(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) 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
(d) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or
(f) 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 a polling 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) it he is any other person, be punishable 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 7/14/2020 M.P. Local Authorities (Electoral Offences) Act, 1964 www.bareactslive.com/MP/MP393.HTM 6/8 responsible after an election for the used ballot papers and other documents in connection with such election.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
[12. Prosecution regarding certain offences. - (1) If the principal officer of a local authority has reasons to believe that any offence punishable under Section 5 or under clause (a) of sub-section (2) of Section 11 has been committed in reference to any election, it shall be the duty of such officer to send a report in that behalf forthwith to the Collector within whose local jurisdiction the local authority situate.
(2) If on receipt of such report or otherwise the Collector is satisfied that an offence to which subsection (1) applies has been committed within his jurisdiction, he shall cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.
(3) No Court shall take cognizance of any offence punishable under Section 5 or under clause (a) of sub-section (2) of Section 11 unless there is a complaint made by order of, or under the authority from, the Collector concerned.]