INSTRUCTIONS OF 1998)


No. 470/98/JSII/
Dated 13.02.1998


To,
The Chief Electoral Officers of
All States and Union Territories.


Subject : General Elections to House of People, 1998-Procedure for counting of votes-Appointment of counting personnel and counting agents – regarding.


Sir,

I am directed to say that the Commission has decided that the votes shall be counted by mixing of ballot papers, in all constituencies at the current general elections to the House of the People and State Legislative Assemblies and also at the bye-elections being held to some of the State Legislative Assemblies simultaneously. Necessary notifications in this regard under rule 59A of the Conduct of Election Rules, 1961 are being issued separately.

2. As per existing directions/instructions of the Commission, only one set of counting personnel and counting agents are allowed to be appointed for the whole process of counting of votes. Commission has taken note of the fact that where the system of counting of mixing of ballot papers is followed the counting process takes a considerable long time and counting agents and counting personnel face difficulties in terms of continuous work over an extended period.

3. The Commission has reviewed its existing directions/instructions in the matter and has decided to (i) allow the contesting candidates to change their counting agents, if they so desire, and replace them with a new set of counting agents once and (ii) permit the Returning Officers to appoint two sets of counting personnel and put them it shift duties, in the manner explained below.

4. Under the mixing system of counting of votes, the counting is done in two distinct and separate stages. In the first or the initial stage, all ballot boxes are opened polling station wise, the ballot papers contained therein are counted for numbers, such number tallied with the ballot paper account, ballot papers so taken out of the ballot boxes are made into bundles of 25 each, and all such bundles are mixed together in a big drum or receptacle. In the second stage, the detailed scrutiny of ballot papers and their distribution candidate-wise is taken up, with 1000 ballot papers (contained in 40 bundles) being so counted at each counting table.

5. The first stage itself takes up normally 6 to 8 hours and the change of counting agents at this stage would also help the contesting candidates to bring in fresh counting agents. Therefore, the candidates shall be permitted to change their counting agents at this stage, if they so desires. It may be noted that the change of counting agents shall be permitted only after the first stage is over and before the second stage is taken up. The counting agents shall not be replaced at any other stage, except as mentioned above. For this purpose, the candidates shall have to furnish the lists of both sets of their counting agents (alongwith their photographs) during the very same period as is available to them now for the submission of their lists of counting agents, i.e., by 1700 hours on the day three days preceeding the date fixed for the counting of votes.

6. At this very stage, i.e., after first stage is over and before second is taken up, the counting personnel, i.e., counting supervisors and counting assistants, etc. , shall also be changed by the Returning Officer. The old set of counting personnel having already worked for 6 to 8 hours feels fatigued by the time the second stage of counting is taken up. The new set of counting personnel being fresh for the job could work with more energy and speed and this would quicken the counting process. This will also remove the diffculty of being required to continuously do duty for very long hours.

7. Apart from the above, the Commission has further directed that the following points may be strictly observed during the counting process :-

(i) The trays in which the ballot papers for respective candidates are kept on each counting table at the time of detailed scrutiny of ballot papers for distribution candidate-wise, should be kept slightly slanting and facing the candidates’ agents who sit across the wooden barrier/wiremesh so that the agents can seen and ensure that the ballot papers are being put by the counting personnel in the right trays of the candidates concerned.

(ii) The wooden barrier or the wiremesh between the counting tables and the seats of the counting agents should be so placed that the counting agents are able to watch the whole counting process, being undertaken on the counting tables by the counting supervisors and counting agents, and object to the validity or otherwise of the ballot papers being counted. Proper setting arrangements should also made for the counting agents by providing them with reasonably comfortable chairs.

(iii) At the end of each round of counting, when the result of that round is announced, the observer, if he is present at that time in the counting hall, should countersign the result sheet for that round in token of the correctness of the counting sheet only and to obviate any chance of that sheet being manipulated or tampered with, at the stage of its incorporation in the final result sheet (Form 20). If the observer is, for any reason, not present in the counting hall when the result of any round is announced, the countersigning would be done by the Assistant Returning Officer and any Observer visiting the counting centre next should check the result sheet for that round soon after he comes to the counting hall and contersigned the same after checking its correctness. All such round wise result sheets, duly countersigned by the Asstt. Returning Officer/Observer, should be attached by the Returning Officer to the final result sheet (Form 20).

8. The contents of the above may be brought to the notice of all District Election Officers/Returning Officers and other concerned authorities immediately for their information and strict compliance.



Yours faithfully,




Sd/-
(B N CHAWLA)
SECRETARY


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