(1) If at any election,-
(a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereinafter in this rule referred to as a place) in such a manner that the result of the poll at that polling station or place becomes unascertainable; or
(b) booth capturing takes place in any place for counting of votes in such manner that the result of the counting at the place becomes un ascertainable.
the returning officer shall forthwith report the matter to the State Election Commission and the Chief Commissioner.
(2) The State Election Commission shall, on receipt of a report from the returning officer under sub-rule (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) if satisfied that, in view of the large number of polling stations or places 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 a 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 polling station or a place fixed for the poll by any person, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
(ii) taking possession of a polling station or a place fixed for the polling by any person and allowing only himself or his own supporters to exercise their right to vote and prevent other from voting;
¨sÁUÀ 4J , 05 2022 5939
(iii) threatening any elector and preventing them from going to the polling station or a place fixed for the poll to cast his vote;
(iv) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes; and
(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.