458
PUBLIC RECORD OFFICE
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C.O.
Reference :-
882 /10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH--NOT TO
PUBLIC RECORD OFFICE, LONDON
Expenses of Elections.
Corrupt practice.
Non-compliance with rule in Schedule II.
Offences in re. spect of nomina- tion papers, etc.
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costs, charges and expenses that may become payable by the petitioner; and
(b) For the regulation of the practice procedure and costs of election petitions, and the trial thereof, and the certifying and reporting thereon.
(6) The Legislative Council may by law make other or further provision in respect of the matters referred to in this article.
XXXVIII.—(1) The Governor in Executive Council may make
rules:-
(a) With respect to the incurring of expense and the making of payments by or on behalf of a candidate, whether before, during or after an election, on account of or in respect of, the conduct or management of such election;
(b) Requiring the appointment of an election agent through or by whom all such expenses or payments as afore- said shall be incurred or made;
(c) Fixing the maximum amount of expenses that may be incurred or paid, whether before, during or after an election, on account, or in respect of the conduct or management of such election;
(d) Fixing the time within which all election expenses shall be paid and barring all claims in respect thereof not made within the prescribed time;
(e) Requiring a return of election expenses and prescribing the form in which the same shall be made and verified.
(2) Contraventions of such rules shall be deemed illegal practices, and provision may be made in the said rules for the punishment, on summary conviction of persons committing or taking part in the commission of such illegal practices by :-
(a) Fine, not exceeding 300 Rupees: and
(b) Disqualification from voting at any election under this Order and being elected as a Member for three years from the date of his conviction.
(3) An election petition may be presented in respect of any illegal practice declared by such rules to be a ground for the presentation of any such petition, and the provisions of Artiole 37 and of rules made thereunder shall, subject to the terms of any rules made under
any this Article, apply to petitions presented in respect of illegal practices. (4) The Legislative Council may by law make other or further provision in respect of any of the matters referred to in this Article.
XXXIX.--(1) No election shall be valid if any corrupt practice is committed in connection therewith by the candidate elected.
(2) The expression corrupt practice as used in this Order means any of the following offences, viz.; treating, undue influence, bribery and personation, as hereinafter set forth.
(3) A corrupt practice shall be deemed to be committed by a candidate if it is committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election.
XL. No election shall be invalid by reason of a non-compliance with the rules contained in Schedule II to this Order if it appears that the election was conducted in accordance with the principles laid down in such rules, or that such non-compliance did not effect the result of the election.
XLI. (1) Every person who......
(a) forges or fraudulently defaces or fraudulently destroys any nomination paper or delivers to the returning officer any nomination paper knowing the same to be forged; or
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(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or
(c) without due authority supplies any ballot paper to
any person; or
(d) fraudulently putsinto any ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(e) fraudulently takes out of the polling station any ballot
paper; or
(f) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers When in use for the purposes of the election;
shall be guilty of a summary offence, and be liable to imprisonment of either description for any term not exceeding six months.
(2) Any attempt to commit an offence specified in this Article shall be punishable in the manner in which the offence itself is punishable.
(3) In any prosecution for an offence in relation to the nomination papers, ballot boxes, ballot papers, and marking instruments at an election, the property in such papers, boxes, and instruments may be atated to be in the returning officer at such election as well as the property in the counterfoils.
XLII. (1) Every officer, clerk and agent in attendance at Infringement of
a polling station shall maintain, and aid in maintaining, the secrecy Secrecy.
of the voting in such station, and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the register of voters of any electors who has or has not applied for a ballot paper or voted at that station,(as to the official mark.
(2) No such officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote or otherwise attempt to obtain in the polling station infor- mation as to the candidate for whom any voter in such station is about to vote any voter in such station is about te vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any voter in such station is about to vote or has voted, or as toдnumber on the back he of the voting paper given to any voter at such station.
(3) Every officer, clerk and agent in attendance at the counting
of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the back of any ballot paper, or communicate any infor- mation obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.
(4) No person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same, so as to make known to any person the name of the candidate for or against whom he has so marked his vote.
(5) Every person who acts in contravention of the provisions of this Article shall be liable, on summary conviction, to imprisonment
of either description for any term not exceeding six months.
LXIII. Any person who at an election held under this Order Personation. applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation, and shall be liable, on summary conviction, to imprisonment of either description for any term not exceeding six months.
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