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State of Andhra Pradesh - Section

Section 50 in Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Election) Rules, 1965

50.

(1)
(a)Where the proceedings at any polling station are seriously interrupted or obstructed by any riot or open violence or otherwise or where a large number of electors are unable to attend the poll at a polling station by reason of natural calamites such as flood or fire, or any other sufficient cause the Presiding Officer shall stop the poll, pending the receipt of the order of the Election Authority. 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.
(b)If the Presiding Officer considers it necessary to stop polling for a short interval due to heavy rain or dislocation of work in the polling booth for some reason or other etc., or disturbance of peace in the neighbourhood of the polling booth due to high tension among the public, he can do so by informing the public to that effect under intimation to the Election Officer. In such an event, the poll can be resumed and continued beyond the period fixed for the poll to the extent of the time for which the poll was stopped.
(2)Where a Presiding Officer stops a poll under sub-rule (1) (a), he shall observe the procedure laid down in Rule 52 and forth with make a full report of the circumstance to the Election Officer who shall forward the same expeditiously with his remarks thereon, if any, to the Election Authority.
(3)The Election Authority shall thereupon under the direction of the State Election Commissioner order--
(a)that the poll be continued at the polling station for the number of hours for which it was not held on the previous occasion, provided that not less than 50% of the voters have cast their votes; or
(b)that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a fresh poll be held at such polling station for the full number of hours for which it should have been held on the previous occasion. Any order passed by the Election Authority under this sub-rule shall be final.
(4)Any order passed under sub-rule (3) shall--
(a)state--
(i)the date on which and the hours between which the continuation poll or the fresh poll, as the case may be, shall be held; and
(ii)the date on which and the place and hour at which, the Election Officer will commence the counting of the votes under Rule 54; and
(b)be published in the manner laid down in Rule 5 not less than seven days before the date fixed for the continuation poll or for the fresh poll, as the case may be.
(5)
(a)Where an order is passed under clause (a) of sub-rule (3) for the continuation of the poll, the Election Officer shall proceed afresh under sub-rule (1) of Rule 31 and return to the Presiding Officer appointed under that sub-rule, all the packets received by him under sub-rule (2) of this rule.
(b)The Presiding Officer shall open the packets just before the commencement of the continuation poll in the presence of such persons as may be present at the polling station and commence such poll precisely at the hour fixed therefor in the order passed by the Election Authority under clause (a) of sub-rule (3).
(c)At the continuation poll, the Presiding Officer shall allow only such electors to vote who did not vote on the previous occasion.
(6)Where an order is passed under clause (b) of sub-rule (3) for holding a fresh poll, the Election Officer shall proceed afresh under sub-rule (1) of Rule 31 and a fresh 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.Explanation. - There shall be no fresh nominations in cases falling under this sub-rule.
(7)Notwithstanding anything contained in this rule, if a candidate dies at any time before orders are passed by the election authority under sub-rule (3) or at any time after the passing of such orders but before the commencement of continuation poll or of the fresh poll, as the case may be, the Election Officer shall upon being satisfied of the fact of the death of the candidate, intimate such fact to the Election Authority and stop all further proceedings in connection with the election and start election proceedings afresh in all respects as if for a new election to the (seat) concerned:Provided that no fresh nomination shall be necessary in the case of the remaining candidates who stood nominated at the time when poll was stopped.