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Union of India - Section

Section 53 in The Sikh Gurdwaras Board Election Rules, 1959

53. Declaration of elected candidates and procedure in case of equality of votes.

(1)The presiding officer shall forward the packets containing the valid and rejected ballot-papers and the account of votes cast in favour of each candidate in form X referred to in rule 52 to the returning officer immediately:[Provided that, where any part or parts of a constituency have become inaccessible due to climatic conditions or otherwise the Presiding Officer shall, by the speediest means available, communicate to the Returning Officer, the result of the counting indicating the total number of votes polled at the polling station, number of votes rejected and the number of valid votes secured by each candidate.] [Proviso added by Gazette of India Part III Section 3(1) dt. 2nd March, 1979 Page 338.]
(2)On the date fixed for the declaration of result, the returning officer shall open the covers containing the ballot-papers returned to him under rule 44, take out the ballot-paper(s) from each such cover and shall scrutinize the same in the manner laid down in rule 51. The ballot-papers rejected by the returning officer shall be kept by him in a separate packet.
(3)The returning officer shall then count the votes recorded on the ballot-papers not rejected by him under sub-rule (2) and shall prepare a result sheet in form X.
(4)After the counting of votes recorded on the ballot-papers have been completed and the entry in respect thereof made in form X, the returning officer shall announce the particulars in such entry.
(5)After all the valid votes recorded on the ballot-papers have been counted, they shall be kept in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :-
(a)the name of the constituency;
(b)the names of the candidates; and
(c)the date of counting.
(6)The packet of rejected ballot-papers referred to in sub-rule (2) shall be sealed and the particulars specified in sub-rule (5) shall be recorded thereon.
(7)The returning officer shall then consolidate the result in from XI from the result sheets [as also the information under proviso to sub-rule 1] [Gazette of India Part II section 3(1) dated 2nd March, 1979 Page 338.] received by him from all the presiding officers in the constituency and the result sheet prepared by him under sub-rule (3) and shall declare it in the following manner :-
(a)The candidate who is found to have obtained the largest numbers of valid votes shall be declared to have been elected :
Provided that the result for non-reserved and reserved seats shall be prepared and announced separately.
(b)if, after the counting of votes, tie is found to exist between any candidates, and the addition of one will entitle any of those candidates to be declared elected, that shall forthwith be decided between those candidates by lot, and the candidate on whom the lot falls shall be considered to have received an additional vote and shall be declared to be duly elected.