section 41
(1) Any persons who, at any election, fraudulently takes or attempts to take a ballot
The Gujarat Panchayats Act, 1993Part III DISTRICT PANCHAYATS
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.
- (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.
- (4) An offence punishable under sub-section (1) shall be cognizable.
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