Section 44 in Assam Panchayat (Constitution) Rules, 1995
44. Counting of Votes and Declaration of Results of the Election.
(1)The Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall arrange counting of votes on such day and at such hours and place as he may consider necessary for this purpose in respect of every election. He shall authorise one Officer for counting the votes in respect of the election of Gaon Panchayat President, Gaon Panchayat member, and Anchalik Panchayat member and Zilla Parishad members separately. Such officer may be assisted by such other officers as may be appointed by the Deputy Commissioner or the Sub-Divisional Officer as the case may be.(2)On the date, hours and place fixed under sub-rule (1), the officers so authorised by the Deputy Commissioner or the Sub-Divisional Officer or as the case may be, shall take up counting of votes in respect of the election as assigned to each of them. Each such officer shall collect the ballot box or boxes of the particular election in order of the serial-number of the polling station one by one and satisfy himself in the presence of the candidates or their Agents, if any, duly appointed by the candidate for this purpose, that the seal affixed to such ballot box is intact. He shall then open the ballot boxes, take out the ballot papers, sort them out against each candidate and count the same in presence of the candidate or their Agents, if any.(3)The officer shall reject a ballot paper on any of the following conditions(a)if there is no signature of the Presiding Officer or the Polling Officer on the backside of the ballot papers;(b)if the cross mark is placed against the names and symbols of more than one candidate;(c)if the ballot paper is without the cross mark;(d)if the cross mark is so placed as to make it doubtful for which candidate the vote is intended to be given;(e)when there is wrong mark or writing on the ballot paper by which the voter can be identified;(f)if it is spurious ballot paper;(g)if it has been so damaged or mutilated that its identity as a genuine ballot paper cannot be established.(4)Before rejecting a ballot paper under sub-rule (3), the Officer authorised by the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall allow such of the candidates or their Agents as may be present, to inspect such ballot paper but shall not allow them to handle it or any other ballot paper. He shall endorse the letter 'R' on every ballot paper rejected by him.(5)After counting each ballot paper not rejected by him, he shall keep in record the valid vote polled to each candidate in a particular election against every polling station.(6)The record prepared under sub-rule (5) for the election of the Gaon Panchayat, President, Member of Gaon Panchayat, member of Anchalik Panchayat and the member of Zilla Parishad by the respective officer, shall be delivered to the Deputy Commissioner or the Sub-Divisional Officer as the case may be, immediately after the counting is over, such records shall be retained in the safe custody of the Deputy Commissioner or the Sub-Divisional Officer as the case may be, for a year and shall then, unless otherwise directed by the State Election Commission, be destroyed.(7)On receipt of the records under sub-rule (6), the Deputy Commissioner or the Sub-Divisional Officer as the case may be, shall declare the candidate who has received the highest number of votes in respect of every election, to have been elected to that office or seat and publish a notice at his office stating the name of persons so declared, as the President and member of the Gaon Panchayat member of the Anchalik Panchayat and member of the Zilla Parishad as the case may be, and shall forward a copy to the State Election Commission for notification.
