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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

So. 353] NEW DELHI, SUNDAY DECEMBER 18,1966/AGRAHAYANA 27,1888

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION New Delhi, the 16th December 1968

G.S.R. ]929.—In pursuance of the powers conferred by section 33 of the Goa, Daman and Diu (Opinion Poll) Act, 1966 (38 of 1866), the Central Government, after consultation with the Chief Election Commissioner, hereby makes the following rules, namely:—

PART I

PRELIMINARY

1. Short title and commencement.—(1) These rules may be called the Goa, Daman and Diu (Opinion Poll) Rules, 1966.

(2) They shall come into force at once,

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) "Act" means the Goa, Daman and Diu (Opinion Poll) Act, 1966 (38 of 1966);

(b) "ballot box" includes any box, bag or other receptacle used for the insertion of ballot paper by voters;

(c) "counting agent" in relation to a political party means any counting agent appointed under rule 37;

(d) "elector on poll duty" means any polling agent, any polling officer, presiding officer or other public servant, who is an elector and is by reason of his being on poll duty unable to vote at the polling station where he is entitled to vote;

(931)

(e) "Form" means a Form appended to these rules, and includes a translation thereof In the language Or any of the languages used for offldal purposes of the Union territory;

(f) "marked copy of the electoral roll" means the copy of the electoral roll set apart for the purpose of recording the serial numbers of ballot papers issued to electors at the opinion poll;

(K) "political party" means any of the following political parties;—

(1) the Indian National Congress; (li) the Frente Populare; (lii) the Maharashtrawadi Gornantak; (iv) the United Goans;

(h) "poll commissioner" means the opinion poll commissioner appointed under section 7 and includes the assistant opinion poll commissioner appointed under section 8;

(1) "polling agent" in relation to a polling station means any of the polling agents appointed, by a political party, under rule 4 for that polling station;

(j) "polling station" means the place provided under section 11 for conduct- Ing the opinion poll;

(k) "presiding officer" includes any polling officer performing any of th: functions of a presiding officer under sub-section (2) or sub-sectio (3) of section 12;

(1) "section" means a section of the Act; i (m) "service voter" means any person who Is required to give his vote bu postal ballot under clause (a) of section 21.

PART II

GENERAL PROVISIONS

3. Public notice of intended opinion poll.—On the issue of a notification under section 16, the poll commissioner shall give public notice of the intended opinion poll in Form 1 and shall publish it in such manner as he thinks fit.

4. Appointment of polling; agents.—(1) Every political party may appoint one polling agent and two relief agents at each polling station.

(2) Every such appointment shall be made in Form 2 and shall be signed either by the President or the General Secretary of the political party and shall be made over to the polling agent for production at the polling station.

(3) No polling agent shall be admitted into the polling station unless he has delivered to the presiding officer the instrument of his appointment under sub- rule (2) after d"lv completing and signing before the presiding officer the declara- tion contained therein.

5. Publication of hours fixed, for polling.—The hours fixed for the opinion poll under section 17 shall be published by notification in the Official Gazette of the Union territory.

6. Voting normally to be In person.—Save as hereinafter provided, all electors voting at the ODinlon poll shall do so In person at the polling station provided for them under section 11:

Provided that an elector on poll duty may vote at any other palling station subject to his complying with the provisions of rule 7.

7. Electors on poll duty.—Every elector on poll duty shall send an application in Form 3 to the Doll commissioner so aa to rea^h him at least four days, or such lesser period as the poll oornmi^sinner mav allow, before the date of poll and If the poll commissioner is satisfied that the applicant is on poll duty, he shall—

(a) issue to the applicant a poll duty certificate in Form 4; (b) mark 'PDC aizainst his name in the marked copy of the electoral roll to indicate that the poll duty certificate has been Issued to him; and (c) ensure that he is not allowed to vote at the polling station where he

would otherwise have been entitled to vote.

PART III

POSTAL BALLOT

8. Persons entitled to vote by post.—Service voters and electors under preventive detention shall, subject to their fulfilling the requirements hereinafter specified, he entitled to vote by post.

