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State of Bihar - Section

Section 21U in The Bihar Co-operative Societies Rules, 1959

21U.

(1)The counting of votes will take place immediately after the close of the poll and in case it is not possible to count votes immediately after the close of the poll, the ballot boxes shall be sealed by the Election Officer and kept in the safe custody. The candidate or his agent, if he so desires, may also affix his seal. In that case the counting of votes shall take place on the day and the place and hour appointed by the Election Officer in that behalf.
(2)A ballot paper shall be rejected if-
(i)it bears any signature to identify the voter,
(ii)it does not bear the seal of the society and initials of the Election Officer/Polling Officer of the concerned polling station/ booth,
(iii)it contains no marks indicating a vote,
(iv)it contains no marks than the number of seats to be filled, or
(v)it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established.
(3)If a ballot paper contains mark or marks for a candidate or candidates in such a manner that it is not clear as to which of the candidates the voter has cast his vote for, it shall be rejected :Provided that a ballot paper shall not be rejected only on the ground that the mark indicating the vote is indistinct or more than once, if the intention that the vote has been cast for a particular candidate, clearly appears from the way the paper is marked.
(4)The Election Officer shall declare the result of election as soon as the counting is completed indicating the number of votes secured by each candidate and shall also furnish a certificate in writing under his seal and signature to the successful candidate and [Conducting Officer] [Substituted by G.S.R. 1 dated 1.2.1997.]
(5)In the event of equality of votes, the matter shall be decided by draw of lots by Election Officer.
(6)The Election Officer shall display the list of elected candidates on the notice board of the society and also at such public place as he may deem fit.
(7)A copy of the list prepared under sub-Rule (6) shall be sent to the concerned officer of the Co-operative Department, [Conducting Officer] [Substituted by G.S.R. 1 dated 1.2.1997.] and also to the Chief Executive of the society concerned.
(8)Used ballot papers and other records pertaining to the election shall be put in a cover or container and shall be sealed by the Election Officer/Polling Officer. Any candidate may also affix his seal thereon, if he so desires. The cover or container so sealed shall be entrusted by the Election Officer/Polling Officer to the Chief Executive of the society who shall acknowledge the receipt and be responsible for its safe custody for twelve months or till such time as the Registrar directs.