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State of Andhra Pradesh - Section

Section 56 in Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005

56. Grounds for rejection of ballot papers.

(1)The Election Officer shall reject a ballot paper, -
(a)if it bears any mark or writing by which the elector can be identified or
(b)if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or
(c)if votes are given on it in favour of more than one candidates, or
(d)if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or
(e)if it is a spurious ballot paper, or
(f)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or
(g)if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or
(h)if it does not bear both the mark and the signature which it should have borne under the provisions of Rule 37.
Provided that where the Election Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) 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 the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(2)Before rejecting any ballot paper under sub-rule (1), the Election Officer shall allow candidates and their counting agents present a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.
(3)The Election Officer shall endorse on every ballot paper which he rejects the word "rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement.
(4)All ballot papers rejected under this rule shall be bundled together.
(5)Every ballot paper which is not rejected under this rule shall be counted as one valid vote.Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.
(a)the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply; or
(b)the mark and some other figures or set opposite the name of the same candidate; or
(c)it bears any mark of writing by which the elector can be identified or
(d)is a spurious one; or
(e)it is so damaged or mutilated that its identity as a genuine ballot paper cannot be identified or
(f)bears the marks belonging to a ward different from that of the ballot box in which it is found; Provided that a ballot paper shall not be rejected under Clause (e) if the Election Officer is satisfied beyond reasonable doubt that the ballot paper was the one issued by the Presiding Officer of the polling station concerned.
(6)A postal ballot paper shall be rejected if it is not duly marked, or on which
(a)more than one mark is placed against any candidate's name; or
(b)the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate intended to apply; or
(c)a mark is placed in such a manner as to make it doubtful to which candidate it has been given; or
(d)the signature of the voter is not duly attested.