39. [ Maintenance of secrecy of voting by electors within polling station and voting procedure. [Substituted by S.O. 1433, dated 19.4.1968. ]
(1)Every elector to whom a ballot paper has been issued under rule 38 or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.(2)The elector on receiving the ballot paper shall forthwith-(a)proceed to one of the voting compartments;(b)there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;(c)fold the ballot paper so as to conceal his vote;(d)if required, show to the presiding officer the distinguishing mark on the ballot paper;(e)insert the folded ballot paper into the ballot box; and(f)quit the polling station.(3)Every elector shall vote without undue delay.(4)No elector shall be allowed to enter a voting compartment when another elector is inside it.(5)If an elector to whom a ballot paper has been issued, refuses, after warning given by the presiding officer, to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the presiding officer or a polling officer under the direction of the presiding officer.(6)After the ballot paper has been taken back, the presiding officer shall record on its back the words "Cancelled: voting procedure violated" and put his signature below those words.(7)All the ballot papers on which the words "Cancelled: voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot papers: voting procedure violated".(8)Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5), may be liable, the vote, if any, recorded on such ballot paper shall not be counted.] [Inserted by S.O. 3662, dated 12.10.1964. ]
