EVM VVPAT Manual July2018
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Manual on Electronic Voting Machine and VVPAT July 2018 Document 2 - Edition 3 Hkkjr fuokZpu vk;ksx Election Commission of India Hkkjr fuokZpu vk;ksx Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi-110001 Website : www.eci.nic.in, Tel. : 011-23052205, Fax : 011-23052219 Nirvachan Sadan, Ashoka Road, New Delhi-110001 “No voter to be left behind” “No voter to be left behind” FOREWORD The use of Electronic Voting Machines has revolutionised the Electoral System and introduction of Voter Verifiable Paper Audit Trail system has provided greater transparency to the poll process. This is the 3rd Edition of Manual on Electronic Voting Machine and VVPAT, which has been restructured in view of the 100% use of VVPATs with EVMs and to familiarize the readers with the genesis of the Electronic Voting Machine, Process of its Development, Procurement, Storage and legal provisions. On the other side this manual contains all important instructions on use of Electronic Voting Machines and Voter Verifiable Paper Audit Trail, making it useful handbook on the subject for the Electoral machinery handling the Electronic Voting Machines and Voter Verifiable Paper Audit Trail system. It is hoped that this manual will prove useful to all election related officials and other stakeholders. The Commission would welcome suggestions from all users of this compendium for making it more informative and useful. Election Materials Division Election Commission of India July, 2018 New Delhi i ii MANUAL ON EVMs AND VVPATs INDEX Sl. No. Contents Pages 1. Chapter – 1 : INTRODUCTION 1-4 2. Chapter – 2 : FLOW CHART 5-7 3. Chapter – 3 : LEGAL PROVISION FOR THE USE OF EVMs & VVPATs 8-25 4. Chapter – 4 : STORAGE OF EVMs AND OPENING OF EVMWAREHOUSE 26-37 5. Chapter – 5 : FIRST LEVEL CHECKING OF EVMs & VVPATs (FLC) 38-48 6. Chapter – 6 : FIRST RANDOMIZATION OF EVMs 49-50 7. Chapter – 7 : SECOND RANDOMIZATION OF EVMs 51-52 8. Chapter – 8 : PRREPARATION OF EVMs (CANDIDATE SET) & VVPAT 53-57 9. Chapter – 9 : INSTRUCTIONS ON DISPERSAL OF EVMs AND VVPATs 58 10. Chapter – 10 : INSTRUCTIONS TO ZONAL/SECTOR/AREA OFFICERS REGARDING EVMs 59-60 11. Chapter – 1 1: VOTING COMPARTMENT TO BE USED IN POLLING STATIONS 61-62 12. Chapter – 1 2: INSTRUCTIONS ON USE OF EVMs IN POLLING STATIONS 13. Chapter – 13 : MOCK POLL ON THE DAY OF POLL 64-68 14. Chapter – 14 : DURING ACTUAL POLL 69-71 15. Chapter – 15 : INSTRUCTIONS ON EVM IN CASE OF REPOLL 16. Chapter – 16 : INSTRUCTIONS RELATING TO COUNTING 73-83 17. Chapter – 17: DISPOSAL OF EVMs 84-85 iii 63 72 18. Chapter – 18: TECHNICAL EXPERT COMMITTEE ON EVMs & VVPATs 86-87 19. Chapter – 19: EVM TRACKING SOFTWARE (ETS) 88-89 20. Chapter – 20: VARIOUS TYPES OF SEALS USED FOR SEALING EVMs & VVPATs 90-97 21. Chapter – 21: REPAIRING OF DEFECTIVE EVMs & VVPATs 98-100 22. Chapter – 22: IMPORTANT JUDGEMENTS 101-103 23. Chapter – 23: PRESENTATION ON CREDIBILITY OF EVMs AND VVPATs 104-127 24. Chapter – 24: LAYOUT OF POLLING STATION 128 25. Chapter – 25: DO’s AND DON’Ts ON USE OF VVPAT 129 26. Chapter – 26: EXAMPLES OF CRITICAL MISTAKES 130-131 27. ANNEXURES(1-30) 132-191 iv CHAPTER – 1 INTRODUCTION ELECTRONIC VOTING MACHINE (EVM) The Electronic Voting Machine (EVM), the replacement of the ballot box is mainstay in the electoral process. First conceived in 1977 in the Election Commission, the Electronics Corporation of India Ltd. (ECIL), Hyderabad was assigned the task to design and develop it. In 1979 a proto-type was developed, which was demonstrated by the Election Commission before the representatives of political parties on 6th August, 1980. The Bharat Electronic Ltd. (BEL), Bangalore, another public-sector undertaking, was co-opted along with ECIL to manufacture EVMs once a broad consensus was reached on its introduction. First time use of EVMs occurred in the general election in Kerala in May, 1982; however, the absence of a specific law prescribing its use led to the Supreme Court striking down that election. Subsequently, in 1989, the Parliament amended the Representation of the People Act, 1951 to create a provision for the use of EVMs in the elections (chapter 3). A general consensus on its introduction could be reached only in 1998 and these were used in 25 Legislative Assembly constituencies spread across three states of Madhya Pradesh, Rajasthan and Delhi. Its use was further expanded in 1999 to 45 Parliamentary Constituencies and later, in February 2000, to 45 Assembly Constituencies of the Haryana Assembly elections. In the State Assembly elections, held in May 2001,in the states of Tamil Nadu, Kerala, Pondicherry and West Bengal, the EVMs were used in all the Assembly Constituencies. Since then, for every State Assembly election, the Commission has used the EVMs. In 2004, in the General Election to the Lok Sabha, the EVMs (more than one million) were used in all 543 Parliamentary Constituencies in the country. An EVM consists of two units, namely, Control Unit (CU) and Balloting Unit (BU) with a cable (5 mt. long) for connecting the both. A Balloting Unit caters upto 16 candidates. There are number of variants available for the EVMs. Timeto-time, it has evolved and has become more robust. In case of pre-2006 (M1) and post-2006 EVMs (M2), 4 (Four) Balloting Units can be cascaded together to accommodate upto a maximum of 64 candidates (including NOTA), which can be used with one Control Unit. In case of upgraded post-2006 EVMs (M3), 24 (Twenty Four) Balloting Units can be cascaded together catering to 384 candidates 1 (including NOTA) which can be used with one Control Unit. It runs on a power pack (Battery) having 7.5 volts. In case of M3 EVM, power packs are inserted in 5th, 9th, 13th, 17th& 21stBalloting Units, if more than 4 BUs are connected to a Control Unit. On the right side of the BU along the candidates’ vote button, digits 1 to 16 are embossed in Braille signage for guidance of visually impaired electors. Control Unit Balloting Unit The design and application of EVMs in the elections are considered a significant achievement in global democracy. It has brought more transparency, swiftness, and acceptability in the system. It has also helped in creating a vast pool of election officials well versed in its use. In its evolution, the Commission has issued series of instructions, frequently asked questions, and technical guidelines. During this period a number of judicial pronouncements has also helped in making the EVMs an integral component of our electoral system. VOTER VERIFIABLE PAPER AUDIT TRAIL (VVPAT) In a meeting of all political parties held on 4th October, 2010, the parties expressed satisfaction with the EVM but some parties requested the Commission to consider introducing Voter Verifiable Paper Audit Trail for further transparency and verifiability in poll process. The Commission referred the matter to its Technical Expert Committee on EVMs for examining and making a recommendation in this regard. The Expert Committee had several rounds of meetings with the manufacturers of EVM, namely, BEL & ECIL, on this issue and then had met the political parties and other civil society members to explore the design requirement of the VVPAT system with the EVM. 2 On the direction of the Expert Committee, the BEL and ECIL made a prototype and demonstrated before the Committee and the Commission in 2011. On the recommendation of the Expert Committee on EVM & VVPAT system, the Commission conducted simulated election for the field trial of VVPAT system in Ladakh (Jammu & Kashmir), Thiruvananthapuram (Kerala), Cherrapunjee (Meghalaya), East Delhi District (NCT of Delhi) and Jaisalmer (Rajasthan) in July 2011. All stake holders including senior leaders of political parties and civil society members participated and witnessed enthusiastically in the field trial. After 1st field trial of the VVPAT system, Commission made a detailed reassessment of the VVPAT system to further fine tune the VVPAT system. Accordingly, the manufacturers developed 2nd version of VVPAT prototype. The same was again subjected to 2nd field trial in the said five locations in July-August 2012. In the meeting of the Technical Expert Committee held on 19.02.2013, the Committee approved the design of VVPAT and also recommended the Commission to take action on amendment of the rules for using VVPAT. The Government of India notified the amended Conduct of Elections Rules, 1961 on 14th August, 2013, enabling the Commission to use VVPAT with EVMs. The Commission used VVPAT with EVMs first time in bye-election from 51-Noksen (ST) Assembly Constituency of Nagaland. Thereafter, VVPATs have been used in selected constituencies in every election to Legislative Assemblies and 8 Parliamentary Constituencies in General Election to the House of the People-2014. Facts on VVPAT: Control Unit VSDU Printer (VVPAT) Balloting Unit 3 Voter Verifiable Paper Audit Trail is an independent system attached with the Electronic Voting Machines that allows the voters to verify that their votes are cast as intended. When a vote is cast, a slip is printedon the VVPAT printer containing the serial number, name and symbol of the candidate and remains exposed through a transparent window for 7 seconds. Thereafter, this printed slip automatically gets cut and falls in sealed drop box of the VVPAT. VVPAT consists of a Printer and a VVPAT Status Display Unit (VSDU). VVPAT runs on a power pack (Battery) of 22.5 volts. Control Unit and VSDU are kept with the Presiding Officer/Polling Officer and Balloting Unit and Printer are kept in the voting compartment. This Manual on EVMs is an important milestone in documentation as it brings all previous instructions and guidelines on a single platform for better readability. Divided in 26 chapters, it details legal framework, series of checking, randomization, storage instructions, setting of EVMs (with VVPAT), mock poll instructions, counting instructions, frequently asked questions, judicial decisions, and earlier references. ******** 4 CHAPTER – 2 FLOW CHART (EVM/VVPAT PROCESS AT A GLANCE) CONCEPT AND DESIGNING OF ELECTRONIC VOTING MACHINES (EVMS)& VOTER VERIFIABLE PAPER AUDIT TRAILS (VVPATS) 5 6 STANDARD SCHEDULE FOR UPCOMING/POLL GOING STATES PROCESS TIME SCHEDULE 1 2 Allocation of EVMs/VVPATs by ECI Poll Gone C+30 Ordering of consumables LOI Poll Gone C+30 Dispatch from Donor States Poll Gone C+60 Receipt at Borrower States P-120 FLC start P-90 FLC completion P-51 1st Randomization of EVMs/VVPATs P-21 2nd Randomization of EVMs/VVPATs P-14 Handing over of Defective EVMs/VVPAT to manufacturers for repair C+60 Completion of Repairs C+90 P = Poll day C = Counting day 7 CHAPTER – 3 LEGAL PROVISION FOR THE USE OF EVMS & VVPATS 3.1 T he Electronic Voting Machines were used for the first time during the General Election to the Kerala Legislative Assembly held from Parur Assembly Constituency in May, 1982 at 50 polling stations. Thereafter, these machines were used in ten other constituencies in 1982-83. fter 1983, the EVMs could not be used, as in the Election Appeal arising out A of the election petition relating to the use of the machines in the election from Parur Assembly Constituency in Kerala, the Supreme Court ruled that there should be specific provision in the law providing for use of EVMs in elections. T hereupon, the Election Commission of India recommended to the Government of India to amend the law suitably to provide legal sanction for the use of EVMs. In December, 1988 a new section 61A was inserted in the Representation of the People Act, 1951, empowering the Election Commission of India to use Electronic Voting Machines in elections, which reads as under “ 61A. Voting machines at elections.—Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.” E xplanation.—For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election. T he Supreme Court upheld the validity of the above provision in All India Anna Dravida Munnetra Kazhagam v/s. Chief Election Commissioner and others [2002(UJ)(1)387] [NOTE: In case of any discrepancy kindly refer Manual of Election Laws] THE REPRESENTATION OF THE PEOPLE ACT, 1951 8 58. Fresh poll in the case of destruction, etc., of ballot boxes.— (2) (3) (1) If at any election,— (a) a ny ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or [(aa) a ny voting machine develops a mechanical failure during the course of the recording of votes; or] (b) a ny such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission. T hereupon the Election Commission shall, after taking all material circumstances into account; either— (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 5[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. T he provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.] 61A. Voting machines at elections.— otwithstanding anything contained in this Act or the rules made thereunder, N the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. 9 E xplanation.—For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.] 135A. Offence of booth capturing.— [ (1)] Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 6[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine]. E xplanation.— For the purposes of 7[this sub-section and section 20B], "booth capturing" includes, among other things, all or any of the following activities, namely:— (a) s eizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections; (b) t aking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and 6[prevent others from free exercise of their right to vote]; (c) [coercing or intimidating or threatening directly or indirectly] any 8 elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote; (d) s eizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes; (e) oing by any person in the service of Government, of all or any of the d aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.] 10 (2) An offence punishable under sub-section (1) shall be cognizable.] 169. Power to make rules.— (1) T he Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— [(a) the form of affidavit under sub-section (2) of section 33A;] [(aa)] the duties of presiding officers and polling officers at polling stations; [(aaa) the form of contribution report;] (b) the checking of voters by reference to the electoral roll; [(bb) t he manner of allocation of equitable sharing of time on the cable television network and other electronic media;]; (c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability ; (d) t he manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vote; (e) t he procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such elector; [(ee) t he manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] (f) t he procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote; (g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election; 11 [(gg) t he procedure as to counting of votes recorded by means of voting machines;] (h) the safe custody of 3[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; [(hh) t he material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;] (i) any other matter required to be prescribed by this Act. [(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]. Conduct of Elections Rules, 1961 (Statutory Rules and Order)with Conduct of Elections (Amendment) Rules, 2013 Voting by Electronic Voting Machines & EVMs with VVPATs 49A. Design of Electronic Voting Machines.— E very electronic voting machine (hereinafter referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the Election Commission. Provided that a printer with a drop box of such design as may be approved by the Election Commission may also be attached to a voting machine for printing a paper trail of the vote, in such constituency or constituencies or parts thereof as the Election Commission may direct. 49B. Preparation of voting machine by the returning Officer.— 12 (1) T he balloting unit of the voting machine shall contain such particulars and in such language or languages as the Election Commission may specify. (2) T he names of the candidates shall be arranged on the balloting unit in the same order in which they appear in the list of the contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. (4) Subject to the foregoing provisions of this rule, the returning officer shall— (a) x the label containing the names and symbol of the contesting fi candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same; (b) s et the number of contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same; (c) where the printer for paper trail is used under the proviso to rule 49A, set the printer as per the number of contesting candidates set in the Control Unit by – i. loading in the printer the serial numbers and names of candidates and symbols allotted to them as given on the balloting units under clause (a); ii. loading paper in the printer; and iii. sealing the printer in such manner as may be directed by the Election Commission”. 49C. Arrangements at the polling stations.— (1) (2) Outside each polling station there shall be displayed prominently— (a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and, when the polling area has more than one polling station, the particulars of the electors so entitled; and (b) a copy of the list of contesting candidates. t each polling station there shall be set up one or more voting compartments A in which the electors can record their votes free from observation. 13 (3) T he returning officer shall provide at each polling station one voting machine and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll. (4) ithout prejudice to the provisions of sub-rule (3), the returning officer W may, with the previous approval of the Election Commission, provide one common voting machine for two or more polling stations located in the same premises. * * * * * 49E. Preparation of voting machine for poll.— (1) T he control unit and balloting unit of every voting machine used at polling station and the printer for paper trail where used, shall bear a label marked with— (a) the serial number, if any, and the name of the constituency; (b) t he serial number and name of the polling station or stations as the case may be; (c) the serial number of the unit; and (d) the date of poll. (2) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the label referred to in sub-rule (1), and where the printer for paper trail is used that the drop box of the printer is empty. (3) paper seal shall be used for securing the control unit of the voting machine, A and the presiding officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as the desirous of affixing the same. (4) T he presiding officer shall thereafter fix the paper seal so signed in the space meant therefore in the control unit of the voting machine and shall secure and seal the same. (5) T he seal used for securing the control unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the “result button” without breaking the seal. 14 (6) T he control unit shall be closed and secured and placed in full view of the presiding officer and the polling agents and the balloting unit placed in the voting compartment. (7) Where the printer for paper trail is used, the printer shall also be kept along with the balloting unit in the voting compartment and shall be connected to the EVM in the manner as directed by the Election Commission. * * * * * 49L. Procedure for voting by voting machines. — (1) Before permitting an elector to vote, the polling officer shall— (a) r ecord the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form 17A. (b) btain the signature or the thumb impression of the elector on the o said register of votes; and (c) ark the name of the elector in the marked copy of the electoral roll m to indicate that he has been allowed to vote: (d) g ive details of the document produced by the elector in proof of his/ her identification.] rovided that no elector shall be allowed to vote unless he has his P signature or thumb impression on the register of voters. (2) otwithstanding anything contained in sub-rule (2) of rule 2, it shall be N necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the register of voters. 49M. Maintenance of secrecy of voting by electors within the polling station and voting procedures. — (1) E very elector who has been permitted to vote under rule 49L shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) Immediately on being permitted to vote the elector shall proceed to the presiding officer or the polling officer in-charge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit; for recording of elector's vote. (3) The elector shall thereafter forthwith— 15 (a) proceed to the voting compartment; (b) r ecord his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and (c) come out of the voting compartment and leave the polling station: Provided that where printer for paper trail is used, upon casting the vote by pressing the button under clause (b), the elector shall be able to view through the transparent window of the printer, kept alongwith the balloting unit inside the voting compartment, the printed paper slip showing the serial no, name and the symbol of the candidate for whom he has cast his vote before such paper slip gets cut and drops in the drop box of the printer”. (4) Every elector shall vote without undue delay. (5) o elector shall be allowed to enter the voting compartment when another N elector is inside it. (6) If an elector who has been permitted to vote under rule 49L or rule 49P refuses after warning given by the presiding officer to observe the procedure laid down in sub-rule (3) of the said rules, the presiding officer or a polling officer under the direction of the presiding officer shall not allow such elector to vote. (7) here an elector is not allowed to vote under sub-rule (6), a remark to the W effect that voting procedure has been violated shall be made against the elector's name in the register of voters in Form 17A by the presiding officer under his signature. 49MA Procedure in case of complaint about particulars printed on paper slip(1) Where printer for paper trail is used, if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer shall obtain a written declaration from the elector as to the allegation, after warning the elector about the consequence of making a false declaration. (2) If the elector gives the written declaration referred to in sub-rule (1), the presiding officer shall make a second entry related to that elector in Form 16 17A, and permit the elector to record a test vote in the voting machine in his presence and in the presence of the candidates or polling agents who may be present in the polling station, and observe the paper slip generated by the printer. (3) If the allegation is found true, the presiding officer shall report the facts immediately to the returning officer, stop further recording of votes in that voting machine and act as per the direction that may be given by the Returning Officer. (4) If, however, the allegation is found to be false and the paper slip so generated under sub-rule (1) matches with the test vote recorded by the elector under sub-rule (2), then, the presiding officer shall(i) make a remark to that effect against the second entry relating to that elector in Form 17A mentioning the serial number and name of the candidate for whom such test votes has been recorded; (ii) btain the signature or thumb impression of that elector against such o remarks; and (iii) make necessary entries regarding such test vote in item 5 in Part I of Form 17C. 49N. Recording of votes of blind or infirm electors.— (1) If the presiding officer is satisfied that owing to blindness or other physical infirmities an elector is unable to recognise the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance the presiding officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes: Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day. (2) T he presiding officer shall keep a record in Form 14A of all cases under this rule. 17 49Q. Presiding Officer's entry in the voting compartment during poll.— (1) T he presiding officer may whenever he considers it necessary so to do, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with in any way. (2) If the presiding officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll. (3) henever the presiding officer enters the voting compartment under this W rule, he shall permit the polling agents present to accompany him if they so desire. 49R. Closing of poll.— T he presiding officer shall close a polling station at the hour fixed in that behalf under section 56 and shall not thereafter admit any elector into the polling station: rovided that all electors present at the polling station before it is closed P shall be allowed to cast their votes. If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the presiding officer and his decision shall be final. 49S. Account of votes recorded.— (1) T he presiding officer shall at the close of the poll prepare an account of votes recorded in Form 17C and enclose it in a separate cover with the words ‘Account of Votes Recorded’ superscribed thereon. (2) T he presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in Form 17C after obtaining a receipt from the said polling agent therefore and shall attest it as a true copy. 49T. Sealing of voting machine after poll.— (1) s soon as practicable after the closing of the poll, the presiding officer shall A close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit and from the printer, 18 where printer is also used, so however, that the paper slips contained in the drop box of the printer shall remain intact. (2) T he control unit and the balloting unit and the printer, where it is used, shall thereafter be sealed, and secured separately in such manner as the Election Commission may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seals. (3) T he polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so. 49U. Sealing of other packets.— (1) (2) The presiding officer shall then make into separate packet,— (a) the marked copy of the electoral roll; (b) the register of voters in Form 17A; (c) t he cover containing the tendered ballot papers and the list in Form 17B; (d) the list of challenged votes; and (e) any other papers directed by the Election Commission to be kept in a sealed packet. E ach packet shall be sealed with the seal of the presiding officer and with the seal either of the candidate or of his election agent or of his polling agent who may be present at the polling station and may desire to affix his seal thereon. 49V. Transmission of voting machines, etc., to the returning officer.— (1) (2) T he presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct,— (a) the voting machine; (b) the account of votes recorded in Form 17C; (c) the sealed packets referred to in rule 49U; and (d) all other papers used at the poll. 80 T he returning officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes. 19 49X. Closing of voting machine in case of booth capturing.—Where the presiding officer is of opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall immediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting that from the control unit.] 49W. Procedure on adjournment of poll.