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State of Madhya Pradesh - Section

Section 72 in The M.P. Nagarpalika Nirvachan Niyam, 1994

72. Recount of votes.

(1)After an announcement has been made by the Returning Officer of the total number of votes polled by each candidate under sub-rule (3) of Rule 69, a candidate or in his absence his election agent may apply in writing to the Returning Officer to recount the votes either wholly or in part, stating the grounds on which he demands such recount.
(2)On such an application being made, the Returning 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.
(3)Every decision of the Returning Officer under sub-rule (2) shall be in writing and contain the reasons therefor.
(4)If the Returning Officer decides under sub-rule (2) to allow an application either in whole or in part he shall-
(a)count or cause to be counted the ballot papers again in accordance with his decision;
(b)amend the result sheet in Form 22 to the extent necessary after such recount; and
(c)announce the amendments so made by him.
(5)After the total number of votes polled by each candidate has been announced under sub-rule (3) of Rule 69 or under sub-rule (4) the Returning Officer shall complete and sign the result sheet and no application for a recount shall be entertained thereafter :Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (1).
(6)[ All valid ballot papers shall be bundled together and kept alongwith the bundle of rejected ballot papers in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :-
(a)the name of the Municipality and the nomenclature of the seat to which the ballot papers relate, such as Mayor, President or Councillor.
(b)The number of ward in the case of election of a Council.
(c)The number of the polling station where the ballot papers have been used; and
(d)The date of Counting,]