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117 334.
The Presiding Officer of the polling station shall prohibit any voter from casting his/her vote if he/she refuses to have his/her thumb or any other finger marked with indelible ink or if he/she has already such a mark on his/her thumb or any other finger or if he/she does not produce on demand his/her identification card.
Provision of Polling Stations 335. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provision of Polling Stations 335.
Every Dzongkhag Electoral Officer shall, with the approval of the Election Commission provide sufficient number of polling stations for his/her constituency not less than 30 days before the date of poll, and publish a list showing the polling stations and the polling areas.
336.
The polling stations must be easily accessible to voters for polling and its perimeters demarcated by signs posted in accordance with local geographical conditions.
337. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
337.
No polling station shall be abolished before the completion of poll after it has been provided and published under section 335, except with the prior approval of the Election Commission.
118 Employers to allow Employees Leave of Absence to Vote 338. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
An employer shall, if an employee in any business, trade, industrial undertaking or any Government establishment notifies his/her employer before the poll that he/she desires leave of absence for voting at any election, grant leave of absence, for reasonable period as is necessary to enable him/her to vote at the election.
339.
The provisions of section 338 shall not apply to any voter whose absence may cause danger in respect of the employment in which he/she is engaged.
340. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
340.
A head of educational or training institute shall, if a student or trainee who is eligible to vote notifies the concerned head before the day of poll that he/she desires leave of absence for voting at any election, grant leave for reasonable period as is necessary to enable him/her to vote at the election.
341.
No employee, student or trainee shall, without the bonafide intention to vote, obtain leave of absence under sections 338 and 340.
342. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
342.
Any employer or head of educational and training institutes contravening the provisions of section 338 or 340 and any person contravening the provisions of section 341 shall be guilty of the offence of violation.
119 Prohibition on Exit Polls 343. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
119 Prohibition on Exit Polls 343.
No person shall broadcast, telecast or publish before the close of poll, any: (a) Statement or news relating to the manner in which voters have voted at an election; (b) Public opinion survey reports on an election shall not be released to the general public prior to closure of the poll; or (c) Forecasts or predictions relating to the probable result of an election based on the information provided by or obtained from, voters or observers at an election.
344. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
344.
Any person contravening the provisions of section 343 shall be guilty of the offence of misdemeanour.
Ballot Papers 345.
The Returning Officer shall, subject to any general or special direction of the Election Commission, be responsible to print postal ballot papers and ballot papers required for use at any election in any constituency falling within his/her jurisdiction.
120 346. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
120 346.
The ballot papers shall be printed on security paper in Dzongkha and English languages, and in the form as the Election Commission may direct.
347.
The names of contesting candidates on the ballot paper shall be printed along with their photographs and in the case of General Elections, with the respective names of political party and symbols.
348. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
348.
The names of contesting candidates on the ballot paper shall be arranged in the same order in which they appear in the list of contesting candidates prepared by the Returning Officer under section 232.
Ballot Boxes and Voting Machines 349.
Every ballot box or an electronic voting machine to be used at any election shall be of the design approved by the Election Commission.
Hours of Poll 350. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Hours of Poll 350.
The poll at any election shall generally be held in a single day and the hours during which the poll is to be taken be determined by the Election Commission in accordance with the local conditions of the constituency in which the poll is to be taken.
351.
The hours of poll determined by the Election Commission shall be notified and given further publicity as the Commission may direct.
121 Commencement of Poll 352. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
121 Commencement of Poll 352.
The poll shall commence at each polling station in the constituency at the hour fixed by the Election Commission in that behalf.
353. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Presiding Officer of the polling station shall, before the commencement of poll, demonstrate to the candidates and their polling representatives that: (a) The ballot box is empty or no vote is cast in the voting machine; (b) All the bundles of ballot papers supplied to him/her for use at the polling station are intact and no ballot paper is missing; and (c) The copy of the Electoral Roll to be used for identifying voters and allowing them to cast their votes at the polling station is duly authenticated by the Returning Officer. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
354.
