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Training of SLMTs Office of the Chief Electoral Officer West Bengal

This training provides instructions for filing nominations and affidavits for candidates in the West Bengal Legislative Assembly elections, including amendments in Form-2A and Form-26. It covers the changes related to stamp size photographs, declaration on citizenship, criminal cases, assets, liabilities, educational qualifications, and sources of income. The training also includes important instructions regarding the Supreme Court's judgment on candidates with criminal antecedents.

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Training of SLMTs Office of the Chief Electoral Officer West Bengal

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  1. Training of SLMTsOffice of the Chief Electoral Officer West Bengal

  2. From Nomination to Symbol Allotment

  3. New Instructions after General Elections to WBLA 2016

  4. 1.Amendments in Form-2A for Nomination (ECI instruction No.3/ER/ECI/LET/FUNC/JUD/SDR/Vol.V/2017 dated 26th April, 2017) 1. Stamp size photograph to be affixed. 2. Part III – Declaration on Citizenship 3. Part IIIA – • Existing paragraph shall be numbered as sub-paragraph (1); • after the sub-paragraph (1) as so numbered, the sub-paragraphs (2) to (9) shall be inserted

  5. 2.Amendments in Form-26 for Affidavit [ECI Instruction no.3/4/2017/SDR/Vol.IIDated: 10th October, 2018] • The candidates at all elections are required to file affidavit in Form-26, along with nomination paper, declaring information about criminal cases, assets, liabilities and educational qualifications. • Form-26 has now been amended vide Ministry of Law & Justice Notification No. H.11019(4)/2018-Leg.ll, dated 10th October, 2018.2,

  6. Amendments in Form-26 for Affidavit In Form 26 of the principal rules –in PART A- (I) for paragraphs (5) and (6) the following paragraphs shall be substituted, namely:- (5) Pending criminal cases– (6) Cases of conviction- (6A) “I have given full and up-to-date information to my political party about all pending criminal cases against me and about all cases of conviction as given in paragraphs (5) and (6)” (II) In paragraph (7), under the heading A. "Details of movable assets" for "Note 4", the Note shall be substituted.

  7. Amendments in Form-26 for Affidavit (III) The provisions for the additional affidavit in respect of dues against Govt. accommodation, if any, that may have been allotted to the candidates, have now been incorporated in Form-26 itself under Item (8) relating to liabilities to Public Financial Institutions and Govt. • Accordingly, the candidates are now not required to file the additional affidavit prescribed under the Commission's Order No. 509/11/2004-JS-I, dated 3rd February, 2016, as the provisions are now part of Form-26 itself.

  8. Amendments in Form-26 for Affidavit (IV) After paragraph (9) the following paragraphs shall be inserted, namely:- (9A) Details of sources of income: (a) Self ----------------------- (b) Spouse -------------------- (c) Source of income. if any, of dependents- (9B) Contracts with appropriate Government and any public company or companies-

  9. Amendments in Form-26 for Affidavit Para 3 substituted by – My contact telephone number(s) is/are .........and my email id (if any) is ……………………………and my social media account(s) (if any) is/are (i)……………………………(ii)………………….………………..(iii)…………..……….......... In PART - B. in paragraph II against serial number 5 and 6, for the entries under column 2 the entries shall be substituted.

  10. 3. Important Instructions in view of the Supreme Court's Judgment on the petition regarding people with criminal antecedents contesting elections • Candidates at elections to the House of the People, Council of States or Legislative Assembly who have criminal cases against them - either pending cases or cases in which candidate has been convicted, shall publish a declaration about such cases, for wide publicity, in newspapers with wide circulation in the constituency area. • This declaration is to be published in Format C-1, at least on three different dates from the day following the last date for withdrawal of candidatures and upto two days before the date of poll.

  11. The matter should be published in font size of at least 12 and should be placed suitably in the newspapers so that the directions for wide publicity are complied with in letter and spirit. • Illustration: If the last date for withdrawal is 10th of the Month and poll is on 24th of the Month, the publishing of declaration shall be done between 11th and 22nd of that Month.

  12. All such candidates are also required to publish the declaration on TV channels on three different dates during the said period. • But, in the case of the declaration in TV Channels, the same should be completed before the period of 48 hours ending with the hour fixed for conclusion of poll.

