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State of Jharkhand - Section

Section 37 in The Jharkhand Agricultural Produce Markets Rules, 2000

37. Fresh poll in case of destruction of ballot boxes.

- (i) If at any election-
(a)any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Election 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 that polling station or place cannot be ascertained; or
(b)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the Presiding Officer shall forthwith report the matter to the Election Officer.
(ii)Thereupon, the Election Officer shall, after taking material circumstances into account, either-
(a)declare the poll at the polling station to be void, appoint a date, fix the hours for taking a fresh poll at that polling station and notify a date so fixed in such manner as he may deem fit; or
(b)if satisfied that the result of a fresh poll at that polling station will not in any way affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Presiding Officer under intimation to the candidates or his agent as he may deem proper for the further conduct and completion of the election.
(iii)The provisions of the Act and these rules shall apply to every such fresh poll, as they apply to an original poll.