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

1 [eighteen] years of age who is able to read the ballot paper and record the vote thereon on
behalf of, and in accordance with the wishes of, the elector and, if necessary, to fold the ballot
paper so as to conceal the vote and insert it into the ballot box:
Provided that no person shall be permitted to act as the companion of more than one
elector at any polling station on the same day:
Provided further that before any person is permitted to act as the companion of an
elector on any day under this rule, the person shall be required to declare that he will keep
secret the vote recorded by him on behalf of the elector and that he has not already acted as the
companion of any other elector at any polling station on that day:
2 [Provided also that at an election by assembly members no such companion shall be
an elector at that election.]
(2) The presiding officer shall keep a record in Form 14A of all the cases under this rule.
(3) The presiding officer shall, when he is so requested by the companion of an
elector, explain to him the instructions for the recording of votes.]";
(iii) in lieu of rule 44, the following rule shall apply:—
"44B. Sealing of ballot box after poll.—As soon as practicable after the close of the poll,
the 3 [presiding officer] shall, in the presence of any polling agents who may be present, close the
slit for insertion of ballot papers of each ballot box or where the box does not contain any
mechanical device for closing the slit, seal up the slit and secure the ballot box:
Provided that it shall not be necessary to seal the slit or secure the ballot box if the
counting of votes is to begin immediately after the close of the poll.";
4 [(iv) in rule 46, in sub-rule (1), in lieu of clauses (b) and (c), the following clauses shall
apply:—
"(b) the ballot papers signed in full by the presiding officer under sub-rule (1) of
rule 38A but not issued to the voters;
(c) the ballot papers cancelled for violation of voting procedure under rule
39A."].
PART VII
Counting of votes at Elections by Assembly Members or in Council
Constituencies
131
71. Definitions.—In this Part,—
(1) "continuing candidate" means any candidate not elected and not excluded from the poll at any
given time;
(2) "count" means—
candidates; or
(a) all the operations involved in the counting of the first preferences recorded for
(b) all the operations involved in the transfer of the surplus of an elected candidate ; or
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1. Subs. by Notifn. No. S.O. 542 (E), dated the 13th July, 1989.
2. Added by Notifn. No. S.O. 5573, dated the 23rd December, 1971.
3. Subs. by Notifn. No. S.O. 2912, dated the 21st August, 1964.
4. Subs. by Notifn. No. S.O. 286(E), dated the 8th May, 1974, for cl. (iv).
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