Section 58State of Maharashtra Act

Section 58: Scrutiny and rejection of ballot papers

Maharashtra Co-operative Societies (Election to Committee) Rules, 2014

Scrutiny and rejection of ballot papers.

(1)

The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.

(2)

The Returning Officer shall reject a ballot paper,-

(a)

it if bears any mark or writing by which the voter can be identified, or

(b)

if no vote is recorded thereon, or

(c)

if votes are given on it in favour of more than one candidate, where only one candidate is to be elected, or

(d)

where more than one candidate is to be elected, if the voter has recorded on the ballot paper more votes than he is entitled to give, or

(e)

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

(f)

if it is a spurious ballot paper, or

(g)

if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or

(h)

if it bears a serial number, or is of a design different from the serial number or, as the case may be, design of the ballot papers authorized for use at the polling station.

(i)

if it does not bear the mark which it have borne under the provisions of sub-rule (3) of rule 43 :

Provided that,--

(a)where the Returning Officer is satisfied that any such defects as is mentioned in clause (h) or (i) of this sub-rule has been caused by any mistake or failure on the part of the Presiding Officer or the Polling Officer, the ballot paper shall not be rejected merely on the ground of such defect ;

(b)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 that the vote shall be for a particular candidate clearly appears from the way the paper is marked ;

(3)

Before rejecting any ballot paper under sub-rule (2), the Returning Officer shall allow each Counting Agent present a reasonable opportunity to inspect the ballot paper.

(4)

The Returning Officer shall record on every ballot paper which he rejects the Letter 'R' and the grounds of rejection in abbreviated form by means of a rubber stamp.

(5)

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

Sec 57 — Scrutiny and opening of ballot boxes

Sec 59 — Procedure for counting of votes

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