India’s Election Law Framework: Handling Polling Disruptions for Fair and Transparent Elections

• an unauthorized person has unlawfully taken away any EVM
• any EVM has been accidentally or intentionally destroyed, or lost, or damaged, or tampered with
• a mechanical failure develops in any EVM during the recording of votes.

• The Returning Officer (RO) immediately informs the EC and the Chief Electoral Officer of the state about the relevant facts and material circumstances, after considering which, the EC can declare the poll void and formally fix the date and time for a new poll.
• The contesting candidates or their election agents are then informed, in writing. 
• A notice is also posted in public places along with an announcement by the beat of the drum in the polling area to inform the voters. 
• All electors will be allowed to vote at the fresh poll. 
• During the repoll, the voters’ left middle fingers are inked to distinguish between the mark made during the original poll (on their left forefinger).

• seizure of a polling station, affecting the conduct of elections;
• taking possession of a polling station, allowing only his or their supporters to vote;
• intimidating or threatening any elector and preventing him from going to the polling station
• seizure of a counting place affecting the counting of votes
• involvement of any person in government service in any of the above activities.

Booth capturing is punishable for a term of not less than one year, which may extend to three years for lay people, and not less than three years, extending to five years for government servants.

• Under Section 58A, in case booth capturing has taken place at a polling Station, the Presiding Officer of a polling station immediately closes the Control Unit of EVM and detaches the Ballot Unit(s) from the Control Unit under Rule 49X of the Conduct of Election Rules, 1961.
• He then informs the RO, who reports the full facts to the EC through the fastest means of communication. 
• The EC, based on the material facts, may
• declare the poll at that polling station to be void and direct a fresh poll on a new date.
• countermand the election in the constituency in case booth capturing has taken place in a large number of polling stations, or if it has affected the counting of votes.

• a natural calamity like a flood, a severe storm.
• non-receipt or loss or damage to essential polling materials like EVM, electoral roll etc;
• interruption or obstruction due to any riot or, open violence;
• non-arrival of the polling party due to obstruction or any other serious difficulty.
• non-commencement of the poll within two hours from the scheduled time due to malfunctioning of EVM, or any other reason.

• Contesting candidates or their agents are informed, and only electors who have not already voted before the poll was adjourned are permitted to vote.

• The RO reports the fact to the EC and orders the adjournment of the poll to a date to be notified later by the EC.
• The EC then calls upon the concerned political party to nominate another candidate.