raised during the counting of ballot papers, 16 ballot
papers in respect of Booth No.2 were found missing and the same
came ... case, the allegation is that, while counting
ballot papers of Booth No.2, 16 ballot papers were missing.
Subsequently, it was destroyed
ballot papers remained unused and also the
of ballot papers that were issued to the voters.
Exs.P1 to P9 produced by the appellant ... said provisions that
'receiving the ballot paper for the purpose of
the ballot paper into the ballot box after
5-»
E-«-
('I
andidate
counting process. During counting, 3872 ballot papers were
rejected as invalid, and 59 ballot papers were allegedly
missing. The defeated candidate contended that ballot papers ... Court did
not express any opinion on the aspect of 59 missing ballot
papers and on the legality of direction in the judgment
that, the details as to the number of ballot papers received and number of ballot paper missing etc. have not been looked into nor considered
third respondent secured 590 votes.
Thus prima-facie there is missing of ballot papers at the time of
recounting. I decline to accept this contention ... contention of learned counsel for the petitioner
that there was missing of ballot papers.
8. Fourthly, it is contended that the trial Court
counting of second ballot box was completed,
it was observed by Returning Officer that 16 ballot
papers were missing and therefore, counting was
stopped ... were not opened. On
15.02.2015, the Returning Officer informed about the
missing ballot papers to the 1st respondent and sought
further directions
petition averments that:
(1) after opening all the ballot boxes boothwise, the number of ballot papers were recorded in Form 20 instead of Form ... resulting in missing of 49 votes thereby in all 59 votes were found missing without any explanation;
(4) that number of ballot papers polled
been stated that-
(i) after opening of the ballot-boxes booth-wise, the number of ballot-papers were recorded in Form No. 20 instead ... missing of 41 votes. Thus, in all 59 votes were found missing without any explanation;
(iv) the Returning Officer had rejected number of ballot papers
circumstances of ballot paper to be
held invalid. Rule 9 deals with method of counting of
votes. That once a ballot paper is held ... ballot paper by
the respondent No.16. The Election Tribunal relying upon
the DVD/CD marked as Ex.C2 and noticing missing of
certain
voters' turnout list. The Hindu and English Daily News Paper Edition dt.14/5/2004 at page 11 have given the voting statistics ... middle of voting by EVMS, secrecy of ballot does not arise at all because the ballot papers are not put into ballot boxes. The EVMS
