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[
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[3. The Election Commission shall be constituted in accordance with Article 118 of the Constitution.]
Subject to the provisions of this Order, the Commission shall regulate its own procedure.]
The Commission may authorise
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[the Chief Election Commissioner or any of the Election Commissioners] or any of its officers to exercise and perform all or any of its powers and functions under this Order.
Provided thatno vehicle or vessel which is being used by a candidate or his election agent for any purpose connected with the election of such candidate shall be so requisitioned.
Provided thatwhere the owner of the vehicle or vessel being aggrieved by the amount of compensation so determined, makes an application to the Government within period of thirty days from the date the amount has been determined for the matter being referred to an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine.
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[7.
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[* * *] (1) The Commission shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies.
Provided thatno Assistant Returning Officer shall be appointed for more than one constituency.
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[or constituency] in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission.
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[(7) Where the Commission withdraws any officer or person under clause (6), it-
(a) may, if such officer or person is working in any polling station or constituency, direct him to leave the polling station or the constituency at once;
(b) shall, in case of a direction under sub-clause (a), direct such officer or person to remain out of the constituency for the period specified in the direction, and accordingly he shall comply with the direction, and if he is required to perform any official duty only in that constituency, his appointing authority shall make arrangement for his leave or otherwise;
(c) shall refer the matter to the appropriate authority for taking disciplinary and other actions in relation to such officer or person.]
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[(1) The Commission shall maintain a list of polling stations
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[prepared by the District Election Officer and approved by the Commission] for the purpose of election of a member for every constituency.]
[The Commission may make such alterations in the list of polling stations as it may consider necessary and shall, at least twenty five days] before the polling day, publish in the official Gazette, the final list of polling stations specifying the area the electors whereof will be entitled to vote at each polling station.
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[(5) At any time after the finalization of candidature, if it is found that any polling station published in the Official Gazette under clause (2), belongs to, or is under the control of any candidate, the Commission may alter such polling station.]
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[(1) The returning Officer shall, by a notice in writing, require all heads of offices, institutions and establishments, whether Government or non-Government, in the district to provide him with a list of their officers and employees of such grades as he may specify for preparation of a panel of Presiding Officers, Assistant Presiding Officers and Polling Officers from among them.
Provided thata person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer.]
Provided thatduring the course of the poll the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding Officer and it shall be the duty of the Assistant Presiding Officer to perform the functions so entrusted.
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[and shall inform the Commission of such suspension] any Presiding Officer, Assistant Presiding Officer, Polling Officer and make such arrangements as he may consider necessary for the performance of the functions of the officer so suspended.
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[immediately after the publication of notification under clause (1) of Article 11].
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[(a) a day on or before which the nomination of candidates may be filed;]
(b) a day
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[or days] for the scrutiny of nomination papers;
(c) a day on or before which candidature may be withdrawn; and
(d) a day
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[or days], at least fifteen days after the withdrawal day, for the taking of the poll.
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[or the Assistant Returning Officer].
12। Returning Officer tax valid void/invalid declaration tax।
(a)
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[a sum of Taka
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[fifty] thousand is deposited in cash or by bank draft or pay order or treasury challan in favour of the Election Commission] by the candidate or by any person on his behalf at the time of its delivery; or
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[(b) it is accompanied by a receipt or a true copy thereof duly attested by a gazetted government servant showing that a sum as aforesaid has been deposited by the candidate or by any person on his behalf with the Returning Officer or the Assistant Returning Officer or at any Bank or at a Government Treasury or Sub-Treasury.]
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[13A. (1) Notwithstanding anything contained in the Order, no person may at the same time be a candidate for more than
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[three] constituencies.
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[***]
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[three] constituencies, all his nomination papers in respect of all the constituencies shall be void].
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[delivered or forwarded to him under Article 12].
(a) the candidate is not qualified to be elected as a member;
(b) the proposer or the seconder is not qualified to subscribe to the nomination paper;
(c) any provision of Article 12 or Article 13 has not been complied with; or
(d) the signature of the proposer or the seconder is not genuine:
Provided that-
(i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;
(ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith; and
(iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.
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[(3a) If any person subscribes to more than one nomination papers, all such nomination papers, except the one found valid, shall not be required to be scrutinized.]
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[***] and shall
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[***] record a brief statement of the reason therefor.
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[
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[(5) If a candidate or any bank or any financial or service-providing organization of the Government is aggrieved by the decision of the Returning Officer, he or the concerned organization may prefer an appeal to the Commission within the prescribed period, and any order passed on such appeal shall be final.]]
