Manual of Election Law_Volume II - Home: Chief Electoral Officer ...

PART V
Counting of votes in Parliamentary and Assembly Constituencies
105
50. Definitions.—In this Part, unless the context otherwise requires,—
(a) "candidate" means a contesting candidate;
(b) "constituency" means a parliamentary or assembly constituency;
(c) "counting agent" means a counting agent duly appointed under section 47 and includes a
candidate and the election agent of a candidate when present at the counting;
(d) "notified polling station" means a polling station notified under rule 49;
(e) "polling station" means a polling station provided under section 25 other than a notified polling
station.
51. Time and place for counting of votes.—The returning officer shall, at least one week before the
date, or the first of the dates, fixed for the poll, appoint the place or places where the counting of votes will be
done and the date and time at which the counting will commence and shall give notice of the same in
writing to each candidate or his election agent:
Provided that if for any reason the returning officer finds it necessary so to do, he may alter the date,
time and place or places so fixed, or any of them, after giving notice of the same in writing to each candidate or
his election agent.
52. Appointment of counting agents and revocation of such appointments.—(1) The number of
counting agents that a candidate may appoint under section 47 shall, subject to such general or special
direction as the Election Commission may issue in this behalf, not exceed sixteen at the place or each of the
places, fixed for counting under rule 51.
(2) Every such appointment shall be made in Form 18 in duplicate, one copy of which shall be forwarded
to the returning officer while the other copy shall be made over to the counting agent for production before
the returning officer 1 [not later than one hour before the time fixed] for counting under rule 51.
(3) No counting agent shall be admitted into the place fixed for counting unless he has delivered to the
returning officer the second copy of his appointment under sub-rule (2) after duly completing and signing the
declaration contained therein and receiving from the returning officer an authority for entry into the place
fixed for counting.
(4) The revocation of appointment of a counting agent under sub-section (2) of section 48 shall be
made in Form 19 and lodged with the returning officer.
(5) In the event of any such revocation before the commencement of the counting of votes, the candidate
or his election agent may make a fresh appointment in accordance with sub-rule (2).
53. Admission to the place fixed for counting.—(1) The returning officer shall exclude from the place
fixed for counting of votes all persons except—
(a) 2 [such persons (to be known as counting supervisors and counting assistants)] as he may appoint
to assist him in the counting;
(b) persons authorised by the Election Commission;
(c) public servants on duty in connection with the election; and
(d) candidates, their election agents and counting agents.
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1. Subs. by Notifn. No. S.O. 3662, dated the 12th October, 1964, for certain words.
2. Subs. by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f 1-1-1969), for certain words.