The District Election Officer stated that if, for any reason, the presiding officer believes that someone has removed or taken the ballot paper or EVM outside the polling station, they can arrest that person or instruct a police officer to arrest them or search for them. Under Section 135 of the Representation of the People Act, 1951, the individual could face imprisonment for up to one year, a fine, or both.
District Election Officer and DC Nishant Kumar Yadav stated that for the 2024 State Assembly General Elections, polling teams will depart for polling stations on October 4th. If any anti-social elements or political parties, through their influence, disrupt the duties of the polling teams, strict action will be taken against them as per the rules.
If any individual behaves improperly inside the polling station or disobeys the presiding officer’s orders, they can be removed from the polling station by the police personnel on duty. If the person re-enters the polling station without the presiding officer’s permission, they can be arrested. Under Section 132 of the Representation of the People Act, 1951, legal action will be taken against them, and they could face up to 3 months of imprisonment, a fine, or both.
Carrying a weapon inside the polling station can result in a punishment of up to 2 years of imprisonment. The official explained that if anyone, other than the Returning Officer, Presiding Officer, police officer, or any other person deployed to maintain peace and order inside the polling station, enters the polling station with a weapon, it will be considered a crime. Under Section 134B of the Representation of the People Act, 1951, the individual may face up to 2 years of imprisonment, a fine, or both.
The District Election Officer explained that if, for any reason, the presiding officer suspects that a person has removed or taken the ballot paper or EVM out of the polling station, they can arrest that person or instruct a police officer to do so or order a search. Under Section 135 of the Representation of the People Act, 1951, the individual could face up to one year of imprisonment, a fine, or both.
In case someone fraudulently destroys or defaces the official marks on a ballot paper or EVM, there is a provision for punishment of up to 2 years. The officer further clarified that under Section 136 of the Representation of the People Act, 1951, if any person fraudulently disfigures or destroys a ballot paper, EVM, or the official mark on them with the intent to commit an election-related crime, they can be punished accordingly.
If someone places anything other than a ballot paper in the ballot box or sticks paper, tape, etc., on a symbol or name, there is also a provision for punishment. If this offence is committed by an official or clerk on election duty, they can face up to 2 years of imprisonment, a fine, or both. If this offence is committed by any other person, they can face up to 6 months of imprisonment, a fine, or both.
Additionally, if someone voluntarily causes simple or grievous harm or attacks a government official to prevent them from performing their duties, they can be sentenced to up to 10 years of imprisonment and fined.
