Representation of the People Act,1951
Act No : 43
Section :
Fresh poll in the case of destruction, etc., of ballot boxes.
1[58. Fresh poll in the case of destruction, etc., of ballot boxes. (1) If at any election,- (a) any ballot box used at a polling station or at a place fixed for the poll 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 such an extent, that the result of the poll at that polling station or place cannot be ascertained, or 2[(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or"] (b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the Election Commission. (2) Thereupon the Election Commission shall, after taking all material circumstances into account, either- (a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 2[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. (3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.] 3[58A. Adjournment of poll or counter manding of election on the ground of booth capturing. (1) If at any election,- (a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or (b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Elec- tion Commission. (2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1) and after taking all material circumstances into account, either- (a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or (b) if satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency. Explanation.-In this section, "booth capturing" shall have the same meaning as in section 135A.] --------------------------------------------------------------------- 1 Subs. by Act 40 of 1961, s. 13, for s. 58 (w.e.f. 20-9-1961). 2 Ins. by Act 1 of 1989 s. 9(w.e.f. 15-3-1989). 3 Ins. by s. 10, ibid. (w.e.f. 15-3-1989). --------------------------------------------------------------------- 66
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