(1) If at any election,-
(a) any ballot box or electronic voting machine 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 voting machine develops a mechanical failure during the course of the recording of votes; or Adjournment of poll in emergencies.
Fresh poll in the case of destruction of ballot boxes.
172 [Act No. 11 of 2019] Adjournment of poll or countermanding of election on the ground of booth capturing.
(c) any such error, human or mechanical 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 State Election Commission.
(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 a day and fix the hours for taking a fresh poll at the polling station and notify the day so 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 or that the mechanical failure of the voting machine or the error or irregularity in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the proper conduct and completion of the election.
(3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.