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238. Election observers.—(1) The Commission, at its own motion or upon an application made in this behalf, may allow any domestic or international election observation organization to observe the process of conduct of election, having an access to polling station, counting of votes and consolidation of results. (2) No person shall be allowed to observe the process of conduct of election, if he— (a) is not accredited as an observer by the Commission or its authorized officer; (b) is affiliated with any political party; (c) fails to provide his full particulars and documents, including photographs, which may be required by the Commission; (d) has been involved in activities prejudicial to the peace and tranquillity of the people of a constituency; (e) fails to provide an authorization from the organization of which he is a member; and (f) has not obtained security clearance from the Government. (3) Every observer while observing the process of conduct of election shall display prominently a card of his identification issued to him by the Commission or an officer authorized by it. (4) Every observer or, as the case may be, organization may submit a report to the Commission highlighting the electoral irregularities which were noticed during observation relating to conduct of election, with recommendations, if any.

Effective date: 2017-10-02

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