(1) No person who is not, and, except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the 43 of 1950.
Representation of the People Act, 1950.
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he 's confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
Counting of 67. At every election where a poll is taken, votes shall be counted in votes. such manner as may be prescribed, and each contesting candidate, his election agent and his counting agents shall have a right to be present at the time of counting.
Destruction, 68. (1) If at any time before the counting of votes is completed, any loss, etc. of ballot papers used at a polling station or at a place fixed for the poll are ballot papers. unlawfully taken out of the custody of the Presiding Officer or the Municipal Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such extent that the result of the poll at that polling station or place cannot be ascertained, the Municipal Returning Officer shall forthwith report the matter to the Commission.
(2) Thereupon, the Commission shall, after taking all materials circumstances into account, either—
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or 336 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
(Chapter VII.—The Poll.—Sections 69-72.)
(b) issue such directions to the Municipal Returning Officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted, provided that the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election.
(3) The provisions of this Act and the rules and the orders made thereunder shall apply to every such fresh poll as they apply to the original poll.
69. If, after the counting of the votes is completed, an equality of Equality votes is found to exist between any candidates and the addition of one of votes.
vote will entitle any of those candidates to be declared elected, the Presiding Officer or the Municipal Returning Officer, as the case may be, shall forthwith decide between those candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.
70. When the counting of the votes has been completed, the Presiding Officer or the Municipal Returning Officer, as the case may be, shall, in the absence of any direction by the Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
71. As soon as may be after the result of an election has been declared, Report of the Municipal Returning Officer shall report the result to the appropriate the results.
authority and the Commission who shall immediately publish the names of elected member In the Official Gazette.