Section 43 in Andhra Pradesh Farmers Management of Irrigation Systems Rules
43. Adjournment of poll in emergencies.
(1)Where the proceedings at any polling station are seriously interrupted or obstructed by any riot or open violence or otherwise or where a large number of electors are unable to attend the poll at a polling station by reason of an act of God, such as flood or fire, the Polling Officer shall stop the poll, pending receipt of the orders of the District Election Authority. The fact that the poll has been so stopped shall be immediately announced by the polling officer to the persons present at the polling stations.(2)Where a Polling Officer stops a poll under sub-rule (1) he shall observe the procedure laid down in Rules 28 and 29 and forthwith make a full report of the circumstances to the Election Officer, who shall forward the same expeditiously with his remarks thereon, if any, to the Election Authority.(3)The Election Authority shall thereupon order-(a)that the poll be continued at the polling station for the number of hours for which it was not held on the previous occasion provided that not less than 50% of the voters have cast their votes; or(b)that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a fresh poll be held at such polling station for the full number of hours for which it should have been held on the previous occasion; and(c)Any order passed by the Election Authority under this sub-rule shall be final.(4)Any order passed under sub-rule (3) shall-(a)State-(i)the date on which, and the hours between which the continuation poll or the fresh poll, as the case may be shall be held; and(ii)the date on which and the place and hour at which, the Election Officer, will commence the counting of the votes under Rule 38; and(b)be given wide publicity in the polling area concerned by the Election Officer, in such manner as the District Election Authority may direct, announcing the date, place and hour of polling fixed under Clause (a).(5)(a)where an order is passed under Clause (a) of sub-rule (3) of the continuation of the poll, the Election Officer shall proceed afresh under sub-rule (1) of Rule 14 and return to the Polling Officer appointed under that sub-rule all the packets received by him under sub-rule (2) of this rule.(b)the Polling Officer shall open the packets just before commencement of the continuation poll in the presence of such persons as may be present at the polling station, and commence such poll precisely at the hour fixed therefor in the order passed by, the Election Authority under Clause (a) of sub-rule (3).(c)at the continuation poll, the Polling Officer shall allow only such electors to vote as did not vote in the previous occasion.(d)the Election Officer shall not count votes cast at such election until such continuation poll or fresh poll has been completed.(e)the Election Officer shall provide the Polling Officer of the polling station, at which such continuation poll is held with the sealed packet containing the marked copy of the electoral roll, ballot boxes and such other material required for the poll.(6)Where an order is passed under Clause (b) of sub-rule (3) for holding a fresh poll the Election Officer shall proceed afresh under sub-rule (1) of Rule 14 and a fresh poll shall be held at the polling station concerned in accordance with the provisions of these rules in all respects as if, it is being held at such polling station for the first time.Explanation. - There shall be no fresh nominations in cases falling under this sub-rule.(7)Notwithstanding anything contained in this rule, if a candidate dies at any time before orders are passed by the Election Authority under sub-rule (3) or at any time after the passing of such orders but before commencement of the continuation poll, or of the fresh poll, as the case may be, the Election Officer shall upon being satisfied of the fact of the death of the candidate intimate such fact to the Election Authority, stop all further proceedings in connection with the election and start election proceedings afresh in all respects as if for a new election :Provided that no fresh nomination shall be necessary in the case of the remaining candidates who stood nominated at the time when the poll was stopped.
