(After stating the fact and some evidence His Lordship proceeded): In connection with the order of the Elcetion Commisioner ordering a repoll confined to one polling station, the argument of Mr. Dhabe is that such an action is not warranted by the provisions of the Representation of the People Act. According to Mr Dhabe, in view of the defect that was brought tot henotice of the polling officer as well as the Returning Officer and to The Election Commission the entire electin to the Parlimentary seats in the constitutency should have been set aside nd a fresh election held. Under S. 57 of the Act, provision is made for the adjournment of poll at an election in certain emergencies. It is not disputed that S. 57 would not apply to the fact of this case. Section 58 provides for a fresh poll being taken and it runs as follows:

""(1) If at any election, any ballto box used at a polling statin or at a place fixed for ht epoll is unlawfully taken out of the custody of the presiding officer or at a place fixed for the poll is unlawfully takenout of the custody of the presiding officer or thereturning officer,or is in any way tampered with,or is accidentallyor intentionall;y destroy