PART – VII
|
||
COUNTING OF VOTES AND DECLARATION OF RESULTS
|
||
55.
|
Counting of votes.-
|
|
At every election where a poll is taken, votes
shall be counted by, or under the supervision and direction of the Returning
Officer and each contesting candidate and his counting agent shall have a
right to be present at the time of counting. The Returning Officer may allow
such no. of counting agents per candidates so as to conduct the counting
process in free, fair and transparent manner.
|
||
56.
|
Admission to the place fixed for counting.-
|
|
(1)
|
The Returning Officer shall exclude from place
fixed for counting of votes all persons except :-
|
|
(a)
|
Such persons as he may. appoint to assist him in
the counting;
|
|
(b)
|
persons authorized by the District Co-operative
Election Officer;
|
|
(c)
|
Public servants on duty in connection with the
election; and
|
|
(d)
|
Candidates and their counting agents.
|
|
(2)
|
No person, who has been employed by the society
or has been otherwise working for a candidate in the election, shall be
appointed under clause (a) of sub-rule (1).
|
|
(3)
|
The Returning Officer shall decide which Counting
Agent or Agents shall watch the counting at any particular counting table or
group of counting tables.
|
|
(4)
|
Any person, who during the counting of votes
misconducts himself or fails to obey the lawful directions of the Returning
Officer, may be removed from the place where the votes are being counted by
the Returning Officer, or by any police on duty or by any person authorized
in this behalf by the Returning Officer.
|
|
57.
|
Scrutiny and opening of
ballot boxes.-
|
|
(1)
|
The Returning Officer may have the ballot boxes
used at more than one polling station opened and their contents counted
simultaneously.
|
|
(2)
|
Before any ballot box is opened at a counting
table the Counting Agent present at that table shall be allowed to inspect
the paper seal or such other seal as might have been affixed thereon and to
satisfy them that it is intact.
|
|
(3)
|
The Returning Officer shall satisfy himself that
none of the ballot boxes has in fact been tampered with. He shall not count
the ballot papers contained in tampered box and shall follow the procedure
laid down in Rule 51 in respect of that polling station.
|
|
58.
|
Scrutiny and rejection of
ballot papers.-
|
|
(1)
|
The ballot papers taken out of each ballot box
shall be arranged in convenient bundles and scrutinized.
|
|
(2)
|
The Returning Officer shall reject a ballot
paper,-
|
|
(a)
|
it if bears any mark or writing by which the
voter can be identified, or
|
|
(b)
|
if no vote is recorded thereon, or
|
|
(c)
|
if votes are given on it in favors of more than
one candidate, where only one candidate is to be elected, or
|
|
(d)
|
where more than one candidate is to be elected,
if the voter has recorded on the ballot paper more votes than he is entitled
to give, or
|
|
(e)
|
if the mark indicating the vote thereon is placed
in such manner as to make it doubtful to which candidate the vote has been
given, or
|
|
(f)
|
if it is a spurious ballot paper, or
|
|
(g)
|
if it is so damaged or mutilated that its
identity as a genuine ballot paper cannot be established, or
|
|
(h)
|
if it bears a serial number, or is of a design
different from the serial number or, as the case may be, design of the ballot
papers authorized for use at the polling station.
|
|
(i)
|
if it does not bear the mark which it have borne
under the provisions of sub-rule (3) of Rule 43.
|
|
Provided that,-
|
||
(i)
|
where the Returning Officer is satisfied that any
such defects as is mentioned in clause (h) or (i) of this sub-rule has been
caused by any mistake or failure on the part of the Presiding Officer or the
Polling Officer, the ballot paper shall not be rejected merely on the ground
of such defect;
|
|
(ii)
|
a ballot paper shall not be rejected merely on
the ground that the mark indicating the vote is indistinct 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;
|
|
(3)
|
Before rejecting any ballot paper under sub-rule
(2) the Returning Officer shall allow each Counting Agent present a
reasonable opportunity to inspect the ballot paper.
|
|
(4)
|
The Returning Officer shall record on every
ballot paper which he rejects the letter 'R' and the grounds of rejection in
abbreviated form by means of a rubber stamp.
|
|
(5)
|
All ballot papers rejected under this rule shall
be bundled together.
|
|
59.
|
Procedure for counting of
votes.-
|
|
Provided that, no cover containing tendered
ballot papers shall be opened and no such paper shall be counted.
|
||
(1)
|
Every ballot paper which is not rejected under
Rule 58 shall be counted as one valid vote
|
|
(2)
|
After the counting of all ballot papers contained
in all the ballot boxes used at a polling station has been completed, the
Returning Officer shall make the entries in a result-sheet in Form E-16 and
announce the particulars.
|
|
(3)
|
The valid ballot papers 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 the following particulars
shall be recorded, namely:-
|
|
(a)
|
the name of the constituency;
|
|
(b)
|
the particulars of the polling station where the
ballot papers have been used; and,
|
|
(c)
|
the date of counting.
|
|
60.
|
Counting to be continuous.-
|
|
The Returning Officer shall, as far as possible
proceed continuously with the counting of votes and shall, during any
intervals when the counting has to be suspended, keep the ballot papers,
packet and other papers relating to the election sealed with his own seal and
the seals of such candidates or counting agents as may desire to affix their
seals and shall cause adequate precautions to be taken for their safe custody
during such intervals.
