Frequently Asked Question (FAQ)

No
You have to be registered as a voter in the current electoral roll to contest
election.
(Refer: Sec. 4 (d) and Section 5 (c) of Representation of People Act, 1951)

Ans. Yes
You can contest election from any constituency in the Country, except
autonomous Districts of Assam, Lakshadweep and Sikkim
(Refer : Sec. 4 of the Representation of People Act, 1951)

Ans. Yes
He can contest election from any other State from a seat reserved for
Scheduled Castes.
(Refer : Sec. 4 of the Representation of People Act, 1951)

Ans. Yes
He can contest election from any other State from a seat reserved for
Scheduled Tribes except Lakshadweep, other than those in autonomous
Districts of Assam and excluding the tribal areas of Assam.
(Refer: Sec. 4 of the Representation of People Act, 1951)

Ans. No . (Refer: Sec. 5 of the Representation of People Act, 1951)

Ans. Yes
(Refer: Sec. 4 & 5 of the Representation of People Act, 1951)

Ans. No
(Refer: Section 8 (3) of Representation of People Act, 1951)

Ans. No
Even if a person is on bail, after the conviction and his appeal is pending for
disposal, he is disqualified from contesting an election as per Supreme Court’s
decision. But if his conviction is also stayed, then he can contest.

Ans. No
Such person can not vote at any election if he is confined in a prison, whether
under a sentence of imprisonment or transportation or otherwise, or is in the
lawful custody of the police.
(Refer: Section 62(5) of the Representation of the People Act, 1951)

Ans Yes
He is entitled to vote by Postal Ballot paper
(Refer: Proviso to Section 62(5) of the Representation of the People Act, 1951
and Rule 18 (a) (iv) of Conduct of Elections Rules 1961).

Ans. Rs. Ten Thousand
(Refer Sec. 34 (1) (a) of Representation of People Act, 1951)

Ans. Yes
It is Rs. Five thousand.
(Refer Sec. 34 (1) (a) of Representation of People Act, 1951)

Ans. Rupees Five Thousand
(Refer Sec. 34 (1) (b) of Representation of People Act, 1951)

Ans. Yes
It is Rs. Five thousand.
(Refer Sec. 34 (1) (a) of Representation of People Act, 1951)

Ans. Rs. Five thousand for Lok Sabha / Rs. Two thousand five hundred for Vidhan
Sabha.
(Refer Section 34 (1) (a) (b) of Representation of People Act 1951)

Ans. A defeated candidate who fails to secure more than one-sixth of the valid
votes polled in the constituency will lose his security deposit
(Refer: section 158(4) of Representation of People Act. 1951.)

Only one
(Refer: Sec. 33 (1) of Representation of People Act, 1951)

Ans. Ten
(Refer: Proviso to Sec. 33(1) of Representation of People Act, 1951)

Ans. No
A person cannot contest from more than two constituencies at a general
election for Lok Sabha (House of People)/Vidhan Sabha (Legislative
Assembly)
(Refer: Section 33 (7) of Representation of People Act, 1951)

Ans. Yes
You cannot contest more than two bye-elections to the same House, if called
simultaneously by the Election Commission.
(Refer: Section 33 (7) of Representation of People Act, 1951)

Ans. Four
(Refer: Proviso to section 33 (6) of Representation of People Act, 1951)

Ans. No
The maximum number of vehicles that will be allowed to come within the
periphery of 100 mtrs. of Returning Officer’s office has been restricted to 3
and maximum number of persons that will be allowed to enter the office of
Returning Officer has been limited to 5 (including the candidate).

Ans. The candidate, his election agent, one Proposer and one other person (who can
be an advocate) duly authorized in writing by the candidate, but no other
person, may attend at the time fixed for scrutiny of nominations by Returning
Officer.
(Refer: Sec. 36 (1) of Representation of People Act, 1951)

Ans. Yes
The Returning Officer may adjourn the hearing of the objection till the next
day or the day after that but not beyond 11.00 a.m. on that day. The hearing
in any case should be completed by Returning Officer well before 3.00 p.m.
on the day fixed for withdrawal of candidatures.

