State · Arunachal Pradesh
Section 61 of THE ARUNACHAL PRADESH MUNICIPAL ELECTION ACT, 2009 (ACT No. 4 OF 2009)
- (1)If at an election the proceedings at any polling station provided under section 12 for the poll are interrupted or obstructed by any riot or open violence, or if at any election it is not possible to take the poll at any polling station or such place on account of any natural calamity or any other sufficient cause, the Presiding Officer for such polling station or the Municipal Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Municipal Returning Officer concerned.
- (2)Whenever a poll is adjourned under sub-section (1), the Municipal Returning Officer shall immediately report the circumstances to the appropriate authority and the Commission and shall, as soon as may be, with the previous approval of the Commission appoint the day on which the poll shall recommence, second or third day and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.
- (3)In every such case as aforesaid, the Municipal Returning Officer shall notify in such manner as the Commission may direct the date, place and hours of polling fixed under sub-section (2). Fresh poll in the case of destruction etc. of ballot boxes 62. (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 of the Presiding Officer or the Municipal Returning Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with
to such extent that the result of the poll at that polling station or place cannot be
ascertained, or
- (b)any voting machine develops a mechanical failure during the course of giving, or recording of vote; or
- (c)any such error or irregularity as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the Municipal Returning Officer shall forthwith report the matter to the Commission.
- (2)Thereupon, the Commissioner shall, after taking all material Circumstances into account either-
- (a)declare the poll at that polling station or place to be void, appoint second or third day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and the hours so fixed in such manner as it may deem fit, or
- (b)issue such directions to the Municipal Returning Officer as it may deem proper the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularities in procedure is not material.
- (3)The provisions of this Act and the rules and the orders made there under shall apply to every such fresh poll as they apply to the original poll.