Section 54 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994
54. Procedure where voting is obstructed and subsequent voting.
(1)Where the proceeding at any polling station are seriously [* * *] [Deleted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.] interrupted or obstructed by any riot or even violence or otherwise or where a large number of electors are unable to attend the poll at a polling station by reason of any act of God such as flood or fire the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall stop the poll pending the receipt of the orders of the Election Commission. The fact that the poll has been so stopped shall be immediately announced by the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] to the persons present at the polling station.(2)Where a [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] stops a poll under Sub-rule (1) he shall observe the procedure laid down in Rules 56 and 57 and forthwith make a full report of the circumstances to the Election Officer who shall forward the same expeditiously With his remarks thereon, if any, to the Election Commission.(3)The Election Commission shall there upon order-(a)That the poll be continued at the polling station for the number of hours for which it was not held on the previous occasion; or(b)That the proceedings at the poll held at the polling station on the previous occasion be ignored and that a fresh poll be held at such polling station for the full number of hours for which it should have been held on the previous occasion.(4)Any order passed by the Election Commission under this sub-rule shall be final.(5)Any order passed [under] [Inserted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.] Sub-rule (3) shall-(a)State-(i)The date on which and hours between which the continuation poll or the fresh poll as the case may be, shall be held, and(ii)The date on which and the place and hours at which the Election Officer will commence the counting of the votes under Rule 58; and(b)be published in the manner laid down in Sub-rule (2) of Rule 24 [* * *] [Deleted vide Notification No.7141, Legislative-I-26/95 H.U.D. Dated 7.3.96. O.G.E. No. 248 Dated 7.3.1996.](6)(a)Where an order is passed under Clause (a) of Sub-rule (3) for the continuation of the poll the Election Officer shall proceed a fresh poll under Sub-rule (1) of Rule 35 and return to the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] appointed under that Sub-rule all the packets received by him under Sub-rule (2) of this Rule.(b)The [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall open the packets just before the commencement of the continuation poll in the presence of such persons as may be present at the polling station and commence such poll precisely at the hour fixed therefore is the order passed by the Election Commission under Clause (b) of Sub-rule (3).(c)At the continuation poll the [Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall allow only such elector to cast his vote who did not cast his vote on the previous occasion.(7)Where an order is passed under Clause (b) of Sub-rule (8) for holding a fresh poll the Election Officer shall proceed afresh under Sub-rule (1) of Rule 35 and a fresh poll shall be held at the polling station concerned in accordance with the provision of these rules in all respects as if it were being held at such polling station for the first time.Explanation. - There shall be no fresh nomination in cases falling under this sub-rule.(8)Notwithstanding anything contained in the rule, if a candidate dies at any time before orders are passed by the Election Commission under Sub-rule (3) or at any time after the passing of such order but before the commencement of the continuation poll or of the fresh poll as the case may be, the Election Officer shall upon being satisfied of the death of the candidate intimate such fact to the Election Commission, stop all further proceeding in connection with the election, and start election proceedings afresh in all respects as if for a new election :Provided that no fresh nomination shall be necessary in the case or the remaining candidate who stood nominated at the time when the poll was stopped.
