Section 46D in The Orissa Panchayat Samiti Election Rules, 1991
46D. Adjournment of poll or countermanding of election on the ground of booth capturing.
(1)If at an election-(a)booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this rule referred to as place) in such manner that the result of the poll at that Polling station or place cannot so ascertained ; or(b)booth capturing takes place in any place fixed for counting of votes in such a manner that the result of the counting at that place cannot be ascertained.The Election Officer shall forthwith report the matter to the Commissioner.(2)The Commissioner shall on the receipt of a report from the Election Officer under Sub-rule (1) or otherwise and after taking all material circumstances into account either-(a)declare that the poll at that polling station or place be void, appoint a day and fix the hours for taking fresh poll at that polling station or any other suitable place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or(b)if satisfied that in view of the large number of polling stations or places involved in booth.capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to effect the result of the election, countermand the election in that Constituency.Explanation - For the purpose of this rule, "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 materials, including ballot boxes and doing of any other act which affects the orderly conduct of election;(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 to prevent others from voting;(c)threatening any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;(d)seizure of a place fixed for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting materials including ballot boxes and the doing of anything which affects the orderly counting of votes;(e)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.
