Section 80 in The Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Elections) Rules, 2006
80. Fresh poll in the case of destruction, etc., of voting machine.
(1)If at any election,-(a)any voting machine used at a polling station or at a place appointed for counting of votes 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 or tampered with to such an extent that the result of the poll at that polling station cannot be ascertained or any voting machine develop a mechanical failure during the course of the recording of votes; or(b)any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, 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)declare the poll at the polling station to be void, appoint a day and fix the hours for taking a fresh poll at that polling station and direct that the day so appointed and the hours so fixed be published in the manner laid down in clause (b) of sub-rule (1) of rule 54, besides intimating the contesting candidates or their election agents; or(b)If satisfied that the result of a fresh poll at the polling station will not in any way affect the result of the election or that the mechanical failure of the voting machine or the error or irregularity in procedure is not material, issue such directions to the Returning Officer as he may deem proper for the further conduct and completion of the election.(3)The provisions of these rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.
