(1) If the poll at any polling station is adjourned under rule 53, the provisions of rules 47 to 50 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under rule 25.
(2) When an adjourned poll is recommenced under sub-rule (2) of rule 53, the voters 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 at which such adjourned poll is held, with the sealed packet containing the marked copy of the List of voters and new ballot boxes;
(4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the List of voters to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof.
(5) The provisions of rules 24(2), 25 to 51 shall apply mutatis mutandis in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned.
[55. Fresh poll in case of obstruction or damage of ballot boxes etc. - (1) The Returning Officer forthwith report the matter to the State Election Commission, if at any election-
(a) any ballot box or voting machine used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidentally or intentionally destroyed or lost or damaged or tempered with to such an extent that the result, of the poll at the polling station cannot be ascertained; or
(b) any voting machine develops a mechanical failure during the course of recording or counting of votes; or
(c) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station; or
(d) booth capturing has taken place at a polling station in such a manner that the result of the counting at that polling station cannot be ascertained.
(2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either,-
(a) declare the poll at that polling station to be void, appoint the day and fix the hour for taking a fresh poll at the polling station and notify the day so appointed and the hour so fixed in such a 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 effect the result of the election or that the mechanical failure of the voting machine or that the error or irregularity in procedure is immaterial, issue such directions to the returning officer as it may deem appropriate for the further conduct and completion of the election.
(3) Where a report has been sent to the State Election Commission under sub-rule (1), the returning officer shall not commence counting of votes till he gets a clearance to do so from the State Election Commission.
(4) Where ballot boxes are used, the provisions of rule 25 to 51 shall apply mutatis mutandis in relation to the conduct of a fresh poll as they apply in relation to the originally scheduled poll.
(5) Where voting machine is used, the provisions of rules 25 to 29, 30A, 31 A, 32A, 32B, 33, 33A, 35A, 36, 37A, 37B, 38A, 39, 40A, 41, 42, 43, 44A, 45A, 46A, 47,A, 48A, 49A, 50A and 51 shall apply mutatis mutandis in relation to the conduct of fresh poll as they apply in relation to the originally scheduled poll.
(6) Where the presiding officer is of opinion that booth capturing is taken place at a polling station, whereat voting machines is being used, he shall immediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit that from the .control unit.
Explanation. - For the purposes of sub-rule (1) of rule 55, "booth capturing" includes, among other things, all or any of the following activities, namely:-
(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections.
(b) taking possession of a polling station or a place 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 free exercise of their right to vote.
(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote.
(d) 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.]
[56. Adjournment of poll on the death of a candidate. - (1) If a candidate set up by a recognised political party.-
(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 13; or
(b) whose nomination has been found valid on scrutiny under rule 13 and who has not with drawn his candidature under rule 16, dies;
and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under rule 21; 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 facts of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later, and report the fact to the State Election Commission and also to State Government in Local Self Government Department:
Provided that no order for adjourning 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.
(2) The State Election Commission shall on receipt of a report from the Returning Officer under subrule (1), call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within five days of issue of such notice to such recognised political party and the provisions of rule 10 to 16 and 20 to 22 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations :
Provided that no person who has given a notice of withdrawal of his candidature under Rile 16 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment.
(3) Where a list of contesting candidates had been published under rule 21 before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of contesting candidates under that rule so as to include the name of the candidate who has been validly nominated under sub-Rile (2).
Explanation. - "recognised political party" means a political party recognised by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order, 1968].