Bare ActsThe PUNJAB MUNICIPAL ELECTION RULES, 1994

Section 80

Counting of votes

Amendment status not verified — confirm the current text below against the official source.

Counting of votes.- (1) The ballot paper taken out of each ballot box shall be arranged in convenient bundles and scrutinized. 9 (2) The Returning Officer shall reject a ballot paper,— (a) if it bears any mark or writing by which the elector can be identified, or (b) if it bears no mark at all, or, to indicate the vote if it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper, or (c) if it bears a mark made otherwise than with the instrument supplied for the purpose, or (d) if votes are given on It in favour of more than one candidate, or (e) if the mark indicating the vote thereon is placed in such manner as to make it doubtful as 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 multilated 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 numbers, or as the case may be, the design of the ballot papers authorised for use at the particular polling station; or (I) if it does not bear both the mark and the signature which it should have borne under the provisions of rule 52 Provided that where the Returning Officer is satisfied that any such defect as is specified in clause (h) or clause (I) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer, the ballot paper shall not be rejected on the ground of such defect; Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or is made than once with the intention that the vote shall be for a particular candidate clearly appears from the way the ballot 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 ballet paper but shall not allow him to handle it or any other ballot paper. (4) The Returning Officer shall endorse on every ballot paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement, (5) All ballot papers rejected under this rule shall be boundled together. (6) Every ballot paper which is not rejected under this rule, shall be counted as one valid vote: Provided that no cover containing tendered ballot papers shall be opened and no such ballot paper shall be counted. (7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed,— (a) the Returning Officer shall fill in and sign Part It Result of Counting in Form 33, and (b) the Returning Offer shall make the entries in a result-sheet in Form 35 and announce the votes polled by each candidate. 81 Counting of votes received by post.- (1) At the time fixed for counting of postal ballot papers, the Returning Officer shall open the covers in which the postal ballot papers have been received and examine the postal ballot papers and other papers contained in the cover: Provided that no postal ballot paper received after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall he counted. (2) A postal ballot paper shall be rejected on the following grounds namely :- (a) if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or (b) if no vote is recorded thereon.; or (c) If votes are given on it in favour of more candidates that one ; or (d) if it is a suprious ballot paper; or (e) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or (f) if it is not returned in the cover sent alongwith it to the elector by the Returning Officer. (3) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given. (4) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once with the intention, that the vote shall be for a particular candidate, clearly appears from the way the ballot paper is marked. (5) The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate, record the total thereon in the result sheet in Form 35 and announce the same,

Section 80 – The PUNJAB MUNICIPAL ELECTION RULES, 1994 | DailyLaw.ai