Section 7 in The Orissa Medical Registration Rules, 1965
7.
(1)In general election under Clause (b) of Sub-section (1) of Section 4, if the number of duly nominated candidates in respect of a particular Medical College after withdrawal of candidature if any under Sub-rule (10) of Rule 6, does not exceed the number of members to be elected the Returning Officer shall, without calling for a poll, declare such candidate or candidates to be elected ; and if such number exceeds the number of members to be elected he shall take steps to call for a poll in the manner hereinafter laid down.(2)In a general election under Clause (c) of Sub-section (1) of Section 4-(a)if amongst the number of duly nominated candidates after any withdrawal of candidature under Sub-rule (10) of Rule 6, there be not more than two who are not in the service of any Government, the Returning Officer shall forthwith declare them to be elected and if the number of the remaining duly nominated candidates after any withdrawal of candidature under Sub-rule (10) of Rule 6 be not more than one, the Returning Officer shall also declare him to be elected without calling for a poll, and if the number of such remaining duly nominated candidates be more than one, the Returning Officer shall proceed to take steps to call for a poll in the manner hereinafter laid down, for election to fill up one seat;(b)if amongst the duly nominated candidates after any withdrawal of candidature under Sub-rule (10) of Rule 6, there be more than two who are not in the service under any Government, the Returning Officer shall proceed to take steps to call for a poll for the election of three members of whom at least two shall be not in service of any Government:Provided that if in such case the total number of duly nominated candidates after any withdrawal of candidature under Sub-rule (10) of Rule 6 including the two not in service under any Government and those who are not so be not more than three the Returning Officer shall without calling for a poll, declare all of them to be elected.(3)When in pursuance of Sub-rules (1) and (2), polling is required to be taken, the Returning Officer shall-(a)cause to be prepared serially numbered voting papers in Form IV (a) or Form IV (b) according as the election is to be held under Clause (b) or Clause (c) of Sub-section (1) of Section 4.and thereupon publish in the Orissa Gazette and in such other manner he may think fit, the said names, classified according as they come under Clause (b) or Clause (e) of Sub-section (1) of Section 4, and arranged in alphabetical order of the surnames;(b)proceed to issue by registered post to each elector whose name is included in the final electoral roll of the electorate under Clause (b) of Sub-section (1) of Section 4, one voting paper in Form IV (a) with one identification envelope in Form V, to his address as mentioned in the final electoral roll;and to each elector, whose name is included in the final electoral roll under Clause (c) of Sub-section (1) of Section 4, one voting paper in Form IV (b) with one identification envelope in Form V, to his address as mentioned in the final electoral roll :Provided that such a voting paper with an identification envelope shall also be issued to any elector to whom a voting paper has not already been sent, on his applying in writing to the Returning Officer for the same at any time before the fast date and time notified under Clause (b) of Sub-rule (5) of Rule 6 for receiving voting papers. In no other case shall a voting paper be issued after last date notified under Clause (c) of Sub-rule (5) for sending voting papers nor shall a voting paper not delivered to a voter by the office be re-issued to him on its return to the office of the Returning Officer.(4)No election shall be invalidated by reason of the non-receipt by any elector of a voting paper.(5)When poll is taken under Sub-rule (10) of Rule 7 an elector whose name is borne on the final electoral roll or any of the electorates under Clause (b) of Sub-section (1) of Section 4, may vote for a candidate to be elected from the electorate where he is an elector under that clause;and an elector, whose name is borne in the final electoral roil of the electorate under Clause (c) of Sub-section (1) of Section 4, may vote for three candidates.A voting paper, in which votes are given for more candidates than what is permissible under the rules shall be rejected.(6)An elector, whose name is borne on the final electoral roll and who is desirous of recording votes, shall mark the voting paper issued to him, with a single cross X (and no other mark) in the proper column against the name or names of the candidate or candidates (not exceeding the number of members to be elected) for whom he intends to vote and no elector shall record more than one vote or put more than one cross X, mark against the name of any one candidate. A voting paper on which a vote or votes are marked otherwise than by a cross X as laid down in this sub-rule, or on which more than one such cross mark or other kind of mark is put against the name of any one candidate shall be rejected.(7)A vote recorded otherwise than on the voting paper sent to the elector, shall be rejected and every paper in respect of which any requirement of those rules has not been complied with or on which a mark is placed in such a manner as to make it doubtful to which candidate the vote is given or on which the elector has placed any mark whereby he may be afterwards identified or on which an alteration or erasure occurs indicating a change of vote or which is not received by the Returning Officer on or before the last day and time notified under Clause (d) of Sub-rule (5) of Rule 5, for the receiving of voting papers, shall be invalid.(8)After recording his votes on the voting paper the elector shall enclose it in the relative identification envelope, close the envelope, sign the declaration printed on the envelope, furnishing correctly all particulars required therein. The identification envelope shall then be either delivered personally by the elector or sent singly by post to the Returning Officer.(9)Only one voting paper shall be enclosed in one identification envelope; and if two or more voting papers are enclosed in the same identification envelope, the identification envelope and the voting papers therein, shall be rejected.(10)No voting paper shall be accepted unless it is enclosed in the identification envelope supplied with it, and any defect, e.g., incompleteness (in the entries required on the identification envelope, or its receipt) after the last day and time notified under Clause (d) of Sub-rule (5) of Rule 5 for its receipt with the proper voting paper, shall invalidate both the envelope and the voting paper enclosed.(11)On receiving the identification envelopes, the Returning Officer shall divide them into two or more convenient batches, namely, one for those relating to election under Clause (b) of Sub-section (1) of Section 4 and the other for those relating to election under Clause (c) of the said section and shall examine the envelope in each batch and where he rejects any of them for non-fulfilment of the requirements of Sub-rules (8) and (10), he shall record his decision 'rejected' noting thereon in which respect it does not fulfil those requirements and make a separate bundle of the rejected envelopes in each batch and deal with them under Sub-rules (3) to (5) of Rule 8.The Returning Officer shall place the identification envelopes, which he provisionally accepts, in a separate bundle for each electorate, without opening the envelopes, and deal with them under Sub-rules (3) to (5) of Rule 8.Scrutiny and counting of votes
