73. Scrutiny and opening of ballot boxes and the packets of postal ballot papers.
(1)The returning officer shall-(a)[ first deal with the covers containing the postal ballot papers, if any, in the manner provided in sub-rules (2) to (7) of rule 54-A; [ Substituted by S.O. 3662, dated 12.10.1964.](b)then open the ballot boxes, take out from each box and count the ballot papers contained therein, and record their number in a statement;](c)scrutinise the ballot papers taken out of the ballot boxes as well as the postal ballot papers taken out from the covers; and(d)separate the ballot papers which he deems valid from those which he rejects endorsing on each of the latter the word "Rejected" and the ground of rejection.(2)[Subject to rule 38-A as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, a ballot paper shall] [ Substituted by S.O. 272(E), dated 27.2.2004(w.e.f. 27.2.2004).] be invalid on which-(a)the figure 1 is not marked; or(b)the figure 1 is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply; or(c)the figure 1 and some other figures are set opposite the name of the same candidate; or(d)there is any mark or writing by which the elector can be identified; [or] [ Inserted by S.O. 286(E), dated 8.5.1974.](e)[ there is any figure marked otherwise than with the article supplied for the purpose: [ Substituted by S.O. 795(E), dated 14.12.1976.]Provided that this clause shall not apply to a postal ballot paper:Provided further that where the returning officer is satisfied that any such defect as is mentioned in this clause has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected, merely on the ground of such defect.][ Explanation .-The figures referred to in clauses (a), (b) and (c) of this sub-rule may be marked in the international form of Indian numerals or in the Roman form or in the form used in any Indian language, but shall not be indicated in words.] [ Substituted by S.O. 3662, dated 12.10.1964.]
