73. Countermanding of election or adjournment of poll on the ground of booth capturing

  1. If at any election –
    1. 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
    2. 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 –
    1. 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
    2. if satisfied that in view of the large number of polling stations or place involved in booth-capturing, the result of the election is likely to be affected, or that boothcapturing 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 137.