(1) A ballot paper shall be rejected-
(a) if it bears any mark or writing by which the elector can be identified, or
(b) if no vote is recorded thereon, or
(c) if votes are given on it in favour of more Candidates that the number of Candidates to be elected, or
(d) if the mark indicating the votes thereon is placed in such manner as to make it doubtful to which Candidate the vote has been given, or 41
(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 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 both the distinguishing mark and / or the signature of the Presiding Officer which it should have borne under the provision of sub-rule (1) of Rule 51 or the words 2[E.D.C.] under the sub-rule (1) of Rule 52, or
(i) if it is not the relevant ballot paper:
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, 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 not distinct 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.
(2) All ballot papers rejected under this Rule shall be made into a separate bundle.
(3) The decision of the Returning Officer under this Rule shall be final, subject only to the decision of the competent court on an election petition.
64. Counting of valid votes,- (1) The vote recorded in every ballot paper which is not rejected under Rule 63 shall be counted.
(2) After the counting of the votes recorded in all ballot papers contained in all ballot boxes has been completed, the Returning Officer shall have the result of such counting entered in Part II of Form 20 and it shall be signed by the counting supervisor and the Returning Officer. The Returning Officer shall, then, make the entries relating thereto in a result sheet in Form 22.
(3) The valid ballot papers found in all the ballot boxes as well as the valid votes referred to in clause (c) of sub-rule (2) shall, thereafter, be bundled together and kept along with the bundle of rejected ballot papers in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely:-
(a) name of election;
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(b) the number of the Ward and the name of Panchayat; and
(c) the date of counting.