COUNTING OF VOTES

Clarification regarding procedure of mixing ballot papers.

Election Commission's message No. 470/96/ JUD-II (Vol.II), dated14th April, 1996 addressed to Chief Electoral Officers of All States, and Union Territories (except Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep)
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SUBJECT:- CLARIFICATION REGARDING PROCEDURE OF MIXING OF BALLOT PAPERS.

REFER COMMISSION'S NOTIFICATION OF EVEN NUMBER DATED 4TH APRIL, 1996 UNDER RULE 59A OF THE CONDUCT OF ELECTIONS RULES, 1961 REGARDING COUNTING OF VOTES BY MIXING OF BALLOT PAPERS(.) DOUBTS HAVE ARISEN WHETHER MIXING OF BALLOT PAPERS IS TO BE DONE ASSEMBLY SEGMENT WISE OR OF ENTIRE PARLIAMENTARY CONSTITUENCY. ATTENTION IN THIS CONNECTION IS INVITED TO EXPLANATION TO RULE 56(B) (SEE PAGE NO.70 OF MANUAL OF ELECTION LAW, VOL. II) AS APPLIED BY RULE 59A OF CONDUCT OF ELECTIONS RULES, 1961 WHICH PROVIDES THAT FOR THE PURPOSE OF RULE 59A, THE EXPRESSION "CONSTITUENCY" SHALL, IN RELATION TO AN ELECTION FROM A PARLIAMENTARY CONSTITUENCY, MEAN ASSEMBLY CONSTITUENCY COMPRISED THERE IN (.) ACCORDINGLY, BALLOT PAPERS ARE TO BE MIXED OF THE ASSEMBLY SEGMENT AND NOT OF THE ENTIRE PARLIAMENTARY CONSTITUENCY. INFORM ALL RETURNING OFFICERS ACCORDINGLY (.) PARA (.)

THE ABOVE POSITION MAY ALSO BE MADE CLEAR IN THE PRESS NOTE TO BE ISSUED AS INSTRUCTED BY COMMISSION'S LETTER OF EVEN NUMBER DATED 4TH APRIL, 1996 (.) IN THE PRESS NOTE (STANDARD FORMAT OF WHICH WAS ENCLOSED WITH THAT LETTER) FOR THE WORDS "ENTIRE CONSTITUENCY" OCCURRING IN THE 10TH LINE. THE WORDS "CONSTITUENCY ASSEMBLY SEGMENT-WISE" SHOULD BE SUBSTITUTED BEFORE ISSUING PRESS NOTE (.)




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