— (1) If the poll at any polling station is adjourned under sub-section (1) of section 57, the provision of rules 49S to 49V shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under section 56. (2) hen an adjourned poll is recommended under sub-section (2) of section W 57, the electors who have already voted at the poll so adjourned shall not be allowed to vote again. (3) T he returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll, register of voters in Form 17A and a new voting machine. (4) T he presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors who are allowed to vote at the adjourned poll. (5) T he provisions of rule 28 and rules 49A to 49V shall apply in relation to the conduct of an adjourned poll before it was so adjourned. 66A. Counting of votes where electronic voting machines have been used.— In relation to the counting of votes at a polling station, where voting machine has been used,— t he provisions of rules 50 to 54 and in lieu of rules 55, 56 and 57, the following rules shall respectively apply, namely:— ‘55C. Scrutiny and inspection of voting machines.— (1) T he returning officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously. (2) efore the votes recorded in any control unit of voting machine are counted B under sub-rule (1), the candidate or his election agent or his counting agent 20 present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact. (3) T he returning officer shall satisfy himself that none of the voting machines has in fact been tampered with. (4) If the returning officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in section 58, or section 58A or section 64A, as may be applicable in respect of the polling station or stations where that machine was used. 56C. Counting of votes.— (1) fter the returning officer is satisfied that a voting machine has in fact not A been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit. (2) s the votes polled by each candidate are displayed on the control unit, the A returning officer shall have,— (a) t he number of such votes recorded separately in respect of each candidate in Part II on Form 17C; Provided that the test vote recorded, if any, for a candidate, as per item 5 in Part I of Form 17C, shall be subtracted from the number of votes recorded for such candidate as displayed on the control unit. (b) art II of Form 17C completed in other respects and signed by the P counting supervisor and also by the candidates or their election agents or their counting agents present; and (c) c orresponding entries made in a result sheet in Form 20 and the particulars so entered in the result sheet announced. “56D Scrutiny of paper trail(1) here printer for paper trail is used, after the entries made in the result W sheet are announced, any candidate, or in his absence, his election agent or any of his counting agents may apply in writing to the returning officer to 21 count the printed paper slips in the drop box of the printer in respect of any polling station or polling stations. (2) n such application being made, the returning officer shall, subject to such O general or special guidelines, as may be issued by the Election Commission, decide the matter and may allow the application in whole or in part or may reject in whole, if it appears to him to be frivolous or unreasonable. (3) E very decision of the returning officer under sub-rule (2) shall be in writing and shall contain the reasons therefor. (4) If the returning officer decides under sub-rule (2) to allow counting of the paper slips either wholly or in part or parts, he shall(a) do the counting in the manner as may be directed by the Election Commission; (b) if there is discrepancy between the votes displayed on the control unit and the counting of the paper slips, amend the result sheet in Form 20 as per the paper slips count; (c) announce the amendments so made by him; and (d) complete and sign the result sheet.” 57C. Sealing of voting machines.— (1) fter the result of voting recorded in a control unit has been ascertained A candidate-wise and entered in Part II of Form 17C and Form 20 under rule 56C, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix the seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result and where printer for paper trail is used, the returning officer shall seal the paper slips in such manner, as may be directed by the Election Commission. (2) T he control unit and the paper slips so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely:— (a) the name of the constituency; (b) t he particulars of polling station or stations where the control unit has been used; 22 92. (c) serial number of the control unit and printer wherever used; (d) date of poll; and (e) date of counting.’; (ii) t he provisions of rules 60 to 66 shall, so far as may be, apply in relation to voting by voting machines and any reference in those rules to,— (a) allot paper shall be construed as including a reference to such voting b machine; 91 (b) a ny rule shall be construed as a reference to the corresponding rule in Chapter II of Part IV or, as the case may be, to rule 55C or 56C or 57C]. Custody of ballot boxes and papers relating to election- (1A) A ll voting machines used at an election shall be kept in the custody of the concerned district election officer. (2) The district election officer shall keep in safe custody- * * * * * (cc) the printed paper slips sealed under the provisions of rule 57C. * * * * * (dd) The packets containing registers of voters in Form 17A [93. Production and inspection of election papers.— (1) hile in the custody of the district election officer or, as the case may be, the W returning officer— (a) t he packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of the counterfoils of used ballot papers; (cc) the printed paper slips sealed under the provisions of rule 57C. (d) t he packets of the marked copy of the electoral roll or, as the case may be, the list maintained under sub-section (1) or sub-section (2) of section 152; and [(dd) the packets containing registers of voters in form 17-A;] 23 (e) t he packets of the declarations by electors and the attestation of their signatures; shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent court. [1A) T he control units sealed under the provisions of rule 57C and kept in the custody of the district election officer shall not be opened and shall not be inspected by, or produced before, any person or authority except under the orders of a competent court.] (2) S ubject to such conditions and to the payment of such fee as the Election Commission may direct, — (a) a ll other papers relating to the election shall be open to public inspection; and (b) copies thereof shall on application be furnished. (3) c opies of the returns by the returning officer forwarded under rule 64, or as the case may be, under clause (b) of sub-rule (1) of rule 84 shall be furnished by the returning officer, district election officer, chief electoral officer or the Election Commission on payment of a fee of two rupees for each copy.] 94. Disposal of election papers.— S ubject to any direction to the contrary given by the Election Commission or by a competent court or tribunal— [(a) t he packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the Election Commission may direct;] [(aa) t he voting machines kept in the custody of the district election officer under sub-rule (1A) of rule 92 shall be retained intact for such period as the Election Commission may direct and shall not be used at any subsequent election without the previous approval of the Election Commission;] (b) t he other packets referred to in sub-rule (1) of rule 93 shall be retained for a period of one year and shall thereafter be destroyed: [Provided that packets containing the counterfoils of used ballot papers and the printer paper slips, if any, shall not be destroyed except with the previous approval of the Election Commission;] 24 (c) a ll other papers relating to the election shall be retained for such period as the Election Commission may direct. 95. Power of the Election Commission to issue directions.— S ubject to the other provisions of these rules, the Election Commission may issue such directions as it may consider necessary to facilitate the proper use and operation of the voting machines. [For provisions regarding use of VVPAT system please refer to the Conduct of Elections (Amendment) Rules, 2013] 25 CHAPTER – 4 STORAGE OF EVMS AND OPENING OF EVM-WAREHOUSE 4.1 During Non-Election Period Non-election period means, after EP period (i.e. 45-days from the date of declaration of the result of the last election) and upto announcement of next election in the constituency. 4.1.1 Physical Verification of EVMs uring non-election period, 100% physical verification of EVMs shall be D carried out by the District Election Officers (DEOs) in the month of April every year so that the report of the same is made available to the Commission through the Chief Electoral Officer of the concerned States/UTs by 15th May every year. For this purpose, the Commission will issue a direction for opening of EVM-warehouses. On receiving direction from the Commission, the DEOs shall take the following course of action:a) CEO/DEO shall ensure that EVM-warehouses, in which EVMs pertaining to any election petition or court cases are stored, shall not be opened for the purpose of physical verification of EVMs. b) DEO shall nominate an Officer not below the rank of Tehsildar for the purpose of opening of EVM-warehouse [except EVM-warehouse mentioned at (a) above] and for conducting physical verification of EVMs. c) National and State recognized political parties shall be informed in writing, at least 24 hours in advance, about the date and time of opening and closure of EVM warehouse. Their authorized representatives shall be allowed to remain present at the time of opening and closure of the warehouse. A report shall be prepared in this regard and signature of the authorized representatives of political parties shall also be taken on the report. d) The authorised representatives of Political Parties shall be allowed to witness the Annual Physical Verification of EVMs & VVPATs. e) uty Register of persons engaged in physical verification to be D maintained. This register shall be preserved for 5 years. 26 f) etails of EVMs shall be maintained in a Master Stock Register (MSR). D MSR shall be maintained warehouse-wise for every district in the format given in Annexure –1. g) Based on this MSR, the DEO shall send a physical verification report in the format given in Annexure - 2to the Commission through the CEO of the concerned States/UTs. 4.1.2 Storage of EVMs i. EVM should be stored in Treasury, wherever possible. ii. Where not stored in the Treasury, EVMs must be stored in a separate warehouse where nothing other than EVM is kept. iii. Normally the EVMs should be stored at District Head Quarters. iv. owever, if it is not possible to store the EVMs at District HQs, H then EVM storage warehouse should not be at a place below Tehsil headquarters. v. No EVM shall be kept outside the EVM warehouse (i.e. all the EVMs should be kept in EVM warehouse and not at any other place) for any purpose without specific approval of the Commission. vi. Action to be taken in case of traced or recovered lost/stolen EVMs a. Furnish the detailed report to the Commission. b. Recovered/traced units shall not be stored/kept in the warehouse having EVMs/VVPATs and must be stored/kept in a separate store. c. S tock-taking of such recovered/traced units of EVM shall not be done, if already does not exist in stock inventory; and d. Recovered/traced units of EVM should be sent to the factory for destruction. vii. EVM storage warehouse must not have more than one (1) entry point. If there are any other doors or windows in the warehouse, they should be sealed using brick-masonry or concrete. viii. Entry of EVM storage warehouse must be secured by a double lock system, which should be held jointly by two separate officers, to be nominated by the DEO. One of whom shall not be below the rank of Tehsildar. For warehouses at district headquarters, there shall be a double-lock system. The Keys shall be in custody of DEO & Dy. DEO, 27 each having one key. Handing over and taking over of keys to be a part of CTC. ix. M ain switch of the warehouse/strong room should be installed outside the warehouse/strong room and the electricity be disconnected after sealing the warehouse/ strong room to avoid short circuiting. No externally powered unit should be installed or kept inside the strong room. x. Warehouse must be free from dampness, pests, rodents etc. Proper fire-fighting arrangement must be made available. Warehouse should be free from flood/water logging risk/cracks/leakage/broken window etc. To provide an inlet/outlet for air-circulation to avoid foul smell in strong rooms, exhaust fan may be installed, subject to the following conditions:- a. E xhaust fan shall be installed on the front side of the strong room, where security guards are posted and not on the rear side; b. E xhaust fan shall be installed at the highest point feasible, below the roof; c. A strong iron grill shall be installed at the vent/passage where exhaust fan will be installed. d. EVMs must be kept in a safe manner. xi. Adequate security arrangement must be made at warehouse by deputing police/security guard round the clock. 4.1.3 Movement of EVMs During non-election period, EVMs shall not be moved in or out of the EVM warehouse without specific approval of the Commission. In case of intra or inter State shifting of EVMs, on the direction of the Commission, the following shall be strictly followed:i. The CEO will communicate the direction of the Commission on shifting of EVMs to the DEO concerned. ii. EO(s) will issue written order to the officer referred in para 4.1.1(b) D above for opening of EVM-warehouse [except EVM-warehouse mentioned at [4.1.1(a)] to shift the required number of EVMs. iii. On receiving the written order of the DEO, the nominated Officer shall identify the EVMs to be moved out and make an entry of the details of 28 such EVMs in the Master Stock Register/Movement Register and shall take a written acknowledgement from the officer, who is receiving the EVM, as proof of having received the EVMs. 4.2 During Election Period 4.2.1 Physical Verification of EVMs If there is a general election during the year, the DEO shall carry out 100% physical verification of EVMs during the First Level Checking of the EVMs and send the report to the Commission through Chief Electoral Officer in the format in Annexure –3. 4.2.2 Storage of EVMs 4.2.2.1 Pre-Poll Storage: fter FLC and first randomization of EVMs, EVMs shall be handed over to A the Returning Officer/Assistant Returning Officer concerned. The Returning Officers shall follow the following guidelines:i) RO/ARO shall store the EVMs, allocated for his constituency, in a strong room in the presence of representatives of National/State Level Political Parties, under videography. EVMs meant for training and awareness of voters shall be kept in a separate strong room so that strong room having EVMs (including reserve EVMs) meant for poll need not be opened before preparation of EVMs. ii) T hereafter, RO shall open the strong room having EVMs (including reserve EVMs) meant for poll at the time of preparation of EVMs (candidate setting) in the presence of candidates/their representatives, under videography. iii) fter preparation of EVMs at RO level, EVMs including reserve EVMs A shall again be kept in strong room in the presence of candidates/their representatives, under videography. iv) Thereafter, RO shall open the strong room having EVMs (including reserve EVMs) on the day of dispersal of polling parties in the presence of candidates/their representatives, under videography. v. After completion of poll, polled EVMs shall be escorted back to the strong room for storing in double lock system in the presence of candidates/their representatives, under videography.It shall be ensured that complete set (BU, CU & VVPAT) of a particular polling station shall be kept in the same strong-room. 29 vi. nused EVMs and unused VVPATs shall be stored in separate strong U room. 4.2.2.2 Post-Poll Storage: The following instructions shall be strictly followed for the security and safety of strong rooms where the polled EVMs and VVPATs are kept for counting of votes – i. The strong rooms should have double lock system. One key should be kept with District Election Officer and the other with Returning Officer of concerned assembly constituency. ii. Two cordoned security arrangements should be made round the clock for the strong rooms having polled EVMs kept for counting of votes. The CPF should man the innermost perimeter security immediately outside the strong room and the State Armed Police should man the outermost perimeter security. iii. The minimum security requirement for strong room of polled EVMs and VVPATs must be One Platoon. A logbook shall be maintained during the said period. iv. All contesting candidates should be intimated in writing to depute their representatives to keep a close watch on security arrangement of strong room. They should be allowed to stay outside the inner perimeter at a location, which enables them to view the entry points of the strong room. As far as possible, facilities such as proper shade, drinking water, etc. shall be provided to them. If there is no direct view to the entry point of the strong room, CCTV may be arranged at such location, from where they can see the strong room door on CCTV. In such a case, they may be taken periodically to the inner perimeter in batches, to see, verify and satisfy themselves regarding the security of strong room. The CCTV display of Strong Room shall be arranged on a large TV screen at the place earmarked for the representatives of Political Parties and agents of the candidates, so that they can continuously monitor the Strong Room. v. A control room adjacent to the strong room SHOULD BE operative round the clock. vi. Gazetted officer along with a senior police officer should be put A on duty round the clock for monitoring the security arrangements of strong room. 30 vii. T here should be sufficient arrangement of fire extinguishers near and inside the strong room. viii. T here should be an arrangement round the clock for the security of unused EVMs also. ix. No one should be allowed to enter the inner perimeter without adhering the following protocols:- a. T he log book shall be maintained by the CPF in which entry should be made about date, time, duration and name(s) of person(s) crossing the second security ring i.e. the middle perimeter. This includes visits by the Observers or DEOs or SPs or candidates or their agents or any other person. b. ideo cameras should be provided to the CPF contingent to record all V visits made by such visitors. x. It should be ensured that there is uninterrupted power supply at the strong room locations during the entire period wherein EVMs are stored. CEO may address the Chairman of Electricity Board concerned separately regarding this. Local Electricity Board officials should be asked to ensure the same. Contingency arrangement of stand-by generators should be made to ensure uninterrupted power supply. xi. T he phone nos. of CEO, Addl. CEOs, DEC in-charge in the ECI and the DEO/SP/COP/ROs concerned should be given to the candidates, who may provide the same to their representatives, keeping vigil at the strong room location(s). The candidates may advise their representatives to contact the officials, in case of any emergency. xii. All the entry points (doors etc.) of strong rooms should be under constant videography using the web-cams and laptops available. If there are other doors of the strong room, they should also be covered by the web-cams/videography. Persons coming to take back-up from the laptops should have identity cards given to them and their names should be recorded in advance with the CPF contingent stationed there. Their visits should be videographed by the CPF contingent with the video camera provided for the entire duration. xiii eturning Officers should visit the storage campus (upto the inner R perimeter only) every day in the morning and evening and check the log book and videography and send a report to the DEO on the 31 status every day. In case of strong rooms located in the district headquarters, the DEO should do the same. Where the strong rooms are situated outside the District Headquarters, DEO should visit the same as frequently as possible and at least once in 3 to 4 days. xiv o vehicle, including that of any official or ministers or any other N political functionary, should be allowed inside the secured campus where the EVMs are stored. Alighting point for the vehicles should be marked clearly ahead of the outer security perimeter itself beyond it, it should be a pedestrian zone only. xv. Cs and SPs shall be personally responsible for security of strong room D within the district and meticulous implementation of the protocol. The copy of this Manual should be made available to all candidates, DEOs, ROs and CPF commandant. xvi. On the day of counting of votes, the strong room shall be opened in the presence of candidates/their representative, RO and Observer under videography. xvii. After opening the strong room for counting of votes, complete videography of taking out/bringing back of Control Units shall be done. Agents of candidates should also be allowed to watch strong room through CCTV coverage. xviii. log book must be maintained for the persons who have been A allowed/deputed to view the CCTV. xix. After completion of counting of votes, Control Units shall be sealed as per existing instruction of the Commission. Thereafter, EVMs (Balloting Units and Control Units) and VVPATs shall be shifted back to Strong Room for safe storage. Note: 1. Procedure to be followed for storing polled EVMs in strong room i) All Presiding Officers or the Collecting Parties should deposit the voting machines and election papers and materials at the storage centres without any avoidable delay. Any officer who defaults in this respect will make himself liable to disciplinary action. ii) eturning Officer may earmark inside the storage room or building, R specified parts of the floor space in the form of squares in advance 32 for stacking the voting machines received from particular polling stations. The arrangement for this should follow the serial number of polling stations. iii) All Balloting unit(s) and control unit and VVPAT(s) received from one polling station must invariably be kept together at one place on the same square. The control unit should be kept on top of the Balloting unit(s). One copy of the Part I of Form-17 C, as filled by the concerned Presiding Officer of each polling station, should be kept on top of the control unit pertaining to the polling station. Sealed envelope containing the declarations made by the Presiding Officers before the start of the poll and at the end of the poll should also be kept in the strong room with polled EVMs. The duplicate copy of the account of votes recorded and the paper seal account should be kept under your safe custody along with the Presiding Officers Diary and other records like Register of Voters(17A), reports of Sector/ Zonal magistrates, Additional inputs provided by the Presiding Officer (refer ECI instruction in this regard) etc. Under no circumstance, these papers/records should be put in strong room where polled EVMs are kept. iv) S ufficient space should be left between rows of voting machines as they are being stacked so that other machines received subsequently out of turn (from the point of view of serial numbers of the polling stations) may be kept at their appropriate allotted space without the necessity of having to shift any of the voting machines received and stacked in earlier point of time. v) If any of the contesting candidates so desires, he may be permitted to post an agent to keep watch at the place where the voting machines are stored pending the counting and allow him to affix his own seals to the doors and windows of the building in which voting machines have been stored in addition to the seals that may be affixed by you. It should also be ensured that immediately after all the voting machines have been received and stored, the room is locked forthwith. Thereafter, no one is allowed to go in until the morning of the day fixed for counting. If during this interval, for some unavoidable reason, the room has to be opened you should send for the candidates or their authorized representatives by giving them intimation in writing and open the room in their presence and immediately after the purpose 33 for which the room is opened is over, this room should be closed and sealed and the candidates or their representatives should again be allowed to put their seal on the door lock and windows. 2. vi) Whenever it is necessary to open the room in which the voting machines are stored, proper entries should be made in the logbook giving details of the persons entering the room, the purpose of such entry, time of entry, time of exit, signature of the guards, etc. vii) T hese instructions will also apply mutatis mutandis to the storage of the voting machines during the interval between the original count and the recount, if any Under rule 94(aa) of the Conduct of Elections Rules 1961, the guidelines of the Commission on retention period of the EVMs after using in election and for using the same in the subsequent elections, are as under: A. E very Voting Machine (EVM) and VVPATs used in an election and kept in the custody of the District Election Officer shall be kept untouched, under the standard protocol of security, till confirmation of Election petition position from the High Court concerned after the completion of the period for filing Election Petition i.e. 45 days from the date of declaration of the result. B. In the case of elections, where no election petition has been filed or no other court cases are pending, after the aforesaid period, the EVMs may be allowed to be used by the Election Commission for any future election or any other purpose like movement, physical verification of EVMs and VVPATs, etc. C. In case of any election where election petition has been filed, the following action shall be taken:- i) If the EVMs are the subject of the election petition, the EVMs used at all Polling Stations in the constituency concerned shall continue to be kept in the safe custody of the District Election Officer, till such time the Election Petition is finally disposed of by the Courts. ii) If the EVMs are not the subject of the election petition, an application may be moved to the concerned Court for allowing the EVMs concerned to be taken out of the strong room for any future election or any other purpose like movement, physical verification of EVMs etc. 34 iii) In case EVMs not involved in any Election Petition/Court Case are stored with the EVMs involved in Election Petition/Court Case, the following procedure shall be followed for segregating the EVMs not involved in any election petition/court case form the EVMs involved in EP/Court case:- a) A Notice informing the opening of Strong Room having EVMs involved in EP/Court Case shall be given to the petitioners/respondents of the EP/Court Case and the representatives of all political parties in writing at least 72 hours in advance, requesting them to remain present at the time of opening of strong room. b) The strong room shall be opened in the presence of the District Election Officer, Petitioners/respondents of the EP/Court case and representatives of Political Parties. c) The EVMs not involved in any EP/Court Case shall be segregated from the EVMs involved in EP/Court Case for taking out of the strong room. A list of EVMs being so taken out from the strong room shall be prepared. d) T he EVMs, which are not involved in any EP/Court Case, should alone be taken out of the Strong room. e) The entire process shall be videographed. f) A copy of the list of EVMs being taken out from the strong room and copy of videography shall be given to the petitioner/respondent of the EP/court case and acknowledgement taken. D. If any other Court Case is pending, like, booth capturing, etc., in which any EVM is involved, the EVM concerned or the EVM(s) used at such Polling Station(s) concerned may also be kept till the final disposal of the said case. After the final disposal of the election petitions or other court cases, as the case may be, referred to above, the EVMs can be used for subsequent elections. 