COUNTING OF VOTES

Procedure for examination and preservation of Presiding Officer's diaries.

Election Commission's Letter No. 576/3/94/J.S.II Dated: 19th May, 1994, addressed to the Chief Electoral Officers of all States and Union Territories.

Subject : Procedure for examination and preservation of Presiding Officers' Diaries after completion of poll - Instructions.

I am directed to say that it has been observed that some-time Presiding Officers' Diaries received by Returning Officers after completion of poll are kept by them in the strong rooms in which polled ballot boxes are stored. This is procedurally wrong. In the strong room containing polled ballot boxes, only the packets containing-

(1) ballot paper accounts,

(2) paper seal accounts and

(3) declarations by Presiding Officers before the commencement of poll, during poll when a new ballot box is used and at the close of poll should alone be kept along with the polled ballot boxes.

2. Diaries of Presiding Officers should not be kept in the strong rooms in any event. These diaries should be kept either under the safe custody of Returning Officer or under safe custody of one of the Assistant Returning Officer to be specifically authorised by Returning Officer for this purpose, Special care should be taken to ensure total safety.

3. These diaries should be studied and examined with meticulous care as soon as polled ballot boxes and election materials of each polling station are deposited at the storage centre. Information contained in these diaries should be taken into account by the Returning Officer when he sends the third report regarding poll which is required to be sent by him to the Commission by 0700 hours on the day following the day of poll. It should be clearly mentioned in the said report that all diaries have been checked and examined and that the report taken into account inter alia all material information contained in those diaries and the reports of sector/zonal Magistrate etc.

4. On the perusal of aforesaid diaries or on any other information/report received by Returning Officer requiring completion of adjourned poll or fresh poll under the provisions of Section 57 or 58 or 58A of the Representation of the People Act, 1951, Returning Officer should make necessary reports to Commission in the proforma prescribed for the purpose vide Commission's letter No. 576/3/91, dated 7-8-91. Any report under the said sections 57 or 58 or 58A of the Representation of the People Act, 1951 received otherwise than in the prescribed proforma or in piecemeal will not be acted upon.

5. If no case of adjourned poll/fresh poll is being reported, the third report referred to above should make a clear and unequivocally mention of the same.

6. The above instructions should be brought to the notice of all Returning Officers for strict observance and adherence. Any failure in observance of the said instructions will be viewed with grave concern.

7. Kindly acknowledge receipt immediately.



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