The Presiding Officer shall permit the candidates and their representatives to note down the serial numbers of ballot papers or the identification number of the voting machine, provided to him/her for use at the polling station.
355.
The Presiding Officer shall seal and secure the ballot box or the electronic voting machine in the manner directed by the Election Commission or as laid down in the Rules. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
122 Provided that he/she shall permit the candidates and their representatives to affix their seals thereon, if they so desire.
Admission to Polling Stations 356. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Presiding Officer shall direct the number of voters to be admitted at any one time inside the polling station, and exclude there-from all persons other than: (a) Candidates, their election representatives and one polling representative; (b) A child in arm accompanying a voter; (c) A person accompanying a blind or infirm voter who cannot move without help; (d) Polling Officers; (e) Public servants on duty in connection with the election; and (f) Persons authorized Commission. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
in writing by the Election Voting Procedure and Maintenance of Secrecy 357.
Every voter shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure prescribed by Rules made under this Act.
123 Assistance to Physically Challenged Voters 358. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Presiding Officer shall permit a physically challenged voter to take with him/her a companion to the voting compartment for recording the vote on the ballot paper or on the voting machine, if he/she is satisfied that owing to his/her physical infirmity, a voter is unable to recognise the symbols on the ballot paper or to make a mark thereon or to record his/her vote in the voting machine, without assistance. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that no person shall be permitted to act as the companion of more than one voter at any polling station for a particular election.
359.
Any person before he/she is permitted to act as the companion shall be required to declare that he/she is not less than eighteen years of age, he/she will keep the vote recorded by him/her on behalf of the voter a secret and he/she has not already acted as the companion of any other voter at any polling station for a particular election.
360. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
360.
The Presiding Officer shall keep the record of the voters and their companion in a form prescribed for this purpose.
124 Challenging of Identity of Voters 361.
Any polling representative may challenge the identity of a person claiming to be a particular voter when he/she comes to vote at the polling station.
362. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
362.
The Presiding Officer shall on such challenge being made: (a) Warn the person challenged of the penalty for impersonation; (b) Read the relevant entry in the Electoral Roll in full and ask him/her whether he/she is the person referred to in that entry; (c) Enter his/her name and address in the list of challenged votes in a prescribed form; and (d) Require him/her and the challenger, to affix their signatures in the said list.
363. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
363.
The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose: (a) Require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his/her identity; 125 (b) Put to the person challenged any question necessary for establishing his/her identity and require him/her to answer them and furnish an affidavit; and (c) Obtain statements from any other person offering to give evidence.
364. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
364.
The Presiding Officer shall, if after an inquiry considers that the challenge has not been established, allow the person challenged to vote, and if he/she considers that the challenge has been established, debar the person so challenged from voting.
365.
The Presiding Officer shall warn the polling representative concerned if in his/her opinion such representative is making baseless challenges with a view to harass the voters or cause obstruction in the conduct of smooth poll.
366. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
366.
The Presiding Officer shall, if the polling representative continues to challenge despite warning, direct such a representative to be removed from the polling station, without prejudice to the penalty under section 547.
Provisional Votes 367.
The Presiding Officer may, if a person claiming to be a particular voter comes to the polling station after another person has already voted as such voter, allow him/her to cast a provisional vote. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
126 Provided he/she produces a valid citizenship identity card and voter photo identity card.
368.
The Presiding Officer shall, before allowing a person to cast a provisional vote, explain to him/her the provisions relating to the offence of impersonation at elections and obtain from him/her a declaration in writing in a prescribed form.
369. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
369.
