(1) The Nirvachan Adhikari shall reject a ballot paper--
(a) ifit bears any mark or writing by which an elector can be identified; or
(b) it is spurious ballot paper; or () if it has been so damaged cr mutilated that its identity as genuine bal- - lot paper cannot be established; or
(d) if it bears a serial number or a design different from the serial number or design, as the case may be, of the ballot papers authorised for use at the particular polling place; or
(e) if votes area given on it in favour of more candidates than the number of seats required to be filled in a constituency; or () if no vote is recorded thereon.
(2) A vote recorded on a tallot paper shall be rejected if the mark indicating the vote in‘places on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given:
- Provided 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 against the name of a particular candidate if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. .
(3) The decision of the Nirvachan Adbhikari as to the validity of a ballot paper or of a vote given on any such ballot paper shall be final subject, however, to any decision to-the contrary given on the trial of an election petition calling in question the election. - 3