Section 67 in The West Bengal Panchayat Elections Act, 2003
67. Fresh poll in the case of destruction, etc., of ballot boxes.
(1)If at any election -(a)any ballot box or any ballot paper used or intended to be used at a polling station at any time before or after the commencement of poll or during counting is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or is lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station cannot be ascertained, or(b)any voting machine develops a mechanical failure during the course of the recording of votes; or(c)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 Panchayat Returning Officer and the Panchayat Returning Officer shall forthwith report to the District Panchayat Election Officer.(2)Thereupon, the District Panchayat Election Officer shall, after taking all material circumstances into account, either -(a)declare the poll at that polling station to be void; 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 Panchayat Returning Officer as he may deem proper for further conduct and completion of the election:Provided that on any such occasion referred to in clause (a) or (b), the District Panchayat Election Officer shall send a complete report to the Commission.(3)The Commission may, -(a)on receipt of any of the reports referred to in sub-section (2) -(i)accept the report and proceed in terms of sub-section (4) or allow completion of the election; or(ii)modify in any manner, as it deems fit, the order or the directions referred to in sub-section (2) by an order specifying its decision and the action thereon;(b)in consideration of the report of the material circumstances obtained from or through the District Panchayat Election Officer, its own machinery or any other agency, may issue any order in terms of sub-section (2) and upon issue of such order, the poll at a polling station may be void and provisions of sub-section (4) shall apply mutatis mutandis.(4)Where a poll at a polling station is declared to be void under clause (a) of sub-section (2), the District Panchayat Election Officer shall immediately report the matter to the Commission and also to the State Government. The Commission shall, by notification, fix a date and time for taking the fresh poll and thereupon the District Panchayat Election Officer shall fix the polling station at which poll shall be taken.
