Section 78 in The Orissa Municipal Corporation Act, 2003
78. Procedure at election.
(1)If in a ward, the number of duly nominated candidates after withdrawal of candidature if any, is more than one a poll shall be taken.(2)Votes shall be given by secret ballot and in person.(3)[ At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Returning Officer and each contesting candidate or, in his absence, a representative duly authorised by him in writing, shall have a right to be present at the time of counting.(4)The counting of votes shall be on such day, place and hour as may be prescribed.(5)When the counting of the votes has been completed, the Returning Officer shall, in the absence of any direction by the Election Commission to the contrary, forthwith declare the result of the election in the manner as may be prescribed.] [Substituted vide O.G.E. No. 1862 dated 8.12.2003 (O.A. No. 19 of 2003).](6)Where an equality of votes is found between the candidates and the addition of one vote will entitle any of the candidate to be declared elected, the determination of the person to whom such additional vote shall be deemed to have been given shall be made by a lot to be drawn in the presence of the Returning Officer and the candidates or their representatives who may be present and in such manner as the Returning Officer may determine.(7)The Returning Officer shall, without delay, report the result of the election to the Election Commission, and the name of the candidate elected in either case shall be published by the Election Commission in the Gazette.Explanation. - In this section -(a)"Returning Officer" means a Returning Officer appointed as such by the Election Commission for every ward and includes an Assistant Returning Officer appointed to assist the Returning Officer; and(b)"Voter on election duty" means any Presiding Officer, Polling Officer, other public servant or polling agent who is a voter and is, by reason of his being on election duty, unable to cast vote at the Polling Station where he is entitled to cast his vote.
