ELECTION OFFENCES

1. (1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred meters of the polling station, namely:
   • (a) canvassing for votes;
   • (b) soliciting the vote of any voter;
   • (c) persuading any voter not to vote at the election;
   • (d) persuading any voter not to vote for any particular candidate;
   • (e) exhibiting any notice or sign (other than an official notice) relating to the election.
2. (2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.
3. (3) An offence punishable under this section shall be cognizable. 36. (1) No person shall, on the date or dates on which a poll is taken at any polling station:
   • (a) use or operate, within or at the entrance of the polling station or in any public or

private place in the neighbourhood thereof, any apparatus for amplifying or reproducing

the human voice, such as a megaphone or a loudspeaker, or Notice. Appeal. Declaration

of a voter to

be a defaulter voter. Valid and sufficient reasons for not voting. Prohibition of canvassing in or near polling station. Penalty for disorderly conduct in or near polling station.

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1. (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the Poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

1. (2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.
2. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
3. (4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention. 37. (1) Any person who during the hour fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by an polling officer on duty or by any person authorised in this behalf by such presiding officer.
4. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
5. (3) If any person who has been so removed from a polling station reenters the polling station without the permission of the presiding officer, he shall, on conviction be punished with fine which may extend to one thousand rupees.
6. (4) An offence punishable under sub-section (3) shall be cognizable. 38. (1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an

election shall maintain and aid in maintaining the secrecy of the voting and shall not

(except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

39. (1) No person who is a returning officer, or a presiding or polling officer at an

election or an officer or clerk appointed by the returning officer or the presiding officer to perfom any duty in connection with an election shall in the conduct of the management

1. (2) No such person as aforesaid, and no member of a police force, shall endeavour-
   • (a) to persuade any person to give his vote at an election, or
   • (b) to dissuade any person from giving his vote at an election, or
   • (c) to influence the voting of any person at an election in any manner.
2. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2)

shall, on conviction, be punished with imprisonment for a term which may extend to six

months or with fine or with both. 40. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to two thousand rupees.

1. (2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. Penalty fo misconduct at polling station. Maintenance of secrecy of voting. Officers, etc. at elections not to act for candidates or influence voting. Breaches of official duty in conection with elections.

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1. (3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with the maintenance of the list of voters, the receipt of nominations or withdrawal of candidatures or the recording

or counting of votes at an election; and the expression “official duty” shall for the

purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

41. (1) Any persons who, at any election, fraudulently takes or attempts to take a ballot

paper out of a polling station or wilfully aids or abets the doing of any such act, shall, on

conviction, be punished with imprisonment for a term which may extend to one year or

with fine which may extend to two thousand rupees or with both.

1. (2) If the presiding officer of a polling station has reason to believe that any person

is committing or has committed an offence punishable under sub-section (1), such officer

may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3 ) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

1. (4) An offence punishable under sub-section (1) shall be cognizable.

42. (1) A person shall be guilty of an offence, if, at any election he--

1. (a) fradulently defaces or fraudulently 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 a returning officer; or
3. (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or
4. (d) without due authority supplies any ballot paper to any person; or
5. (e) fraudulently puts into any ballot box anything other than the ballot paper which

he is authorised by law to put in ; or

1. (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
2. (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.

1. (2) Any person guilty of an offence under this section shall,-
   • (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction,

1. (b) if he is any other person, on conviction be punished with imprisonment for a term which may extend to six months or with fine or with both.

1. (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 an 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, but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act.
2. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. Removal of ballot papers from polling station to be offence. Other offences and penalties therefor.

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