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PROCEDUREFOR CONDUCT OF ENQUIRIES
IN REFERENCE CASES
THE ELECTION COMMISSION OF INDIA (PROCEDURE) FOR CONDUCT OF
ENQUIRIES IN REFERENCE CASES, 2016
In exercise of the powers conferred under section 146B of The Representation of the People Act, 1951 (43 of
1951) and all other powers thereunder enabling the Election Commission of India to regulate its own practice
and procedure, the Election Commission of India hereby lays down the following procedure to conduct
enquiries in the matter of References made from the President of India and the Governor of the states under
Articles 103 and 192 of the Constitution of India respectively, namely:-
CHAPTER 1 ______________________________________________________________________________
SHORT TITLE AND COMMENCEMENT
1. This procedure may be called the Election Commission of India (Procedure) for Conduct of Enquiries in
Reference Cases, 2016.
2. This procedure shall come into force on 15th day of December, 2016.
3. This procedure shall regulate the enquiries conducted by the Election Commission of India in matters of
References received from the President of India and Governor of the states thereby seeking its opinion on
the question of disqualification of the members of the Parliament and members of the Legislative
Assembly of States under the Constitution of India and The Representation of the People Act, 1951.
CHAPTER II ______________________________________________________________________________
4. In this procedure, unless the context otherwise requires:
(a) Act means The Representation of the People Act, 1951 (43 of 1951);
(b) Address for service means the address furnished by a party or its authorised agent or its legal
practitioner, at which service of dasti summons, notices or other processes may be effected;
(c) Agent means a person duly authorized by a party to present an application, written statement,
rejoinder or any other document on its behalf before the Commission;
(d) Code means Civil Procedure Code, 1908 (5 of 1908);
(e) Commission means Election Commission of India;
(f) Legal practitioner shall have the same meaning as that provided under section 2(1) (i) of the
Advocates Act, 1961 (25 of 1961);
(g) Party means aggrieved party and the respondent(s);
(h) Pleadings mean original applications/ petitions, counter, statements, rejoinders and other
(i) Registrar means Registrar as designated under clause 6.
(j) Registry means the Registry of the Commission.
(k) Procedure means The Election Commission of India (Procedure) for Conduct of Enquiries in
Reference Cases, 2016.
(l) Signature includes thumb impression, in case of illiterate person/s.
CHAPTER III ______________________________________________________________________________
5. Registry: There shall be a Registry of the Commission to deal with the References from the President of
India and Governor of the states.
6. Registrar: The Commission shall designate a Registrar of the Registry.
7. Functions of the Registry: The Registry with the prior approval of the Commission shall-
(a) Register references received from the President of India and the Governor of the states;
(b) Receive and register original applications, reply statements, rejoinders and all other miscellaneous
(c) Scrutinise the original application, reply statements, rejoinders and any other application as to
whether they are supported by duly sworn affidavits, if required;
(d) Issue notices for removal of objections, if any, in the original applications, reply statements,
rejoinders and any other applications;
(e) Scrutinise as to whether all applications are duly signed, in appropriate format, accompanied by the
necessary copies and are presented within the period prescribed for the same;
(f) Completion of service of any notice and pleadings;
(g) Maintain all records of the Commission;
(h) Perform any such other functions as the Commission may direct.
8. Powers and Functions of the Registrar: The Registrar with the prior approval of the Commission shall
conduct preliminary scrutiny of the matters where no urgent or interim orders of the commission are
sought and shall-
(a) Issue notices to the other side as given in Chapter V;
(b) Dispose of applications for amendment of original applications or reply statements by the parties;
(c) Dispose of applications for condonation of delay in filing pleadings or any other documents, as the
case may be.
9. Custody of Records: The Registry shall maintain the records of the Commission and no record or
document filed in any case or matter shall be allowed to be taken out of the custody of the Commission
without the leave of the Commission.
CHAPTER IV ______________________________________________________________________________
PROCEDURE FOR FILING
(a) The pleadings and all other documents shall be filed before the Commission by the party in person or
by his agent or by his duly authorised legal practitioner in the Registry.
(b) All pleadings and documents shall be received by the Registry only during the office hours on all
(c) The Registry shall immediately on receipt of a pleading, application or any other documents, affix the
date-stamp of the Commission in the following manner:
i. Date-stamp shall be affixed on all pages on the main/first copy and on the first page of every
ii. Receiving Clerk shall affix his initials on the stamp affixed on the first page of the main/first copy
and on the first page of all other copies.
iii. Registry shall on affixing the date-stamp, enter the details thereof in the Inward Register, Register
No. I and assign a Diary Number. The same Diary Number shall be entered immediately below
the date-stamp on the first page of the main/first copy and all other copies
(d) Each pleading and document shall be filed in the format as provided hereunder:
i. All documents including pleadings, affidavits and memorandums, shall be written and printed in
English or in Hindi with vernacular copy.
ii. All documents shall consist of paragraphs and pages numbered consecutively and shall be fairly
and legibly type- written, lithographed or printed on durable white foolscap folio paper of legal
size (8.5' x 14') on one side only.
iii. All documents shall be double spaced with the margin of 2 cm each on left and right side.
iv. All documents shall be duly paginated, indexed and stitched together in the paper book form.
(e) Soft copies of pleadings and documents may also be mailed to the Registry in the manner as
i. The official e-mail address of the Registry shall be __________
ii. All documents should be converted into .pdf format and sent to the official e-mail address of
the Registry. ( Photographs, if any, shall be in jpg format )
iii. Soft copies of all documents should be exact replica of their hard copies, as filed before the
iv. Each party should use only one e-mail address, which shall be made known to the Registry at the
first instance, for its further communication with the Commission.
v. The subject of every e-mail should be referred to as per the number of the case given by
Registry at the time of filing.
vi. The body of every e-mail should specify all the attachments with page numbers including the list
of documents being forwarded as evidence. If the party fails to specify the documents attached,
such document shall not be taken into record by the Registry.
11. Signing of the pleadings and documents:
(a) All pleadings, applications and any other documents, to be filed before the Commission, shall be
signed by the parties or their duly authorized representations and verified. The person verifying shall
specify by reference to the numbered paragraphs, what he verifies on his own knowledge and what
he verifies on information received and believed to be true. The verification shall be signed by the
person making it and shall state the date on which and the place at which it was signed.
(b) Where a pleading or document is purported to be filed by an Association, the person(s) who sign and
verify the same shall produce along with such document, for verification by the Registry, a true copy
of the resolution of the Association empowering such person(s) to do so:
Provided the Registrar with the prior approval of the Commission may at any time call upon the party
to produce such further materials as he deems fit for satisfying himself about due authorization.
12. Number of copies: A party shall submit six copies of any pleading and application, which the party
intends to file before the Commission.
13. Advance copies: The party intending to file any pleading or application before the Commission shall give
an advance copy of the same to the opposite party or parties and shall submit a declaration to this effect
while submitting it before the Commission under clause 12.
14. Procedure on production of defaced, torn or damaged documents: When any document produced