ElectionCommissionofIndia

PROCEDUREFOR CONDUCT OF ENQUIRIES

IN REFERENCE CASES

2016

PROCEDURES

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 ______________________________________________________________________________

DEFINITIONS

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

applications;

(i) “Registrar” means Registrar as designated under clause 6.

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(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 ______________________________________________________________________________

REGISTRY

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

applications;

(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.

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CHAPTER IV ______________________________________________________________________________

PROCEDURE FOR FILING

10. 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

working days.

(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

other copy.

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

provided hereunder:

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

Registry.

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.

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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

appears to be defaced, torn, or in any way damaged or otherwise its condition or appearance requires

special notice, a mention regarding its condition and appearance shall be made by the party producing

the same in the Index of such a pleading and the same shall be verified and initialled by the Registry.

15. Marking of Documents: The documents filed by the applicant shall be marked as “A” series and the

documents filed by the respondent shall be marked as “R” series and the Commission exhibits shall be

marked as “C” series.

16. Arrangement of documents: The Registry shall maintain three files of each matter in the following

manner:

(a) File I shall contain complete pleadings of both sides.

(b) File II files shall contain documents submitted by each side.

(c) File III shall contain miscellaneous applications.

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CHAPTER V ______________________________________________________________________________

PROCEDURE FOR HEARING

17. Time to place matter before Commission:

(a) The Registry with the prior approval of the Commission shall place the petition before the Registrar

on the next working day but not later than four days excluding those petitions in which urgent /

interim orders are sought.

(b) The matters which are urgent or in which interim orders are sought shall be placed before the

Commission on the same working day but, in any case, not later than the next working day.

18. Service of notice:

(a) Every notice or other document, required by the Commission to be served on or delivered to any

party, may be sent by the Registrar by registered A/D or courier or through electronic medium in

terms of section 65B of Indian Evidence Act, 1872 (1 of 1872), to the party or its agent empowered to

accept service.

(b) The service shall be processed by the party after receiving it duly stamped from the Registry and he

shall submit the Service Report along with an Affidavit.

19. Notice to other party:

(a) The Registrar with the prior approval of the Commission shall also grant time to the opposite party for

filing the reply within stipulated period in the Registry and fix the date of hearing before the Registry.

(b) Upon service and appearance of the opposite party before the Registry, the pleadings shall be

completed within a time bound period of eight weeks but not later than ten weeks.

20. Completion of pleadings: The Registrar shall place the matter before the Commission after completion

of the pleadings for fixing the date of hearing.

21. Adjournment: The Commission may take up the matter on the date fixed for hearing and adjourn it for

further hearings.

22. Synopsis: The parties shall file written synopsis, consisting of brief facts, propositions of law and

judgments (if any), in the Registry before the matter is taken up for hearing.

23. Summons:

(a) This Procedure shall supplement the provisions of the Code of Civil Procedure, 1908 (5 of 1908)

relating to summons.

(b) The party applying for a summons shall, before the summons is granted and within a period to be

fixed by the Registrar with the prior approval of the Commission, pay the Commission such sum of

money as appears to the Registrar with the approval of the Commission to be sufficient to defray the

travelling and other expenses of the person summoned.

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(c) If the witness is summoned as a court witness the amount estimated by the Registrar shall be paid as

per the directions of the Commission.

(d) The aforesaid provisions would govern the payment of expenses to the interpreter, as deemed fit by

the Registrar with the approval of the Commission.

24. Interveners:

(a) Intervention application(s) shall be filed in accordance with Chapter IV of the Procedure.

(b) In cases where intervention is allowed by the Commission, the intervener(s) shall be entitled to

receive documents produced and relied upon by the parties, unless directed otherwise by the

Commission.

(c) The intervener(s) may make oral submissions with the leave of the Commission.

25. Savings: The Commission may decide to follow any procedure for hearing of the matters as per the

status of the pleadings and the case at the time of hearing.

CHAPTER VI ______________________________________________________________________________

EVIDENCE

Part I : Affidavit

26. Proof by affidavit: The Commission may at any time, for sufficient reason, order that any particular fact

or facts may be proved by affidavit.

27. Title of affidavit: Every affidavit shall be entitled “Before the Election Commission of India at New Delhi”

followed by the cause title of the Reference case in which the affidavit is sought to be used.

