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Section 59: Counting of votes

The Haryana Municipal Elections Rules, 1978State Rules of Haryana · 1973

(1) On the date and time specified under rule 19 and subject to such general or special directions, if any, as may be given by the State Election Commissioner, Haryana in this behalf, the Presiding Officer in the presence of the Polling Officers and of such candidates or their agents, if any, as may be present shall have the ballot papers taken out of the ballot box(es) used at the polling station, get them mixed together and then arranged in convenient bundles and scrutinised.

(2) The Presiding Officer shall reject a ballot paper:-

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

(b) if it bears no mark to indicate the vote or it bears a mark made otherwise than with the instrument supplied for the purpose; or

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

(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) 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

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

(h) if it does not bear both the distinguishing mark and the signature which it should have borne under the provisions of sub-rule (1) of rule 51:

Provided that where the Presiding Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by the mistake or failure on his own part or that of a 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 Presiding Officer shall allow each candidate or his agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

(4) The Presiding Officer shall endorse on every ballot paper which he rejects the word “Rejected” and the grounds of rejection in abbreviated form in his own hand and shall initial such endorsement.

(5) All ballot papers rejected under this rule 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 paper shall be opened and no such paper shall be counted.

(7) If under any circumstances the counting of ballot papers of any constituency of any committee is postponed, the ballot boxes used in each constituency of that committee, shall be kept in safe custody by the Deputy Commissioner as per the directions of the State Election Commissioner, Haryana.

Where this provision sits

ActThe Haryana Municipal Elections Rules, 1978
Section59
Marginal noteCounting of votes
JurisdictionState of Haryana
StatusIn force as published by the source

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