the representation of the people act, 1951 - Ministry of Law and Justice

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88Representation of the People Act, 1951(PART II.—Acts of Parliament)(2) Whenever a poll is adjourned under sub-section (1), the returning officer shall immediately report the circumstancesto the appropriate authority and the Election Commission, and shall, as soon as may be, with the previous approval of theElection Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which andthe hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shallhave been completed.(3) In every such case as aforesaid; the returning officer shall notify in such manner as the Election Commissionmay direct the date, place and hours of polling fixed under sub-section (2).1 [58. Fresh poll in the case of destruction, etc., of ballot boxes.—(1) If at any election,—(a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody ofthe presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged ortampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or2 [(aa) any voting machine develops 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 or at aplace fixed for the poll,the returning officer shall forthwith report the matter to the Election Commission.(2) Thereupon the Election Commission shall, after taking all material circumstances into account; either—(a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a freshpoll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deemfit, or(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the resultof the election or that 5 [the mechanical failure of the voting machine or] the error or irregularity in procedure is notmaterial, issue such directions to the returning officer as it may deem proper for the further conduct and completion ofthe election.(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as theyapply to the original poll.]3 [58A. Adjournment of poll or countermanding of election on the ground of booth capturing.—(1) Ifat any election,—(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in thissection referred to as a place) in such a manner that the result of the poll at that polling station or placecannot be ascertained; or_____________________________________________________________________________________1. Subs. by Act 40 of 1961, s. 13, for s. 58 (w.e.f. 20-9-1961).2. Ins. by Act 1 of 1989, s. 9 (w.e.f. 15-3-1989).3. Ins. by s. 10, ibid. (w.e.f. 15-3-1989).
89Representation of the People Act, 1951(PART II.—Acts of Parliament)(b) booth capturing takes place in any place for counting of votes in such a manner that the result ofthe counting at that place cannot be ascertained,the returning officer shall forthwith report the matter to the Election Commission.(2) The Election Commission shall, on the receipt of a report from the returning officer under sub-section (1)and after taking all material circumstances into account, either—(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, fortaking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in suchmanner as it may deem fit; or(b) if satisfied that in view of the large number of polling stations or places involved in boothcapturing the result of the election is likely to be affected, or that booth capturing had affected counting ofvotes in such a manner as to affect the result of the election, countermand the election in that constituency.Explanation.—In this section, "booth capturing" shall have the same meaning as in section 135A.]59. Manner of voting at elections.—At every election where a poll is taken votes shall be given by ballot in suchmanner as may be prescribed, 1 [and, save as expressly provided by this Act, no votes shall be received by proxy:]2 [ Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.]3 [60. Special procedure for voting by certain classes of persons.—Without prejudice to the generality ofthe provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,—(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of theRepresentation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to givehis vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituencywhere poll is taken;(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner,at an election in a constituency where a poll is taken, namely:—(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act;(ii) the wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Actapply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;(c) any person belonging to a class of persons notified by the Election Commission in consultation with theGovernment to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a pollis taken subject to the fulfilment of such requirement as may be specified in those rules.(d) any person subjected to preventive detention under any law for the time being in force to give his vote bypostal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to thefulfilment of such requirements as may be specified in those rules.]_____________________________________________________________________________________1. Subs. by Act 24 of 2003, s. 2 (w.e.f. 22-9-2003).2. Ins. by Act 40 of 2003, s. 3.3. Subs. by Act 24 of 2003, s. 3, (w.e.f. 22-9-2003).
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