Section 51 in The Orissa Grama Panchayats Election Rules, 1965
51.
[(1)] [Re-numbered vide SRO No. 869/96, Orissa Gazette Extraordinary No. 1204, dated 18.11.1996.] Immediately after the close of counting, the Presiding Officer shall prepare separate bundles of all the papers, reports and unused ballot papers in respect of polling for the office of Sarpanch and polling for the membership of the Grama Panchayat arid forward two packets duly sealed to the Election Officer for the local area. It will be open for the candidates or their Polling Agents to affix their seals to the aforesaid packets. On the date fixed for declaring the result of elections to the office of Sarpanch, [or Ward Member, as the case may be] [Inserted vide Orissa Gazette Extraordinary No. 903, dated 15.5.2001 SRO No. 228/2001.], the Election Officer shall carefully total the election results received from different Presiding Officers [and count the ballot papers contained in the sealed packets received under Rule 92-G] [Inserted vide Orissa Gazette Extraordinary No. 903, dated 15.5.2001 SRO No. 228/2001.] in the presence of the candidates concerned, their polling agents as may be present and declare the results [of the Ward Member and the Sarpanch in Form No.8 and Form No. 8-B] [Substituted vide Orissa Gazette Extraordinary No. 2480 dated 21.12.2001.] after recording in a separate report the total number of votes polled by each contesting candidate. The candidates securing the largest number of votes shall be declared duly elected as the Sarpanch. In the case of an equality of votes, the result shall be decided by drawing lots and the candidate whose name is drawn first shall be declared elected:(2)[ After the declaration under Sub-rule (1) has been made, a candidate or, in his absence, his polling agent may apply in writing to the Election Officer to recount the votes either wholly or in part stating the grounds for such recounting.(3)On an application made under Sub-rule (2) the Election Officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.(4)Every decision of the Election Officer under Sub-rule (3) shall be in writing and contain the reasons therefor.(5)If the Election Officer decides under Sub-rule (3) to allow recounting of the votes either wholly or in part, he shall-(a)make the recounting in accordance with Rule 47;(b)make necessary corrections in the result sheet in Form No. 8-B to the extent necessary after such recounting; and(c)announce the result on the basis of corrections so made by him.][* * *] [Omitted vide SRO No. 869/96, Orissa Gazette Extraordinary No. 1204, dated 18.11.1996.]
