Section 68 in The Jammu and Kashmir Representation of the People Act, 1957
68. [ Fresh poll in certain cases. [Section 68 substituted by Act XXIV of 1975 dated 15-8-1975.]
(1)If at any election-(a)any ballot box or ballot papers used or intended to be used at a polling station or at a place fixed for the polls or are-(i)unlawfully taken out of the custody of the Presiding Officer or the Returning officer, or(ii)accidentally or intentionally destroyed or lost, or(iii)damaged or tempered with to such an extent that the poll at that polling station or place is likely to be vitiated or that the result of the poll at that polling station or place cannot be ascertained; or(aa)[ any voting machine develops a mechanical failure during the course of the recording of votes; or].(b)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll; or(c)there is not or has not been a free exercise of the right of voting at a polling station or at a place fixed for the poll by reason of the prevalence on a large scale of coercion and intimidation at that polling station or place, and information about the matter is received by the Election Commission from the Returning Officer or from any other source ;the Election Commission shall after taking all material facts and circumstances into account, either-(i)if satisfied that there is good reason for directing a fresh poll, declare the poll at that polling station or place to be void, appoint a day and fix the hours for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed, in such manner as it may deem fit;(ii)if satisfied that the result of a fresh poll at that polling station or place will not in any way affect the [result of the election or that the mechanical failure of the voting machine or] [Substituted by Act I of 2002 (Section 2).] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election.(2)The provisions of this section and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.]["68A. Adjournment of poll of countermanding of election on grounds of booth capturing. [Inserted by Act IX of 1997, (Sections 12 & 13).](1)If at any election,-(a)booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or(b)booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained,the Returning Officer shall forthwith report the matter to the Election Commission.(2)In every case referred to in clause (a) or clause (b) of sub-section (1), the Election Commission shall, on the receipt of a report from the Returning Officer under sub-section (1) or otherwise, after taking all material circumstances into account, either-(a)declare that the poll at the polling station be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or 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 affect the result of the election declare that the poll in that constituency be void, appoint a day and fix the hours for taking fresh poll in that constituency and notify the date so appointed and the hours so fixed in such manner as it may deem fit or countermand the election in that constituency.Explanation. - In this section, "booth capturing" shall have the same meaning as in section 142-A."]
