(1) If at any time before counting of votes is completed, any ballot papers used at a polling are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon, the State Election Commission shall, taking all material circumstances into account, either,
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station to be void, appoint a day and fix the hours, for taking a fresh poll at that polling station and notify the date so appointed and hours so fixed in the manner as it may deem fit; or
(b) if satisfied that the result of a fresh poll at that station will not, in anyway, affect the result of the election, Destruction, loss of ballot papers at the time of counting.
174 [Act No. 11 of 2019] Electoral officers and staff deemed to be on deputation.
Delegation of powers of the Commission.
issue such directions to the Returning Officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.
(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.