinner to vote for a particular candidate or not to vote for him. Can you accept such offer?
Ans.No
Acceptance of any offer of liquor or other intoxicants or a dinner to vote for a particular candidate or not to vote for him is bribery.
Q 27. Can any religious or spiritual leader instruct his followers to vote for a particular candidate, otherwise they will become object of Divine displeasure?
Ans.No
If any person induces or attempts to induce the voter to vote for any particular candidate or otherwise he will become an object of Divine displeasure, he will be guilty of the corrupt practice of exercising undue influence on a voter under sec 123 (2) of R. P. Act, 1951.
It is also an offence under section 171C of Indian Penal Code and punishable with imprisonment of either descript ion for a term which may extend to one year or with fine or both.
Q 28. Can any one threaten a voter that he would be excommunicated if he votes for a particular candidate or does not vote for another particular candidate?
Ans.No
Any threat to a voter that he would be excommunicated if he votes for a particular candidate or does not vote for another particular candidate is a corrupt practice of undue influence under Section 123 (2) of R. P. Act, 1951. It is also punishable under sec 171 F of Indian Penal Code with imprisonment of either descript ion for a term which may extend to one year or with fine or with both.
Q 29. Can anyone tell another person that he should vote for a particular person, or not to vote for him, because the candidate belongs to a particular religion, caste or creed or speaks a particular language ?
Ans.No
Any one telling another person that he should vote for a particular candidate or not to vote for him because he belongs to a particular religion, caste or creed or speaks a particular language is a corrupt practice under section 123 (3) of R. P. Act, 1951.
Q 30. Is a candidate free to spend as much as he likes on his election?
Ans.No
A candidate is not free to spend as much as he likes on his election. The law prescribes that the total election expenditure shall not exceed the maximum limit prescribed under Rule 90 of the Conduct of Election Rules, 1961. It would also amount to a corrupt practice under sec 123 (6) of R. P. Act, 1951.
Q 31. What is the limit for election expenditure in a parliamentary constituency in bigger States, like, UP, Bihar, Andhra Pradesh, M.P?
Ans.
The limit for election expenditure is revised from time to time. At present the limit of expenditure for a parliamentary constituency in bigger states like U. P, Bihar, Andhra Pradesh, Madhya Pradesh is Rs. 25 lakhs.
Q 32. What is the limit of such expenditure for an assembly constituency in these bigger States?
Ans.The limit of election expenditure for an assembly constituency in the above bigger states is Rs. 10 lakhs.
Q 33. What was the limit for the Parliamentary and Assembly constituencies in the above States at the time of the last general election in 1999?
Ans.The limit of election expenses in the above bigger states at the time of 1999 general election was Rs. 15 lakhs for a Parliamentary constituency and Rs. 6 lakhs for an assembly constituency.
Q 34. Are these limits uniform for all States? If not , can you tell the lowest limit for a parliamentary constituency at present?
Ans.. No
The maximum limits of election expenditure vary from State to State. The lowest limit at present for a parliamentary constituency is Rs. 10 lakhs for the constituency of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.
Q 35. Are the candidates required to file any account of election expenses?
Ans.
Under section 77 of the R.P.Act, 1951, every candidate at an election to the House of the People or State Legislative Assembly is required to keep, either by himself or by his election agent, a separate and correct account of all expenditure in connection with the selection incurred or authorised by him or his election agent between the date on which he has been nominated and the date of declaration of result, both dates inclusive. Every contesting candidate has to lodge a true copy of the said account within 30 days of result of the election.
Q 36. Who is the authority to whom such account is to be lodged?
Ans.
In every state the account of election expenses shall be lodged by a contesting candidate with the District Election Officer of the district in which the constituency from which he contested lies. In the case of Union Territories, such accounts are to be lodged with the Returning Officer Concerned.
Q 37. If a Candidate is contesting from more than one constituency, is he required to file separate accounts or only one consolidated account?
Ans.
If a candidate is contesting from more than one constituency, he has to lodge a separate return of election expenses for every election which he has contested. The election for each constituency is a separate election.
