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  • 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.

    01

  • PROCEDURES

    (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.

    02

  • 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.

    PROCEDURES

    03

  • 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