Section 219: Validity – In general – Uncertain or irregular markings by voter—The

219. Validity – In general – Uncertain or irregular markings by voter—The provisions of the Legislative Council Ordinance, 1948 (now the Representation of the People Act), which relate to the marking of ballot papers by electors should be interpreted liberally and effect should be given to an elector’s vote whenever he has indicated sufficiently clearly his intention to vote and the particular candidate for whom he had intended to vote. The relevant provision of the law, in this regard, is directory and not mandatory. At an election a number of electors had indicated their votes by figures, or figures and crosses, (such figures being those allotted to the candidates on the ballot papers). HELD in the absence of any evidence to show that the electors concerned had used figures in pursuance of some preconcerted arrangement, the figures could not lead to identification and the ballot papers should therefore be allowed as valid. The Court rejected a number of ballot papers by reason of the presence thereon of writings, marks, and other irregularities which either caused uncertainty or could lead to the identification of the voters. Rivalland v Chaperon (1953).