Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA BOARD OF HOMEOPATHIC SYSTEM OF MEDICINE AND COURT OF EXAMINERS (ELECTION) RULES, 1964 CONTENTS PART 1 :- Preliminary 1. Title 2. Definitions PART 2 :- Election of Members of the Board 3. Electoral Roll for election of Members 4. Appointment of dates for nominations, etc. 5. Qualifications for election as members 6. Nomination of candidates 6A. Amount of deposit to be made 7. Procedure on receipt of nomination paper 8. Scrutiny of nominations 9. Withdrawal of candidature 10. Procedure in contested and un-contested elections 11. Despatch of Voting papers to the voters 12. Despatch of ballot papers to the Returning Officers 13. Counting of Votes 14. Record of proceedings and publication of the result of election 15. Sealing and custody of election papers 16. Dispute regarding election 17. Procedure on receipt of the election petition 18. Grounds for declaring the election of the returning candidate to be void 1 9 . Grounds for which the candidate other than the returned candidate may be declared to have been elected 20. Casual vacancies PART 3 :- Election of President 21. Returning Officer for election of President 2 2 . Appointment of dates for nomination, etc., for election of President 23. Rules applicable for the conduct of election of the President subsequent to the date of nomination 24. Votes to be taken at the Office of the Board 25. Procedure for the conduct of elections 26. Counting of votes 27. President to enter upon his duties 28. Election petitions 29. Casual vacancies PART 4 :- Election of Members of the Court of Examiners by the Board 30. Registrar to be Returning Officer 31. Application of rules for the election of members to the Court of Examiners KARNATAKA BOARD OF HOMEOPATHIC SYSTEM OF MEDICINE AND COURT OF EXAMINERS (ELECTION) RULES, 1964 In exercise of the powers conferred by Section 35 of the Kamataka Homeopathic Practitioners Act, 1961 (Karnataka Act 35 of 1961), the Government of Karnataka hereby makes the Karnataka Board of Homeopathic System of Medicine and Court of Examiners (Election) Rules, 1964, the draft of the same having been previously published as required by sub-section (1) of the said section in Notification No. PLM 228 PIM 64/Part I, dated the 10th March, 1964, published as GSR 82 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 9th April, 1964. PART 1 Preliminary 1. Title :- These rules may be called the Karnataka Board of Homeopathic System of Medicine and Court of Examiners (Election) Rules, 1964. 2. Definitions :- In these rules, unless the context otherwise requires. (a) "Act" means the Karnataka Homeopathic Practitioners Act, 1961; (b) "Form" means a form appended to these rules; (c) "Section" means a section of the Act. PART 2 Election of Members of the Board 3. Electoral Roll for election of Members :- 1 [(1) The Registrar who shall be the returning Officer for the purposes of election of members to the Board under sub-section (2) of Section 3 shall prepare the preliminary electoral roll. The names of Registered Practitioners entered in Part A and Part B contained in the list of practitioners published under Section 34 shall be arranged in alphabetical order in respect of each part. The names of such registered practitioners in respect of Part A and Part B shall constitute the preliminary electoral roll for purposes of election of members from among the practitioners whose names are entered in Part A or Part B as the case may be and shall be published in the Official Gazette: Provided that in the case of elections to be held for the first time under the Act, the names of registered practitioners found in Part A and Part B of the register of practitioners maintained under Section 22 shall be arranged in alphabetical order in respect of each part. The names of such registered practitioners in respect of Part A and Part B shall constitute the preliminary electoral roll for purposes of election of members from among the practitioners whose names are entered in Part A or Part B of the register, as the case may be, and shall be published on the notice board of the office of the Board and at such other place or places, as may be specific by the Returning Officer for the purpose; and the fact of such publication of the preliminary electoral roll on the notice board shall be simultaneously announced by notice published in Kannada and English in the newspapers having the largest circulation in the State, also specifying in such notice the last date within which claims and objections relating to the entries or omissions in the preliminary electoral roll should be preferred. (2) The Returning Officer shall prepare and publish in the official Gazette on a date to be fixed by the State Government the preliminary electoral roll in Form I containing the names of all the electors for the electorates as indicated under sub-rule (1). (3) The Returning Officer shall simultaneously