Section 22: Return of Ballot Paper by a voter

(l) If a voter decides not to use a Ballot Paper aer ne has obtained the same, he shall return it to the Presiding Ocer.

24 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 59 THEU.P.KRISHIUTPACANMANDINIYAMAVALI, 1965 [RULE5A-34

(2) Every such Ballot Paper shall be marked as Returned and cancelled and kept in cover set apart for the purpose and the Presiding Ocer shall keep a record of all such ballot papers.

(3) A voter who has inadvertently dealt with his Ballet Paper in such, manner that it cannot be conveniently used as a Ballot Paper may, on returning it to the Presiding Ocer, and on sasfyinghim of the inadvertence, be given another ballot Paper and the ballot Paper so returned shall be marked 'spoilt and cancelled" by the Presiding Ocer and kept in a separate cover set apart for the purpose.

22-A. Presiding Ocers entry into polling compartment during poll [Secons 13(2), 40f2)(i) and 40(2)(xxxi-a)].—(1) If the Presiding Ocer has reason to suspect that a voter who has entered the polling compartment has remained inside the polling compartment for an unduly long me he may enter the polling compartment and take such steps as may be necessary to ensure the smooth and prompt progress of the poll.

(2) Whenever the.Poesiding Ocer enters the polling compartment under this rule, he shall be accompanied by such of the contesng candidates or their agents as desire to do so.

22-B. ballot papers found outside Ballot Boxes.--If any Ballot Paper; Which has been issued to avoter has not been inserted by him into the Ballot Box, and is found anywhere, in or near the polling place, it shall be cancelled and dealt within the manner laid down in Rule 20-F.

22-C. Tendered votes.—(1) If a person represenng himself to be a parcular voter applies for a Ballot Paper aer another person has already voted as such voter, he shall, on sasfactorily answering such quesons relang to his identy as the Presiding Ocer may ask, be supplied with a Ballot Paper which shall be endorsed on the back with the words 'Tendered Ballot Paper" by the Presiding Ocer in his own handwring and signed by him.

(2) Every suchperson shallbefore being supplied witha Tendered BallotPaper, sigh his name against the entry relang to him in a list in the form specied by the Director of Elecons.

(3) Such person shall, thereaer, record his vote on the Tendered Ballot Paper as far as may be in accordance with the provisions of Rule 20-F but, shall not insert his Ballot Paper in the Ballot Box.

(4) Every such Tendered Ballot Paper shall be handed over to the Presiding Ocer who shall forthwith place, it In a cover specially kept for the purpose. Such votes shall not be counted by the Returning Ocer.

22-D. Sealing of Ballot Boxes, etc. aer poll.—(1) As soon as, praccable aer the dose of the poll, the Presiding Ocer shall dose the slit of each Ballot Box and where the Box does not contain any mechanical device for dosing the slit, he shall seal 'op‘he slit and also allow anycontesng candidate or his agent who may be present at that nine to seal the same.

(2) AlltheBallot Boxes shall thereaerbe sealed andsecured inthemannerspeciedbytheDirector of Elecons.

(3) ThePresidingOcershallmakeseparatepackets of—

(a) thecovercontainingthetenderedballotpapers;

(b) thecancelledballotpapers;

(c) themarkedcopyohevoterslist;

(d) unusedballotpapers; and

(e) anyotherpaperdirectedbytheDistrictEleconOcertobekepnasealedpacket.

22-E. Account of ballot papers.—The Presiding Ocer shall at the dose of the poll prepare a Ballot Paper account in Form No. IV and shall seal the same.

22-F. Transmission of Ballot Boxes, etc. to the Returning Ocer.—As soon as may be aer theBallot Boxes and packets have been sealed in accordance with Rules 22-D and 22-E, the Presiding Ocer shall deliver or cause to be delivered the following to the Returning Ocer at such place as the Returning Ocer may direct—

(a) theballotboxes;

(b) thepacketsreferredtoinsub-rule(3)ofRule22-0;

(c) theballotpaperaccount;and

(d) allotherpapersusedahe poll.

25 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 60 THEU.P.KRISHIUTPADANMANDINIYAMAVALI,1965 [RULE5A-34 22-G. Transport of Ballot Boxes and packets and their custody.—The District Elecon Ocer shall make adequate arrangements for the safe transport and custody of all Ballot Boxes, packets and other papers referred to in Rule 22-F unl the commencement of the counng of votes.