2. Storage and Security Arrangements for EVMs & VVPATs a) EVMs and VVPATs of ECI be mandatorily kept in separate and secure warehouse at all district headquarters, under the custody of District Election Officer concerned. 35 b) 4X7 armed police security shall be provided at all such EVM/VVPAT 2 warehouse in each district, throughout the election, as well as, nonelection period. c) The minimum security requirement for strong room of polled EVMs must be One Platoon. A logbook shall be maintained during the said period. d) 24x365 Police Security of EVM/VVPAT warehouses. In addition, CCTV from start of FLC till EP completion period. e) Security: Non Poll (Post EP to FLC) – Minimum 1/2 Section FLC to Polling – Minimum 1 Section Poll to EP - Minimum 1 Platoon 3. Transportation of EVMs & VVPATs: For any transportation of EVMs/VVPATs from one place to another (i.e. from factory to States, Inter-State, Intra-State etc.), following protocols shall be strictly followed: a) Movement of EVMs & VVPATs should mandatorily be done through EVM Tracking Software (ETS). b) ontainerized trucks or sealed trucks on which proper locking C arrangements can be made shall only be used for transporting EVMs and VVPATs, so that these could be locked and sealed with paper seals. c) All trucks transporting EVMs/VVPATs shall be sealed with lock and paper seals. d) ehicles with GPS tracking only should be used for movement of V EVM/VVPAT. e) Political Parties shall be informed in advanced about opening, stocking & sealing of warehouses while shifting EVMs and VVPATs. However, if no representative attends, the work should not stop. f) DEO to video-graph the whole process of transfer/receipt of EVM. i) Transportation from Factory to State a) PS tracking of vehicles shall be monitored on daily basis by the G District Election Officers and randomly monitored by the Chief Electoral Officers. A daily monitoring report shall be sent by the Chief Electoral Officer to the Commission. 36 b) F or transportation of EVMs/VVPATs (newly manufacture or repaired) from factory to State, transportation arrangements shall be done by the manufacturers. The transportation charges for shifting of repaired EVMs/VVPATs from factory to State/UT allocated by the Commission shall be borne by the State/UT concerned. c) Manufacturers shall undertake Due Diligence for empanelling/ engaging transport companies for transportation of EVMs/VVPATs. d) onsignee State/UT shall depute its official at factory with security C personnel from their State and follow the security protocol for Inter State transfers. ii) Inter State Transportation a) nodal officer at State as well as District level shall be appointed for A constant coordination for smooth transportation of EVMs in donor and borrower States. b) s far as possible, the CEOs shall ensure the location of districts for A collection of EVMs/VVPATs by borrowing State are in a cluster or on the same route. c) EOs shall ensure that neither defective nor ‘EVMs/VVPATs under D conflict in ETS’ are transferred to the borrowing State. iii) Intra State Transportation a) Intra-district allocation as well as inter-district allocations to be done as per existing instructions only. b) All movements of EVMs/VVPATs shall be done through ETS and with prior permission of the Commission. c) In case of exigencies like flood or fire the CEO/DEO may shift the EVMs/VVPATs under intimation to the Commission and also take post facto approval. d) EOs will ensure appointment of team to accompany the truck D for transporting EVMs/VVPATs, arrangement of district transport, arrangement for proper handing over and receipt of EVMs/VVPATs. ******** 37 CHAPTER – 5 FIRST LEVEL CHECKING OF EVMS& VVPATS (FLC) 5.1 OVERALL RESPONSIBILITY OF FLC District Election Officer shall be responsible for overall FLC process and shall ensure strict adherence & compliance of FLC instructions. District Election Officer shall appoint an Addl./Dy. DEO fully trained with FLC process as FLC supervisor. 5.2. FLC when to be done: 5.2.1. F LC of EVMs and VVPATs shall be done before every bye-election and general election to State Legislative Assembly and House of the People (Lok Sabha) or in any elections where EVMs are used in future. 5.2.2. F LC of EVMs (Control Units and Balloting Units) and VVPATs shall commence a) within one month of occurrence of vacancy in case of bye-election. b) a t least P-120 days in case of General Election to State Legislative Assembly. c) at least P-180 days in case of General Election to Lok Sabha. 5.2.3. F LC is to be done sufficiently in advance so that all checks are carried out without any undue haste in the presence of representatives of political parties. 5.2.4. F LC of EVMs and VVPATs shall be completed, as far as possible, well before the issue of notification calling the election. 5.3. Schedule of FLC: 5.3.1. D epending on the number of EVMs and VVPATs to be checked in FLC, the CEO shall prepare a schedule for the FLC of EVMs in consultation with EVM manufacturers (ECIL & BEL). 5.3.2. T he above schedule shall be made available to the Commission for approval by P-130 days in case of General Election to State Legislative Assembly and P-190 days in case of General Election to Lok Sabha. 5.4. FLC to be done in the presence of representatives of political parties: 5.4.1. T he schedule for FLC shall be communicated to every national and state level recognized political party at the district headquarters 38 under intimation to the parties at State headquarters, in writing by the DEO at least one week before the beginning of the FLC in the district. 5.4.2. O n the day of the FLC, representatives of all national and state level recognized political parties authorized by the District President of the party shall be encouraged to be present. 5.4.3. A register shall be kept at FLC hall by the DEO in Annexure –4in which signatures of all political parties shall be taken every day as token of their presence. 5.5. Arrangements in the premises of FLC: 5.5.1. F LC shall be carried out in a large, well-lit, well ventilated and dust free hall. Non-heating high illumination LED lights may be installed so that each table is brightly lit. 5.5.2. T he hall must be spacious to accommodate the EVMs and VVPATs to be checked, officials nominated by the DEO, engineers of BEL and ECIL and also representatives of political parties. The requirement of tables, chairs and labours shall be assessed in consultation with BEL and ECIL. 5.5.3. F LC area shall be barricaded and sanitized by police before the hall is used for FLC. It shall be ensured that the hall is free from any other electronic device or components of electronic devices, except those permitted by the Commission for the purpose of recording FLC process etc. 5.5.4. T here should be adequate arrangement of fire extinguishers and fire alarm inside and outside the hall as FLC teams use highly inflammable thinners to clean the EVMs. 5.5.5. F LC area shall have the facilities of drinking water, toilet, first aid etc., including toilets for women. 5.5.6. T here shall be only one entry and exit point to the hall, which shall be guarded by armed police force round the clock. 5.5.7. E very hall shall have a door frame metal detector (DFMD) & entry shall be permitted only through DFMD. Every person who enters the hall shall be frisked at every entry. If a person makes multiple entries in the hall, he/she shall be frisked each time the entry is made. 39 5.5.8. E ntry to this hall shall be only on production of Identity Card of the authorized officials/passes issued by the District Election Officer. 5.5.9. N obody will be allowed to carry any electronic device inside the hall including cell phones, camera and spy pens etc. Similarly, nobody will be allowed to carry anything out of the FLC hall. A collection center for electronics items like cell phones, camera etc. shall be made outside the hall. Only two mobiles, to be used by the election officials nominated by the DEO, shall be allowed for marking of FLC-OK or FLC-Reject using Mobile App developed by the Commission for this purpose.Security personnel will not allow any other equipment to be carried into the FLC hall by the engineers except those mentioned in FLC Standard Operating Procedure (SoP). 5.5.10. Arrangement of Web-casting/CCTVs/videography: eb-casting must be done of the entire FLC process for monitoring W by DEO/CEO/Commission only. The line feed of webcasting must be closely monitored at the Control Room at DEO and CEO level and report submitted to ECI. 5.5.11. A log book shall be maintained for entry and exit of every person including the officers, representatives of political parties etc. 5.5.12. A separate log book (i.e. duty roaster) shall also be maintained for armed police force deployed for FLC hall for recording the names, designation, shift duties, take over and handover charges etc. 5.5.13. The Commission will send an inspection team comprising of officers of ECI/CEO, alongwith engineers of the manufacturers to inspect the FLC hall and preparedness of FLC 3-5 days before start of FLC. DEO shall accompany this team to assess preparedness first hand. 5.6 Manpower in FLC: 5.6.1. F LC shall be carried out only by authorized engineers of BEL and ECIL. BEL and ECIL shall be fully responsible for the integrity, efficiency and competence of their engineers. 5.6.2. L ist of engineers deputed by BEL and ECIL for carrying out FLC will be randomized by the Commission for allotment of the State. Districtwise allocation shall be done by CEO and this list alongwith engineers cell numbers shall be intimated to DEO. 40 5.6.3. M anufacturers shall depute Sr. level engineers at State headquarters as well as each district headquarters to supervise FLC. 5.6.4. O ne manager shall be appointed by BEL/ECIL for 4-5 districts & this manager shall remain in the field for daily supervision & coordination. 5.6.5. N o engineers, technicians or other technical staff except authorized engineers/technical staff of BEL and ECIL shall be allowed to enter the FLC hall. 5.6.6. S ufficient unskilled labour shall be deployed for cleaning, unpacking and packing EVMs and VVPATs. The requirement of labour can be assessed in consultation with the manufacturers. 5.7. Work to be done during FLC: At the time of FLC, the following activities must be undertaken: leaning of machines: Removal of address tags, Ballot Papers, cleaning C of superscriptions on CU & BU, clearing of earlier poll data, dusting of CU & BU etc. These activities are carried-out in the secured place at the FLC venue under close supervision of FLC in-charge and Engineers deputed by manufacturers. isual Inspection of EVM & VVPAT: Physical inspection of Carrying Cases, V EVM, VVPAT, Connecting Cable, Connector, Latches etc. to ensure no structural damage or breakage of plastic parts, latches, switches etc. Full functionality checks: hecking of all switches in Control Unit, Balloting Unit, doors (flaps), C sealing provisions, scratches on acrylic screen etc. esponse of all switches, confirmation tests for efficacy of Control R Unit, Balloting Unit etc. – BEL and ECIL engineers shall carry out test prescribed by the manufacturers as per the SoP to confirm that all components of the EVM are original. The plastic cabinets of both Control Unit and Balloting Unit of the EVMs shall be opened by the BEL/ECIL engineers in the presence of political party representatives at the time of FLC and the PCB and other components of EVMs will be shown to them. BEL and ECIL engineers will certify in Annexure-5 that all the components of the EVMs are original. 41 If any EVM is found to be defective, it will be kept aside and sent to the factory of BEL and ECIL for repairs within 7 days of completion of FLC in the district. CEO shall club despatches from more than 1 district to economise transport. No electronic repair of the machine shall be carried out in the field. Changing of electronic components of the machines in the field is strictly prohibited. etailed Standard Operating Procedure (SoP) mentioning the stepD by-step instructions of checking of the machine is attached at Annexure-6. Copy of this SoP shall be pasted prominently at FLC Hall. These instructions include a list of equipment and spares, which the engineers shall be allowed to carry with them in FLC hall. Conduct of Mock Poll: Casting of 1 (one) vote against each of the 16 candidate buttons, observation of result and clearing of mock poll data will be done for each EVM (BU+CU). Additionally, mock-poll in 1% of EVMs of 1200 votes, in 2% of EVMs of 1000 votes and in 2% of EVMs of 500votes shall be done and a printout of the results, as well as sequential print-out of every vote polled, shall be taken out and shown to the representatives of political parties. epresentatives of political parties shall be allowed to pick machines R randomly for the purpose of mock-poll. Signatures of representatives of political parties shall be taken in a register in Annexure-7, as a token of having seen the print out and confirmation that there is no discrepancy between the votes polled during the mock poll and results in the sequential print out. In rest of the machines, number of votes polled during the mock poll should be to the satisfaction of the representatives of political parties. Representatives of political parties shall be allowed to do the mock poll themselves, if they so desire. S ignatures of representatives of political parties shall be taken in a register in Annexure –8 as a token of having done mock poll themselves. 42 In case of VVPATs, mock-poll with 6 votes against each of the 16 candidate buttons shall be done, followed by observation of result and tally of electronic count and printed paper slips of VVPATs for each VVPAT. S ignatures of representatives of political parties shall be taken in a register in Annexure-9, as a token of having seen the print outs and confirmation that there are no discrepancies between the VVPAT paper slips count and electronic count/print outs of EVM. 5.8. Sealing of plastic cabinet of Control Unit of EVMs with pink paper seal: 5.8.1 In order to ensure that the Control Unit of the EVM cannot be opened after First Level Checking of the EVMs, the Control Unit shall be sealed with the ‘Pink Paper Seal’ supplied by the Nasik Security Press, in the presence of the representatives of the Political Parties present at the time of FLC. The Pink Paper Seal shall be affixed on the portion between the Candidate Set Section and the Result Section of the Control Unit. 5.8.2. F LC Supervisor shall ascertain that the EVM (BU & CU) and VVPAT are checked properly and are FLC-OK in all respect before affixing his signature on the Green FLC-OK stickers to be pasted on the machines. Further, he must be fully satisfied with the FLC process before using Pink Paper Seal for sealing the FLC-OK CU. 5.8.3. A fter fixing the Pink Paper Seal, the Engineer of the Manufacturer shall put his signature on the Pink Paper Seal; the representatives of the Political Parties shall also be allowed to put their signature on the said seal with party name in abbreviation below the signature. 5.8.4. T he representatives of the Political Parties present should be allowed to note down the serial number of the pink paper seal affixed on the Control Unit. 5.8.5. A register in Annexure–10shall be maintained to note down the serial number of the pink paper seal used on the Control Unit by clearly mentioning the unique ID number of Control Unit and the Pink Paper Seal number. Signatures of representatives of political parties will also be obtained on this register. 5.8.6. P hotocopy of this register shall be given free of cost to all National and State level recognized political parties as soon as FLC is over. 43 5.8.7. P hotocopy of this register shall also be given to all contesting candidates as soon as last date of withdrawal of candidature is over. 5.8.8. P hotocopy of this register should also be available at the time of candidate setting and at the time of counting, and should be shown to candidates and their representative and acknowledgement taken on the register. 5.9. Supervision of FLC: 5.9.1. F LC shall be carried out under the direct and close supervision of District Election Officer. 5.9.2. T he DEO shall nominate one officer not below the rank of Additional/ Deputy DEO as FLC-Supervisor to supervise the entire process of FLC. This officer shall be present in the FLC hall for the entire duration of FLC. FLC Supervisor shall submit a certificate in Annexure-11to the CEO concerned through DEO before starting of FLC to the effect that all arrangements for FLC have been done as per ECI instructions. 5.9.3. D istrict Election Officer shall invariably conduct a daily inspection of the FLC venue & FLC process to ensure that the FLC is being carried out as per the instruction of the Commission. The process of FLC shall be webcast & continuously recorded. Video CD will be kept in the custody of DEO. 5.9.4. W ebcast cameras shall be installed in the FLC hall in such a manner that the process of FLC can be fully seen on webcast. 5.9.5. C ontrol Room shall be set up at CEO office for monitoring through webcast whether FLC instructions & procedures are being fully followed. 5.9.6. C EO shall depute teams to conduct surprise inspection of FLC process in the districts from time to time. The report of such inspection undertaken by CEO shall be submitted to the Commission. 5.9.7. A fter completion of the FLC of all the BUs, CUs and VVPATs and updating of FLC-status in the ETS, DEOs shall submit a Certificate to this effect to the CEO in the format given at Annexure-12and CEO will submit a consolidated certificate for all the districts to the Commission. 44 5.10 Security measures for EVMs after FLC of EVMs: 5.10.1 C omprehensive arrangements should be made for round-the-clock security of the strong rooms having EVMs after First-Level-Checking. 5.10.2 M inimum one section of Armed personnel of State Police + State Armed Police shall be deployed for 24 X 7 security of Strong room having FLC done EVMs/VVPATs. 5.10.3 T he entry point of strong room having EVMs after FLC shall have 24 X 7 CCTV coverage round the clock. 5.10.4. There should be sufficient arrangement of fire extinguishers and fire alarm near and inside the strong room. 5.10.5. A log book shall be maintained by the security personnel in which entry should be made about date, time, duration and name(s) of anyone entering near the strong rooms. This includes visits by the Observers or DEOs or SPs or Political Parties/candidates or their agents or any other person. 5.11. Recording of FLC Status in EVM Tracking Software: F LC status (FLC-OK or FLC-Failed) of the BUs, CUs and VVPATs for which FLC has been completed by the Engineers, shall be updated in the ETS using ‘Shifting/FLC/Randomisation’ mobile-app on day-to-day basis. In respect of FLC-OK CUs serial number of the Pink-Paper Seal is also required to be entered, while entering serial number of Pink-Paper Seal, it should be ensured that only numerical number is to be entered not the alphabet prefixed to the numerals (i.e. if the serial no. of pink paper seal is X 123456, only 123456 will be entered as serial no. of pink paper seal). In case of VVPATs, the box number will always be ‘0’. 5.12 TAKING OUT EVMS AND VVPATS FOR TRAINING AND AWARENESS PURPOSE T o ensure proper training and awareness on use of VVPATs with EVMs, the Commission has directed that after FLC of EVMs and VVPATs: i) % of EVMs and VVPATs shall be taken out for training and awareness 5 purpose. ii) Political Parties should necessarily be invited to witness this process from opening of Warehouse and re-sealing of warehouse after taking out the EVMs/VVPATs for awareness. Entire process to be videographed. 45 iii) T he list of such EVMs and VVPATs shall be given to the National and State Recognised Political Parties. This list shall also be shared with the candidates/their agents, as and when they are finalised. iv) A sticker of Yellow colour mentioning “Training/Awareness” shall be affixed on such EVMs and VVPATs. v) T he abovementioned EVMs and VVPATs shall be stored in a separate warehouse with proper security, as is done for strong room having FLC-OK EVMs and VVPATs. vi) S uch EVMs and VVPATs shall be given only to the authorised officials deputed by the District Election Officer concerned. vii) The DEO shall ensure that the officials chosen for creation of EVM/ VVPAT related awareness/IEC campaign, as well as those nominated for handling these EVMs and VVPATs must be comprehensively trained on the usage and functioning of the EVMs and VVPATs. viii) It shall be ensured that after the conclusion of training and awareness programs, these EVMs and VVPATs shall be stored in the designated warehouse on a daily basis. ix) Proper log book shall be maintained. x) Closing and opening of the designated warehoused shall be videographed. However, the presence of the representatives of the political parties are not required for the purpose. xi) Awareness EVMs/VVPATs can be added to Training EVMs/VVPATs, if required. xii) oth Training and Awareness EVMs/VVPATs can be added to poll B day reserve, if required, after due process of FLC, randomization and Candidate Setting in the presence of political parties/contesting candidates/their agents. NOTE: FLC OK EVMs & VVPATs taken out for the abovementioned purpose, shall be marked ‘Training and Awareness” in ETS also so that these EVMs and VVPATs cannot be used for Randomization. 5.13 Standard Operating Procedure (SoP) for Training (including demonstration and awareness programme) of EVM & VVPAT T he Commission has directed that following SoP shall strictly be followed for Training (including demonstration and awareness programme) of EVM & VVPAT: 46 E VM or/and VVPAT used for the aforesaid purpose shall be checked/ tested by authorised engineer(s) of M/s Bharat Electronics Limited (BEL) and M/s Electronics Corporation of India Limited (ECIL), as the case may be, during First Level Checking (FLC). O nly “FLC OK” units shall be used for training, demonstration and awareness campaign. E ngineer(s) of BEL and ECIL shall ensure that there is no data (including ballot paper, in case of Ballot Unit) of previous election in the EVM and VVPAT also. E ngineer(s) shall only use dummy symbols for ballot paper(s) and VVPAT as mentioned below: For name of candidates- AAA, BBB, CCC, ………and so on; F or symbol of candidates- Alpha (α), Beta (β), Gama (γ)………..and so on. Sample: For Training/Demo/Awareness 1 AAA α 2 BBB β 3 CCC γ ---- Only Sample ballot papers, having dummy names and symbols, shall be used for training, demonstration, awareness campaign and First Level Checking of EVMs or/and VVPATs. B EL/ECIL shall ensure that engineers deputed for training, demonstration, awareness campaign and First Level Checking of EVMs or/and VVPATs must carry necessary equipment/Zig for symbol loading and preparation of sample ballot papers and printer for printing sequential print out of dummy data. 5.14. TRAINING OF MASTER TRAINERS, POLLING PERSONNEL, COUNTING PERSONNEL AND STORAGE PERSONNEL: P residing Officers, Polling Officers, Returning Officer, Assistant Returning Officers, Sector Officers and Counting Personnel must be 47 given hands-on-training related to their role/duties on use of EVMs with VVPATs. E very official should get an opportunity to operate the EVM with VVPAT system and understand the process of recording the vote using VVPAT. S eparate training should be given on counting of printed paper slips from the VVPAT system and tallying the count of VVPAT paper slips with the count of the Control Unit. A copy of VVPAT brochure (Annexure-13) should be given to all officers during training and be available at polling station on poll day. A training session may be incorporated in the training module of State Public Administration Institutions, on operation & use of VVPATs. 5.15. VVPAT DEMONSTRATION A demonstration of VVPAT system should be organized by the District Election Officers (DEOs) for political parties, Returning Officers and electors at suitable locations. F urther, the Returning Officers (ROs) shall arrange demonstration of VVPAT system for candidates and electors at suitable locations in the constituency. T he poster “How to Cast Your Vote Using EVMs and VVPATs” (Annexure-14) on method of voting with VVPAT should be pasted at prominent places of the constituencies and at places in each polling station in a manner that voters waiting in the queue are able to read the instructions. T he DEO and RO should also organize programmes for awareness about use of EVMs with VVPAT on print media and local cable-network etc. A short film on How to Cast Your Vote using VVPAT with EVM shall be made in regional language for this purpose. NOTE: Only FLC-OK EVMs & VVPATs with dummy symbols shall be used for training, awareness and demonstration. 48 CHAPTER – 6 FIRST RANDOMIZATION OF EVMS 6.1 Process of First Randomization – F irst randomization of Balloting Units (BUs) and Control Units (CUs) will be done to randomly assign EVMs to Assembly Constituencies (ACs), training and Awareness Programmes. After FLC is over, the DEO will fix a schedule for first randomization of EVMs. This schedule should be fixed in such a manner that first randomization is completed before the start of training of polling personnel. During first randomization, CUs and BUs are assigned to ACs in the presence of the representatives of recognized political parties. The randomization will be done in such a way that the CUs and BUs are randomly selected by grouping them to match the poll day requirement including the reserve required for each constituency. Surplus CUs and BUs after assigning ACs to them shall also be randomly grouped and distributed AC wise for the purpose of training and awareness programme. (for the training of the polling staff as well as for the purpose of voter awareness). A sticker of Green colour shall be affixed on the CUs and BUs assigned to ACs for polling. A sticker of Yellow colour shall be affixed on the CUs and BUs assigned for training and awareness programme. The sticker shall clearly indicate the Name of State/UT and the Number and Name of Assembly Constituency. “Training/ Awareness” will be written on the sticker of CUs and BUs assigned for training and awareness. “Election” will be written on the sticker of CUs and BUs assigned for polling. No current ID will be given during randomization. After randomization the CUs and BUs will be marked “Election” or “Training/ Awareness” in the EVM tracking software. 