(1) No person who is a returning officer or a presiding officer or a polling officer at any election or any 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 a voter) 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 endeavour,-
(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.
Penalty for misconduct at polling station.
(3) Any person who contravene the provisions of sub-section ( 1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
(4) An offence punishable under sub-section(2) shall be cognizable.
Maintenance of secrecy of voting.
Officer etc. at elections not to act for candidate or influence voting.
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128. (I) 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 on conviction, be punished with fine which may extend to five hundred rupees.
(2) An offence under sub-section (1 )shall be cognizable.
(3) No suit of other legal proceeding shall lie against any such person for damages in respect of such act or omission as aforesaid.
( 4) The person to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt or nominations or withdrawal of candidatures or the recording or counting of votes at an election ; and the expression "official duty" shall for the purpose of this section be construed accordingly, but shall not include duties imposed· otherwise than by or under this Act.
129. (I) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine 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 subsection (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.