22-H. Postponement of ballong during emergency.—(1) If the proceedings at the polling place are interrupted or obstructed by riot or violence or it is not possible to take the poll on account of any natural calamity or any other sucient cause, the Presiding Ocer for such polling place shall announce anadjournmentohepollto adateto benoedlaterandwherethepollisso adjourned the Presiding Ocer shall forthwith inform the Returning Ocer.

(2) Whenever a poll is adjourned under sub-rule (1), the Returning Ocer shall immediately report the circumstances to the District Elecon Ocer and shall as soon as may be with his previous approval appoint a day for the taking of a fresh poll and x the place at which and the hours during which a fresh poll shall be taken and nofy the same in the manner specied under sub-rule (3) of Rule 9.

(3) In every such case, as aforesaid, the Returning Ocer shall take a fresh poll and the provisions of this chapter shall apply in relaon to the fresh poll as they apply to the original poll.

22-I. Fresh poll in case of destrucon etc. of Baallot Boxes.—(1) If at any elecon may Ballot Box, is unlawfully taken out of the custody of the Polling Oicer or of any Presiding Ocer or is in any way tampered with, or is either accidentally or intenonally destroyed or lost, the polling at the eleconin respect of the polling place to which such ballot box relates shall be void.

(2) Whenever the polling has become void under sub-rule (1), the Presiding Ocer shall, as soon as praccable, aer the act or even causing such voidance has come to his knowledge, report themaer to the Returning Ocer who shall, with the previous approval of the District Electon Ocer, appoint a day for the taking of fresh poll and x the place at which and hours during which the poll shall be taken and nofy the same in the manner specied under sub-rule (3) of Rule 9.

(3) In every such case, as aforesaid, the Returning Ocer shall take fresh poll and the provisions of this chapter shall apply to every such fresh poll as they apply to the original poll.

22-j. Appointment of me, place and date for the counng.--(1) The District Elecon Ocer shall appoint a date for the counng of votes which shall be, as soon as praccable, aer the compleon of the poll and shalt x the place and me at which the votes shall be counted.

(2) The District Elecon Ocer shall give noce of such date, me and place to the contesng candidates or their elecon agents.

(3) Ifat theme so appointed for thecounng ofvotestheBallot Boxescontaining thevotesto becounted are not received by theReturning Ocer or ifdueto any other unavoidablecauseheisunableto proceed with the counng, he may postpone the counng to another date and x the me and place for it and give noce thereof to the contesng candidates, their elecon agents and counng agents, if any.

22-K. Counng Agents.—(l) A contesng candidate or his Elecon Agent may appoint one person to be present as his Counng Agent at the counng of votes.

(2) Everysuchappointmentshallbemadeinwringbeforethecommencementohecounng.

(3) No Counng Agent shall be admied to the place xed for counng, unless he has delivered to the Returning Ocer the leer of his appointment under sub-rule (2).

22-L. Persons who may be present at the counng.—(1) The Returning Ocer shall hot allow any persontobepresentahecounngofvotesexcept,thecontesngcandidates,theirEleconAgents and their Counng Agentsand such other persons as the Returning Ocer may appoint to assist him in the counng.

(2) No person who has been employed by, or on behalf of, or has been otherwise working for, a candidate in or about the elecon shall be appointed to assist the Returning Ocer in counng the votes.

(3) Any person who during the counng of votes misconducts himself or fails to obey the lawful direcons of the Returning Ocer, may be removed from the place, where the votes are being counted by the Returning Ocer or by any Police Ocer on duty or by any person authorised in this behalf by the Returning Ocer.

22-M. Procedure at the counng.--Onthe date and at theme and place appointed under Rule22-J, 26 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 the Returning Ocer shall proceed as follows :— 27 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 61 THE U.P .Kt SHIUTPADANMANDIIsliYAMAVALI, 1965 [RULE5A-34

(a) The Returning Ocer shall sasfy himself that all Ballot Boxes used at the poll and which are to be counted at that place have been received and accounted for.

(b) The Returning Ocer shall then allow, the candidates and their Elecon Agents and Counng Agents present ahe counng, anopportunity to inspeche Ballot Boxes and the seals for sasfying themselves that they are intact.

(c) If the Returning Ocer is sased that any Ballot Box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in Rule 22-I, in respect of the Polling Staon to which such box relates.

(d) If the Returning Ocer is sased that all such Ballot Boxes, as are to be counted at such placehavebeenreceivedandare inorder,heshalltakeupthecounngoallotpaperscontainedin the Ballot Boxes. All the Ballot Boxes used at polling place shall be opened, and the counng of the ballot papers found in those boxes proceeded with at the same me.

