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State of Andhra Pradesh - Section

Section 8 in Andhra Pradesh Municipal Councils (Constitution of Wards Committees, Election of Chair Persons, Powers and Functions etc.) Rules, 1995

8.

(1)At the place set apart for voting, the Secretary shall provide a ballot box and voting compartment. The ballot box shall be so constructed that the ballot papers can be inserted therein but cannot be withdrawn therefrom without the box being unlocked.
(2)The Secretary shall immediately before the voting is taken, show the ballot box empty to such members as may be present so that they may see that it is empty and shall then lock it up and place his seal upon it in such manner as to prevent its being opened without breaking such seal. The ballot box shall then be kept in full view of those present at the meeting.
(3)Every member wishing to vote shall be supplied with a ballot paper in the Form I on which the Secretary shall have, before its supply, affixed a stamp and signed on the reverse pertain thereon so as to indicate its authenticity.
(4)No member shall be allowed to enter the voting compartment when another member is inside the compartment.
(5)If owing to blindness or other physical infirmity a member is unable to recognise the symbols on the ballot paper or to make a mark thereon, the Secretary shall record vote on the ballot paper in accordance with the wishes of the member, fold it so as to conceal the vote and insert it into the ballot box.
(6)While acting under sub-rule (5) the Secretary shall observe such secrecy as is feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been given.
(7)After all the members present at the meeting have voted, the Secretary shall close the poll and take up counting of the votes.
(8)The Secretary shall then open in the presence of the members present the ballot box, take out the ballot papers therefrom, count them and record the number thereof in a statement. A ballot paper shall be rejected if--
(a)the mark is not made thereon;
(b)it bears any mark by which a voter can be identified;
(c)it does not bear the signature of the Secretary;
(d)the mark is set opposite the name of more than one candidate so as to render it doubtful to which candidate it is intended to apply;
(e)it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(f)it bears more marks than the vacancies to be filled up.
(9)The Secretary shall then declare the results in accordance with the following instructions--
(i)if there are only two candidates, the one who secures the higher number of votes shall be declared to have been elected. In the event of there being an equality of votes between the two candidates, the Secretary shall draw lots in the presence of members present and the candidate whose name is first drawn shall be declared to have been duly elected;
(ii)if there are more than two candidates, the one who obtains the lowest number of votes shall be eliminated and the voting be taken again. If there is an equality of votes among all the candidates or if two or more candidates lowest on the list have obtained an equal number of votes the Secretary shall decide by drawing lots in the presence of members present, which of such candidates shall be eliminated. The elimination shall be repeated until two candidates only are left, then voting shall be taken for the last time and the candidate who secured the higher number of votes shall be declared to have been duly elected. In the event of there being an equality of votes at the final stage between the two remaining candidates the Secretary shall draw lots in the presence of the members present and the candidate whose name is first drawn, shall be declared to have been duly elected.