Section 50 in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
50. 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 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 shall be required for proceeding with each charge or personation. If such deposit is not made, the Presiding Officer 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 shall obtain a written statement in Form XVIII which shall be signed by the candidate or agent, as the case may be, and attested by two credible witness, in presence of the Presiding Officer.(3)The Presiding Officer shall then require the applicant for the ballot paper to write in the list of challenged votes (which shall be in Form XIX) 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 the manner provided in Rule 47 gives unqualified answer 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 shall make a note of the circumstances and of his decision on the list of challenged votes.(5)The Presiding Officer 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] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.], after institution 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 proceedings that the offence of personation has not been proved, the [Election Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] 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] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall be guided by the fact and conclusions recorded at the proceedings. The deposit or such portion thereof as has not been declared forfeited shall be returned to the person who made the deposit.