9. Electors under preventive detention.—(1) The Administrator shall, within 15 days of the issue of the notification under section 16, ascertain and intimate to the poll commissioner the names of the electors, if any, subjected to preventive detention together with their addresses and electoral roll numbers and the parti- culars about their places of detention.

(2) Any elector subjected to preventive detention may, within 15 days of the issue of notification under section 16, send an intimation to the poll commissioner that he wishes to vote by post, specifying his name, address and place of detention.

(3) The poll commissioner shall issue a postal ballot paper to every elector subjected to preventive detention whose name has been intimated to him under sub-rule (1) or sub-rule (2).

10. Form of ballot paper.—(1) A postal ballot paper shall be in the same form as the ordinary ballot paper with the words "postal ballot paper" stamped on the reverse.

11. Issue of ballot paper.—(1) A postal ballot paper shall be sent by past under certificate of posting to the voter together with—

(a) a declaration in Form 5; (b) a cover in Form 6; (c) a large cover addressed to the poll commissioner in Form 7: and

(d) instructions for the guidance of the electors in Form 8.

(2) The poll commissioner shall at the same time—

(a) record the serial number of each ballot paper against the entry relating

to that elector in the marked copy of the electoral roll; and

(b) ensure that the elector is not allowed to vote at a polling station.

(3) Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay.

(4) After ballot papers have been Issued to all the electors entitled to vote by post, the poll commissioner shall seal up in a packet that part of the marked copy of the electoral roll which relates to service voters and record on the packet a brief description of its contents and the date on which it was sealed and send the other relevant part of the marked copy to the several presiding officers for recording the serial numbers of ballot papers issued to the electors at the polling stations.

12. Recording of vote.—(1) An elector who has received a postal ballot paper and decides to vote shall record his vote on the ballot paper In accordance with the directions contained in Form 8, and then close it in cover in Form 6.

(2) The elector shall sign the declaration in Form 5 in the presence of and have the signature attested by, a stipendiary magistrate or such other officer fip?,ci?ed,below' as m ay be aPProPriate, to whom he is personally known or to whose satisfaction he has been identified—

(a) in the easo of a service voter, such officer as may be appointed in this behalf by the Commanding Officer of the unit, ship or establishment m which the voter or her husband, as the case may be, is employed or such officer as may be appointed in this behalf by the diplomatic or consular representative of India in the country in which such voter is resident;

(b) in the case of an elector under preventive detention, the Superintendent of the Jail or the Commandant of the detention camp in which the elector is under detention.

ls. Return of ballot paper.—(1) Afttr an elector has recorded his vote and. made his declaration under rule 12 he shall return the ballot paper and declaration to the poll commissioner in accordance with the instructions communicated to him in Form 8 so as to reach the poll commissioner before the hour fixed for the close of the poll on the date or the last of the dates fixed for such poll.

(2) If any cover containing a postal ballot paper is received by the poll com- missioner after the expiry of the time fixed in sub-rule (1), he shall note thereon the date and time of Its receipt and shall keep all such covers together in a separate packet.

(3) The poll commissioner shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him.

PART IV

VOTING IN THE OPINION POLL

14. DeaUn of ballot boxes.—The ballot boxes to be used at the opinion poll shall be of the design approved by the Election Commission for use at the Parlia- mentary and Assembly Elections in the Union territory.

15. Form of ballot papers.—Every ballot paper shall be in such form, and tfcfr particulars therein shall be In such language or languages, as the Chief Election Commissioner may direct.

16. Arrangements at polling stations.—(1) Outside each polling station there shall be displayed prominently a notice specifying the polling area the electors ot which are entitled to vote at the polling station, and if the polling area has more than one polling station, the particulars of the electors so entitled.

(2) At each polling station there shall be set up one or more voting compart- ments in which electors can record their votes screened from observation.

(3) The poll commissioner shall provide at each polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on ballot papers and articles necessary for electors to mark the ballot papers.

