(1) If at any time before the counting of votes is, completed, any ballot paper used at a polling station or at a place fixed for the poll are unlawfully taken,out of the custody of the Presiding Officer or the Municipal Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such extent that the result of the poll at that polling station or place cannot be ascertained, the Municipal Returning Officer shall forthwith report the matter to the Commission.
(2) Thereupon, the Commission shall, after taking all materials circumstances into account, either -
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or.
(b) issue such directions to the Municipal Returning Officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted, provided that the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election.
(3) The provisions of this Act and the rules and the orders made thereunder shall apply to every such fresh poll, as they apply to the original poll.
Equality of votes.
69. If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of those candidates to be declared elected, the Presiding Officer or the Municipal Returning Officer,as the case may be, shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lost falls had received an additional vote.
Declaration of results.
70. When the counting of the votes has been completed, the Presiding Officer or the Municipal Returning officer, as the case may be, shall, in the absence of any direction by the Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
Responsibility of the Councillor elected from more than one constituency.
71. If any person is elected in more than one constituency in an election, he shall, within sixty days from the date of the first meeting of the Board of Councillors, after a Municipal general election, resign from the constituency excepting one constituency which he shall represent in the Municipality. On his failing to do so within the stipulated time, the Commission, in consultation with the State Government, declare the constituency, excepting one constituency which he shall represent in the Municipality, vacant :
Provided that in case of a Municipal by election, if any person is elected from more that one constituency such person shall have to resign from constituency, excepting one constituency which he shall represent in the Municipality, within one month from the date of declaration of result. On his failing to do so within the stipulated time, the Commission, in consultation with the State Government, declare the constituency, excepting one constituency which he shall represent in the Municipality vacant.
Report of the results.
As soon as may be after the result of an election has been declared, the Municipal Returning Officer shall report the result to the appropriate authority and the Commission who shall immediately publish the names of elected member in the Official Gazette.
Account of election expenses and maximum thereof.