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Union of India - Section

Section 56 in Conduct of Elections Rules, 1961

56. [Counting of votes. [ Substituted by S.O. 3662. dated 12.10.1964.]

(1)The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.]
(2)The returning officer shall reject a ballot paper-
(a)if it bears any mark or writing by which the elector can be identified, or
(b)[ if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or] [ Substituted by S.O. 505(E), dated 18.9.1973.]
(c)if votes are given on it in favour of more than one candidates, or
(d)if the mark indicating the vote thereon is placed in such manner as to make it doubtful 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, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or
(h)if it does not bear [both the mark and the signature] [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] which it should have borne under the provisions of sub-rule (1) of rule 38:
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 or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct 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.
(3)Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow each counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper.
(4)[ The returning officer shall endorse on every ballot paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement.] [ Substituted by S.O. 479-A, dated 27.1.1971.]
(5)All ballot papers rejected under this rule shall be bundled together.
(6)[ 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.] [ Inserted by S.O. 3662, dated 12.10.1964.]
(7)[ After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed,-
(a)the counting supervisor shall fill in and sign Part II-Result of Counting, in Form 16, which shall also be signed by the returning officer; and
(b)the returning officer shall make the entries in a result sheet in Form 20 and announce the particulars.]
[* * *] [ Explanation omitted by S.O. 518(E), dated 12.10.1964.]