  13. In the case of all candidates who have criminal cases as per the declarations in Items 5 and 6 of Form-26, the Returning Officer shall give a written reminder for publishing declaration about the criminal cases in newspapers and TV channels for wide publicity. • A standard format for such reminder to the candidates is in Format C-3. • The candidates shall submit the copies of newspapers in which their declaration in this regard was published to the District Election Officer, along with their account of election expenses.

  14. In the case of candidates with criminal cases set up by political parties, whether recognized parties or registered un-recognized parties, such candidates are required to declare before the Returning Officer concerned that they have informed their political party about the criminal cases against them. • Provision for such declaration has been made in Form-26 in the newly inserted item (6A).

  15. The Political Parties, which set up candidates with criminal cases, are required to publish declaration giving details in this regard on their website as well as in TV channels and newspapers having wide circulation in the State concerned. This declaration by political parties is to be published in Format C-2. • Publishing of the declaration in newspapers and TV channels is required to be done atleast on three different dates during the said period and to be completed before the period of 48 hours ending with the hour fixed for conclusion of poll for the election.

  16. All such political parties shall submit a report to the Chief Electoral Officer of the State concerned enclosing therewith the paper cuttings containing the declarations. • This shall be done within 30 days of completion of election. • Thereafter, within the next 15 days, the Chief Electoral Officer should submit a report to the Commission confirming compliance by the parties concerned, and pointing out cases of defaulters, if any.

  17. 4. Information on Social Media Account in Affidavit in Form-26 (ECI instruction No. 4/ECI/LET/FUNC/JUD/SDR/Vol.I/2017 dated 22nd June, 2017) • If a candidate does not have any or all of the information pertaining to phone no., email id, social media accounts he/she should write ‘Nil’ in the relevant columns of Form 26. If these columns are left blank, action should be taken to ask the candidate to file fresh affidavit with all columns filled up and complete in all respects.

  18. 5. Clarification on Affidavit in Form- 26 – Use of the term “Not Known” (ECI instruction No. 576/3/2017-SDRdated 26th July, 2017) • It would be open to a candidate to make the entry 'Not Known' also in appropriate cases in Form 26, in addition to the options 'Nil' and 'Not Applicable‘ 6. Affidavit in Form 26 & Affidavit in support of account of election expenses- Signature thereon (ECI instruction No. 3/ER/ECI/LET/FUNC/JUD/SDR/Vol.IV/2017dated 16th October, 2017) • Each page of the Affidavits should be signed by the deponent concerned. • In addition, the affidavits should bear on each page the stamp of the Notary/Oath Commissioner/Magistrate before whom the Affidavit is sworn.

  19. 7. Uploading of Affidavits of candidates on the website. (ECI instruction No 576/3/2018/SDR dated 16th April, 2018) • The Affidavits in Form 26 is to be uploaded on the website • In cases where columns are left blank in the affidavit and notice is issued by the RO for filing fresh and complete affidavit, the incomplete affidavit may also be uploaded on the website with a note indicating that the affidavit is incomplete and the candidate has been issued notice • If and when the candidate files affidavit subsequently, the same should also be uploaded on the website immediately on the same day.

  20. 8. Period of retention of the Affidavits in Form 26 and the Nomination papers filed by the candidates. (ECI instruction No 3/ER/ECI/LET/FUNC/JUD/SDR/2016 dated 18th August, 2016) • Nomination Papers and Affidavits (Form 26)- To retain for a period of 06 (six) years after the completion of elections or till disposal of election petition, if any, or any other suit/petition in any court in which any of the declarations made in any of these documents is under challenge. • All the supporting documents filed by the candidates along with their nomination papers shall also be likewise retained for the same period.

  21. 9. Clarification regarding Form A Form B (ECI instruction No. 56/2016/PPS-II Dated 30th June, 2016) • By this order it is reiterated that it is the responsibility of the party/candidates concerned to submit Form A to CEO and Forms A and B to the Returning Officers. • It is not the responsibility of the CEO to forward Form A to ROs. • Unless and until both the two Forms A and B are submitted to the respective ROs as per the statutory requirements, the candidates concerned shall not be treated as candidates set up by the party.

  22. 10.Receiving of nomination forms on holidays (ECI instruction No. 4/ECULET/FUNC/JUD/SDR/VOL.I/2016 Dated: 29th December, 2016) • Returning Officers should not receive any nomination papers on 2nd and 4th Saturdays, which have been declared as holidays under the Negotiable Instrument Act, 1881 by the Finance Ministry.

