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Section 41
Unauthorized occupation of polling station
(1) Unauthorized occupation of polling station shall be considered in the following cases:-
(a) If any person by force or show of intimidation or threats takes possession of the polling station or the place fixed for voting and influences the voting process or allows only the voters who support a candidate to vote or if other voters are not allowed to vote,
(b) if any person, by force or otherwise, intimidates or threatens a voter to vote or not to vote for any candidate or obstructs the way or booth for voting or prevents him or her from going to or entering a polling station or polling place, or
(c) If someone does not allow the polling officer or employee assigned to conduct the polling operation by force or not to comply with their duties or if they take away the ballot papers, ballot boxes, electronic equipment placed for voting or voting related materials in their charge or do other similar actions, the voting process will be fair and If affected in such a way that it does not or cannot operate independently in a normal manner.
(2) In case of unauthorized occupation of the polling station in any way mentioned in clause (a), (b) or (c) of sub-section (1), the polling officer shall immediately postpone the polling and report the same to the election officer and the election officer to the commission immediately.
(3) If the report as per sub-section (2) is received by the commission or in the case where the commission has given any instructions, the election officer may investigate the incident as per sub-section (1) in accordance with such directive of the commission and based on the report of such investigation, the commission or the election officer as per the directive of the commission may cancel the voting of such polling station. Can do.
(4) In the polling station where the polling has been canceled according to sub-section (3), the election officer shall fix the date and time of re-voting as soon as possible and shall publish the same notice in the polling station and conduct re-voting.