(1) A contesting candidate or his election agent may appoint one or more persons but not exceeding such number as may be determined by the Returning Officer, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in Form-14 in duplicate, one copy of which shall be forwarded to the Returning Officer while the other copy shall be made over to the counting agent for production before the Returning Officer not later than one hour before the time fixed for the counting of votes.
(2) No counting agent shall be admitted into the place fixed for the counting unless he has delivered to the Returning Officer the second copy of the appointment order under sub-rule (1) after duly completing and signing the declaration contained therein and receiving from the Returning Officer an authority for entry into the place fixed for counting.
(3) The revocation of an appointment of a counting agent shall be in Form-15 and lodged with the Returning Officer. Any such revocation shall be signed by the candidates or his election agent and shall operate from the date on which is lodged with the Returning Officer. In the event of such a revocation, or of the death of counting agent before the close of the counting, the candidate or his election agent may make a fresh appointment in accordance with this rule.
43. Function of polling agent and counting agents :
(1) A polling agent may perform such functions in connection with the poll as are authorized by these rules to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorized by these rules to be performed by a counting agent.
44. Attendance of a contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent :
(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station.
SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -17
(2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorized by or under these rules to do or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
45. Non-attendance of polling or counting agents :
Where any act or thing is required or authorized by or under these rules to be done in the presence of the polling or the counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
CHAPTER XII PROCEDURE AT ELECTION