Section 59 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994
59. Rejection of ballot papers.
(1)A ballot paper shall be rejected, if it:(a)bears any mark by which the elector can be identified; or(b)does not bear the official stamp prescribed in Rule 44; or(c)bears the mark belonging to a ward different from that of the ballot box which it is found; or(d)if no vote is recorded thereon; or(e)if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or(f)if it is so a spurious ballot paper; or(g)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established :Provided that a ballot paper dealt with under Clause (ii) of Sub-rule (2) of Rule 52 shall not be rejected merely on the ground that it bears the mark of a ward different from the one in which the elector is entitled to vote :Provided further that where the Election Officer is satisfied that any such defect as is mentioned in Clause (b) or Clause (c) has been caused by any mistake or failure on the part of a Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect;Provided also that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is in distinct or made more than once, if the intention that the vote shall be for a particular candidate, clearly appears from the way the appear is marked.(2)Except on the grounds mentioned in Sub-rule (1) a ballot par shall not be rejected.(3)The decision of the Election Officer as to the validity of a ballot paper shall be final, subject only to reversal on an Election Petition.
