Section 55 in The Rajasthan Municipalities (Election) Rules, 1994
55. [ Fresh poll in case of obstruction or damage of ballot boxes etc. [Substituted by Notification No. page 8(Ga)()Nirva/Swa.Sha./95/7631, dated 25-8-1999 Published in Rajasthan Gazette, Extra-ordinary, Part VI-A, dated 2-9-1999, page 107(1) to 107(24).]
(1)The Returning Officer forthwith report the matter to the State Election Commission, if at any election-(a)any ballot box or voting machine used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidentally or intentionally destroyed or lost or damaged or tempered with to such an extent that the result, of the poll at the polling station cannot be ascertained; or(b)any voting machine develops a mechanical failure during the course of recording or counting of votes; or(c)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station; or(d)booth capturing has taken place at a polling station in such a manner that the result of the counting at that polling station cannot be ascertained.(2)Thereupon, the State Election Commission shall, after taking all material circumstances into account, either,-(a)declare the poll at that polling station to be void, appoint the day and fix the hour for taking a fresh poll at the polling station and notify the day so appointed and the hour so fixed in such a 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 effect the result of the election or that the mechanical failure of the voting machine or that the error or irregularity in procedure is immaterial, issue such directions to the returning officer as it may deem appropriate for the further conduct and completion of the election.(3)Where a report has been sent to the State Election Commission under sub-rule (1), the returning officer shall not commence counting of votes till he gets a clearance to do so from the State Election Commission.(4)Where ballot boxes are used, the provisions of rule 25 to 51 shall apply mutatis mutandis in relation to the conduct of a fresh poll as they apply in relation to the originally scheduled poll.(5)Where voting machine is used, the provisions of rules 25 to 29, 30A, 31 A, 32A, 32B, 33, 33A, 35A, 36, 37A, 37B, 38A, 39, 40A, 41, 42, 43, 44A, 45A, 46A, 47,A, 48A, 49A, 50A and 51 shall apply mutatis mutandis in relation to the conduct of fresh poll as they apply in relation to the originally scheduled poll.(6)Where the presiding officer is of opinion that booth capturing is taken place at a polling station, whereat voting machines is being used, he shall immediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit that from the .control unit.Explanation. - For the purposes of sub-rule (1) of rule 55, "booth capturing" includes, among other things, all or any of the following activities, namely:-(a)seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections.(b)taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote.(c)coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote.(d)doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.]