publish a notice in the Official Gazette specifying the mode in which and the time within which claims and objections relating to the entries or omissions in the preliminary electoral roll shall be preferred. (4) On or after the date fixed for the receipt of claims and objections, the Returning Officer shall pass orders in writing on each claim or objection and revised the preliminary electoral roll in respect of Part A and Part B of the Register in accordance with such orders and the rules as so revised shall be published in the Official Gazette as the final electoral rolls for the election of members to the seats allotted to practitioners whose names are entered in Part A or Part B of the register, as the case may be.] 2 [Provided that in the case of elections to be held for the first time under the Act, the final electoral rolls shall be published on the notice board of the office of the Board and at such other place or places, as may be specified by the Returning Officer for the purpose and the fact of such publication shall be simultaneously announced by notice published in Kannada and English in the newspapers having wide circulation in the State. 1. Rule 3 substituted by GSR 7, dated 4-12-1973, w.e.f. 10-1-1974 2. Proviso inserted by GSR 27, dated 4-2-1975, w.e.f. 5-2-1975 4. Appointment of dates for nominations, etc. :- (1) The Returning Officer shall by notice in 1[Form I-A] published in the Official Gazette and on the notice board at the office of the Board, appoint for every election in respect of each of the constituencies referred to in sub-clauses (a) and (b) respectively of clause (iii) of sub-section (2) of Section 3. (a) the last date for making nominations which shall be a date not later than the eighth day after the date of publication of the notice in the Official Gazette; (b) a date for the scrutiny of nominations which shall be a date not later than the third day after the last date for making the nominations; (c) the last date for the withdrawal of the nominations which shall be the third day after the date of the scrutiny of nominations; and 2 [(d) the last date for the receipt of ballot papers which shall be a date not earlier than the seventh day after the last date for the withdrawal of nominations; and (e) the date for the counting of votes.] 1. Existing Form I relettered as Form I-A by GSR 7, dated 4-12- 1973, w.e.f. 10-1-1974 2. Clauses (d) and (e) substituted by GSR 7, dated 4-12-1973, w.e.f. 10-1-1974 5. Qualifications for election as members :- Every person whose name is entered in 1 [the final electoral roll published under sub-rule (4) of Rule 3] shall, unless disqualified under Section 10 be qualified to stand for election as a member from the constituency of which he is an elector. 1. Substituted for the words and letters "Part A or Part B of the register" by GSR 7, dated 4-12-1973, w.e.f. 10-1-1974 6. Nomination of candidates :- (1) Each candidate for election shall be nominated by means of a nomination paper completed in Form II and subscribed by the candidate himself as assenting to the nomination and by two electors as proposer and seconder. (2) On or before the date appointed under clause (a) of Rule 4, each candidate shall either in person or by his proposer or seconder between the hours of 11 O'Clock in the forenoon and 3 O'Clock in the afternoon deliver to the Returning Officer or any other officer authorised by him in this behalf (hereinafter referred to as the authorised officer) at the place specified in the notice a nomination paper signed by the candidate. (3) Any nomination paper which is not received before 3 O'Clock in the afternoon on the last date appointed under clause (a) of Rule 4 shall be rejected. (4) No elector shall subscribe whether as proposer or seconder more than one nomination paper at any election. (5) Nothing in this rule shall prevent any candidate from being nominated by more than one nomination paper for the same election. 6A. Amount of deposit to be made :- 1 [(1) Every candidate shall along with the proposal for nomination, deposit with the Returning Officer a sum of Rupees Fifty in cash. A nomination papers not accompanies by such deposit shall not be accepted by the Returning Officer. The deposit shall (if it is not forfeited under sub-rule (2) be returned to the candidate as soon as may be after declaration of the result of the election/if: (a) the candidate is declared or is deemed to be duly elected or; (b) the nomination of the candidate is declared in valid or; (c) the candidate dies after the scrutiny of nomination papers and before the election is completed, or; (d) the candidate fails to be elected but secured valid votes as specified in sub-rule (2); (e) if a candidate is not elected and the number of valid votes recorded in his favour is less than 1/8 th of the total number of votes recorded, or where the total number of members to be elected is two or more, the number of valid votes recorded in his favour is less than 1/8 th of the total number of votes recorded divided by the total number of members to be elected, the deposit shall be forfeited to the Board.] 