THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

134. Destruction, loss etc., of ballot papers at the time of counting.— (1) If, at anytime before the counting of votes is completed any ballot paper used at a polling station or at a placefixed for the poll is unlawfully taken out of the custody of the Returning Officer or is accidently orintentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of thepoll at the polling station or place cannot be ascertained, the Returning Officer shall forthwith report thematter to the State Election Commission.(2) Thereupon, the State Election Commission shall, after taking all material circumstancesinto account, either. –(a) direct that the counting of votes shall be stopped, declare the poll at that pollingstation or place to be void, appoint a day, and fix the hours, for taking a fresh poll at thatpolling station or place and notify the date so appointed and hours so fixed in such manner asit may deem fit; or(b) if satisfied that the result of a fresh poll at that polling station or place will not, in anyway, affect the result of the election, issue such directions to the Returning Officer as it maydeem proper for the resumption and completion of the counting and for the further conductand completion of the election in relation to which the votes have been counted.(3) The provisions of this act and of any rules or orders made thereunder shall apply toevery such fresh poll as they apply to the original poll.135. Equality of votes.— If, after the counting of the votes is completed, an equality ofvotes is found to exist between any candidates, and the addition of one vote will entitle any ofthese candidates to be declared elected, the Returning Officer shall forthwith decide betweenthose candidates by lot, and proceed as if the candidate on whom the lot falls received anadditional vote.136. Declaration of results.— When the counting of the votes has been completed, theReturning Officer shall, in the absence of any direction by the State Election Commission to thecontrary forthwith declare the result of the election in the manner provided by this Act or therules made thereunder.137. Report of the result.— As soon as may be after the result of an election has beendeclared, the Returning Officer shall report the result to the Municipality concerned, to the StateElection Commission and to the Government and the State Election Commission shall cause tobe published in the Gazette the declarations containing the names of the elected candidates. Thename or names of the elected candidate or candidates shall also be published on the notice boardof the Municipality concerned.138. Date of election of candidates.— For the purposes of this Act, the date on whicha candidate is declared by the Returning Officer under the provisions of section 125 or section136 to be elected to a Municipality shall be the date of election of that candidate.139. Publication of results of general elections to the Municipality.— Where ageneral election is held for the purpose of constituting or reconstituting a Municipality, there shallbe notified by the State Election Commission in the Gazette, as soon as may be, after the resultsof the elections in all the wards, other than those in which the poll could not be taken for anyreason on the date originally fixed under clause (d) of section 105 or for which the time forcompletion of the election has been extended under the provisions of section 200 have beendeclared by the Returning Officer under the provisions of section 125 or, as the case may be,section 136, the names of the members elected for those wards and upon the publication of such