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State of Odisha - Section

Section 55 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994

55. Spoilt and returned ballot paper.

(1)An elector, who has inadvertently dealt with his ballot paper in such a manner that if cannot conveniently be used as a ballot paper may, on delivering it to the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.], and after satisfying him of the inadvertence, be given another ballot paper and the ballot paper returned by the elector shall be marked "Spoilt Cancelled" by the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.].
(2)If an elector after obtaining a ballot paper decides not to use it he shall return it to the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] and ballot paper so returned shall be marked as "Returned Cancelled" by the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.].
(3)If any ballot paper which has been issued to an elector has not been inserted by him into the ballot box but is found anywhere in or near the polling station, whether within or outside the voting compartment it shall be deemed to have been returned to the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] under Sub-rule (2) and shall be dealt with accordingly.