COUNTING OF VOTES

Counting of votes and declaration of results.

Certified that I have satisfied myself that

(i) None of the ballot boxes in any of the polling booths in assembly constituency of ............ have been tampered with in any manner;

(ii) That all cases requiring repoll have been reported, the Commission's Orders obtained and repoll conducted wherever the Commission ordered such repoll;

(iii) That all complaints received from political parties, candidates or their agents have been dealt with and a speaking order has been passed by the returning officer in each cases;

(iv) That these are no reports alleging irregularity during the poll by the Presiding Officers, visiting Zonal Magistrates etc. Election Commission observers pending disposal;

(v) No report in any matter in relation to the poll has been called for by the Commission or the Chief Electoral Officer and is awaiting finalisation and

(vi) That the returning officer has satisfied himself that there is nothing on record which militates against the commencement of counting of votes.

7. In every such case in which the returning officer is unable to certify to the above effect, he should refer the case to the Commission and obtain the Commission's Orders before commencement of counting of votes. There will be no exception.


Declaration of Results

8. After the counting of votes is complete in all respects the returning officer may declare the result of counting of votes under section 66 of the Representation of People Act, 1951 EXCEPT in following cases:

(i) The margin of votes secured by first two leading candidates is less the 5% of the total valid votes polled by all candidates;

(ii) The returning officer has set aside any ballot box before Counting of votes which have been found tampered of in any manner;

(iii) There are complaints from candidates or their agents about any tampering with the seals of ballot boxes;

(iv) There is a request for recounting which has been rejected;

(v) Any unusual features found during the counting of votes leading to suspicion of irregularities.

9. In any of the above types of cases, the Commission directs that the result of counting of votes shall not repeat not be declared without the specific prior written clearance of the Commission.

10. To enable the Commission to give clearance for declaration of result, the Commission has prescribed a proforma which is enclosed in Annexure II.

11. At the time of seeking permission for declaration of results and the returning officer should supply the following information to the Commission.

(i) Total valid votes polled by all candidates put together;

(ii) Valid votes polled by the returned candidates;

(iii) Valid votes polled by the second candidate, the difference (percentage) in valid votes, percentage of such difference;

(iv) Certificate that no ballot box had been set apart before counting of votes as being found tampered with in any manner;

(v) Certificate that there were no complaints from candidates or the agents about any tampering of the seals of the ballot boxes;

(vi) Certificate that there was no request for recount; or that there was a request which was considered and accepted/rejected along with the details thereof;

(vii) Certificate that no unusual features were found during the counting of votes leading to suspicion; about irregularities.

(viii) Any other abnormal feature;

(ix) Certificate to the effect that every single complaint received has been dealt with and a speaking written order has been issued; and

(x) Recommendation of Returning Officer along with the reason for such recommendation.



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