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State of Madhya Pradesh - Section

Section 12A in The M.P. Nagarpalika Nirvachan Niyam, 1994

12A. [ Observers. [Inserted by Notification No. 82-XVIII-3-97, dated 7-7-1997.]

(1)The Commission may nominate an Observer to watch the conduct of election or elections in a Municipality or a group of Municipalities and to perform such other functions as may be entrusted to him by the Commission.
(2)The Observer nominated under sub-rule (1) shall have the power to direct the Returning Officer for any Municipality for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the Observer 'booth capturing' has taken place at any polling station of that Municipality or at the place fixed for counting of votes or any ballot papers used at a polling station unlawfully taken out of the custody of the Returning Officer or accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at that polling station cannot be ascertained.
(3)Where an Observer has directed the Returning Officer under sub-rule (2) to slop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Commission and thereupon the Commission shall, after taking all material circumstances into consideration issue appropriate directions under Rule 62.Explanation. - The expression 'booth capturing' shall have the meaning assigned to it in Section 14-D of the Madhya Pradesh Local Authorities (Electoral Offences) Act, 1964.]