(1)Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of rupees two in cash with the presiding officer for each such challenge.
(2) On such deposit being made, the presiding officer shall –
(a) Warn the person challenged of the penalty for the impersonation;
(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry;
(c) enter his name and address in the list of challenged votes in Form – 16 ;
(d) require him to affix his signature, or left thumb impression in the said list.
(3) The presiding officer shall thereafter hold a summary inquiry into the challenge and may for that purpose –
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity ;
(b) put to the person challenged any question for the purpose of establishing his identity and require him to answer them on oath ; and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(4) If, after the inquiry, the presiding officer considers that the challenge has not been established, he shall allow the person challenged to vote and if he considers that the challenge has been established, he shall debar the person challenged from voting.
(5) If, the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Panchayat Fund, and in any other case, he shall return it to the challenger at the conclusion of the inquiry.
64. Safeguard against impersonation : (1) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer or polling officer and an indelible ink mark to be put on it.
(2) If any elector – SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -23
(a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark; or
(b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 60 he shall not be supplied with any ballot paper or allow to vote.
(3) Where a poll is taken simultaneously in a Gram Panchayat ward and the District Panchayat ward, an elector whose left forefinger has been marked with indelible ink or who has produced his identity card at one such election shall, notwithstanding anything contained in sub-rules (1) and (2), be supplied with a ballot paper for the other election.
(4) Any reference in this rule to the left forefinger of an elector shall in the case where the elector has his left forefinger missing, be considered as a reference to any other finger of his left hand, and shall in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger of any other fingers of his right hand and shall in the case where all his fingers of both the hands are missing, be construed as reference to such extremity of his left or right arm as he possesses.
65. Issue of ballot papers to electors: (1) Every ballot paper before it is issued to an elector and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.
(2) At the time of issuing a ballot paper to an elector, the polling officer shall-
(a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;
(b) obtain the signature or thumb impression of that elector on the said counterfoil; and
(c) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector:
Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper.
(3) It shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the counterfoil.
(4) No person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.
66. Maintenance of secrecy of voting by electors within the polling station and voting compartment :(1) Every elector to whom a ballot paper has been issued under rule 64 shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) The elector on receiving the ballot paper shall forthwith –
(a) proceed to one of the voting compartment;
(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(c) fold the ballot paper so as to conceal his vote;
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(d) if required, show to the presiding officer the distinguishing mark on the ballot paper;
(e) insert the folded ballot paper into the ballot box; and
(f) quit the polling station.
(3) Every elector shall vote without undue delay.
(4) No elector shall be allowed to enter a voting compartment when another elector is inside it.
(5) If an elector to whom a ballot paper has been issued refuses, after warning given by the presiding officer to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote therein or not, be taken back from him by the presiding officer or by polling officer under the direction of the presiding officer.
(6) After the ballot paper has been taken back, the presiding officer shall record on its back the words “cancelled: voting procedure violated” and put his signature below those words.
(7) All the ballot papers on which the words “cancelled: voting procedure violated” are recorded, shall be kept in a separate cover which shall bear on its face the words “ballot papers, voting procedure violated”.
(8) Without prejudice to any other penalty to which an elector from whom a ballot paper has been taken back under sub-rule (5) may be liable, the vote, if any, recorded on such ballot paper shall not be counted.