Section 86 in The Orissa Municipal Corporation Act, 2003
86. Fresh poll in case of loss, etc., of ballot boxes.
(1)If at an election in any ward, -(a)any ballot box used at a polling station is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer or is accidentally or intentionally destroyed or lost or is damaged or tampered with to such extent that the result of the poll of such polling station can not 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 Returning Officer shall forthwith report the matter to the Election Commission.(2)On receipt of a report referred to in Sub-section (1), the Election Commission shall, after taking all material circumstances into account either -(a)declare the poll at the polling station to be void and appoint a day, and fix the hours for taking a fresh poll at such polling station and notify the day so appointed and the hours so fixed in such a manner as it may deem fit; or(b)if satisfied that the result of a fresh poll at the polling station will not, in any way, affect the result of the election, or the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for further conduct and completion of election.(3)The provisions of this Act and the rules made thereunder shall apply to every such fresh poll as they apply to the original poll.
