Amendment status not verified — confirm the current text below against the official source.
Fresh ballot in the case of destruction, etc., of ballot boxes.— (1) If at any election any ballot box or boxes is or are unlawfully taken out of the custody of 2[the State Election Commissioner] or any presiding officer or is or are in any way tampered with, or is or either accidentally or intentionally destroyed or lost, the election to which such ballot box or boxes relate shall be void, but only in respect of the polling at the polling station or stations at which such ballot box or boxes was or were used and no further. (2) Whenever the polling at any polling station or stations shall become void under sub-section (1), 3[the State Election Commissioner] shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, appoint a day for the taking for fresh poll in such or every such polling station and fix the hours during which the poll will be taken and shall not count the votes cast at such election until such fresh poll shall have been completed. (3) The notice of the polling station and the date and hours fixed under sub-section (2) shall be published by 4[the State Election Commissioner] in the Official Gazette and in all local newspapers atleast three days before the date of the fresh poll.] 5[29. 6[State Government] may make rules for the conduct of elections.— 7[Subject to the provisions of this Act 8[the State Government may, in consultation with the State Election Commissioner], make rules for the conduct of elections, and in particular providing— 9[* * * * * * *] (a) for the appointment of polling stations for each ward; (b) for the appointment of 10[presiding officers and polling officers] and other persons to assist at the poll and for the remuneration of such 11[presiding officers and polling officers] and other persons for their services; (c) for the hours during which polling stations shall be open for the recording of votes; (d) for the printing and for the issue of voting papers; (e) for the checking of voters by reference to the 12[municipal election] roll; 13[(ee) with a view to preventing personation, for the making with indelible ink of the left fore-finger or any other finger of every voter applying for a ballot paper including the provision for the withdrawal of the issue of a ballot paper to any voter who refuses to allow indelible ink mark to be put on his left fore-finger or any other finger or who has been found to have such indeliable ink mark on his left fore-finger or any other finger;] (f) for the manner in which votes are to be given and in particular for the case of illiterate voters or of voters under physical or other disability; 1 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 26(c). 2 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. 3 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. 4 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. 5 This new section 29 was inserted by Bom. 1 of 1925, s. 9. The original section 29 was repealed by Bom. 6 of 1922. 6 These words were substituted for the words “The Corporation” by Mah. 41 of 1994, s. 28(c). 7 Section 29(1) was renumbered as section 29 by Bom. 24 of 1936, s. 2, Sch. 8 These words were substituted for the words “the Corporation shall, with the sanction of the State Government” by Mah. 41 of 1994, s. 28(a). 9 Clause (aa) was deleted by Mah. 20 of 1980, s. 5. 10 These words were substituted for the words “Polling Officers” by Bom. 54 of 1955, s. 6(1). 11 These words were substituted for the words “Polling Officers” by Bom. 54 of 1955, s. 6(1). 12 The words “municipal election” were substituted for the word “electoral” by Bom. 1 of 1946, s. 13, read with Bom. 8 of 1948, s. 4. 13 This clause was inserted by Bom. 54 of 1955, s. 6(2). 80 The Mumbai Municipal Corporation Act [1888 : III (g) for the procedure to be followed in respect of challenged votes, or tender of votes by persons representing themselves to be electors, after other persons have voted as such electors; (h) for the security of votes; (i) for the safe custody of ballot papers and other election papers, for the period for which such papers shall be preserved and for the inspection and production of such papers; and may make such other rules regarding the conduct of the elections as it thinks fit.] 1[Provided that, any such rules may provide for charging of fees for any of the purposes of the election.]