Q 38. What is the penalty if a candidate does not file his account of election expenses?
Ans.
Under section 10A of the RP Act, 1951, if the Election Commission is satisfied that a person has failed to lodge an account of election expenses with the time and in the manner required by or under that Act and he has no good reason or justification for the failure, it has the power to disqualify him for a period of 3 years for being chosen as, and for being, a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State.
Q 39. What is the deadline after which no public meetings and processions can be taken out?
Ans.
As per Sec. 126 of R. P. Act, 1951, no public meetings and processions can be taken out during the period of 48 hours ending with the hour fixed for the conclusion of poll.
Q 40. On the day of poll, can any one vote in the name of another person, even with his consent?
Ans.No
On the day of poll no one can vote in the name of another even with his consent. If he does so it would amount to impersonation which is an offence under Section 171 D of Indian Penal Code. The offence is punishable with imprisonment of either descript ion which may extend to one year or with fine or both.
Q 41. Can any one vote more than once, even if his name is included (wrongly) at more than one place?
Ans.No
No one can vote more than once even if his name is included at more than one place. If he does so he will be guilty of impersonation which will be punishable as above.
Q 42. If you go to your polling station and find that some body else has impersonated for you and already voted in your name, can you vote in such circumstance?
Ans.Yes
If a person finds that someone else has already voted in his name, then also he will be allowed to vote. But his ballot paper will be marked as a Tendered Ballot Paper by the Presiding Officer. This will be kept separately in the prescribed cover, as per Rule 42 of the Conduct of Elections Rules, 1961.
Counting and Declaration of Result
Q 1. Who is responsible for the counting of votes and declaration of result of an election?
Ans.The Returning Officer
According to Sec. 64 of the R. P. Act, 1951, votes are counted by or under the supervision / direction of the Returning Officer of the Constituency. When the counting is completed, the Returning officer declares the result as per provisions of Sec. 66 of R. P. Act, 1951.
Q 2. After the declaration of results in all constituencies, which authority will constitute the new Lok Sabha - President or the Election Commission?
Ans.Election Commission of India (ECI)
According to Sec. 73 of the R. P. Act, 1951, after the results of all Parliamentary constituencies are declared, the Election Commission will constitute the new Lok Sabha by notifying in the official gazette, the names of the elected members.
Electronic Voting Machines [EVMs]
Q1. What is an Electronic Voting machine? In what way its functioning is different from the conventional system of voting?
Ans.An Electronic Voting Machine consists of two Units - a Control Unit and a Balloting Unit - joined by a five-meter cable. The Control Unit is with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the Polling Officer in-charge of the Control Unit will press the Ballot Button. This will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.
Q2. When was the EVM first introduced in elections?
Ans.EVMs manufactured in 1989-90 were used on experimental basis for the first time in 16 Assembly Constituencies in the States of Madhya Pradesh (5), Rajasthan (5) and NCT of Jammu (6) at the General Elections to the respective Legislative Assemblies held in November, 1998.
Q3. How can EVMs be used in areas where there is no electricity?
Ans.EVMs run on an ordinary 6 volt alkaline battery manufactured by Bharat Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad. Therefore, even in areas with no power connections, EVMs can be used.
Q4. What is the maximum number of votes which can be cast in EVMs?
Ans.EVMs can record a maximum of 3840 votes. As normally the total number of electors in a polling station will not exceed 1500, the capacity of EVMs is more than sufficient.
Q5. What is the maximum number of candidates which EVMs can cater to?
Ans.EVMs can cater to a maximum of 64 candidates. There is provision for 16 candidates in a Balloting Unit. If the total number of candidates exceeds 16, a second Balloting Unit can be linked parallel to the first Balloting Unit. Similarly, if the total number of candidates exceeds 32, a third Balloting Unit can be attached and if the total number of candidates exceeds 48, a fourth Balloting Unit can be attached to cater to a maximum of 64 candidates.
Q6. What will happen if the number of contesting candidates in a constituency goes beyond 64?
Ans.
