CO885-11 — Page 258

PUBLIC RECORD OFFICE

Reference :-

C.O.882/11

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Contested election.

Presiding officers.

Registers of

voters to be

conclusive

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CONTESTED ELECTIONS.

55.—(1) If at the hour aforesaid and after deciding any objections which have been or may be lodged, more candidates stand nominated for any constituency than there are vacancies to be filled, the returning officer shall forthwith report to the Colonial Secretary that the election is contested and shall send copies of the nomination papers to the Colonial Secretary.

(2). Upon the receipt of such report the Governor shall cause to be published in the Government Gazette and also in such local newspapers as the Governor shall think fit a notice specifying-

(a) The constituency in which the election is contested; (b) The date on which the poll will be taken, which shall not be less than fourteen or more than 21 days after the date of publication of the notice in the Government Gazette;

(c) The names of the candidates as described in their respective nomination papers, and the names of their proposers and seconders;

(d) The places at which the poll will be taken, and the districts or the numbers of the voters on the register of voters allotted to each polling station.

(3) If after an election has been reported as contested one of the candidates nominated shall die before the poll has commenced, the Governor shall, upon being satisfied of the fact of such death, countermand the notice for the poll, and shall appoint in manner prescribed by Article 46 of this Order a fresh date for the election. In such case all proceedings with reference to the election shall be commenced afresh, provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.

56.-(1) The Governor shall appoint and may revoke the appointment of one or more persons, in these rules called "presiding officers," to preside at each polling station. Each presiding officer shall be supplied with a copy of the register of voters residing in the district or showing the numbers of the voters on such register assigned to his polling station.

(2) Several polling stations may be located in the same building. In such case the Governor may appoint one of the presiding officers to be the senior presiding officer who shall exercise general super- vision over the other presiding officers, and over all the polling stations in the building.

(3) If any presiding officer shall, by sickness or other cause, be prevented or disabled from acting at any election, and there shall not be time for another person to be appointed by the Governor, the presiding officer may appoint a deputy to act for him. Every such appointment shall as soon as possible be reported to the Governor and may be confirmed or disallowed by the Governor, but without prejudice to the validity of anything already done by such deputy.

(4) The returning officer may, if he think fit, preside at any polling station, and the provisions of this Order relating to a presiding officer shall apply to such returning officer with the necessary modifications as to things to be done by the returning officer to the presiding officer, or the presiding officer to the returning officer.

57.-1) The registers of voters for the time being in operation shall be conclusive evidence for the purpose of determining whether a person is or is not entitled to vote in a registration district for the evidence of right election of a member to represent the constituency to which such

register relates.

to vote.

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(2) But if any person who by reason of his conviction of a corrupt practice or an illegal practice or of the report of an election judge in accordance with the provisions of this Order is incapable of voting at the election shall vote at the election, he shall on summary conviction by a police magistrate be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for any period not exceeding 6 months.

58.-(1) No person shall be admitted to vote at any polling Admittance to station except the one allotted to him. Provided that where a voter polling stations. for any constituency is employed as a presiding officer or as a clerk at a polling station, and it is inconvenient for him to vote at the polling station in such constituency which has been allotted to him, the returning officer may authorise the voter, by a certificate under his hand, to vote at any other polling station in the constituency, and that polling station shall, for the purposes of this Article, be deemed to be the polling station allotted to such voter.

(2) Such certificate shall be given under the hand of the returning officer, and shall state the name of the voter, his number and description on the register of voters, and the fact that he is so employed as aforesaid.

(3) Unless the Governor, by notification in the Government Gazette appoint any other hour, the poll shall open at seven o'clock in the forenoon and shall close at six o'clock in the afternoon of the same day.

(4) The presiding officer shall keep order in his station, and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons, except the candidates, the clerks, the polling agent of each candidate, and the police officers on duty.

(5) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any, police officer in or near that station, or any other person authorised in writing by the returning officer to remove him; and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station during the day.

Any person so removed as aforesaid, if charged with the commission in such station of any offence, may be kept in custody until he can be brought before a police magistrate.

Provided that the powers conferred by this Article shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station from having an opportunity of voting at such station.

59.-(1) Every ballot box shall be so constructed that the Ballot boxes. ballot papers can be introduced therein, but cannot be withdrawn, therefrom without the box being unlocked,

(2) The presiding officer, immediately before the commencement of the poll, shall show the ballot box empty to such persons,

if

any,

as 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 sealed.

60. (1) Every ballot paper shall contain a list of the candidates Ballot papers. described as in their respective nomination papers and arranged alphabetically in the order of their surnames or last names.

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.

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CA