Section 62 in The M.P. Nagarpalika Nirvachan Niyam, 1994
62. Fresh poll in case of damage, destruction or tampering of a ballot box etc. or due to procedural irregularity.
(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 extent that the result of the poll at that polling station cannot be ascertained; or(b)any such error or irregularity in procedure as is likely to vitiate the poll, is committed at a polling station, the Returning Officer shall forthwith report the matter to the Election Commission through the District Election Officer.(2)The Election Commission shall on receipt of a report under Rule (1) and 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 direct the District Election Officer to 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 will not, in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the District Election Officer as it may deem proper for further conduct and completion of the election.(3)In every case covered by clause (a) of sub-rule (2), the District Election Officer shall proceed to conduct the poll afresh, in accordance with the directions of the Election Commission and the provisions of Rules 41 to 59 shall apply to such fresh poll.
