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State of Bihar - Section

Section 82 in The Bihar Municipal Election Rules, 2007

82. Ground on which ballot papers may be rejected.

(1)A ballot paper shall be rejected if-
(a)it bears any mark or writing by which the elector can be identified;
(b)it bears any serial number or marks different from the serial numbers or marks of ballot papers authorised for use at the polling station; or
(c)if no vote is recorded thereon; or
(d)if votes are given on it in favour of more than one candidate; or
(e)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
(f)it it is surplus ballot paper; or
(g)if it does not bear the distinguishing mark or signature of the Presiding Officer; or
(h)if the mark on the ballot paper has been made by an instrument other than the prescribed one; or
(i)if the ballot papers or not printed in accordance with name of the candidate or candidates, serial number or symbol allotted to a candidate as recorded Form 14(b); or
(j)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established;
(k)other such grounds as prescribed by a general or special direction of the State Election Commission:
Provided that where the Returning Officer is satisfied that any such defect as mentioned in clause (g) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer, the ballot papers 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)Subject to any general or special direction of the State Election Commission, the decision of the Returning Officer as to validity of a ballot paper shall be final.