  23. ECI instruction No.509/Misc/ECI/CIRCULAR/FUNC/ JUD/ RCC/2017, dated 13th February, 2017) 11.Guidelines for consideration of complaints for rejection of nomination papers on grounds of disqualification u/s 9A of RP Act, 1951 (Disqualification for Govt. contracts etc.) 9A. Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government. Explanation.—For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.

  24. 12.List of contesting candidates in Form 7A- displaying therein photographs of candidates against their names (ECI instruction No. 576/3/2017/SDR/ Dated: 18th October, 2017) • The Commission has now directed that, henceforth, photographs of candidates shall also be printed against their names in the list of contesting candidates in Form- 7A, as the case may be. Thus, the copy of the said forms to be supplied to each contesting candidate should contain the photographs of the candidates. The same format with photographs of candidates shall be used for publishing of the Form in the Gazette as well as for displaying copies thereof in the polling stations. • It has also been clarified that since Form 7 A denotes list of contesting candidates, 'NOTA'is not to be printed therein.

  25. 13.Movement of vehicle during nomination(ECI instruction No. 437/6/Campaign/ECl/INST/FUNCT/MCC-2016 Dated: 4th January, 2017) • As per instruction of ECI, only three vehicles are allowed, within the periphery of 100 meters of ROs office at the time of nomination. • Now the periphery of 100 meters should be clearly demarcated by RO/DEO. • It is also directed that only one door shall be kept open for entry of candidate+ 4 other authorized persons and all other doors should be closed. • A CCTV camera should be placed at the entry door to record actual time of entry.

  26. Preparedness for Nomination process • Selection of one ARO and a team of Assistants. • Training of the team. • Availability of Electoral Roll with latest Supplements and other statutory forms/orders/registers. • Availability of stationary articles with the team . • Identification of a suitable place in the RO’s office where nomination will be taken and signage thereof. • Holding meeting with all political parties on schedule and various tenets of nomination including order on vehicular restriction submission of Affidavit, opening of bank account , Forms A & B, submission of photos etc. • Holding meeting with police on security aspects

  27. Arrangement for videography for the whole event. • Arrangement for scanning and uploading of Affidavits to website. • Arrangement for taking deposit, availability of DCR book . Points to be stressed upon: • Only 4 persons can enter in the office of RO other than the candidate. • Upto 3 vehicles will be allowed within 100 M of RO’s office.

  28. Materials to be kept with RO for taking nominations • Up-dated list of reserve and free symbols with Facsimiles. • Up-dated authenticated set of electoral rolls of the AC. • List of disqualified persons, u/s 8A, 9 and 10-A of RP Act, 1951. • Statutory forms – Form-1, 2A, 3A, 4, 5, 6, 7A, Form26, Form-A & B, Oath Form. • Other forms memos, circulars etc., which shall be given to candidates at the time of nominations – a. Proforma of checklist b. Memos on maintenance of election expenses-Annexure XVIIA/B/C/D/E c. Notice on printing of pamphlets etc. d. Notice on penal provisions

  29. Register to enter nomination papers. • Form of consolidated list of nominated candidates • Notice for allotment of Symbol • Format for specimen signature and address • Format for spelling in Ballot Paper • RO's seal (brass and rubber both) • Cashier with cash receipt book to receive security deposits. xiii. Notice on non-submission of bank account no xiv. Notice on non-submission of photograph xv. Notice in C-3 on publication of declaration by candidate on criminal antecedents

  30. Nomination • Filing of nomination starts on the date of notification by the President/Governor under Section 14/15 of the R.P. Act, 51. • RO to issue public notice of election (under S. 31) in Form -1 (appended to CE Rules, 61) • Public notice has to be under the signature of the RO only. No other authority can issue this public notice.

  31. Case where the election notification was rescinded on account of improper public Notice. • In a bye-election to the LokSabha in Uttar Pradesh, the Public Notice was issued by the DM whereas the ADM was the RO. When this error was noticed, the ECI cancelled the election notification and issued a fresh notification subsequently.

  32. Public Notice- Particulars to be specified [in Form 1] • Specify the election. • Mention the place at which nominations are to be filed (normally at the headquarters of RO) . • Specify the ARO who will receive nomination paper in addition to RO. In normal circumstances, only one ARO should be so specified. • Mention the last date of filing nomination, date, time and place of scrutiny, withdrawal and date & hours of poll.

