Section 51 in The Orissa Municipal Delimitation of Wards, Reservation of Seats and Conduct of Election Rules, 1994
51. Challenged ballot paper.
(1)If any candidate or polling agent, declares and undertakes to prove that any person by applying for a ballot paper has committed the offence of personation, [the Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall call upon the candidate or agent bringing forward the charge of personation to deposit with him a sum of rupees twenty in cash. A separate deposit [of a sum of rupees twenty in cash] [Inserted vide O.G.E. No. 1106 dated 7.6.2008.] shall be required for proceeding with each charge of personation, if, such deposit is not made [the Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall ignore the challenge. Such deposits shall be credited to such funds as may be directed by the Election Commission.(2)Immediately after the deposit required by Sub-rule (1) has been made [The Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall obtain a written statement in Form XV which shall be signed by the candidate or agent, as the case may be, and attested by two credible witnesses in the presence of [the Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.],(3)[The Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall then require the applicant for the ballot paper to write in the list of challenged votes (which shall be in Form XVI) his name and address or if he is unable to write affix his thumb impression thereto and may further require such person to produce evidence of identification.(4)If the applicant for the ballot paper on being questioned in Rule 48 given unqualified answers to the first question in the affirmative and to the second in the negative he shall be allowed to cast his vote after he has been informed of the penalty for personation. [The Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall make a note of the circumstances and of his decision on the list of challenged votes.(5)[The Presiding Officer] [Substituted vide O.G.E. No. 1106 dated 7.6.2008.] shall at the close of the poll forward to the Election Officer the statement mentioned in Sub-rule (2) enclosed in the packet containing the list of challenged votes, if any.(6)The Election Officer, after instituting such inquiries as may be necessary, shall take steps to prosecute the persons or person whom he believes to be guilty of the offence of personation. If it is found as a result of the Judicial trial that the offence of personation has not been proved the Election Officer shall decide whether the whole or part of the deposit shall be declared forfeited and the amount so forfeited shall be credited to such funds as may be directed by the Election Commission in coming to a decision on this point the Election Officer shall be guided by the fact and conclusions recorded at the trial. The deposit or such portion thereof as has not been declared forfeited shall be returned to the person who made the deposit.