28. Form and contents of the affidavit:

(a) Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively.

(b) Every affidavit shall contain the full name, occupation, age, father's/mother's/ husband's name and

address of the deponent. The deponent shall be described with such other particulars as may be

necessary to identify him.

(c) Deponent shall affix his signature/mark on each page.

29. Corrections/erasures etc.: Corrections, erasures and interlineations shall be initialled by the attestor

and the number of corrections made on each page indicated.

30. Persons authorised to attest: Affidavits shall be sworn or affirmed before any Notary Public or Oath

Commissioner.

31. Affidavits of illiterate, blind etc.: Where an affidavit is sworn or affirmed by any person who appears to

be illiterate, blind or unacquainted with the language in which the affidavit is written, the attestor shall

certify that the affidavit was read, explained or translated by him or in his presence to the deponent and

that he seemed to understand it, and made his signature or mark in the presence of the attestor.

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32. Identification of deponent: If the deponent is not known to the attestor, his identity shall be testified by a

person known to him. The identifying person shall affix his signature in token thereof.

33. Annexures to the affidavit: The document(s) accompanying an affidavit shall be referred to therein as

“Annexure No.” The attestor shall make the following endorsement thereon:

“This is the document marked as Annexure No ______ in the Affidavit of __________________________”

(Signature)

Name & designationof the attestor with date

34. Verification: Deponent shall specify by reference to the numbered paragraphs, what he verifies on his

own knowledge and what he verifies on information received and believed by him to be true.

Part II : Discovery, Production and Return of documents

35. Procedure: Except otherwise provided hereunder, discovery, production and return of documents shall

be regulated by the provisions of the Code of Civil Procedure, 1908 (5 of 1908).

36. Application for discovery, production and return of documents:

(a) An application for notice to produce documents shall be on a plain legal size paper specifying:-

i. Case name and number;

ii. Name of party seeking the production or discovery of document(s);

iii. Document(s) production or discovery of which is sought;

iv. Relevance of the document(s);

v. In case where the production of a certified copy would serve the purpose, whether application

was made to the proper officer and the result thereof.

37. Notice to produce public documents: Notwithstanding anything contained in this Procedure, the

Commission may, on its own motion, issue notice for production of public documents or other

documents in the custody of a public officer.

38. Deposit for expenses:

(a) The Commission may direct the applicant to deposit by way of IPO/DD drawn in favour of the

Registrar a sum sufficient to cover the expenses for transmission of the records before the notice to

produce is issued.

(b) The transmission of the records shall ordinarily be by registered A/D post parcel.

39. Return of documents:

(a) Any person, whether a party or not, desirous of receiving back any document produced by him

before the Commission and placed on the record shall be entitled to receive back the same after

completion of the enquiry proceedings.

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(b) An application for return of document(s) shall be made to the Registrar specifying the authority to

claim the document(s).

(c) No such application shall be entertained after the destruction of the records.

(d) The Commission may, at any time direct return of documents produced subject to such conditions

as it deems fit.

Part III : Summoning and attendance of Witnesses

40. List of witnesses: On or before such date as the Commission may appoint, the parties shall present

before the Registrar a list of witnesses whom they propose to call either to give evidence or to produce

documents and obtain summonses to such persons for their attendance as per Annexure I.

41. Expenses of witness to be paid on applying for summons: The party applying for a summon shall,

before the summons is granted and within a period to be fixed which shall not be later than seven days

from the making of such application under clause 40, pay into Commission such sum of money as

appears to the Registrar with the prior approval of the Commission to be sufficient to defray the travelling

and other expenses of the person summoned for the hearing before the Commission for one day's

attendance.

Part IV : Examination of witness and Issue of Local Commissions

42. Procedure for examination of witnesses, issue of commissions: The provisions of Orders XVI and

XXVI of the Code of Civil Procedure, 1908 (5 of 1908) shall mutatis mutandis apply in the matter of

summoning and enforcing attendance of any person and examining him on oath and issuing

commission for the examination of witnesses or for production of documents.

43. Examination in camera: The Commission may, in its discretion, examine any witness in camera.

44. Appointment of amicus curiae:

(a) The Commission may appoint any lawyer of minimum 10 years standing as amicus curiae to assist it

in any matter as it may deem fit.

