CourtMesh

Section 49: Opt:>ning: of ballot boxes, scrutiny of ballot papt>n; and counting ofyotes

The Cantonment Electoral Rules, 2007Central Rules · 2006

{ 1) The ballot box 11r if more tha11 one halll•t box is used for each polling station, such hc'x c1r hu>.c<:. a.~ rhe case may he, shJ.!l be opt:ned separately, :111d the Returnrng Officer sha!l take uut the papers there from dlslribullllg them for counting as he thinks fit, l·arc hf1ng LtL:n that where there is more 1han nne polling stat1~111 h11 a W8rd, the ballot boxes relating thereto ~hall he' (lj;Cndl en i!1v !<tlllC time m immcdiatcl_y follmvtng one after anoLl1er. keepin;:_: the paper~ taken out from each such hox 111 ::t \C)1ar:1k heap.

{'))The Returning Officer shall :.crutinise ev·ery hal lot fl<\Fel kqJI In diflcrent heaps Under SUb-ruk (1).

( _·;; ·rl~c l{durmng Officer shaH rcj,·-ct a ballot p::tpcr-­ \<l} 11" n bears any mark on \\Titing hy which the elecwr can be identified; L•r

(b) if no vote is recorded thereon; or

(c) if votes arc given un it in favour of more candHiates than one; of

(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or

(e) 1f it is a spurious ballot paper; or

(f) if it is damaged or mutilated that its identity as a genuwe ballot paper cannot be established; or

(g) if it bears a ~erial number, or is of a design different from the serial number, or as the case may be, the design, of the ballot paper authorised for use at the particular polling station; or

(h) if it does not bear the official mark which it should have borne under the provision of clause

(b) of sub-rule (I) or rule 4],

Provided that where the Returning Officer ts satisfied that any such defect as is mentioned in clause (g) Dr cl'ausc (hl has been caused by any mistake or fJilure on the part of a Polling Officer the' ballot paper shall not be rejected merely on the ground of such defect:

Pruvidcd further that the ballot paper shall not be rejected rncrdy on the ground that. the mark indicating the vutc is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. ·

(4) Before rcjecJing any ballot paper under sub-rule (3 ), the kdurning Officer shall allow each candidate ·or his election agent pre.sent, a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

(5) The Rdurnmg Officer shall record on every ballot paper \\·hid! he rejects, the letter and the grounds for rejection. in abbreviated fnnn either in his own hand ur by , means llf a ruhht'r .'-.t,tmp.

i6) 'fhc Rdurnlng Officer shall bundle together all the rejected hal!DI parers under this rule and then count or cause to be counted thL· valid votes given to each candidate on the balll)t pl.lpcrc.,.

ProvidcJ that no CllVCr containing tendered ballilt pdpcr.\ <..hall be opened and no .-;uch paper shall be l~uunkd.

(7j After C(iUllting of all bal!nt papers contained in all baliDt hoxc:, u<..ed at a polling station has'been completed, the Returning Urficcr ~hall make the entries in a result :-;he-:t in Fomt X·A and annuunce the particulars.

lSi Tile 1 alid hal lot parers shall then he bundled tngcthtcr ;md kept ;l]ong with the hundle of the rej~ctcd b::.t1lot paper.-. in ,1 -.:.ep~1ratc packet which shall be sealed and un \\ hid1 <..ball be recorded the full owing particular:., namely ... -·

(a) 'I he mum· oft he ward:

[ 'll'lll :-<5fUS 4] 'lm! "" ~ : 31UI'ffi111 3]

(h) Tile particulars of the polling station where the ha!\ot papers have been used; and

(c) The date of counting.

Where this provision sits

ActThe Cantonment Electoral Rules, 2007
Section49
Marginal noteOpt:>ning: of ballot boxes, scrutiny of ballot papt>n; and counting ofyotes
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Cantonment Electoral Rules, 2007 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.