In case the number of contesting candidates goes beyond 64 in any constituency, EVMs cannot be used in such a constituency. The conventional method of voting by means of ballot box and ballot paper will have to be adopted in such a constituency.
Q7. What will happen if the EVM in a particular polling station goes out of order?
Ans.
An Officer is put on duty to cover about 10 polling stations on the day of poll. He will be carrying spare EVMs and the out-of-order EVM can be replaced with a new one. The votes recorded until the stage when the EVM went out of order will be safe in the memory of the Control Unit and it will be sufficient to proceed with the polling after the EVM went out of order. It is not necessary to start the poll from the beginning.
Q8. Who has the devised the EVMs?
Ans.
The EVMs have been devised and designed by Election Commission in collaboration with two Public Sector undertakings viz., Bharat Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad after a series of meetings, test-checking of the prototypes and extensive field trials. The EVMs are now manufactured by the above two undertakings.
Q9. What is the cost of the machines? Is it not too expensive to use EVMs?
Ans.
The cost per EVM (One Control Unit, one Balloting Unit and one battery) was Rs.5,500/- at the time the machines were purchased in 1989-90. Even though the initial investment is somewhat heavy, this is more than neutralised by the savings in the matter of printing of ballot papers in lakhs, their transportation, storage etc., and the substantial reduction in the counting staff and the remuneration paid to them.
Q10. In our country a sizeable section of the population being illiterate will it not cause problems for the illiterate voters?
Ans.
In fact, voting by EVMs is simpler compared to the conventional system, where one has to put the voting mark on or near the symbol of the candidate of his choice, fold it first vertically and then horizontally and thereafter put it into the ballot box. In EVMs, the voter has to simply press the blue button against the candidate and symbol of his choice and the vote is recorded. Rural and illiterate people had no difficulty in recording their votes and, in fact they have welcomed the use of EVMs.
Q11. Can booth - capturing be prevented by the use of EVMs?
Ans.
By booth-capturing, if one means, taking away or damaging of ballot boxes or ballot papers, this evil cannot be prevented by the use of EVMs as EVMs can also be forcibly taken away or damaged by miscreants. But if one looks at booth capturing as a case of miscreants intimidating the polling personnel and stamping the ballot papers on the symbol and escaping in a matter of minutes, this can be prevented by the use of EVMs. The EVMs are programmed in such a way that the machines will record only five votes in a minute. As recording of votes has necessarily to be through Control Unit and Balloting Unit, whatever be the number of miscreants they can record vote only at the rate of 5 per minute. In the case of ballot papers, the miscreants can distribute all the 1000 odd ballot papers assigned to a polling station, among themselves, stamp them, stuff them into the ballot boxes and run away before the police reinforcements reach. In half- an -hour, the miscreants can record only a maximum of 150 votes by which time, chances are the police reinforcement would have arrived. Further, the presiding Officer or one of the Polling Officers can always press the "close" button as soon as they see some intruders inside the polling station. It will not be possible to record any vote when once the 'close' button is pressed and this will frustrate the efforts of the booth-capturers.
Q12. Is it possible to use EVMs for simultaneous elections for Parliament and State Legislative Assembly?
Ans.
Yes
It is possible to use EVMs for simultaneous elections for Parliament and State Legislative Assembly and the existing EVMs have been designed keeping this requirement in view.
Q13. What are the advantages in using EVMs?
Ans.
The most important advantage is that the printing of lakhs of ballot papers can be dispensed with, as only one ballot paper is required for fixing on the Balloting Unit at each polling station instead of one ballot paper for each individual elector. This results in huge savings by way of cost of paper, printing, transportation, storage and distribution. Secondly, counting is very quick and the result can be declared within 2 to 3 hours as compared to 30-40 hours, on an average, under the conventional system. Thirdly, there are no invalid votes under the system of voting under EVMs. The importance of this will be better appreciated, if it is remembered that in every General Election, the number of invalid votes is more than the winning margin between the winning candidate and the second candidate, in a number of constituencies. To this extent, the choice of the electorate will be more correctly reflected when EVMs are used.