(b) The terms and conditions of payment to amicus curiae shall be governed by the fee structure to be

fixed by the Commission under special category.

45. Form of oath/affirmation to witness: Oath or affirmation shall be administered to a witness in the

following form:

“I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and

nothing but the truth.”

46. Lead witness: The Commission shall have power to decide who shall be the first witness out of the list of

witnesses submitted by the parties.

Provided that the petitioner/ complainant or the respondent shall be the lead witness to prove his case or

disapprove the case set up by the opposite party.

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47. Officer to administer oath: The oath or affirmation shall be administered by any person authorised by

the Commission.

48. Form for recording of deposition:

(a) The deposition of a witness shall be recorded in Annexure II.

(b) Each page of the deposition shall be signed by the witness and initialled by Commission.

(c) Corrections if any, pointed out by the witness may, if the Commission is satisfied, be carried out and

duly initialled by the witness. If not satisfied, a note to that effect be appended at the bottom of the

deposition.

49. Numbering of witnesses: The witnesses called by the applicant/petitioner shall be numbered

consecutively as “PW No.” and those by the respondent as “RW No.”

50. Discharge of witness: Witness after the deposition shall be discharged by the Commission if the

deposition is completed and is not required for any further evidence.

51. Taking of specimen handwriting, signature, etc.: The Commission may, if necessary, take specimen of

the handwriting, signature or finger print of any witness examined before it.

Part IV : Inspection and Copying

52. Inspection of records:

(a) The parties to any case or their counsel may be allowed to inspect the record of the case on making

an application in writing to the Registrar.

(b) An inspection shall be allowed only in the presence of the Registrar or an officer of the Registry duly

authorised by him.

53. Copying: A party to a proceeding before the Commission shall be entitled to apply for and receive

certified copies of pleadings, applications, orders, deposition of witnesses made or any other document

exhibited or on record in the said proceeding, subject to payment of fees at the rate of Rs. 1.50 per page.

CHAPTER V ______________________________________________________________________________

AMENDMENT

54. Amendment: The Commission shall have powers to amend, alter, add or delete any provision in this

procedure as it may deem fit at any stage.

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PROCEDURES

ELECTION COMMISSION OF INDIAAPPLICATION FOR ISSUE OF SUMMONS TO WITNESS

CASE NAME AND NUMBER

Name of the Party:

Date fixed for Hearing:

Number of witnesses to be summoned:

Sl.

No

Name of

person

to be

summoned

Full

address

Rank or

Occupation

Whether

the witness

Facts sought

to be proved

by the evidence

of the person

Documents sought

to be proved by

the evidence

of the person

Distance of residencefrom place of hearing

Cash paid for

Rail RoadTravellingexpenses

Dietexpenses

WITNESSES REQUIRED TO BE EXAMINED ON COMMISSION

WITNESSES REQUIRED TO BE PROVED DOCUMENTS ONLY, AND WHO ARE NOT REQUIRED TO GIVE ORAL EVIDENCE

WITNESSES REQUIRED TO GIVE ORAL EVIDENCE AND ALSO TO PRODUCE DOCUMENTS

WITNESSES REQUIRED TO GIVE ORAL EVIDENCE BUT FROM NO DOCUMENTS ARE REQUIRED TO BE PROVED

PART A

PART B

PART D

PART C

1.

2.

3.

4.

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ANNEXURE IIELECTION COMMISSION OF INDIA

CASE NAME AND NUMBER

Deposition of PW No: ____ or RW No: ____

1. Full Name : ________________________________________________

2. Father's/ Husband's Name : ________________________________________________

3. Mother's Name : ________________________________________________

4. Age : ________________________________________________

5. Occupation : ________________________________________________

6. Permanent Address : ________________________________________________

________________________________________________

7. Place of Residence (complete address) : ________________________________________________

________________________________________________

8. Name of the Officer administering the oath/affirmation : ________________________________________________

9. Name of the Interpreter, if any, duly sworn/solemnly affirmed : ________________________________________________

Duly sworn/solemnly affirmedDate: ___/____/_______

Examination-in-chiefBy: ______________________________________Cross-examinationBy: ______________________________________Re- Examination, if anyBy: ______________________________________

(Signature of the witness on each page)

Statement was read over/translated to the witness who admitted it to be correct.

Commission Member

Signature: Date: ___/____/_______

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