Section 80 in Himachal Pradesh Municipal Election Rules, 2015
80. Counting of votes and declaration of results.
(1)Every ballot paper, which is not rejected under rule 79 shall be deemed to be valid and shall be counted after being sorted out candidate-wise:Provided that no packet containing tendered ballot paper shall be opened out and no such paper shall be counted.(2)The Returning Officer shall as far as practicable, proceed continuously with the counting and shall, during any interval when the counting has to be suspended, keep the ballot papers, packets and all other papers relating to the election sealed with his own seal and the seals of such candidates or election agents or the counting agents who may be desire to affix their seals and shall take sufficient precautions for their safe custody during such intervals.(3)The ballot papers taken out of each box shall be mixed-up with other ballot papers taken out of other ballot boxes concerning the same office and after that it shall be sorted out separately for each office. The ballot papers for the member of Municipal Council/Nagar Panchayat shall be retained on the same table. The result of member of Municipal Council/Nagar Panchayat shall be declared on form 46 after preparing the result sheet on form 47 :Provided that before declaring the result on forms 46 and after the counting of all valid votes of polling station has been completed, the Returning Officer who have made the entries on a result sheet in forms 47 and announce the particulars. After such announcement has been made, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the Returning Officer to recount the votes either wholly or in part stating the grounds on which he demands such recount. On such an application being made the Returning Officer shall decide the matter and may allow the application ;in whole or in part or may reject it if it appears to him to be frivolous or unreasonable. Every decision of the Retuning Officer on such application shall be in writing and contain the reasons therefor.(4)Immediately after declaration of result the Returning Officer shall affix a copy of Return of election in a conspicuous place at his office and send the same to the Commission and the Secretary (Urban Development) to the Government of Himachal Pradesh, as the case may be, for publication in the Official Gazette of the State Government as required under section 27 of the Act.(5)All valid ballot papers shall thereafter be bundled candidate-wise together and kept alongwith the bundle of rejected ballot papers in a separate packet, which shall be sealed and on which shall be recorded the following particulars, namely :-(a)the name of the ward/ Municipal Council/Nagar Panchayat(b)the particulars of the polling station where the ballot papers have been used ; and(c)the date of counting.(6)When counting of votes have been completed and the result has been declared the Returning Officer shall prepare a return in form 43 Part-II and forthwith affix a copy of the same in a conspicuous place in his office. The Returning Officer, after the date of election shall notify the names of elected candidates together with the name of candidate, if any, deemed to have been elected under the provisions or rule 50 and send a copy of the same to the Commission for publication in the Official Gazette of the State Government and one copy of the return prepared in form 44 shall be sent to the Commission, immediately, after declaration of the result.
