(5) The Returning Officer immediately after the last day fixed for the receipt of ballot papers shall cause the validity of the votes to be ascertained by an examination of the identification envelopes and by such other evidence, if any, as he may think necessary, and shall cause such of the identification envelopes as are found to be valid to be opened, and the ballot papers withdrawn, and placed in a ballot box. When all the ballot papers have been transferred to the ballot box they shall be examined and counted, and the number of valid votes given for each candidate shall be ascertained. Any candidate, or agent appointed by her in writing to represent her, may be present during the examination of the identification envelopes and the counting of the ballot papers, and accordingly the Returning Officer shall notify such candidate of the time and place of the examination and counting.
(6) The 2 candidates having the greatest number of votes shall be declared elected by the Returning Officer. If an equality of votes is found to exist between 2 or more candidates and the addition of a vote would entitle any of such candidates to be declared elected, the Returning Officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.
7. Any question arising with regard to the validity of a nomination or ballot paper, or otherwise in connection with any election held under this Scheme, shall be determined by the Returning Officer.
8. The Returning Officer shall forthwith give to every candidate whose name has not been expunged from the list written notice of the result of the election, and shall furnish the Council with a list of the persons certified by him to have been duly elected, showing the number of votes cast for each of such persons.
9. The Returning Officer, and every officer, clerk , or servant employed in connection with the election shall maintain, and aid in maintaining, the secrecy of the ballot, and shall not communicate to any person any information as to the manner in which any elector has recorded her vote.
10.—(1) Any candidate unsuccessful at the poll may either personally or by her agent appointed in writing notify the Returning Officer within 14 days after the declaration of the result of the election that she contests the validity of the election on the ground of non-compliance with the provisions of this Scheme, or of any misdescription or miscount, or of the non-delivery, loss or miscarriage of any document.
(2) If after consideration of the contention disclosed in the notice, the Returning Officer is satisfied that the election was conducted substantially in accordance with the provisions of this Scheme and that any non-compliance, misdescription, miscount, non -delivery, loss or miscarriage did not affect the result of the election, he may, within 14 days of receiving such notice, so certify. In that event he shall forward a copy of his certificate to the unsuccessful candidate, who may within 7 days of receiving such copy, appeal to the Minister of Health.
(3) Where the Returning Officer does not so certify, he shall not later than the 15th day after receiving the notice forward a copy thereof to the Minister of Health together with such comments as he shall think fit.
(4) The Minister shall consider any appeal made under sub-paragraph (2) or any notice received under sub-paragraph (3) hereof and his decision as to whether the result of the election was affected by any non-compliance, misdescription, miscount, non -delivery, loss or miscarriage, shall be final. In the event of the Minister deciding that the result of the election was so affected, a fresh election in respect of both seats on the Committee shall take place.
