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BAR COUNCIL OF INDIA RULES, 1975
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A voting paper shall be invalid on which:
(a) the mark 'X' is not made, or
(b) the mark 'X' is set opposite the name of more than one candidate or is so
placed as to render it doubtful to which candidate it is intended to apply, or
(c) the mark 'X' and any other mark or figures are set opposite the name of the
candidate, or
(d) there is any mark in writing by which the voter can be identified.
(6) The Returning Officer shall count the valid votes immediately after the close of
voting in the presence of the candidates or their nominees who may choose to be present.
(7) The candidate securing the largest number of votes shall be declared elected
by the Returning Officer.
In the case of two or more candidates securing an equal number of votes, the
Returning Officer shall decide the election by drawing lots.
(8) Immediately after the declaration of the result, the Returning Officer shall put the ballot
papers used for voting in the election in a separate cover, have the cover closed and sealed with
his signature and that of all the contesting candidates if they desire to do so.
(9) The result of the election shall be communicated forthwith to the Secretary of the Council and
sent to the State Gazette or Gazettes concerned for publication.
9. (1) In case of a dispute arising out of the election, any of the contesting candidates, or any
other member of the State Council, may challenge the election by a petition which shall be filed with,
or despatched by registered post to the Secretary of the Council within 10 clear days of declaration
by the Returning Officer of the result of the election as mentioned in rule 8(7). The petitioner shall
also send copies of the petition to all contesting candidates and to the secretary of the State Council.
(2) As soon as possible after the receipt of the copy of the petition under sub-rule (1), the Secretary of the
State Council shall send the sealed cover containing the ballot papers referred to in Rule 8(8) above, and all
other papers and records relating to the election to the Secretary of the Council.
to. (1) The council may reject any petition received under Rule 9 if, in its opinion, there is no prima facie case.
(2) If the council is of the opinion that there is a prima facie case, either the council or a Committee of the councils
comprising not more than 3 members of the councils constituted therefor shall, after hearing all the parties concerned,
determine the said dispute.
(3) The Council, or the Committee, as the case may be, shall hav~ all or any of the
following powers:
(a) to dismiss the petition,
(b)
(c) to declare any candidate as having been duly elected;
(d) to order a fresh election; and .
(e) to make an order as to costs.
(4) A copy of the Order of the councilor the Committee may be sent to the State Councils.
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