Law: Electoral College Act (IV of 1964)

Section: 34,34(1)

Law: National and Provincial Assemblies (Elections) Act, (VII of 1964)

Section: 27(1)

(a) Electoral College Act (IV of 1964)-----   -----S. 34-Expressly mandatory admitting of no exception-Words "interrupted or obstructed "Provision covers any "interruption or obstruction" whether permanent or temporary subject to only overriding condition that interruption or obstruction is "for reasons beyond control of Presiding Officer such condition being satisfied, presiding Officer left will no option except to stop poll and inform Returning Officer.   Section 43, Electoral College Act, 1964 is unqualified in its terms and would cover any interruption or obstruction whether temporary or otherwise subject, however, to the only overriding condition that such interruption or obstruction is "for reasons beyond the control of the Presiding Officer-"Once this condition is satisfied, as in this case, the Presiding Officer is left with no option except to stop the poll and to inform the Returning Officer who in turn is bound to arrange for fresh poll in consultation with the Chief Election Commissioner. The provisions are expressly mandatory and admit of no exception that the poll need not be stopped, if the interruption or obstruction is temporary albiet "for reasons beyond the control of the Presiding Officer." The language of section 34 is not in any manner ambiguous nor does its literal construction lead to any absurd results. Rather the peremptory provisions of the section are significant of the anxiety of the Legislature to ensure that the election to the Electoral College are conducted in perfectly calm and orderly manner so that the electors are allowed to exercise their right of vote without any fear or pressure. Again, election to the Electoral College is to be held on the basis of adult suffrage and a Presiding Officer supervising such election at a remote place in the country side, may find the situation slipping out of his control and adequate police help may not be readily forthcoming to restore calm atmosphere. Therefore, the Legislature in its wisdom has ordained that any obstruction or interruption in the poll "for reasons beyond the control of the Presiding Officer" would without…