Section 38 in The Jharkhand Agricultural Produce Markets Rules, 2000
38. Counting of votes.
- (i) On the day and at the place and time fixed under clause (e) of rule 8 for the counting of votes and in the presence of candidates and their agents present, the Election Officer shall proceed as follows:-(a)before any ballot box is opened at a counting table, the candidate or their agents shall be allowed to inspect the seal or such other seals as might have been affixed thereon and to satisfy themselves that it is intact;(b)the Election Officer shall satisfy himself that none of the ballot boxes has in fact been tampered with;(c)If the Election Officer is satisfied that the ballot box has in fact been tampered with, he shall not count ballot papers contained in that box and shall follow the procedure laid down in rule 37; and(d)the ballot box or boxes relating to each polling station shall be opened one after another in the order of the number assigned to the polling booths and the Election Officer shall take out the ballot papers therefrom; count them or cause them to be counted and record the number thereof in Form XIII.(ii)The Election Officer shall reject a ballot paper-(a)if it bears any mark or writing by which the voter can be identified; or(b)if no vote is recorded thereon; or(c)if vote is given on it in favour of more than the number of candidates for whom votes should be given; or(d)If it is a spurious ballot paper; or(e)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or(f)if it bears a serial number or is of a design different from the serial number or as the case may be, design of the ballot paper authorised for use at the particular polling station; or(g)if it does not bear the initial of the Presiding Officer :Provided that where the Election Officer is satisfied that any such defect as is mentioned in clause (f) or clause (g) has been caused by any mistake or failure on the part of a Presiding Officer, or Polling 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 a vote is indistinct or bears marks of more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.(iii)Before rejecting any ballot paper under sub-rule (ii)-(a)the Election Officer shall allow the candidate or his agent present a reasonable opportunity to inspect the ballot papers but should not allow him to handle them or any other ballot papers;(b)the Election Officer shall record on every ballot paper which he rejects the word "Rejected" and briefly record the ground for rejection;(c)all ballot papers rejected under this rule shall be bundled together;(d)the vote recorded on every ballot paper which is not rejected under sub-rule (ii) shall be counted; and(e)a vote recorded on a ballot paper shall be rejected if the mark indicating the vote or votes thereon is placed on the ballot paper in such a manner as to make it doubtful to which candidate the vote or votes, has been given.