A person who casts a provisional vote shall fold the ballot paper on which he/she has recorded his/her vote and hand it to the Presiding Officer who shall, in the presence of the said person, place it in an envelope along with his/her declaration, fasten the envelope and place the envelope in the ballot box, or where the votes are recorded by means of voting machine, in a bigger envelope provided for the purpose. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that no such envelope shall be opened by the Returning Officer at the time of counting of votes without the prior approval of the Election Commission.
Close of Poll 370.
Every Presiding Officer shall close the poll at his/her polling station at the hour fixed in that behalf by the Election Commission and shall not thereafter admit any voter into the polling station.
Provided that all voters present at the polling station at the time of close of poll shall be allowed to cast their votes. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
127 Sealing of Ballot Boxes or Electronic Voting Machines and Election Papers after Poll 371.
The Presiding Officer shall, after the close of poll, close the slit of the ballot box or close the electronic voting machine so as to ensure that no further votes can be cast at the polling station, and seal and secure the ballot box or electronic voting machine as prescribed by the Election Commission.
372. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
372.
The Presiding Officer shall seal and secure all other election papers, including unused ballot papers and the copy of Electoral Roll, used for taking the poll at the polling station in separate packets as directed by the Election Commission.
373.
The candidates and their representatives present at the polling station at the close of poll shall be permitted to affix their seals on the election material referred to in section 371 and 372, if they so desire.
374. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
374.
All ballot boxes or electronic voting machine and other election papers sealed and secured under sections 371, and 372 shall be transmitted by the Presiding Officer to the custody of such Election Officers as authorized by the Returning Officer in this behalf for further action relating to counting of votes and safe preservation and custody of the said records.
128 Adjournment or Temporary Suspension of Poll Emergencies in 375. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Presiding Officer for the polling station shall, if at an election, the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, announce an adjournment of the poll to a later date. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that it shall not be necessary to adjourn the poll to a later date where the poll can be recommenced within two hours after temporary suspension in the aforesaid emergencies.
376.
The Presiding Officer shall inform the Returning Officer concerned on adjournment of poll under section 375.
377. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
377.
The Returning Officer shall, whenever a poll is adjourned under section 375: (a) Immediately report the circumstances to the Election Commission; (b) With the prior approval of the Election Commission, appoint the day on which the poll shall recommence; (c) Fix the polling station and the hours during which the poll will be taken; and 129 (d) Not count the votes cast at the constituency until such adjourned poll has been completed.
378. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
378.
The voters who have already voted at the poll so adjourned shall not be allowed to vote again when an adjourned poll is recommenced under section 377.
379.
The Returning Officer shall, in every case as aforesaid, notify in the manner directed by the Election Commission, the date, place and hours fixed for polling.
380. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
380.
The Returning Officer shall provide the Presiding Officer of the polling station at which the adjourned poll is held, with the sealed packet containing the same copy of the Electoral Roll which was earlier used at that polling station, and a new ballot box or a new voting machine.
381.
The provisions of this Act and of any Rules and orders made thereunder shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was adjourned. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
130 Fresh Poll in case of Destruction of Ballot Boxes or Voting Machines 382. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Returning Officer shall report the matter to the Election Commission, if at any election: (a) Any ballot box or electronic voting machine used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to an extent, that the result of the poll at that polling station cannot be ascertained; (b) Any electronic voting machine develops a mechanical failure during the course of the recording of votes and it could not be replaced within two hours of developing the failure; or (c) Any error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Election Commission shall thereupon, after taking all relevant circumstances into account, either: (a) If satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election or that the mechanical failure of the electronic voting machine or the error or irregularity in procedure is not substantial, issue directions to the Returning Officer as it may deem proper for the further conduct and completion of the election; or (b) Declare the poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station and notify the day so appointed and the hours so fixed as it may deem fit. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
384.
The provisions of this Act and of any Rules or orders made thereunder shall apply to every fresh poll as they apply to the original poll.
132 CHAPTER 18 COUNTING OF VOTES Counting of Votes 385.
Votes at every election shall be counted under the overall supervision and direction of the Returning Officer.
386. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
386.
Each contesting candidate, his/her election representative and his/her counting representatives, and the observers appointed by the Election Commission, shall have a right to be present at the time of counting.
387.
The Returning Officer shall authorize an Election Officer to act as Counting Supervisor assisted by a counting staff as the Returning Officer may appoint in this behalf, where the counting of votes is done at more than one place. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that where the counting of votes is done at the polling station itself, the Presiding Officer of the polling station may be authorized by the Returning Officer to act as the Counting Supervisor for that place of counting.
133 Date, Time and Place of Counting 388.
The counting of votes shall, subject to any general or special direction of the Election Commission, commence at the polling station or any other publicly designated place at any time after the close of poll.
389. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
389.
The Returning Officer shall, at least one week before the day fixed for the poll, designate the place or places where the counting of votes will be done, fix the date and time at which the counting commences and give notice of the same to each political party, contesting candidate or his/her election representative.
in writing 390. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
in writing 390.
The Returning Officer may shift the place of counting to a safer place or alter the date and time of counting, if it becomes necessary on account of imminent danger of violence, terrorism, disorder or similar causes or for any other sufficient reason, and give notice of the same in writing well in advance to each contesting candidate or his/her election representative.
391. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
391.
All the votes cast by means of postal ballots in a constituency shall be counted centrally either at the headquarters of the Returning Officer or at any other place as designated by him/her.
134 392.
Counting of postal ballot shall commence after the last date and hour as fixed for the receipt of the postal ballots and the notice of the place, date and time be given under section 332 their election representatives. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
the candidates or to Damage or Loss of Ballot Papers before Completion of Counting 393. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Returning Officer shall, at any time before the counting of votes is completed if any ballot paper or electronic voting machine used at a polling station are unlawfully taken out of the custody of the Counting Supervisor or Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to an extent that the result of the poll at that polling station cannot be ascertained, forthwith report the matter to the Election Commission.
394. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Election Commission shall thereupon, after taking all relevant circumstances into account either: (a) Direct the counting of votes to be stopped, declare the poll at that polling station to be void, fix the day and hours, for taking a fresh poll at that polling station and notify the date so appointed and hours so fixed as it may deem fit; or 135 (b) If satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election or that the mechanical failure of the electronic voting machine or the error or irregularity in procedure is not substantial, issue directions to the Returning Officer as it may deem proper for the further conduct and completion of the election. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
395.
The provisions of this Act and of the Rules and Orders made thereunder shall apply to every fresh poll as they apply to the original poll.
Admission to Places of Counting 396. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Admission to Places of Counting 396.
The Counting Supervisor shall exclude from the place designated for counting of votes, all persons except: (a) Candidates, their election representatives and one counting representative; (b) Observers appointed by the Election Commission; (c) The counting staff appointed to assist him/her in the counting; (d) Public servants on duty in connection with the election; and (e) Persons authorized Commission.
in writing by the Election 136 397. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
in writing by the Election 136 397.
The Counting Supervisor shall, if the counting is done at more than one counting table, decide which counting representatives or representative shall watch the counting at any particular counting table or group of counting tables.
398. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
398.
Any person who during counting of votes misconducts himself/herself or fails to obey the lawful directions of the Counting Supervisor shall be removed from the place of counting and not be permitted to re-enter the counting place without the approval of the Counting Supervisor.
Commencement of Counting of Votes 399.
The Counting Supervisor shall commence the counting of votes at the place, date and hour fixed by the Returning Officer.
400. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
400.
The Counting Supervisor may, if at any place, counting is done of votes cast at more than one polling station, have the ballot boxes or electronic voting machines used at all these polling stations opened and the votes cast in the ballot boxes or electronic voting machines counted simultaneously.
137 401. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
137 401.
The counting representatives present at that table shall, before any ballot box or electronic voting machine is opened at a counting table, be allowed to inspect the seals as might have been affixed thereon and satisfy themselves that the ballot box or electronic voting machine is intact.
