(1) (a) In the case of election of members of District Panchayat or Panchayat Union Council, after the Returning 43 Officer has completed the scrutiny and counting of votes, he shall declare the contesting Candidate to whom the largest number of valid votes have been given as elected and complete and certify the return in Form 23 and send the signed copy thereof to the District Election Officer and the State Election Commission.
(b) The Returning Officer shall also forthwith cause to be affixed a copy of the declaration referred to in clause (a) in his office and in the office of the District Panchayat, or the Panchayat Union, as the case may be.
(c) If there is an equality of votes between two or more contesting Candidates, and the addition of one vote will entitle any of these Candidates to be declared elected, the Returning Officer shall decide between these Candidates by lot and the Candidate on whom the lot falls shall be deemed to have received an additional vote. The Returning Officer shall then declare the result accordingly.
(d) Any contesting Candidate or his election Agent or his counting Agent, on application, be permitted to take a copy or an extract from the statement in Form 22.
(2) (a) In the case of election of President of Village Panchayat, after the Returning Officer has completed the scrutiny and counting of votes, he shall declare the contesting Candidate to whom the largest number of valid votes have been given and complete and certify the return in Form 23 and send the signed copy thereof to the District election Officer and the State Election Commission.
(b) The Returning Officer shall also forthwith cause the said form to be affixed in his office, and in the office of the Village Panchayat and one or more conspicuous places in the Village Panchayat.
(c) If there is an equality of votes between two or more contesting Candidates, the Returning Officer should follow the procedure laid down in clause
(c) of sub-rule (1).
(d) Any contesting Candidates or his election Agent or his counting Agent, on application be permitted to take a copy or an extract from the Statement in Form 22.
(3) (a) In the case of election of member of Village Panchayats, after the Returning Officer has completed the scrutiny and counting of votes, he shall declare elected, the contesting Candidate or Candidates as the case may be, to whom the largest number of valid votes have been given and complete and certify the return in Form 24 and send the signed copy thereof to the District Election Officer and the State Election Commission:
Provided that if one or more seats are reserved for members of the Scheduled Castes or Scheduled Tribes 45[***] the Returning Officer shall first 44 declare elected the Candidate / Candidates who are eligible to be elected to such seats and to whom the largest number of valid votes have been given to the seats so reserved and then declare elected the contesting Candidate or Candidates who among the remaining contesting Candidates have obtained the largest number of votes to the non-reserved seats in such Ward.
Illustration.- In an election in a Ward to fill four seats of which two are reserved, there are six contesting Candidates, A, B, C, D, E and F and they secure votes in descending order. A securing the largest number, B, C and D are qualified to be chosen to fill the reserved seats, while A, E and F are not so qualified. The Returning Officer will first declare B and C duly elected to fill the two reserved seats, and then declare A and D (Not A and E) to fill the remaining two seats;
Provided further that if a seat is reserved for woman in any Ward, the Returning Officer shall first declare the woman Candidate, who is eligible to be elected to such seat and to whom the largest number of valid votes have been given to be elected to the seat so reserved, and then declare the contesting Candidate or Candidates who among the remaining contesting Candidates have obtained the largest number of votes to be elected to the non-reserved seats in such Ward:
Provided also that if one or more seats are reserved for members of the Scheduled Castes and Scheduled Tribes 14[***] or for women in any Ward, the Returning Officer shall first declare the woman Candidate to whom the largest number of valid votes have been given to be elected to the seat reserved for women and adopt procedure laid down in the first proviso in respect of declaration of Candidates for Scheduled Castes and Scheduled Tribes 14[***] or other non-reserved seats.
(b) The Returning Officer shall also cause to be affixed in his office, a copy of the declaration referred to in clause (a) above, and in the notice board of the office of Village Panchayat or in a conspicuous place in the Panchayat.
(c) If there is an equality of votes between two or more contesting Candidates and the addition of one vote will entitle any of these Candidates to be declared elected, the Returning Officer shall decide between these Candidates by lot and the Candidate on whom the lot falls shall be deemed to have received an additional vote. The Returning Officer shall, then, declare the result accordingly.
(d) Any contesting Candidate or his election Agent or his counting Agent, on application, be permitted to take a copy or an extract from the Statement in Form 22.
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