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[Cites 0, Cited by 0] [Section 63] [Entire Act]

State of West Bengal - Subsection

Section 63(2) in The West Bengal Municipal Elections Act, 1994

(2)The Commission shall, on receipt of the report from the Municipal Returning Officer under sub-section (1) and after taking all material circumstances into account, either-
(a)declare that the poll at the polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b)countermand the election the constituency, provided the Commission is satisfied that in view of the large number of polling stations or places involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such manner as to affect the result of the election.
Explanation.- In this section, "booth capturing" shall have the same meaning as in section 135A of the Representation of the People Act, 1951.