1. Rule 6-A inserted by GSR 7, dated 4-12-1973, w.e.f. 10-1-1974 7. Procedure on receipt of nomination paper :- On presentation of a nomination paper, the Returning Officer or authorised officer shall. (a) sign thereon a certificate stating the date and time of the presentation of the nomination paper and enter thereon its serial number; and (b) inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of the nominations. 8. Scrutiny of nominations :- (1) On the date fixed for scrutiny of nominations under Rule 4, the candidate and one proposer and one seconder of such candidate shall be entitled to be present at the time of scrutiny of the nominations and the Returning Officer shall give them reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in Rule 6. (2) The Returning Officer shall then examine the nomination papers and decide all objections which may be made to any of them. (3) The Returning Officer may, either on such objection or on his own motion, and after such summary enquiry, if any, as he thinks necessary, reject the nomination paper on any of the following grounds, namely. (a) that the proposer or the seconder is not qualified to subscribe a nomination paper; or (b) that the signature is not genuine or has been obtained by fraud; or (c) that the nomination paper has not been duly completed and the defect or irregularity is of a substantial character; or (d) that the proposer or seconder has subscribed, whether as proposer or seconder any other nomination paper received earlier by the Returning Officer at the same election. (4) The Returning Officer shall hold the security on the date appointed in this behalf under Rule 4 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by open violence or causes beyond his control. (5) The Returning Officer shall endorse on each nomination paper his decision either accepting or rejecting it and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for rejecting it. 9. Withdrawal of candidature :- (1) Any candidate may withdraw his candidature by a notice in writing in Form III subscribed by him and delivered before three O'Clock in the afternoon on the day fixed under clause (c) of Rule 4 to the Returning Officer or the authorised officer either by such candidate in person or by his proposer or seconder who has been authorised in this behalf in writing by such candidate. (2) No person who has given a notice of withdrawal of his candidature under sub-rule (1) shall be entitled to cancel the notice. (3) On receipt of a notice of withdrawal under sub-rule (1), the Returning Officer or the authorised officer shall note thereon the date and the hour at which it was delivered. 10. Procedure in contested and un-contested elections :- If after the expiry of the period within which candidature may be withdrawn under subrule (1) of Rule 9, the Returning Officer finds. (a) that the number of candidates who have been duly nominated but who have not withdrawn their candidatures is equal to the number of members to be elected, he shall forthwith declare all such candidates to be duly elected to fill those seats; or (b) that the number of candidates who have been validly nominated and who have not withdrawn their candidatures is less than the number of members to be elected, he shall declare such candidate or candidates to be duly elected and shall report to the State Government that the electors have failed to elect members to the remaining vacancies for taking action under Section 4; or (c) that the number of candidates duly nominated but who have not withdrawn their candidature is more than the number of members to be elected, he shall, after the expiry of the time for withdrawal of the candidature prepare and publish a list of contesting candidates in Form IV entering the names of candidates in alphabetical order with their addresses and cause a copy of the list to be affixed on the notice board of the Office of the Board. 11. Despatch of Voting papers to the voters :- 1 [(1) If a poll is found necessary, the Returning Officer shall, two weeks before the date appointed therefor send by post to each elector a letter of intimation in Form II-A together with. (i) a numbered declaration paper; (ii) ballot paper in Form VI containing the names of the candidates entered in alphabetical order and bearing the Returning Officer'sinitials or facsimile signature; (iii) a small blank cover with the words 'Ballot Papers' printed thereon and addressed to the Returning Officer; and (iv) a bigger outer cover on which are printed, on the left top corner, the serial alphabetical number and on left lower corner, the name and signature column and in the centre, the address of the Returning Officer printed as under. To The Returning Officer, Karnataka Homeopathic