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Union of India - Section

Section 45 in The Sikh Gurdwaras Committee Election Rules, 1959

45. Declaration of elected candidates and procedure in case of equality of votes. -

(1)The presiding officer shall forward the packets containing the valid and rejected ballot-papers and the result sheet in form VII referred to in rule 44 to the returning officer immediately.
(2)On the date fixed for the declaration of result, the returning officer shall open the covers containing the ballot-papers returned to him under rule 36, take out the ballot-paper from each such cover and shall scrutinize the same in the manner laid down in rule 34. The ballot-papers rejected by the returning officer shall be kept by him in a separate packet.
(3)The returning officer shall then count the votes recorded on the ballot-papers not rejected by him under sub-rule (2) and shall prepare a result sheet in form VII.
(4)After the counting of votes recorded on the ballot-papers have been completed and the entry in respect thereof made in form VII, the returning officer shall announce the particulars in such entry.
(5)After all the valid votes recorded on the ballot-papers have been counted, they shall be kept in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :-
(a)the name of the constituency;
(b)the names of the candidates; and
(c)the date of counting.
(6)The packet of rejected ballot-papers referred to in sub-rule (2) shall be sealed and the particulars specified in sub-rule (5) shall be recorded thereon.
(7)The returning officer shall then consolidate the result in from VIII from the result sheets received by him from all the presiding officers in the constituency and the result sheet prepared by him under sub-rule (3) and shall declare it in the following manner :-
(a)The candidates who are found to have obtained the largest numbers of valid votes up to the number of members to be elected shall be declared to have been elected;
(b)If, after the counting of votes, it is impossible to determine which candidates have obtained the largest numbers of votes up to the number of members to be elected, owing to the fact that two or more candidates have obtained an equal number of votes, the returning officer shall decide by lot which of such candidates shall be deemed to have been elected and shall declare them elected accordingly.