Section 58: Fresh Poll for Ballot Box Damage, Voting Machine Failure or Polling Irregularities
Section 58 provides the procedure when ballot boxes are lost, destroyed or tampered with, a voting machine fails during the recording of votes, or a serious procedural irregularity threatens the validity of polling. The Returning Officer must report the incident to the Election Commission, which determines whether a fresh poll is necessary.
Section 58(1): When must the Returning Officer report an incident?
Clause (a) - Ballot box custody, destruction or tampering: A ballot box used at a polling station or place fixed for the poll is unlawfully removed from the custody of the Presiding Officer or Returning Officer; is accidentally or intentionally destroyed or lost; or is damaged or tampered with to such an extent that the result of polling at that station or place cannot be ascertained.
Clause (aa) - Voting machine failure: A voting machine develops a mechanical failure during the recording of votes.
Clause (b) - Procedural irregularity: An error or irregularity in procedure likely to vitiate the poll occurs at the polling station or place fixed for polling.
In any of these circumstances, the Returning Officer must forthwith report the matter to the Election Commission.
Section 58(2): Election Commission's decision
After considering all material circumstances, the Election Commission may take either of the following courses:
- Declare the affected poll void and order a fresh poll [clause (a)]. It appoints the day, fixes the polling hours and notifies these details in the manner it considers appropriate.
- Direct completion without a fresh poll [clause (b)]. If satisfied that a fresh poll at the affected station or place cannot affect the election result, or that the voting machine failure or procedural error is not material, it may issue appropriate directions for further conduct and completion of the election.
Section 58(3): Rules governing a fresh poll
Every fresh poll under Section 58 is governed by the provisions of the Representation of the People Act, 1951 and the rules and orders made under it, in the same manner as the original poll.
How the fresh-poll procedure works
- Incident: A qualifying loss, damage, machine failure or serious irregularity occurs.
- Report: The Returning Officer promptly reports the matter to the Election Commission.
- Assessment: The Commission examines the facts and the possible effect on the election.
- Decision: The Commission orders a fresh poll or gives directions to complete the election without one.
- Notification and conduct: Where a fresh poll is ordered, its date and hours are notified and the poll proceeds under the applicable election law.
Important distinction: A machine failure or procedural error does not invariably require repolling. The statutory decision belongs to the Election Commission after examining the circumstances under Section 58(2). Section 58A separately deals with booth capturing.
Related provisions and terminology
Returning Officer: The election official responsible for statutory election functions, including reporting incidents under Section 58. Presiding Officer: The official supervising the poll at a polling station. Voting machine: An electronic voting machine used for recording votes in accordance with the Act and applicable rules.
- Section 56 - Fixing the hours of polling.
- Section 57 - Adjournment where polling is interrupted by violence, natural calamity or another sufficient cause.
- Section 58A - Booth capturing, adjournment and countermanding.
- Section 59 - Manner of voting at elections.