17. Admission to polling stations.—The presiding officer shall regulate the number of electors to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than—

(a) poling officers;

(b) public servants on duty in connection with the opinion poll;

(c) persons authorised by the Chief Election Commissioner;

(d) one polling agent of each political party;

(e) a child in arms accompanying an elector;

(f) a person accompanying a blind or infirm elector who cannot move

without help;

(g) such other persons as the poll commissioner or the presiding officers may employ under sub-rule (2) of rule 20 or sub-rule (1) of rule 21.

18 Preparation of ballot boxes for poll.—(1) Where a paper seal is used for securing a ballot box the presiding officer shall affix his own signature on the p a ™ s e al and obtain'thereon the signatures of such of the polluig agents present as are desirous of affixing the same.

(2) The presiding officer shall thereafter affix the paper seal, shall sign In the

open.

d) The seals used for securlnK a ballot box shall be affixed In such manner that Iftlr the box has been closed* it Is not possible to open it without breaking

the seals.

(4) Every ballot box used at a polling station shall bear labels both inside and lutside, marked with—

(a) the serial number and name of the polling station; (b) the serial number of the ballot box (to be filled in at the end of the

poll on the label outside the ballot box only); and

(c) the date of the poll.

(5) Immediately before the commencement of the poll, the presiding officer ;hall demonstrate to the polling agents and the persons present that the ballot aox is empty and bears the labels referred to in sub-rule (4).

(6) The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and the polling agents.

19. Marked copy of electoral roll.—Immediately before the commencement of the poll, the presiding officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be used during the poll docs not contain any entries other than those made in pursuance of clause (b) of rule 7 and clause (a) of sub-rule (2) of rule II.

20. Facilities foi< women electors.—(1) Where the polling station is for both men and women electors, the presiding officer may direct that they shall be admitted into the polling station alternately in separate batches.

(2) The poll commissioner or tho presiding officer may appoint a woman to serve as attendant at any polling station to assist women electors and also to assist the presiding officer generally in taking the poll in respect of women electors and in particular to help In searching any woman elector in case it becomes necessary.

21. Identification of electors.—(1) The presiding officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll.

(2) As each elector enters the polling station, the presiding officer or the polling officer authorised by him In this behalf shall chock the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector.

(3) In deciding the right of a person to obtain a ballot paper the presiding officer or the polling officer, as the case may be, shall overlook merely clerical or printing errors in an entry in the electoral roll, If he is satisfied that such person Is identical with the elector to whom such entry relates.

22. Facilities for public servants on poll duty.—(1) The provisions of rule 21 shall not apply to any person who produces at the polling station a poll duty certificate in Form 4 and asks for the issue of a ballot paper to him although the polling station is different from the one where he is entitled to vote.

(2) On production of such certificate, the presiding officer shall— (a) obtain thereon the signature of the person producing it; (b) have the person's name entered at the end of the marked copy of the

electoral roll; and

(c) issue to him a ballot paper, and permit him to vote, in the same manner

as for an elector entitled to vote at that polling station.

23. Challenge of identity.—(1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge.

<2) On such deposit being made, the presiding officer shall—

(a) warn the person challenged of the penalty for personation; (b) read the relevant entry in the electoral roll in full and ask him whethei

he Is the person referred to In that entry;

(c) enter his name and address In the list of challenged votes in Form 9;

and

(d) require him to affix his signature in the said list.

(3) The presiding officer shall thereafter hold a summary inquiry into the challenge and may for that purpose—

(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;

(b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and

(c) administer an oath to the person challenged and any other person

offering to give evidence.

(4) If, after the inquiry, the presiding officer considers that the challenge ha* not been established, he shall allow the person challenged to vote; and if he con- siders that the challenge has been established, he shall debar the person challenged from voting.

(5) If the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub- rule (1) be forfeited to Government, and in any other case, he shall return it to the challenger at the conclusion of the inquiry.

24. Safeguards against personation.—(L) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer or polling officer and an indelible ink mark to be put on It.

(2) If any elector refuses to allotw his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark he shall not be supplied with any ballot paper or allowed to vote.

