Closing of poll.
Counting votes.
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name of the voter and his number in the register of voters, and set aside in a separate 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.
I, A.B., of...
....solemnly and sincerely declare that I am the same person whose name appears as A.B., No....!...........
Witness: C.D.,
Presiding Officer.
(Signed)
A.B.
65. No ballot paper shall be delivered to a voter after the hour fixed for closing the poll. But if at the hour aforesaid there is in the polling station any voter to whom a ballot paper has been delivered, such voter shall be allowed to record his vote.
66.-(1) The presiding officer of each polling station, as soon as practicable after the close of the poll, shall, in the presence of the candidates or their agents, if desirous of being present, make up into separate packets, scaled with his own seal and the seals of the candidates or their agents if they desire to affix their seals-
(a) The unused and spoilt ballot papers placed together; and (b) The marked copies of the register of voters and the
counterfoils of the ballot papers; and
(c) The packet containing the tendered ballot papers and the
tendered votes list;
(2) The ballot boxes unopened shall be secured by the presiding officer and sealed with his seal and with the seals of the candidates or their agents, if they desire to affix their seals, in such manner that the box cannot be opened and nothing can be inserted therein without breaking the seals.
(3) The presiding officer shall dispatch each such packet and the ballot box in safe custody to the returning officer.
67.-(1) Each candidate may appoint an agent to attend the counting of the votes. Provided that written notice of the name and address of the agent so appointed shall be given by the candidate to the returning officer.
(2) The returning officer shall make arrangements for counting the votes in the presence of each candidate or of his agent as soon as practicable after he has received all the ballot boxes relating to any constituency, and for that purpose shall give notice in writing to each candidate or if the candidate has appointed an agent to his agent of the time and place at which he will begin to count the votes.
(3) The returning officer, his assistants and clerks, and the candidates and their agents but no other person, except with the sanction of the returning officer, may be present at the counting of the votes.
(4) Before the returning officer proceeds to count the votes, he or a person authorised by him shall, in the presence of the candidates or their agents, open each ballot box, and, taking out the papers therein, shall count and record the number thereof, and then mix together the whole of the ballot papers contained in the ballot boxes. The returning officer or other person, while counting and recording the number of ballot papers and counting the votes shall keep the ballot papers with their faces upwards, and take all proper precautions for preventing any person from seeing the numbers printed on the back of such papers.
(5) The returning officer shall endorse "rejected" on any ballot paper which he may reject as invalid.
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(6) 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.
(7) 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 accredited agent a recount shall be made before the returning officer makes the declaration.
(8) When an equality of votes is 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 presence of the returning officer in such manner as he shall determine.
(9) Upon the completion of the counting, and after the result has been declared by him, the returning officer shall seal up the ballot papers and all other documents 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.
(10) A judge of the Supreme Court may make an order that any ballot paper or other document relating to an election be inspected, copied, or produced at such time and place and subject to such conditions as the judge shall deem expedient, but shall not make such an order unless he is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connection with the election.
Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document after it has been scaled up in pursuance of sub-clause (9).
68. (1) The returning officer shall reject as invalid the following Votes to be ballot papers only, viz. :—
rejected. Any ballot paper—
(a) which is not stamped or perforated with the official mark; or (b) on which, except as provided by Article 61 (2), votes are
given for more than one candidate; or
(c) on which anything, except the number printed on its back, is written or marked by which the voter can be identified; or
(d) which is not marked by the voter; or
(e) which is marked by the voter in such a manner that the returning officer is unable to decide with reasonable certainty whether or not the voter intended to record his vote, or is unable to decide with reasonable certainty for which candidate the voter intended to vote.
(2) Before rejecting a ballot paper the returning officer shall show it to each candidate or his agent and hear his views thereon, taking all proper precautions to prevent any person from seeing the number printed on the back of the paper.
(3) The decision of the returning officer whether or not any ballot paper shall be rejected under the Article shall be final and shall not be questioned on an election petition.
69. The returning officer shall without delay report the result Publication of of the election to the Colonial Secretary, who shall cause the name
result in Gazette.
of the member or members elected to be published in the Government Gazette,
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D3
PUBLIC RECORD OFFICE
Reference :-
C.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO