Stale and defective citations in the official sources — a single register
Rajasthan ULB General Election 2026 · for the DLMT
Why this file exists. Working through every rule, form and annexure first-hand threw up a recurring pattern: the Commission's own printed material sometimes cites law that no longer exists, or cites the wrong provision. Each finding is recorded in its own module — but a trainer standing in front of a class needs them in one place, because these are exactly the questions a sharp trainee or an agent asks.
⚠️ This is NOT a list of mistakes in our training material. In every case below our material quotes the source faithfully. The defect is upstream. Where our own rendering was wrong, it is corrected in the module concerned and marked with ✏️ there — not here.
Every entry below was read first-hand from the page image or the Manual's text. Compiled 23.08.2026.
How to use this register
| Class | Meaning | What you do |
|---|---|---|
| 🔴 Conflict | the source tells you to do something the rule forbids | follow the rule · get it in writing from the DEO |
| 🟠 Repealed / deleted | the instruction is sound, but it cites law that no longer exists | do the same thing, cite the current provision |
| 🟡 Wrong cross-reference | it points at the wrong section/item number | cite the right one — nothing else changes |
| ⚪ Typo / print | a spelling or printing slip | nothing — do not "correct" an official form |
🚨 The golden rule for the classroom. For 🟠 🟡 ⚪ you can simply explain it. For 🔴 you must NOT contradict the Margdarsika single-handed — go in with a written answer from the DEO.
🔴 Class 1 — Substantive conflicts (these change what you do)
1.1 The ₹2 challenge deposit — when is it forfeited?
| Source | Forfeited when |
|---|---|
| Margdarsika Ch.6(2) para 3 (printed p. 44) | "if the challenge is found correct" |
| Rule 43(5) | "if … the challenge is frivolous or has not been made in good faith … and in any other case, he shall return the deposit" |
In the commonest case they point opposite ways. If the challenge is established — the person really was an impostor — the Margdarsika says forfeit, the rule says return, because such a challenge is plainly neither frivolous nor in bad faith.
Why the rule governs: rule 43 is not in rule 77-A's list of exceptions, so it applies unchanged at an EVM poll; a Margdarsika is guidance, not law. 🔴 And the Commission's own Annexure-13 counterfoil cites "under rule 43(5)" — its receipt book is built on the rule.
➡ Full treatment: EVM/en 07 §2.3-A · DLMT Item 1-AN 🚨 Action: written clarification from the DEO before the training.
1.2 Annexure-4 of order 1418 — "the number of posts is two"
The instruction sheet sent to a detained voter says at item (a) "the number of posts to be filled is two; you have to give only one vote for each post" — while item (c) of the same sheet says voting for more than one candidate gets the ballot rejected.
Form 16-D, order 1891 and the one-ward-one-member structure all give the voter one vote, and 🔴 the proviso to rule 64-A makes Form 16-D's directions the test — so a voter who follows (a) literally must be rejected, with no discretion in the RO.
⚠️ Annexure-4 is a template shared with multi-post Panchayat elections; the "two" may be a residue of that. It is not being called an error — but it should reach the DEO before the annexure is printed.
➡ EVM/en 07 §9 · Counting/en §9.4-B
🟠 Class 2 — Repealed or deleted law cited (the instruction stands; the citation is stale)
| # | Source | What it cites | The current position |
|---|---|---|---|
| 2.1 | Annexure-9 — complaint letter to the SHO | IPC 1860, s.171-F — a repealed Code | BNS ss.172 / 174 — and the Commission's own order 5310 dt 30.07.2026 says exactly that |
| 2.2 | Annexure-10 — the elector's declaration as to age | Rajasthan Municipalities Act, 1959, s.15 — a repealed Act | Act 2009, s.15 — ✅ the section number is unchanged, only the year is wrong |
| 2.3 | Form 14-C, item 3 | "under rule 45-A" | 🔴 rule 45-A stands deleted (1[XXX 45-A deleted], Chapter III-A). The rule reference is a label, not an instruction — item 3 still takes the "No Vote" figure |
| 2.4 | Rule 55(5)'s applied-rule list | includes "45 क" | the same deleted rule — a stale entry in the rule's own list |
✅ Why 2.3 and 2.4 are harmless in practice. Rule 45 was "Spoilt and returned ballot papers"; an EVM has no spoilt ballot paper to hand back, so the EVM counterpart was rightly deleted. What survived is a form label. The arithmetic is untouched — item 5 = item 2 − item 3 − item 4.
