In the case of an election where votes are to be taken-(1)the names of the duly nominated candidates shall be published by the Returning Officer in the Bihar Gazette and in such other manner as he thinks fit.(2)A voting paper in Form B annexed to these Rules shall be issued to each person whose name is borne on the Electoral Roll referred to in Rule 3, by registered post, according to the address reported up to the date preceding the first day of the period fixed in the notification under Rule 2 for receiving nomination papers. A cover addressed to the Returning Officer and an identification envelope with the particulars specified in Form C annexed to these Rules printed on its back shall be sent along with every voting paper.(3)A person whose name is borne on the Electoral Roll and whose voting paper together with other connected papers has not already been despatched by post, or having been despatched has been returned by the post office undelivered, or whose voting paper or any other connected paper has been lost, or has been inadvertently spoilt in such manner that it cannot be conveniently used as such, may appear personally before the Returning Officer and make a statement to that effect to take his voting paper, cover and identification envelope or a duplicate copy of the voting paper or other connected papers, as the case may be, and the Returning Officer may, on being satisfied as to the facts of such statement and to his identity and on a receipt given by him, hand over to such person, his voting paper, cover and identification envelope or a duplicate copy of the voting paper or other connected papers, as the case maybe.(4)No duplicate copy of voting paper, cover or identification envelope shall be issued in any circumstances otherwise than under clause (3) and no election shall be invalidated by reason of the non-receipt by any elector of a voting paper, cover or identification envelope.(5)On receipt of the voting paper, cover and identification envelope sent under clause (2), the elector shall, if he desires to vote in the election, record his vote on the voting paper in accordance with the instructions printed thereon and fill up the form printed on the back of the identification envelope and shall place the voting paper in the identification envelope, close the identification envelope and enclose it in the cover and either hand the cover over to the Returning Officer personally, or send it by post. Voting papers sent otherwise shall not be accepted.(6)Voting papers received after the hour and date mentioned in the notification referred to in Rule 2, or, as the case may be, after such other subsequent date as may be fixed by the Returning Officer, shall be rejected. Votes recorded in any paper or form other than the voting paper supplied, shall not be accepted.(7)Each elector has as many votes as the number of seats for which the election is held; and he shall record his vote by putting a cross-mark in ink against the name of each of the persons for whom he votes and in the column provided for it in the voting paper (Form B). If he records votes for more persons than the number of seats for which the election is held, his voting paper shall be rejected.Explanation.-An elector may record his votes for a lesser number of candidates than there are seats.(8)A voting paper shall not be signed by the elector; nor shall the elector write or mark anything on a voting paper other than the cross-marks to indicate his votes. A voting paper in which votes have been recorded in contravention of this sub-rule shall be rejected.(9)A voting paper in which a mark is placed in such a manner as to make it doubtful to which candidate the vote is given, or in which the elector has placed any mark whereby he may be afterwards identified, or in which an alteration or erasure occurs indicating a change of vote shall be invalid and shall be rejected.(10)The back of the identification envelope shall be filled up in all particulars mentioned in the form printed therein. Identification envelopes not so filled up and the voting papers contained thereon shall be rejected.(11)The counting of votes shall take place on the date and at the time and place fixed in the notification under Rule 2 or on such other subsequent date as may be fixed in this behalf by the Returning Officer and the Returning Officer shall be present at the time of the counting of votes.(12)Every candidate may be present in person or send one representative duly authorised by him in writing to watch the process of the counting of votes; and may inspect the identification envelopes, whether rejected or accepted, or the voting papers when taken out of the accepted envelopes but shall not see an identification envelope after the voting paper in it has been taken out.(13)The Returning Officer shall decide any objection that may be raised at the time of the counting of votes regarding any identification envelope, or voting paper and endorse the word "rejected" and the ground of rejection on every voting paper or identification envelope containing voting paper declared invalid and rejected by him and shall-(a)count or cause to be counted the valid votes given to each candidate, and(b)seal up in separate packets the counted and rejected voting papers and the rejected identification envelopes containing voting papers, and record on each such packet description of its contents and the date of the election to which it refers.(14)When the counting of votes has been completed, the Returning Officer shall declare the candidate or candidates having the largest number of valid votes as duly elected.(15)When an equality of votes is found between two or more candidates and the addition of a vote will entitle any of these 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 lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.
