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

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58. Counting of ballot papers transferred to bags or covers under rule 44.—The provisions of
rules 55, 56 and 57 shall apply so far as may be in relation to counting of ballot papers and votes, if any,
which have been transferred from ballot boxes to cloth bags or cloth-lined covers under sub-rule (5) of rule
44:
Provided that every reference in the said rules to a ballot box shall be construed as a reference to a bag or
cover to which the contents of a ballot box have been transferred.
59. Counting of votes at notified polling stations.—In relation to the counting of ballot papers found
in ballot boxes used at notified polling stations, 1 [rules 50 to 54] and, in lieu of rules 55, 56 and 57, the
following rules shall apply, namely:—
"55A. Scrutiny and opening of ballot boxes.—(1) All ballot boxes used at a notified polling
station shall be opened at the same time but every ballot box shall be dealt with in such manner that
its contents do not get mixed up with the contents of any other ballot box.
(2) Subject to the provisions of sub-rule (1), the returning officer may have the ballot boxes
used at more notified polling stations than one opened and their contents counted simultaneously.
(3) Before any ballot box is opened, the counting agents present shall be allowed to inspect the
paper seal or any other seal that might have been affixed thereon and to satisfy themselves that it is
intact.
(4) The returning officer shall satisfy himself that none of the ballot boxes has in fact been
tampered with.
(5) If the returning officer is satisfied that any of the ballot boxes has in fact been tampered with,
he shall not count the ballot papers contained in any of the ballot boxes used at the polling station at
which such box was used and shall proceed as laid down in section 58 in respect of that polling
station.
(6) After each ballot box is opened, the counting agents present shall be allowed to inspect the
ballot box and satisfy themselves that it bears the proper symbol inside and has been duly marked in
accordance with the provisions of sub-rule (6) of rule 33 as modified by clause (c) of sub-rule (3) of
rule 49.
(7) If any question arises as to the candidate to whom a particular ballot box was allotted at
the poll, the returning officer shall decide such question by a reference to the symbol inside the box:
Provided that—
(a) if there is no symbol inside the box, or
(b) if the symbol inside the box has been damaged or mutilated beyond recognition, or
(c) if the same symbol is found on two or more boxes used at the same polling station,
the returning officer, shall, wherever possible, decide the question by reference to all
relevant circumstances including the distinguishing marks on the ballot box, and where he
does not consider it possible to decide the question, he shall immediately refer it to the
Election Commission for its decision.
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1. Subs. by Notifn. No. S.O. 5573, dated the 23rd December, 1971.