Amendment status not verified — confirm the current text below against the official source.
Other offences and penalties therefor.—(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 1[or voting machine] 1 or the official mark on any ballot paper 1[or voting machine] 1; or 1.Deemed to have been inserted by Act 17 of 2009 w.e.f.28.05.2009. (d) without due authority supplies any ballot paper to any person or receives any ballot paper 1[or voting machine] 1 from any person or is in possession of any ballot paper 1[or voting machine] 1; or 1.Deemed to have been inserted by Act 17 of 2009 w.e.f.28.05.2009. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers 1[or voting machine] 1 then in use for the purposes of the election; or 1.Deemed to have been inserted by Act 17 of 2009 w.e.f.28.05.2009. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. 1.Deemed to have been inserted by Act 17 of 2009 w.e.f.28.05.2009. (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 52 with the election, be punished 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 punished 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 1[or voting machine]1and 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 in connection with such election. 1.Deemed to have been inserted by Act 17 of 2009 w.e.f.28.05.2009. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. (5) No court shall take cognizance of any offence under section 31 or under section 35 or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the Deputy Commissioner. 1[38. Control of elections.—2[(1) The superintendence, direction and control of the preparation of list of voters for, and the conduct of all elections to the municipal council shall be vested in the State Election Commission.]2