➡ 2.1 → EVM/en 07 §2.2-A · 2.2 → EVM/en 10 §2-B ➡ 2.3 / 2.4 → EVM/en 08 §1.1 · DLMT Item 1-AM
🟡 Class 3 — Wrong cross-references (cite the right provision; nothing else changes)
| # | Source | What it says | What is correct |
|---|---|---|---|
| 3.1 | Margdarsika Ch.12, item 7 | "section 133 read with section 125(5)" | Annexure-2's own text of s.133 says "clause (5) of section 123" → cite s.123(5) |
| 3.2 | Order 1891, item (5) | for >9 candidates, "item no. 13 of order 572" | 572's columns rule is item 11; item 13 is the alphabetical-order rule. ⚠️ Our BALLOT_PRINTING quotes 1891 faithfully — the slip is between two Commission orders |
| 3.3 | Rule 59 | "Subject to the provision of rule 77" | rule 77 is "Printing and clerical errors in electoral rolls" — it does not fit. The operative requirement (the DEO's previous approval) is plain; take no action |
| 3.4 | Rule 58(4) | "the second copy of his appointment under sub-rule (2)" | the duplicate is provided by 58(3) |
| 3.5 | Rule 58(6) | "a fresh appointment in accordance with sub-rule (2)" | the appointment power is 58(1) |
| 3.6 | Margdarsika Ch.10(4) item 6 | omits 37-B and 45-A from rule 55(5)'s list | the rule's own text includes them — the complete list is the law |
| 3.7 | Margdarsika Ch.7 vs Ch.2 | Ch.7 cites rule 35(3)(b) for indelible ink; Ch.2 cites 35-A(2) | under rule 77-A, where an EVM is used rule 35 is displaced and 35-A applies |
| 3.8 | Margdarsika Ch.2(3) item 8 vs Annexure-7 | Ch.2(3)8 sends the periodic Total-vs-register entry to diary "item no. 19" (printed p.7) | in that same Annexure-7, item 19 is the count of blind voters; the time-slab entry for votes polled is item 21 (10 am · 1 pm · 3 pm · close), and the machine figure is item 11.4 |
➡ 3.1 → EVM/en 09 §10 · 3.2 → BALLOT_PRINTING §B.5-क ➡ 3.3–3.5 → Counting/en §6.7 and the rule map · 3.6 → EVM/en 09 §9
⚪ Class 4 — Typographical and printing slips (no action — do not "correct" an official form)
| Source | As printed | Intended |
|---|---|---|
| Rule 74-A(1)(b) | "weather valid, rejected or cancelled" | whether |
| Rule 35-A(2)(b) | "be constructed as a reference" | construed |
| Rule 35-A(2)(a) | "indelible inka;s" | ink |
| Annexure-5 (layout) | "ENTERENCE" | ENTRANCE |
| Form 16-D heading | "46क(4)(?k)" — corrupt sub-clause letter | rule 46-A(4) |
ℹ️ Class 5 — Incomplete extracts (the statement is valid; only the extract-set is short)
| Source | What is missing |
|---|---|
| Annexure-2 | Section 28 lists 19 sections of the RP Act 1951, but Annexure-2 does not print the text of s.135-B (paid holiday) or s.135-C (liquor in the 48 hours) — although Ch.12 items 13 and 14 rest on them. The Commission's statement is its own and is valid. |
🚨 The two that need the DEO — in writing, before the training
| # | Question to put | Why it cannot wait |
|---|---|---|
| 1 | Rule 43(5) vs Margdarsika Ch.6(2) para 3 — on what ground is the ₹2 forfeited? | A PRO following the Margdarsika forfeits the deposit of a challenger who was right. It creates a money trail and an audit record. |
| 2 | Annexure-4 of order 1418, item (a) — "two posts" | The sheet goes into a detained voter's hands. If he marks two, rule 64-A's proviso makes rejection mandatory — a valid vote dies. |
What this register is not
- It is not a criticism of the Commission. Consolidated election material carries decades of amendment; stale cross-references are the normal cost of that, and in all but two cases here nothing turns on it.
- It is not a licence to depart from official material. For classes 🟠 🟡 ⚪ you explain; you do not change the procedure. For 🔴 you follow the rule and get the DEO's answer in writing.
- It is not complete for all time. If the Commission issues a corrigendum, the later document prevails — check ⛔ नवीनतम आदेश — जो मार्गदर्शिका और संकलन दोनों पर भारी पड़ते हैं before the training.
Compiled: 23.08.2026 · every entry read first-hand from the page image or the Manual's text Hindi parallel: आधिकारिक स्रोतों में पुराने एवं त्रुटिपूर्ण संदर्भ — एक ही रजिस्टर Related: DLMT Training Material — Correction Sheet · बालोतरा जिला — प्रशिक्षण पैक · ⛔ नवीनतम आदेश — जो मार्गदर्शिका और संकलन दोनों पर भारी पड़ते हैं