Central Govt. notifies — Conduct of Elections (Amendment) Rules, 2019 ; Insertion of various clauses

S.O. 3786(E).—In exercise of the powers conferred by clause (c) of Section 60 of the Representation of the People Act, 1951 (43 of 1951), the Central Government, after consulting the Election Commission, hereby makes the following rules further to amend the Conduct of Election Rules, 1961, namely:––

  1. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Conduct of Elections Rules, 1961 (hereinafter referred to as “the said rules”), in Rule 18, in clause (a), after the sub-clause (iv), the following sub-clause shall be inserted, namely:-

“(v) persons notified under clause (c) of Section 60 of the Act, including absentee voters;”;

3. In the said rules, in Rule 27A–

(A) after clause (a), the following clauses shall be inserted, namely:-

“(aa) ‘absentee voter’ means a person belonging to such class of persons as may be notified, under clause (c) of Section 60 of the Act, and who is employed in essential services as mentioned in the said notification, and includes an elector belonging to the class of senior citizen or persons with disability;

(ab) ‘nodal officer’ means an officer authorised to verify the claim of an absentee voter not being an elector belonging to the class of senior citizen or persons with disability;

(B) in clause (b), for the words, “the Act”, the words “the Act, other than an absentee voter” shall be inserted;

(C) after clause (b), the following clauses shall be inserted, namely:-

(c) ‘person with disability’ means a person flagged as person with disability in the database for the electoral roll;

(d) ‘poll officer’ means the officer deputed to issue postal ballot to elector belonging to the class of senior citizen or persons with disability;

(e) ‘senior citizen’ for the purpose of this Part means an elector belonging to the class of absentee voters and is above 80 years of age.”

4. In the said rules, in Rule 27C, for the second proviso, the following provisos shall be substituted, namely:-

“Provided further that in case of an absentee voter, the application shall be made in Form 12D, and shall contain such particulars as specified therein, and shall be duly verified by the Nodal Officer for the absentee voter, other than senior citizen or persons with disability, which shall reach the Returning Officer within five days following the date of notification of election;

Provided also that an application in form 12C or 12D without a certificate from the authorised officer or nodal officer as required under Part II of Form 12 or 12D shall be rejected;”

5. In the said rules, in Rule 27E, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely:-

“Provided further that in the case of absentee voter, the postal ballot paper shall be issued in such manner as may be specified by the Election Commission.”

6. In the said rules, in Rule 27F, after sub-rule(2), the following shall be inserted, namely:-

“(3) In the case of an absentee voter, the recording of vote shall be made in such centre as may be specified by the Election Commission:

Provided that in the case of absentee voter in the class of senior citizen or persons with disability, the attestation of declaration in Form 13A shall be done by the poll officer.”;

7. In the said rules, in Rule 27-I, in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that in the case of the absentee voter, the postal ballot paper shall be returned to the centre provided for recording of the vote under sub-rule(3) of rule 27F, subject to any direction that may be issued by the Election Commission in this behalf.”

*Please follow the link for detailed notification: NOTIFICATION


Ministry of Law and Justice

[Notification dt. 22-10-2019]

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