AAP Tax Law
Representation of the People Act, 1951

Section 57: Adjournment of Poll in Emergencies

Section 57 of the Representation of the People Act, 1951 governs the adjournment of a poll in emergencies, including riot, open violence, natural calamity or another sufficient cause. It specifies who may adjourn polling, how a new polling date is approved and announced, and when votes may be counted.

Section 57: Statutory provision

Section 57(1): Circumstances requiring adjournment

If at an election proceedings at a polling station provided under Section 25 or at a place fixed under Section 29(1) are interrupted or obstructed by riot or open violence, or polling cannot take place because of a natural calamity or any other sufficient cause, the presiding officer at that polling station, or the returning officer presiding over the other polling place, as applicable, shall announce an adjournment to a date to be notified later. When a presiding officer adjourns the poll, the returning officer concerned must be informed forthwith.

Section 57(2): Fixing the date for resumed polling

The returning officer must immediately report the circumstances to the appropriate authority and the Election Commission. With the Commission's previous approval, the returning officer shall, as soon as may be, appoint the day on which polling will recommence, fix the polling station or place and the hours for the resumed poll, and must not count the votes cast at that election until the adjourned poll has been completed.

Section 57(3): Public notification

The returning officer must notify the date, place and hours of the resumed poll in the manner directed by the Election Commission.

Meaning and scope of Section 57

Adjournment of poll means postponement or interruption of polling at an affected polling station or other designated polling place, followed by resumption on a later notified date. It is not, by itself, a cancellation of the entire election or a direction to conduct a fresh poll everywhere.

Riot or open violence covers serious disorder or violence that interrupts or obstructs the proceedings. Natural calamity may include flooding, severe storms or other disasters preventing polling. The phrase other sufficient cause requires a genuine circumstance making the poll impossible or preventing its proper conduct; inconvenience alone should not be assumed to satisfy the statutory standard.

Procedure after an emergency interrupts voting

  1. Announce adjournment: The presiding officer or the returning officer presiding at the relevant place announces that polling is adjourned to a later date.
  2. Report promptly: A presiding officer immediately informs the returning officer; the returning officer immediately reports to the appropriate authority and Election Commission.
  3. Obtain approval: The returning officer secures the Election Commission's prior approval before fixing the date for recommencement.
  4. Set polling arrangements: The returning officer fixes the resumed polling date, place and hours.
  5. Notify voters: The returning officer gives notice in the manner directed by the Election Commission.
  6. Complete polling before counting: Votes cast at the election cannot be counted until the adjourned poll is completed.

Frequently asked questions

Can a presiding officer postpone voting because of violence?

Yes. Under Section 57(1), when riot or open violence interrupts or obstructs polling at the polling station, the presiding officer must announce an adjournment and promptly inform the returning officer.

Who decides when the adjourned poll resumes?

The returning officer fixes the new date, polling place and hours with the prior approval of the Election Commission and issues the required notification.

Can counting proceed while an adjourned poll is pending?

No. Section 57(2) expressly prohibits counting votes cast at the election until the adjourned poll has been completed.

Is an adjourned poll the same as a fresh poll?

No. Section 57 deals with an interrupted or impossible poll and its recommencement; Section 58 provides separately for fresh polling in the situations specified there.

Official legal resources

For the authoritative consolidated legislation and applicable rules, consult India Code (Representation of the People Act, 1951 and Conduct of Elections Rules, 1961). For current election procedures, notifications and instructions, refer to the Election Commission of India. Actual arrangements depend on the Commission's directions for the election concerned.