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Union of India - Section

Section 63 in Conduct of Elections Rules, 1961

63. Re-count of votes.

(1)After the completion of the counting, the returning officer shall record in the result sheet in Form 20 the total number of votes polled by each candidate and announce the same.
(2)[ After such announcement has been made, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the returning officer to re-count the votes either wholly or in part stating the grounds on which the demands such re-count.] [ Substituted by S.O. 3662, dated 12.10.1964.]
(3)On such an application being made the returning officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable.
(4)Every decision of the returning officer under sub-rule (3) shall be in writing and contain the reasons therefor.
(5)[ If the returning officer decides under sub-rule (3) to allow a re-count of the votes either wholly or in part, he shall-
(a)do the re-counting in accordance with ] [rule 54-A,] [ Inserted by S.O. 3450, dated 9.11.1966.][rule 56 or rule 56-A, as the case may be; [Substituted by S.O. 3662, dated 12.10.1964. ]
(b)amend the result sheet in Form 20 to the extent necessary after such re-count; and
(c)announce the amendments so made by him.]
(6)After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the returning officer shall complete and sign the result sheet in Form 20 and no application for a re-count shall be entertained thereafter:Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2).