478
22.
rules, or sa near thereta,as circumstances permit, and shall be capable of being folded up. Each ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.
(2) The names and descriptions of the candidates shall, in the case of the con- stituencies referred to in sub-heads (i), (ii), and (iii) of Article 19 (1) of this Order, be in English, and in the case of the other constituencies mentioned in the said clause he in English, Sinhalese and Tamil.
20.-(1) Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom without the box being unlocked.
(2) The presiding officer, immediately before the commencewent of the poll, shall show the ballot box empty to such persons, if any, s may be present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal upon it in such a manner as to prevent it being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked and seated.
21. (1) Immediately before a ballot paper is delivered to a voter it shall be stamped on the back or perforated with an official mark; and the number, name, and description of the voter, as stated in the copy of the register of vo.rs, shall be called out, and the number of such elector shall be marked on the counterfoil, and a mark shall be placed in the register against the number of the elector to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.
(2) In the case of a poll for the election of a member for the Commercial Electorate, the ballot paper shall be delivered, on his applying for the same, to the duly appointed representative of any company or firm which is registered as an elector for such constituency, and such representative shall, for the purposes of any of the provisions of these rules as to the manner of voting, be deemed to be an elector. The appointment of every such representative shall be in writing under the common seal of the company or under the name of the firm, as the case may be
22. (1) The elector on receiving the ballot paper shall forthwith proceed to s place screened from observation, which shall be provided by the presiding officer and there mark his paper by placing the mark X opposite the name of the candidate whom he prefers, and fold it up so as to conceal his vote, and shall then put his ballot paper so folded up into the ballot box; he shall vote without undue delay, and shall quit the polling place as soon as he has put his paper into the ballot box.
(2) In the case of the Burgher Electorate, if there are two seats to be filled, the elector may give a vote to each one of the two candidates whom he prefers or may only vote for one candidate and give two votes for such candidate.
23. A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering to the presiding officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another ballot paper in the place of the ballot paper so delivered up (in these rules enllod a ballot paper ") and the spoilt ballot paper shall be immediately cancelled.
spoilt
24. If a person representing himself to be a particular voter named on the register applies for a ballot paper after another person has voted as such elector, the applicant shall, making and subscribing a declaration in the form hereinafter pro- vided, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (in this Order called a tendered ballot paper ") shall be of a colour different from the other ballot papers; and instead of being put into the ballot box, shall be given to the presiding officer and indorsed by him with the name of the voter and his number in the register of voters, and set aside in a separato packet, and shall not be counted by the returning officer, and the name of the voter and his number on the register shall be entered on a list, in these rules called the "tendered votes list."
FORM OF DECLARATION.
!
solemnly and sincerely declare that I
A.B.
I, A.B., of ..................................... am the same person whose name appears as A.B., No.
Witness, C.D.,
Presiding Officer,
Signed,
25. The presiding officer of each polling station, as soon as practicable after the close of the poll, hall, in the presence of the agents of the candidates, make up into separate packets, sealed with his own seal and the seals of the agents of the candidates who desire to affix their seals--
(a) The ballot box, unopened, but with the key attached; and
(6) The unused and spoilt ballot papers placed together; and
(c) The marked copies of the register of voters and the counterfoils of
the ballot papers; and
(d) The packet containing the tendered ballot papers and the tendered votes list;
and shall despatch such packets in safe custody to the returning officer.
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COUNTING VOTES.
26. The returning officer shall make arrangements for counting the votes in the presence of an agent for each candidate as soon as practicable after he has received all the ballot boxes relating to any electorate, and for that purpose shall give notice in writing to the agent of each candidate of the time and place at which he will begin to count the votes.
27. Any ballot paper which has not on its back an official mark, or, except as provided by rule 22 (2), on which votes are given to more than one candidate, or on which anything except the number on its back is written or marked by which the vote can be identified, shall be void, and shall not be counted.
28. The returning officer shall endorse “rejected" on any ballot paper which he may reject as invalid.
29. The returning officer shall not open the sealed packet of tendered ballot papers, but shall retain the same, unless it is required for the purposes of an election petition under Article 37 of this Order.
30. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final.
31. When the counting of the votes has been completed, the returning officer shall forthwith declare the candidate to whom the greatest number of votes is given to be elected; provided that upon the application of any candidate or his agent a recount shall be made before the returning officer makes the declaration.
32. When an equality of votes in found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected, the determination of the candidate to whom such one additional vote shall be deemed to have been given shall be made by lot in the prosence of the returning officer in such manner as he shall determine.
33. Upon the completion of the counting, and after the result has been declared by him, the returning officer shall seal up the voting papers and all other documenta relating to the election, and shall retain the same for a period of six months, and thereafter cause them to be destroyed, unless otherwise directed by order of the Governor.
34. The returning officer shall without delay report the result of the election to the Colonial Secretary, who shall cause the name of the member or members elected to be published in the Government Gazette.
FORM A (RULM 4). Nomination paper for*.
1. Name of candidate in full
2. Address
3. Occupation
4. Name of proposer
5. Name of seconder
Signed by the above-named.
this....* day of.................. 19......
(proposer) in my presence
A.B. (a Justice of the Peace or a Notary Public). Signed by the above-named
day of .......... 19......
(acoonder) in my presence this
C.D. (a Justice of the Peace or a Notary Public).
• Here insert a description of constituency.
Counterfoil.
No.
FORM B.
Form of Ballot Paper.
Nor. The counterfoil is to have a number to correspond with that on the back of the ballot paper.
No.............
Eleotion for
Front.
1. A.B., of
2. C.D., of
3. E.F., of
4. G.H., of.
Back.
19......
NOTE. The number is to correspond with that on the counterfoil.
PUBLIC RECORD OFFICI
C.O.
Reference :-
882 10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC COPYRIGHT PHOTOGRAPH -NOI TO
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