Context:
Election Commission of India conducted re-polling for the ongoing Lok Sabha General Elections in various polling stations of Manipur and Arunachal Pradesh.
Re-polling:
- Circumstances under which re-polling is needed (as per Representation of the People Act (RPA), 1951) –
- Section 57 – On account of natural calamity, violence, etc.
- Section 58(2) – Due to damage or destruction of voting machines.
- Section 58A – Countermanding of election on account of Booth capturing.
- Section 52 – On account of death of candidate of recognised political party (National party/State party)
Intentional destruction or taking away of EVMs:
- Declared by the Election Commission under Section 58 of RPA, if –
- An unauthorised 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.
Booth capturing:
- As per Section 135A of the RPA, ECI may declare the poll to be void in case of
- 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.
- Punishment for Booth Capturing –
- Lay people – 1 year to 3 years
- Government servants – 3 years to 5 years
Natural disasters and other disruptions:
- Presiding Officer of a polling station can adjourn the poll at a polling station under Section 57(1) of the RPA, 1951 in case of
- 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 2 hours from the scheduled time due to malfunctioning of EVM, or any other reason.
- After seeking the EC’s approval, the adjourned poll will recommence from the stage at which it was left immediately before the adjournment.
- Only electors who have not already voted before the poll was adjourned are permitted to vote.
Death of a candidate:
- As per Section 52 of RPA, amended in 1996, the poll shall be adjourned only in case of the death of a recognised political party’s candidate.
- The above provision applies if the candidate with a valid nomination dies at any time after 11.00 a.m. on the last date for making nominations, until the commencement of the poll.
- The EC calls upon the concerned political party to nominate another candidate in place of the deceased candidate within 7 days.
Source: The Indian Express
Previous Year Question
Right to vote and to be elected in India is a
[UPSC Civil Service Exam – 2017 Prelims]
(a) Fundamental Right
(b) Natural Right
(c) Constitutional Right
(d) Legal Right
Answer: (c)
