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State of Odisha - Section

Section 41 in The Orissa Co-operative Societies (Elections to the Committees) Rules, 1992

41. Scrutiny and rejection of ballot papers.

(1)The ballot papers taken out of each ballot box shall be arranged in convenient bundles of a fixed number of ballot papers and scrutinised bundlewise.
(2)The Election Officer shall reject a ballot paper if
(a)it bears any mark of writing by which the voter can be identified; or
(b)no vote is recorded, thereon; or
(c)votes are given on it in favour of more than one candidate where only one candidate is to be elected; or
(d)the voter has recorded on the ballot paper more marks than he is required to make where more than one candidate is to be elected; or
(e)the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or
(f)it is a spurious ballot paper; or
(g)it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(h)it bears a serial number, or is of a design, different from the serial numbers or, as the case may be, design of the ballot papers authorised for use at the polling-station; or
(i)it does not bear mark and signature which it should have borne under the provisions of Sub-rule (3), Rule 25 :
Provided where the Election Officer is satisfied that any such defect as is mentioned in Sub-clause (h) or (i) has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect :Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is not distinct 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.
(3)Before rejecting any ballot paper under Sub-rule (2) the Election Officer shall allow each candidate and his Election and Counting Agent present, a reasonable opportunity to inspect the ballot paper.
(4)The Election Officer shall record on very ballot paper which he rejects the letter, "R" and the ground of rejection in abbreviated form either in his own hand, or by means of a rubber stamp.
(5)All ballot papers rejected under this rule shall be bundled together.