Q14. Does the use of EVMs slow down the pace of poll?
Ans.
No
In fact the pace of poll is quickened by the use of EVMs as it is not necessary for the voter to first unfold the ballot paper, mark his preference, fold it again, go to the place where the ballot box is kept and drop it in the box. What he has to do under the system of EVMs is simply to press the button near the candidate and symbol of his choice.
Q15. With ballot boxes counting is done after mixing the ballot papers. Is it possible to adopt this system when EVMs are used?
Ans.
The normal rule is to count the votes polling station-wise and this is what is being done when EVM is used in each polling station. The mixing system of counting is done only in those constituencies specially notified by the Election Commission. Even in such cases, the result from each EVM can be fed into a Master Counting Machine in which case, only the total result of an Assembly Constituency will be known and not the result in each individual polling station.
Q16. How long the Control Unit stores the result in its memory?
Ans.
The Control Unit can store the result in its memory for 10 years and even more.
Q17. Wherever an election petition is filed, the result of the election is subject to the final outcome. The courts, in appropriate cases, may order a recount of votes. Whether EVMs can be stored for such a long time and whether the result can be taken in the presence of the officers authorised by Courts? Will not the battery leak or otherwise damage EVMs?
Ans.
The battery is required only to activate the EVMs at the time of polling and counting. As soon as the polling is over, the battery can be switched off and this will be required to be switched on only at the time of counting. The battery can be removed as soon as the result is taken and can be kept separately. Therefore, there is no question of battery leaking or otherwise damaging EVMs. Even when the battery is removed the memory in the microchip remains intact. If the Court orders a recount, the Control Unit can be reactivated by fixing the battery and it will display the result stored in the memory.
Q18. Is it possible to vote more than once by pressing the button again and again.
Ans.
No
As soon as a particular button on the Balloting Unit is pressed, the vote is recorded for that particular candidate and the machine gets locked. Even if one presses that button further or any other button, no further vote will be recorded. This way the EVMs ensure the principle of "one man, one vote".
Q19. How can a voter be sure that the EVM is working and his vote has been recorded?
Ans.
As soon as the voter presses the `blue button' against the candidate and symbol of his choice, a tiny lamp on the left side of the symbol glows red and simultaneously a long beep sound is heard. Thus, there is both audio and visual indications for the voter to be assured that his vote has been recorded.
Q20. Is it true that sometimes because of short-circuitry or other reason, a voter is likely to get an electric shock while pressing the `blue button'?
Ans.
No
EVMs work on a 6-volt battery and there is absolutely no chance of any voter getting an electric shock at the time of pressing the `blue button' or at any time of handling the balloting unit.
Q21. Is it possible to program the EVMs in such a way that initially, say upto 100 votes, votes will be recorded exactly in the same way as the `blue buttons' are pressed, but thereafter, votes will be recorded only in favor of one particular candidate irrespective of whether the `blue button' against that candidate or any other candidate is pressed?
Ans.
The microchip used in EVMs is manufactured in USA and it is sealed at the time of import. It cannot be opened and any rewriting of program can be done by anyone without damaging the chip. There is, therefore, absolutely no chance of programming the EVMs in a particular way to select any particular candidate or political party.
Q22. Will it not be difficult to transport the EVMs to the polling stations?
Ans.
No
Rather it will be easier to transport the EVMs compared to ballot boxes as EVMs are lighter, portable and come with polypropylene carrying cases.
Q23. In many areas of the country, there is no electricity connection and even in those places where there is electricity connection, power supply is erratic. In this scenario will it not create problem in storing the machines without air conditioning?
Ans.
There is no need to air condition the room/hall where EVMs are stored. What is required is only to keep the room/hall free from dust dampness and rodents as in the case of ballot boxes.
Q24. In the conventional system, it will be possible to know the total number of votes polled at any particular point of time. In EVMs 'Result' portion is sealed and will be opened only at the time of counting. How can the total number of votes polled be known on the date of poll?
Ans.
