(9)Booth-capturing by a candidate or his agent or other person acting with the consent of the candidate or his election agent,Explanation I. - In this section the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.Explanation II. - For the purposes of clause (8), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent of that candidate.Explanation III. - For the purposes of clause (8), notwithstanding anything contained in any other law, the publication in the Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government or of a local authority shall be conclusive proof-(i)of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and(ii)where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.Explanation IV. - For the purposes of clause (9), "booth-capturing" shall have the same meaning as in section 161.
