35.
| (1) Any ballot paper
| | (a) which does not bear the official mark; or | | |
| | (b) on which votes are given in favour of and against the proposal; or | | |
| | (c) on which anything is written or marked by which the voter can be identified except the printed number on the reverse ; or | | |
| | (d) which is unmarked ; or | | |
| | (e) which is void for uncertainty, | | |
|
|
| (2) Where the counting officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter to give his vote in favour of or against the proposal the counting officer shall not reject the ballot paper under subsection (1) on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under the provisions of this Act |
|
| (3) Where the counting officer is satisfied that a ballot paper is not a forged or counterfeit ballot paper he shall not reject it solely on the ground that it is not stamped or perforated with the official mark. Before deciding not to reject a ballot paper under the preceding provisions of this section the counting officer shall show it to each counting observer if present and hear his views thereon. |
|
| (4) Before rejecting a ballot paper the counting officer shall show it to each counting observer if present and hear his views thereon taking all proper precautions to prevent any person from seeing the number printed on the reverse of the paper, |
|
| (5) The counting officer shall not count any ballot paper which is rejected by him under subsection (1). |
|
| (6) The counting officer shall draw up a statement showing separately the number of ballot papers rejected, under each of the grounds specified in subsection (1), and shall on request allow any counting observer to copy the statement. |
|
| (7) The counting officer shall prepare a written statement in words as well as in figures of the number of votes given in favour of or against the proposal and such statement shall be certified by the counting officer and witnessed by one of his assistants or clerks and any counting observers as are present and desire to sign. The counting officer shall on request allow any counting observer to copy the statement. |
|
| (8) Before the counting officer makes a written statement referred to in subsection (7), such number of recounts may be made as the counting officer deems necessary; and a recount or recounts shall be made upon the application of a counting observer so however that the maximum number of recounts that shall be so made, on the application of any counting observer or all the counting observers, shall not exceed two. |
|
| (9) The decision of the counting officer as to any question arising in respect of any ballot paper shall be final and conclusive. |
|
|
Sri Lanka Consolidated Acts