Practitioners' Board, Bangalore A certificate of posting shall be obtained in respect of such letter of intimation sent to an elector. (2) An elector who has not received his ballot paper and other connected papers are provided in sub-rule (1) or whose papers, before they are returned back to the Returning Officer have been inadvertently spoilt in such a manner that they cannot be conveniently used, or who has lost his papers, may on his transmitting to the Returning Officer a declaration to that effect signed by himself required the Returning Officer to send him duplicate papers in place of those not received, spoilt, or lost and if the papers have been spoilt, the same shall be returned to Returning Officer who shall cancel them. In every case, when duplicate papers are issued, a record thereof shall be kept by the Returning Officer and a mark 'Duplicate' shall be placed on the bigger cover which shall bear the same serial alphabetical number as was originally given on the bigger outer cover sent to the elector. The ballot papers issued in such cases shall also be marked "Duplicate". 1. Rules 11 to 13 substituted by GSR 7, dated 4-12-1973, w.e.f. 10-1-1974 12. Despatch of ballot papers to the Returning Officers :- (1) Every elector desirous of recording his vote shall after filling up the declaration paper and the ballot paper in Form VI according to the direction given in the letter of intimation, enclose a ballot paper in the ballot paper cover, stick the cover, enclose the declaration papers in the bigger outer cover addressed to the Returning Officer and sent it to the Returning Officer either by post or deliver it in person so as to reach the Returning Officer not later than the hour specified on the day fixed for the poll. (2) On receipt of the envelopes by post or in person containing the declaration paper and the closed cover containing the ballot paper, the Returning Officer shall endorse on the-outer envelope the date and hour of the receipt. 13. Counting of Votes :- (1) The Returning Officer shall attend for the purpose of scrutiny and counting of votes on the date and at the time and place appointed by him in this behalf for purposes of counting. (2) Any candidate may be present either in person or by his accredited representative at the counting of the votes. (3) The Returning Officer shall nominate as scrutinisers such number of members of the staff of the office of the Board as he thinks fit to assist him in the counting of votes. (4) The Returning Officer shall open the outer envelopes immediately after the hour fixed for the counting on the day fixed for the poll in the presence of any candidate or any other person representing the candidate and the ballot papers may be shown to t h e candidate or their representatives present at the time of scrutiny if a request is made on their behalf. (5) A ballot paper cover shall be rejected by the Returning Officer, if. (a) the outer envelope contains no declaration paper outside the ballot paper cover; or (b) the declaration paper is not the one sent by the Returning Officer; or (c) a declaration is not signed by the elector; or (d) more than one declaration paper of ballot paper cover have been enclosed in one and the same outer envelope; or (e) number of outer envelopes containing the declaration paper and the ballot paper cover are enclosed in a big cover. (6) In case of rejection, the word "rejected" shall be endorsed on the ballot paper cover and the declaration paper and initialled by the Returning Officer. (7) All the ballot paper covers other than those rejected under sub- rule (5) shall be opened and the ballot papers shall then be scrutinised and valid ones counted. A ballot paper shall be invalid, if. (a) It does not bear the Returning Officer's initials of facsimile signature; or (b) a voter signs his name, or writes a word or makes any mark on it by which it is recognisable at his ballot paper; or (c) no voting is recorded thereon; or (d) the number of voters recorded thereon is not equal to the number of votes which the voter is entitled to give; or (e) the voter has given more than one Vote to any one candidate; or (f) it is void for uncertainty on account of one or more votes being exercised: Provided that where more than one vote can be given on the same ballot paper, if one of the marks is so placed as render it doubtful to which candidate it is intended to apply, the vote concerned but not the whole ballot paper shall be invalid on that account. (8) If any objection is made to any ballot paper on the ground that it does not comply with the specified requirements, or to any objection by the Returning Officer of a ballot paper it shall be decided at once by the Returning Officer whose decision shall be final. (9) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given, to have been elected and shall forthwith inform the successful candidate by letter of his having been elected to the