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[the decision of the Returning Officer on] a nomination paper has been accepted by the Commission, the list of validly nominated candidates shall be revised accordingly.
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[16. (1) Any validly nominated candidate may, by notice in writing signed by him and delivered, on or before the withdrawal day, to the Returning Officer, either by such candidate in person or by an agent authorised in this behalf in writing by such candidate, withdraw his candidature.
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[or if his candidature is cancelled under clause (2) of Article 91E,] the Returning Officer shall, by public notice, terminate the proceedings relating to that election.
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[:
Provided thatit shall not be necessary for the other contesting candidates to file fresh nomination papers or make a further deposit under Article 13.]
Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, take place on the day appointed therefor, he may postpone or adjourn such proceedings and shall, with the approval of the Commission, by public notice fix another day for the proceedings so postponed or adjourned and, if necessary, also the day or days subsequent proceedings.
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[(1)(a) Where, after scrutiny under Article 14, only one person remains validly nominated for election as a member from a constituency, or where, after withdrawal under Article 16, only one candidate remains, in such case, the election shall be held between the sole candidate and the 'No Vote' option. If the number of Votes received by the contesting candidate exceeds the number of 'No Vote', the Returning Officer shall, by public notice, declare such candidate to be elected to the seat. If the number of 'No Votes' exceeds the number of votes received by the contesting candidate, a fresh election shall be held in that constituency by announcing a fresh schedule.
(b) If in an election held under sub-clause (a) of clause (1), the "No Vote" is higher, and if in the subsequent election also only one person remains validly nominated or, as the case may be, as the only candidate, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat:"
Provided thatif after scrutiny any candidate indicates that he intends to make an appeal under clause (5) of Article 14 against the rejection of his nomination paper, no person shall be declared elected uncontested until the period prescribed for filing such appeal has expired and no such appeal has been filed or, where an appeal is filed, until the disposal of such appeal.]
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[one or more] contesting candidates than one in respect of any constituency, the Returning Officer shall-
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[(a) allocate, in the case of a contesting candidate set up by a registered political party, the symbol reserved for that party by the Commission under this Order or the rules
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[:
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[Provided that the Commission, on an application made to it in this behalf within 3 (three) days after the publication of the notification under clause (1) of Article 11, may in case of a combination of two or more registered political parties who have agreed to set up joint candidates for election, allot the symbol reserved for the political party to which the candidate belongs;]]
(aa) allocate,
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[in the case of independent] contesting candidates, subject to any direction of the Commission, one of the prescribed symbols to each such contesting candidate; and in so doing shall, so far as possible, have regard for any preference indicated by the candidate;]
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[and]
(b) publish in such manner as the Commission may direct the names of contesting candidates arranged in the alphabetical order specifying against each the symbol allocated to him
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[***]
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[***]
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[any voter of the concerned constituency] qualified to be elected as a member to be his election agent.
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[(1) The contesting candidate or his election agent, may, before the commencement of the poll, appoint for each polling booth of a polling station not more than one polling agent and shall give notice thereof in writing to the Presiding Officer.]
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[(3) The Presiding Officer shall not accept a polling agent unless he wears an identity card granted by the person appointing him containing his name and the name of the candidate for whom he is appointed as a polling agent.]
Where any act or thing is authorised by this Order to be done in the presence of the candidate, an election agent or a polling agent, the failure of such person to attend at the time and place appointed for the purpose shall not invalidate any act or thing otherwise validly done
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Provided thatthe Returning Officer or the Presiding Officer, as the case may be, shall, as far as practicable, endeavour to ensure the attendance of the said person at the time of doing the said act or thing:
Provided further that, if a candidate or his election agent or polling agent is found absent at the time of doing the said act or thing, the Returning Officer or the Presiding Officer, as the case may be, shall immediately try to find out the reason of such absence and record the fact and communicate it to the Commission together with his comments thereon, and shall endeavour to ensure such attendance.]
The Returning Officer shall, subject to any direction of the Commission, fix the hours during which the poll shall be taken and give public notice or the hours so fixed.
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[25.(1) The Presiding Officer of a polling station shall stop the poll and inform the Returning Officer that he has done so, if-
(a) the poll at the polling station is, at any time, so interrupted or obstructed for reason beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under Article 24; or
(b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such an extent that the result of the poll at the polling station cannot be ascertained.
(a) appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll shall be taken; and
(b) give public notice of the day so appointed and the place and hours so fixed.
