Section 39 in Orissa Zilla Parishad Election Rules, 1994
39. Declaration of result of votes.
(1)On the date fixed for declaration of the results of the elections, the Election Officer shall in the presence of candidates or their Polling Agents check the arithmetical correctness of votes polled by different candidates [in Form No. 18] [Inserted vide O.G.E. No. 1265 of 1995.] so as to arrive at the total number of votes polled by each contesting candidates [alongwith the result of votes recorded as per voting machine, if any] [Inserted vide S.R.O.No. 229/2001 dated 14.5.2001 (O.G.E. No. 904 dated 15.5.2001).] and then announce the result.(2)The candidate securing the maximum number of votes shall be declared as elected.(3)In case of equality of votes, the result shall be decided by drawing lots and the candidates whose name is drawn first shall be declared elected.(4)The Election Officer shall forthwith intimate the Commissioner the names of the elected candidates for the purpose of publication as required under Sub-section (2) of Section 6.(5)[ After the declaration under Sub-rule (2) has been made, a candidate or, in his absence, his polling agent may apply in writing to the Election Officer to recount the votes either wholly or in part, stating the grounds for such recounting.(6)On an application made under Sub-rule (5), the Election Officer shall decide the matter and may allow the application in whole or in part or may reject it into if it appears to him to be frivolous or unreasonable.(7)Every decision of the Election Officer under Sub-rule (6) shall be in writing and contain the reasons therefor.(8)If the Election Officer decides under Sub-rule (6) to allow recounting of the votes either wholly or in part, he shall -(a)make the recounting in accordance with Rule 36;(b)make necessary corrections in the result sheet in Form No. 12 to the extent necessary after such recounting; and(c)announce the result on the basis of the corrections so made by him.]
