(1) Any person who at any election fraui!uh~tly takes, or attempts to take, ballot papers a I~allot paper out of a polling station, or wilfully aids or abets the d oing of any such from 'polling nct, shall be punished nit11 imprisonment for a term which may extend to one y a r or statiofi to be with fine which may extend to five nul~clred rupees or with both. an offence,
(2) If the presictinp officer of a polling statiol- has reason to believe that any rerson is committing or has comn~itted. an offence pwiishable under sub-section (I), such officer mo y. before such person leaves the polling s!ation. arrest or d irecta polict oKcer to arrest such person and lnav search such per so^^ or muse him to be searched by a police office1 :
Provided that when i t is necessary to cause a wonlan to bn search-~~l me search rCall b made by another wnmnn with strict regard to ciea:ncy.
. ;
i '52 TAMIL NADU GcTveRNMENT GAZETTE EXTUORDLMABY ,-a. . .. - : -- --- : (3) Any ballot paper found upon the person arrested on solrch shall be handed over for safe custody to a police officer by the presiding oqcerby, or when the search is made by a police officcr shall be kept by such ofticer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizabIe0 Othen offence 26. (1) No person at an election shall&, and ~enaltlcs,
(a) fraudulently deface or destroy any nomination paper; or I (b) fraudulent.1~ deface, destroy or remove any list, notice or other document - affixed by or under the authority of a returning officer; or*
(c) fraudulently deface or destroy any ballot paper or the official mark OD any ballot paper ; or
(d) without due authority supply any baliot paper to any person or receive any ballot paper from any person or be in possession of any ballot paper; or
(e) fraudulently put into any ballot box anything other than the bdlot papt r which he is authorised by law to put in ; or ii ( f ) without due authority destroy, take, open or otherwise inFerfere witb sny ballot box or ballot papers then in use for the purposes of the electlon ; or
(g) rA,:d~leiltly or without due authority, as the case may be, attempt to do a*., of the foregoing acts or wilfully aid or abet the doing of any such acts.
(2) Any ?erson who contravenes the provisions of sub-section (1) shall-
(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in I connection with the election, be punished with imprisonment for a term which may I extend to two years or with fine or with both ;
I
(b) if he is any other person, be punished 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 responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otberwise than by or under this Act.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
'Prosecution ' " ' ' 27. No court shall take cognizance of any offence punishable under section 19 ~egarding or under section 21. or under clause (a) of sub-section (2) of section 26 except on a certain election complaint in writing, by order of or under authority from the Government.
offences.
Requisitioning 28. The Tamil Nadu State Election Commission or any officer duly authorised of buildings, by the Tainil Nadu State Election Commission in this behalf may, in additioo vehiclas, ctcle to thc building belonging to the Central or State Government or the local I'orcJection ' bodies or educational institutions, requisition on such buiIdings,or vehicles at such purposes. rates as it dcenis fit for the purposs of conducti~g tbe elections.
- - - .
-- -- - -. _ _ - -- ---------- _ _ TAMIL. NADU GOVERNMENT GAZETTE EXTRAORDI.&A RY - 53 - -- - -
29. The following shall be deemed to be corrupt practices in relation to an election Corrupt to a municipality for the purposes of this Act :- practices.
(1) "bribery" as defined in cluase (1) of section 123 of the Representation of f 1951. the People Act, 1951.
(2) "undue influence" as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, commurity or religion or the use of or appeal, to religious symbols or the use oCor appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's elect ion.
(4) The publication by a candidate or his agelit or by any other person of any statement of fact which is false and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, l or in relation to the caneidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice tile prospects of that candidate's election.
(5) The hiling or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of an1 elector (other than the candidate himself and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act :
Provided that the hiring of a vehicle or vessel by an clec or or by several electors at their costs for the purpose of conveying him or then1 to or from any such poIIing station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired i ; a vehicl: ~r . *q~r .1 not propelled by nechanical power:
Provided further that the use of acy public transport vehicle or vessel or railway carriage by an elector ac his own cost for the purpose of going to or coming from any such polling station sh:ill not be deelned to be a corrupt practice under this clause.
Explanation.-In tllis clause, the expression "vehicle" means any vehicle used of capable of being used for the purpose of road transport whether propelled b9 mechanical power or ~other:rise and whether used for drawing other vehicles O t otherwise.
(6) The holding of asy election meeting in which intoxicating liquors are served.
(7) The issuing of any circular, placard or poster having a reference to electior? , which does not bear the name and address of the printer and ~ublisher thereof.
(8) The &ion of the candidate in havin; incurred the election expendi- L,lrc more than the ceiling prescribed by the Tamil Nadr\ State Election Commission. - (9; Any other practice which the Governme~~t may, by ml@, spedfy to be a corrupt practice.
DISPUTES REGARDING ELECTIONS@