Section 38 in Tamil Nadu Farmers' Management of Irrigation Systems Election Rules, 2003
38. Fresh poll in the case of destruction, etc., of ballot boxes.
(1)If at any election, any ballot box used at a polling station or at a place appointed for counting of votes is unlawfully taken out of the custody of 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 t that polling station cannot be ascertained, the Returning Officer shall, after taking all material circumstances into account, either -(a)declare the poll at the polling station to be void, appoint a day, fix the hours for taking a fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in the manner laid down in clause (b) of sub-rule (3) of rule 35, besides intimating the contesting candidates; or(b)if satisfied that the result of a fresh poll at the polling station will not in any way affect the result of the election or that the error or irregularity in procedure is not material, the Returning Officer may direct for the further conduct and completion of election.(2)The provisions of these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.
