Section 40 in The Sikh Gurdwaras Committee Election Rules, 1959
40. Fresh poll in case of destruction of ballot-boxes.
(1)If at any election any ballot-box or boxes is or are unlawfully taken out of the custody of the 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 liable to be declared as void, but only in respect of the polling station or stations provided for the poll, as the case may be, at which such ballot-box or boxes was or were used and no further.(2)Whenever the polling at any polling station or stations or at the place fixed for the poll shall be liable to be declared as void under sub-rule (1), the presiding officer shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, report the matter to the returning officer, Deputy Commissioner and the Commissioner, Gurdwara Elections. The Deputy Commissioner shall, in the event of his being satisfied, declare the election void and the returning officer shall with the approval of the Commissioner, Gurdwara Elections, appoint a day for the taking of a fresh poll in such or every such polling station or in such place fixed for the poll and fix the hours during which the poll will be taken :Provided that no fresh poll shall be taken if the difference between the votes secured by the candidate who is found to have obtained the least number of votes up to the number of members to be elected and by the candidate who has polled the largest number of votes from amongst the remaining candidates is more than the total number of voters entitled to vote at such a polling station or polling stations in the constituency.(3)The provisions of these rules shall apply to every such fresh poll as they apply to the original poll.
