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State of Tamilnadu - Section

Section 85 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

85. 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 no vote is recorded thereon, 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 candidates than one, 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 design, as the case may be, of the ballot paper authorised for use at the particular polling station, or
(h)if it does not bear the distinguishing mark and/ or the signature of the Presiding Officer which it should have borne under the provisions of sub-rule (1) of rule 49 or the letters "EDC" under sub-rule (1) of rule 50, or
(i)if it is not the relevant ballot paper:
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, the ballot paper shall not be rejected merely on the round 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)All ballot papers rejected under this rule shall be made into a separate bundle.
(3)The decision of the Returning Officer under this rule shall be final, subject only to the decision of the competent Court on an election petition.