COUNTING OF VOTES

Counting of votes and declaration of results.

Election Commission's letter No. 464/96/(inst.)/Vol.II, dated 28 April, 1996, addressed to the Chief Electoral Officer of all States and Union Territories
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Subject:- Counting of votes and declaration result

The Commission had issued detailed instructions in the matter of counting of votes and declaration of results vide its letter No. 464/96(inst.)/Vol.II dated 16th February, 1996. It has been directed therein that after the counting is complete in all respects, the Returning Officer may declare the result of counting under section 66 of the Representation of the People Act, 1951 except in the cases covered under para 6 sub-classes 1 to 5. In these cases covered under the exemptions it has been directed that the result of counting shall not be declared without the specific prior written clearance of the Commission.

2. The Commission has directed that in those cases where the result of the election declared by the R.O. under section 66 of the Representation of the People Act, 1951, without any clearance from the Commission, he should, immediately upon the declaration of the result and without any loss of time, fax the following details to the Election Commission.

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

(ii) valid votes polled by the returned candidate;

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

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

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

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

(vii) a certificate that no unusual features were found during the counting leading to suspicion; about irregularities; to enable the Commission to recheck the position in respect of each such case.

3. In cases where the Commission's prior permission is required, the RO should furnish full particulars in the prescribed proforma (Annexure II) of the Commission's letter dated 16.2.96 for seeking prior permission for declaration of result.

4. The contents of this letter may be brought to the notice of all the Returning Officers for strict compliance.



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