6.2 Communication of the List of Randomized CUs and BUs to Political Parties fter first randomization list of randomized CUs and BUs clearly indicating A which CUs and BUs are to be used in which AC for polling and which CUs and BUs are to be used in which AC for training and awareness should be given to each recognized political party and a written acknowledgement obtained. A copy of this list should be given to all the candidates after the last date of withdrawal of candidatures. 6.3 Taking charge of EVMs by RO fter first randomization the R.O of the constituency, shall take charge of A the CUs and BUs randomly allotted to his constituency. The CUs and BUs 49 meant for use at the election shall be separately taken to R.O’s strong room under proper escort and will be guarded 24X7. The training EVMs shall be distributed to the relevant officers for the training purpose. At the time of sealing the strong room, the representatives of political parties can remain present and they can also affix their seal on the lock. 6.4 Security Measures 6.4.1 A fter first randomization of EVMs the Returning Officer of the constituency, shall take charge of the CUs and BUs randomly allotted to his constituency. The CUs and BUs meant for use at the election shall be separately taken to R.O’s strong room under proper escort and will be guarded 24X7. The training EVMs to be distributed to the relevant officers for the training purpose shall be kept in separate strong room within the same premises. At the time of sealing the strong room, where EVMs to be used for election are kept, the representatives of political parties can remain present and they can also affix their seal on the lock. For this purposerecognised National & State Level Political Parties should be intimated in writing in advance. 6.4.2 T he strong rooms should have only one entry point and double lock system. One key should be kept with Returning Officer and the other with Assistant Returning Officer of concerned assembly constituency. Other entry points of the strong rooms (including windows) should be sealed in such a way that no one has access inside the strong rooms. 6.4.3 S ecurity arrangements should be made round the clock for the strong rooms having EVMs after First Level Checking. 6.4.4 T he entry point of strong room having EVMs after FLC shall have CCTV coverage round the clock. 6.4.5 T here should be sufficient arrangement of fire extinguishers near and inside the strong room. 6.4.6 A log book shall be maintained by the security personnel in which entry should be made about date, time, duration, purpose and name(s) of anyone entering near the strong rooms. This includes visits by the Observers or DEOs or SPs or Political Parties/candidates or their agents or any other person. NOTE: The above process/procedure shall be followed for VVPAT also. ******** 50 CHAPTER – 7 SECOND RANDOMIZATION OF EVMS 7.1 Second randomization S econd randomization of EVMs has to be done before preparation of EVMs for poll by candidate setting as the address tag of EVM is sealed at the time of preparation of EVM (Candidate Set). The purpose of second randomization of EVMs is to allocate EVMs randomly to polling stations. The Returning officer should fix the date of preparation of EVMs for poll (Candidate set) and intimate all candidates to remain present or send their representatives during the process. The date should be fixed as early as possible after the last date of withdrawal of candidatures and finalization of ballot papers. On this day, second randomization should be done before doing the process of preparation of EVMs for polls and CUs and BUs should be randomly allocated to polling stations. After second randomization, Polling Station number should be marked in the EVM tracking software, against those BUs and CUs which have been assigned polling stations. Those BUs and CUs which have not been assigned polling stations but are meant to be used in elections should be marked “Reserve” in the EVM tracking software. A list of CUs and BUs along with the number of polling stations assigned to them should be given to all the candidates. Similarly a list of CUs and BUs kept in reserve should also be given to the candidates and their written acknowledgement taken. 7.2 Allocation of additional BUs here more than one Balloting Unit is being used, the Returning Officers W will ensure that the additional prepared Balloting Units are also allocated randomly to the polling stations. For this purpose there may be two Scenarios– 7.2.1 Scenario 1: reparation of EVMs and second level randomization is already over before P the additional Balloting Units reach the Returning Officer’s Headquarters. In this case, another randomization for allocating Balloting Units No.2/3 will be done to allocate the Balloting Units to the polling stations and the list of such allocation shall also be supplied to the Political Parties/Candidates. 51 7.2.2 Scenario 2: reparation of EVMs and second level randomization is done after the arrival P of additional Balloting Units. In such case, the randomization will be done in such a way that against the polling station number the Control Unit number is shown first and then the Balloting Unit No.1 and Balloting Unit No2 and so on. 7.3 Cascading of BUs In the constituencies where additional Balloting Units are being used because of the number of contesting candidates being more than 16 (including NOTA), the Presiding Officers should be specifically instructed to arrange the Balloting Units in the manner as shown in the figure enclosed herewith at Annexure-9. For this purpose, the size of Voting Compartment should be increased proportionally in such a way that the electors are not put to any kind of inconvenience and at the same time the secrecy of ballot is not compromised in any way. NOTE: The above process/procedure shall be followed for VVPAT also. ******** 52 CHAPTER – 8 PREPARATION OF EVMS (CANDIDATE SET)& VVPATS 8.1 When preparation of EVMs/VVPATs to be done reparation of EVMs/VVPATs for elections shall be done invariably in the P presence of candidates or their representatives. The Returning Officer shall draw a schedule for preparation of EVMs/VVPATs. Preparation of EVMs should start as soon as possible after the last date of withdrawal of candidatures. Sufficient time should be provided for preparation of EVMs for each Assembly Constituency in the case of Assembly Elections and for each assembly segment in the case of Parliamentary Elections. It may be noted that the time required for preparation of EVMs/VVPATs under the new instructions will be sufficiently more than the time required earlier. Therefore, the schedule should be fixed in such a manner that preparation of EVMs/VVPATs is not done in a hurried manner. Ideally, the Returning Officer should fix between 3-5 days for each Assembly Segment for this purpose. In case of Parliamentary Elections, preparation of EVMs for assembly segment should be supervised by Assistant Returning Officers. The schedule should be made in such a manner that preparation of EVMs/VVPATs is done for all the assembly segments in separate halls and is completed at least 8 – 10 days before the poll. Candidates should be informed in writing of the schedule for preparation of EVMs/VVPATs and should be requested to be present or send their representatives at the time of preparation of EVMs/ VVPATs. In the written invitation, conveying schedule for preparation of EVMs/VVPAT to be sent to the Candidates, it shall be mentioned that they/ their representatives must be present to oversee preparation of EVMs/ VVPATs and actively participate in the mock poll process. On the day of the preparation, a register in Annexure-15will be kept by the Returning Officer in which the signatures of candidates or their representatives will be taken as token of their presence. 8.2 Arrangements in the premises of preparation of EVM/VVPATs reparation shall be carried out in a large hall which can accommodate all EVMs P to be prepared. The hall should be able to accommodate officers nominated by the District Election Officer, engineers of Bharat Electronics Limited (BEL) / Electronics Corporation of India Limited (ECIL) and also representatives of 53 candidates. Before the hall is used for preparation, it shall be fully sanitized to ensure that the hall is free from any other electronic device or components of electronic devices. Every entry to the hall shall be guarded by police force. Every hall shall have a door-frame metal detector. Every person who enters the hall shall be frisked at every entry. Entry to this hall shall be on production of Identity Card of the authorized officials/passes issued by the District Election Officer (DEO). Nobody will be allowed to carry any electronic device inside the hall including cell phones, camera and spy pens. Similarly, nobody will be allowed to carry anything out of the preparation hall. 8.3 Manpower for preparation Only the authorized engineers of BEL and ECIL shall be associated with the preparation of EVMs/VVPATs. BEL and ECIL shall be fully responsible for integrity, efficiency and competence of their engineers. List of engineers deputed by BEL and ECIL for carrying out task during the preparation of EVMs/VVPATs in a district along with their identity card numbers etc. shall be communicated in writing by BEL and ECIL to the DEO. No engineers, technicians or other technical staff, except authorized engineers/technical staff of BEL and ECIL, shall be allowed to enter the preparation hall. Manufacturers shall provide Protocol/checklist on preparation of EVMs/ VVPATs to DEO/RO beforehand for proper watch on work of Engineers. Authorized persons will be allowed to enter the preparation hall only after proper identification using photo identity documents. It may be noted that a separate team will be required for each EVM in which 1000 votes are cast during mock poll because the time required for casting of 1000 votes will be at least 4 hours. 8.4 Additional tasks during preparation etailed instructions of the tasks to be done during preparation of Balloting D Units and Control Units of EVMs have been given the Handbook for Returning Officers. In addition to these tasks, following additional tasks shall be performed: 8.4.1 Checking of Balloting Units (BUs) – uter cover of BUs shall be opened and inside of BU shown to O candidates and their representatives at the time of preparation of EVMs. BU shall be examined by BEL and ECIL engineers who will certify as in Annexure-16 that all components of BUs are original. If any BU 54 is found defective, it will be kept aside and can be taken back to the factory of BEL and ECIL for repairs. No repairs shall be carried out in the field. Changing of components in the field is strictly prohibited. Detailed instructions of checking of BU shall be issued separately by BEL and ECIL for their respective machines. These instructions will include a list of equipment which the engineers will be required to carry within the preparation hall. Security personnel will not allow any other equipment to be carried into the preparation hall. 8.4.2 T he VVPAT system shall be prepared for poll in the following manner as mentioned in Rule 49B [4(c) (i) – (iii)] of the Conduct of Elections Rules, 1961: Installation of paper roll Inserting of power pack T he VVPAT consists of VVPAT Status Display Unit (VSDU) and VVPAT Printer unit. A new battery power pack shall be connected to the VVPAT unit and shut the door of the battery compartment, but no sealing is required on battery compartment as the power pack can be replaced if low battery status is indicated on VSDU during the poll. A fresh paper roll shall be installed in the printer unit as per the procedure mentioned in the user manual for VVPAT provided by the manufacturer (Annexure 17) S erial numbers, names of candidates and symbols allotted shall be loaded in VVPAT with the help of engineers. A test printout shall be checked with the ballot paper in Balloting Unit (BU). T hen one vote to each candidate shall be given to check that the VVPAT is printing the paper slips accurately. 55 T hereafter, switch off the CU and seal the latches of paper roll compartment using thread seals and address tags. The candidates/ their agents shall be allowed to affix their signatures with party abbreviations on Address Tags. 8.4.3 Conduct of Mock Poll: During commissioning of EVMs and VVPATs, mock poll of 1000 votes will be cast on 5% randomly selected EVMs, as well as VVPATs. The electronic result shall be tallied with paper count. Candidates/their representatives shall be allowed to pick machines randomly for this purpose and also to participate in the process. Representatives of candidates shall be allowed to do the mock poll themselves. Signatures of representatives of candidates shall be taken in a register in Annexure–18as token of having done mock poll themselves. It may be ensured that the pink paper seal of the CU which has been applied on the CU at the time of FLC is not damaged in any manner in this process. 8.4.4 Sealing of plastic cabinet of BU with pink paper seal: etailed instructions of sealing the BU with thread seals are mentioned D in the Handbook for Returning Officers. In addition, the BU shall be sealed with a special “pink paper seal” supplied by India Security Press, Nasik, in the presence of candidates or their representatives at the time of preparation of EVMs. Pink paper seal shall be fixed at the lower most portion of the BU in such a manner that no candidate’s button or candidate’s name or symbol is hidden by the seal. After affixing the pink paper seal, BEL / ECIL engineer shall put his signature on the pink paper seal. Candidates or their representatives shall also be allowed to put their signatures on the pink paper seal with name of the candidate, party before the signature. Candidates and their representatives should also be allowed to note down the serial number of the pink paper seal of the CU. A register in Annexure -19shall be maintained to note down the serial no. of the pink paper seal used on the Balloting unit by clearly mentioning unique ID of the BU and pink paper seal no. Signatures of candidates and their representatives will also be obtained on this register. Photocopies of this register will be given free of cost to all candidates once preparation is over. 56 8.4.5 Supervision of the preparation: reparation shall be supervised either personally by the RO or one P of the AROs deputed by the RO for this purpose. The process of preparation of EVM should be fully video-graphed. Manufacturers shall also depute Sr. Level Engineers at State and District levels for supervision and coordination during preparation of EVMs/VVPATs. NOTE: In case any BU or CU does not work properly during commissioning of EVMs & VVPATs, dispersal of polling parties or during mock Mock-poll at polling station, the concerned unit (i.e. in case BU does not work properly, only BU is to be replaced and similar for CU) will be replaced from the reserve one. ******** 57 CHAPTER – 9 INSTRUCTIONS ON DISPERSAL OF EVMS AND VVPATS 9.1 hen the EVMs/VVPATs are taken out of the strong room for dispatch to W polling stations, the usual precaution of informing the date and time of opening of strong room in writing to the candidates/ agents shall be followed. 9.2 t the time of dispatch, the Presiding Officers shall be advised to compare A the machine number inscribed on the metal label and the adhesive sticker and also verify the PS no indicated on the sticker and compare it with PS no. mentioned in the address tag before accepting the EVM/VVPATs. Discrepancy, if any, shall be brought to the notice of the officer in charge of dispatch arrangement and be reconciled. 9.3 T he candidates may be advised to share the machine number of the EVM (both CU/ BU) /VVPATs allotted to the specific PS with their polling agent/ agents appointed by them so that they are in a position to inspect the EVM/ VVPAT for their satisfaction before the commencement of mock poll at the polling station on the poll day. The Presiding Officers shall be advised to show the machine number to the agents present before the commencement of the mock poll. It is relevant to note that as per the existing instructions the Presiding Officer is supposed to mention the number of CU used; serial number of CU used; numbers of BU/BUs used and serial numbers of BU/BUs; number of VVPAT(s); serial number of VVPAT used at the polling station in the Presiding Officer’s Diary. This instruction shall be scrupulously followed. NOTE: The polling parties shall strictly be instructed not to test VVPAT at the time of dispersal and before mock poll at polling station under any circumstance, as VVPATs issued to them are already checked & tested. 58 CHAPTER – 10 INSTRUCTIONS TO ZONAL/SECTOR/AREA OFFICERS REGARDING EVMS The following instructions shall be complied with for ensuring safe movement of EVMs by Zonal/Sector/Area Magistrates. Following category of EVMs move on poll day with either poll party or Sector/Zonal/Area Magistrate:10.1 Category “A” olled EVMs: Those EVMs in which votes polled at polling stations are P recorded and which are closed at the end of poll after following due procedure. 10.2 Category “B” efective polled EVMs which become defective after some votes are D recorded in it. 10.3 Category – “C” efective unpolled EVMs which become defective before commencement D of poll and are replaced. 10.4 Category – “D” nused EVMs: Reserve EVMs which are with Sector/Zonal/Area Magistrate, U and are not used in actual poll. 10.5 Z onal Magistrates and Area Officers who are given EVMs from reserve stock will maintain a register where the particulars of Balloting Units (BU) and Control Units (CU) issued to them are mentioned and a receipt shall be obtained for the machines given to them. Such officers should also maintain the accounts of EVMs replaced, if any, in the register maintained by them for this purpose duly signed by the concerned Presiding Officers, indicating time of replacement. 10.6 Zonal/Sector/Area Officers should visit every polling station in their jurisdiction as many times as possible on the poll day and check working of EVMs and other things. 10.7 EVMs of category ‘A’ are stored in a Strong Room as per procedure laid down. 10.8 EVMs of category ‘B’ are also stored separately with the EVMs of category 59 ‘A’ in a Strong Room. In respect of this category of EVMs, the Sector/Zonal/ Area Magistrate shall keep a record of it and furnish a certificate to the effect while returning the EVMs of category ‘D’ on the next day of poll. The information furnished by them shall be tallied with Presiding Officer’s diary by the Returning Officer and the Observer before commencement of counting of votes. 10.9 E VMs of category ‘C’ are stored separately in a separate room other than the strong room. The sticker of defective un-polled EVMs should be pasted on the carrying cases of such category of Balloting Units and Control Units, for technical evaluation of the same by the manufacturer. 10.10 EVMs of category ‘D’ are also stored separately in a separate room, other than the strong room where polled EVMs are kept, by Sector/Zonal/Area Magistrate. The sticker of unused EVMs should be pasted on the carrying cases of such category of Balloting Units and Control Units. 10.11 T he store room where the EVMs of category ‘C’ and ‘D’ will be kept is to be decided in advance and intimated to the political parties/candidates. It should not be in the vicinity of the collection and the counting center so as to arouse any suspicion. This category of EVMs should also not be collected on the day of poll, rather it should be collected on the next day of poll from the concerned Zonal/Sector/Area Officers. On the day of poll, these categories of EVMs should be in the personal custody of Zonal/Sector/Area Officers, as these are unused EVMs. Also, proper documentation of such and other unused EVMs is to be made before they are transported to the store room by the Zonal/Sector/Area Magistrate themselves.However, for safe storage of EVMs of ‘C’ and ‘D’ categories byZonal/Sector/Area Officers after poll, a separate storage-room shall be earmarked so that these EVMs can be stored safely before depositing in store room on the very next day. NOTE: The above process/procedure shall be followed for VVPAT also. 60 CHAPTER – 11 VOTING COMPARTMENT TO BE USED IN POLLING STATIONS In order to maintain secrecy of vote at the time of poll and uniformity on use of voting compartments, the following instructions shall be strictly adhered on use of Voting Compartment at Polling Stations – The voting compartments shall be made only of corrugated plastic sheet (flex-board) of steel grey colour, which is opaque and reusable. T he Voting Compartment shall be in three folds, each fold having dimension of 24"X24”X30" (Length X Width X Height). Increased height of 30” is mandatory. All the three sides of the voting compartments shall be printed as mentioned at Annexure-20. The height of the table on which the voting compartment is placed should be 30” as shown at Annexure-20. If more than one BU is used for poll, the width of the voting compartment may be increased 12” for each additional BU. Where additional Balloting Units are being used, Presiding Officers shall arrange the Balloting Units in the manner as shown at Annexure-20. While placing the EVM in the voting compartment, it must be ensured without fail that secrecy of voting is not violated. For this purpose, it must be ensured that it is not near the window or the door of the polling station. The interconnecting cable of Balloting Unit/VVPAT should be so routed that it does not obstruct the movement of voters inside the polling station and they do not tread or trip over it, but the entire length of the cable should be visible and under no circumstances be concealed under the cloth or under the table. The Commission has further directed that 1. Proper electricity arrangements should be made at the polling stations. 2. igh voltage incandescent bulbs/tube-light should not be placed over or H front of the voting compartment. 61 3. Voting Compartment should be placed in such a way that (a) sufficient light is available inside the voting compartment. (b) no direct lighting is placed over or in front of the voting compartment. (c) secrecy of voting is not violated. (d) voting compartment is not placed near the window/door. NOTE: The size of the voting compartment as specified above includes the use of VVPAT. ******* 62 CHAPTER – 12 INSTRUCTIONS ON USE OF EVMS IN POLLING STATIONS In order to ensure that the conduct of the Presiding Officer and other polling staff, in no way gives scope for any complaint, the Commission has issued the following instructions for strict adherence: 12.1 T he D.E.O shall supply a printed sample of EVM Balloting unit pasted on a cardboard (real size) to all the presiding officers along with other polling materials at the time of dispatch. While printing such model ballot, care shall be taken to ensure that only dummy name and dummy symbols that are not in use, are used and not any real names or symbols. It shall be printed in color so that ‘blue button’ ‘green light’ and ‘red light’ etc. are clearly represented. 12.2 W henever any voter asks for help or expresses inability to vote using EVM, the presiding officer can explain to the voter the voting process using the cardboard model of the EVM ballot in such a manner that the voter is able to understand. This shall be done outside the voting compartment only in the presence of polling agents and never inside the voting compartment. 12.3 T he Presiding Officer or other polling staff shall not frequent the voting compartment as that may give scope for complaints. 12.4 In order to ensure that no voter has committed any mischief by pasting any paper, tapes etc., on the symbol/ names / ballot button, the presiding officer may from time to time make an inspection of Balloting unit (BU)- but he should make it a point to do so in the immediate presence of polling agents when there is no voter inside the voting compartment. 12.5 A ny complaint about the conduct of the polling staff at the polling station shall be taken seriously and properly enquired. The Observers are being instructed to take serious note of such complaints and conduct or cause enquiry into such allegations and submit reports to the Commission. 12.6 A ll the CUs/BUs/VVPATs allotted to Polling Stations as well as the reserve machines shall be kept in the strong room in the presence of candidates/ agents. They can also be allowed to affix their seal on the lock of the strong room. ******** 63 CHAPTER – 13 MOCK POLL ON THE DAY OF POLL 13.1 Mock poll before commencement of actual poll ock poll shall be conducted normally one hour before the scheduled hour M of commencement of poll. All contesting candidates should be informed in writing well in advance that mock poll would start one hour before the commencement of poll and they should be advised to instruct their polling agents to be present in time for the mock poll. Polling agents of at least two candidates should be present at the time of Mock Poll. However, if polling agents of at least two candidates are not present, the Presiding Officer may wait for 15 more minutes before conducting the mock poll and if the agents still do not come, then the Presiding Officer may go ahead and start the mock poll. It is further clarified that after waiting for 15 minutes, there is a possibility that only one Polling agent may be present, in that situation also, the Presiding Officer should go ahead and start mock poll. In such case, there should be specific mention in the mock poll certificate on this aspect. 13.2 D uring the mock poll, BU and VVPAT should be placed in the Voting Compartment, where a Polling Officer should be present along with polling agents to observe. The CU and VSDU should be placed on the table of the Presiding Officer/Polling Officer. This Polling Officer will keep a record of the votes cast. 13.3 T he mock poll should be conducted with the polling agents voting at random for each of the contesting candidates. A total of at least 50 votes should be polled in the mock poll. In the case of absence of polling agents of any of the candidates, one of the polling officers or other polling agents may record the votes for such candidates. The polling officers present in the Voting Compartment should ensure that votes are recorded for each of the contesting candidates. After the mock poll, Presiding Officer will ascertain the result in the CU, count the VVPAT paper slips in the presence of the polling agents and confirm that the results tally for each candidate. 