402.
The Counting Supervisor shall satisfy himself/herself that none of the ballot boxes or electronic voting machines has in fact been tampered with.
403. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
403.
The Counting Supervisor shall, on being satisfied that any ballot box or electronic voting machine used at a polling station has in fact been tampered with, decline to take up all the ballot boxes or electronic voting machines used at that polling station for counting.
404.
The Counting Supervisor shall forthwith report the matter under section 403 to the Returning Officer for appropriate directions of the Election Commission.
Scrutiny of Ballot Papers 405. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Scrutiny of Ballot Papers 405.
The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized, where the votes have been cast at a polling station by means of ballot papers and ballot boxes.
138 406.
No envelope containing a provisional vote cast shall be opened and no ballot paper therein taken up for counting, except with the Election the prior approval of Commission.
407. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Counting Supervisor shall reject as invalid a ballot paper, if it: (a) Is blank; (b) Is not duly authenticated by the Presiding Officer; (c) Cannot be definitely determined for which candidate the vote is cast; (d) Is not handed out at the polling station; (e) Is not deposited inside the valid ballot box; (f) Has been cast for more than one candidate in the constituency; (g) Bears a mark of identification different from the one officially provided; (h) Has been marked with an instrument not officially provided at the polling station; or (i) Has been tampered with or is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
139 408.
The Counting Supervisor shall, before rejecting any ballot paper as invalid, allow the counting representatives present a reasonable opportunity to inspect the ballot paper but without allowing them to handle it or any other ballot paper.
409.
The Counting Supervisor shall, if a counting representative objects to a ballot paper being invalid, decide by judicious application of mind whether the ballot paper is invalid or not. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that nothing in this section shall prevent the Counting Supervisor from rejecting any ballot paper as being invalid although it is not objected to by any counting representative.
410.
Every ballot paper which is not rejected as invalid under this section shall be counted as one valid vote for the candidate concerned.
411. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
411.
The Counting Supervisor shall record in a prescribed result sheet, the total number of ballot papers cast at the polling station, the number of ballot papers rejected as invalid, the number of valid votes secured by each of the candidates and the number of provisional votes cast at the polling station after the counting of ballot papers contained in all the ballot boxes used at a polling station has been completed.
140 412. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
140 412.
The Counting Supervisor shall, announce the result of counting so recorded by him/her in the said result sheet, and furnish to every candidate or his/her election representative or his/her counting representative present a true copy of the said result sheet duly authenticated by him/her after recording the result under section 411.
Counting of Votes where Electronic Voting Machines have been used 413. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Counting Supervisor shall, on being satisfied that the electronic voting machine has in fact not been tampered with, have the votes recorded therein counted by using mechanism as provided in that electronic voting machine to display the result of counting of votes in that polling station.
414. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
414.
The Counting Supervisor shall record in a prescribed result sheet, the total number of votes cast at the polling station, the number of votes rejected as invalid, if any, the number of valid votes secured by each of the candidates and the number of provisional votes cast at the polling station after the counting of votes recorded in the electronic voting machine used at a polling station has been completed.
415. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
415.
The Counting Supervisor shall announce the result of counting so recorded by him/her in the said result sheet, to every candidate or his/her election and furnish representative or his/her counting representative present a true copy of the said result sheet duly authenticated by him/her after recording the result under section 414.
141 Sealing of Election Related Materials 416. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
141 Sealing of Election Related Materials 416.
The ballot papers taken out of the ballot boxes and counted or the electronic voting machine used at the polling station shall be sealed and secured in the manner directed by the Election Commission after the counting of votes has been completed in respect of a polling station.
417.
Candidates and their representatives present at the place of counting shall be permitted to affix their seals thereon, if they so desire.
418. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
418.
All the ballot papers and electronic voting machines sealed and secured under section 416 and 417, along with the result sheet prepared in respect of the counting of each polling station, shall then be transmitted by the Counting Supervisor to the Returning Officer for further action.
Counting of Votes Received by Post 419.
No envelope that purports to contain a postal ballot shall be opened at any time before the last date and hour fixed for this purpose.
420. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
420.
The Counting Supervisor shall open each envelope containing a postal ballot and take out the postal ballot contained therein for scrutiny on or after the last date and hour fixed for the receipt of postal ballots.
142 421.
No envelope containing or purporting to contain a postal ballot which has been received after the aforesaid date and time for receipt of postal ballots shall be opened or its contents taken for scrutiny.
422. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
A postal ballot shall be rejected as invalid if it: (a) (b) Is not returned by the voter in the official envelope that may be sent to him/her for this purpose along with the postal ballot; Is not accompanied by the declaration as to the identity of the voter in the prescribed form that may be sent to the voter for the purpose along with the postal ballot; (c) Is blank; (d) Is not duly authenticated by the Returning Officer as provided by Rules made under section 332; (e) Cannot be definitely determined for which candidate the vote is cast; (f) Has been cast for more than one candidate in the constituency; (g) Bears a mark of identification different from the one officially provided by Rules made under section 332; or 143 (h) Has been tampered with or is so damaged or mutilated that its identity as a genuine ballot paper cannot be established. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
423.
The Counting Supervisor shall, before rejecting any postal ballot as invalid, allow the counting representatives present a reasonable opportunity to inspect the postal ballot but without allowing them to handle it or any other postal ballot.
424.
The Counting Supervisor shall, if a counting representative objects to a postal ballot being invalid, decide by judicious application of mind whether the postal ballot is invalid or not. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that nothing in this section shall prevent the Counting Supervisor from rejecting any postal ballot as being invalid although it is not objected to by any counting representative.
425.
Every postal ballot which is not rejected as invalid shall be counted as one valid vote for the candidate concerned.
426. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
426.
The Counting Supervisor shall, after the counting of all postal ballots cast in a constituency has been completed, record in a prescribed result sheet, the total number of postal ballots cast in the constituency, the number of postal ballots rejected as invalid and the number of valid votes secured by each of the candidates.
144 427. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
144 427.
The Counting Supervisor shall, after recording the result under section 426, announce the result recorded by him/her and furnish to every candidate or his/her election or counting representative present, a true copy of the said result sheet duly authenticated by him/her.
428.
The postal ballots shall, after the completion of counting, be sealed and secured in the manner directed by the Election Commission. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that candidates and their representatives present at the place of counting shall be permitted to affix their seals thereon, if they so desire.
429.
All the postal ballots sealed and secured under section 428, along with the result sheet prepared in respect of the counting of the postal ballots, shall then be transmitted by the Counting Supervisor to the Returning Officer for further action as to the consolidation of the result of counting in the constituency and declaration of result. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Consolidation of Result of Counting by Returning Officer 430.
The Returning Officer shall record the result of the counting in a Final Result Sheet in the prescribed form after the result sheet in respect of counting of votes of a polling station or postal ballots is received by him/her.
145 431. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
145 431.
The Returning Officer shall consolidate and record in the Final Result Sheet, the total number of ballot papers including postal ballots cast in the constituency, the total number of ballot papers rejected as invalid, the total number of votes secured by each of the contesting candidates and the total number of provisional votes cast in the constituency.
432. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
432.
The Returning Officer shall, after recording the result under section 431, announce the result of the counting so recorded by him/her in the Final Result Sheet to the candidates and their representatives present.
Recounting of Votes 433. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Recounting of Votes 433.
A political party, a candidate or, in his/her absence, his/her election or counting representatives may, within 24 hours of the announcement of the result by the Returning Officer under the provisions of section 432, apply in writing to the Returning Officer to recount the votes either wholly or in part stating the grounds on which he/she demands the recount.
434. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
434.
A reasonable opportunity to exercise the right to demand recount shall, for the purpose of section 433, be given to a candidate and his/her representative present at the counting.
146 435.
The Returning Officer shall, on any such application being made, decide the matter and may allow the application in whole or in part or may reject it in whole or in part if it appears to him/her to be baseless or unreasonable.
436. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
436.
Every decision of the Returning Officer under section 435 shall be in writing and contain the reasons thereof.
437.
The Returning Officer on deciding to allow a recount of the votes either wholly or in part, shall: (a) Direct the recount in accordance with sections 399 to 432; (b) Amend the Final Result Sheet to the extent necessary after the recount; and (c) Announce the amendments made by him/her after the recount.
438. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
438.
The Returning Officer shall, after the total number of votes cast for each contesting candidate has been announced under section 427, 432 or 437, complete and sign the Final Result Sheet.
147 439. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
147 439.
The Election Commission may at any time before the declaration of result of election direct the recount of votes in whole or in part for the reasons to be recorded, and fix the date, time and place of such recount under the supervision of the Returning Officer or such other officer as designated by the Commission after giving due notice to the contesting candidates or their election representatives.
440. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
440.
All the provisions of this Act and of the Rules and Orders made thereunder shall apply to recount directed under section 435 as they apply in relation to the original counting.
148 CHAPTER 19 DECLARATION OF RESULTS OF ELECTIONS Transmission of Results of Elections 441. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Returning Officer shall, after consolidating and recording the result of election in the constituency in the Final Result Sheet and its announcement under the provisions of section 427, 432 or 437, transmit a duly authenticated copy of the said Final Result Sheet to the Election Commission.
Declaration and Publication of Results of Elections in Parliamentary Constituencies 442. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The Election Commission shall, on receipt of the Final Result Sheets from the Returning Officers of all National Assembly constituencies under section 441, in the case of the Primary Round: (a) Calculate, record and consolidate in the prescribed form, the total number of votes cast in all National Assembly constituencies throughout Bhutan, the total number of ballot papers rejected as invalid, and the total number of valid votes secured by each registered political party; and 149 (b) Declare and announce, in a prescribed form, the names of the two registered political parties which have secured the highest and the next highest number of valid votes cast in the Primary Round of election throughout Bhutan, for the purposes of General Election. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
443.
The Election Commission shall, on receipt of the Final Result Sheets from the Returning Officers of all National Assembly constituencies, in the case of General Election to the National Assembly, declare in a prescribed form, the candidates who have secured the highest number of valid votes in their respective Parliamentary constituencies as having been duly elected from those constituencies to the National Assembly.
444. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
444.
The Election Commission shall, on receipt of the Final Result Sheets from the Returning Officers of all National Council constituencies, declare in a prescribed form, the candidates who have secured the highest number of valid votes in their respective constituencies as having been duly elected from those constituencies to the National Council.
150 445. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
150 445.
The Election Commission shall, after the declaration of results of elections under sections 442, 443 and 444, publish these results by notification and give further publicity, as it may deem appropriate.
446.
The Royal Bhutan Police shall, in consultation with Election Commission, designate specific places where the supporters of each political party will be authorised to assemble at the time of declaration of results.
Constitution of the National Assembly 447. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Constitution of the National Assembly 447.
The Election Commission shall, after the results for the General Elections in all Parliamentary constituencies have been declared and published, notify the names of the candidates declared elected from each Parliamentary constituency together with the names of registered political parties which had respectively nominated them.
448.
The National Assembly shall, on the issue of notification to have been duly under section 447, be deemed constituted.
449. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
449.
The Election Commission shall present a duly authenticated copy of the notification under section 447 before the Druk Gyalpo, Who shall then summon the first sitting of Parliament and command the party winning the majority of seats in the National Assembly to form the Government.
151 450. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
151 450.
