253
}
PUBLIC RECORD OFFICE
Reference :-
ULIC.O.882/11
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
Non-compliance
with provisions
of Order.
盈
Offences in
respect of
nomination
papers, &c.
Infringement of secrecy.
་
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70. No election shall be invalid by reason of a non-compliance with the provisions contained, in this Order relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions, and that such non-compliance did not affect the result of the election.
71.-(1) Every person who-
(a) forges or fraudulently defaces or fraudulently destroys any nomination paper or delivers to the returning officer same to be any nomination paper knowing the forged; or
(b) forges
or
counterfeits or
or fraudulently defaces 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 puts into any ballot box any paper other than the ballot paper which he is authorized 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 then in use for the purposes of the election;
shall be guilty of a summary offence, and be liable on conviction by a police magistrate to a fine not exceeding five hundred rupees or 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 stated to be in the returning officer at such election as well as the property in the counterfoils.
72.-(1) Every officer, clerk, and agent in attendance at a polling station shall maintain, and aid in maintaining the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized 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 elector who has or has not applied for a ballot paper or voted at that station, or 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 information as to the candidate for whom any voter in such station is about to 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 to the number on the back of the ballot 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 information 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,
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so as to make known to any person the name of the candidate for whom or against whose name 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 by a police magistrate, to a fine not exceeding five hundred rupees, or to imprisonment of either description for any term not exceeding six months.
CORRUPT PRACTICES.
73. Any person who at an election held under this Order applies Personation. 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. The offence of personation is a cognizable offence within the meaning of the Criminal Procedure Code, 1898.
74.-(1) Any person who corruptly by himself or by any other Treating. person, either before, during, or after an election, directly or indirectly, gives or provides, or pays wholly or in part the expense of giving or providing any meat, drink, entertainment, or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of the offence of treating, and shall be liable, on summary conviction, to a fine not exceeding five hundred rupees.
(2) Every voter who corruptly accepts or takes any such meat, drink, entertainment, or provision shall also be guilty of the offence of treating.
75. Every person who directly or indirectly, by himself or by Undue influence. any other person, on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any voter, or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election, shall be guilty of the offence of undue influence.
76. The following persons shall be deemed guilty of the offence Bribery. of bribery: A
(a) Every person who directly or indirectly by himself or by any other person, on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure, or to endeavour to procure, any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election under this Order;
(b) Every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure any office, place, or employment to or for any voter or to or for any person on behalf of any voter, or to or for any other person in
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