13.4 A ll mock poll data in CU and VVPAT paper slips from VVPAT must be removed by the Presiding Officer and the empty drop box verified by the Polling Agents. 13.5 The mock poll VVPAT paper slips, should be stamped on their back side 64 with rubber stamp having inscription “MOCK POLL SLIP”, thereafter these mock poll VVPAT paper slips shall be kept in an envelope made of thick black paper and sealed with the seal of the Presiding Officer. The sample image of the said stamp is as under: ( The dimensions of the stamp to be used for the purpose should be 3cms X 1.5 cms) 13.6 The Presiding Officer and polling agents must put their signatures on the envelope. The number and name of the polling station, number and name of Assembly Constituency, date of poll and the words “VVPAT paper slips of Mock Poll” shall be written on the envelope. 13.7 T his envelope must be kept in the special plastic box for mock poll and sealed with a pink paper seal placed all around in such a manner that opening of the box will require breaking of the seal. 13.8 T he number and name of the polling station, number and name of Assembly Constituency and the date of poll shall be written on the plastic box. 13.9 T he Presiding Officer and Polling Agents must put their signatures on the pink paper seal and keep the box along with other documents relating to elections. Thereafter, Presiding Officer will sign the Mock Poll Certificate (Annexure-21) and seal the CU. 13.10 T he drop box of VVPAT should be sealed with an address tag before the actual poll starts. 13.11 T he Presiding Officers shall ensure that the data of the mock poll is deleted, without fail, before the official poll starts. This is very critical step and this should be emphasized during training. 13.12 T he Presiding Officers shall mention the names of the Polling agents and the candidates (and their party affiliations), whom they represent and also obtain their signatures on the completion of mock poll on the certificate. 13.13 W here a micro-observer has been appointed at any polling stations, he should also participate in all the proceeding of the mock poll and his signature should also be obtained on the mock poll certificate. Further, these proceedings should be videographed wherever videography arrangement has been made at a polling station. 65 13.14 The Returning Officer through the Sector Officers and using the communication link with the polling station/ mobile teams, shall track the conduct or otherwise of mock poll, and ascertain the mock poll status. Non-confirmation of mock poll could be indicative of noncommencement of poll and in that case the Returning Officer shall make immediate intervention to sort out the problem. 13.15 The polling stations not having the presence of agents of the candidates of recognized parties and where the mock poll had to be conducted in the absence of agents or with the polling agent of only one candidate shall merit focused attention of the election machinery. Interventions such as deployment of micro-observers, deployment of video cameras (if not already done), frequent visits by sector officers and other senior officers should be ensured in such cases. 13.16. Mock Poll in case of replacement of EVM 13.16.1. In case the CU or the BU does not work properly during actual poll, replacement of the whole EVM including CU, BU and VVPAT is required. However, in such case only one vote to each contesting candidate including NOTA should be polled in the mock poll. 13.16.2. After the mock poll, Presiding Officer will ascertain the result in the CU, count the VVPAT paper slips in the presence of the polling agents and confirm that the results tally for each candidate. 13.16.3. All mock poll data in CU and VVPAT paper slips from VVPAT must be removed by the Presiding Officer and the empty drop box verified by the Polling Agents. 13.16.4. The mock poll VVPAT paper slips, should be stamped on their back side with rubber stamp having inscription “MOCK POLL SLIP”, thereafter these mock poll VVPAT paper slips shall be kept in an envelope made of thick black paper and sealed with the seal of the Presiding Officer. The sample image of the said stamp is as under: 66 (The dimensions of the stamp to be used for the purpose should be 3cms X 1.5 cms) 13.16.5. The Presiding Officer and polling agents must put their signatures on the envelope. The number and name of the polling station, number and name of Assembly Constituency, date of poll and the words “VVPAT paper slips pertaining to Mock Poll conducted in case of replacement of whole set of EVM and VVPAT” shall be written on the envelope. 13.16.6. This envelope must be kept in the special plastic box for mock poll and sealed with a pink paper seal placed all around in such a manner that opening of the box will require breaking of the seal. 13.16.7. The number and name of the polling station, number and name of Assembly Constituency and the date of poll shall be written on the plastic box. 13.16.8. The Presiding Officer and Polling Agents must put their signatures on the pink paper seal and keep the box along with other documents relating to elections. Thereafter, Presiding Officer will sign the another Mock Poll Certificate and seal the CU and VVPAT. 13.16.9. The drop box of VVPAT should be sealed with an address tag before the actual poll starts. NOTE: In case of replacement of only VVPAT during actual poll. No mock poll will be conducted. 13.17. Recording of Poll Start and Poll End Date and Time It has been brought to the notice of the Commission that in the elections where post – 2006 make EVMs were used, in some cases, the date and time of start and end of poll displayed in the Control Unit of EVM during the process of counting of votes did not match with Indian Standard Time of start and end of poll leading to confusion in the minds of stakeholders. This can only happen if the date and time displayed in the Control Unit are not checked at the time of Candidate Set procedure and also at the time of poll. To remove such confusion in future, the Commission has decided to issue the following instruction in this regard: 13.17.1 The display of date and time in the Control Unit of the EVM shall be checked each time the power switch of Control Unit is switched 67 on during the process of First Level Checking of EVM and again at the time of Preparation of EVM by Returning Officer. In case any difference from Indian Standard Time is noticed the clock shall be recalibrated by the engineers of the BEL/ECIL. 13.17.2 T he Presiding Officer, at the end of Mock Poll at the polling station, shall invariably check and note the date and time shown in the display of the Control Unit and also the actual date and time at that point of time as well as any discrepancy between the two, if any, in the Mock Poll certificate (Annexure-21) and also in Presiding Officers' Diary. 13.17.3 A t the time of closure of poll, the presiding officer shall make a note of the Poll end date and time displayed on the CU in the presiding officer’s diary. 13.17.4 D uring the process of counting of votes, a copy of the Mock Poll certificate prepared by the Presiding Officer shall be brought to the counting table with the Control Unit pertaining to that polling station. NOTE: The polling parties shall strictly be instructed not to test VVPAT at the time of dispersal and before mock poll at polling station under any circumstance, as VVPATs issued to them are already checked & tested. 68 CHAPTER – 14 DURING ACTUAL POLL 14.1. ROLE OF POLLING PARTIES: One extra polling official must be provided to handle the VVPAT unit while constituting polling parties. This polling official should handle VVPAT unit and also watch VSDU continuously during poll process. T he official shall immediately inform the Presiding Officer of any error noticed in VSDU. At the time of dispersal of polling parties, two copies of the Trouble shooting instructions (Annexure-22) and List of additional items of polling materials (Annexure-23) shall be handed over to the Presiding Officers. A dequate numbers of black paper envelopes and plastic boxes may also be procured for storing the paper ballot slips from the VVPAT. NOTE: In case of M3 VVPAT, no extra polling official is required to handle the M3 VVPAT as there is no VSDU with M3 VVPAT and error related to VVPAT displays on CU itself. 14.2 COMPLAINT & CONTINGENCY ISSUES 14.2.1 WRONG PRINTING COMPLAINT If any voter alleges about the wrong printing of particulars of a candidate and/ or symbol of that candidate on VVPAT paper slip printed by the printer on pressing of concerned blue (candidate) button on the Balloting Unit to which the printer is connected, the Presiding Officer of the polling station should provide him a ‘Form of Declaration’ (Annexure-24) to lodge a complaint and follow the procedure prescribed under rule 49MA, which reads as under: “ 49MA. Procedure in case of complaint about particulars printed on paper slip W here printer for paper trail is used, if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer shall obtain a written declaration from the elector as to the allegation, after warning the elector about the consequence of making a false declaration. 69 If the elector gives the written declaration referred to in sub-rule (1), the presiding officer shall make a second entry related to that elector in Form 17A, and permit the elector to record a test vote in the voting machine in his presence and in the presence of the candidates or polling agents who may be present in the polling station, and observe the paper slip generated by the printer. If the allegation is found true, the presiding officer shall report the facts immediately to the returning officer, stop further recording of votes in that voting machine and act as per the direction that may be given by the Returning Officer. If, however, the allegation is found to be false and the paper slip so generated under sub-rule (1) matches with the test vote recorded by the elector under sub-rule (2), then, the presiding officer shall- m ake a remark to that effect against the second entry relating to that elector in Form 17A mentioning the serial number and name of the candidate for whom such test vote has been recorded; O btain the signature or thumb impression of that elector against such remarks; and make necessary entries regarding such test vote in item 5 in Part I of Form 17C.”. 14.2.2. HANDLING CONTINGENCIES DURING POLL: Certain contingencies may arise during the polling process, which may require certain actions. These are as follows: In case the CU or the BU does not work properly, replacement of the whole EVM including CU, BU and VVPAT is required.However, in such case only one vote to each contesting candidate including NOTA should be polled in the mock poll. In case the VSDU is showing “Low Battery”, the power pack battery of VVPAT should be replaced. It should be ensured that before taking out the power pack battery of VVPAT, control unit must be switched OFF and after installing new power pack battery in VVPAT, control unit should be switched ON. Control Unit should not be switched ON without installing power pack in VVPAT. In case there is any other error, like “Paper Low” error, the VVPAT will stop printing and the error shall be displayed on the VSDU. In 70 such case the VVPAT unit is to be replaced. No mock-poll is required to be taken. Therefore, if VVPAT has not printed the paper slip, or the printed paper slip has not been cut, the last voter whose paper slip has not been printed by VVPAT or has not been cut should be allowed to cast his vote after the VVPAT has been replaced. In case the printed paper slip has not been cut and is hanging from the paper roll, no effort should be made to make it fall into the drop box. It should be allowed to remain hanging as it means that the vote has not been recorded in Control Unit and as it is not to be counted at the time of counting of the printed-paper slips. The details of such an occurrence should be clearly recorded in the Presiding Officer’s dairy in the following format: The date and time of the occurrence. T he name of the voter and his serial number in the part in the electoral roll, who was allowed to cast his vote after replacement of VVPAT. W hether the voter cast his vote after replacement of VVPAT or went away without casting his vote. T he Total number of votes cast before the occurrence. In case of contingencies, the Presiding Officers may also refer to Annexure-22 for solutions. 71 CHAPTER – 15 INSTRUCTIONS ON EVM IN CASE OF RE-POLL 15.1 In case of re-poll, the EVM required for re-poll shall be drawn from the reserve list and the CU/BU number shall be informed to the candidates/ agents in writing. Care shall be taken to ensure that the address tag on the CU and BU clearly mentions it to be the EVM for use in the re-poll indicating the date and PS no. 15.2 In case of re-poll, a pre-printed self-adhesive sticker “Re-poll EVM” shall be pasted on the EVM (CU & BU) as well as carrying cases of the EVM to be used for re-poll. After re-poll the strong room shall be re-opened in the presence of the candidates/ their agents and observer for the storage of the re-polled EVM. This re-polled EVM should be placed together with the old EVM which was used earlier in the original poll. At the time of placing the ‘Re-poll EVM’ after re-poll in the strong room, another pre-printed sticker with bold print “TO BE COUNTED’ shall be pasted on the re-polled EVM. Another pre-printed sticker ‘NOT TO BE COUNTED’ shall be put prominently on the old EVM, to remove any confusion at the time of counting. 15.3 In case of re-poll, the unique ID number of the CU and BUs used in re-poll should be entered in the EVM tracking software. NOTE: The above process/procedure shall be followed for VVPAT also. 72 CHAPTER – 16 INSTRUCTIONS RELATING TO COUNTING 16.1 General Instructions 16.1.1 A t the time of counting, only the CUs are normally needed. BUs need not be taken to the Counting Hall. Before starting the counting in the CU, the unique ID number of the CU, the Unique ID number of the Pink Paper Seal and the unique ID number of Green paper seal should be verified from the record and shown to the polling agents. 16.1.2 In EVMs, the Poll start date and time and poll end date and time displayed on the CU should be verified from the record and shown to the polling agents. 16.2 rocedure in case of discrepancy in the date and time of start and end P of poll 16.2.1 In case of any discrepancy in the date and time of start and end of poll displayed in the Control Unit with Indian Standard Time of start and end of poll, the difference will be compared with the date and time noted by Presiding Officer in the mock poll certificate. 16.2.2 If the date and time difference at the time of mock poll does not match with the date and time difference of start and end of poll at the time of counting, the EVM will be kept aside and the matter will be referred to the Commission for its decision. If on other hand, the difference of date and time at the time of mock poll matches with the difference of date and time of start and end of poll noticed at the time of counting, the discrepancy will be explained to the candidates and their representatives and the votes polled in the EVM will be counted in the usual manner. 16.3 Procedure in case the close button not pressed at the end of the poll – T he following action be taken during counting of votes, in such circumstances, in the presence of candidates/their authorized agents, under videography: 16.3.1 In case any Control Unit does not display result due to not-pressing of “Close” button by the Presiding Officer in the polling station at the close of poll, it should be kept back inside its carrying case and then be kept in the Returning Officer’s custody in the counting hall. Counting of votes in other machines should continue as usual. 73 16.3.2 W hen counting of votes in other machines is completed, the Returning Officer and Observer should see whether the margin of votes between the first candidate and the runner up is more or less than the votes polled in such machine(s). 16.3.3 In both the cases where the margin of votes is more or less than the total votes polled in that machine(s), the Returning Officer/Counting Supervisor shall press the “Total” button of the Control Unit to see the total votes polled in that machine(s). In case, total votes polled in the machine(s) tallies with the total votes polled mentioned in the Form-17 C, the Returning Officer/Counting Supervisor shall press the “Close” button of the Control Unit(s) so that “Result” button can be pressed for getting result data explaining the entire issue to the candidates and/or their authorised agents and recording a proceeding in this behalf with the signatures of the candidates/their authorised agents. In such a case, the Returning Officer and Observer should send a detailed report to the Commission in the format mentioned at Annexure-25. 16.3.4 In case, total votes polled in the machine(s) does not tally with the total votes polled mentioned in the Form-17 C, the matter should be referred by the Returning Officer to the Commission for its decision and action may be taken as per the direction of the Commission. In such a case, the Returning Officer and Observer should also send a detailed report to the Commission in the format mentioned at Annexure-17, where the margin of votes between the candidates having highest vote and the runner up is more than the votes polled in the Control Unit in question, and in Annexure-26, where such margin is less. 16.4 Instructions in case of Control Unit does not display result at the time of Counting T he following action to be taken in case Control Unit does not display result during counting of votes: a) In case any Control Unit does not display result, it should be kept back inside its carrying case and then be kept in the Returning Officer’s custody in the counting hall. Counting of votes in other machines should continue as usual. 74 b) esult from such Control Unit(s) will not be retrieved using Auxiliary R Display Unit or Printer. c) After completion of counting of votes from all the Control Units, the VVPAT unit(s) of the respective polling station(s) should be brought to the Counting Table(s). The counting of VVPAT paper slips of the respective VVPAT shall be counted as the counting procedure prescribed by the Commission. d) T hereafter, counting of printed paper slips of VVPAT(s) under Rule 56D of the Conduct of Elections Rules 1961 should be taken up, if any. report regarding counting of printed ballot slips of VVPAT is to be sent A to the Commission in the following format through Chief Electoral Officer concerned for information. S. No. No. & Name Polling Unit Unit ID of Control Unit for which of Assembly Station ID of VVPAT paper slips counted Constituency No. VVPAT Non-retrieval of Under Rule 56D result from CU of the Conduct of Elections Rules, 1961 16.5. APPLICATION FOR VVPAT PAPER SLIPS COUNTING fter announcement of result sheet entries, any candidate, their election A agent or their counting agents may apply in writing to the RO to count the printed VVPAT paper slips in any or all polling stations. If such application is made, the RO shall pass a speaking order on whether the VVPAT paper slips should be counted. If the RO decides to allow the counting of the VVPAT paper slips of any or all polling stations, such decision of the RO must be recorded in writing along with the reasons thereof. The RO shall give due consideration to the following: W hether the total number of votes polled in that polling station is greater or lesser than the margin of votes between winning candidate and candidate making the application W hether EVM had a problem and was replaced at that polling station during poll W hether there was any complaint about VVPAT not printing or 75 complaints by any voter under Rule 49MA in that polling station during the poll. 16.6. MANDATORY VERIFICATION OF VVPAT PAPER SLIPS: Mandatory verification of VVPAT paper slips of randomly selected 01 (one) polling station shall be conducted in all future General and Bye Elections to the House of the People and State Legislative Assemblies, in addition to the provisions of Rule 56D of the Conduct of Elections Rules, 1961, after the completion of the last round of counting of votes recorded in the EVMs, as under: a) In case of General and Bye elections to State Legislative Assemblies, verification of VVPAT paper slips of randomly selected 01 (one) polling station per Assembly Constituency. b) In case of General and Bye elections to the House of the People, verification of VVPAT paper slips of randomly selected 01 (one) polling station of each Assembly Segment of the Parliamentary Constituency concerned. For this mandatory verification of VVPAT paper slips, the following procedure shall be followed: 16.6.1. The verification of VVPAT paper slips of randomly selected 01 (one) polling station for each Assembly Constituency/Segment shall be taken up after the completion of the last round of counting of votes recorded in the EVMs. 16.6.2. The random selection of 01 (one) polling station per Assembly Constituency/Segment shall be done by Draw of lots, by the Returning Officer concerned, in the presence of candidates/their agents and the General Observer appointed by the Commission for that Constituency. 16.6.3. The draw of lots must be conducted immediately after the completion of the last round of counting of votes recorded in the EVMs (Control Units) in the designated Counting Hall for the particular Assembly Constituency/Assembly Segment. 16.6.4. A written intimation regarding the conduct of draw of lots for the random selection of 01 (one) polling station for verification of VVPAT Slips shall be given by the Returning Officer to the Candidates/their election agents well in advance. 76 16.6.5. The following procedure shall be followed for the conduct of draw of lots: a) White colour paper cards of postcard size shall be used for conducting the draw of lots. b) T otal number of such paper cards should be equal to total number of polling stations in the Assembly Constituency. c) The paper cards shall have pre-printed Assembly Constituency/ Assembly Segment number, AC/AS name and date of polling on the top, and the polling station number in the centre. Each digit of the polling station number shall be atleast 1" x 1"(1 inch by 1 inch) size and printed in black ink. d) T he paper cards to be used for draw of lots should be four-folded in such a way that polling station number is not visible. e) E ach paper card shall be shown to the candidates/their agents before folding and dropping in the container. f) The paper cards shall be kept in the big container and must be shaken before picking up 01 (one) slip by the Returning Officer. 16.6.6. The verification of VVPAT paper slips shall be done in a 'VVPAT Counting Booth' (VCB), specially prepared for this purpose inside the Counting Hall. The booth shall be enclosed in a wire mesh just like a bank cashier’s cabin so that no VVPAT paper slip can be accessed by any unauthorized person. One of the Counting tables in the Counting Hall can be converted into the VCB and can be used for normal counting of round-wise EVM votes before the count of VVPAT slips as per random selection after the completion of round-wise EVM counting. 16.6.7. The Verification count of the VVPAT paper slips of the randomly selected 01 (one) polling station shall be conducted strictly in accordance with the instructions of the Commission on counting of printed paper slips. 16.6.8. The Returning Officer and Assistant Returning Officer, as the case may be, shall personally supervise the counting of VVPAT paper slips at this booth. The General Observer concerned shall ensure close and careful observation of the entire exercise and ensure strict compliance of the Commission's instructions. 77 16.6.9. The above process shall be fully videographed. 16.6.10. After completion of the above process, the Returning Officer shall give a certificate in the annexed format(Annexure-30). 16.7. ARRANGEMENTS FOR COUNTING OF VVPAT PAPER SLIPS: O ne of the Counting Tables inside the Counting Hall shall be earmarked by the Returning Officer as VVPAT Counting Booth (VCB) for Counting of VVPAT Paper Slips. V CB shall be enclosed in a wire-mesh just like a Bank Cashier Cabin, so that no VVPAT paper slip can be accessed by any unauthorised person. 16.8. PROCEDURE TO COUNT VVPAT PAPER SLIPS: If the RO decides to count the printed paper slips of any polling station(s) on an appeal for recounting of any polling station(s), the following procedures shall be strictly followed: Step-1: a) F or keeping VVPAT Paper Slips taken out from the Drop Box of the VVPAT, a sufficiently sized container with lid, of dimensions 14 inch X 10 inch X 5 inch (length x breadth x height), to easily accommodate around 1400 Printed Paper Slips, shall be kept on the table of VCB. This Container should be made of sturdy transparent material like plastic etc. Sample images of the Container are available in Annexure-27. b) F or keeping VVPAT paper slips of the respective candidates, a Pigeonhole Framework shall be prepared in advance according to the number of candidates including NOTA, with one additional pigeonhole for keeping self-test slips of the VVPAT, and shall be kept on the table of VCB. i) The minimum number of Pigeonholes in the Framework must be equal to the number of candidates plus 2 (two). ii) T he size of each compartment (Pigeonhole) must be atleast 6 inch X 4 inch X 4 inch (length x breadth x height). iii) T he pigeonhole structure should be made of sturdy transparent material like plastic etc, having a fixed base, to prevent any VVPAT paper slip from slipping underneath. 78 iv) T he symbol of each contesting candidate as per the Ballot Paper should be affixed on the wall of the pigeonhole allotted to the particular candidates. The symbol should be printed in black and white on a plain paper of minimum size 4inch X 3 inch. Sample images of the Pigeonhole Framework are placed in Annexure-27. c) t least 100 Rubber bands for making bundles of 25 VVPAT paper A slips. Step-2: T he VVPAT unit(s) of the respective polling station(s) should be brought to the VCB one by one, as the case may be. In case a VVPAT unit was replaced during poll at that polling station, all the VVPAT units used at that polling station should be brought to the VCB. Step-3: T he printed paper slips shall be taken out from all the VVPATs used at the polling station, before beginning the counting of VVPAT paper slips for that polling station. B efore taking out the VVPAT Paper Slips from the drop box, the address tag(s) of the drop box shall be crosschecked to ascertain that the VVPAT pertains to the respective polling station. a) T he VVPAT Paper Slips taken out from the Drop Box of the VVPAT shall be first kept in the container as per specification at step-1 (i). b) fter taking out the VVPAT paper slips from Drop Box, the Counting A Supervisor shall ensure that no VVPAT paper slip is left inside the VVPAT drop box and show the empty drop box to the counting agents. c) In case a VVPAT unit was replaced, it may so happen that an uncut fully or partially VVPAT paper slip is hanging and has not got cut and dropped in the drop box and still connected to the paper roll. This uncut VVPAT paper slip should not be torn and should not be counted because the vote is not recorded electronically in the CU unless the VVPAT paper slip is cut. In such an event, the last voter whose VVPAT paper slip was not cut would have been given an opportunity to cast his vote after replacement of VVPAT and the VVPAT paper slip of the vote cast by him shall be in the next VVPAT used in that polling station. 