(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 section referred to as a place) in such a manner that the result of the poll at that place cannot be ascertained; or
(b) booth capturing has taken place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained;
the Returning Officer shall forthwith report the matter to the Election Commission.
(2) The Election Commission shall, on the receipt of a report from the Returning Officer under sub-section (1), and after taking all material circumstances into account, either—
(a) declare that the poll at that place shall be void and appoint a day, and fix the hours for taking fresh poll at that place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or Adjournment of poll or counter mending of election on the ground of booth capturing.
(b) if satisfied that in view of the large number of 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 constituency.
Explanation.- In this section, the expression "booth capturing" shall have the same meaning as is assigned to it in section 123.
61. At every election where a poll is taken, votes shall be given by ballot in such manner, as may be prescribed, and no vote shall be received by proxy.
62. Without prejudice to the generality of the provisions contained in section 61, provision may be made in the rules made under this Act for enabling, -
(a) any person to whom the provisions of sub-section (5) or sub-section
(7) of section 29 of this Act apply;
(b) any person subjected to preventive detention under any law for the time being in force; to give his vote by postal ballot and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in the rules.
63. With a view to preventing personation of electors, provision shall be made in the rules made under this Act,-
(a) for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
(b) for the production before the Presiding Officer or a Polling Officer by every such elector his identity card, if issued, before the delivery of a ballot paper or papers is made to him; and
(c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station, if such person at the time of applying for ballot paper has such a mark on his thumb or any other finger or does Special procedure for preventing personation of electors.
Special procedure for voting by certain person.
Manner of voting at elections.
not produce on demand his identity card, if issued before the Presiding Officer or Polling Officer.
64. Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines shall be in such a manner, as may be prescribed or as the Election Commission may, having regard to the circumstances of each case, specify.
Explanation, - For the purposes of this section, “voting machines” means any machine or apparatus whether operated electronically or otherwise, used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder, shall save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.