Cost and Works Accountants Act, 1959

67. Counting of votes

(1) On the date at the time and place appointed under Regulation 66A, the Secretary shall for purposes of counting of votes in respect of a constituency-

(a) open the covers containing the postal ballot papers received by him under Regulation 65A, and shall take out the ballot papers from each such cover, record the number thereof in a statement and make a separate packet of such ballot papers;

(b) allow the candidates or their authorized representatives present at the counting an opportunity to inspect the ballot boxes and packets received from the polling officers and their seals for satisfying themselves that they are in order; and

(c) proceed as follows:

If he is satisfied that the ballot boxes and packets which have been received are in order, he shall take up the counting of the ballot papers contained in the ballot boxes. If he finds that any of the ballot boxes has been tampered with, he shall not count the ballot papers contained in such box for purposes of election. He shall, however, keep a record of such ballot papers for purposes of election petitions, if any.

He shall open the ballot boxes found to be in order, take out the ballot papers there from, count them and keep a record of their number in a statement. To these he shall add the postal ballot papers. He shall then examine the ballot papers and reject those which are invalid. He shall thereafter divide the valid ballot papers into parcels according to the first preference recorded for each candidate and count the number of papers in each parcel.

(2) In carrying out the Regulations hereinafter contained, the Secretary shall-

(a) disregard all fractions, and

(b) ignore all preferences recorded for candidates already elected or excluded from the poll.

(3) For the purpose of facilitating the processes prescribed by the Regulations hereinafter contained, each valid paper shall be deemed to be the value of one hundred.

(4) The Secretary shall add together the values of the papers in all the parcels and divide the total by a number exceeding by one the number of vacancies to be filled and the result increased by one shall be the number sufficient to secure the return of a candidate (hereinafter called the quota).

(5) If at any time a number of candidates equal to the number of persons to be elected has obtained the quota, such candidates shall be declared elected, and no further steps shall be taken.

(6) Any candidate, the value of whose parcel, on the first preference being counted, is equal to or greater than the quota, shall be declared elected. If the value of the papers in any such parcel-

(a) is equal to the quota the papers shall be set aside as finally dealt with;

(b) is greater than the quota the surplus shall be transferred to the continuing candidates indicated on the voting papers as next in the order of the voters' preference in the manner prescribed in the following sub-regulations.

(7) If and whenever as the result of any operation prescribed by these Regulations a candidate has a surplus, that surplus shall be transferred in accordance with the provisions of this sub-regulation:

(a) If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in order of magnitude:

PROVIDED that every surplus arising on the first counting of votes shall be dealt with before those arising on the second counting and so on.

(b) Where two or more surpluses are equal, the Secretary shall decide, as hereinafter provided, which shall first be dealt with.

(c) If the surplus of any candidate to be transferred arises from original votes only, the Secretary shall examine all the papers in the parcel belonging to the candidate whose surplus is to be transferred, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall also make a separate sub-parcel of the exhausted papers. He shall then ascertain the value of the papers in each sub-parcel and of all the unexhausted papers. If the value of the unexhausted papers-

(i) is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred.

(ii) is greater than the surplus, he shall transfer the sub-parcel of unexhausted papers, and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

(d) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the Secretary shall re-examine all the papers in the parcel last transferred to the candidate, and divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon. He shall thereupon deal with the sub-parcels in the same manner as is provided in the case of the sub-parcels referred to in clause (c).

(e) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate.

(f) All papers in the parcel or sub-parcel of an elected candidate not transferred under this sub-regulation shall be set aside as finally dealt with.

(8) If after all surpluses have been transferred, as hereinbefore provided, less than the number of candidates required had been elected, the Secretary shall exclude from the poll the candidate lowest on the poll and shall proceed as follows:

(a) He shall distribute the unexhausted papers of the excluded candidate among the continuing candidates according to the next preferences recorded thereon. Any exhausted papers shall be set aside as finally dealt with.

(b) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each being one hundred.

(c) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value of which he obtained them.

(d) Each of such transfers shall be deemed to be a separate transfer.

(e) The process prescribed by this sub-regulation shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until the last vacancy is filled either by the election of a candidate with the quota or as hereinafter provided.

(9) If as the result of a transfer under these Regulations the value of the votes obtained by a candidate is equal to or greater than the quota, the transfer then proceeding shall be completed, but no further papers shall be transferred to him.

(10) If after the completion of any transfer under these Regulations the value of the votes of any candidate shall be equal to or greater than the quota he shall be declared elected. If the value of the votes of any such candidate-

(a) shall be equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally dealt with;

(b) shall be greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided, before the exclusion of any other candidate.

(11) When the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected. When only one vacancy remains unfilled and-

(a) if the value of votes of some one continuing candidate exceeds the total value of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall be declared elected;

(b) if there are only two continuing candidates, and those two candidates have each the same value of votes and no surplus remains capable of transfer, one candidate shall be declared excluded under the next succeeding sub-regulation and the other declared elected.

(12) If, when there is more than one surplus to distribute, two or more surpluses are equal, or if at any time it becomes necessary to exclude a candidate and two or more candidates have the same values of votes and are lowest on the poll, regard shall be had to the original votes of each candidate and the candidates for whom fewest original votes are recorded shall have his surplus first distributed, or shall be first excluded, as the case may be. If the values of their original votes are equal the Secretary shall decide by lot which candidate shall have his surplus distributed or be excluded.

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