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Section 58: Challenging of identity

The H.P. Panchayati Raj (Election) Rules, 1994-(English version)State Rules of Himachal Pradesh · 1994

(1) Any candidate or election agent or polling agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of two hundred rupees in each with the Presiding Officer for such challenge.

(2) On such deposit being made the Presiding Officer shall-

(a) warn the person` challenged of the penalty for impersonation;

(b) read the relevant entry in. the electoral roll 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-30; and

(d) require him to affix his signature in the said list.

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(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 questions necessary 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 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 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 State Government and in any other case he shall return it to the challenger at the conclusion of the inquiry.

Where this provision sits

ActThe H.P. Panchayati Raj (Election) Rules, 1994-(English version)
Section58
Marginal noteChallenging of identity
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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