Section 68 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
68. Counting of ballot papers.
(1)The counting of votes shall commence on the day and at the place and hour fixed under rule 23, votes shall be counted by or under the supervision of the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] and the Election Agent of each candidate and one representative of each candidate, authorized in writing by the candidate shall have a right to be present at the time of counting. No other person shall be allowed to be present except such persons as the Election Officer may appoint to assist the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] in counting votes and no person shall be appointed to assist in counting the votes who has been employed by or an behalf of any candidate for any purpose whatsoever connected with the election.(2)The [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall, before he commences to count the votes read the provisions of Section 128 of Representation of the People Act, 1951 to such person as may be present, and shall then proceed as follows(a)Before any ballot box is opened at a counting table, the counting agents present at the table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is in tact. The [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall satisfy himself that none of the ballot boxes has in fact been tampered with;(b)The ballot box or boxes and all envelopes which may have been received under rule 51 for a particular ward shall be opened one after another. The [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall take out the ballot papers therefrom and count them in order of the serial number of names of candidates appearing in the ballot paper;(c)If the election Agent of any candidate, before declaration of the result of election, requests in writing to the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] to re-examine and recount the votes, the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall upon such request re-examine and recount the same without delay. The [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] may, however, re-examine and recount the votes suo motu either once or more than once in any case in which he is not satisfied as to the accuracy of any previous count;Provided that nothing in this clause shall make it obligatory on the part of the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] to re-examine or recount the same votes more than once.(3)(a)The [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall allow the candidates and their agents to inspect without handling all ballot papers which is rejected. If any candidate or agent present questions the correctness of the rejection he shall also record on the ballot paper the grounds for the rejection.(b)Each ballot paper not rejected under rule 72 shall be deemed as a valid vote and shall be counted as one valid vote.(c)The votes polled by each candidate shall be registered in Form XXV and any candidate or his agent after the result of election has been declared by the [Returning Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] under rule 73, shall on application be permitted to take a copy of the return.(d)The valid ballot papers found in each ballot box shall thereafter be bundled together and kept alongwith the bundle of rejected ballot papers, if any found in that box,in a separate packet which shall be sealed and on which shall be recorder the name of Municipal Corporation, ward number and the date of counting.
