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handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

handbook for presiding officers - Chief Electoral Officer, Govt. of Sikkim

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15CHAPTER XXVIII<br />

ADJOURNMENT/STOPPAGE OF POLL DUE TO<br />

RIOT, BOOTH CAPTURING, ETC.<br />

1. Adjournment <strong>of</strong> Poll due to Riot, etc.<br />

1. Under section 57(1) <strong>of</strong> the Representation <strong>of</strong> People Act, 1951, the Presiding<br />

<strong>Officer</strong> <strong>of</strong> a polling station is empowered to adjourn the poll on account <strong>of</strong>—<br />

(i) a natural calamity like flood, heavy snowfall, a severe storm and the<br />

like, or<br />

(ii) non-receipt or loss or damage to essential polling materials like voting<br />

machine, authentic copy <strong>of</strong> electoral roll and the like, or<br />

(iii) disturbance <strong>of</strong> peace at the polling station making it impossible to take<br />

the poll, or<br />

(iv) non-arrival <strong>of</strong> the polling party at the polling station due to obstruction<br />

on the way or any other serious difficulty, or<br />

(v) any other sufficient cause.<br />

2.1 If there is a riot or any attempt <strong>of</strong> open violence, use the police <strong>for</strong>ce to control<br />

the same. If, however, it cannot be controlled and it is impossible to continue<br />

the poll, you should adjourn the poll. As stated above, the poll should also be<br />

adjourned if the taking <strong>of</strong> the poll is rendered impossible on account <strong>of</strong> any<br />

natural calamity or other sufficient cause. A passing shower <strong>of</strong> rain or strong<br />

wind would not normally be a sufficient cause <strong>for</strong> adjournment <strong>of</strong> poll. The<br />

discretion given to you to adjourn the poll should be exercised most sparingly<br />

and only in cases where it has become physically impossible to take the poll.<br />

The Commission has, however, decided that an adjourned poll may be<br />

ordered at all those polling stations where polling fails to start within two hours<br />

<strong>of</strong> the time scheduled <strong>for</strong> the commencement <strong>of</strong> poll.<br />

2.2 In every case <strong>of</strong> adjournment <strong>of</strong> poll, you must report immediately the full facts<br />

to the Returning <strong>Officer</strong>. Wherever a poll is adjourned, announce <strong>for</strong>mally to<br />

all, who are present at the polling station, that the poll will be taken on a day<br />

to be notified subsequently by the Election Commission.<br />

2.3 Both the units <strong>of</strong> the voting machine and all election papers should be sealed<br />

and secured in the presence <strong>of</strong> the polling agents as if the poll has come to a<br />

close in the normal way.<br />

3. Completion <strong>of</strong> adjourned poll.<br />

3.1 Where the poll has been adjourned at a polling station [under the provisions <strong>of</strong><br />

sub-section (1) <strong>of</strong> section 57], the adjourned poll will recommence on the date<br />

and time fixed by the Election Commission from the stage at which it was left<br />

immediately be<strong>for</strong>e the adjournment, i.e. the electors, who have not already<br />

voted be<strong>for</strong>e the poll was adjourned, will alone be permitted to vote at the<br />

adjourned poll. The Returning <strong>Officer</strong> will provide the Presiding <strong>Officer</strong> <strong>of</strong> the<br />

polling station, at which such adjourned poll is taken, with the sealed packets<br />

containing the same marked copy <strong>of</strong> the electoral roll and the register <strong>of</strong>

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