8.

Election Notification
The electoral process for the elections to the Parliament starts with Presidential notification
calling upon all the parliamentary constituencies to dect members to constitute a new House
of the People either on the expiry of the tenure of the existing House or on its dissolution.
As soon as the notification is issued, the Election Commission shall, by notification, appoint:
a) the last date for making nominations;
b) the last date for the withdrawal of candidatures;
c) the date or dates on which a pollshall, if necessary, be taken, and
d) the date before which the election shall be completed.
8.1. Nomination Process St

On the issue of notification, the Returning Officer shall give public notice of the intended
election in such form and manner as may be prescribed, inviting nominations of candidates for
such election and specifying place at which the nomination papers are to be delivered.
On or before the date appointed, each candidate shall either in person or by his proposer,
deliver to the Returning Officer a nomination paper completed in the prescribed form and
signed by the candidate and by an elector of the constituency as proposer. If the candidate
belongs to a recognised national/state party, he/she would require only one elector of the
constituency as proposer, under Section 33 of RPA, 1951. It also provides that as an
independent candidate or a candidate of an unrecognised political party, ten electors from the
constituency should subscribe his/her nomination paper as proposers.
In a constituency where any seat is reserved, a candidate shall not be deemed to fill that seat
unless his nomination paper contains a declaration specifying the particular caste or tribe of
which he is a member and the area in relation to which that caste or tribe is a scheduled caste
or tribe of the State.

The candidate is also required to make declarations in the nomination form regarding his
affiliation to a political party, if any, with name, and the choice of three election symbols in
order of his preference.
As per Section 33 (7) of RPA 1951, a person cannot contest from more than two constituencies
for a Lok Sabha/Vidhan Sabha election.
Where the candidate is an elector of a different constituency, a copy of the electoral roll of that
constituency, or a certified copy of the relevant entries in such rollshall be produced before the
Returning Officer at the time of scrutiny.
8.2. Deposits for Election
Acandidate seeking election to the Parliament is required to deposit a fixed amount as security.
The deposit will be refunded if the candidate is elected or has obtained more than one sixth of
the total number of valid votes polled in the constituen cy. The deposit is intended to ensure
that the candidate is a serious contestant.
In other cases, the deposit will be forfeited. If a candidate was a contesting candidate in more
than one constituency for the same House of a legislature, he is entitled to the refund of only
one deposit. If, however, he was contesting an Assembly seat and a Lok Sabha seat
simultaneously, he would get a refund of the deposits made in both, provided that he obtains
more than one-sixth of the total number of valid votes polled in each constituency. As per
Section 34(1)(a) of the RPA, 1951, every candidate is required to make a security deposit of Rs.
25,000 for Lok Sabha elections (Rs 12,500 for SC/ST candidates). As per Sec. 34(1)(b) of the RPA
1951, a general candidate for contesting an Assembly election will have to make a security
deposit of Rs. 10,000 and Rs. 5,000 for SC/ST candidates.
8.3. Scrutiny of Nominations
On the date fixed for the scrutiny of nominations, the candidates, their election agents, one
proposer of each candidate and one other person duly authorised in writing by each candidate,
may attend the proceedings for scrutiny.
The Returning Officer is given the power to examine the nomination papers and decide
objections which may be made to any nomination.
A nomination paper will be rejected if:
the candidate is either not qualified or is disqualified in law to be such member;
 the nomination paper has not been submitted in the prescribed manner and within the Student Notes:
stipulated time or is not accompanied by the necessary deposit;
and the signature of the candidate or the proposer on the nomination paper is not genuine.
The Returning Officer is not authorised to reject any nomination on the ground of any defect
which is not of a substantial character. He/she is required to record reasons for rejecting a
nomination paper.
8.4. Withdrawal of Candidature
Any candidate may withdraw his candidature by a notice in writing either himself or through his
proposer or election agent, who should be duly authorised by the candidate, to present such
notice on the last date fixed for such purpose. The notice of withdrawal is irrevocable.
Immediately after the expiry of the period within which candidatures may be withdrawn, the
Returning Officer is required to prepare and publish a list of contesting candidates. If there is
only one duly nominated candidate, the election will be an uncontested one and the Returning
Officer willdeclare that candidate elected immediately after the expiry of the time for the
withdrawal of candidature.