Ans. Yes
(Refer: Article 84 (a) or Article 173 (a) of the Constitution, Section 4(a) of
Govt. of Union Territory Act, 1963 or section 4(a) Govt. of National Territory
of Delhi Act, 1991)

Ans. For any particular election, the authorized persons are, principally, the
Returning Officer and the Assistant Returning Officer for the constituency. In
the case of a candidate confined in a prison or under preventive detention, the
superintendent of the prison or commandant of the detention camp in which he
is so confined or is under such detention is authorized to administer the oath.
And in the case of a candidate confined to bed in a hospital or elsewhere
owing to illness or any other cause, the medical superintendent in charge of
the hospital or the medical practitioner attending on him is similarly
authorized. If a candidate is outside India, Indian Ambassador or High
Commissioner or diplomatic consular authorized by him can also administer
oath/affirmation.

Ans. The candidate, in person, is required to make the oath or affirmation
immediately after presenting his nomination papers and in any case not later
than the day previous to the date of the scrutiny.

Ans. Returning Officer
[Refer: The Election Symbols (Reservation and Allotment) Order, 1968]

Ans. For allotment of reserve symbol, the candidate has to declare in his
nomination form that he has been setup by the concerned recognized party and
has to submit prescribed declaration in Form B from the authorized office
bearer of the party to the effect that he has been setup by that party. The
declaration in Form B should be duly signed by the office bearer of the Party
whose specimen signatures have been communicated in Form –A subject to
condition that both the Forms have been delivered to Chief Electoral Officer
of the State and Returning Officer before 3 P.M on the last date of making
nominations.
[Refer: Paras 8 and 13 the Election Symbols (Reservation and Allotment)
Order, 1968.]

Ans. No
Forms A & Form B must bear the signatures in ink of authorized office bearer
of the political party.
[Refer: Para 13 the Election Symbols (Reservation and Allotment) Order,
1968.]

Ans. Yes
For the purpose, such candidate may choose 3 free symbols from the list, in
order of preference and mention the same in his nomination paper.
[Refer: Para 12 of the Election Symbols (Reservation and Allotment) Order,
1968.]

Ans. Yes
[Refer: Para 13 of the Election Symbols (Reservation and Allotment) Order,
1968.]

Ans. No
You can ply any number of vehicles (all mechanized/motorized vehicles
including 2 wheelers) for the purpose but you have to seek prior approval of
the Returning Officer for plying such vehicles and must display permit issued
by Returning Officer in original (not photocopy) prominently on the
windscreen of the Vehicle. The permit must bear the number of the vehicle
and name of the candidate in whose favour it is issued. The expenditure
incurred on this will be booked against you.

Ans. No
Such vehicle shall be deemed to be unauthorized by campaigning for the
candidate and may attract penal provisions of Chapter IX A of the Indian
Penal Code and shall therefore be immediately out of the campaigning
exercise.

Ans. You may display /carry one poster/placard/banner/flag of your party/or your
own on vehicle during the procession.

Ans. External modification of vehicles including fitting of Loudspeaker thereon,
would be subject to the provisions of the Motor Vehicles Act/Rules and any
other Local Act/Rules. Vehicles with modifications and special campaign
vehicles like Video Rath etc., can be used only after obtaining the requisite
permission from the competent authorities under the Motor Vehicles Act.

Ans. Yes
Such offices can not be opened by way of any encroachment either on public
or private property/ in any religious places or campus of such religious places/
contiguous to any educational institution / hospital / within 200 meters of an
existing polling station. Further, such offices can display only one party flag
and banner with party symbol/photographs and the size of the banner used in
such offices should not exceed ‘4 feet X 8 feet’ subject to the further condition
that if the local laws prescribe a lower size for banner / hoarding etc., then the
lower size prescribed by local law shall prevail.

