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Part I - Details of Proxy Voting |
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STANDARD OPERATING PROCEDURE
ON PROXY VOTING BY SERVICE PERSONNEL
1. As per the enactment of the Election Laws Amendment Act 2003, service personnel are now eligible to exercise their franchise through proxy also. In this connection, the Standard Operating Procedure (SOP) to be followed by Service Personnel for enrolling them as proxy voter in the electoral roll is enclosed for guidance.
2. It is requested that the same may be disseminated to all concerned.
| Sd/- |
| (DJ Prasad) |
| Dy. Director |
| DPS(Coord) |
Authority
: Integrated Headquarters of Ministry of Defence
(Navy)
letter DPS/Coord/42
1. The armed forces personnel fall under the category of 'Service Voters' and are entitled to vote by postal ballot at their native place or as a general voter at their place of posting .In successive elections it has been observed that only a miniscule number of service personnel are registered as voters and only a very small percentage of service voters are able to exercise their franchise on timely receipt of their postal ballots. With reduction of campaigning period to 14 days the system of voting by postal ballots has become almost impractical for the service voters.
2. In order to ensure that service voters are able to exercise their franchise like any other citizen of the country the system of proxy voting has been introduced, The Election Law (Amendment) Act 2003 recently enacted by the Parliament has amended the Conduct of Election Rules 1961. It has introduced the system of proxy voting on the lines of the system followed in UK. This legislation has amended sections 04 and 60 of the People Representation Act 1951 and section 171(d) of IPC 1860. This provision has come in force w.e.f 22 September 2003 vide Min of Law & Justice Notification No. S.O. 903 (E) dated 05 Aug 2003. Since it is a new concept in the country it is essential that a comprehensive SOP is issued to facilitate proper execution by all eligible voters ensuring adequate safeguards to avoid misuse of this facility by unscrupulous elements
3. The aim of this SOP is to lay down a comprehensive procedure for exercise of voting by proxy by all eligible service voters.
4. The SOP is laid out in three parts as under (Click on links below to view SOPs):-
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Part I - Details of Proxy Voting |
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PART-I : DETAILS OF PROXY VOTING
Definitions.
5. Certain definitions which will be used are given below:-
(a) Service Voter. Service voter means any person specified in clause (a) of section 60 of the Representation of People Act 1951 and registered as an elector in the last part of electoral roll for the Constituency. In essence it means member of the Armed Forces of the Union or member of a Force to which the provisions of Army Act 1950 has been made applicable or member of an Armed Police Force of a State who is serving out side that State or person who is employed under the Govt. of India posted out side India. A service voter is entitled to vote either in person or by postal ballot or by proxy and not in any other manner in a constituency where he is registered as a service voter.
(b) Classified Service Voter (CSV). Any person as specified under clause (a) of Section 60 of the Representation of the People Act. 1951, who opts to give his vote by proxy, CSV includes a service voter as defined above.
(c) Proxy. Any person appointed by a CSV as his proxy under Rule 27N of Conduct of Election Rules 1961 to give vote on his behalf and in his name. Any person who is eligible to vote and is not disqualified for registration as an elector in an electoral roll under Section 16 of the Representation of the People Act, 1951 (43 of 1950) can be nominated as Proxy by filling up Form 13F. (Rule 27 N )lays down the qualification and procedure for appointment/revocation of the proxy by the (CSV).
(d) Substitute Proxy. When a CSV changes the proxy the changed proxy is known as Substitute Proxy. Substitute proxy will be effective from the date of receipt of Form 13G (as given at appex 'C' attached) by the Returning Officer and will continue to act as the Proxy of the CVS until his/her nomination is revoked by the CSV.
(e) Proxy Voting. The facility to exercise the right to franchise through a proxy as defined above through the electoral power of attorney.
(f) Electoral Power of Attorney (EPA). A document (Form 13F) which entitles a proxy nominated by a CSV to cast vote on his behalf and in his name. The EPA under these rules will be exercised by filling of Form 13F.
6. Benefits of Proxy Voting. The revised system of proxy voting is likely to provide the following benefits:-
(a) Exercise of Voting Right. All eligible service personnel will now be able to exercise their voting rights through their proxy which was so far denied to them.
