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State of Maharashtra - Section

Section 60 in The Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971

60. Recount of votes.

(1)After the completion of the counting, the Returning Officer shall record in the result sheet in Form XI, the total number of votes polled by each candidate and announce the same:Provided that, when an equality of votes is found to exist between any candidates either for the reserved or the unreserved seats and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person or persons to whom such an additional vote shall be deemed to have been given shall be made by lots to be drawn in the presence of the Returning Officer and the candidates who may desire to be present, and in such manner as the Returning Officer may determine.
(2)After such announcement has been made, a candidate or, in his absence, his Election Agent may apply in writing to the Returning Officer for a recount of all or any of the ballot papers already counted stating the grounds on which he demands such recount.
(3)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.
(4)Every decision of the Returning Officer under sub-rule (3), shall be in writing and contain the reasons therefor.
(5)If the Returning Officer decides under sub-rule (3) to allow an application either in whole or in part, he shall -
(a)count the ballot papers again in accordance with his decision:
(b)amend the result sheet in Form XI to the extent necessary after such recount; and
(c)announce the amendment so made by him.
(6)After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the Returning Officer shall complete and sign the result sheet in Form XI 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 (2).