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State of Goa - Section

Section 44 in The Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010

44. A fresh poll incase of destruction, etc., of boxes.

(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 to such an extent that the result of the poll at the polling station cannot be ascertained; or
(b)any such error or irregularity in the procedure as is likely to vitiate poll is committed at a polling station, the Returning Officer shall forthwith report the matter to the Registrar.
(2)The Registrar shall, upon the receipt of report, or suo motu, after taking into consideration all material circumstances stated in sub-rule (1) either,-
(a)declare the poll at the polling station to be void and appoint a day and fix for taking a fresh poll at the polling station and notify such day and the time in such a manner as he may deem fit; or
(b)if satisfied that the result of fresh poll at polling station will not in anyway affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer or take such action as he may deem proper for the election.
(3)The provisions laid under the Act, the rules or Bye-laws made thereunder, shall apply to every such fresh poll as they apply to the original poll.Part - II 45. Admission to place fixed for counting.
(1)The Returning Officer shall exclude from the place so fixed for counting of votes all persons except,-
(a)such person as he may appoint to assist him in the counting;
(b)persons authorized by the Registrar;
(c)public servants on duty in connection with the election; and
(d)candidates, their election agents and counting agents, if any.
(2)No person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election shall be appointed under clause (a) of sub-rule (1).
(3)The Returning Officer shall decide which counting agent or agents shall be present while counting at a particular counting table or group of counting table.
(4)Any duly authorized person who during the counting of votes, creates misconduct or fails to obey the lawful directions of the Returning Officer, may be removed from the place where the votes are being counted by a Police Officer on duty, acting under the direction of the Returning Officer or the Officer-in-charge in the election process.