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State of Tamilnadu - Section

Section 54 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

54. Adjournment of poll in emergencies.

(1)If at a poll, the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election, it is not possible to take the poll at any polling station on account of any natural calamity or any other sufficient cause, the Presiding Officer for such polling station shall stop the poll, inform through the Returning Officer to the State Election Commission, State Election Officer and the District Election Officer. The fact, that the poll has been so stopped shall be immediately announced by the Presiding Officer to the persons present at the polling station.
(2)Where a Presiding Officer stops the poll under sub-rule (1), he shall observe the procedure laid down in rule 56 and make a full report of the circumstances to the Returning Officer who shall report the matter to the State Election Commission, State Election Officer and the District Election Officer. The ballot boxes and packets referred to in rule 56 shall also be sent to the Returning Officer, as soon as practicable.'
(3)The District Election Officer shall thereupon order-
(a)that the poll be adjourned and held at such polling station for the number of hours for which it was not held on the previous occasion; or
(b)that the poll be adjourned and held at such polling station for the full number of hours. An order passed by the District Election Officer under this sub-rule shall be final;
(c)when an order under clause (a) or (b) of sub-rule (3) is passed, the Returning Officer shall not count the votes cast at such election until such adjourned poll shall have been completed;
(4)
(a)An order passed under clause (a) or (b) of sub-rule (3) shall state-
(i)the dace on which and the hours between which such adjourned poll, shall be held; and
(ii)the date on which and the place and hour at which the Returning Officer shall commence the counting of the votes.
(b)On receipt of orders passed under sub-rules (3) and (4) (a), the Returning Officer shall inform the contesting candidates or their election agents, of the date, time and place fixed for such adjourned poll and affix a notice on the notice board of the Town Panchayat or Third Grade Municipality or Municipality or Corporation and in one or two conspicuous places in the ward notifying the date and hours so fixed.
(5)
(a)Where an order is passed under these rules for the adjournment of the poll for the number of hours for which it was not held on previous occasion, the Returning Officer shall proceed further as stipulated under sub-rule (1) of rule 35 and return to the Presiding Officer appointed under the said-sub-rule, all the packets received by him under sub-rule (2).
(b)The Presiding Officer shall open the packets just before the commencement the such adjourned poll in the presence of such persons who may be present at the polling station and commence such adjourned poll precisely at the hour fixed therefor.
(c)At such adjourned poll, the Presiding Officer shall allow only such electors to vote who have not cast their vote on the previous occasion.
(6)Where an order is passed under clause (b) of sub-rule (3) for adjournment of poll for the full number of hours, the Returning Officer shall proceed afresh under sub-rule (1-) of rule 35 and such adjourned poll shall be held at the polling station concerned in accordance with the provisions of these rules in all respects, as if it were being held at such polling station for the first time:Provided that there shall be no fresh nomination in the cases falling under this sub-rule.
(7)Notwithstanding anything contained in this rule, if a contesting candidate sponsored by a recognised political party in the election of a [Chairman or Mayor or Councillor] [Substituted for 'Councillor' by G.O.(Ms.) No. 135, Dated 12.9.2011.] dies at any time before orders are passed by the District Election Officer under sub-rule (3) or at any time after the passing of such orders, but before the commencement of such adjourned poll, the Returning Officer shall, upon being satisfied of the fact of the death of the contesting candidate, stop all further proceedings in connection with the election and inform the State Election Commission, State Election Officer and the District Election Officer. The State Election Commission shall, thereupon, start election proceedings afresh in all respects as if it were a new election:Provided that for the election proceedings so started, no fresh nomination shall be necessary in the case of the remaining contesting candidates.