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Union of India - Section

Section 54 in Conduct of Elections Rules, 1961

54. Maintenance of secrecy of voting.

- The returning officer shall, before he commences the counting, read out the provisions of section 128 to such persons as may be present.[54-A. Counting of votes received by post. [Inserted by S.O. 3662, dated 12.10.1964. ]
(1)The returning officer shall first deal with the postal ballot papers in the manner hereinafter provided.
(2)No cover in Form 13-C received by the returning officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.
(3)The other covers shall be opened one after another and as each cover is opened, the returning officer shall first scrutinise the declaration in Form 13-A contained therein.
(4)If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form 13-B, that cover shall not be opened, and after making an appropriate endorsement thereon, the returning officer shall reject the ballot paper therein contained.
(5)Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form 13-C and all such covers in Form 13-C shall be kept in a separate packet which shall be sealed and on which shall be recorded the name of the constituency, the date of counting and a brief description of its content.
(6)The returning officer shall then place all the declarations in Form 13-A which he has found to be in order in a separate packet which shall be sealed before any cover in Form 13-B is opened and on which shall be recorded the particulars referred to in sub-rule (5).
(7)The covers in Form 13-B not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the returning officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon.
(8)A postal ballot paper shall be rejected-]
(a)[ if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or] [ Inserted by S.O. 5573, dated 23.12.1971.]
(aa)[] [ Clause (a) reletterd as Clause (aa) by S.O. 5573, dated 23.12.1971.][if no vote is recorded thereon; or [Inserted by S.O. 3662, dated 12.10.1964. ]
(b)if notes are given on it in favour of more candidates than one; or
(c)if it is a spurious ballot paper; or
(d)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(e)if it is not returned in the cover sent along with it to the elector by the returning officer.
(9)A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.
(10)A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(11)The returning officer shall count all the valid votes given by postal ballot in favour of each candidates, record the total thereof in the result sheet in Form 20 and announce the same.
(12)Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agent or counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the name of the constituency, the date of counting and a brief description of its contents.]