169. Power to make rules.—(1) The Central Government may, after consulting the Election
Commission, by notification in the Official Gazette, make rules1
for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
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[(a) the form of affidavit under sub-section (2) of section 33A;]
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[(aa)] the duties of presiding officers and polling officers at polling stations;
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[(aaa) the form of contribution report;]
(b) the checking of voters by reference to the electoral roll;
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[(bb) the manner of allocation of equitable sharing of time on the cable television network and
other electronic media;]
(c) the manner in which votes are to be given both generally and in the case of illiterate voters or
voters under physical or other disability;
(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent
or any other person, who being an elector for a constituency is authorised or appointed for duty at a
polling station at which he is not entitled to vote;
(e) the procedure to be followed in respect of the tender of vote by a person representing himself
to be an elector after another person has voted as such elector;
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[(ee) the manner of giving and recording of votes by means of voting machines and the
procedure as to voting to be followed at polling stations where such machines are used;]
(f) the procedure as to voting to be followed at elections held in accordance with the system of
proportional representation by means of the single transferable vote;
(g) the scrutiny and counting of votes including cases in which a recount of the votes may be
made before the declaration of the result of the election;
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[(gg) the procedure as to counting of votes recorded by means of voting machines;]
(h) the safe custody of 6
[ballot boxes, voting machines], ballot papers and other election papers,
the period for which such papers shall be preserved and the inspection and production of such papers;
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[(hh) the material to be supplied by the Government to the candidates of recognised political
parties at any election to be held for the purposes of constituting the House of the People or the
Legislative Assembly of a State;]
(i) any other matter required to be prescribed by this Act.
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[(3) Every rule made under this Act shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or 9
[in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made,] the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to validity of anything previously done under the rule.]
1. See the Conduct of Election Rules, 1961.
2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002).
3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002).
4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003).
5. Ins. by Act 1 of 1989, s. 16 (w.e.f. 15-3-1989).
6. Subs. by s. 16, ibid., for “ballot boxes” (w.e.f. 15-3-1989).
7. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003).
8. Subs. by Act 40 of 1961, s. 29, for sub-section (3) (w.e.f. 20-9-1961).
9. Subs. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
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170. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction to question the
legality of any action taken or of any decision given by the returning officer or by any other person
appointed under this Act in connection with an election.
171. [Repeal of Act 39 of 1920.] Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and
the First Schedule (w.e.f. 17-9-1957).