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Section 58A Adjournment of poll or countermanding of election on the ground of booth capturing - Representation of the People Act, 1951

What is the procedure for Adjournment of poll or countermanding of election on the ground of booth capturing? Section 58A of Representation of the People Act, 1951

Section 58A : Adjournment of 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 station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or

(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the 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, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or (b) if satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes 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.

   

 

 
 


The Representation of the People Act 1951

Section 51 Non-attendance of polling or counting agents

CHAPTER III - General Procedure at Elections

Section 52 Death of candidate of reorganised political party before poll

Section 53 Procedure in contested and uncontested elections

Section 54. Special procedure at elections in constituencies where seats are reserved for Scheduled Castes or Scheduled Tribes Rep. by the Representation of the People (Amendment) Act, 1961 (40 of 1961), s. 12 (w.e.f. 20-9-1961).

Section 55 Eligibility of members of Scheduled Castes or Scheduled Tribes to hold seats not reserved for those castes or tribes

CHAPTER IV - The Poll

Section 56 Fixing time for poll

Section 57 Adjournment of poll in emergencies

Section 58 Fresh poll in the case of destruction, etc., of ballot boxes

Section 58A Adjournment of poll or countermanding of election on the ground of booth capturing

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