Section 19   [ View Judgements ]

FRESH OPINION POLL IN CASE OF DESTRUCTION, ETC. OF BALLOT BOXES


(1) If at any opinion poll,-

(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the opinion poll at that polling station cannot be ascertained, or

(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the opinion poll commissioner shall forthwith report the matter to the Chief Election Commissioner.

(2) Thereupon, the Chief Election Commissioner shall, after taking all material circumstances into account, either -

(a) declare the opinion poll at that polling station to be void, appoint a day, and fix the hours for taking a fresh opinion poll at that polling station and notify the day so appointed and the hours so fixed in such manner as he may deem fit, or

(b) if satisfied that the result of a fresh opinion poll at that polling station will not, in any way, affect the result of the opinion poll or that the error or irregularity in procedure is not material, issue such directions to the opinion poll commissioner as he may deem proper for the further conduct and completion of the opinion poll.

(3) The provisions of this Act and the rules or orders made thereunder shall apply to every such fresh opinion poll as they apply to the original opinion poll.

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