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[Cites 0, Cited by 0] [Section 15] [Entire Act]

State of Rajasthan - Subsection

Section 15(13) in First Statutes of the University of Udaipur

(13)Taking the Poll.-(i) If the number of candidates contesting is more than the seats vacant, a poll shall be taken.
(ii)The recording of votes shall be by two methods-
(a)by post.
(b)in person through polling booths.
Note.-Recording of votes through polling booths shall be for electors whose addresses as recorded in the register of Registered Graduates are in the towns where polling booths are established by the Vice-Chancellor. In other places, i.e., the places where polling booths have not been established the votes shall be recorded by post.
(iii)The Returning Officer shall appoint Presiding Officers of these polling booths and issue instructions to these Presiding Officers for the conduct of election and to ensure the safety of the ballot papers, ballot boxes and their transit.
(iv)The following procedure shall be followed in respect of the polling to be conducted at the polling booths;
(a)The elector shall receive the ballot paper in Form 6 of the Schedule II containing the numbers of duly nominated candidates in alphabetical order with their academic degrees, titles, and addresses. The ballot papers shall be scaled with the University seal after noting on its counterfoil the number of the elector on the register of Registered Graduates and the counterfoil shall be retained by the Returning Officer.
(b)The elector shall put a cross mark on the bailor paper against the name of the candidate for whom he intends to vote.
(c)The elector after receiving the ballot paper shall not leave the room of the Returning Officer or of the Presiding Officer of the polling booth without depositing the ballot paper in the ballot box.
(d)The ballot boxes shall be closed immediately the time fixed for election has expired and no elector shall be permitted to deposit his ballot paper after that time.
(e)The ballot boxes shall be brought to the University office immediately after the day of election and shall be kept in the custody of the Returning Officer.
(v)The following procedure shall be followed in respect of the postal ballots:-
(a)The Returning Officer shall send intimation of the persons validly nominated for election, together with other details in Form 3 of Schedule II under registered cover to every elector, resident in India on the address given in the register of the Registered Graduates. This shall be accompanied by voting paper in Form 6 of Schedule II containing the number of duly nominated candidates in alphabetical order with their academic degrees, title and addresses and a covering letter in Form 4.
(b)The voting paper shall be sealed with the University seal after noting on its counterfoil the number of the elector on the register of Registered Graduates and the counterfoil shall be retained by the Returning Officer.
(c)No election shall be invalid by reason of non-receipt of any notice or because an elector has failed to receive the ballot paper or has not received it in time to return it to the Returning Officer by the time mentioned in Schedule I.
(d)An elector who has inadvertently dealt with his voting paper or covering letter in such a manner that it cannot be properly used or has lost his voting paper or covering latter may after satisfying him of the loss of the voting paper or the covering letter as the case may be, obtain another voting paper or covering letter in place of the spoilt or lost paper.
(e)The spoilt voting paper or the covering letter together with their counterfoils shall be marked as cancelled and the new one supplied together with its counterfoil shall be marked as duplicate.
(f)The elector shall put a cross mark on the ballot paper against the name of the person for whom he intends to vote.
(g)An elector shall sign his covering letter in the presence either of a Dean or a Director or a Magistrate of the rank not lower than that of a Magistrate First Class or a subordinate Judge of any Gazetted Officer.
(h)An elector in military service may sign his covering letter in the presence of the Officer Commanding or Adjutant of his Unit.
(i)The elector shall then put the covering latter along with the enclosed envelope containing his voting paper, in a second envelope in Form 5 (none of the Two envelopes to bear any kind of mark outside) and forward the same in a registered cover addressed to the Returning Officer so as to reach him nos latter than the date and hour notified for the closing of the ballot:
Provided that no count will be taken of the voting paper in the closed envelope unless the covering letter, which accompanies it bears on it the signature and the serial number of the elector and is countersigned and authenticated by the authority in whose presence the elector had signed his covering letter, who shall authenticate the covering letter with his signature and designation.
(j)The Returning Officer shall as soon possible after the receipt of such envelopes deposit them in the ballot box. Any envelope received after the day and time fixed for the closing of the ballot or otherwise than by registered post shall be treated as invalid.
(k)If any of the persons mentioned above who is vested with the authority to countersign and authenticate the covering letters is himself seeking election as a member of the Board from the registered graduates constituency he shall not countersign or authenticate covering letter of the voters.
(vi)Ballot boxes containing ballot papers received by registered post or through the polling booths and before the date notified for closing of ballot shall be opened on the date and the time fixed for the counting of votes.
(vii)Ballot paper covers shall be rejected if-
(a)The envelope contains no covering letter outside the ballot paper cover: or
(b)the covering letter does not beat on it the signature and the serial number of the elector, or is not countersigned and authenticated in that manner indicated above, or
(c)the envelopes containing the voting paper bear any kind of mark outside; or
(d)the ballot paper is placed outside the ballot paper cover; or
(e)if the envelope containing the ballot paper is received at any time later than the closing of the ballot; and
(f)if the ballot paper cover is received otherwise than by registered post.
(viii)When the ballot paper cover rejected under the circumstances mentioned in sub-clause (vii) above the ballot paper kept therein shall also be deemed to have been rejected;
(ix)Without prejudice to the provision contained in the foregoing sub-clause the ballot papers received by post or through polling booths, shall be rejected if-
(a)The voter has signed his name or written any word or made mark on the ballot paper by which it becomes recognisable; or
(b)no vote is recorded thereon; or
(c)the number of votes recorded by the elector exceeds one.
Explanation.-Any defacement of the cross-mark on the voting paper which makes it doubtful whether the mark is as it was originally made or which shows that there has been an attempt to alter, suppress or erase it; or the placing of the cross-mark in such a way as to render it doubtful to which candidate it is intended to apply, shall render the ballot paper invalid.
(x)As soon as the scrutiny of the ballot paper covers or the ballot papers is over, the ballot papers shall be counted by the Returning Officer during such time as may be announced by him.
(xi)A candidate or his authorised agents who must be voters shall be allowed to be present at the time of counting of votes:
Provided that the number of authorised agents including the candidates shall not exceed the number of counting seats.