(b) Financial Benefits. The expenditure incurred by exchequer on dispatch/return of postal ballots would be considerably reduced.
(c) Speedy Completion of Electoral Process. The process
of voting counting and declaration of results will be faster as vote will be
cast physically. Thus counting of ballot will be facilitated, resulting in
declaration of results quickly.
7. Eligibility
(a) Voter. An Armed Forces personnel who is above 18 yrs of age and who has not been disqualified for registration as an elector in an electoral roll under section 16 of representation of the people Act, 1950 is eligible to vote as CSV provided his /her name is not already registered as a general voter.
(b) Proxy. An Indian citizen over the age of 18 yrs and is an ordinary resident in the constituency concerned can be nominated as a proxy by the service personnel with his explicit consent in the form of signature obtained on Form 13 F, he can not vote as a proxy in the same constituency for more than two electors .He should not be disqualified for registration as an elector under section 16 of the Representation of the people Act 1950 .The appointment of proxy will be valid so long as the person making it continues to be a CSV or till the date he revokes such appointment or dies which ever is earlier .CSV may nominated a substitute proxy in case of death/revocation of the existing proxy.
8. Registration as a Voter. All the service voters and their wives have to register themselves as service voters by filling of Form 2(as per Appx 'D attached) These form are forwarded to the respective Record Office who in turn forward it to the respective DEOs/EROs after authentication. The DEOs/EROs after verification of these form enter the name of the service voter and their spouses in the last part of the electoral rolls and send an acknowledgement of this registration to the concerned Record office .
9. Preparation of Electoral Rolls & Assignment of Voter Number. The concerned DEOs/EROs will scrutinise the Form 2 forwarded by the Record Office and assign a unique voter number to every voter. The preparation/updation of last part of the electoral rolls is a continuous process. The detail of the registration would be forwarded by the concerned DEOs/ EROs to concerned Record Offices who in turn will inform the individual through his unit.
10. Authorisation/Nomination by Power of Attorney
(a) An eligible CSV may nominate any person as his proxy to vote on his behalf. He will be required to fill Form 13 F for nominating his proxy through Electro Power of Attorney after taking his proxy's willingness.
(b) The CSV who is in the field has the option to put the signature on Form 13 F before the Commanding Officer of the unit and then send the Form to his proxy for affixing his signature before a First Class Magistrate or Notary .Thereafter the proxy can submit the Form to the Returning Officer concerned. When the CSV is in his native place, he along with his proxy can sign the Form before First Class Magistrate or Notary.
(c) The nomination will be valid for the earliest election in the constituency after such appointment. If Form 13F is received after the last date of nomination such nomination will not be valid for the election in progress but shall be valid for future election in the constituency.
(d) For viewing flow chart giving process of registration of service voters and Nomination of proxy click here.
11. Action Taken by Returning Officer.
(a) On receipt of these forms the concerned Returning Officer will mark “CSV” against the name of such voter in the last part of the electoral rolls so as to indicate that the said voter has appointed his proxy and he shall ensure that no postal ballot paper is issued to such CSV, if the intimation is received before last date for filing nomination in the constituency. However, if the intimation is received after the last date for filing nominations, he will ensure that a postal ballot paper is issued to the CSV.
(b) The Returning Officer shall also prepare and maintained an up- to date, separate list of all CSV's who have given intimation of their proxies and of all such proxies with their complete addresses as specified by the Election Commission of India from time to time .He will also prepare Polling Station wise sub-lists of all CSV's and their proxies .These sub-lists will be added at the end of the Last Part of Electoral Roll.
12. Revocation of Proxy. Any appointment of proxy as stated above shall be deemed to be valid so long as the person making it continues to be a CSV or till the date he revokes such appointment, or dies, which ever is earlier. Any revocation of an appointment of proxy and nomination of a 'substitute proxy' shall be made in Form 13G and shall be effective from the date on which it is received by the Returning Officer.
13. Registration Procedure for Three Types of Voting.
(a) In Person. An armed forces personnel can register himself and vote as a general voter at his place of posting. He may register himself at the time house-to- house enumeration .Presently, this system s not being followed in the Army and all personnel are required to be registered as service voter in their native place. It needs to be ensured that no personnel get registered as a voter at more than one place which is an offence.
