Section 90: Proceedings at the close of poll

90. Proceedings at the close of poll.— (1) The Presiding Officer shall count the votes immediately after the close of the poll in the presence of such of the contesting candidates, election agents, polling agents and authorized observers as may be present. (2) The Presiding Officer shall give such of the contesting candidates, election agents, polling agents and authorized observers as may be present reasonable facility of observing the count and give them such information with respect to the count as can be given consistent with the orderly conduct of the count and the discharge of his duties in connection with the count. (3) The Presiding Officer shall not allow any person to be present at the count other than election officials on duty in connection with the poll, the contesting candidates, their election agents and polling agents or any other person authorized by the Commission. (4) The Presiding Officer shall— (a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom; (b) open the packets bearing the labels “Tendered Ballot Papers” and “Challenged Ballot Papers” and count them; and (c) count, in such manner as may be prescribed, the votes cast in favour of each contesting candidate excluding from the count the Spoilt Ballot Papers and the ballot papers which bear— (i) no official mark and signature of the Presiding Officer; (ii) any writing or any mark other than the official mark, the signature of the Presiding Officer and the prescribed mark or to which a piece of paper or any other object of any kind has been attached; (iii) no prescribed mark to indicate the contesting candidate for whom the voter has voted; or (iv) any mark from which it is not clear for whom the voter has voted. (5) A ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate and, where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed invalid. (6) The Presiding Officer may recount the votes if he considers it necessary— (a) of his own motion; or (b) upon the request of a contesting candidate, an election agent or a polling agent present: Provided that the recount shall be made by the Presiding Officer only once. (7) The valid ballot papers cast in favour of each contesting candidate, shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number, both in letters and figures, of the ballot papers put in it and shall also indicate the nature of its contents, specifying the name and symbol of the contesting candidate to whom the packet relates. (8) The ballot papers excluded from the count shall be put in a separate packet indicating on the packet the total number of the ballot papers contained in the packet both in letters and figures. (9) The packets mentioned in sub-sections (7) and (8) shall be put in a principal packet which shall be sealed by the Presiding Officer. (10) The Presiding Officer shall, immediately after the count, prepare a Result of the Count in such form as may be prescribed showing therein the number of valid votes polled by each contesting candidate and the ballot papers excluded from the count. (11) The Presiding Officer shall prepare in the prescribed form a Ballot Paper Account showing separately— (a) the number of ballot papers entrusted to him; (b) the number of un-issued ballot papers; (c) the number of ballot papers taken out of the ballot box or boxes and counted; (d) the number of Tendered Ballot Papers; (e) the number of Challenged Ballot Papers; and (f) the number of Spoilt Ballot Papers. (12) The Presiding Officer, after preparation of the Result of the Count and the Ballot Paper Account, shall sign them and obtain thereon the signatures of the senior-most Assistant Presiding Officer and an accredited observer, a candidate or his election agent or polling agents as may be present in token of the said documents having been prepared in their presence and if any such person refuses to sign it, the Presiding Officer shall record a note on the result of the count and the ballot paper account to that effect. (13) The Presiding Officer shall give a copy each of the Result of the Count and the Ballot Paper Account signed, stamped and thumb marked by him and the senior most Assistant Presiding Officer to such of the candidates, their election agents or polling agents as may be present and obtain a receipt for such copy and if any such person refuses to sign it, the Presiding Officer shall record a note to that effect. (14) The Presiding Officer shall publish the Result of the Count and Ballot Paper Account, signed by him and others, by affixing copies at a conspicuous place at the polling station for public inspection. (15) The Presiding Officer shall seal in separate packets— (a) the un-issued ballot papers; (b) the Tendered Ballot Papers; (c) the Tendered Votes List; (d) the Challenged Ballot Papers held to be valid and counted by the Presiding Officer; (e) the Challenged Ballot Papers considered doubtful and excluded from the count by the Presiding Officer; (f) the Challenged Votes List; (g) the Spoilt Ballot Papers; (h) the marked copies of the electoral rolls; (i) the counterfoils of used ballot papers; and (j) such other papers as the Commission or Returning Officer may direct. (16) The Presiding Officer shall obtain on each statement and packet prepared under this section the signature of such of the contesting candidates or their election agents or polling agents as may be present and, if any such person refuses to sign, the Presiding Officer shall record that fact on each such statement or packet. (17) A person required to sign a statement or packet under sub-section (16) may, if he so desires, also affix his seal to it. 1[(18) Immediately after the close of proceedings under this section, the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf, personally deliver without delay the result of the count and the ballot paper account prepared by him to the Returning Officer and to such other officer as may be authorized by the Commission, together with such other records as the Commission may direct: Provided that if the Returning Officer is of the view that delivery has been inexcusably delayed, he shall refer the defaulting Presiding Officer to the Commission for initiation of disciplinary proceedings under section 54 and pending final decision in these proceedings, remuneration due to the Presiding Officer in connection with the election shall be withheld.]

Effective date: 2017-10-02

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