Organisation : Andhra Pradesh State Election Commission
Facility : Counting of Votes
Counting Of Votes : https://www.electionin.in/uploads/924-Hand%20Book%20for%20Contesting%20Candidates%20for%20ZPs.pdf
Home Page : https://sec.ap.gov.in/homepage.do
Related: APSEC MPTC / ZPTC Election Method of Voting : www.electionin.in/924.html
COUNTING OF VOTES :
1. INTRODUCTORY:
Counting of votes is the last major step towards the culmination of the election process.
The date and time of counting is common for all MPTCs and ZPTCs.
It is in the correct and proper counting of votes that the true choice of the electorate finds expression and it is on the basis of such ascertainment of their true choice that their chosen representative is declared elected. Therefore, the importance of the process of counting of votes hardly needs to be emphasized.
Under the law, counting of votes is to be done by, or under the supervision and direction of the Returning Officer in the presence of the candidates and their agents. The law authorizes the Assistant Returning Officer also to undertake the counting of votes.
2. LEGAL PROVISIONS :
The legal provisions of counting of votes are given in Rule 56 of Conduct of Election Rules, 2006. Rule 56(2) stipulates that the postal ballot paper shall be counted first. Rule 56 (7) (c) stipulates that subject to such general or special directions, if any, as may be given by the State Election Commission, the ballot papers shall be counted after mixing them territorial constituency-wise.
3. DATE, PLACE AND TIME OF COUNTING :
(1) The State Election Commission will fix the date and time for counting of votes in the election schedule appended to the election notification.
(2) The Returning Officer will give notice in writing to each candidate or his election agent about the date, place and time of counting atleast one week before the date fixed for poll in the territorial constituency in the form prescribed in Annexure XXVIII. If for any unavoidable reason if he is unable to proceed with the counting on the date or time or at the place fixed and communicate to the candidates, he can postpone the counting and fix another date or time or if necessary another place for counting of votes with the prior approval of the State Election Commission. He should give notice of every change in writing to each candidate or his election agent.
(3) In case of adjournment of poll at any or some polling stations Sections 225 B, 225 C and 231 of the APPR Act, 1994, the counting of votes shall not commence till the adjourned poll is completed.
4. PLACE OF COUNTING :
The counting of votes for all MPTCs in the Mandal Praja Parishad and ZPTC of that mandal should be done at one place. The counting of votes of ZPTCs may be done under the supervision of the Assistant Returning Officers concerned as they are legally competent to take up counting and also because only one Returning Officer is appointed for all ZPTCs in a Zilla Praja Parishad who cannot supervise counting at different places.
5. NUMBER OF COUNTING TABLES :
The size of the counting hall, in most cases, will determine the number of counting tables at which the votes can be counted simultaneously. The number of counting tables for a Mandal may be equivalent to total number of MPTCs in that Mandal plus one table for the Returning Officer..
6. NUMBER OF COUNTING AGENTS :
Each candidate should be allowed to appoint as many counting agents as there are counting tables and one more to watch the counting at the Returning Officer’s table.
7. LETTERS OF APPOINTMENT OF COUNTING AGENTS :
(a) A candidate may appoint all his counting agents by a single letter in Form XIII suitably modified. In that case, all the agents should also have signed the letter in token of their acceptance of the appointment and should sign the declaration later in your presence.
(b) The contesting candidates shall furnish a list of counting agents with their photographs from all the contesting candidates by 17:00 hours on the day two days prior to the date fixed for counting of votes. On furnishing of such list with photographs, the photo identity cards of the counting agents should be issued to the contesting candidates by the Returning Officer. On the date of counting of votes only those counting agents who are holding the identity cards will be allowed inside the counting hall. All the contesting candidates and political parties should be informed well in advance of the aforesaid arrangements.
8. SEATING ARRANGEMENTS FOR THE COUNTING AGENTS :
The seating arrangements of the counting agents of candidates is made at the counting tables by the following categories of priority:-
i. Candidates of recognised National / State parties;
ii. Candidates of registered political parties with a reserved symbol;
iii. Candidates of registered- political parties without a reserved symbol
iv Independent candidates.
9. BADGES FOR COUNTING AGENTS :
Each counting agent may have a badge indicating whose agent he is and the serial number of the table at which he will watch the counting. Each counting agent should affix his signature in full on the badge immediately after it has been issued to him. He should keep seated near the table allotted to him and should not be allowed to move about all over the hall. The extra counting agent may sit and watch the proceedings at your table. However, as far as possible in order to avoid overcrowding at Returning Officers table, only one person whether the candidate himself or his election agent or his counting agent should be present at a time at that table on behalf of a contesting candidate. The candidates and their election agents will be free to go round to any part of the hall. In the absence of both the candidate and his election agent, his extra counting agent at Returning Officers table may be allowed to go round to any part of the hall.
10. PERSONS ALLOWED IN THE COUNTING HALL :
Only the following persons can be allowed inside the counting hall
i. counting supervisors and counting assistants;
ii. persons authorised by the State Election Commission;
iii. public servants on duty in connection with the election; and
iv. candidates, their election agents and counting agents.
Before counting begins see that no one else is present in the room.
You should note that expression of ‘public servant on duty’ in connection with election does not normally include police officers; such officers whether in uniform or in plain clothes should not, as a general rule, be allowed to enter inside the counting hall, unless the Returning Officer decide to call them in for the maintenance of law and order or some similar purpose. Their presence in the counting hall without any compelling reason has on occasions given rise to complaints by some candidates or parties who have alleged that their agents has been overawed by an unnecessary show of force.
You should also note that the above expression public servant on duty in connection with election does not include the Ministers, State Ministers and Deputy Ministers of the Union and the States. They cannot be allowed to be appointed as election agents or counting agents as they have to be escorted by their security guards who can not be allowed entry into the counting hall. You should note that no counting agents is to be admitted into the place fixed for counting, unless he has delivered to the Returning Officer the second copy of his appointment letter in Form XIII after duly completing and signing the declaration contained therein, and has been issued by the Returning Officer an authority for such entry. Similarly the election agents of the candidates may also be asked to produce the attested duplicate copy of their appointment letters.
Entry of persons will be strictly regulated as detailed above. No unauthorised person will be allowed to enter the place of counting in any circumstance.
[N.B. No security personnel accompanying the candidates or their agents should be permitted to enter the counting hall.]