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NCT Delhi - Section

Section 49 in The Delhi Agricultural Produce Marketing (Election) Rules, 2000

49. Fresh poll in case of destruction, etc. of ballot boxes.

(1)If at any election:-
(a)any ballot box used at a polling station unless fully taken out of the custody of the presiding officer is accidentally destroyed or lost, or is damaged or tampered with to such an extent, that the result of the poll at that polling station cannot be ascertained;
(b)any such error or irregularity as is likely to vitiate the poll is committed at the polling station, the presiding officer shall forthwith report the matter to the returning officer.
(2)The returning officer thereupon shall after taking all material circumstances into account, either:-
(a)declare the poll at that polling station to be void, appoint a day, fix the hours for taking a fresh poll at that polling station and notify the day so appointed and the hours so fixed in such manner as 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 the error or irregularity in procedure is not material, issue such directions to the presiding officer under intimation to the candidates or their agents as he may deem proper for the further conducting and completion of the election.
(3)The provisions of the Act and these rules shall apply to every such fresh poll as they to the original poll.