Amendment status not verified — confirm the current text below against the official source.
Destruction, loss etc., of ballot papers at the time of counting.— (1) If, at any time before the counting of votes is completed any ballot paper used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Returning Officer or is accidently or intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at the polling station or place cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission. (2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either. - (3) 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 (4) if 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, issue such directions to the 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. (5) The provisions of this act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll. (6) EQUALITY OF VOTES.— If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls received an additional vote. (7) DECLARATION OF RESULTS.— When the counting of the votes has been completed, the Returning Officer shall, in the absence of any direction by the State Election Commission to the contrary forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder. (8) REPORT OF THE RESULT.— As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Municipality concerned, to the State Election Commission and to the Government and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates. The name or names of the elected candidate or candidates shall also be published on the notice board of the Municipality concerned. (9) DATE OF ELECTION OF CANDIDATES.— For the purposes of this Act, the date on which a candidate is declared by the Returning Officer under the provisions of section 125 or section 136 to be elected to a Municipality shall be the date of election of that candidate. (10) PUBLICATION OF RESULTS OF GENERAL ELECTIONS TO THE MUNICIPALITY.— Where a general election is held for the purpose of constituting or reconstituting a Municipality, there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all the wards, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 105 or for which the time for completion of the election has been extended under the provisions of section 200 have been declared by the Returning Officer under the provisions of section 125 or, as the case may be, section 136, the names of the members elected for those wards and upon the publication of such notification, the Councillors shall be deemed to be duly elected: Provided that the publication of such notification shall not be deemed- (a) to preclude - (i) the taking of the poll and the completion of the election in any ward or wards in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 105; or (ii) the completion of the election in any ward or wards for which time has been extended under the provisions of section 200; or (b) to affect the duration of the Municipality, if any , functioning immediately before the issue of the said notification.