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

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(a) the name <strong>of</strong> the constituency,<br />

117<br />

(b) the particulars <strong>of</strong> the polling station where the ballot papers have been used,<br />

(c) the name <strong>of</strong> the candidate to whom the ballot box was allotted, and<br />

(d) the date <strong>of</strong> counting.<br />

(2) The returning <strong>of</strong>ficer shall then place together all the packets made up under sub-rule (1) in respect<br />

<strong>of</strong> each candidate in a separate container which shall be sealed with the seals <strong>of</strong> the returning <strong>of</strong>ficer and <strong>of</strong><br />

such <strong>of</strong> the candidates, their election agents or their counting agents as may desire to affix their seals thereon<br />

and on the container so sealed shall be recorded the following particulars, namely:—<br />

(a) the name <strong>of</strong> the constituency,<br />

(b) the names <strong>of</strong> the candidates, and<br />

(c) the date <strong>of</strong> counting.]”.<br />

1 [59A.<br />

2 [Counting <strong>of</strong> votes in specified constituencies.—Where the <strong>Election</strong> Commission<br />

apprehends intimidation and victimisation <strong>of</strong> electors in any constituency and it is <strong>of</strong> the opinion that it is<br />

absolutely necessary that the ballot papers taken out <strong>of</strong> all boxes used in that constituency should be mixed<br />

before counting, it may, by notification in the Official Gazette, specify such constituency and for counting <strong>of</strong><br />

such ballot papers, in lieu <strong>of</strong> rules 55, 56, 57 and 59, the following rules shall apply], namely:—<br />

‘55B. Scrutiny and opening <strong>of</strong> ballot boxes.—(1) The returning <strong>of</strong>ficer shall open, or cause to be<br />

opened, simultaneously the ballot box or boxes used at more than one polling station and shall have the<br />

total number <strong>of</strong> ballot papers found in such box or boxes counted and recorded in Part <strong>II</strong> <strong>of</strong> From<br />

16:<br />

Provided that discrepancy, if any, between the total number <strong>of</strong> such ballot papers recorded as<br />

aforesaid and the total number <strong>of</strong> ballot papers shown against item No. 5 <strong>of</strong> Part I shall also be<br />

recorded in Part <strong>II</strong> <strong>of</strong> Form 16.<br />

(2) Before any ballot box is opened at a counting table, the counting agents present at that table<br />

shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and<br />

to satisfy themselves that it is intact.<br />

(3) The returning <strong>of</strong>ficer shall satisfy himself that none <strong>of</strong> the ballot boxes has in fact been<br />

tampered with.<br />

(4) If the returning <strong>of</strong>ficer is satisfied that any ballot box has in fact been tampered with, he<br />

shall not count the ballot papers contained in that box and shall follow the procedure laid down in<br />

section 58 in respect <strong>of</strong> that polling station.<br />

56B. Counting <strong>of</strong> votes.—(1) Subject to such general or special directions, if any, as may be<br />

given by the <strong>Election</strong> Commission in this behalf, the ballot papers taken out <strong>of</strong> all boxes 2 [used at more<br />

than one polling station in a constituency,] shall be mixed together and then arranged in convenient<br />

bundles and scrutinised.<br />

__________________________________________________________________________________________<br />

1. Ins. by Notifn. No. S.O. 958(E), dated the 17th November, 1989, for rule 59A.<br />

2. Subs. by Notifn. No. S.O. 105(E), dated the 15th February, 1993, for certain words.

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