Board. (10) When an equality of votes is found to exist between any two or more candidates and the addition of a vote will entitled any one or more of the candidates to be declared elected, the determination of the candidate or candidates to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn by the Returning Officer in such a manner as he shall determine. (11) The Returning Officer shall then prepare and certify a return of the election in Form VI.] 14. Record of proceedings and publication of the result of election :- Immediately after the counting of votes, the Returning Officers shall. (a) prepare a record of the proceedings and sign it, attesting with his initials every correction made therein; and also permit any candidate present to affix his signature to such record, if he expresses his desire to do so. (b) forward the names of the persons elected as members to the State Government for publication in the Official Gazette. 15. Sealing and custody of election papers :- (1) The Returning Officer shall then make up into separate packets the marked copy of the list of member the ballot papers relating to each candidate whether counted or rejected, seal up each packet and note thereon the description of its contents, the election to which it relates and date thereof. (2) The packets shall not be opened and their contents shall not be inspected or produced before any person or authority except under orders of the State Government or of a competent Court. (3) The packet shall be retained in safe custody by the Returning Officer in his office for a period of one year from the date of declaration of the results of election and shall thereafter be destroyed unless a direction to the contrary is given by a competent Court or by the State Government. 16. Dispute regarding election :- (1) The validity of the election of a member may be called in question by a petition presented to the State Government by any candidate at such election within fifteen days from the date of publication of the declaration of the results by the State Government in the Official Gazette. (2) Every petition under sub-rule (1) shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (3) The petitioner shall join as respondents to his petition where the petitioner in addition to claiming a declaration that, the election of the returned candidate is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, the returned candidate. (4) A petition under sub-rule (1). (a) shall contain a concise statement of material facts on which the petitioner reliefs; (b) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the verification of pleadings; (c) any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. (5) The petitioner may claim any of the following declarations. (a) that the election of the returned candidate is void; (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected. 17. Procedure on receipt of the election petition :- On receipt of the election petition, the State Government may after calling for the records and after such enquiry as it deems fit and after giving an opportunity to the parties to the proceedings of being heard, make an order. (a) dismissing the petition; or (b) declaring the election of the returned candidate to be void; or (c) declaring the election of returned candidate to be void and the petitioner or any other candidate to have been duly elected. 18. Grounds for declaring the election of the returning candidate to be void :- If the State Government is of opinion. (a) that the result of the election has been materially affected. (i) by the improper reception of refusal of a vote- or (ii) by any non-compliance with the provisions of the Act or of any of these rules; or (b) that the nomination of any candidate has been wrongly rejected or that the nomination of the successful candidate or of any other candidate who has not withdrawn his candidature has been wrongly accepted: the State Government shall declare the election of the returned candidate to be void. 19. Grounds for which the candidate other than the returned candidate may be declared to have been elected :- If any person who has presented an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the State Government is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the State Government shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected: Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he has been the returned candidate and a petition has been presented calling in question his election. 20. Casual vacancies :- (1) When any vacancy occurs in the office of the members of the Board elected from any of the constituencies referred to in sub- clause (a) or sub-clause (b) of clause (iii) of sub-section (2) of Section 3, it shall be filled by election of member from among practitioners whose names are entered in Part A or Part B of the register, as the case may be. (2) The provisions of Rules 3 and 19 shall mutatis mutandis apply to an election to fill up a casual vacancy under sub-rule (1). PART 3 Election of President 21. Returning Officer for election of President :- The Registrar shall be the Returning Officer for the election of the President. 