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State of Tamilnadu - Section

Section 83 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

83. Counting of postal ballot papers and scrutiny and opening of ballot boxes.

(1)The Returning Officer shall first deal with the postal ballot papers received by him within the time prescribed therefor, as specified below:-
(a)No outer cover referred to in rule 50 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)The outer covers shall be opened one after another and the election duty certificates and declarations under rule 50 contained therein shall be collected together, counted and sealed in a separate packet.
(c)The envelops containing the marked ballot papers shall then be opened one after another and the votes counted. If the declaration is not found or has not been duly signed or is otherwise substantially defective, that envelop shall not be opened and after making an appropriate endorsement thereon, the Returning Officer shall reject the ballot paper contained therein.
(2)The ballot boxes relating to each of the polling stations shall then be taken up for counting. The Returning Officer may, in his discretion, have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.
(3)Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal and other seals on the ballot box and satisfy themselves that they are in tact.
(4)The Returning Officer shall satisfy himself that none of the ballot boxes has, in fact, been tampered with.
(5)If the Returning Officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in rule 55 in respect of that polling station.
(6)
(a)If a fresh poll is held under rule 55, the Returning Officer shall, after completion of that poll, recommence the counting of votes on the date, at the time and place which have been fixed by the State Election Commission or the State Election Officer in that behalf and of which notice has been previously given to the contesting candidates and their election agents.
(b)The provision of this Part shah apply, so far as may be, to such' further counting.
(7)He shall verify the ballot paper account submitted by the Presiding Officer under sub-rule (4) (a) of rule 56.
(8)The Returning Officer shall allow the candidates and their agents reasonable opportunities to inspect, without handling, all ballot papers which, in his opinion, are liable to be rejected under rule 85. He shall endorse on every ballot paper which he rejects, the letter 'R' and the ground of rejection in abbreviated form either in his own hand writing or by means of a rubber stamp and shall initial such endorsement.