Section 73 in The Bihar Municipal Election Rules, 2007
73. Challenged votes.
(1)If any candidate, election agent or polling agent declares and undertakes to prove that any person by applying for a ballot paper and claiming to be a particular voter has committed the offence of personation, the Presiding Officer shall require such person to enter in the list of Challenged Votes, which shall be in Form - 20, 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:Provided that no action shall be taken by the Presiding Officer under this sub-rule unless a sum of five rupees has been deposited in cash with the Presiding Officer by the candidate or such agent for each challenge, he makes.(2)If the person so challenged refuses to comply with such requisition, he shall not be permitted to vote; but if such person so complies and on being questioned in the manner provided in Rule - 69, gives answer to the first question in the affirmative and to the other question in the negative, he shall be allowed to vote after he has been warned of the penalty for personation.(3)If the Presiding Officer, after such inquiry on the spot as he thinks necessary is of 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, he shall direct the deposit made under sub-rule (1) to be forfeited to the municipality and his order in this respect shall be final.(4)If 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 circumstance in the list of challenged votes.
