Section 49 in Andhra Pradesh Municipal Corporations (Conduct of Election of Members, Election Expenses and Election Petitions) Rules, 2005
49. Counting of postal ballot papers.
- The Returning Officer shall first deal with the postal ballot papers in the manner hereinafter provided;(a)no cover in Form XXVIII received by the Returning Officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.(b)other covers shall be opened one after another and as each cover is opened the Returning Officer shall first scrutinise the declaration in form XXVI contained therein.(c)if the said declaration is not found or has not been duly signed, attested or is otherwise substantially defective or if the serial number of the ballot paper as entered in it differs from the serial\number endorsed on the cover in Form XXVII, that cover shall not be opened, and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper therein contained.(d)each cover so endorsed and the declaration received with it shall be replaced in the cover in Form XXVIII and all such covers in Form XXVIII shall be kept in a separate packet, on which shall be recorded the name of the Ward, the date of counting and brief description of its contents.(e)the Returning Officer shall then place all the declarations in Form XXVI which he has found to be in order in a separate packet which shall be sealed before any cover in Form XXVII is opened and on which shall be recorded the particulars referred to in sub-rule (d).(f)the covers in From XXVII not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the Returning Officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon.(g)a postal ballot paper shall be rejected.i. if it bears any mark (other than the mark to record the vote) or writing by which the voter can be identified: orii. if no vote is recorded thereon: oriii. if votes are given on it in favour of more candidates than one;iv. if it is a spurious ballot paper; orv. if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; orvi. if it is not returned in the cover sent along with it to the voter by the Returning Officer.(h)A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given.(i)A vote recorded on a postal 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.(j)The Returning Officer shall count all the valid votes given by postal ballot in favour of each candidate, record the total thereof in the result sheet in Form XXX and announce the same.(k)Thereafter all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seal of Returning Officer and of such of the candidates, their election agents, counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the name of the Ward, the date of counting and a brief description of its contents.
