Section 49 in Tamil Nadu Farmers' Management of Irrigation Systems Election Rules, 2003
49. Rejection of ballot papers.
(1)A ballot paper shall be rejected -(a)if it bears any mark or writing by which the elector can be identified; or(b)if it bears no mark at all to indicate the vote or it bears a mark made otherwise than with the instrument supplied for the purpose; or(c)if votes are given on it in favour of more than one candidate; or(d)if the mark indicating the vote thereon is placed in such manner as to make it doubtful as to which candidate the vote has been given; or(e)if it is a spurious ballot paper; or(f)if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or(g)if it bears a serial number or is of a design, different from the serial numbers and design, as the case may be, of the ballot papers authorised for use at the particular polling station; or(h)if it does not bear both the distinguishing mark and the signature of the Presiding Officer which it should have borne under the provisions of sub-rule (3) of rule 28:Provided that where the Returning Officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake, the ballot paper shall not be rejected merely by the reason of such defect:Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is not distinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.(2)Before rejecting any ballot paper under sub-rule (1), the contesting candidates present shall be allowed a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.(3)Every ballot paper, which is rejected, shall be endorsed with the word "rejected" and the grounds of rejection in abbreviated form shall be recorded and signed.(4)All ballot papers rejected under this rule shall be bundled together.(5)Every ballot paper which is not rejected under this rule-shall be counted as one valid vote:Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.(6)After counting of all ballot papers contained in all the ballot boxes used in a Farmers' Organisation has been, completed, the entries in a result sheet in Form-23 shall be made.(7)The decision of the Returning Officer as to the validity of a ballot paper shall be final subject to scrutiny only by an election petition.