79 d) T he drop box of the VVPAT will also have VVPAT slips of self-test report. These are easily identified, as they do not have either the name or the symbol of any candidate. These self-test report slips are to be preserved along with the VVPAT paper slips as part of the record but they are not to be counted. Step-4: i) T he VVPAT paper slips should be segregated one-by-one and put in respective pigeon holes after showing each slip to the Counting Agents. The paper slips bearing self-tests report shall also be segregated and put in a separate pigeonhole provided for the purpose. ii) undles of 25VVPAT paper slips of respective candidates shall be B prepared for counting purpose. iii) VVPAT Paper Slips shall then be counted by the counting staff. iv) esult of the VVPAT paper slips count shall be prepared in the format as R per Annexure-28and attached to Part-II of Form 17-C(Annexure-29). v) The result of the count of VVPAT paper slips shall be announced loudly in the counting hall and shown to the counting agents. vi) s per Rule 56D (4) (b) of the Conduct of Elections Rules 1961, if there A is any discrepancy between EVM count and paper slip count, the paper slip count shall prevail. Hence, if there is discrepancy between the count of votes displayed on the Control Unit and the count of printed-paper slips in respect of that Polling Station, the result sheet will be amended as per the printed-paper slips count. Step-5: A fter completion of counting of VVPAT paper slips, the bundles of all the VVPAT Paper Slips shall be kept back in the Drop Box of the respective VVPAT and door of the Drop Box shall be sealed using address tags. T he candidate(s)/their agents may also be allowed to affix their signature with party abbreviation on the Address Tags. 16.9. Sealing of EVMs after counting of votes fter completion of counting, all such Control Units whether result has A been retrieved from it or not, the Control Unit should be kept back inside 80 its carrying case. The carrying cases should then be sealed once again. The Returning Officer and Observer should put their signatures on the seal. All candidates and their election agents should also be allowed to put their signature on the seal. The Control Unit should be then kept in the strong room(s). 16.10. STORAGE of EVMs & VVPATs after counting of votes: fter completion of counting of votes, EVMs and VVPATs containing printed A paper slips in its Drop box, shall be kept in the same strong room without removing Power Packs of Control Units and Power Packs and Paper Rolls of VVPATs. T he Strong room shall not be opened till completion of Election Petition (EP) period i.e. till EP list is received from respective High Court. A fter completion of Election Petition Period, the exact EP position should be ascertained from High Court concerned before opening the strong room. 16.11. STORAGE OF VVPAT PAPER SLIPS AFTER EXPIRY OF PERIOD OF FILING OF ELECTION PETITIONS: fter expiry of the period of filing of Election Petitions (EPs) i.e. 45-days from A the date of declaration of result, District Election Officers shall ascertain the position of EP from the concerned High Court. After obtaining the status of EP from the High Court concerned, the following action shall be taken: E very VVPAT used in an election and kept in the custody of the District Election Officer shall be kept untouched, under the standard protocol of security, till confirmation of Election petition position from the High Court concerned after the completion of the period for filing Election Petition i.e. 45 days from the date of declaration of the result. In the case of elections, where no election petition has been filed or no other court cases are pending, after the aforesaid period, the VVPATs shall be available for use in any future election or any other purpose like training, awareness, movement, physical verification etc. B efore moving any VVPAT, printed paper slips shall be taken out from Drop-box of the VVPATs as per procedure mentioned below: 81 A Notice informing the opening of Strong Room having VVPATs shall be given to the representatives of all political parties in writing at least 48 hours in advance, requesting them to remain present at the time of opening of strong room. T he strong room shall be opened in the presence of the District Election Officer and representatives of Political Parties. R emove the Power Packs of Control Units and Power Packs and Paper Rolls of VVPATs. T he VVPAT paper slips shall be taken out from the Drop Box of VVPAT and kept in a paper envelope made of thick black paper, sealed using red wax under the seal of DEO. Name of election, number and name of assembly constituency, particulars of polling station, unique serial number of the VVPAT unit, date of poll and date of counting shall be mentioned on the envelope containing printed paper slips. T he envelopes containing VVPAT paper slips shall be kept with all other statutory documents relating to that election till the statutory time limit. T horough checking of officials deputed for the removal of VVPAT paper slips and their sealing must be ensured. All pockets need to be emptied before entering the Sealing Room/Strong Room and thorough checking of officials leaving the sealing room should be done in addition to DFMD/Metal Detector Checking. O nce the VVPAT paper slips have been taken out, the VVPATs must be kept in their separate designated warehouse. VVPAT should not be kept in the same warehouse where EVMs are stored. T o ensure there is no deliberate attempt to remove any paperslips from sealing room/strong room, the entire process should be conducted under high quality CCTV recording/videography. In case of any election where election petition has been filed, the following action shall be taken:- If the EVMs or Counting of Votes are the subject of the election petition, the EVMs and VVPATs used at all Polling Stations in the constituency concerned shall continue to be kept in the safe custody of the District Election Officer, till such time the Election Petition is finally disposed of by the Courts. 82 If the EVMs or counting of votes are not the subject of the election petition, an application may be moved to the concerned Court for allowing the EVMs& VVPATs concerned to be taken out of the strong room for any future election or any other purpose like movement, physical verification etc. In case VVPATs not involved in any Election Petition/Court Case are stored with the VVPATs involved in Election Petition/Court Case, the following procedure shall be followed for segregating the VVPATs not involved in any election petition/court case from the VVPATs involved in EP/Court case:- A Notice informing the opening of Strong Room having VVPATs involved in EP/Court Case as well as non-EP VVPATs, shall be given to the petitioners/respondents of the EP/Court Case and the representatives of all political parties in writing at least 72 hours in advance, requesting them to remain present at the time of opening of strong room. T he strong room shall be opened in the presence of the District Election Officer, Petitioners/respondents of the EP/Court case and representatives of Political Parties. T he VVPATs not involved in any EP/Court Case shall be segregated from the VVPATs involved in EP/Court Case for taking out of the strong room. A list of VVPATs being so taken out from the strong room shall be prepared. T he VVPATs, which are not involved in any EP/Court Case, should only be taken out of the Strong room. T he procedure mentioned above shall be followed for taking-out power packs, paper rolls and the printed paper slips from all such VVPATs, following which the VVPATs are available for any subsequent deployment/use. T he entire process shall be videographed and videography must be preserved for record. ******* 83 CHAPTER – 17 DISPOSAL OF EVMS 1. In 2007, the manufacturers of EVMs opined that the life of EVMs is about 15 years and that it is risky to use machines older than 15 years in future elections. Thus the manufacturers have recommended disposal of the entire 1989-90 batch of EVMs. 2. T he Commission constituted a Technical Expert Committee comprising Prof. P.V. Indiresan, Prof. D.T. Shahani&Prof. A K Agarwala to give its opinion on whether EVMs of 1989-90 batch have become unusable. 3. T echnical Expert Committee recommended the methodology for weeding out 1989-90 EVMs for disposal. 4. Approval of Government of India is required for destruction of EVMs. 5. Following guidelines for destruction of EVMs shall be followed: a) PCBs shall be separated from Plastic Housings; b) ll components mounted on PCBs of CU, BU & Display shall be removed/ A chopped off and crushed; c) The bare PCBs shall be cut into minimum 4 pieces and crushed; d) T he remaining plastic assemblies/housing shall also be cut into 4 to 6 pieces and crushed; e) Plastic waste shall be recycled to ensure that environment is protected; f) Entire process of the disposal/destruction of EVMs should be videographed; g) copy of the video of disposal/destruction of EVMs should be sent to the A CEO concerned and ECI; h) T he video of disposal/destruction process shall be viewed at CEO concerned/ ECI to certify that nothing adverse was noticed; i) T he guidelines/safeguards for destruction of electronic items, issued by the Pollution Control Board/Ministry of Environment and Forests etc. or any other law for the time being in force, shall be followed; j) It shall be ensured that e-wastes are channelized to registered dismantler or recycler; 84 k) proper record of each BU and CU destroyed/destructed should be A maintained in a register – i) Serial number/ID of each BU and CU destroyed, date-wise, shall be entered in a register (separate registers for BU & CU should be maintained); ii) On the close of the day a certificate should be recorded after the last entry to the effect that “today on…………(date) … number of BU/ CU (as the case may be) has been destructed in my presence” and shall be signed by the officer of the manufacturer nominated for the purpose and signatures of the representative of the CEO concerned and e-waste agency shall also be obtained. ******** 85 CHAPTER – 18 TECHNICAL EXPERT COMMITTEE ON EVMS& VVPATS 1. Composition of First Technical Expert Committee on EVMs C entral Government appointed the Electoral Reforms Committee in January, 1990 (Goswami Committee) consisting of representative of several recognized National and State Parties. T he Electoral Reforms Committee felt that the machines should be tested by technical experts with a view to removing any doubts or misapprehensions in the minds of the public with regard to credibility of the working of the machines and desired that a clearance from the technical experts to the effect that doubts and misapprehension entertained about the credibility of the machines were not well founded should be obtained. A n Expert Committee for the evaluation of the electronic voting machines was constituted under the chairmanship of Professor S. Sampath, Chairman Technical Advisory Committee, Defence Research & Development Organization, Ministry of Defence, Professor PV Indiresan of the IIT Delhi and Dr. Rao C. Kasarabada, Director, Electronic Research & Development Centre, Trivandrum. T he Committee, after a review of the material presented to it, technical presentation by the manufacturers, meeting election administrators and technical experts and also detailed laboratory tests, came to the conclusion that the electronic voting machine is a secure system. The expert committee, therefore, unanimously recommended, in April, 1990, the use of the electronic voting machines without further loss of time. 2. Composition of Second Technical Expert Committee T he Commission constituted the Second Technical Expert Committee in December, 2005 comprising Prof. P.V. Indiresan, Prof. D.T. Shahani of IIT Delhi and Prof. A.K. Agarwala of IIT Delhi to get the upgraded EVMs (Post 2006 EVMs) evaluated before finally accepting these machines for actual use in elections. S ubsequently, the Commission has been consulting the group of 86 technical experts comprising Prof. (Late) P.V. Indiresan (member of the earlier committee), Prof. D.T. Shahani and Prof. A.K. Agarwala of IIT Delhi, on all EVM related technical issues. 3. Expansion of Technical Expert Committee In November, 2010, the Commission expanded its Technical Expert Committee by including two more experts, namely, Prof D.K. Sharma from Department of Electrical Engineering, IIT of Mumbai and Prof. Rajat Moona from Department of Computer Science and Engineering, IIT of Kanpur (now Director IIT, Bhilai). 4. Functions of Technical Expert Committee on EVMs/VVPATs i) The Technical Expert Committee on EVMs/VVPATs provides the following assistance to the Commission:- ii) Opinion on technical issues of EVMs & VVPATs; iii) Development and designing of EVMs & VVPATs; iv) Evaluation of EVMs & VVPATs. ******** 87 CHAPTER – 19 EVM TRACKING SOFTWARE (ETS) EVM Tracking entry application is developed for creating a centralized database of all 36 States and UTs of India. It allows Tracking of Control Units, Balloting Units and VVPATs with their locations. This application has the facility to create and enter the warehouse details in which the stock entry of CUs, BUs and VVPATs could be done by Warehouse In-charge. Transfer of CUs, BUs and VVPATs once entered will not require re-entry of data. It also keeps the check of duplicate entry of CUs, BUs and VVPATs in all the warehouses across the country. This Application has to be used at CEO/DEO/Warehouse In-charge / ECI Admin levels. Data Entry of CU/BU/VVPAT is to be made in specific warehouses. The Warehouse is created by the DEO providing all the relevant details. Once the Warehouse is created, the DEO creates the login id of the warehouse in-charge. Data Entry of CU/BU/VVPAT is done in the Master Stock Register which is accessible to both the DEO and the warehouse in-charge. The data entry of CU/BU/VVPAT can be done only at the Warehouse In-charge level. Details of all EVMs in the district must be entered in Master Stock Register (MSR). MSR must be maintained warehouse-wise for every district in the format provided in the MSR Screen. Every CU, BU and VVPAT in the district whether in working condition or not must be entered in the MSR. Transfer of CU, BU and VVPAT at the State level, District level and the warehouse level can be initiated by the authorized personnel. Supply orders are generated for each transfer; the source and destination entities can access the order and proceed with the operation. All the officials assisting in this purpose must adhere to the process to accomplish successful transfer of both CU, BU and VVPAT. For the purpose of elections, the CU, BU and VVPAT sent to the polling stations are randomized at two different levels – DEO level STRONG ROOM and Warehouse In-charge (STRONG ROOM AC) level. The CUs/Bus/VVPATs which are working and successfully pass both the first level and second level randomization will be sent to the polling stations. For physical verification of CU/BU/VVPAT unit in warehouse with the digital data entry in stock of warehouse in ETS, the Commission generates physical verification 88 cycle in ETS from time to time. Warehouse stocks are updated accordingly by warehouse in-charge. Various MIS (Management Information Service) reports are made available in the ETS for its users at the level of ECI Admin/CEO/DEO/WI/Manufacturer to check the status of work allocated and to identify pending issues. For detailed application kindly see User Manual for ETS available at ETS login page Mobile Applications Android based Mobile Applications interfaced with the ETS, developed for StockTaking, FLC-Shifting-Randomization and Physical Verification. These Mobile Applications can work in offline mode also for capturing the data of EVMs & VVPAT for uploading the same into the EVM Tracking Software. However, they need netconnectivity (Wi-Fi or data connection) to login and to upload the captured data. Users can download and install the mobile app available on Download Manager page of the Election Commission of India’s web-site (URL :http://eciofficers.nic.in/ Login/Default.aspx). These apps use Google services, therefore, users are required to update google services, if not already updated, in the mobile phone to be used. 89 CHAPTER - 20 VARIOUS TYPES OF SEALS USED FOR SEALING EVMS & VVPATS Common Address Tag for BU/CU/VVPAT 90 20.1 SEALING OF EVMs AT THE TIME OF FIRST LEVEL CHECKING OF EVMs (FLC) Sealing of plastic cabinet of Control Unit of EVMs with pink paper seal: After First Level Checking of the EVMs, the Control Unit is sealed with the ‘Pink Paper Seal’ supplied by the Nasik Security Press in the presence of the representatives of the Political Parties present at the time of FLC. The Pink Paper Seal is affixed on the portion between the Candidate Set Section and the Result Section of the Control Unit. AT THE TIME OF PREPARATION OF EVMS (CANDIDATE SET) a) Sealing of ballot paper screen of BU with thread and address tag After the ballot paper is firmly fixed and the ballot paper screen is pressed fit on the upper side of the top cover. The screen is to be sealed on the inner side of the top cover. This is done by passing the thread through the two holes on the screen specially provided for the purpose using address tag showing the particulars of the election with the seal of the Returning Officer. 91 b) Sealing of plastic cabinet of BU with thread and address tag After unmasking required number of candidate buttons, the upper cover of the BU is sealed by passing a thread through the holes provided on the top and bottom end at right side using address tags showing the particulars of the election with the seal of the Returning Officer. c) Sealing of plastic cabinet of BU with pink paper seal: In addition, the BU is sealed with a special “pink paper seal” supplied by India Security Press, Nasik, in the presence of candidates or their representatives at the time of preparation of EVMs. Pink paper seal is fixed at the lower most portion of the BU in such a manner that no candidate’s button or candidate’s name or symbol is hidden by the seal. d) Sealing of Candidate Set Section of CU with thread & address tag Sealing of inner cover of Candidate Set Section 92 Sealing of outer cover of Candidate Set Section After Candidate set, inner and outer covers of the Candidate Set Section of CU are sealed by passing a thread through hole provided on the left side using address tags showing the particulars of the election with the seal of the Returning Officer. AT THE POLLING STATIONS ON POLL DAY Sealing of EVMs after Mock poll and before starting actual poll on poll day After mock poll and clearing mock poll data, switch off the power switch of Control Unit for sealing Result Section of the CU. (a) Fixing of Green Paper Seal and closing of inner compartment Green paper seal has to be passed through the frame provided for the purpose on the inner side of the door of the inner compartment of the Result Section. After fixing the seal, the door of the inner compartment is to be closed in such a manner that the two ends of the paper seal project outwards from the sides of the inner compartment. 93 (b) Sealing of inner door compartment (inner Result Section) with Special Tag Inner door of the Result Section is sealed by passing a thread through hole provided on the left side using Special Tag showing the particulars of the election with the seal of the Presiding Officer. (c) S ealing of outer door Result Section of CU with thread seal using Address Tag and Outer Paper Strip Seal The outer cover of the Result Section of the CU has to be pressed for closing this section. The outer cover of the Result section is sealed by passing a thread through hole provided on the left side using Address Tag showing the particulars of the election with the seal of the Presiding Officer. Thereafter, Outer Paper Strip Seal (ABCD seal) is used to get glued to the Green paper seal. 94 (d) Sealing of carrying case of EVM After completion of poll, BU and CU are kept in the respective carrying case. The carrying cases are sealed by passing a thread through holes provided using Address Tags showing the particulars of the election with the seal of the Presiding Officer. SEALING OF EVMs AFTER COUNTING OF VOTES After completion of counting, all Control Units, whether result was retrieved from it or not, is kept back inside its carrying case. The carrying cases are then sealed once again by passing a thread through hole provided on the carrying cases using Address Tag showing the particulars of the election with the seal of the Returning Officer. 20.2. SEALING OF VVPAT: SEALING OF PAPER ROLL COMPARTMENT AT THE TIME OF PREPARATION OF VVPAT 95 After installation of paper roll in the paper roll compartment of VVPAT, the latches of Paper Roll Compartment isby passing a thread through holes provided on the latches using Address Tag showing the particulars of the election with the seal of the Returning Officer. (Switching OFF of Control Unit before sealing of paper roll compartment should be ensured) AT THE POLLING STATIONS ON POLL DAY (a) Sealing of plastic box having mock poll printed ballot slips with Pink Paper Seal After the mock poll, Presiding Officer removes all the printed paper (ballot) slips from the drop box in the VVPAT unit. The printed paper slips of the mock poll, should be stamped on their back side with rubber stamp having inscription “MOCK POLL SLIP’ before keeping and sealing these printed paper slips in the thick black envelope supplied for the purpose. The envelope is sealed with the seal of the presiding officer. The envelope shall then be kept in the special plastic box provided for the purpose. The plastic box is sealed with a Pink Paper Seal placed all around in such a manner that opening of the box shall not be possible without breaking the seal. 96 (b) Sealing of drop box of VVPAT with thread using Address Tag Thereafter, the lower part of the VVPAT unit, i.e. drop box, is sealed with the thread and Address Tag before actual poll starts. (c) Sealing of carrying case of VVPAT After completion of poll, VVPAT & VSDU are kept in the carrying case. The carrying case is sealed by using thread and Address Tag showing the particulars of the election with the seal of the Presiding Officer. 97 CHAPTER - 21 REPAIRING OF DEFECTIVE EVMS & VVPATS 21.1 T he defective EVMs are sent to the factory of the concerned manufacturers of the EVMs, namely, BEL & ECIL or collected at a centralized location in the State HQs concerned for necessary repairs. Following protocol is to be strictly followed for defective EVMs: 21.1.1. D uring First Level Checking of EVMs/VVPATs, no electronic repair is to be carried out. However, mechanical repairs i.e. replacement of broken/damaged switches, buttons, latches, hood, cable, RTC cell, spindle etc. for which no soldering is required shall be done during FLC. For this purpose, engineers deputed for FLC shall have adequate number of spares with them for mechanical repairs of EVMs/VVPATs. Further the engineers deputed for FLC of EVMs/ VVPATs shall also maintain list of the defective units (containing Unit ID of BU/CU/VVPAT with defect observed). Repairing of defective EVMs shall only be done after counting is over, at a centralized location in the State. 21.1.2. E VMs/VVPATs found defective during FLC shall be sent to the manufacturers for repair within 7 days of completion of FLC in that district. The CEO shall coordinate and club defective EVMs/VVPATs of multiple districts for despatching to the factory. 21.1.3. N o EVMs/VVPATs, whether defective or defect-free, shall be transported during the period from commencement of Candidate Setting to the Counting day except the EVMs/VVPATs required to be transported for use in polls in subsequent phases. In such case, the political parties/candidates shall be informed in writing conveying the purpose of shifting of such EVMs/VVPATs. 21.1.4. A ll Defective EVMs/VVPATs not used in the poll shall be stored in a separate room/warehouses, preferably in a separate campus, if possible, and shall never be stored along with working EVMs/ VVPATs. 21.1.5. F or EVMs found defective during Preparation, mock poll, poll, counting of votes, the following procedure shall be followed: 98 a) E VMs/VVPATs found defective during candidate setting or mockpoll on poll day shall be stored in a separate warehouse, however, EVMs/VVPATs found defective after mock-poll (i.e. during actual poll) on poll-day shall be stored alongwith polled EVMs/VVPATs. b) Immediately after completion of mandatory period of 45 days from the date of declaration of the result for filing Election Petitions, the details of the Election Petition/Court Cases pertaining to the election shall be obtained from the concerned High Court/Court. c) After ascertaining the position of EP/court cases from the concerned court, within 10 days all the defective EVMs/VVPAT (along with list containing unique ID of BU/CU/VVPAT), which are not involved in any EP/court cases, shall immediately be got repaired. d) S trong Room shall not be opened in which the defective EVMs/ VVPAT pertaining to any EP/court case are kept. After final disposal of the EP/Court case. The defective EVMs shall be sent for repairs to the respective factories within one month. 21.1.6. A fter repairs are carried out, the testing protocol for all repaired machines shall be exactly the same as for new EVMs/VVPATs. 21.1.7. T he manufacturers shall not return the repaired EVMs/VVPATs to the respective State/UT. These repaired EVMs/VVPATs shall be kept in the factory. CEOs/DEOs are not required to take back the EVMs/ VVPATs sent to the factory for repairs.Further allocation of these repaired EVMs/VVPATs will be done by the Commission only. 21.1.8. T he manufacturers will furnish a report of the repaired EVM/VVPAT to the Commission. 