In addition to the 'Result' button, there is a 'total' button on EVMs. By pressing this button the total number of votes polled upto the time of pressing the button will be displayed without indicating the candidate-wise tally.
Q25. The Balloting Unit has provision for 16 candidates. In a constituency, there are only 10 candidates. The voter may press any of the buttons from 11 to 16. Will these votes not be wasted?
Ans.
No
The panels for candidates Nos. 11 to 16 will be masked before use. Further, recording of votes for candidates 11 to 16 will also be blanked off electronically, as the candidates' switch is set on 10. Therefore, there is no question of any voter pressing any of the buttons for candidates 11 to 16 or the votes for these candidates being recorded in the EVMs.
Q26. Ballot boxes are engraved so as to avoid any scope for complaint of replacement of these boxes. Is there any system of numbering EVMs?
Ans.
Yes
Each Control Unit has a unique ID Number, which is painted on each unit with a permanent marker. This ID Number will be allowed to be noted by the Polling Agents and will also be recorded in a Register maintained for the purpose by the Returning Officer. The address tag attached to the Control Unit also will indicate this ID Number. Therefore, there is no question of replacement of any EVM.
Q27. Is there any provision for issue of tendered ballot papers when EVMs are used?
Ans.
Yes
There is provision for issue of tendered ballot papers under the system of EVMs also. But, when such a situation arises, the voter concerned will be issued an ordinary ballot paper. After marking the ballot paper with the arrow cross mark rubber stamp supplied, the tendered ballot paper will be put inside a cover specially provided for the purpose, sealed and kept by the Presiding Officer.
Q28. In the conventional system, before the commencement of poll, the Presiding Officer shows to the polling agents present that the ballot box to be used in the polling station is empty. Is there any such provision to satisfy the polling agents that there are no hidden votes already recorded in the EVMs?
Ans.
Yes
Before the commencement of poll, the Presiding Officer demonstrates to the polling agents present that there are no hidden votes already recorded in the machine by pressing the result button. Thereafter, he will conduct a mock poll by asking the polling agents to record their votes and will take the result to satisfy them that the result shown is strictly according to the choice recorded by them. Thereafter, the Presiding Officer will press the clear button to clear the result of the mock poll before commencing the actual poll.
Q29. How can one rule out the possibility of recording further votes at any time after close of the poll and before the commencement of counting by interested parties?
Ans.
As soon as the last voter has voted, the Polling Officer in-charge of the Control Unit will press the 'Close' Button. Thereafter, the EVM will not accept any vote. Further, after the close of poll, the Balloting Unit is disconnected from the Control Unit and kept separately. Votes can be recorded only through the Balloting Unit. Again the Presiding officer, at the close of the poll, will hand over to each polling agent present an account of votes recorded. At the time of counting of
votes, the total will be tallied with this account and if there is any discrepancy, this will be pointed out by the Counting Agents.
Registration of Political Parties
Q.1. Is it necessary for an association to get registered by the Election Commission?
Ans.
No
It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.
Q.2. What are the benefits of registration with the Election Commission of India?
Ans.
The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party' or National Party' subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party', it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised,
and if a party is recognised as a `National Party' it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State' and `National' parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
Q.3. What is the procedure for registration?
Ans.
An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, Jammu-110001 in the Performa prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The application should be neatly typed on the party's letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.
2. The application must be accompanied by the following documents/information:-
(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawn in favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.
(ii) A neatly typed/printed copy of the memorandum/rules and regulations/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, 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". The above mandatory provision must be included in the text of party constitution/rules and regulations/memorandum itself as one of the Articles/clauses.
(iii) The copy of the party Constitution should be duly authenticated on each page by the General Secretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.
(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.
(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided in the Constitution/rules and regulations/memorandum.
(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party (including all office-bearers/members of main decision-making organs like Executive Committee/Executive Council) to show that they are registered electors.
(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a First Class Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is a member of any other political party registered with the Commission.
(viii) Individual affidavits from at least 100 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 duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the 100 members of the applicant party mentioned at (vi) above.
(ix) Particulars of Bank accounts in the name of the party.