9. Recognition of Parties
One of the important functions of the Election Commission is to recognise political parties as all
India (National) or State (Regional) Political Parties. Apolitical party shall be treated as a
recognised political party in a State, if and only if the political party fulfills any of the following
conditions:

At General Elections or Legislative Assembly elections, the party has won 3% of seats in the
legislative assembly of the State (subject to a minimum of 3 seats).
At a Lok Sabha General Elections, the party has won 1 Lok sabha seat for every 25 Lok
Sabha seat allotted for the State.
At a General Election to Lok Sabha or Legislative Assembly, the party has polled minimum of
6% of votes in a State and in addition it has won 1 Lok Sabha or 2 Legislative Assembly
seats.
At a General Election to Lok Sabha or Legislative Assembly, the party has polled 8% of votes
in a State.

For National Party Status:

The party wins 2% of seats in the Lok Sabha (11 seats) from at least 3 different States.
At a General Election to Lok Sabha or Legislative Assembly, the party polls 6% of votes in
four States and in addition it wins 4 Lok Sabha seats.
A
party gets recognition as State Party in four or more States.
Both national and state parties have to fulfill these conditions for all subsequent Lok Sabha or
State Assembly elections. Else, they lose their status.
10. Election Campaign
The Conduct of Elections Rules, 1961 under the Representation of the People Act, 1951
provides for an interval between the last date fixed for the withdrawal of candidatures and the
date of the poll. This period is utilised by the candidates for canvassing and educating the
electors.

10.1. Duration of lection Campaign

After the last date of filing nominations, usually two days are provided for the candidates to
with draw their nominations. From the last day of withdrawing the nominations to the polling
day, a candidate is given around 14 days for campaigning in which the last 48 hours prior to the
polling the candidate is not allowed to hold rallies, road shows or any campaign which involves Sti
a gathering. The last 48 hours are caled the Silence Period, during which no active campaigning
by candidates or political parties is allowed, and television or any digital media cannot carry any
election-related matter. Star campaigners and other political leaders are to refrain from
addressing the media by way of press conferences and giving interviews on election matters
10.2. Campaigning Guidelines and Model Code of Conduct
On the eve of every general elections some guidelines are issued by the Election Commission
whereby candidates are instructed to follow certain norms in carrying out their election
campaign. Most of these relate to what is called the Model Code of Conduct (MCC). The MCC is
a set of norms for conduct and behavior on the part of the Parties and candidates, in particular.
Model Code of Conduct for guidance of political parties and candidates is a small but unique
document that contains the following 8 parts:
(i) Part I of Model Code lays stress on certain minimum standards of good behaviour and
conduct of political parties, candidates and their workers and supporters during the
election campaigns;
i) Parts Il and lil deal with the holding of public meetings and taking out processions by
political parties and candidates;
(ii) Parts IV and V describe as to how political parties and candidates should conduct
themselves on the polling day and at the polling booths;
(iv) Part VI exhorts political parties and candidates to bring their complaints to the notice of
the observers appointed by the Election Commission for remedial action;
(v) Part VIl deals with the parties in power. This part is, in essence, the flesh and blood of
Model Code, which deals with several issues relating to Government and its Ministers,
such as visits of Ministers, use of Government transport and Government accommodation,
announcements of various schemes and projects etc.
The newly added Part Vll says that election manifestoes shall not contain anything repugnant
to the ideals and principles enshrined in the Constitution and further that it shall be consistent
with the letter and spirit of other provisions of Model Code.
11. The Poll
Following the last date of withdrawal of candidatures to the date of poll when the candidates
and political parties are busy in electioneering, the District Election Officer/Returning officer
makes necessary arrangements for holding the poll, such as setting up of the polling stations,
appointment of polling parties to man the polling stations, etc.
11.1. Polling Stations
Each constituency is divided into a number of polling areas. For each polling area, one or more
polling stations are provided according to the number of voters.
Outside each polling station there will be displayed prominently a notice spedifying the polling
area, the electors of which are entitled to vote at the polling station and a list of the contesting
candidates.

