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State of Goa - Section

Section 40 in The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996

40. Challenged Votes.

(1)Where any candidate, election agent or polling agent challenges a voter's identity and undertakes to prove that any person claiming to be a particular voter has committed the offence of personation, the Presiding Officer shall hold summary enquiry and require such person to enter in the list of challenged voters in Form No. 7 his name and address or, if he is unable to write, to affix his thumb impression thereto, and may further require such person to produce evidence of identification:Provided that no action shall be taken by the Presiding Officer under this sub-rule unless a sum of rupees ten has been deposited in cash with the Presiding Officer by the candidate or such agent for each challenge he makes.
(2)Where the person so challenged refuses to comply with such requisition, he shall not be permitted to vote. But if such person does so comply and on being questioned gives unqualified answer in the affirmative to a question put to him whether he is the person named in the list and in the negative to a question whether he has voted at the said election in the ward or in any ward, he shall be allowed to vote after he has been warned of the penalty for personation.
(3)Where the Presiding Officer, after such enquiry on the spot as he thinks necessary, is of the opinion that the challenge made by the candidate or his agent under sub-rule (1) is frivolous and has not been made in good faith, shall direct the deposit made under sub-rule (1) to be forfeited to the Government and his order in this respect shall be final.
(4)Where the deposit made under sub-rule (1) is not forfeited under sub-rule (3), it shall be returned to the person by whom it was made after the close of the poll on the day on which it is made.
(5)The Presiding Officer shall in every case, whether or not the person challenged is allowed to vote, make a note of the circumstances in the list of challenged votes.