(e) An account of the ballot papers found in the boxes of the polling place shall be recordedin a Statement in Form No IV-A.

(f) The Returning Oicer shall allow the candidates, their Elecon Agents and Counng Agents who may be present, reasonable opportunity to inspect all ballot papers which in the opinion of the Returning Ocer are liable to be rejected, but shall not allow them to handle these or any otherpapers.TheReturning Ocer shallonevery BallotPaperwhich is rejected,endorserejeconin Hindi .in Devanagri Script. If any candidate or his Elecon Agent quesons the correctness of the rejection of any Ballot Paper, the Returning Ocer shall also record briey on such Ballot Paper, the grounds for the rejecon.

(g) Aer the counng of all ballot papers contained in the Ballot Boxes of the polling place has been completed, the Returning Ocer shall cause all such ballot papers to be kept in a separate packet on which parculars relang to the polling place and the name of the constuency to which the Ballot Papers relate shall be entered.

22-N.Groundsforrejeconoallotpapers.(1)TheReturningOcershallrejectaBallotPaper—

(a) itbearsanymarkorwringbywhichavotercanbeidened;or

(b) isaspuriousballotpaper;or

(c) if it has been so damaged or mulated that its identy as a genuine ballot paper cannotbe established; or

(d) itbearsaserialnumberoradesigndierenromtheserialnumberorcolourordesign, as the case may be, of the ballot papers authorised for use at the parcular polling place; or

(e) if votes are given on it in favour of more candidates that the number of seats required to be led in a constuency; or

(f) ifnovoteisrecorded thereon.

(2) Avote recorded ona BallotPapershall berejected if themark indicangthevote is placed onthe Ballot Paper in such manner as to make it doubul as to which candidate the vote has been given:

Provided that a Ballot Paper shall not be rejected merely on the ground that the mark indicang the vote is indistinct or made more thanonce against the name of a parcular candidate if the intenon that the voteshall be for a parcular candidate clearly appears from the way the paper is marked.

(3) The decision of the Returning Ocer as to the validity of a Ballot Paper or of a vote given on any such Ballot Paper shall be nal subject, however, to any decision to the contrary given on an election peon calling in queson the elecon.

22-0. Vericaon of accounts submied by the Presiding Ocer.—The Returning Ocer shall not open the sealed packets of the Tendered ballot papers or the marked copy of the voters list. He shall verify thestatement submied by the Presiding Ocer under Rule 22-E by comparing it with the number of counted votes and rejected ballot papers, the unused or spoilt ballot papers in his possession and the tendered votes list. He shall then again close and seal each packet which has been opened by him and shall record on each packet a descripon of its contents, the name and descripon of the constuency and the date of the elecon to which it refers.

22-P. Elecon return by the Returning Ocer.—The Returning Ocer shall then prepare and cerfy an elecon return containing the following informations .

28 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 62 THEU.P.KRISHIUTPADANMANDINIYAMAVALI,1965 [RULE5A-34

(a) thenamesofcandidatesforwhomvalidvoteshavebeengiven;

(b) thenumberofvalidvotesgivenforeachcandidate;

(c) thetotalnumberofvalidballot papers;

(d) thenumberofrejectedballot papers;

(e) thenumberoenderedballotpapers;and

(f) thenameohecandidate elected.

He shallthenalsopermitany contestingcandidateorhis EleconAgentorCounng Ageno take a copy of or an extract from such return.

22-Q. Declaraon of result.—TheReturningOcershall,wherenoseatsaretobelledbyMembers of Scheduled Castes, declare as many candidates securing the highest number of votes as there are seats to be lled to be duly elected :

Provided that upon the applicaon of any candidate or his Elecon Agent or his Counng Agent on his behalf, a total or paral recount shall be made before the Returning Ocer makes the declaraon of results, but the Returning Ocer may reject any such applicaon as may appear tohim to be fnvolous,or vexaous recording at the same me the grounds for such rejecon

23. Procedure in case of equality of votes [Secons 13(2), 40(2)(1) and 40(2) (xxxi-a)] . If equality of votes is found to exist between two or more candidates at anelecon aer thepoll and the addion of one vote will entle any of the candidates to be declared elected, the Returning Ocer shall draw lots in such manner as he may determine in the presence of the candidates or their Elecon Agentsor their Counng Agents and the candidates whose names are drawn shall to the extent of the seats to be lled, be declared to have been elected.