Removal of electronic voting machine from polling station to be an offence

(1) Any person who at any election fraudulently takes or attempts to take a electronic voting machine out of a polling station or willfully 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 Rs. 500, 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 women to be searched, the search shall be made by another woman with strict regard to decency. (3) Any electronic voting machine 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. Explanation: In this Chapter, any reference to electronic voting machine shall also be construed as reference to ballot paper/ballot box wherever the State Election Commission conducts election through ballot paper/ballot box. (4) The Deputy Mayor shall discharge such functions of the Mayor as may be delegated to him by the Mayor.