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State of Uttar Pradesh - Section

Section 12 in The U.P. Antarim Zila Parishad (Election of Representatives of Gaon Sabhas) Rules, 1961

12. Counting of votes.

(1)As soon as the poll is. closed or at a later hour which shall be announced; by the Returning Officer at the time of close of the poll, the Returning Officer shall, in the presence of the candidates and their election agents and the Pradhans who may be present proceed to count the votes in the following manner:
(i)The Returning Officer shall open the ballot box and take out therefrom the ballot papers and examine them.
(ii)The Returning Officer shall reject a ballot paper if it bears any mark or writing by which the elector can be identified, or if it is a spurious ballot paper, or if it has been so damaged or mutilated that its identity as a genuine ballot paper cannot be established or if votes arc given on it in favour of more candidates than there are seats to be filled or if no votes is recorded thereon.
(iii)A vote recorded in a ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as too make it doubtful to which candidate the vote has been given:
Provided that where more than one seat is to be filled and a ballot paper has not been rejected under the preceding sub-clause the vote or votes other than the rejected shall be duly counted.
(iv)The Returning Officer shall ascertain the number of valid votes cast in favour of each candidate and declare the candidate obtaining the highest number of votes as duly elected : Provided that if two seats if are to be filled then he will be duly elected the two candidates obtaining the highest number of voles.
(2)The Returning Officer shall place in separate covers the valid and rejected ballot papers and seal and secure such covers.
(3)If after the counting of the voles is completed, and equality of votes is found to exist between the candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith deccide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
(4)As soon as may be after the declaration of electioin the Returning Officer shall prepare in writing under his signatures a return of election containing a list of the candidates and the votes secured by each of them and a declaration of the name or the names of candidates declared elected and report the result to the State Government and the Collector by sending to each a copy of such return. He shall also cause a copy of the return to be affixed on the notice board at the place of the polling.
(5)The Returning Officer shall also prepare a statement of account showing the total number of ballot papers received the number of ballot papers issued to the Pradhans, the number of unused ballot papers, the number of ballot paper found in the ballot box or ballot boxes at the time of counting and the number of ballot papers cancelled under sub-rules (6) and (7) of rule 10.