(3) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a re- ference to any other finger of his left hand, and shall in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his finders of both the hands are missing be construed as n reference to such extremity of his left or right arm as he possesses,

25. Issue of ballot papers to electors.—(1) Every ballot paper shall before Issue 10 an elector be stamped with such dlstinEulslnjit mark as the Chief Election Com- missioner may direct.

(2) At the time of issuing a ballot paper to an elector, the polling officer shall record the serial number thereof auainst the entry relating to the elector in the marked copy of the electoral roll.

(3) Save as provided in sub-rule (2), no person in the polling station shall note down the serial number of the ballot papers issued to particular electors.

26 Voting procedure.—(0 The elector on receiving the ballot paper shall forth- with—

(a) proceed to the voting compartment, and 11 there are more than one- voting compartment, to one of the voting compartments,

(b) there make a mark on the ballot paper with the Instrument supplied for the purpose on or near the symbol for which he intends to vote,

(c) fold the ballot paper so as to conceal his vote, (d) if required, show to the presiding officer the distinguishing mark on the ballot paper,

(e) insert the folded ballot paper into the ballot box, and

(f) quit the polling station.

(2) No elector shrill be allowed to enter a voting compartment when another elector is inside It.

27. Recording of votes of blind or Infirm electors.—(1) If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit the elector to take with him a com- panion of not less than twenty-one years of age to the voting compartment for recording the vote on the ballot paper on his behalf and In accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and Inserting it into the ballot box :

Provided that no person shall be permitted to act as the companion of more than one! elector at any polling station on the same d a y:

Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, th" person shall be required to declarti that he will keep secret the vote recorded by him on behalf olf the elector and that he has not already acted as the companion of any other elector at any polling station on that day.

(2) The presiding officer shall keep a record In Form 10 of all cases under thia rule.

28. Spoilt and returned ballot papers.—(1) An elector who has Inadvertently dealt with his ballolt paper in such manner that it cajinot be conveniently uaed as ballot paper may, on returning it to the presiding officer and on satisfying him of the inadvertence, be given another ballot paper, and the ballot paper so re- turned shall be marked "Spoilt: cancelled" by the presiding officer.

(2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the presiding officer, and the ballot paper so returned shaU be marked as "Returned: cancelled" by the presiding officer.

(3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet.

29. Tendered votes.—(1) If a person representing himself to be a particular elector applies for a ballot paper after another perscin has already voted as such elector, he shall, on satisfactorily answering such questions relating to his iden- tity as the presiding officer may ask, be entitled, subject to the following provi- sions of this rule, to mark a ballot paper (hereinafter In these rules referred to as a "tendered ballot paper"} in the same manner as any other elector.

(2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list In Form 11.

(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling except that it shall be—

(a) serially the last in the bundle of ballot papers issued for use at the polling station; and

(b) endorsed on the back with the words "tendered ballot paper" by the presiding officer in his own hand and signed by him.

(4) The elector, after marking a tendered ballot paper in the voting compart- ment and folding it, shall, instead of putting it lnt0 the ballot box, give it to the presiding officer who shall place it in a cover specially kept for the purpose.

30. Close of poll.—(1) The presiding officer shall close a polling station at the hours fixed in that behalf under section 17 and shall not thereafter admit any elector into the polling station:

Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.

(2) II any question arises whether an elector was present at the polling station before it was closed, if shall be decided by the presiding officer and his decision shall be final.

31. Sealing of ballot boxes alter poll.—As soon as practicable after the closing of the poll the presiding officer shall close the slit ol the ballot box.

(2) The ballot box shall thereafter be scaled and secured.

(3) Where it becomes necessary to use a second ballot box by reason of tke first ballot, box getting lull, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use.

32. Account of ballot papers.—(1) The presiding officer shall at the close of the poll prepare a ballot paper account in Form 12 and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.

(2) The presiding officer shall permit any polling agent who so desires to take a true copy of the entries made in the ballot paper account and shall attest it as a true copy.

