about the report of the Presiding Officer of polling booth No. 66-A regarding booth capturing by about 7-8 persons between ... petitioner that four persons had entered the polling booth and they indulged in booth capturing by forcibly snatching the 89 ballot papers and after marking
other persons with his consent committed the corrupt practice of Booth Capturing both at the time of polling on 27-4-1996 and also ... doubt as the booths had been seized by the polling staff to the exclusion of others.
11. As regards booth capturing at the time
come to the polling booth for casting votes. This allegation cannot be treated to be a corrupt practice of booth capturing. It is not disclosed ... polling agents, who were present at the polling booths, where the allegations of booth capturing have been made.
22. As observed earlier, the election petitioner
Adjournment of poll or countermanding of
election on the ground of booth capturing.--(1) If at any
election-
(a) booth capturing has taken place ... poll at that place cannot be ascertained; or
(b) booth capturing has taken place in any place for
counting of votes in such a manner
given power to adjourn /
countermand the poll on the basis of booth capturing. Section 60 in that
regard reads as under:-
"60. Adjournment ... poll or countermanding of election on
the ground of booth capturing (1) If at any election-
(a) booth capturing has taken place at a polling
whether respondent No. 1 made an attempt to capture booth No. 73 and as to whether bogus votes by impersonation at this booth were cast ... booth or any bogus votes were cast at booth No. 73 RW 2 Dara Singh who was the polling officer at booth No. 73, stated
captured the booths of all the Wards of Nagar Panchayat, Badhni Kalan. It
is alleged that due to the large scale booth capturing, election ... Wards were permitted to enter the booths and to cast their
votes. With these allegations of booth capturing, the petitioners allege that
elections
papers were spurious. The present one is not a case of booth-capturing or rigging. In an election dispute, there are not the candidates alone ... mistakes/defects are bona fide and there are no allegations of booth capturing, casting of spurious ballots etc.
19. A further perusal of the provisions
Police Station Dera Baba Nanak has held that no
booth capturing took place during the polling. It has also been observed in
the inquiry report ... bogus polling had taken place which was the natural
corollary of booth capturing. It has also been held that this shows that grave
electoral malpractice
returning Officer with regard to the corrupt practices including the booth capturing cannot be said to be vague because the details of the complaints, name ... Section 123, consent is not a material fact as far as booth capturing is concerned and for corrupt practices also the pleadings sufficiently indicate
