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State of Himachal Pradesh - Section

Section 90 in Himachal Pradesh Municipal Election Rules, 2015

90. Method of voting at the election of President.

(1)The procedure of voting at the election of President shall be as under :-
(a)before issuing the ballot papers to the members, the Presiding Officer shall put his signatures on the back of each ballot paper in token of distinguishing mark;
(b)the member on receipt of the ballot paper shall make a cross mark (x) against the name of the candidate for whom he intends to vote;
(c)after marking cross(x), the member shall fold the ballot paper so as to conceal his vote; and,
(d)the member shall insert the folded ballot paper into the ballot box kept for the purpose in front of the Presiding Officer.
(2)after polling is over, the Presiding Officer shall open the ballot box and shall, in the presence of the members, count the votes.Explanation. - For determining whether a vote polled is valid or invalid the provisions of rule 79 shall apply.
(3)A candidate obtaining largest number of valid votes shall be declared to be elected to fill the office:Provided that if, after the counting of votes tie is found to exist between any candidate, the addition of one vote will entitle any of these candidate to be declared elected, that shall forthwith be decided between these candidates by lot, and the candidate on whom the lot falls shall be considered to have received an additional vote and shall be declared to be duly elected.
(4)All ballot papers used for such voting, shall be put in a stout envelope and sealed by the Presiding Officer in full view of the members present there at and the description of the election to which the ballot papers relate shall be inscribed thereon. The Deputy Commissioner shall preserve the envelope, intact either in his office or at such other place as he may specify in writing until the expiry of one year from the date of election subject to any direction to the contrary given by the competent court or Commission or an officer authorized/appointed to hold an enquiry into an election petition under Chapter XVII of the Act.
(5)The Deputy Commissioner shall prepare and forward the return of election in form49 to the State Government as well as to the Commission for information and record.
(6)The State Government on receipt of the election return under sub-rule (5) shall notify the election of the President as required under sub-section (1) of section 27 of the Act and forward a copy of the same to the Commission.