Section 19 in The Punjab Agricultural Produce Markets (Election to Market Committees), Rules 1961
19. Voting and result of election.
(1)Where the votes of the members entered in the electoral roll have to be taken under sub-rule (2) of rule 13 the Returning Officer shall provide a ballot box. Such ballot box shall be so constructed that ballot paper can be introduced therein but cannot be withdrawn therefrom without the box being unlocked. The ballot box shall be placed where it can be seen by the presiding officer during polling.(2)Immediately before the commencement of poll, the presiding officer shall show the ballot box to such contesting candidates as may be present to satisfy them that the ballot box is empty. The Presiding Officer shall thereafter lock the ballot box and affix his seal as well as the seal, if any, of the contesting candidates, if they so desire upon it in such a manner as to prevent its being opened without breaking such seals.(3)[ Every Panch or Sarpanch of the notified market area wishing to vote shall bring with him a certificate of identity in Form 'G' from Block Development and Panchayat Officer, or Social Education and Panchayat Officer or Extension Officer, Co-operative/Agriculture/Industries/Animal Husbandry and every person licensed under section 10 or section 13 wishing to vote shall bring with him a certificate of identity in Form 'H' or Form 'I', as the case may be, from the Chairman of the Committee concerned or a Magistrate or a Tehsildar or shall bring with him his valid licence under section 10 or 13 as the case may be :Provided that where the licensee under section 10 or section 13 is a firm only that partner of the firm who has been duly authorised by all the partners to represent it shall be entitled to vote.] [Substituted vide notification No. GSR 106/PA 23/6/S-43/Amd (5)/65 dated 21.5.1965.](4)After the identity of an elector has been established, he shall be supplied with a ballot paper in Form J, K or L as the case may be, on which the name of contesting candidates along with [facsimilies of] [Inserted vide notification No. GSR/164/PA 23/61/PA 23/61/S-43/Amd (2) 63 dated 28.6.1963.] symbols allotted to them shall be printed, typed or legibly written in regional languages.The presiding officer shall also fix on the ballot paper, before supplying to the voters, a stamp or his signature so as to indicate its authenticity.(5)The vote shall then proceed to the place set apart for voting and there place a cross mark (X) in column (4) of the ballot paper, against the name of the candidate for whom he wishes to vote with a stamp to be supplied by the presiding officer.(6)He shall then fold up the ballot paper so as to maintain secrecy and deposit it in the ballot box.(7)In the case of an elector who [-] [Words'is illiterate or' deleted by notification GSR 164/PA 23/61/S-43/Amd (2) 63 dated 28.6.1963.] is physically incapacitated from voting, the presiding officer shall, at the request of the elector, take him or her to the place set apart for voting, ascertain his or her choice, accordingly mark the ballot paper, fold it up so as to maintain secrecy and deposit it in the ballot box.(8)The presiding officer shall cause such arrangements to be made as well ensure the secrecy of the ballot.(9)Every elector wishing to record his vote shall do so in person and not by proxy.(10)The presiding officer shall, as soon as practicable after the close of the poll, seal the ballot box used at the polling station and forward the same to the Returning Officer.(11)The Retuning Officer shall as soon as practicable in the presence of such contesting candidates as desire to be present open the ballot boxes and count the ballot papers with the aid of persons appointed to assist in the counting of votes. An account of ballot papers found in each box shall be recorded in a statement in Form 'M' which shall be prepared separately for each category of candidates.(12)After the counting of ballot papers has been completed and an account of such ballot papers has been recorded in Form 'M' the Returning Officer shall declare the result in the following manner :-(a)The contesting candidate, who is found to have obtained the largest number of valid votes, or if more than one is to be elected, the contesting candidates up to the number of persons to be elected who are found to have obtained the largest number of valid votes shall be declared to have been elected.(b)In the event of a number of contesting candidates polling the same number of votes and their position in the statement in form 'M', being such that all of them cannot be declared elected, the Returning Officer shall draw lots in the presence of such contesting candidates for the number of seats that remain to be filled and the candidate or candidates whose name or names is or are first drawn shall be declared to have been duly elected.(13)When the result has been declared the Returning Officer shall forthwith forward a copy of the Statement in form 'M', together with the name of candidates declared to have been elected under the provisions of these rules to the State Government for notifying the same in the official Gazette with a copy each to the Deputy Commissioner and the Board.
