CO882-10 — Page 492

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Expenses of Elections.

Corrupt praction.

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for the constituency concerned, as the case may require, in accordance with such certificate.

(3) Such Judge shall have the same powers, jurisdiction and authority as are possessed and exercised by a District Judge for summoning or compelling the attendance of witnesses at the trial of an election petition, and witnesses shall be sworn or affirmed in the same manner, as near as circumstances will admit, as in the trial of a civil action in a District Court, and shall be subject to the same penalties for the giving of false evidence.

(4) No voter who has voted at any election shall, in any proceed- ing to question the election be required to state for whom he hea voted.

(5) The Governor in Executive Council may make rules providing (a) For the deposit or giving by a petitioner of security to an amount not exceeding Rs. 5,000, for the payment of all 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 incurred or paid, whether before, during or after an election,

expenses that may

be 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 Article 37 and of made thereunder shall, subject to the terms of any rules made under any rules 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.

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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 means any of the following offence, viz.; treating, undue influence, as used in this Order bribery and personation, as hereinafter set forth.

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(3) A corrupt practice shall be deemed to be committed by 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 Non-compliance with the rules contained in Schedule II to this Order if it appears with rules in that the election was conducted in accordance with the principles Schedule II. laid down in such rules, or that such non-compliance did not affect the result of the election.

XLI. (1) Every person who-

Offences in re.

tion papers, etc.

(a) forges or fraudulently defaces or fraudulently destroys spect of nomina- any nomination paper or delivers to the returning officer any nomination paper knowing the same to be forged; or

(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 puts into 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 then 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 stated 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 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 infor- mation 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 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.

RECORD OFFICE

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Reference --

C.O. 882/10

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHONOGRAPHIC COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON)