Postal ballot received before counting to be counted: EC

New Delhi: Clearing the air over the time limit for receiving polled postal ballot by returning officers, the Election Commission today said all postal ballot papers received before start of the counting process will be counted. Setting at rest all doubts raised by various sections in this regard, the Election Commission issued fresh instructions, saying that postal ballot papers received by returning officers upto the time fixed for commencement of counting shall be taken into account.[caption id=“attachment_229696” align=“alignleft” width=“380” caption=“The Election Commission of India. PTI”]  [/caption] “There is no prohibition in law that the votes on postal ballots cannot be recorded or received after the date and time fixed for taking poll at polling stations. “However, it is further clarified that no application for issue of postal ballot paper can be entertained after the preparation of marked copy of electoral roll for use in polling stations,” the EC note said. It further clarified “that provisions of rules 51 & 54A of Conduct of Elections Rules, 1961 read with sub-rules (1) & (2) of rule 27 of Conduct of Election Rules, 1961, covers containing postal ballot papers received by the Returning Officers upto the time fixed for commencement of counting shall be taken into account for counting.” The Commission while announcing the schedule of general elections to the legislative assemblies of Manipur, Uttarakhand, Punjab, Uttar Pradesh and Goa had fixed the date and time for counting of votes at 8am on 4 March 2012, which was subsequently modified and fixed for 8am on 6 March 2012. “The same date has been prescribed by the Returning Officers under rule 51 of Conduct of Elections Rules, 1961 for commencement of counting of votes and the same date and time have been indicated in Form 13D appended to Conduct of Elections Rules, 1961 containing instructions for guidance of electors sent alongwith the postal ballot papers to all eligible electors,” the EC said. The poll body also reminded of the Supreme Court judgement in Ajit Singh vs Bansi Singh {1995 (4) SCC 758}, “whereby it has held that if the date of counting is postponed, then the postal ballots received during this extended period also should be counted,” the EC note said. Reports in a section of the media had created doubts about the time limit for receiving back polled postal ballots. PTI