21.1.9. A s the EVMs/VVPATs, repaired at factory, will not be returned to the sender State/UT, therefore, shifting of these defective EVMs/VVPATs to the manufacturers is explicitly required to be done through ETS by the concerned Chief Electoral Officer of the concerned State/UT, to ensure that EVM/VVPATs, that are not available in the Warehouse of the State/UT, do not reflect in their Warehouse and also to avoid formation of conflict in the ETS. 99 21.2 P OST ELECTION REPAIRS: After election all the defective EVMs & VVPATs shall be sent to the respective factory for repairs. No electronic repair to be done during FLC. Only mechanical repairs can be done during FLC. Shifting of defective EVMs/VVPATs to the manufacturers is explicitly to be done through ETS by the State/UT, to ensure that EVM/VVPATs, that are not available in the Warehouse of the State/UT, do not reflect in their Warehouse and also to avoid formation of conflict in the ETS. 100 CHAPTER - 22 IMPORTANT JUDGEMENTS 1. Kerala High Court (A C Jose Vs Sivan Pillai and Ors ELR 23) S hri A C Jose filed an election petition before the Kerala High Court. The main plea of the petitioner was that the Electronic Voting Machines had been used in Parur Assembly Constituency in Kerala in May 1982 without the authority of law in the 1951 Act and the rules made thereunder. T he Kerala High Court dismissed the election petition on 12.10.1982, upholding the use of the machines by the Election Commission in exercise of its inherent powers under Article 324. S hri A C Jose filed an appeal before the Hon’ble Supreme Court (A C Jose Vs Sivan Pillai and Ors AIR 1984 SC 921). The Supreme Court struck down the use of these machines in Parur Assembly Constituency in Kerala on 5th March, 1984. The Supreme Court held that the law provided for the conduct of election by using Ballot papers and Ballot boxes and the Election Commission could not use voting machines in the absence of statutory provisions providing for their use. 2. Madras High Court (All India Anna Dravida Munnetra Kazhagam, etc. Vs Chief Election Commissioner of India and Ors Writ Petition Nos. 3346, 3633, 4417, 4945, etc of 2001) T he issues of unconstitutional use of EVMs and possible tampering of EVM have been raised before the Madras High Court. The Madras High Court did not accept those allegations and contentions and dismissed all the writ petitions on 10.04.2001. T he Hon’ble Madras High Court also categorically ruled out any question of tampering of the EVMs and also made the following observations: “ There is also no question of introducing any virus or bugs for the reason that the EVMs cannot be compared to personal computers. The programming in computers, as suggested, has no bearing with the EVMs. The computer would have inherent limitations having connections through Internet and by their very design, they may allow the alteration of the programme but the EVMs are independent units and the programme in EVM is entirely a different system.” 101 T he petitioners took the matter to the Hon’ble Supreme Court (All India Anna Dravida Munnetra Kazhagam, etc. Vs Chief Election Commissioner of India and Ors 2002 UJ (1) 387, 202 (TL/S) 36062). The Supreme Court dismissed the special leave petition on 23.04.2001, agreeing with the decision of the high court that the impugned Section 61A was valid. 3. Delhi High Court (Viplav Sharma Vs Union of India and Ors CWP No. 5521 of 2004; Kunwar GS Chahan Vs Union of India CPW No. 5906 of 2004) In these cases, it was contended that the Election Commission could use electronic voting machines under Section 61A only in selected constituencies having regard to the circumstances of each case, and not routinely in all the assembly constituencies in a state. The above petitions were dismissed by the Delhi High Court on 23.5.2005. 4. Karnataka High Court (Michael Fernandes Vs C K Jafer Sharif and Ors Election Petition No. 29 of 1999) T he issue of possible tampering of EVM has been raised before the Karnataka High Court. After going into all aspects of the technological soundness and the administrative measures involved in the use of EVMs at elections in India, have held that the EVMs in India are credible, reliable and totally tamperproof. The Hon’ble Karnataka High Court held that ‘This invention is undoubtedly a great achievement in the electronic and computer technology and a national pride’. ombay High Court (Nagpur Bench) (BanwarilalPurohit Vs Vilas Muttemwar B and Ors Election Petition No. 1 of 2004) T he issue of possible tampering of EVM has also been raised before the Bombay High Court (Nagpur Bench). The Hon’ble Bombay High Court (Nagpur Bench), examined the experts produced by the petitioner as witness before the High Court. The order of the Hon’ble High Court records that the two experts produced as witnesses admitted that the hardware and software used in the EVMs are matters not known to public at large, or even experts including the witnesses, and they admitted that the information or data in the EVMs is not made open unauthorisedly. erala High Court (TA AhammedKabeer Vs AA Azeez and Ors Election Petition K No. 4 of 2001) In one of the cases as directed by the Hon’ble High Court of Kerala in Election 102 Petition No.4/2001, the process of detecting votes cast by impersonators was carried out before the Hon’ble Court in the case of General Election from 125-Evavipuram Assembly Constituency in Kerala in 2001. The High Court in its order dated 6.2.2002 had recorded its appreciation on the efficiency of the mechanism. The judgment of the Kerala High Court in the said Election Petition was upheld by the Hon’ble Supreme Court in Civil Appeal (AIR 2003 SC 2271). 7. The Hon’ble Uttarakhand High Court in its judgement dated 2nd June, 2017: “ Prima facie, it is evident from a combined reading of the entire press release of ECI that this system is seal proof. The EVMs are not hackable. There cannot be any manipulation at manufacturing stage. The results cannot be altered by activating a Trojan Horse through a sequence of key presses. The ECI-EVMs cannot be physically tampered with. The EVMs use some of the microcontrollers, dynamic coding of key codes, date and time stamping of each and every key press etc. These EVMs also cannot be tampered with during the course of transportation or at the place of storage. There are checks and balances to ensure tamper-proofing of EVMs”. 8. On 9th August, 2017, Hon’ble Supreme Court of India while deciding the bunch of Petitions on 100% use of VVPAT, observed that “ the above statement of the Election Commission of India contained in the counter affidavit acknowledges, that all prayers made in the group of petitions, stand fulfilled and satisfied. It is also apparent, that the Government of India has sanctioned funds for the purchase of the VVPAT units, needed during the course of the elections, which are to take place in the immediate future. The position expressed leaves no room for any doubt, that all future elections will be held by using VVPAT. The above stance is reiterated during the course of hearing by the learned counsel representing the Election Commission of India. In view of the above, we are of the considered view that the present bunch of matters does not require any further adjudication at our hands. All the cases clubbed together, are accordingly disposed of in terms of the counter affidavit filed by the Election Commission of India, duly supported by the Government of India”. 103 CHAPTER - 23 &+$37(5 PRESENTATION ON CREDIBILITY OF EVMS & VVPATS 3UHVHQWDWLRQRQ&UHGLELOLW\RI(90V 993$7V 104 105 106 107 108 109 110 111 112 113 114 The Keys shall be in custody of DEO & Dy. DEO, each having one key. 115 own seals on locks 116 117 118 119 120 121 122 123 124 125 126 127 CHAPTER - 24 LAYOUT OF POLLING STATION 128 CHAPTER - 25 DO’s AND DON’Ts ON USE OF VVPAT DO’s Ensure paper rollknob (horizontal position) transportation. DON’Ts is locked before In Polling Station, unlock the paper roll Don’t switch ON CU before VVPAT knob (vertical position). paper roll knob is in unlocked condition (vertical position). Position BU and VVPAT in Voting Compartment. Position CU and VSDU on PO’s Table Establish right connection by following Don’t allow direct light or high power the color scheme. illumination over VVPAT. Ensure the connectors are inserted Don’t insert/remove cables without properly. pressing the clips on the connectors. Switch ‘ON’ CU, the Power-On Green Don’t switch OFF CU unless all 7 slips LED on VVPAT glows and VVPAT prints are printed and cut. all 7 slips. Check for any “PRINTER ERROR” Don’t start polling in case of “PRINTER message on VSDU. Inform Sectoral ERROR” message on VSDU. Officer (SO) in such case. Always switch OFF CU before making Don’t operate the paper roll knob till any connection or disconnection the end of the poll. including change of battery. NOTE: In M3 VVPAT there is no VSDU. VVPAT related messages are displayed on the CU’s Display. 129 CHAPTER - 26 EXAMPLES OF CRITICAL MISTAKES 1. First Level Checking of EVMs and VVPATs on-Updation of FLC-OK or FLC-Reject status in ETS through MobileN App on day to day basis. FLC of VVPATs without using Dummy Ballot Paper on BU. N on-Uploading of 16 candidates (including NOTA) Dummy Symbols in the 1% VVPATs used for testing with 4-BUs having 64 dummy symbols (including NOTA) 2. Irregularity on use of Dummy Symbols Commissioning of EVMs and VVPATs N on-checking of candidate symbols uploaded in VVPAT during commissioning. In case of M3 EVMs, M3 VVPATs should be connected at the time of commissioning of the EVMs otherwise EVM will not accept a VVPAT at a later stage. 3. Transportation of VVPATs L ock paper roll when transporting the VVPAT from one place to another 4. Dispersal D o not switch on the VVPAT in broad daylight at the time of dispersal as the VVPAT may go into error mode. 5. Mock-Poll on Poll Day Not pressing the CLOSE button of CU after mock-poll. N ot matching the mock-poll result of the CU with the VVPAT Paper Slips. Not removing the mock-poll paper slips from VVPAT Non-deletion of mock-poll data from the Control Unit. 130 W hen setting up the EVMs and VVPATs in the polling station, the VVPAT should be positioned so as to avoid direct light from falling on it. D o not position the VVPAT near an open window or directly under a bulb or halogen lamp. 6. During Poll C onducting mock poll, in case of replacement of VVPAT only. Mock poll is not required to be conducted in case of only VVPAT replacement. In case of non-functioning of CU or BU replacing only CU or BU. In such case both BU and CU alongwith VVPAT shall be replaced. 7. Non-pressing of CLOSE Button after completion of Poll. Damaging any seal of BU/CU/VVPAT. General D o not repeatedly switch ON and OFF the VVPAT as it will deplete the battery as well as paper roll. S witch OFF the CU when connecting or disconnecting the EVMs/ VVPATs and do not pull the cable for disconnecting. In case of M3 VVPAT, there is no VSDU and VVPAT status will be displayed on the CU Display Penal. 131 BU ID No Name of Manufacturer Year of Manufacture Date of Receipt Receipt Challan No. Date on receipt challan Name and designation of receiver CU ID No. Name of Manufacturer Year of Manufacture Date of Receipt Receipt Challan No. Date on receipt challan Name and designation of receiver 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 132 Remarks 9 10 11 Remarks Part-B (Balloting Unit) Signature of Warehouse-incharge 9 Signature of Warehouse-in-charge Signature of receiver Box No. 1 Signature of receiver Box No. Annexure-1 (Master Stock Register) Part- A (Control Unit) Name of State/Union Territory: Name of District: Name of sub-division/taluka: Address of Warehouse: 10 11 133 No. of Balloting Units not in warehouse as mentioned in Master Stock Register No. of Balloting Units physically verified No. of Balloting Units in warehouse as mentioned in Master Stock Register No. of Control Units not in warehouse as mentioned in Master Stock Register No. of Control Units physically verified No. of Control Units in warehouse as mentioned in Master Stock Register Location of warehouse Name of warehouse Annexure-2 (Physical Verification Report) Name of State/Union Territory: Name of District: BEL ECIL BEL ECIL BEL ECIL BEL ECIL BEL ECIL BEL ECIL Note- Reasons for EVM not available in warehouse shall be clearly mentioned in the report. (Signature of District Election Officer) BEL ECIL BEL 134 No. of Balloting Units found defective during FLC No. of Balloting Units in warehouse as mentioned in Master Stock Register No. of Balloting Units physically verified and FLC done No. of Control Units found defective during FLC No. of Control Units physically verified and FLC done No. of Control Units in warehouse Location of warehouse Name of warehouse Annexure-3 (Physical Verification Report) Name of State/Union Territory: Name of District: ECIL BEL ECIL BEL ECIL BEL ECIL BEL ECIL Note- Reasons for EVM not available in warehouse shall be clearly mentioned in the report. Annexure-4 (Attendance Register for Political Parties-FLC Hall) Name of State/UT: Name of District: Address of FLC hall: Date:………………………. S.No. Name of Name of National/ representative State Party of political party with party affiliation Identity document No. with date Signature of representative Remarks, if any. Note: If the representative of a party is absent the proof of due service of notice to the party should be pasted in the register. (Name and signature of engineers of BEL/ECIL with ID No.) (Name, designation, signature of officers nominated by District Election Officer) 135 Annexure-5 (Certification of EVMs by BEL/ECIL) Name of State/UT: Name of District: Address of hall: Date: It is certified that tests prescribed by BEL/ECIL to ascertain that all components are original were carried out on the EVMs listed below on……………... (date). On the basis of these tests it is certified that all components of the EVMs listed below are original. CU Identification No. BU Identification No. (Name & signature of BEL/ECIL engineers with ID No.) (Names of Representatives of political parties with their party affiliation and signature) (Name, designation, signature of officers nominated by District Election Officer) 136 Annexure-6 STANDARD OPERATING PROCEDURE FOR FLC OF M-2 EVMs & VVPATs 1. 2. TOOLS TO BE CARRIED BY ENGINEERS a) Decoder Printer with accessories; b) Screw Drivers, forceps, nose pliers; c) Multi-meter; d) VVPAT AC-DC adapter; e) Symbol loading jig with Accessories (Power cable, 9 pin symbol loading cable and 9 pin PC interface cable); or PC / Laptop with preloaded symbol loading application; and f) RTC Jig for clock setting; SPARE-PARTS AND OTHER MATERIAL TO BE BROUGHT BY ENGINEERS a) Flaps; b) Close Caps; c) Latches; d) Cables (BU, VVPAT & VSDU); e) Buttons (Ballot, Total, Close, Result, Clear & Candidate); f) [ spare parts mentioned above (a) to (e) should be 20% of the number of EVMs/VVPATs to be tested] g) High Resolution Photographs of component side of CU-PCB and BUPCB; h) FLC Stickers {FLC-OK (Green), FLC-Failed (Red)}; i) Temper seals; j) VPAT Stickers (Transportation, Working and Unlock before Switch V ON); k) Coin Cells (RTC Battery); and l) Ballot Paper of Dummy symbols; 137 FLC OF EVMs (BU & CU) 3. CLEANING OF MACHINES: Removal of address tags, Ballot Papers, cleaning of superscriptions on CU & BU, clearing of earlier poll data, dusting of CU & BU etc. under close supervision of FLC in-charge and Engineers deputed by manufacturers. 4. 5. VISUAL INSPECTION OF EVM & VVPAT: a) Open Carrying cases of Control Unit (CU) and Ballot Unit (BU) and take out the units. Remove all tags, pink paper seal, FLC stickers, wax seals and Ballot papers. b) hysically check all buttons, toggle switch, connectors, and doors, P sealing provisions, display and plastic body of CU for damage / breakage. Replace the broken items with good items wherever possible and discard others. c) S imilarly, check connecting cable, connector, latches, and flaps and slide Switch and plastic body of BU for damage / breakage. Replace the broken items with good items wherever possible and discard others. d) Open cabinet of CU and carryout visual inspection of PCB. Hidden components or unauthorized rework, if any, CU should be discarded and kept aside. e) S imilarly, open cabinet of BU and carry out visual inspection of plastic parts and other and PCB for any damage, rework etc. and replace the damaged one if feasible. If any rework, BU should be discarded and kept aside. f) Check the number plate and number sticker pasted on the back of CU and BU for any mismatch. g) Record the serial numbers and defects of rejected units. FUNCTIONALITY CHECK a) Installation of Power Pack i) Open Battery compartment of CU ii) Insert power pack of EVM 138 b) c) iii) lign power pack connector with plug in CU, Press power pack A after insertion iv) Close Battery compartment Cable Connections i) Open connector compartment of CU ii) Connect BU cable to BU interface connector of Control Unit iii S et slide switch position of BU to 1. Unmask all 16 buttons in BU. Power ON Display Sequence i) Switch ON EVM. ii) Observe Power ON LED glowing green in CU. iii) bserve the following series of display messages on CU during O Power ON EVM IS ON DATE and TIME SL NO of the Control Unit NO OF CANDIDATES BATTERY STATUS During Power ON, if any of the following defect is observed in CU, then reject that CU. a) If one or more segments are missing or extra segment is displayed. b) Check Beep after Switch ON. In case of no beep or continuous beep. c) If Green LED is not glowing during Power ON. d) Check the serial number displayed in CU. If it is not matching with the number given on the number plate and Number sticker pasted on the back of CU. e) heck the Date and Time on CU display. In case of wrong Date and C Time, set Date and Time with the help of time set jig as detailed in para-17. 139 6. CLEARING OF PREVIOUS VOTES a) pen the outer door of Result compartment and then open the inner door. O Press CLEAR button to delete any votes stored in CU. 7. b) If CU displays INVALID, press RESULT button. If it still displays INVALID, press CLOSE button. c) nce CLOSE display sequence is completed, press RESULT button O and wait till CU displays “End”. Press CLEAR button. During Clear operation, observe CU displays “0” votes for all candidates. CANDIDATE SET OPERATION a) ress CANDIDATE SET button for setting candidates. Observe “SET P CANDIDATE – “display in CU. Press 16th button in BU to set the number of Candidates to 16. 140 BALLOT OPERATION 8. a) ress BALLOT button in CU. BUSY LED in CU shall glow RED and READY P LED in BU shall glow GREEN. b) ress first candidate button in BU. Observe LED by the side of the P button glow RED. c) Beep shall be heard. Observe Busy LED in CU and READY LED in BU goes OFF. d) F ollow the instructions “a” to “c” by casting votes for all 16 candidates in BU. e) Press TOTAL. Check number of candidates 16 and total votes 16 in CU display. CLOSE OPERATION Press CLOSE button. Observe CU displays “POLL CLOSED”. 9. RESULT OPERATION Press RESULT button and observe the votes cast against each candidate. 10. CLEAR OPERATION AT THE END OF POLLING ress CLEAR button and wait till CU displays “0” votes for all the candidates. P Press TOTAL to confirm Total Votes 0. 141 11. REJECTED UNITS Reject the units found defective during the functionality check. Identify the defects and isolate them. Record the serial numbers and defects of rejected units. MOCK POLL ON EVMs RANDOMLY SELECTED BY POLITICAL PARTIES 1200 votes in 1% EVMs, 1000 votes in 2% EVMs; and 500 votes in 2% EVMs s hall be done and a printout of the results, as well as sequential print-out of every vote polled, shall be taken out and shown to the representatives of political parties. 13. SEALING OF CONTROL UNIT S eal the Control Unit with Pink Paper seal and affix signature of Engineer and representative of DEO. The Sl. No. of Pink Paper Seal is to be recorded along with Sl.No. of CU in a Register. 14. 15. DOCUMENTATION a) Paste the FLC-OK (Green) sticker on back side of FLC-OK CU and BU. Record the Serial Number of Control Unit and Ballot Unit and affix signature on FLC sticker. b) Note down total numbers of CUs and BUs that are accepted after FLC in the prescribed format. c) aste the FLC-FAILED (Red) sticker on back side of FLC-FAILED CU and P BU. Record the Serial Number of Control Unit and Ballot Unit and affix signature on FLC sticker. d) Consolidate Serial numbers of defective units and defects observed in the prescribed format. Submit a copy of the same to FLC In-charge. CHANGE OF COIN CELL a) emove top cover of CU, replace the old RTC cell with new one and R re-fix the cabinet. 142 b) Put the tamper sticker on four screws on top side. Fix the RTC cell sticker on the back of the Control Unit. c) ote down total number of Control Units in which RTC cells were N replaced in the prescribed format. Tamper Sticker 16. RTC cell sticker TIME SETTING a) Bring the CU to “Result” mode. Hold simultaneously “Result” and “Print” buttons and switch ON CU. CU shall display “Set Time” mode. b) Connect the Time Set Jig with CU and press “Set” button in the Time Set Jig. Current Date and Time is set in CU. c) Switch OFF CU. Again, switch ON and confirm the Date and Time. 143 17. CLOSING OF FLC ut all Units in respective carrying cases and, in turn, in bulk carrying cases P and releases them for proper storage. Ensure that the rejected Units are identified with suitable stickers and kept separately. FIRST LEVEL CHECK PROCEDURES FOR VVPAT VVPAT AND ITS ACCESSORIES 18. PHYSICAL INSPECTION OF VVPAT a) pen the Ballot Slip Compartment and check for any ballot slips O inside. If any old printed slips with election symbols is found, report to the FLC In-charge immediately. 144 19. 20. b) emove previously placed address tag and FLC stickers from the R VVPAT. c) Remove any paper slips from the VVPAT, if found inside. Remove battery pack from the battery compartment, if any, present in the VVPAT. d) Perform mechanical inspection by checking connector and battery compartment, LOCK-UNLOCK switch and latching/Unlatching of latches. INSTALLATION OF BATTERY a) pen Battery Compartment of VVPAT by pressing both the latches O together and pulling the door outwards. b) Observe the Battery Plug present inside Battery compartment. c) Insert the VVPAT Battery by plugging into the battery plug. d) Close the battery Compartment door. INSTALLATION OF PAPER ROLL a) Open the Paper Roll compartment by opening the side latches and by lifting the top cover. Observe the Paper Roll Compartment which holds the Paper roll. b) emove “Spindle” from its position by pulling towards upward R direction. c) Insert “Spindle” into “Thermal Paper Roll”. d) Place the “Thermal Paper Roll” with “Spindle” into its position (i.e Paper Roll compartment) and press it towards down. e) Insert “Thermal Paper Roll” edge into the “Guide -Paper Entry”. Ensure that the plain paper should be on the top surface and the printed band should be on the lower Surface of the Paper. f) ove the paper into the slot by rotating the paper feed knob M clockwise. 145 Paper Roll Installation steps 21. SYMBOL LOADING ummy symbols prescribed for FLC and demonstration purpose shall be D loaded using Laptop/Computer/Symbol Loading Jig for 16 candidate buttons. 22. CABLE CONNECTIONS a) Open connector compartment of VVPAT. b) Connect cable from Ballot Unit to BU Interface connector matching the coloured latches (red/black connector). c) onnect cable from VSDU to VSDU interface connector matching the C coloured latches (blue/green connector). d) onnect VVPAT cable to BU interface connector of Control Unit C matching the coloured latches (red/black connector). 146 23. Testing Process: a) Test Preparation 1 BU, VSDU and CU are needed. T he VVPAT should be initialized and loaded with 16 dummysymbols. Make connections and operate the VVPAT. The test has to be performed under standard conditions where a new battery (Voltage > 22 V) and a new paper roll are used. i) E nsure Lock-Unlock switch at the back-side of VVPAT is in unlock (Vertical) position. ii) Switch on the CU. iii) After the VVPAT is turned on, the POST slip and five self-diagnostics reports are printed. In this case, the Diagnostics report should only be checked for PASS/FAIL status as self-diagnostics test would have been carried out on these units. iv) Before proceeding for mock-poll, check the status of each sensor in the diagnostics reports. Proceed to next step only if the status of each sensor is shown as “PASS” in the diagnostics report. v) If the status of Battery in Battery report is indicated as “FAIL”, change the battery pack and start the test again. vi) Put the CU in clear state vii) Press Ballot Button on CU and verify that the Busy LED glow Red on 147 CU and VSDU. Ready LED on BU glow Green indicating BU is ready for Voting. viii) Cast vote for first candidate on BU. On the selection of candidate, VVPAT prints the selection on ballot slip. ix) T he ballot slip is displayed behind a transparent window of VVPAT for 7 seconds. Verify the candidate number, symbol and name of the candidate in the slip. After that, ballot slip will automatically cut and fall into the Ballot slip compartment. x) epeat steps from vii to ix for all the other candidates on the Ballot R Unit. Check whether VVPAT prints the selected candidate information. xi) Continue polling for minimum of 96 votes i.e. by giving 6 vote to each candidate button. Note down the Ballot voted. xii) ress Close button on CU to Close the Poll and note down the Result P by pressing Result Button on CU. xiii) T akeout the printed ballot slips from drop box (ballot slip compartment) and segregate candidate-wise. xiv) Count the candidate-wise printed ballot slips and note down the count. xv) Tally CU result with the ballot slip count. xvi) lear the votes by pressing Clear button in CU. Check whether Total C Votes displayed is ‘0’. b) FLC OK CRITERIA The VVPAT is FLC OK, if all of the following are achieved i) T he total number of votes polled as displayed on the CU screen indicates equal to number of votes cast, when TOTAL key is pressed. ii) “ PRINTER ERROR” “CHANGE PRINTER” should not be displayed on VSDU during the mock-poll. iii) “ 1-LOW BATTERY” “CHANGE BATTERY” should not be displayed on VSDU during mock-poll. iv) After conduct of mock-poll, the FLC-OK (Green) Sticker duly 148 signed by the Engineer and representative of the District Election Officer shall be pasted on the left side of VVPATs whose results are obtained as ‘PASS’. NOTE-1: IF ANY VVPAT DO NOT PASS THE ABOVEMENTIONED CRITERIA, FLCFAILED (RED) STICKER SHALL BE AFFIXED ON THAT VVPAT. NOTE-2: PASTE THE FOLLOWING STICKERS, ON ALL VVPATs 1. “Transportation” 2. “Working” and 3. “Unlock before Switch ON” MAXIMUM NUMBER OF CANDIDATES TEST i) Purpose T he purpose of this test is to verify that the VVPAT is working properly with maximum number of candidates i.e. 64. The purpose is to test that the communication protocol between VVPAT, CU and BUs. ii) Test Applicability T his test is applicable to VVPAT along with CU and BUs connected as a system. This test is an extended test of polling test and is performed only on 1% of the VVPAT lot. iii) Test Preparation ne VVPAT with 64 symbols loaded, 4 BUs, 1VSDU and 1CU are needed. O Make connections and operate the VVPAT. This test can be conducted with used Battery pack and used Paper roll (should be sufficient for printing 64 ballot slips). 