Section 88: Stopping of the poll

88. Stopping of the poll.— (1) The Presiding Officer shall stop the poll and inform the Returning Officer that he has done so if— (a) the poll at the polling station is, at any time, so interrupted or obstructed for reasons beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under section 70; and (b) any ballot box used at the polling station is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed, or is lost or is damaged or tampered with to such an extent that the result of the poll at the polling station cannot be ascertained. (2) Where a poll has been stopped under sub-section (1), the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station unless it is satisfied that the result of the election has been determined by the polling that has already taken place at that polling station, along with the result of the polling at other polling stations in the same constituency. (3) Where the Commission orders a fresh poll under sub-section (2)— (a) it shall, by notification in the official Gazette, appoint a day for a fresh poll and fix the place at which and the hours during which such fresh poll shall be taken; and (b) the Returning Officer shall give public notice of the day so appointed and the place and hours so fixed. (4) At a fresh poll taken under sub-section (3) at a polling station, all voters entitled to vote at the polling station shall be allowed to vote and no vote cast at the previous poll stopped under sub- section (1) shall be counted; and the provisions of this Act and the Rules and orders made under the law shall apply to such fresh poll.

Effective date: 2017-10-02

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