|
||
61.
|
Procedure for counting of
votes where there are no Separate constituencies or more than one seat to be
filled in one constituency.-
|
|
In cases where there are no constituencies
defined in the bye-laws or where more than one seat is authorized in the
bye-laws for a constituency, counting of votes for these seats shall be done
in the following manner, namely,
|
||
(1)
|
The counting of votes shall be done by and under
the supervision of the Returning Officer, with the assistance of such
persons, as he may appoint, to assist in the counting of votes.
|
|
(2)
|
After each ballot box is opened for counting
clearly valid voting papers shall be separated from invalid and doubtful
voting papers. The invalid and doubtful voting papers shall be submitted to
the Returning Officer for decision. The valid voting papers shall thereafter
be taken for counting and the votes recorded in favor of each candidate shall
be counted with the aid of persons appointed to assist in the counting of
votes.
|
|
(3)
|
The Returning Officer shall allow the candidates
and their counting agents, who be present reasonable opportunity to inspect
all voting papers which in the opinion of the Returning Officer are liable to
be rejected but shall not allow them to handle those or any other voting
papers. The Returning Officer shall on every voting paper which is rejected
endorse the letter “R”. If any candidate or his counting agent questions the
correctness of the rejection of any voting paper the Returning Officer shall
also record briefly on such voting paper the ground, for its rejection.
|
|
(4)
|
After the counting of all voting papers contained
in all the ballot boxes used has been completed, the Returning Officer shall
cause to be sealed up in separate packets with a description endorsed on each
such packet of the voting papers counted and that voting papers rejected.
|
|
(5)
|
The Returning Officer shall, as far as
practicable, proceed continuously with the counting of the votes and shall
during any intervals when the counting has to be suspended, keep the voting
paper packets and other documents relating to the election sealed with his
own seal and the seal of such candidate or Counting Agents as may desire to
affix their seals and shall cause adequate precautions to be taken for their
safe custody.
|
|
(6)
|
After the counting of ballot papers contained in
all the ballot boxes used at all the polling stations had been completed, the
Returning Officer shall prepare a consolidated statement recording therein
the total number of votes polled by each candidate.
|
|
62.
|
Recommencing of counting
after fresh poll.-
|
|
(1)
|
If a fresh poll is held under Rule 54, the
Returning Officer shall after completion of that poll, recommence the
counting of votes on the date and at the time and place which have been fixed
by him in that behalf and of which notice has been previously given to the
candidates.
|
|
(2)
|
The provisions of Rules 58 and 59 shall apply so
far as may be to such further counting.
|
|
63.
|
Recount of votes.-
|
|
(1)
|
After the completion of counting, the Returning
Officer shall record in the result sheet in Form E-16 the total number of
votes polled by each candidate and announce the same :
|
|
Provided that, when an equality of votes is found
to exist between any candidates either for the reserved or the unreserved
seats and the addition of one vote will entitle any of the candidate to be
declared elected, the determination of the person or persons to whom such an
additional vote shall be deemed to have been given shall be made by lots to
be drawn in the presence of the Returning Officer and the candidates who may
desire to be present, and in such manner as the Returning Officer may
determine.
|
||
(2)
|
After such announcement has been made, a
candidate or, in his absence, his election Agent may apply in writing to the
Returning Officer for a recount of all or any of the ballot papers already
counted stating the grounds on which the demands such recount with depositing
amount with returning officer which he may deem fit.
|
|
(3)
|
On such application being made, the Returning
Officer shall decide the matter and may allow the application in whole or in
part or may reject totally, if it appears to him to be frivolous or
unreasonable.
|
|
(4)
|
Every decision of the Returning Officer under
sub-rule (3) shall be in writing and contain the reasons there for.
|
|
(5)
|
If the Returning Officer decides under sub-rule
(3) to allow an application either in whole or in part, he shall,-
|
|
(a)
|
count the ballot papers again in accordance with
his decision;
|
|
(b)
|
amend the result sheet in Form E-16 to the extent
necessary after such recount; and
|
|
(c)
|
Announce the amendment so made by him.
|
|
(6)
|
After the total number of votes polled by each
candidate has been announced under sub-rule (1) or sub-rule (5), the
Returning Officer shall complete and sign the result sheet in Form E-16:
|
|
Provided that, no steps under this sub-rule shall
be taken on the completion of the counting until the candidates present at
the completion thereof have been given a reasonable opportunity to exercise
the right conferred by sub-rule (2).
|
||
64.
|
Declaration of result and
publication of names of the members of the committee.-
|
|
The Returning Officer shall then declare the
candidate to whom the highest number of valid votes has been given as having
been elected and certify the return of election in Form E-17, where the
District Co-operative Election Officer himself is not the Returning Officer
shall send signed copies thereof to the District Co-operative Election
Officer. On receipt of the declaration, the District Co-operative Election
Officer shall, subject to general or special orders issued by SCEA publish
the names of all elected committee members by causing a list of such names
together with their permanent addresses and the names of the constituencies
from which they are elected on the notice board of his office and shall send
a copy thereof to the registered address of the society concerned for
affixing it on the notice board and also for its record. The District
Co-operative Election Officer shall send a list of the elected committee
members to the SCEA.
|
||
.jpg)
.jpg)
.png)
.png)