Section 28

Amendment status not verified — confirm the current text below against the official source.

Prohibition of public meeting on the day preceding the election day and on the election day.- (1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hours 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 fine which may extend to two hundred and fifty rupees. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 186 *29. Disturbances at election meetings.- (1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees. (2) This section applies to any public meeting of a political character held in any ward between the date of the issue of notification calling upon the ward to elect a member and the date on which such election is held. (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant. *30. Restrictions on the printing of pamphlets, posters, etc. --- (1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster.- (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the documents, where it is printed in the Puducherry region to the election authority; and in any other region to such authority as may be prescribed. (3) For the purposes of this section.- * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 187 (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and (b) “election pamphlet or poster” means any printed pamphlet, hand- bill or other document distributed for the purposes of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) 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. *31. Officers etc., at elections not to act for candidates or influence voting. – (1) No person who is a returning officer, or an assistant returning officer, or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavor.- (a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both. (4) An offence punishable under sub-section (3) shall be cognizable. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 188 *32. Prohibition of canvassing in or near polling stations.- (1) No person shall, on the date or dates, on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely.- (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable. *33. Penalty for disorderly conduct in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station.- (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker; or (b) shout, or otherwise act in a disorderly manner within or at the entrance of the polling station or in any public or private places in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 189 (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub- section (1) and may seize any apparatus used for such contravention. *34. Penalty for misconduct at the polling station.- (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term, which may extend to three months, or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable. *35. Penalty for illegal hiring or procuring of conveyances at elections.- If any person is guilty of any such corrupt practice as is specified in clause (6) of section 25 at or in connection with an election, he shall be punishable with fine which may extend to one thousand rupees. *36. Breaches of official duty in connection with election.- (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. (2) An offence punishable under sub-section (1) shall be cognizable. (3) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 190 (4) The persons to whom this section applies are the returning officers, assistant returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression “official duty” shall, for the purposes of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act. *37. Penalty for municipal and Government servants, etc., for acting as election agent, polling agent or counting agent.- If any person in the service of the Central Government or of any State Government or of a local authority or of any institution or class of institutions notified by the Government in this behalf, acts as an election agent or a polling agent or a counting agent of candidate at an election, he shall be punishable with imprisonment for a term which may extend to three moths, or with fine, or with both. *38. Removal of ballot papers from polling stations to be an offence.- (1) Any person who at any election fraudulently takes or attempts to take, a ballot paper out of a polling station, or wilfully 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 searched, 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. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 191 *39. 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 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 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 authorised 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 wilfully 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. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 192 (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. (4) An offence punishable under sub-section (2) shall be cognizable. *40. Prosecution regarding certain election offences.- No court shall take cognizance of any offence punishable under section 31 or under section 36 or under clause (a) of sub-section (2) of section 39 except on a complaint in writing made by order of, or under authority from, the Government. (e) Requisitioning of property for election purposes *41. Requisitioning of premises, vehicles, etc., for election purposes.- (1) If it appears to the Government or to an officer authorised by it (which Government or the officer is hereinafter referred to as the requisitioning authority) that in connection with an election under this Act.- (a) any premises other than residential buildings actually occupied are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll have been taken; or (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may, by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with such requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used for a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 193 (2) The requisition shall be effected by and order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner specified for the service of a notice under section 467 on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this section.- (a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. *42. Payment of compensation.- (1) Whenever in pursuance of section 41 the requisitioning authority requisitions any premises, the municipal council shall pay to the persons interested compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following, namely.- (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his place of business, the reasonable expenses, if any, incidental to such change: Provided that where any person interested, being aggrieved by the amount of compensation so determined makes an application to the Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine: * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 194 Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation. – In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 41 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 41 the requisitioning authority requisitions any vehicle vessel or animal, there shall be paid by the municipal council to the owner thereof compensation, the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle vessel or animal being aggrieved by the amount on compensation so determined, makes an application to the requisitioning authority within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine: Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide. *43. Power to obtain information.- The requisitioning authority may, with a view to requisitioning any property under section 41 or determining the compensation payable under section 42 by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 195 *44. Power of entry into and inspection of premises etc.- (1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 41 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. (2) In this section, the expressions ‘premises’ and ‘vehicle’ have the same meanings as in section 41. *45. Eviction from requisitioned premises.- (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 41 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or blot or break open any door of any building or do any other act necessary for effecting such eviction. *46. Release of premises from requisition.-(1) When any premises requisitioned under section 41 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises, and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any right in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to whom possession of any premises requisitioned under section 41 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 196 (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. *47. Penalty for contravention of any order regarding requisitioning. – If any person contravenes any order made under section 41 or section 43, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (f) Dispute regarding elections. *48. Election petition.- (1) No election held under this Act shall be called in question except by an election petition which shall be presented in such manner as may be prescribed. (2) An election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1) of section 56 and section 57 to the tribunal by any candidate at such election or by any person entitled to vote at such election, within thirty days from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidates at the election and the dates of their election are different, the later of those two dates. *49. Parties to the petition.- A petitioner shall join as respondents to his petition.- (a) where the petitioner claims a declaration under clause (b) of section 51 all the contesting candidates other than the petitioner and in any other case all the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 197 *50. Contents of the petition.- (1) An election petition.- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by a affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. *51. Relief that may be claimed by the petitioner.- A petitioner may claim all or any of the following declarations, namely.- (a) that the election of all or any of the returned candidates is void; or (b) that the election of all or any of the returned candidates is void and that he himself or any other candidate has been duly elected; (c) that the election as a whole is void. *52. Election tribunal.- The Government shall appoint, by notification, any member of the judicial service not below the rank of the Subordinate Judge as an election tribunal for the trail of petitions in respect of an election under this Act. The tribunal shall deal with such petitions and proceedings in connection therewith in the prescribed manner. * The section came into force on the 12th day of September 1974 vide Extraordinary Gazette No.122 dated 12th September 1974. 198 *53. Powers of the tribunal.- The tribunal shall have all the powers which are vested in a court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit in respect of the following matters, namely .- (a) discovery and inspection; (b) enforcing the attendance of witnesses and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witnesses on oath; (e) granting adjournments; (f) reception of evidence taken on affidavit; and (g) issuing commissions for the examination of the witnesses, and may summon and examine suo motu any person whose evidence appears to it to be material, and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure 1898** (Central Act 5 of 1898).