(b) Postal Ballot. An eligible voter can vote by postal ballot if he has registered himself as a service elector and has not nominated a proxy. A CSV cannot exercise voting right physically during leave in the constituency where he is domiciled, as his name will appear only in the last part of Electoral Roll.
(c) Proxy Voting. He can nominate an individual, as his proxy by filling up Form 13F to cast the vote on his behalf. The name of the proxy would appear along with the name of the CSV in a separate list prepared by the Returning Officer.
(d) Recording of Votes by proxy. A nominated proxy will vote in person at the polling station concerned in the Electoral Roll of which the name of such CSV is added. The proxy shall record the vote on behalf of the CSV at the permissible polling station in the same manner as any elector assigned to that polling station. The indelible ink mark will be placed on the left middle finger of the person voting as proxy under this rule.
14. Change of Qualifying Address. Any service voter
who wishes to change his qualifying address may do so by completing and
submitting a fresh
Form 2 (Click to
download Form-2)
along with Declaration where required. Each fresh declaration has the effect of canceling
the previous declaration but the latter will remain in force until the
publication of the new electoral roll.
PART III : ACTION AT VARIOUS LEVELS
15. Individual
(b) Nominate a person who is resident of the area covered by the constituency concerned, as his proxy by filling Form 13 F.
(c) He can change the appointed proxy by filling Form 13 G. In case of death, unwillingness/ disqualification of nominated proxy the CSV may nominate another person as "Substitute Proxy”.
(d) He should ensure that his name is registered only at one place. It is an offence to get registered in more than one constituency.
(e) Give suitable instructions to his proxy to cast vote on his behalf.
(f) He should be in possession of EPIC, when issued.
(g) On discharge from service he should ensure that his name is removed from the last part of electoral roll and he get registered as a general voter in house to house enumeration.
16. Unit/Command HQ
(a) Ensure Form 2 along with Declaration where required are forwarded to DOP in case of officers and CABS in case of sailors and acknowledgements received from the concerned DEOs/EROs through DOP/CABS.
(b) The CO cannot compel an individual to nominate a proxy, however, he can render suitable advice in this regard.
(c) Encourage and afford suitable opportunity to every personnel to exercise his franchise.
(d) Provide any other inputs to the concerned authorities as and when required.
17. PDOP(R&R)/PDPS (FOR OFFICERS)
(b) Monitor progress of receipt of acknowledgements from the concerned DEOs/EROs.
(c) Inform individual /unit about the registration as a voter and intimate their voter number.
(d) It will act as a link in authorisation of Electoral Power of Attorney after due authentication.
(e) Keep service record of the individuals updated including details of the proxies nominated by various CSVs.
18. CABS (FOR SAILORS)
(b) Formulate and issue guidelines to the environment through Command HQs and Record Officers.
(c) Monitor the process of nomination of proxy.
(d) Analyse the constraints and problems being faced at various levels and ensure their timely resolution.
(e) Review the system from time to time.
Safeguards to prevent Misuse of this Facility
19. It is quite possible that some unscrupulous /irresponsible elements may try to take advantage of this facility by misusing it. Hence it is necessary that suitable safeguards are built in the system to avoid its misuse. Some safeguards are given below:-
(a) Though legislation provides for nomination of any eligible voter in that constituency as proxy, however a proxy should be carefully selected. As far as possible only a blood relation in whom the voter has confidence should be nominated as a proxy, unless a CSV opts otherwise, as permitted in the law.
(b) The unit of all service voters is required to prepare a certificate (as per Appx 'G') to be retained in his service record.
(c) The photograph of the proxy duly authenticated by the CSV will be kept in the service record of the CSV.
Conclusion
20. System of proxy voting is a new concept introduced for the first time in the country's electoral process. It is but natural that this system will take some time to stablise and followed by all. This SOP lays down the basic framework for evolving an efficient system for exercise of proxy by CSVs. The Electoral process is highly dynamic and alive. Based on the further experience gain this SOP will be accordingly revised and updated.