Section 31 in The Orissa Panchayat Samiti Election Rules, 1991
31. Submission of papers.
(1)Immediately after close of the counting, the Presiding Officer shall prepare separate bundles of papers, reports, used and unused ballot papers in respect of the polling station of the Samiti, seal each packet, not thereon the polling station to which it relates and forward the packets to the Election Officer on the same day.(2)It will be operate to the candidates or their Polling Agents to affix their seal on the aforesaid packets, if so desired.(3)On the date fixed for declaring the results of the elections, the Election Officer shall in presence of the candidates or their Polling Agents carefully check up the votes polled by different candidates arithmetically so as to arrive at the final assessment as to the total number of votes polled by each contesting candidate and announce the result after recording the details in Form No. 14.(4)The candidate securing the maximum number of votes in a Samiti Constituency shall be declared as duly elected.(5)In case of equality of votes, the result shall be decided by drawing lots and the candidate whose name is drawn first shall be declared elected.(6)The Election Officer shall forthwith intimate the Collector of the District the name of the duly elected candidate for the purpose of the publication.(7)[ After declaration under Sub-rule (4) has been made, a candidate or, in his absence, his polling agent may apply in writing to the Election Officer to recount the votes either wholly or in part, stating the grounds for such recounting.(8)On an application made under Sub-rule (7), the Election Officer shall decide the matter and may allow the application in whole or in part or may reject it into as it appears to him to be frivolous or unreasonable.(9)Every decision of the Election Officer under Sub-rule (8) shall be in writing and contain the reasons therefor.(10)If the Election Officer decides under Sub-rule (8) to allow recounting of the votes either wholly or in part, he shall-(a)make the recounting in accordance with Rule 30;(b)make necessary corrections in the result in Form No. 14 to the extent necessary after such recounting; and(c)announce the result on the basis of corrections so made by him.]
