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Section 41: Challenging of identity

maharashtra cooparative society (committee election 2014) rule 2014State Rules of Maharashtra · 1986

(1) Any Polling Agent may challenge the identity of a person claiming to be a particular voter by depositing a sum of Rs. 50 in cash with the Presiding Officer for each such challenge.

(2) On such deposit being made, by that person, the Presiding Officer shall—

(a) warn the person challenged of the penalty for personation;

(b) read the relevant entry in the list of voters in full and ask him whether he is the person referred to in that entry;

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(c) enter his name and address in the list of challenged voters in FORM ‘E-11’, and

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

(3) The Presiding Officer shall, thereafter, hold a summary inquiry into the allegations 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 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 any other person offering to give evidence.

(4) If, after the enquiry, 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 deposit made under sub-rule (1) be forfeited to the Election Fund and in the other case, he shall return it to the challenger at the conclusion of the inquiry.

Where this provision sits

Actmaharashtra cooparative society (committee election 2014) rule 2014
Section41
Marginal noteChallenging of identity
JurisdictionState of Maharashtra
StatusIn force as published by the source

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