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Section 78: Recommending of counting after fresh poll

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

(1) If a fresh poll is held under rule 71, the Returning Officer or any other officers authorised by him in this behalf shall after completion of that poll, commence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents.

(2) The provisions of rules 1 [75,] 76 and 77 shall apply so far as may be to such further counting.

2 [79. Recount of votes.- (1) After the completion of the counting and preparation of result sheet under rule 75, the District Election Officer (Panchayat) or Returning Officer, as the case may be, or any other Officer authorised by him shall announce the particulars of the result sheet.

(2) After such announcement has been made, a candidate or, in his absence, his election agent or any of his counting agent may apply in writing to the District Election Officer (Panchayat) or Returning Officer, as the case may be, or any other Officer authorised by him in this behalf for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount:

Provided that if no application for recount is received within reasonable time the result shall be declared in accordance with the provisions of clauses (v) and (vi) of rule 75.

(3) On an application for recount under sub-rule(2), the District Election Officer (Panchayat) or Returning Officer, as the case may be, or other officer authorised by him in this behalf shall decide the matter and may allow the application in whole or in part or may reject it if it appears to him to be frivolous or unreasonable:

1 Figure and sign ―75,‖ inserted vide Not. No. PCH- HA(1)- 18/2008, dated 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page . 4456-4467.

2 Rule 79 substituted vide Not. No. PCH- HA(1)- 18/2008, dated 8 th September, 2010, published in Rajpatra, Himachal Pradesh, dated 10 th of September, 2010 page 4456-4467, .

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Provided that every decision of the District Election Officer (Panchayat) or Returning Officer, as the case may be, or any other Officer authorised by him shall be in writing and contain the reasons therefor.

(4) If the District Election Officer (Panchayat) or Returning Officer, as the case may be, or any other officer authorised by him in this behalf, decides under sub-rule (3) to allow an application either in whole or in part, then he shall-

(a) count the ballot papers again in accordance with his decision;

(b) amend the result sheet to the extent necessary after such recount; and

(c) announce the amendment so made by him.

(5) After the total number of votes polled in favour of each candidate has been announced under sub-rule (4), the District Election Officer (Panchayat) or Returning Officer, as the case may be, or such other officer authorised by him, shall complete and sign the result sheet and no application for a recount shall be entertained thereafter.]

Where this provision sits

ActThe H.P. Panchayati Raj (Election) Rules, 1994-(English version)
Section78
Marginal noteRecommending of counting after fresh poll
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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