POLL
Appointment
of Polling Agents _ Identification (dt. 02.04.1996).
Secretariat of the Election
Commission of India
Nirvachan Sadan, Ashoka Road, New Delhi - 110 001.
No. 576/11/94/J.S-II Vol. I Dated: 16th December,
1994.
The Chief Electoral Officer of all States and Union
Territories
_____________________________________________________________________
Subject :- Providing the Presiding Officers
with a set of specimen signatures of candidates and
their Election Agents - Directions.
1. I am directed to state that Section46 of the
Representation of the People Act, 1951 read with rule
13 of the Conduct of Elections Rules, 1961 provides
that at every election each candidate or his election
agent can appoint one polling agent and two relief
polling agents at each polling station. However, only
one polling agent of a candidate should be allowed
inside the polling station at any given time. Every
polling agent must produce before the Presiding
Officer of the polling station the appointment letter
in Form 10 appended to the Conduct of Elections
Rules, 1961 by which the candidate or his election
agent has appointed him.
2. However, the Presiding Officer of a polling
station is not in a position to verify the signature
of the candidate or his election agent as given in
appointment letter in Form 10 presented to him by the
polling agent as he will not be having the specimen
signatures of the candidates or their election
agents. This may result sometimes in presentation of
spurious Form 10 by unscrupulous persons with the
purported/forged signatures.
3. In order to prevent any such malpractices and
unscrupulous methods at the polling stations, the
commission have devised a Format for obtaining and
circulating the specimen, signatures of the
candidates and their election agents, which is
forwarded herewith.
4. A copy of the Format may be furnished to all
Returning Officers in your State/Union Territory with
the direction that the specimen signatures of all the
contesting them on the Format and after taking
photocopies thereof in sufficient numbers, supply to
each Presiding Officer, Observers of the Commission
,Zonal Magistrates and Sector Magistrates, etc., in
the constituency.
5. Under the law, it is not obligatory on the part of
the candidates to appoint an election agent.
Therefore, if any of the candidates has not appointed
any election agent, then in the column meant for the
signature of the election agent, the words "No
Election Agent appointed" may be recorded in the
Format. The candidates are further at liberty to
revoke the appointment of an election agent and to
appoint another person as the election agent. If such
a change in the appointment is made at the last
moment when the Presiding Officers have already been
supplied with the copy of the Format containing the
specimen signatures as originally furnished by the
contesting candidate, then it shall be the
responsibility of the candidate concerned to supply a
copy of Form 9 revoking the appointment of the
election agent and a copy of Form 8 appointing the
new election agent to each Presiding Officer.
6. The Commission hereby further directs that if any
candidate and/or his election agent refuse(s) to
affix specimen signature on the Format, they may be
informed that the Presiding Officer may not entertain
any appointment letter in Form 10 from the polling
agents appointed by them if the Presiding Officer is
in reasonable doubt as to the genuineness of the
signature of the candidate or his election agent
whose specimen signature is not available in the
prescribed Format.
7. This procedure shall be followed at every election
to be announced from now onwards without fail. A copy
of these instructions translated into regional
languages be supplied to each person at the time of
filing of nominations. A suitable Press Note shall
also be issued at the time of each election.
8. Copies of these instructions may also be forwarded
to all the political parties in the State/Union
Territory.
9. Receipt of this letter with its enclosures shall
be acknowledged immediately.
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