(1) if at any election- ( a) booth- capturing has taken place at a polling station or at a place fixed for the poll in such manner that the result of the poll at that polling station or place cannot be ascertained, or
(b) booth- capturing takes place in any place for counting of votes in such manner that the result of the counting at that place cannot be ascertained, The Municipal Returning Officer shall forthwith report the matter to the Commission.
(2) The Commission shall, on receipt of the report from the Municipal Returning Officer under sub-section (1) and after taking all material circumstances into account, either-
(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking 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) countermand the election in that constituency, provided the Commission is satisfied that in view of the large number of polling station or place involved in boothcapturing, the result of the election is likely to be affected or that booth- capturing had affected counting of votes in such manner as to affect the result of the election.
Explanation : - In this section, "booth - capturing “shall have the same meaning as in section 135A of the Representation of the People Act, 1950.
Manner of voting elections
64. At every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.
Provided that notwithstanding anything contained in this Act or the rules made thereunder, the manner of giving, or recording of votes by a voting machine shall be such as may be prescribed:
Provided further that a voting machine may be used at an election in such constituency or constituencies as the commission may, having regard to the circumstances in each case, by notification, specify.
Special Procedure for preventing personation of electors