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State of Maharashtra - Section

Section 51 in The Maharashtra Specified Co-operative Societies Elections to Committees Rules, 1971

51. Fresh poll in case of destruction etc., of ballot boxes.

(1)If at any election-
(a)any ballot box used at a polling station 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 cannot be ascertained, or
(b)any such error or irregularity in the procedure as is likely to vitiate poll is committed at a polling station, the Returning Officer (where the Collector himself is not the Returning Officer) shall forthwith report the matter to the Collector.
(2)The Collector upon receipt of such report, or of his own motion in the circumstances stated in sub-rule (1), after taking all material circumstances into account either-
(a)declare the poll at that polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify day so appointed and the hours so fixed in such manner as he may deem fit, or
(b)if satisfied that the result of a fresh poll at that polling station will not, in any way, [affect the result] [Inserted by,G.N. of 25.2.1972.] of the election or that the error or irregularity in procedure is not material issue such directions to the Returning Officer or take such action as he may deem proper for the election.
(3)The provisions of the Act and of any rules or bye-laws made thereunder shall apply to every such fresh poll as they apply to the original poll.