33. Sealing of other packets.—(1) The presiding officer shall then make into separate packets—

(a) the marked copy of the electoral roll; (b) the unused ballot papers; (c) the cancelled ballot papers; (d) the cover containing the tendered ballot papers and the list in Form 11; (e) the list of challenged votes; and (f) any other papers directed by the Chief Election Commissioner to b" kept in a sealed packet.

(2) Each such packet shall be sealed with the seals of the presiding offle"r and of those polling agents present who may desire to affix their seals thereon.

34. Transmission of ballot boxes, etc. to the poll commissioner.—(1) The presid- ing officer shall then deliver or cause to be delivered to¹' the poll commissioner at such place as the poll commissioner may direct— (a) the ballot boxes referred to in rule 31; (b) the ballot paper account; (c) the sealed packets referred to In rule 33; and (d) all other papers used at the poll.

(2) The poll commissioner shall make adequate arrangements for the sal" transport of ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes.

35. Procedure on adjournment of poll.—(1) If the poll at any polling station is adjourned under sub-section (1) of section 18, provisions of rules 31 to 34 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under section 17.

(2) When an adjourned poll is recommended under sub-section (2) of section 18, the electors who have already voted at the opinion poll shall not be allowed to vote again.

(3) The poll commissioner shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.

(4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for recording the serial numbers of the ballot papers issued to electors at the adjourned poll.

(5) The provisions of rules 14 to 34 shall apply In relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.

PARTY V

COUNTING or VOTES

36 Time and place for counting of votes.—The counting of votes under section 24 shall commence at 9 a.m. on the date next succeeding the date of poll and be done at such place as the poll commissioner may appoint; and the poll commis- sioner shaU, at least two days before the date of poll, give public notice of the date, time and place of counting:

Provided that if, for any reason, the poll commissioner finds it necessary so to do he may, with the approval of the Chief Election Commissioner, alter the date, time and place so fixed, or any of them, and give public notice of the alteration.

37. Appointment of representatives and counting agents by political parties.— (1) Every political party may appoint a representative to be present at the time of counting as provided in section 24, and may also appoint not more than fifteen counting agents for the same purpose.

(2) Every such appointment shall be made in Form 13 and shall be signed either by the President or the General Secretary of the political party and shaH be made over to the representative or counting agent for production before the poll commissioner not later than one hour before the time fixed for the commence- ment of counting under rule 38.

38. Admission to the place fixed for counting.—(1) The poll commissioner skall exclude from the place fixed for counting of votes all persons except—

(a) such persons as he may appoint to assist him in the counting; (b) persons authorised by the Chief Election Commissioner; (c) public servants on duty in connection with the poll; and (d) representatives and counting agents appointed by political parties.

(2) The poll commissioner shall decide which counting agent or agents skill watch the counting at any particular counting table or group of counting table*.

(3) Any person who during the counting of votes misconduct himself or failo to obey the lawful directions of the poll commissioner may be removed from UM place where the votes are being counted by the poll commissioner or by any police officer on duty or by any person authorised in this behalf by the poll com- missioner.

'

39. Maintenance of secrecy of. voting.—The poll commissioner shall before he commences the counting read the provisions of section 30 of the Act and sectloa 128 of the Representation of People Act, 1951, to such persons as may be present.

40. Counting of votes received by post.—(1) The poll commissioner shall first deal with the postal ballot papers in the manner hereinafter provided.

(2) No cover in Form 7 received by the poll commissioner after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted.

(3) The other covers shall be opened one after another and as each cover 13 opened, the poll commissioner shall first scrutinise the declaration in Form 6 contained therein.

(4) If the said declaration is not found, or has not been duly signed and attested or is otherwise substantially defective, or if the serial number of Xhe> ballot paper as entered In It differs from the serial number endorsed on the cover in Form 6, that cover shall not be opened, and after making an appropriate endorsement thereon, the poll commissioner shall reject the ballot paper therein contained-

(5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form 7 and all such covers in Form 7 shall be kept tn a separate packet which shall be sealed and on which shall be recorded the dato of counting and a brief description of Its contents.