  33. Public Notice-Publishing • Public notice to be published in the morning of the date of notification well before 11 AM (time for commencement of nomination filing) • Notice shall be in English and the official language of the State. • To be displayed on the notice board of RO, AROs and in other prominent public offices ( O/o Panchayat Samiti, Gram Panchayat, etc.)

  34. Requirements for valid nomination [Sec. 33(1)] • Form of nomination paper – Form 2A for LokSabha and Form 2B for Leg. Assembly. • To be presented before RO/ specified ARO only. • Can only be filed at the place mentioned in the public notice. • Can be filed only between 11 AM and 3 PM during the period for filing as per schedule notified by ECI u/s 30 of RP Act, 51.

  35. Requirements for valid nomination • Nomination can be filed only by candidate or any of the proposers. • Cannot be sent by post or filed through any other person. • To be filed only at the prescribed place(s). • Nomination to be signed by the candidate and the prescribed number of proposers. • Can not be filed on a public holiday (under NI Act).

  36. Proposers • One proposer enough for candidates of a recognized National or State Party. • Recognized Party means one of the National Parties or one of the recognized State Parties of the State concerned. • 10 proposers required for all other candidates- even for recognized State Parties of other States. • Proposers should be electors of the constituency concerned.

  37. Proposers (contd..) • Under rule 2 (2) of C.E. Rules, 1961, in case of proposers who are illiterate persons, their thumb Impression has to be attested by the RO or an officer authorized by ECI. • Therefore, Thumb Impression has to be affixed in the presence of the RO or the authorized officer (an Administrative Officer not below the rank of SDO has been authorized for the purpose by ECI) .

  38. Nomination…… contd. • For reserved constituencies, candidates have to give a declaration specifying the caste/tribe to which he/she belongs. Such caste/tribe should be included in the list of SC/ST in that State [Sec.33 (2)] . • It is desirable to obtain certificate to prove SC/ST status. • Certificate should be of a reasonably recent date.

  39. Nomination…… contd. • For a person dismissed from an office under govt. of India/any State Govt., to contest election within 5 years of dismissal, has to submit along with nomination paper, a certificate from ECI stating that the dismissal was not on account of corruption or disloyalty to State. [S. 33(3)]

  40. Certified copy of electoral roll • The candidate may be elector of a different constituency. • In that case, certified extract of entries in the relevant roll to be submitted –[S.33(5)] • If not filed with nomination, this can be filed by the time of scrutiny • In that case, RO to give a notice - in the check-list in the format given in Handbook.

  41. Affidavit by candidate • Candidate is required to file affidavit in Form-26 (as revised w.e.f. 10.10.2018). • Affidavit to be sworn before notary public/oath commissioner/magistrate of the first class. • Affidavit to be typed or written legibly and no columns to be left blank. • If not filed with nomination, affidavit can be filed till 3 PM on last date of filing nomination. • In that case notice to be given (as per check list).

  42. Check List Check List of documents in connection with filing of nomination Name of constituency : ….……………………………………….. Name of the candidate : ………………………………………… Date and time of filing nomination paper: ……………… Sl.No. of nomination paper : …………………………………

  43. Check List Contd..

  44. Check List Contd..

  45. Check List Contd..

  46. Check List Contd.. • The following documents which have not been filed should be filed as indicated below: (a) ……………should be filed latest by………………. (b) Above mentioned columns in the Affidavit in Form 26 have been left blank. You must submit a fresh Affidavit with all columns dully filled up before the commencement of scrutiny of nominations, failing which the nomination paper will be liable to be rejected ………… should be filed latest by (c)………….. Received: …………………………. …………………………… (Signature of candidate) Signature of RO/ARO Date & Time : Place:

  47. Check List Contd.. N.B.: 1. The Affidavit and Forms A&B have to be filed latest by 3.00 P.M. on the last date of filing nominations. 2. The nomination paper will be rejected if a candidate fails to fill the blanks in Form 26 even after reminder by RO by the hour fixed for scrutiny of nomination paper 3. Oath has to be taken after filing nomination paper and before the date fixed for scrutiny. 4. Certified extract of electoral roll can be filed upto the time of scrutiny. 5. Security deposit should be made either before filing of nomination paper or at the time of filing of nomination paper. Therefore, there is no question of issuing notice for making the security deposit.

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