An election under this Order shall be decided by secret ballot
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[***] and, subject to the provisions of Article 27, every elector shall cast his vote by inserting, in accordance with the provisions of this Order, in the ballot box, a ballot paper in the prescribed form.
26। oath prescribed/determined tax ।
26। candidate election day oath tax।
26। oath ।
26। oath record tax ।
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[27. (1) The following person may cast their votes by postal ballot in such manner as may be prescribed through circular, namely: —
(a) any person in the service of the Government, if stationed for discharging any public duty in an area other than the constituency or voter area in which he is registered to vote;
(b) a person detained in any prison or other lawful custody within Bangladesh;
(c) a person appointed for the performance of any duty in connection with an election at a polling station other than the one at which he is entitled to cast his vote; and
(d) a Bangladeshi voter living abroad.
(a) in the case of, a person referred to either in sub clause (a) or (b) of clause (1), within fifteen days from the date of the publication of the notification under Article 11;
(b) in the case of, a person referred to in sub clause (c) of that clause, soon after his appointment; and
(c) in the case of, an elector referred to in sub-clause (d) of clause (1), within such time as may be prescribed by the Commission by issuing a circular under clause (13).
(a) no tick or cross mark is placed against any symbol; or
b) a tick or cross mark is placed against more than one symbol; or
c) a tick or cross mark is so placed that it cannot reasonably be ascertained for which candidate the vote has been cast; or
d) the postal ballot is not received by the Returning Officer before the count under Article 37A; or
e) any change in the list of candidates of a particular constituency or constituencies is made by any court at relevant time; or
(f) no declaration is made by the voter.
(a) ensure that every ballot box to be used is empty;
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[(aa) deliver such empty ballot box to the Assistant Presiding Officer or Polling Officer recording the serial number of the concerne ballot box and the serial number of the seal thereon and obtaining signature of the receiver in the respective column of the prescribed form and endeavour to obtain signature of the agents of candidates who is willing to put signature on the said form;]
(b) show the empty ballot box to the contesting candidates and their election agents and polling agents whoever may be present;
(c) after the ballot box has been shown to be empty, close and seal it; and
(d) place the ballot box so as to be conveniently accessible to the elector, and at the same time within the sight of himself and of such candidates or their election or polling agents as may be present.
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[with his own seal and signature and with the seals or signatures of the contesting candidates or election agents or polling agents present who may wish to seal or sign it] and keep it in a secure place and use another ballot box in the manner laid down in clause (4).
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[1] The Presiding Officer shall, subject to such instructions as the Commission may give in this behalf, regulate the number of electors to be admitted to the polling station at a time and exclude from the polling station all other persons except-
(a) any person on duty in connection with the election;
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[(b) the contesting candidates and their election agents and one polling agent of each contesting candidate for each booth;
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[(bb) officers, persons, election observers and media personnel authorized by the Commission; and]]
(c) such other persons as may be specifically permitted by the Returning Officer.
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[(2) Notwithstanding anything contained in clause (1), no other individual including any candidate, agent of a candidate, leader or worker of any political party, or any influential person shall loiter unnecessarily within the polling station or within the boundary prescribed for the polling station.
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[(1) Where an elector presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the elector with reference to
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[the electoral roll], issue
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[***] him a ballot paper
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[***].
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[***]
(a) he shall be required to receive a personal mark made with indelible ink on the thumb or any other finger of either hand;
(b) the number and name of the elector as entered in the electoral roll shall be called out;
(c) a mark shall be placed on the electoral roll against the number and name of the elector to indicate that a ballot paper has been issued to him;
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[(d) the ballot paper shall on its back be stamped with the official mark and signed by the Assistant Presiding Officer;]
(e) the number of the elector on the electoral roll shall be marked in writing on the counterfoil by the Presiding Officer who shall also stamp the counterfoil with the official mark
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[;
(f) the elector shall put his signature or thumb impression on the counterfoil of the ballot paper.]
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[(a) if so requested by any contesting candidate or an election agent
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[or polling agent], show the official mark on the back of the ballot paper to him;
(aa) forthwith proceed to the place reserved for marking the ballot paper;]
(b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and
(c) after he has so marked, fold the ballot paper and insert it in the ballot box.