Ans. You can not hold public meetings and processions during the period of 48
hours ending with the hour fixed for the conclusion of poll. Suppose, poll day
is 12th June 2009 (Friday) and hours of poll are from 8.00A.M to 5.00 P.M.,
the public meetings and processions shall be closed at 5.00 P.M on the 10th
June 2009 (Wednesday).
(Refer: Sec. 126 of Representation of People Act, 1951)

Ans. Yes
After the closure of campaign period(mentioned in answer to Q.6 above),
presence of political functionaries etc. who have been brought from outside
the constituency and who are not voters of the constituency should not
continue to remain present in the constituency. Such functionaries should
leave the constituency immediately after campaign period is over.

Ans. Yes
However, such restriction is not insisted upon during the general elections to
Lok Sabha/State Assembly only in respect of the office bearer who is incharge
of the State during the election period. Such office bearer shall declare
his place of stay in the State Headquarters and his movement during the period
in question shall remain confined normally between his party office and place
of his stay. The above restrictions will be applicable to all other functionaries
in all elections.

Ans. Yes. Video Teams are formed in constituency to record and videotape
critical events like meetings addressed/attended by Ministers, National/State
level leaders of political parties, violent incidents, etc.

Ans. Yes
However supply and distribution of main apparels like saree, shirt, etc. by
party/candidate is not permitted as it may amount to bribary of voters.

Ans Yes
A “VOTER ASSISTANCE BOOTH” is set up in premises/buidling location
where three or more polling stations are located with a proper signage manned
by a team of officials who are provided with lists of roll in alphabetical order
to assist the voters for locating their sl. no. in the roll and polling station.If
political party inform of their inability in advance , the District Election
Officer may consider making such arrangement in other areas too.

Ans. Election booth can be set up beyond a distance of 200 meters from the polling
stations, only with 1 table and 2 chairs with an umbrella or a piece of tarpaulin
or cloth to protect the two occupants with one banner (3 x 41/2 feet) to display
the name of the candidate/ party / election symbol at the booth. No crowed is
allowed.

Ans. Yes
It is necessary to obtain the written permission of the concerned Government
authorities or local authorities before setting up of such booths. Written
permission must be available with the persons manning the booth for
production before the police /election authorities concerned on demand.

Ans Yes
You shall not print or publish, or cause to be printed or published names of
any election pamphlet or poster which does not bear on its face and addresses
of the printer and the publisher thereof.
(Refer : Section 127A of Representation of 1951)

Ans. Yes:
Canvassing for votes etc. within a distance of one hundred meteres of polling
station is prohibited on the day of poll.
(Refer : Section 130 of Representation of 1951)

Ans. Yes
No person is allowed to go armed with arms as defined in Arms Act 1959 of
any kind within the neighborhood of a polling station on the day of poll.
(Refer: Section 134B of Representation of 1951)

Ans. Special voters, service voters, voters on election duty and electors subjected to
preventive detention are entitled to vote by post subject to their fulfilling the
requirements specified under the Rules.
( Refer: Rule 18 of Conduct of Elections Rules ,1961)

Ans. As an alternative option to postal ballot, service voters belonging to the Armed
Forces and members belonging to a Force to which provisions of the Army
Act applies, have been provided with a facility to opt to vote either through
proxy or through postal ballot papers.
(Refer: Section 60 of Representation of People Act,1951)

Ans. An officer/official of Central Govt./Public Sector undertakings of Central
Govt. working in the district is deployed as a Micro Observer at a polling
station or a group of polling stations located in a premises/building who works
directly under the control and supervision of Observer of Election
Commission of India.

Ans. Polling stations are short listed for the purpose on the basis of various factors
which contribute to vulnerability of voters.

Ans. The duties of Micro Observer are mainly to watch the following auspects:-
(i) Mock poll procedures,
(ii) Presence of polling agents and observance of ECI instructions
with regard to them,
(iii) Observance of entry pass system and access to polling station,
(iv) Proper identification of electors in accordance with ECI
guidelines,
(v) Identification and recording procedures for the absentee, shifted
and duplicate voters list (ASD list), wherever made,
(vi) Application of Indelible Ink,
(vii) Noting down particulars of electors in the register in Form 17A,
(viii) Maintenance of secrecy of voting,
(ix) Conduct of polling agents, their complaints,
If the Micro observer feels that the poll is, for any reason being vitiated he
will immediately bring it to the notice of the constituency Observer for
taking remedial action.

