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Section 76: Scrutiny and rejection of ballot papers

The H.P. Panchayati Raj (Election) Rules, 1994-(English version)State Rules of Himachal Pradesh · 1994

(1) A ballot paper contained in a ballot box shall be rejected if :-

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

(b) it is a spurious ballot paper;

(c) it has been so damaged or multilated that its identity as a genuine ballot paper cannot be established;

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

(e) it does not bear any mark which it should have borne under the provisions of sub-rule (3) of rule 59.

(f) it has not been marked by the Presiding Officer;

(g) it has been marked in the columns of more than one candidates;

or

(h) it has been marked by an equipment and in the manner other than the equipment and the manner prescribed for that purpose;

Provided that where Returning Officer or such other officer authorised by him, on being satisfied that any such defect as is mentioned in clause (d) or clause (e) has in respect of all or any ballot papers used at a polling station been caused by the mistake or failure on the part of the Presiding Officer or Polling Officer concerned has directed that the defect should be overlooked, a ballot paper shall not be rejected only on the ground of such defect under c1ause (d) or clause (e):

Provided further that if the mark put by a voter has spread over two columns of the ballot paper then, the vote shall be counted in favour of the candidate in whose column the major portion of the mark falls.

(2) Before rejecting any ballot paper under sub-rule (1) the Returning Officer or such other Officers authorised by him shall allow each counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.

(3) The Returning Officer or such other Officers authorised by him, shall record on every ballot paper which he rejects the letter ‗R‘ and the 1 Proviso added vide Not. No. PCH- HA(1)-18/2008, dated the 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page .

4456-4467.

39 grounds of rejection in abbreviated form whether in his own hand or by means of a rubber stamp.

(4) All ballot papers rejected under this rule shall be bundled together.

Where this provision sits

ActThe H.P. Panchayati Raj (Election) Rules, 1994-(English version)
Section76
Marginal noteScrutiny and rejection of ballot papers
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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