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Representation of the People Act, 1951 | Chapter V - Counting of Votes

Section 64A: Destruction, Loss or Tampering of Ballot Papers During Counting

Section 64A of the Representation of the People Act, 1951 establishes the legal procedure when ballot papers are unlawfully removed, destroyed, lost, damaged or tampered with before vote counting is complete, making the result at an affected polling station or polling place impossible to ascertain. The Returning Officer reports the matter immediately, and the Election Commission decides whether to order a fresh poll or allow counting to continue.

Section 64A(1): When must the Returning Officer report?

If, before the counting of votes is completed, ballot papers used at a polling station or a place fixed for polling are unlawfully taken from the custody of the Returning Officer, accidentally or intentionally destroyed or lost, or damaged or tampered with to such an extent that the result of the poll at that station or place cannot be ascertained, the Returning Officer must forthwith report the matter to the Election Commission.

The requirement concerns material interference with ballot papers, not every minor defect. The statutory threshold is whether the result of the affected poll can still be ascertained.

Section 64A(2): Powers of the Election Commission

After considering all material circumstances, the Election Commission may choose between two statutory courses:

  1. Section 64A(2)(a) - Stop counting and order a fresh poll. The Commission may direct that counting be stopped, declare the poll at the affected polling station or place void, appoint a day and fix the hours for a fresh poll, and notify that date and those hours in the manner it considers fit.
  2. Section 64A(2)(b) - Resume counting without a fresh poll. If satisfied that the result of a fresh poll at the affected polling station or place will not in any way affect the result of the election, the Commission may issue directions to the Returning Officer for resuming and completing counting and for the further conduct and completion of the election.

Section 64A(3): Rules for a fresh poll

The provisions of the Representation of the People Act, 1951 and the applicable rules and orders apply to every fresh poll ordered under this section as they apply to the original poll.

Procedure at a glance

  1. Incident identified: Ballot papers are missing, destroyed, removed from custody, damaged or tampered with before counting ends.
  2. Material effect assessed: The interference prevents the affected poll result from being ascertained.
  3. Immediate report: The Returning Officer reports the incident to the Election Commission.
  4. Commission's decision: Considering all circumstances, the Commission orders a fresh poll and stops counting, or permits counting and the election to be completed where a fresh poll cannot affect the overall result.
  5. Implementation: The notified fresh poll, if ordered, follows the applicable Act, rules and orders.

Distinction from Section 58: Section 58 addresses specified problems arising in relation to polling, including ballot-box interference, voting-machine failure and procedural irregularities. Section 64A specifically addresses interference with ballot papers before counting is completed. The statutory powers and conditions should not be treated as interchangeable.

Related legal provisions and definitions

Returning Officer: The statutory election officer responsible for election administration and the immediate report required by Section 64A(1). Fresh poll: A new poll at the specified station or place ordered by the Election Commission after declaring the earlier poll void. Material circumstances: The relevant facts, including whether a fresh poll could affect the election result, that the Commission must consider.

Official law and election resources

For an actual election, consult the current statutory text, the Conduct of Elections Rules, 1961, and applicable Election Commission directions, particularly where electronic voting machines are used.