section 6
Insertion of new section 68A
The Jammu and Kashmir Representation of the People (Amendment) Act, 1995General199510 sections
Statutory text
Insertion of new section 68A.--After section 68 of the principal Act, the following section shall be inserted, namely :-- "68A. Adjournment of poll or countermanding of election on grounds of booth capturing.--(1) If at any election.--
- (a) booth capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a 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 a manner that the result of the counting at that place cannot be ascertained. the returning officer shall forthwith report the matter to the Election Commission.
- (2) In every case referred to in clause
- (a) or clause
- (b) of sub-section (1), the Election Commission shall, on the receipt of a report from the returning officer under sub-section
- (1) or otherwise, after taking all material circumstances into account, either--
- (a) declare that the poll at that polling station 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) if satisfied that in 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 a manner as to affect the result of the election, declare that the poll in that constituency be void, appoint a day and fix the hours for taking fresh poll in that constituency and notify the date so appointed and the hours so fixed in such manner as it may deem fit or countermand the election in that constituency. Explanation.--In this section, booth capturing shall have the same meaning as in section 142-A".
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