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Section 81: Counting of votes

The Dadra and Nagar Haveli Panchayats (Election Procedure) Rules, 2014Union territory Rules of Dadra and Nagar Haveli and Daman and Diu · 1952

(1) Subject to such general or special directions, if any as may be given by the Commission in this behalf, the ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.

(2) The Returning Officer shall reject a ballot paper –

(a) if it bears any mark or writing by which the elector can be identified; or

(b) if it bears no mark at all to indicate the vote or it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or if it bears a mark made otherwise than with the instrument supplied for the purpose; or

(c) if votes are given on it in favor of more than one candidate; or

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

(e) if it is a spurious ballot paper; or

(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -29

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

(h) if it does not bear the mark and the signature which it should have borne under the provision of the sub-rule (1) of rule 65:

Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:

Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote 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.

(3) Before rejecting any ballot paper under sub-rule(2) the Returning Officer shall allow each counting agent present a reasonable opportunity to inspect that ballot paper but shall not allow him to handle it or any other ballot paper.

(4) The Returning Officer shall endorse on every ballot paper which he rejects the word “Rejected” and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initiate such endorsement.

(5) All ballot papers rejected under this rules shall be bundled together.

(6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote :

Provided that no cover containing tendered ballot papers shall be opened and no such ballot paper shall be counted.

(7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed;

(a) The counting supervisor shall fill in and sign Part II – Result of Counting in Form 19, which shall also be signed by the Returning Officer; and

(b) The Returning Officer shall make the entries in a result sheet in Form – 20 and announce the particulars.

Where this provision sits

ActThe Dadra and Nagar Haveli Panchayats (Election Procedure) Rules, 2014
Section81
Marginal noteCounting of votes
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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