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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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49. Functions <strong>of</strong> polling agents and counting agents<br />

(1) A polling agent may per<strong>for</strong>m such functions in connection with the poll as are<br />

authorised by or under this Act to be per<strong>for</strong>med by a polling agent.<br />

(2) A counting agent may per<strong>for</strong>m such functions in connection with the counting<br />

<strong>of</strong> votes as are authorised by or under this Act to be per<strong>for</strong>med by a counting<br />

agent.<br />

50. Attendance <strong>of</strong> a contesting candidate or his election agent at polling<br />

station and per<strong>for</strong>mance by him <strong>of</strong> the functions <strong>of</strong> a polling agent or<br />

counting agent<br />

(1) At every election where a poll is taken, each contesting candidate at such<br />

election and his election agent shall have a right to be present at any polling<br />

station provided under section 25 <strong>for</strong> the taking <strong>of</strong> the poll or at the place fixed<br />

under sub-section (1) <strong>of</strong> section 29 <strong>for</strong> the poll.<br />

(2) A contesting candidate or his election agent may himself do any act or<br />

thing which any polling agent or the counting agent <strong>of</strong> such contesting<br />

candidate, if appointed, would have been authorised by or under this Act to<br />

do, or may assist any polling agent or the counting agent <strong>of</strong> such contesting<br />

candidate in doing any such act or thing.<br />

51. Non-attendance <strong>of</strong> polling or counting agents<br />

Where any act or thing is required or authorised by or under this Act to be<br />

done in the presence <strong>of</strong> the polling or counting agents, the non-attendance <strong>of</strong><br />

any such agent or agents at the time and place appointed <strong>for</strong> the purpose<br />

shall not, if the act or thing is otherwise duly done, invalidate the act or thing<br />

done.<br />

57. Adjournment <strong>of</strong> poll in emergencies<br />

(1) If at an election the proceedings at any polling station provided under section<br />

25 or at the place fixed under sub-section (1) <strong>of</strong> section 29 <strong>for</strong> the poll are<br />

interrupted or obstructed by any riot or open violence, or if at an election it is<br />

not possible to take the poll at any polling station <strong>of</strong> such place on account <strong>of</strong><br />

any natural calamity, or any other sufficient cause, the Presiding <strong>Officer</strong> <strong>for</strong><br />

such polling station, or the Returning <strong>Officer</strong> <strong>presiding</strong> over such place, as the<br />

case may be, shall announce an adjournment <strong>of</strong> the poll to a date to be<br />

notified later, and where the poll is so adjourned by a Presiding <strong>Officer</strong> he<br />

shall <strong>for</strong>thwith in<strong>for</strong>m the Returning <strong>Officer</strong> concerned.<br />

(2) Whenever a poll is adjourned under sub-section (1) the Returning <strong>Officer</strong><br />

shall immediately, report the circumstances to the appropriate authority and<br />

the Election Commission, and shall, as soon as may be, with the previous<br />

approval <strong>of</strong> the Election Commission, appoint the day on which the poll shall<br />

recommence, and fix the polling station or place at which and the hours during<br />

which, the poll will be taken, and shall not count the votes cast at such<br />

election until such adjourned poll shall have been completed.

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