(a) dies at any time after 11.00 a.m. on the last date for making nominations and his nomination is found valid on scrutiny under rule 36;
(b) whose nomination has been found valid on scrutiny under rule 36 and who has not withdrawn his candidature under rule 37 dies, in either case, a report of his death is received at any time before the publication of the list of the contesting candidates under rule 38;or
(c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, The Returning Officer shall upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the Commission and to the Director of Panchayats Elections and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:
Provided that no order for countermanding a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate:
Provided further that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll :
Provided also that no person who has given a notice of his withdrawal of his candidature under sub-rule (1) of rule 37 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
47. Procedure in contested election : (1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken.
(2) If a poll becomes necessary, the Returning Officer shall supply to each candidate or his election agent:-
(a) a copy of the list of contesting candidates; and
(b) specimen of the symbol allotted to them.
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48. Eligibility of members of Scheduled Castes or Scheduled Tribes and Women to hold seats not reserved for them: For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes or a Woman shall not be disqualified to hold a seat not reserved for members of those Castes or Tribes or women, if he or she is otherwise qualified to hold such seats under the Regulation and these rules.
49. Publication of hours fixed for polling :The Commission shall fix the hours during which the poll will be taken and the hours so fixed shall be published by notification in the Official Gazette:
Provided that the total period allotted on any one day for polling at an election in a ward shall not be less than eight hours.
50. Voting to be in person: All electors shall vote in person at the polling station, and no vote shall be received by proxy.
51. Adjournment of poll in emergencies: (1) If at an election, the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the Returning Officer.
(2) Whenever, a poll is adjourned under sub-rule (1), the Returning Officer shall immediately report the circumstances to the Director of Panchayats Elections and the Commission and shall, with the previous approval of the Commission publish a notice specifying the day on which the poll shall re-commence from the stage at which it was left immediately before the adjournment and fix the polling station at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll have been completed.
(3) In every such case as aforesaid, the Returning Officer shall notify in such manner as the Commission may direct the date, place and hours of polling fixed under subrule(2).
52. Procedure on adjournment of poll :(1) If the poll at any polling station is adjourned under rule 51, the provisions of rule 49 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 49.
(2) When an adjourned poll is re-commenced under sub-rule (2) of rule 51 the electors who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) The Returning Officer shall provide the presiding officer of the polling station of which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box.
(4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors to whom the ballot papers are issued at the adjourned poll without however recording therein the serial number thereof.
(5) The provisions of rules 51 shall apply in relation to conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
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53. Adjournment of poll or countermanding of election on the ground of booth capturing :
(1) If at any election:-
(a) booth capturing has taken place at any polling station in such a manner that result of the poll at that polling station cannot be ascertained; or
(b) booth capturing takes place at any place for counting of votes in such a manner that the result of counting cannot be ascertained;
The Returning Officer shall forthwith report the matter to the Commission.
(2) The Commission shall, on receipt of a report from the Returning Officer under subrule (1) and after taking all material circumstances into account either-
(a) declare that the poll at that polling station be void, appoint a day, and fix the hours, for taking fresh poll at that polling station and notify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b) if satisfied that in view of the large number of polling stations involved in booth capturing, 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, countermand the election in that ward.
Explanation :- For the purpose of this rule, “booth capturing” includes, among other things, all or any of the following activities, namely:-
(i) seizure of a polling station fixed for the poll by any person or persons, making polling authorities surrender the ballot papers and doing of any other act which affects the orderly conduct of elections;
(ii) taking possession of polling station fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;
(iii) threatening any elector and preventing him from going to the polling station fixed for the poll to cast his vote;
(iv) seizure of a place for counting of votes by any persons, making the counting authorities surrender the ballot papers and the doing of anything which affects the orderly counting of votes;
(v) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at any such activity in the furtherance of the prospects of the election of a candidate.
54. Fresh poll in the case of destruction, etc; of ballot boxes. (1) If at any election:
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(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer or the Returning Officer, or is accidentally or intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained; or
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station;
The Returning Officer shall forthwith report the matter to the Commission.
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(2) Thereupon the Commission shall, after taking all material circumstances into account, either :-
(a) declare the poll at that polling station void ; appoint a day and fix the hours for taking a fresh poll at that polling station and notify the day to be appointed and the 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 will not, in any way, affect the result of the election of that ward or that the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct and completion of the election.
(3) The provisions of the Regulation and these rules made thereunder shall apply to every fresh poll as they apply to the original poll.