22. Appointment of dates for nomination, etc., for election of President :- (1)The Returning Officer shall by notice in 1 [Form I-A] published by affixure on the notice board of the Office of the Board appoint for every election of the President under clause (b) of the proviso to sub-section (2) of Section 3. (a) the last date for making nominations which shall be a date not later than the eighth day after the date of publication of the notice; (b) a date for the scrutiny of nominations which shall be a date not later than the third day after the last date for making the nominations; (c) the date on which the votes of the members shall, if necessary, be taken which shall be a date not earlier than the seventh day after the last date for making the nominations. (2) In the case of the election to fill a vacancy caused by the expiration of the term of Office of the President, a notice under sub-rule (1) shall be published as soon as conveniently may be, after the sixtieth day before the expiration of the term of office of the outgoing President and the dates shall be so appointed under the said sub-rule that the election will be completed at such time as well enable the President thereby elected to enter upon his office o n the date following the expiration of the term of office of the outgoing President. (3) In the case of an election to fill a vacancy in the Office of the President occurring by reason of his death resignation, removal, disability or disqualification or otherwise, a notice under sub-rule (1) shall be issued as soon as may be after the occurrence of such vacancy. (4) A copy of the notice published under sub-rule (1) shall be sent to every member of the Board by registered post. 1. Existing Form I relettered as Form I-A by GSR 7, dated 4-12- 1973, w.e.f. 10-1-1974 23. Rules applicable for the conduct of election of the President subsequent to the date of nomination :- The provisions of Rules 6, 7, 8, 9 and 10 and Forms II, III and IV of these rules relating to election of members of the Board shall mutatis mutandis apply to an election of the President: Provided that. (i) Rule 9 shall apply subject to the modification that for the words, brackets, letter and figure, "fixed under clause (c) of Rule 4" the words and brackets, letter and figures, "immediately preceding the day fixed under clause (c) of Rule 22" had been substituted; and (ii) the reference to any provisions of Rule 4 for the purpose of these rules shall be construed as a reference to the corresponding provision of Rule 22. 24. Votes to be taken at the Office of the Board :- Where votes of the members is to be taken for the purpose of the election, the Returning Officer conduct the poll on the date appointed under clause (c) of sub-rule (1) of Rule 22 at the Office of the Board at such time as he thinks fit and a notice of the date, and hour shall be sent to every member of the Board by registered post not less than five days before the date of the poll. A copy of the notice shall also be affixed on the notice board of the Office of the Board. 25. Procedure for the conduct of elections :- The following procedure shall be adopted in conducting the elections. (1) The Returning Officer shall read out the names of all the candidates who have been duly nominated as entered in Form IV. (2) At the place set apart for voting, the Returning Officer shall provide a ballot box which shall be so constructed that the ballot papers can be introduced therein but cannot be withdrawn therefrom without the box being opened. (3) The Returning Officer shall immediately before the votes are taken, show the ballot box empty to such members as may be present, so that they may see that it is empty, and then shall lock it up, and place his seal upon it in such manner as to prevent its being opened without breaking such seal. (4) Every member wishing to vote shall be supplied with a ballot paper in Form V bearing the seal of the Board and the signature of the Returning Officer and on which the names of all the contesting candidates are printed, typed or written in English or Kannada. At the time of issuing a ballot paper to a member, the Registrar shall record the serial number thereof against the entry relating to the member in the copy of the list of members kept for the purpose. (5) The member to whom a ballot paper is issued under sub-rule (4) shall on receipt of the ballot paper proceed to the place set apart for the purpose and there place a mark (X) against the name of the candidate for whom he wishes to vote. He shall then fold up the ballot paper so as to conceal his vote and insert it into the ballot box. (6) The Returning Officer shall cause such arrangements to be