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State of Tamilnadu - Section

Section 84 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006

84. Destruction or loss of ballot papers at the time of counting.

(1)If at any time before the counting of votes is completed, ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll of that polling station cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission, the State Election Officer and the District Election Officer.
(2)Thereupon, the State Election Commission or the State Election Officer shall after taking all material circumstances into account either-
(a)direct that the counting of votes shall be stopped, declare the poll at the polling station to be void, appoint the date and fix the hour for taking a fresh poll at the polling station and notify the date so appointed and hour so fixed in such a manner as he may deem fit; or
(b)if satisfied that the outcome of a fresh poll at that polling station will not in any way affect the result of the election, the State Election Commission or the State Election Officer shall issue such direction to the Returning Officer as he may deem proper for resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.
(3)Provisions of these rules shall apply to every such fresh poll as they apply to the original poll.