3. The application along with all the required documents mentioned above must be reach the Secretary to the Commission within 30 days following the date of formation of the party.
4. Any application made after the said period will be time-barred.
Q.4. What are the criteria for recognition of a party?
Ans.
A political party shall be treated as a recognised political party in a State, if and only if either the conditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that party and not otherwise, that is to say-
(A) that such party -
» has been engaged in political activity for a continuous period of five years; and
» has, at the last general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly of the State, returned-
either ( i ) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number from that State;
or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number;
(B) that the total number of valid votes polled by all the contesting candidates set up by such party at the last general election in the State to the House of the People, or as the case may be, to the Legislative Assembly of the State, is not less than six per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State.
2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by a political party, if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House or, as the case may be, that Assembly.
3. `State' includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.
4. If a political party is treated as a recognised political party in four or more States, it shall be known as a `National Party' throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State.
5. If a political party is treated as a recognised political party in less than four States, it should be known as a `State Party' in the State or States in which it is so recognised, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States.
EPIC
Q.1. What should I do if I Lose my EPIC card ?
Ans.
You have to submit, at the office of the concerned ERO or through concerned BLO, an application
(in prescribed format) and requisite GR (for fees paid) against issuance of Duplicate EPIC.
A copy of the FIR lodged at the concerned Police Station would be mandatory.
The prescribed format would contain a declaration signed by you that the card has actually been lost.
In case you want to replace your photo image also, you will be required to submit two fresh passport
size photographs along with the application. After the order of the ERO, a new EPIC No. (FUSN) would
be generated to replace your existing JK series EPIC No. in the database, old photo
image would be replaced (if required) and a new series EPIC card would be issued to you.
Q.2. What should I do if I want a new series (FUSN) EPIC Card ?
Ans.
You have to deposit the card at the office of the concerned ERO or through concerned BLO along
with an application (in prescribed format) and requisite GR (for fees paid) against issuance of Duplicate EPIC.
The prescribed format would contain a section where You have to specify the reason for asking
for a new card. In case you wants to replace your photo image also, the you will be required to submit
two fresh passport size photographs along with the application. After the order of the ERO, a new EPIC No.
(FUSN) would be generated to replace the existing JK series EPIC No. of the elector in the database,
old photo image would be replaced (if required) and a new series EPIC card would be issued to you.
Q.3.What should I do if I lose my new series (FUSN) EPIC Card ?
Ans.
You have to deposit the card at the office of the concerned ERO or through
concerned BLO along with an application (in prescribed format) and requisite GR (for fees paid)
against issuance of Duplicate EPIC. A copy of the FIR lodged at the concerned Police Station
would be mandatory. The prescribed format would contain a declaration signed by you that
the card has actually been lost. No new EPIC No. would be generated. After the order of the ERO,
old photo image would be replaced (if required) and duplicate EPIC card with the same EPIC No.
would be issued to you
Q.4. If I have been issued a new series (FUSN) EPIC and I am not satisfied as some particulars are wrong or photo image is not proper in EPIC Card , what is to be done ?
Ans.
You have to deposit the card at the office of the concerned ERO or through concerned BLO
along with an application (in prescribed format). In case you want to replace your photo image also,
tou will be be required to submit two fresh passport size photographs along with the application.
No fees would be charged in this case for issuance of Duplicate EPIC if the details as printed on the
Form 001B signed and submitted by you have correct particulars inscribed by him/her and had a
proper photograph. In that case, vendor would also be penalised as per the Terms and Conditions of the Tender.
Otherwise, fees would be charged to you . The prescribed format would contain a section where you will
have to specify the changed particulars to be incorporated into the new card. No new EPIC No.
would be generated. After the order of the ERO, these changes would be made to replace your existing
particulars in the electoral rolls database, old photo image would be replaced (if required)
and duplicate EPIC card with the same EPIC No. would be issued to you.
Q.5. I have submitted Form-6 with photograph. Will I get an EPIC card?
Ans.
A new FUSN number would be generated and an EPIC card would be issued to you.