made as to prevent the members who have already voted from having access to the members who are yet to vote. (7) If owing to any physical infirmity a member is unable to make a mark on the ballot paper, the Returning Officer shall record the vote on the ballot paper in accordance with the wishes of the elector, fold it so as to conceal the vote and insert it into the ballot box. While acting under this clause, the Returning Officer shall observe such secrecy as is feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in which any vote has been given. (8) A member who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Returning Officer and on satisfying him' of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked 'spoilt, cancelled' by the Returning Officer. If a member after obtaining a ballot paper decides not to use it, he shall return it to the Returning Officer and t h e ballot paper so returned shall be marked as "returned, cancelled" by the Returning Officer. All ballot papers cancelled under this clause shall be kept in a separate packet. 26. Counting of votes :- (1) After voting by all the members present and wishing to vote, the Returning Officer shall open, in the presence of the members present, the ballot box, count the number of ballot papers taken out therefrom and scrutinise the ballot papers and separate those which in his opinion are valid from those which in his opinion are invalid, endorsing on the latter the word "rejected" and the ground of rejection, and arrange all the valid ballot papers in a bundle. (2) The Registrar shall reject a ballot paper. (a) if it bears any mark or writing by which the elector can be identified; or (b) if no vote is recorded thereon; or (c) if votes are given on it in favour of more than one candidate; or (d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or (e) if it is a spurious ballot paper: Provided that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. (3) Before rejecting any ballot paper under this rule, the Returning Officer shall allow each candidate a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper. (4) Every ballot paper which is not rejected shall be counted as one valid vote. After the completion of the counting, the Returning Officer shall record in a statement the total number of votes polled by each candidate and announce the same. (5) After such announcement has been made, the Returning Officer may either on his own initiative or at the instance of any candidate recount the votes: Provided that nothing herein contained shall make it obligatory on the Returning Officer to recount the same votes more than once. When a recount of votes is made under this sub-rule, the Returning Officer shall amend the statement referred to in sub-rule (4), to the extent necessary after such recount and announce the amendment so made by him. (6) After the total number of votes polled by each candidate has been announced under sub-rule (4) or sub-rule (5), the Returning Officer shall declare the candidate to whom the largest number of valid votes has been given to have been duly elected. (7) If after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote. He shall, thereafter declare the candidate on whom the lot falls to have been duly elected. (8) The Returning Officer shall then prepare and certify a return of the election in Form VI. (9) Rules 14 and 15 shall mutatis mutandis apply to the election of a President. 27. President to enter upon his duties :- The President elected under these rules shall enter upon his duties forthwith, in-case there is no elected President and after the expiry of the term of the elected President in Office, in other cases. 28. Election petitions :- The provisions of Rules 16, 17, 18 and 19 shall mutatis mutandis apply to an election of the President and the reference to any provisions of Rule 13 shall be construed as a reference to the corresponding provision of Rule 26. 29. Casual vacancies :- When any vacancy occurs in the Office of the Elected President, it shall be filled up by election by the members of the Board and the provisions of Rules 21 to 28 and all other rules and forms applicable to the election of the President in this Part shall mutatis mutandis apply to an election to fill up a casual vacancy in the Office of the Elected President. PART 4 Election of Members of the Court of Examiners by the Board 30. Registrar to be Returning Officer :- The Registrar shall be the Returning Officer for the election of three persons from amongst members of the Board to the Court of Examiners under clause (ii) of sub-section (1) of Section 16. 31. Application of rules for the election of members to the Court of Examiners :- The provisions of Part II of these rules and the forms relating to election of members of the Board shall mutatis mutandis apply to the election of Members by the Board to the Court of Examiners under clause (ii) of sub-section (1) of Section 16.