Section 58A of The Representation of the People Act, 1951
Adjournment of poll or countermanding of election on the ground of booth capturing.
1[Adjournment of poll or countermanding of election on the ground of booth caputring.—(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
- (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 Election Commission.
- (2)The Election Commission shall, on the 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 in that constituency. Explanation.—In this section, "booth capturing" shall have the same meaning as in section 135A.]
Summary
- If a group forcefully takes over a polling station, which is called booth capturing, the official must report it immediately.
- This rule also covers situations where booth capturing happens at the location where votes are being counted.
- The Election Commission can cancel the voting at that station and order a fresh poll to be held.
- If booth capturing happened at many stations and likely changed the final winner, the Commission can cancel the entire election for that constituency.
- The term used for cancelling the whole election in that area is countermanding.
- The definition of booth capturing used here is the same one found in section 135A of the Act.
Practical examples
FAQ
1. What is "booth capturing" under Section 58A of the Representation of the People Act, 1951?
Under Section 58A of the Representation of the People Act, 1951, booth capturing refers to the forceful takeover of a polling station or counting place, as defined in section 135A.
2. Can the Election Commission cancel an entire election under Section 58A of the Representation of the People Act, 1951?
Yes, if the Election Commission is satisfied that booth capturing has affected the result of the election across many places, it can countermand (cancel) the election in that constituency.
3. What is the difference between Section 58 and Section 58A of the Representation of the People Act, 1951?
Section 58 deals with mechanical failures or accidental damage to boxes, while Section 58A specifically targets "booth capturing" and allows for the total cancellation of the election in a constituency.
4. Does Section 58A of the Representation of the People Act, 1951, apply to counting centers?
Yes, Section 58A of the Representation of the People Act, 1951, applies if booth capturing takes place in any place for counting of votes such that the result cannot be found.
Test yourself
1.Under Section 58A of The Representation of the People Act, 1951, what can the Election Commission do if booth capturing happens at a large number of stations?
2.Where can booth capturing occur to trigger a report under Section 58A of The Representation of the People Act, 1951?
3.How does Section 58A of the Representation of the People Act, 1951, define "booth capturing"?
4.If the Election Commission decides a poll is void due to booth capturing under Section 58A of The Representation of the People Act, 1951, what is the next step?