COUNTING OF VOTES

Counting of votes and declaration of results.

Election Commission's letter No. 464/96(INST) VOL.III, dated 9th September, 1996, addressed to 1. Chief Electoral Officer, Jammu & Kashmir, Srinagar, and 2. Chief Electoral Officer, Uttar Pradesh, Lucknow.

No. 464/96(INST.) Vol.III, Dated September 9, 1996.

Subject:- Counting of votes and declaration of results

Order

This is in supersession of all the earlier instructions and orders on the subject of clearance for commencing counting of votes and declaration of results.

2. The returning officer should be directed to send their detailed and comprehensive reports about the development on the day of the poll. The first report should reach the Commission not later than 1300 hours on the day of poll, the second report not later than 1900 hours on the day of poll and the third report not later than 0700 hours on the day following the day the date of poll. The Commission has prescribed a proforma for forwarding such report which is enclosed in Annexure I.

3. Each report should be fully comprehensive giving details of every important event like

(i) Impersonation and bogus voting;

(ii) Interruption obstruction of poll due to riots, open violence, natural calamity or any other cause;

(iii) Vitiation of the poll by any of the ballot boxes having been unlawfully taken out of the custody of the presiding officer, accidentally or unintentionally lost or destroyed or damaged or tampered with;

(iv) The ballot papers having been unlawfully marked by any person and deposited in the ballot box;

(v) Booth capturing;

(vi) Serious complaints;

(vii) Violence and breach of law and order;

(viii) Mistakes and irregularities committed which have a bearing on the elections;

(ix) Weather conditions and

(x) Poll percentage etc.

3. The last report should also include whether all the polling parties have returned to headquarters or not, and whether all the diaries of Presiding Officer have been scrutinized by the returning officer and irregularities if any detected, the cases of repoll/fresh poll etc. These reports should be sent to the Commission direct by the returning officers by the fastest means of communications. A copy of the report should be endorsed to the Chief Electoral Officer.

4. These reports are scrutinized in the Commission. Failure to send any of these reports will be viewed as gross failure of statutory duty.

5. In respect of the Assembly Constituencies going to poll on dates preceding last date of poll, prior clearance for counting of votes from the Commission is mandatory. If counting of votes is commenced in any of these assembly constituencies without the specific clearance of the Commission in violation of these instructions and any result is declared, the Commission will declare such declaration of result as null and void.

6. In respect of assembly constituencies which are going to poll in the last phase, there may be shortage of time to furnish reports and obtain prior clearance of the Commission to commence counting of votes. Keeping this in view the Commission has dispensed with the requirement of obtaining prior clearance for commencement of counting of votes. However, the returning officers of these assembly constituencies are authorised to commence counting of votes after entering a written certificate to the following effect.



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