Section 10 of The Presidential and Vice-Presidential Elections Act, 1952
At every election where a poll is taken, votes shall be counted by, or under the supervision of, the Returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting.
Summary
- This section governs the counting process for all votes cast during a Presidential or Vice-Presidential poll.
- The counting must be performed either directly by the Returning Officer or under their close supervision.
- Each candidate in the election has a legal right to be physically present at the time of counting.
- Each candidate is also entitled to have one representative present during the count, provided they are authorized in writing.
Practical examples
FAQ
1. Who must count the votes or supervise the counting process?
The counting must be done by the Returning Officer, or it must be done under their direct supervision.
2. How many representatives can a candidate send to watch the counting?
A candidate can authorize exactly one representative to be present at the counting of votes.
3. Does a candidate's representative need written permission to attend the counting?
Yes, the representative must be authorized in writing by the candidate to have the right to be present.
4. Can the counting of votes be delayed if a candidate is not present?
No, candidates have a right to be present, but their physical presence is not required for the counting to proceed.
Test yourself
Q1.Under Section 10 of The Presidential and Vice-Presidential Elections Act, 1952, who is responsible for counting the votes or supervising the count?
Q2.Who has a legal right to be present at the time of vote counting under Section 10 of The Presidential and Vice-Presidential Elections Act, 1952?
Q3.What kind of authorization must a candidate's representative present to attend the counting under Section 10 of The Presidential and Vice-Presidential Elections Act, 1952?
Q4.Suppose a candidate wishes to send three different campaign assistants to monitor the counting of votes. Under Section 10 of The Presidential and Vice-Presidential Elections Act, 1952, how many representatives of each candidate have the right to be present?