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Union of India - Section

Section 41 in Conduct of Elections Rules, 1961

41. Spoilt and returned ballot papers.

(1)An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the presiding officer and on satisfying him of the inadvertence, be given another ballot paper, and [the ballot paper so returned and the counterfoil of such ballot paper] [ Substituted by S.O. 5573, dated 23.12.1971.] shall be marked "Spoilt: cancelled" by the presiding officer.
(2)If an elector after obtaining a ballot paper decides not to use it, he shall return it to the presiding officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Returned: cancelled" by the presiding officer.
(3)All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.