Fresh poll in the case of destruction etc. of ballot boxes

(1) If at any election,- (a) any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Presiding Officer or the Municipal Returning Officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with to such extent that the result of the poll at that polling station or place cannot be ascertained, or (b) any voting machine develops a mechanical failure during the course of giving, or recording of vote; or (c) any such error or irregularity as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the Municipal Returning Officer shall forthwith report the matter to the Commission. (2) Thereupon, the Commissioner shall, after taking all material Circumstances into account either- (a) declare the poll at that polling station or place to be void, appoint second or third day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and the hours so fixed in such manner as it may deem fit, or (b) issue such directions to the Municipal Returning Officer as it may deem proper the further conduct and completion of the election, provided the Commission is satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularities in procedure is not material. (3) The provisions of this Act and the rules and the orders made there under shall apply to every such fresh poll as they apply to the original poll.