(1) If at any election—
(a) booth capturing has taken place at a polling station or at a place fixed for the poll in such manner that the result of the poll at that polling station or place cannot be ascertained; or
(b) booth capturing takes place in any place for counting of votes in such manner that the result of the counting at that place cannot be ascertained, the Municipal Returning Officer shall forthwith report the matter to the Commission.
334 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
(Chapter V11.—The Poll.—Sections 64, 65.)
(2) The Commission shall, on receipt of the report from the Municipal Returning Officer under sub-section (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) countermand the election in that constituency, provided the Commission is 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 manner as to affect the result of the election.
Explanation.—In this section, "booth capturing" shall have the 43 of 1951_ same meaning as in section 135A of the Representation of the People Act, 1951.
43 of 1950.
64. At every election where a poll is taken, votes shall be given by ballot in such manner as may be precribed, and no votes shall be received by proxy.
65. With a view to preventing personation of electors, provision may be made by 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 ballot papers for the purpose of voting at a polling station before delivery of such paper or papeis to him;
(b) for the production before the Presiding Officer or a Polling Officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if, under the rules made in that behalf under the Representation of the People Act, 1950, electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and
(c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if, at the time such person applies for such paper, he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the Presiding Officer or a Polling Officer of the polling station.
Manner of voting at elections.
Special procedure for preventing personation of electors.
335 The West Bengal Municipal Elections Act, 1994.
[West Ben. Act (Chapter VIL—The Poll.—Sections 66-68.)
Right to vote.