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Section 64A Destruction, loss, etc., of ballot papers at the time of counting - Representation of the People Act, 1951

What is the law regarding Destruction, loss, etc., of ballot papers at the time of counting? Section 64A of Representation of the People Act, 1951

Section 64A : Destruction, loss, etc., of ballot papers at the time of counting

(1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, 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) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a 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 the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.

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

   

 

 
 


The Representation of the People Act 1951

Section 61 Special procedure for preventing personation of electors

Section 61A Voting machines at elections

Section 62 Right to vote

Section 63 Method of voting- repealed

CHAPTER V - Counting of Votes

Section 64 Counting of votes

Section 64A Destruction, loss, etc., of ballot papers at the time of counting

Section 65 Equality of votes

Section 66 Declaration of results

Section 67 Report of the result

Section 67A Date of election of candidate

CHAPTER VI - Multiple Elections

Section 68 Vacation of seats when elected to both Houses of Parliament

Section 69 Vacation of seats by persons already members of one House on election to other House of Parliament

Section 70 Election to more than one seat in either House of Parliament or in the House or either House of the legislature of a State

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