Section 28I in The Mumbai Municipal Corporation Act, 1888
28I. Fresh ballot in the case of destruction, etc., of ballot boxes.
(1)If at any election any ballot box or boxes is or are unlawfully taken out of the custody of [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 26(c).], or any presiding officer or is or are in any way tampered with, or is or are either accidentally or intentionally destroyed or lost, the election to which such ballot box or boxes relate shall be void, but only in respect of the polling at the polling station or stations at which such ballot box or boxes was or were used and no further.(2)Whenever the polling at any polling station or stations shall become void under sub-section (1), [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 26(c).] shall, as soon as practicable after the act or event causing such voidance as come to his knowledge, appoint a day for the taking for a fresh poll in such or every such polling station and fixed the hours during which the poll will be taken and shall not count the votes castes at such election until such fresh poll shall have been completed.(3)The notice of the polling station and the date and hours fixed under sub-section (2) shall be published by [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 27.] in the Official Gazette and in all local newspaper at least three days before the date of the fresh poll.]
