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The Representation of the People Order, 1972 (President's Order)


Chapter III


44. (1) The High Court Division may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers.
(2) An order under clause (1) may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the High Court Division making the order may think expedient:
Provided that in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the High Court Division to be invalid.
(3) Where an order is made under clause (1), the production by the Returning Officer of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order, and any endorsement or any packet of ballot papers so produced shall be Prima facie evidence that the ballot papers are what the endorsement states them to be.
4) The production from proper custody of a ballot paper purporting to have been used at an election, and of a counterfoil having a number, shall be Prima facie evidence that the elector whose vote was given by that ballot paper was the elector who had on the electoral roll the same number as was written on the counterfoil.
(5) Save as in this section provided, no person shall be allowed to inspect any rejected or counted ballot paper in the possession of the Returning Officer.

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Ministry of Law, Justice and Parliamentary Affairs