Title : THE REPRESENTATION OF THE PEOPLE ACT, 1951
Year : 1951
(1) Any person who at any election 3*[unauthorisedly] by takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred 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 search- ed, 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.
2*[135A.Offence of booth capturing.
4*[(1) Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 4*[shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three year but which may extend to five years and with fine.]
Explanation.- For the purposes of 4*[this sub section and section 20(B)] "booth capturing" includes, among other things, all or any of the following activities, namely:-
(a) Seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of election;
(b) Taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and 4*[prevent others from free exercise of their right to vote;]
4*[(c) Coercing or intimidating or threatening directly or indirectly] any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) Seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly Counting of votes;
(e) Doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.] 2* an offence punishable under sub-section (1), shall be cognizable.
135B. 5* Grant of paid holiday to employees on the day of poll.
(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday,
(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.
135C. Liquor not to be sold given or distributed on polling day.
(1) No spirituous, formented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in this possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.]
(1) A person shall be guilty of an electoral offence if at any election he-
(a) Fraudulently defaces or fraudulently destroys any nomination paper ; or
(b) Fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer ; or
(c) Fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
(d) Without due authority supplies any ballot paper to any person 1*[or receives any ballot paper from any person or is in possession of any ballot paper] ; or
(e) Fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(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
(g) Fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.
(2) Any person guilty of an electoral offence under this section shall-
(a) If he is a returning officer or an assistant 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, 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.
(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 3* * *.
2*[(4) An offence punishable under sub-section (2) shall be cog- nizable.]
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.