<6) The poll commissioner shall then place all the declarations in Form 5 which he has found to be in order In a separate packet which shall be sealed before any cover in Form 6 is opened and on which shall be recorded the particulars referred to in sub-rule (5).

(7) The covers in Form fi not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the poll commissioner shall scrutinise each ballot paper and decide the validity of the vote reeordad thereon.

<8) A postal ballot paper shall be rejected— (a) if no vote is recorded thereon; or (b) if the vote is recorded on or near both the symbols; or

(c) if it Is a spurious ballot paper; or

(d) If It Is so damaged or mutilated that its identity as a genuine ballot

paper cannot be established; or

(e) if it is not returned in the cover sent along with it to the elector by

the poll commissioner.

(9) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make It doubtful whether the vote is for merger or for Union territory.

(10) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is Indistinct or made more than once, if the intention that the vote shall be for merger or lor Union territory clearly appears from the way the paper is marked.

(11) The poll commissioner shall count all the valid votes given by postal ballot for merger and for Union territory, record the total thereof In the result sheet in Form 14 and announced the same.

(12) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seals of the poll commissioner and of such of the counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the date of counting and a brief description of its contents.

41. Scrutiny and opening of ballot boxes.—(l) The poll commissioner may have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.

(2) Before any ballot box is opened at a counting table, the counting agents present at the table shall be allowed to inspect the paper seal and to satisfy themselves that it is Intact.

(3) The poll commissioner shall satisfy himself that none of the ballot boxes has In fact been tampered with.

(4) If the poll commissioner is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in section 25 in respect of. that polling station.

42. Counting of votes.—(1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised.

(2) The poll commissioner shall reject a ballot paper—

(a) if it bears any mark on writing by which the elector can be Identified, or (b) if it bears no mark at all or bears a mark made otherwise than with

the Instrument supplied for the purpose, or

(c) if votes are recorded on or near both the symbols, or (d) If the mark indicating the vote thereon is placed In such manner as to make it doubtful whether the vote Is for merger or for Union terri- tory, 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 number or, as the case may be, the design of the ballot paper autho- rised for use at the particular polling station, or

(h) if it does not bear the distinguishing mark which it should have borne under sub-rule (1) of rule 25:

Provided that where the poll commissioner 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 or polling officer, the ballot paper shall not be rejected merely on the ground of such defect:

Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the Intention of the voter clearly appears from the way the paper is marked.

(3) Before rejecting any ballot paper under sub-rule (2) the poll commissioner shall allow the representatives of the political parties present at his table a reason- able opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper.

Ki) The poll commissioner shall endorse on every ballot paper which he rejects the letter 'R¹ and the grounds of rejection in abbreviated form either In his own hand or by means of a rubber stamp, and shall initial such endorsement.

t5) All ballot papers rejected under this rule shall be bundled together.

(6) Every ballot paper which ia not rejected under this rule shall be counted as one valid vote:

Provided that no cover containing tendered ballot papers shall be opened and no ."uch paper shall be counted.

(7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the poll commissioner shall make the entries in a result sheet in Form 14 and announce the particulars.

43. Sealing- of used, ballot papers.—-The valid ballot papers and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seal of the poll commis- sioner and of such representatives of the political parties as may desire to affix their seals thereon arid on the packets so sealed shall be recorded the particulars of the polling station where the ballot papers have been used.

44. Counting- to be continuous.—The poll commissioner shall, as far as practica- ble,, proceed continuously with the counting and shall, during any Intervals when the counting has to be suspended, keep the ballot papers, packets and all other papers relating to the poll sealed with his own seal and the seals of such counting agents as may desire to affix their seals and take sufficient precaution for their safe custody during such intervals.

45. Recommencement of countlnn after fresh poll.—(i)I£ a fresh poll is held under section 19, the poll commissioner, shall, after completion of that poll, re- commence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given.

(2) The provisions of rules 42 and 4.3 shall apply, as far as may be, to such further counting.

PART VI