Amendment status not verified — confirm the current text below against the official source.
Adjournment of poll or countermanding of election on the ground of boothcapturing.— (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 24B.Inserted by Act 8 of1995, w.e.f 5-8-1995. ** (aa) inserted by the Third Amendment Act 33 of 2005, w.e.f 24-08-2005 ** " "inserted by the Third Amendment Act 33 of 2005, w.e.f 24-08-2005 (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 State Election Commission. (2) The State Election Commission shall, on receipt of a report from the 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) if 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 a manner as to affect the result of the election, countermand the election. Explanation.— In this section, "booth-capturing" shall have the same meaning as in section 161. 130.Manner of voting at elections.— At every election where a poll is taken, votes shall be given by ballot in such a manner as may be prescribed, and no vote shall be received by proxy. **["103A. Use of voting machine in elections. Notwithstanding anything contained in this Act or rules made thereunder, the system of giving vote and recording of vote by using voting machine as may be prescribed may be adopted in every election decided, by the State Election Commission considering the circumstances in each region. Explanation:- For the purpose of this section "voting machine" means any electronic machine or any other machine used for giving or recording of votes and it shall also be construed that any reference as to ballot box or ballot paper in this Act or rules made thereunder save as otherwise provided shall include the reference to a voting machine which is being used in any election".] 131.Special procedure for preventing personation of electors.— With a view to preventing personation of electors.- ** Section 130A inserted by the Third Amendment Act 33 of 2005, w.e.f 24-08-2005 (a) 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 shall be marked with indelible ink, in such manner as may be prescribed, before delivery of such paper or papers to him; (b) no ballot paper shall be delivered to any person for voting at a polling station and proceedings shall be initiated against such person in accordance with law, if at the time such person applies for such paper, he already has such a mark on his thumb or any other finger. 132.Right to vote.— (1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll for a ward shall be entitled to vote in that ward. (2) No person shall vote at an election if he is subject to any of the disqualifications referred to in section 74. (3) No person shall vote at a general election in more than one ward, and if a person votes in more than one ward, his votes in all such wards shall be void, (4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that more than once, and if he does so vote, all his votes shall be void. (5) No person shall vote at any election if he is confined in a prison under a sentence of imprisonment or otherwise, or is in the lawful custody of the police: Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force. 133.Counting of votes.— At every election where a poll is taken., votes shall be counted by, or under the supervision and direction of the Returning Officer and each contesting candidate, his election agent and his counting agents, shall have the right to be present at the time of counting