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State of Madhya Pradesh - Section

Section 69 in The M.P. Krishi Upaj Mandi (Mandi Samiti Ka Nirvachan) Rules, 1997

69. Fresh poll in case of destruction, tampering etc. of ballot boxes or due to procedural irregularity.

(1)If at any election,-
(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 an extent that the result of the poll at that Polling Station cannot 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 District Election Officer.
(2)The District Election Officer shall on receipt of a report under sub-rule (1) and after taking all material circumstances into account, either,
(a)declare that poll at the Polling Station to be void, appoint a day and fix the hours, for taking a fresh poll at that Polling Station and direct the Returning Officer to notify the day so appointed and the hours so fixed in such 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 that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election.
(3)In every case covered by clause (a) of sub-rule (2), the Returning Officer shall proceed to conduct the fresh poll, in accordance with the directions of the District Election Officer and the provisions of this chapter shall apply to such fresh poll.Chapter-IX Counting of Votes