Nothing contained in section 445 or 447 shall preclude the Election Commission from issuing the notification, if the election in any Parliamentary constituency has not been completed for any reason before the date fixed for the completion of that election and where the date for the completion of that election has been extended.
Constitution of the National Council 451. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Constitution of the National Council 451.
The Election Commission shall, after the declaration of results of elections from all constituencies to the National Council, declare by notification the names of the winning candidates from each of the constituencies concerned.
452.
The National Council concerned shall, on the issue of notification under section 451, be deemed to have been duly constituted. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
Provided that the issue of such notification shall not affect the duration of the National Council concerned functioning, if any, immediately before the issue of the said notification.
453.
The Election Commission shall present a duly authenticated copy of the notification under section 451 before the Druk Gyalpo.
152 454. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
152 454.
Nothing contained in section 451 shall preclude the Election Commission from issuing the notification, if the election in any constituency has not been completed for any reason before the date fixed for the completion of that election and where the date for the completion of that election has been extended.
455. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
455.
The Returning Officer shall, on completion of the counting and preparation of the Final Result Sheet under the provisions of section 427, 432 or 437, and in the absence of any direction of the Election Commission to the contrary, declare in a prescribed form, the candidate who has secured the highest number of valid votes in the constituency as having been duly elected from the constituency to the National Council concerned.
456. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
456.
The Returning Officer shall, on declaring the result of election in the constituency in the prescribed form, transmit a duly authenticated copy of the said declaration form to the Election Commission.
Constitution of Local Governments 457.
The Election Commission shall, after the declaration of results of elections from all constituencies of a Local Government, declare by notification the names of the winning candidates from each of the constituencies concerned.
153 458. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
153 458.
The Local Government concerned shall, on the issue of notification under section 457, be deemed to have been duly constituted.
Provided that the issue of such notification shall not affect the Local Government concerned the duration of functioning, if any, immediately before the issue of the said notification.
459.
The Election Commission shall present a duly authenticated copy of the notification under section 457 before the Druk Gyalpo.
460. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
460.
Nothing contained in section 457 shall preclude the Election Commission from issuing the notification, if the election in any constituency has not been completed for any reason before the date fixed for the completion of that election and where the date for the completion of that election has been extended.
461. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
461.
The Returning Officer shall, on completion of the counting and preparation of the Final Result Sheet under the provisions of section 427, 432 or 437, and in the absence of any direction of the Election Commission to the contrary, declare in a prescribed form, the candidate who has secured the highest number of valid votes in the constituency as having been duly elected from the constituency to the Local Government concerned.
154 462. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
154 462.
The Returning Officer shall, on declaring the result of election in the constituency in the prescribed form, transmit a duly authenticated copy of the said declaration form to the Election Commission.
Equality of Votes 463.
The Election Commission shall, if the highest or second highest numbers of votes are secured by two or more candidates or parties in equal numbers on the completion of counting of votes, order for re-election between candidates or parties securing equal number of votes.
464. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
464.
The Returning Officer shall, if at the re-election conducted under section 463 the highest numbers of votes are secured by two or more candidates or parties in equal numbers on the completion of counting of votes, forthwith decide between those parties or candidates by draw of lots in the presence of parties, candidates or their representatives.
Grant of Certificate of Election to Elected Candidate 465. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
The candidate shall, after he/she has been declared elected by the Election Commission under section 443, 444 or 445 or the Returning Officer under section 455, be granted a certificate of election in a prescribed form by the authority which has declared him/her elected.
155 CHAPTER 20 ELECTION DISPUTES AND ELECTION PETITIONS Election Petitions 466. | Democratic Participation | Electoral facilitation for women candidates and women voters | Bhutan | https://docs-lawep.s3.us-east-2.amazonaws.com/1709210582666.pdf | https://oag.gov.bt/wp-content/uploads/2010/05/Election-Act-of-Bhutan-2008both-Dzongkha-English.pdf | election law | true |
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