Section 44
Unauthorized Seizure Of Polling Station
(1) A polling station shall be considered seized in an unauthorized manner, in the following circumstance:
(a) If any one, by using force or coercion, or showing
intimidation or giving threat, takes control over the polling station, sub-station or the voting compartment (or place fixed for voting) and affects the polling or
allows only the voters supporting any candidate to vote or prevents other voters from voting,
(b) If any one, with or without using force, shows threat or fear to the voters to or not to vote for any candidate or prevents the voters from going to or entering into the polling station, sub-station or the voting compartment (or place fixed for voting) for polling, or
(c) If any one, with or without using force, prevents the Polling Officer or employees involved in the act of polling from discharging their duty, or snatches the
ballot papers, ballot boxes, or other election materials in their custody or so affects that the polling cannot be held in an impartial and free manner by doing similar other acts.
(2) Where a polling station is seized in an unauthorized manner due to any event as referred to in Clauses (a), (b) and (c) of Sub-section (1), the Polling Officer shall immediately postpone the polling and give a report thereof to the Election Officer, and the Election Officer shall also give such report to the Commission immediately.
(3) On receipt of the report as referred to in sub-section (2), the Commission may itself or the Election Officer may, when so directed by the Commission, inquire into the event as referred to in Sub-section (1); and based on the report of that inquiry, the Commission or the Election Officer may, as per the direction of the Commission, cancel the polling of that polling station.
(4) The Election Officer shall specify the date and time for conducting re-polling at the polling station where polling has been so canceled, and publish a notice thereof at that polling station, as well, and conduct such re- polling.
(a) If any one, by using force or coercion, or showing
intimidation or giving threat, takes control over the polling station, sub-station or the voting compartment (or place fixed for voting) and affects the polling or
allows only the voters supporting any candidate to vote or prevents other voters from voting,
(b) If any one, with or without using force, shows threat or fear to the voters to or not to vote for any candidate or prevents the voters from going to or entering into the polling station, sub-station or the voting compartment (or place fixed for voting) for polling, or
(c) If any one, with or without using force, prevents the Polling Officer or employees involved in the act of polling from discharging their duty, or snatches the
ballot papers, ballot boxes, or other election materials in their custody or so affects that the polling cannot be held in an impartial and free manner by doing similar other acts.
(2) Where a polling station is seized in an unauthorized manner due to any event as referred to in Clauses (a), (b) and (c) of Sub-section (1), the Polling Officer shall immediately postpone the polling and give a report thereof to the Election Officer, and the Election Officer shall also give such report to the Commission immediately.
(3) On receipt of the report as referred to in sub-section (2), the Commission may itself or the Election Officer may, when so directed by the Commission, inquire into the event as referred to in Sub-section (1); and based on the report of that inquiry, the Commission or the Election Officer may, as per the direction of the Commission, cancel the polling of that polling station.
(4) The Election Officer shall specify the date and time for conducting re-polling at the polling station where polling has been so canceled, and publish a notice thereof at that polling station, as well, and conduct such re- polling.