149 iv) v) Test Procedure i) ress BALLOT key to enable the Ballot and vote for any candidate in P the first BU. A total of 4 votes to be casted by voting to one candidate in each BU. ii) ress Close button on CU to Close the Poll and note down the Result P by pressing Result Button on CU. iii) Tally CU result with the ballot slip count. iv) emove all the ballot slips from VVPAT and clear the votes by pressing R Clear button in CU. Check whether Total Votes displayed is ‘0’ Acceptance Criteria The test is successful if the following conditions are met: i) No error message is displayed on CU during the balloting process. ii) “PRINTER ERROR” “CHANGE PRINTER” is not displayed on VSDU during the test. Note: - Since the test is performed with a used Battery pack, the VSDU can display “1- LOW BATTERY” “CHANGE BATTERY” during the polling of 96 votes. In that case change the battery pack and start the test again. SAMPLE REPORT FORMAT 150 ERROR CODE : 2 -PRINTER ERROR On press of Ballot key on CU, if the error code 2 displayed on VSDU along with sequence of messages, then switch off CU. Note down the error code observed for Printer error in the Test format. Error code details are given below: Printer Error 2.1 – Abnormal Head Temperature Printer Error 2.3 – Printer Timeout Error Printer Error 2.4 – Printer Low Voltage Error Printer Error 2.5 – Printer Incorrect Command Error Printer Error 2.6 – Cutter Error Printer Error 2.7 – Fall Error Printer Error 2.8 – Printer memory Error Printer Error 2.9 – Contrast Error Printer Error 2.10 – Length Error Printer Error 2.12 – Platen Open Error Printer Error 2.13 – No Paper Error Printer Error 2.14– Deplete Error 151 SAMPLE OF FIRST LEVEL CHECK REPORT FORMAT OF EVMs EVM FAILED REPORT Date: Place: District/State: Sl.No. Unique ID of BU/ CU Reason for Rejection Remarks Signature: Signature: Name: Name: (BEL/ECIL Engineer) (DEO’s Representative) 152 SAMPLE OF FIRST LEVEL CHECK REPORT FORMAT FOR VVPAT FIRST LEVEL CHECK REPORT - VVPAT Date: Place: District / State: S.No. VVPAT Visual Post/ Symbol Link Votes PASS/ In case of Serial inspection Diagnostic Loading Check Polled FAIL Failure, Defect Number Ok / Not report Ok / Ok / Not Ok / Not (96) observed (Value Ok Not Ok * Ok Ok of parameter causing failure) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Signature: Name: (BEL/ECIL Engineer) Signature: Name : (DEO’s Representative) 153 Annexure-7 (Mock Poll Result Certification During FLC of EVMs) Date: …………….. Name of State/UT: Name of District: Address of hall: It is certified that a printout of the result of mock poll as well as a sequential print out of every vote polled during the mock poll has been taken out from ……… EVMs picked up by me. There are no discrepancies between the votes polled during the mock poll and result in the print out. Sl. No. Name of National/ State Party Name of representative of political party with party affiliation Identity Signature of Remarks, document representative if any. No. with date 154 Annexure-8 (Mock Poll by Representatives of Political Parties during FLC of EVMs) Date:…………….. Name of State/UT: Name of District: Address of hall: It is certified that I have done mock poll on………….. EVMs and I am fully satisfied with the functioning of EVMs. S.No. Name of National/ State Party Name of Identity representative document of political No. with party with date party affiliation 155 Signature of Remarks, representative if any. Annexure-9 (Mock Poll certification during FLC of VVPATs) Date:…………….. Name of State/UT: Name of District: Address of hall: It is certified that the results of the printed ballot slips of VVPATs (list of unique ID of VVPATs attached) have been tallied with the electronic result of the respective Control Units. There are no discrepancies between the electronic count of the Control Units and count of printed ballot paper slips of VVPATs. S.No. Name of Name of National/ representative State Party of political party with party affiliation Identity document No. with date Name of Engineers of BEL/ECIL 1. 2. 3. Signature of representative Remarks, if any. (Signature) (Signature)…………………………………………………………………. Name of FLC-Supervisor…………………………………………….. Designation……………………………………………………………….. 156 Annexure-10 (Sealing of Control Unit of EVMs using Pink Paper Seal) Name of State/UT: Name of District: Address of FLC hall: Date: It is certified that the sealing of the Control Units using Pink Paper Seals has been done in my presence. I have put my signature on the Pink Paper Seals after sealing of the Control Units and I am satisfied with the sealing of the Control Units. Sl.No. S.No. Unique ID No. of Control Unit Name of National/ State Party Name of representative of political party with party affiliation Pink Paper Seal Number Identity document No. with date Signature of representative (Name, designation, signature of officers nominated by District Election Officer) 157 Annexure-11 (Certificate on arrangement for FLC by DEO) Name of State/UT: Name of District: Address of FLC hall: Date:………………….. S.No. Particulars (Yes/No) 1 Whether FLC hall is sufficiently large to accommodate the EVMs and VVPATs to be checked, officials nominated by the DEO, engineers of BEL and ECIL and also representatives of political parties. 2 Whether FLC Hall well-lighted, well ventilated and dust free. 3 Whether FLC area has been barricaded and sanitized by police 4 Whether adequate arrangement of fire extinguishers and fire alarm has been made inside and outside the hall. 5 Whether hall is free from any other electronic device or components of electronic devices 6 Whether facilities of drinking water, toilet, first aid etc are available 7 Whether there is only one entry and exit point to the hall and guarded by armed police force round the clock. 8 Whether door frame, metal detector are installed 9 Whether arrangement for frisking has been made 10 Whether Identity Cards for entry into the FLC hall to the authorized officials/Representatives of political parties have been issued by the District Election Officer 11 Whether arrangement of webcasting have been made 12 Whether log book to record entry of every person has been kept at FLC hall 13 Whether a separate log book (i.e. duty roaster) to be maintained for armed police force deployed for FLC hall has been kept at FLC hall 14 Whether all required registers and formats are ready and kept in FLC hall 15 Number of Armed Police Personnel in each shift I have personally inspected the above arrangements. (Name and Signature of District Election Officer) 158 Annexure-12 (Certificate on completion of FLC process) Name of State/UT: Name of District: Address of FLC hall: Date: ………………….. It is certified that FLC process has been completed on …………………….(date) as per instructions of the Commission on First Level Checking of EVMs and VVPATs. I personally inspected FLC on following dates: The status of EVMs and VVPATs after completion of FLC is as under: Name of District Available in the District BU CU VVPAT FLC Ok Quantity BU CU VVPAT FLC Reject Quantity BU CU VVPAT The defective EVMs and VVPATs shall be shifted to the manufacturer (BEL/ECIL) on…………………i.e. within 7 days from the date of completion of FLC process in the district. (Name and Signature of District Election Officer) 159 Annexure-13 VVPAT BROCHURE FOR PRESIDING OFFICERS 160 161 162 163 164 165 166 167 Annexure-14 How to Vote using EVM & VVPAT 168 Annexure-15 (Register for Preparation of EVMs) Name of State/UT: Name of District: Name of Assembly/Parliamentary Constituency: Address of Preparation of EVM hall: Date: S.No. Name of Name of candidate representative of candidates with party affiliation, if any Identity document No. with date Signature of candidates/His representative Remarks, if any. Note: If a candidate or his representative is absent the proof of due service of notice to the candidate should be pasted in the register. (Name and signature of engineers of BEL/ECIL with ID No.) (Name, designation, signature of officers nominated by District Election Officer) 169 Annexure-16 (Certification of EVMs by BEL/ECIL) Name of State/UT: Name of District: Name of Assembly/Parliamentary Constituency: Address of hall: Date: It is certified that tests prescribed by BEL/ECIL to ascertain that all components are original were carried out on the Balloting Unit listed below on…….. (date). On the basis of these tests it is certified that all components of the Balloting Unit listed below are original. BU Identification No. (Name & signature of BEL/ECIL engineers with ID No.) 170 Annexure-17 INSTALLATION OF PAPER ROLL IN VVPAT a) pen the Paper Roll compartment by opening the side latches and by lifting O the top cover. Observe the Paper Roll Compartment which holds the Paper roll. b) Remove “Spindle” from its position by pulling towards upward direction. c) Insert “Spindle” into “Thermal Paper Roll”. d) lace the “Thermal Paper Roll” with “Spindle” into its position (i.e Paper Roll P compartment) and press it towards down. e) Insert “Thermal Paper Roll” edge into the “Guide -Paper Entry”. Ensure that the plain paper should be on the top surface and the printed band should be on the lower Surface of the Paper. f) Move the paper into the slot by rotating the paper feed knob clockwise. Paper Roll Installation steps 171 Annexure-18 (Mock Poll certification during Preparation of EVMs) Date:…………….. Name of State/UT: Name of District: Name of Assembly/Parliamentary Constituency: Address of hall: It is certified that during commissioning of EVMs and VVPATs, mock poll of 1000 votes have been cast on 5% randomly selected EVMs, as well as VVPATs. The electronic result tallied with paper count, picked up by me. There are no discrepancies between the votes polled during the mock poll. S.No. Name of candidate Name of Identity Signature of Remark, representative of document candidate/his if any. candidate with No. with representative party affiliation, date if any 172 Annexure-19 (Register for Sealing of Balloting Unit of EVMs using Pink Paper Seal) Name of State/UT: Name of District: Address of FLC hall: Date: It is certified that the sealing of the Balloting Units using Pink Paper Seals has been done in my presence. I have put my signature on the Pink Paper Seals after sealing of the Balloting Units and I am satisfied with the sealing of the Balloting Units. Sl. No. S.No. Unique ID No. of Balloting Unit Name of candidate Name of political party with party affiliation, if any 173 Pink Paper Seal Number Identity document No. with date Signature of candidate/ his representative Annexure-20 Voting Compartment – Dimensions & Cascading of Balloting Units ON ONE SIDE - FACING THE WEB CAMERA Name of State/UT: AC/PC Name: AC/PC Number: Date of Poll: Polling Station Name: Polling Station Number: ON REMAINING TWO SIDES OF THE VOTING COMPARTMENT Hkkjr fuokZpu vk;ksx ernku dEikVZesaV ELECTION COMMISSION OF INDIA VOTING COMPARTMENT 174 175 CASCADING OF THREE BALLOTING UNITS CASCADING OF FOUR BALLOTING UNITS 176 Annexure-21 Mock Poll Certificate This is certified that I, ……………… Presiding Officer at the Polling Station No………. of ……………………..Assembly Constituency (or the ……………………………Assembly segment under ……………………………Parliamentary Constituency) conducted the mock poll at ……….. AM today, the poll day i.e. ………………(date), following scrupulously all the instructions issued by the Election Commission of India, using– CU of Serial No. (as printed on back-side of the CU)…………………………………………… BU of Serial No. (as printed on back-side of the BU)………………………………………… VVPAT Unit of Serial Number (if used)………………………………………………………… 1. A total of ……… votes were cast for each candidate and also for NOTA. 2. It was verified that the LED light was getting lit up against the correct candidate/NOTA button, when the button was pressed and beep sound was properly heard. 3. T he candidate-wise detail of votes polled during mock-poll and result displayed, is as under: S. No. Name of the Candidate Number Number of Number of Votes Cast of votes votes disPrinted Pa- and Result cast during played in CU per Slips, as displayed mock poll on checking per counting & Printed the result on checking Paper Slip mock poll re- count (if sult (if VVPAT VVPAT used) used) Tallied with each other (YES/NO) NOTA Total 177 4. I have cleared the memory of the EVM and also removed the printed paper slips of VVPAT after the mock poll and verified that the memory has been cleared, by pressing the Total button and seeing the Total is shown as ‘0’. 5. t the time of mock poll the following polling agents representing the A candidates whose names mentioned against the names of such agents were present and I have obtained their signatures. 6. oll Start Date and Time seen on the display of CU at the time of start of P actual poll……………………………………………….. (To be filled in case of Post-2006 EVMs). Sl.No. Name of Polling Agent Name of Party Name of candidate Signature of Polling Agent 1. 2. 3. 4. 5. or At the time scheduled for mock poll no polling agent was present/the agent of only one contesting candidate was present. After waiting for fifteen more minutes, I conducted the mock poll along with other polling staff at …….….AM. Signature of Micro-Observer (if posted at the polling station) Date: Time: Name & Signature of the Presiding Officer Polling Station No…………. Polling Station Name………………….. 178 Annexure-22 HANDLING OF CU-BU-VVPAT FAILURES/ERRORS DURING POLL PREPARATION OF POLLING OFFICIALS FOR FAULT HANDLING-SUGGESTIONS Certain contingencies may arise during the polling process which may require certain actions. These are as follows: a) In case the CU or the BU does not work properly: (i) Switch off the CU and don’t switch it on again (ii) Replace the complete set of EVM and VVPAT by another set of BU, CU and VVPAT (iii) However, in such case only one vote to each contesting candidate including NOTA should be polled in the mock poll. (iv) Continue the poll with the new EVM set, after clearing mock poll data and printed paper slips from VVPAT Drop Box. b) In case Display Panel of the CU displays “Link Error”: (i) Check that the cable connections are proper by visual inspection (don’t remove and reconnect the connectors); (ii) If “Link Error” still persists, replace the complete set of EVM and VVPAT. c) In case the VVPAT Status Display Unit (VSDU) displays “Error Code-1Replace Battery”: Switch off the CU and replace the Power Pack of VVPAT printer. It should be ensured that in no case replacement of power pack is done without switching off the CU. d) In case the VSDU displays “Error Code – 2 Replace Printer” and the Presiding Officer has not pressed the BU enable button: Switch off the CU and replace the defective VVPAT unit with the new VVPAT unit. It shall be ensured that in no case replacement of VVPAT unit is done without switching off the Control Unit. e) In case the Presiding Officer has pressed BU enable Button and the Voter has pressed the Candidate Button of the Ballot Unit and complains that ‘Paper Slip’ has not been printed or the Paper Slip printed by the VVPAT unit has not been cut and hanging against the display window then: (i) If the busy lamp of the CU is not glowing and no Message/Error is displayed on VSDU, the complaint should be considered as baseless and rejected; (ii) If busy lamp is glowing on the CU and no Message/Error is displayed on VSDU, the Voter shall be requested to go into the Voting Compartment once again and press the Candidate Button on BU of his choice; (iii) If busy lamp of the CU and VSDU are glowing and VSDU has no display message, please switch OFF the CU and replace the VVPAT unit. (iv) The last voter whose paper slip has not been printed by VVPAT or has not been cut should be allowed to cast his vote after the VVPAT unit has been replaced. 179 lease keep in mind that the vote is not recorded in the CU electronically P unless the paper slip has been printed and cut by VVPAT. If VVPAT has not printed the paper slip, or the printed paper slip has not been cut, the last voter whose paper slip has not been printed by VVPAT or has not been cut should be allowed to cast his vote after the VVPAT unit has been replaced. f) In case the printed paper slip has not been cut and is hanging from the paper roll: Replace the Printer, but no effort should be made to make it fall into the drop box. It should be allowed to remain hanging, as it is not to be counted at the time of counting of the ballot slips. The details of such an occurrence should be clearly recorded in the Presiding Officers diary in the following format: i) The date and time of the occurrence. ii) T he name of the voter and his serial number in part in the electoral roll who was allowed to cast his vote after replacement of VVPAT. iii) Whether the voter cast his vote after replacement of VVPAT or went away without casting his vote. iv) The Total number of votes cast before the occurrence. g) In case a voter alleges after recording his vote that the printed paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for: Action should be taken as per provisions of Rule 49MA of the Conduct of Elections (Amendment) Rules, 2013: ( i) Obtain a declaration from the complainant in the Declaration Form (Annexure-24) under his/her signature/thumb impression; (ii) Proceed to the voting compartment along with the complainant and polling agents present in the polling station at that moment; (iii) The voter shall be asked to cast a test vote in favour of any candidate and make second entry related to that elector in the Form-17A; (iv) Observe carefully whether the Printer has printed the paper slip correctly; (v) If the complaint of the elector is found genuine, the Presiding Officer shall report the facts immediately to the RO and stop further polling at the station; (vi) If the complaint of the elector is found false, make a remark to that effect against the second entry relating to that elector in Form-17A mentioning the serial number and name of the candidate for whom such test vote has been recorded and obtain the signature or thumb impression against such remark. Further make necessary entries regarding such test vote in item 5 in Part-I of Form 17-C. 180 Annexure-23 CHECK LIST OF ADDITIONAL ITEMS OF POLLING MATERIALS TO BE PROVIDED TO THE POLLING PARTY 1. Voter Verifiable Paper Audit Trail (VVPAT) Printer Unit : 1 No. 2. VVPAT Status Display Unit (VSDU) : 1 No. 3. Carrying Case for the VVPAT system : 1 No. 4. Envelope made of thick black paper : 2 Nos. 5. (For sealing printed paper slips of Mock Poll) Plastic Box for Black Paper Envelope Sealing : 1 No. 6. Pink Paper Seal for sealing Plastic Box : 2 Nos. 7. Form of declaration by elector under rule 49MA : 10 copies of the Conduct of Elections Rules 181 Annexure-24 General/Bye-Election to……………………………………………………………… Sl. No. and Name of Parliamentary/Assembly Constituency…………………………… No. and Name of Polling Station……………………………………………………… FORM OF DECLARATION BY ELECTOR UNDER RULE 49MA OF CONDUCT OFELECTIONS RULES, 1961 1. I hereby solemnly declare and affirm under sub-rule (1) of Rule 49 MA of the Conduct of Elections Rules 1961 that the paper slip generated by the printer attached to the Balloting Unit has shown the name and/or symbol of a candidate other than the candidate for whom I voted by pressing the concerned blue button against the name and symbol of the candidate of my choice on the Balloting Unit. I am ready to cast a test vote again to show that the allegation made by me is true and bonafide. (2). I am aware of the penal provisions of Section 177 of the IPC that I shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, if the declaration given by me in para 1 above to the Presiding Officer appointed under Section 26 of the RP Act, 1951 is found to be incorrect. Signature/Thumb impression of the Elector Name of the Elector……………………………. Father/Mother/Husband’s Name………………. Part No. of elector roll…………………………. Sl. No. of elector in that Part…………………… Sl. No. in Register of Voters (Form 17A)………. Dated……………….. Certified that the above declaration was made and subscribed by the elector above named before me. Signature of the Presiding Officer ………………………………… Dated………… 182 Annexure-25 (Report on getting result data from Control Unit whose CLOSE button was not pressed by Presiding Officer at the end of poll) Name of State/UT: Name of District: Name of election: Number & Name of Assembly/Parliamentary Constituency: Date of Counting: It is certified that the result has been obtained from the following Control Unit(s) after pressing CLOSE button in the presence of the contesting candidates/ their counting agents. The result of the election has been declared taking into consideration the result from this machine as well. Sl. No. Polling Station No. Unique ID No. of Control Unit Detailed Report No. of votes polled in the Control Unit as per Form 17C Final statement showing votes polled by the winning and runner up candidates S.No. Name of candidate Party affiliation, if any (Name & Signature of Returning Officer) (Name & Signature of Observer) 183 Votes polled Annexure-26 (Report on discrepancy in total votes shown in the Control Unit whose CLOSE button was not pressed by Presiding Officer at the end of poll and as mentioned in Form 17-C) Name of State/UT: Name of District: Name of election: Number & Name of Assembly/Parliamentary Constituency: Date of Counting: It is certified that the discrepancy has been noticed in the total votes polled in the following Control Unit(s), after pressing TOTAL button of the Control Unit and comparing it with the total votes polled mentioned in Form 17-C. Sl.No. Polling Station No. Unique ID No. of Control Unit No. of votes polled displayed by Control Unit on pressing TOTAL button No. of votes polled in the Control Unit as per Form 17C Remarks Final statement showing votes polled by the winning and runner up candidates S.No. Name of candidate Party affiliation, if any Votes polled As the margin of votes between the candidate having highest votes and the runner up is more than the votes polled mentioned in the Form 17C relating to the Control Unit(s) mentioned above, the matter is being referred to the Commission for permission to set aside the votes polled in the said Control Units (s) and to declare the result. (Name & Signature of Returning Officer) (Name & Signature of Observer) 184 Annexure-27 Sample Container -14 inch X 10 inch X 5 inch (length X breadth X height) Sample Pigeonholes (Size of each compartment 6 inch X 4 inch X 4 inch) 185 Annexure-28 ANNEXURE TO PART-II OF FORM 17-C RESULT OF PRINTED PAPER COUNT Polling Station No. ______ used:____________________ Total number of VVPATs Unique ID of VVPAT : ___________ Sl.No. of candidate Name of candidate Number of votes as per count of Printed Paper Slip of VVPAT Number of test votes to be deducted as per item 5 of Part I Number of valid votes. (3-4) (1) (2) (3) (4) (5) 1. 2. 3. 4. 5. 6. Total Whether the total number of votes shown above tallies with the total number of votes shown against item 6 of Part I or any discrepancy noticed between the two totals.(YES/NO) Place………………….. Date……………………. Signature of Counting Supervisor 186 Name of candidate/election agent/counting agent 1. 2. 3. 4. 5. 6. 7. Place………………….. Date……………………. Signature of Returning Officer 187 Full signature Annexure-29 FORM 17 C [See rules 49S and 56C(2)] PART I – ACCOUNT OF VOTES RECORDED Election to House of the People/Legislative Assembly of the State/Union Territory ………….……………… from……………………….. constituency. Number and Name of Polling Station: …………………… Identification Number of voting Control Unit…………... Machine used at the Polling Station: Balloting Unit…………. Printer (if used)………… 1. Total number of electors assigned to the Polling Station 2. Total number of voters as entered in the Register for Voters (Form 17A) 3. Number of voters deciding not to record votes under rule 49-O 4. Number of voters not allowed to vote under rule 49M 5. Test votes recorded under rule 49MA (d) required to be deducteda) total number of test votes to be deducted: elector(s) in Form 17A ……… b) Total No. Sl.No.(s) of …………...............………. Candidate(s) for whom test vote(s) cast: Sl.No. candidate No. of votes Name of …………. ………………… ………. …………. ………………… ………. 6. Total number of votes recorded as per voting machine:…………………………………. 7. hether the total number of votes as shown against item 6 tallies with the W total number of votes as shown against item 2 minus numbers of voters deciding not to record votes as against item 3 minus number of voters as against item 4(i.e. 2-3-4) or any discrepancy noticed:………………………………… 8. umber of voters to whom tendered Ballot papers were issued under rule N 49P:………….. 188 9. Number of tendered Ballot papers: Sl.No. Total From To a) received for use ………………………………………………… b) issued to electors ………………………………………………… c) not used and returned ………………………………………....……… 10. Account of papers seals Signature of polling agents 1. Paper seals supplied for use: Total No……………… 1…………..............…. Sl.No. from……………. To …………..............…. 2. Paper seals used: Total No……………… 2…………..............…. Sl.No. from……………. To …………..............…. 3. Unused paper seals returned to Returning Officer: Total No……………… 3…………..............…. Sl.No. from……………. To …………..............…. 4. Damaged paper seal, if any: Total No……………… 4…………..............…. Sl.No. from……………. To …………..............…. 5…………..............….. 6…………..............….. Date…………..............…. Place…………..............…. Signature of Presiding Officer Polling Station No……………..............…. 189 PART II- RESULT OF COUNTING Sl.No. of candidate Name of candidate Number of votes as displayed on control unit Number of test votes to be deducted as per item 5 of Part I Number of valid votes. (3-4) (1) (2) (3) (4) (5) 1. 2. 3. 4. 5. 6. Total Whether the total number of votes shown above tallies with the total number of votes shown against item 6 of Part I or any discrepancy noticed between the two totals. Place………………….. Date……………………. Signature of Counting Supervisor Name of candidate/election agent/counting agent 1. 2. 3. 4. 5. 6. 7. Place………………….. Date……………………. Signature of Returning Officer 190 Full signature Annexure-30 Mandatory verification of paper slips of VVPAT of 01 randomly selected polling station Name of State/UT:……………………………………………………………………………. No. and Name of Assembly/Parliamentary Constituency:………………………………… No. and Name of Assembly Segment (in case of PC):…………………………………….. Sl.No. and name of Polling Station:……………………………………………………….. Unique ID of Control Unit:………………………………………………………………… Unique ID of VVPAT:…………………………………………………………………….. It is certify that pilot testing of counting of paper slips of VVPAT of 01 randomly selected polling station has been conducted as per the instructions of the Commission. Name of Candidate No. of Votes Cast As per EVM As per Paper Slips 1. Discrepancy if any 2. 3. --NOTA TOTAL VOTES Signature of Counting Agents 1…………………….. 2…………………….. 3…………………….. Signature of Counting Supervisor Signature of Returning Officer Signature of General Observe 191 Manual on Electronic Voting Machine and VVPAT July 2018 Document 2 - Edition 3 Hkkjr fuokZpu vk;ksx Election Commission of India Hkkjr fuokZpu vk;ksx Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi-110001 Website : www.eci.nic.in, Tel. : 011-23052205, Fax : 011-23052219 Nirvachan Sadan, Ashoka Road, New Delhi-110001 “No voter to be left behind” “No voter to be left behind”
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