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State of Tamilnadu - Section

Section 31 in Tamil Nadu Local Bodies (Election of Members to the District Planning Committee) Rules, 1999

31. Rejection of ballot paper.

(1)A ballot paper shall be rejected -
(a)if no vote is recorded thereon; or
(b)if votes are given in favour of more candidates than the number of candidates to be elected; or
(c)if it bears any mark or writing by which the voter can be identified; or
(d)if the mark indicating the votes thereon is placed in such manner as it makes it doubtful to which candidate the vote has been given; or
(e)if it is a spurious ballot paper; or
(f)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(g)if it bears a serial number, or is of a design, different from the serial number or design, as the case may be, of the ballot papers authorised for use at that polling station; or
(h)if it does not bear both the distinguishing mark or the signature of the Presiding Officer which it should have borne under the provisions of sub-rule (2) of rule 23; or
(i)if it is not the relevant ballot paper; and
(j)if all votes are marked in an area outside the area intended for marking votes:
Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of the Presiding Officer, the ballot paper shall not be rejected merely on the ground of such defect:Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is not distinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(2)All ballot papers rejected under sub-rule (1) shall be made into separate bundle.
(3)The decision of the Returning Officer under this rule shall be final, subject only to the decision of the Election Court on an election petition.