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State of Rajasthan - Section

Section 64 in The Rajasthan Municipalities (Election) Rules, 1994

64. Rejection of ballot papers.

(1)The returning officer shall reject the ballot paper if:-
(i)it bears any mark or writing by which the voter can be identified,
(ii)it is void for uncertainty,
(iii)no vote is recorded thereon,
(iv)if it bears a mark against more than one candidate,
(v)it bears the mark elsewhere than the space provided,
(vi)it bears a mark made otherwise than with the instrument supplied for the purpose,
(vii)the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which candidate the vote has been given,
(viii)it is a spurious ballot paper,
(ix)it is so damaged or mutilated that its identity as genuine ballot paper cannot be established.
(x)it bears a serial number or is of the design different from the serial number or as the case may be, design of the ballot paper authorised for use at a particular polling station.
(xi)it does not bear both the mark and the signature which it should have borne under the provisions of rule 35 :
Provided that if the returning officer is satisfied that any defect as is mentioned in (x) & (xi) has been caused by any mistake or failure on the part of the presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:Provided further that the ballot paper shall not be rejected merely on the ground that the mark indicating the vote is in- distinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the ballot paper is marked.
(2)Before rejecting any ballot paper under sub-rule (1), the returning officer shall allow each candidate or his election agent or counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle any ballot paper.
(3)The returning officer shall endorse on every ballot paper which he rejects the word "rejected" and the grounds of rejection in abbreviated from either in his own hand or by means of a rubber stamp and shall initial such endorsement.
(4)All ballot papers rejected under this rule shall be bundled together.
(5)The decision of the returning officer as to the rejection of ballot paper or otherwise shall be final.
(6)Every ballot paper which is not rejected under this rule shall be counted as valid vote.