11.2. Fixing time for poll

According to Section 56 of the Representation of the People Act, 1951 the Election Commission
shall notify the hours during which the poll will take place, but the total period allotted on any
date for polling in an election of a Parliamentary or Assembly constituency should not be less
than eight hours.
11.3. Secret Ballot St

Section 39 in the Conduct of Elections Rules, 1961 provide for the maintenance of secrecy of
voting by electors within polling station and voting procedure. It lays down some safeguards
such as every elector shall maintain secrecy of voting within the polling station; every elector
shall vote without undue delay; No elector shall be allowed to enter a voting compartment
when another elector is inside it et al.

11.4. One Person One Vote

Section 62 of the RPA, 1951 specifies that no person shall vote in more than one constituency of
the same class and no person shall vote in the same constituency more than once.
11.5. Personation
In order to prevent the same person from personating another voter and voting again, every
voter's left forefinger will be marked one of the polling officers with indeliable ink before
he/she goes to cast his/her vote.

12. Conducting Elections

The Election Commission of India (EC) uses Electronic Voting Machines (EVM) to conduct
elections. Since 2000, ECI has conducted 113 assembly elections and three general elections
using EVMs. Voter Verified Paper Audit Trail (VVPAT) system was added to EVMs in 2013 to
increase transparency and improve voter confidence in the system. The VVPAT system
generates a printed paper slip bearing the name and election symbol of the candidate.
12.1. Counting of Votes
The Returning Officer (RO) is responsible for conducting elections in a constituency, which also
includes counting of votes. Ideally counting of votes for a constituency is done one place.
However, if a constituency has multiple assembly segments, counting can take place at different
locations under the direct supervision of an Assistant Returning Officer (ARO).
Counting is performed by counting supervisors appointed by the RO. Counting staff is
appointed through a three stage randomisation process to ensure impartiality. Candidates
along with their counting agents and election agents are also present in the counting hall.
Counting of votes begins with Electronically Transmitted Postal Ballots (ETPB) and Postal Ballots
(PB). These votes are cournted under the direct supervision of the RO. In each round of
counting, votes from 14 EVMS are counted. In case of simultaneous parliamentary and
assembly elections, the first seven tables are used for counting votes for assembly elections,
and the rest for parliamentary elections. At the end of each round of counting, the results from
14 EVMs are declared.

In 2019, the Supreme Court of India instructed ECI that printed WPAT slips from randomly
selected five polling stations in each assembly segment of a parliamentary constituency should
be matched with EVMs. This implies that VWPAT paper slips need to be matched for about 25-50
machines for each parliamentary constituency. This process requires personal supervision of
ROJARO. The ECI has decided that the counting of five VVPATs will be done sequentially.[5) The
RO can declare the final result for the constituency after the WPAT matching process has been
completed.
If there is a discrepancy between WPAT count and EVM results, the printed paper slips count is
taken as final. ECI has not clarified whether there would be any further action (such as counting
of all VVPATS in a constituency or assembly segment) if there is a discrepancy in the counts of
one of the five VVPATS.
12.2. Recording of Result Stuc

After completion of counting, the total number of votes polled by each candidate is recorded in
a result sheet and is also announced to those present at the counting.

12.3. Equality of votes

If, after the counting of the votes is completed, an equality of votes is found to exist between
any candidates, and the addition of one vote will entitle any of those candidates to be declared
elected, the Returning Officer shall forthwith decide between those candidates by lot, and
proceed as if the candidate on whom the lot falls had received an additional vote.
12.4. Declaration of Result
When the counting of the votes is finally completed and the Returning Officer has completed
and signed the result sheet, he/she will forthwith declare the candidate who has obtained the
largest number of valid votes to be duly elected.
The Election Commission may, for any special reason, direct the Returning Officer not to declare
the result; and in that event the decdaration will be withheld in accordance with such drection.