Ans. No
A candidate is not free to spend as much as he likes on his election. The law
prescribes that the total election expenditure shall not exceed the prescribed
maximum limit for the constituency concerned.
(Refer: Rule 90 of the Conduct of Election Rules, 1961 and Section 123 (6) of
Representation of People Act, 1951.)

Ans. The limit for election expenditure is revised from time to time. At present the
limit of expenditure for a parliamentary constituency in bigger states like U. P,
Bihar, Andhra Pradesh, Madhya Pradesh is Rs. 25 lakhs.
(Refer: Rule 90 of the Conduct of Election Rules, 1961)

Ans. At present, the limit of election expenditure for an assembly constituency in
the above bigger states is Rs. 10 lakhs.
(Refer: Rule 90 of the Conduct of Election Rules, 1961)

Ans. No
The maximum limits of election expenditure varies from State to State. The
lowest limit at present for a parliamentary constituency is Rs. 10 lakhs for the
constituency of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.
(Refer: Rule 90 of the Conduct of Election Rules, 1961)

Ans. Yes
Every candidate at an election to the House of the People or State Legislative
Assembly is required to keep, either by himself or by his election agent, a
separate and correct account of all expenditure in connection with the election
incurred or authorized by him or his election agent between the date on which
he has been nominated and the date of declaration of result, both dates
inclusive. Every contesting candidate has to lodge a true copy of the said
account within 30 days of result of the election.
(Refer : Sections 77 & 78 of the Representation of People Act, 1951)

Ans. The account of election expenses shall be lodged by a contesting candidate
with the District Election Officer of the district in which the constituency from
which he contested lies.
(Refer : Section 78 of the Representation of People Act, 1951)

Ans. If a candidate is contesting from more than one constituency, he has to lodge a
separate return of election expenses for every election which he has contested.
The election for each constituency is a separate election.
(Refer : Section 77 of the Representation of People Act, 1951)

Ans. If the Election Commission is satisfied that a person has failed to lodge an
account of election expenses within the time and in the manner required by or
under the Representation of People Act,1951 and he has no good reason or
justification for the failure, it has the power to disqualify him for a period of 3
years for being chosen as, and for being, a member of either House of
Parliament or the Legislative Assembly or Legislative Council of a State.
(Refer : Section 10A of the Representation of People Act, 1951)

Ans. Only in the case of expenditure on travel in respect of Star Campaigners
(leaders) of the Political Party who have submitted the list of such leaders (40
in the case of National and State parties and 20 in the case of registered
unrecognized party) within 7 days from the date of issue of notification to the
Election Commission and Chief Electoral Officer of the State concerned for
availing benefit is exempted, failing which such expenditure shall be treated as
an expenditure incurred/authorized by the concerned candidate of that party.
(Refer : Clause (a) of Explanation 1 to Section 77 of the Representation of
People Act, 1951)

Ans. No
(Refer: Section 77(1) of Representation of People Act, 1951)

Ans. No
Substituting a name from the list is permitted under the law only where any of
the persons mentioned in the list dies or ceases to be a member of the political
party concerned and not otherwise.
(Refer : Explanation 2 to Section 77(1) of Representation of People Act,
1951)

Ans. No
Such leader cannot be considered Star Campaigner (leader) of his political
party in his own constituency. In his own constituency, he is a candidate first.
The expenditure incurred by him within his constituency is to be booked
against his election expenditure.

Ans. Expenditure exceeding the amount of Rs.10/- incurred for promoting of
election without approval of the candidate is punishable.
(Refer: Section 171H of Indian Penal Code)

Ans. Yes.
(Refer: Section 77 of Representation of People Act, 1951)