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[***]
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[election agent or] polling agent declares to the Presiding Officer that he has reasonable cause to believe that that person has already voted at the election, at the same or another polling station or is not the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to prove the charge in a Court of law and deposits with the Presiding Officer in cash such sum as may be prescribed, the Presiding Officer may, after warning the person of the consequences and obtaining his thumb impression and, if he is literate, also his signature, on the counterfoil, issue a ballot paper (hereinafter referred to as “challenged ballot paper”) to that person.
No person shall be given any ballot paper or be permitted to vote after the hour fixed for the close of the poll except the persons who at that hour are present within the building room, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.
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[election agents, polling agents
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[,election observers and media personnel] shall be allowed to remain] present at the count.
(a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;
(b) open the packed labelled "challenged ballot papers" and include the ballot papers therein the count;
(c) count, in such manner as may be prescribed, the votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear-
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[(i) no official mark and signature;]
(ii) any writing or any mark other than the official mark 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 indicating the contesting candidate for whom the elector has voted; or
(iv) any mark from which it is not clear for whom the elector has voted, provided that 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 not to show clearly for whom the elector has voted.
(a) of his own motion if he considers it necessary; or
(b)
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[upon the request in writing] of a contesting candidate or an election agent or polling agent present if, in his opinion, the request is not unreasonable.
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[,in both words and figures,] the number of valid votes polled by each contesting candidate and the ballot paper excluded from the count.
(a) the number of ballot papers entrusted to him;
(b) the number of ballot papers taken out of the ballot box or boxes and counted;
(c) the number of tendered ballot papers;
(d) the number of challenged ballot papers;
(e) the number of un issued ballot papers; and
(f) the number of spoilt ballot papers.
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[(11) The Presiding Officer shall
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[***] give a certified copy of the statement of the count and the ballot-paper account, showing the numbers in both words and figures, 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 give any receipt, the Presiding Officer shall record that fact.]
(a) un-issued ballot papers;
(b) spoilt ballot papers;
(c) tendered ballot papers;
(d) challenged ballot papers;
(e) the marked copies of the electoral rolls;
(f) counterfoils of used ballot papers;
(g) the tendered votes list;
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[(gg) ballot box issue forms showing the total number of ballot boxes issue and used.]
(h) the challenged votes list; and
(i) such other papers as the Returning Officer may direct.
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[(13) The Presiding Officer shall obtain on each statement and packet prepared under this Article 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.]
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[, and shall also send a copy of the statement of the count to the Commission by post.]
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[(2) Before consolidating the results of the count, the Returning Officer, if he thinks necessary, may examine the ballot papers excluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not have been so excluded, may count it as a ballot paper cast in favor of the contesting candidate for whom the vote has been cast thereby.]
(a) the count by the Presiding Officer is challenged in writing by a contesting candidate or his election agent and the Returning Officer is satisfied about the reasonableness of the challenge; or
(b) he is directed so to do by the Commission.
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[37A. (1) Notwithstanding anything contained in this Order, the office of the Returning Officer shall, for each constituency, be deemed to be a polling station solely for the purpose of counting all postal ballots duly received by the Returning Officer up to the official closing time of the poll.
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[38. Where, after consolidation of the results of the count under Article 37, it is found that there is equality of votes between two or more contesting candidates, the Returning Officer shall forthwith submit a written report on such equality of votes to the Commission and the Commission shall then direct the Returning Officer to arrange for a re-poll among the contesting candidates who have secured an equal number of votes.]
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[(1) The Returning Officer shall, after obtaining the result of the count under Article 37, declare by public notice the contesting candidate who has received the highest number of votes to be elected.
The Returning Officer shall-
(a) immediately after preparing the consolidated statement and the return of election result in the prescribed manner the packets and statement opened by him for the purpose of consolidation permitting such of the candidates and their election agents, as may be present to sign the packets and affix their seals to such packets if they so desire; and
(b) supply duly attested copies of the consolidated statement and the return of election to such of the candidates and their election agents as may desire to have them.
(a) the packets containing the ballot papers each of which shall be sealed with the seal of the Presiding Officer, or, if opened by the Returning Officer, with the seal of the Returning Officer;
(b) the packets containing the counterfoils of issued ballot papers;
(c) the packets containing the marked copies of the electoral rolls;
(d) the packets containing the ballot paper account;
(e) the packet containing the tendered ballot papers, the challenged ballot papers, the tendered votes list and the challenged votes list; and
(f) such other papers as the Commission may direct.
The documents retained under Article 42, except the ballot papers, shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Returning Officer shall, upon an application made in this behalf and on payment of such fee and subject to such conditions as may be prescribed, furnish copies of, or extracts from, those documents.