Other offences and penalties : ( 1) A person shall be guilty of an electoral offence, if at

any election he-

1. (a) fraudulently defaces, destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or

( c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot

paper or any declaration of identify or official envelope used in connection with

voting by postal ballot ; or

1. (d) without due authority supplies any ballot paper to any person or receives any

1. (f) without due authority destroys, takes, opens or otherwise interferes with any ballot

box or ballot paper then in use for the purpose of the election ; or

TheArunachal Pradesh Extraordinary Gazette, October 1, 2019

1. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
2. (h) violates the Model Code of Conduct issued by the State Election Commission.

1. (2) Any person guilty of an offence under this section shall-
   • (a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or official employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both ;
   • (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
2. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.
3. (4) An offence punishable under sub-section (2) shall be cognizable.
4. (5) No court shall take cognizance of any offence under section 32, or under section 36, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the State Election Commissioner.