Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Telangana - Section

Section 43 in The Telangana Panchayat Raj (Conduct of Elections) Rules, 2018

43. Challenging of Identity.

(1)Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of five rupees in cash with the Presiding Officer for each such challenge.
(2)On such a deposit being made, the Presiding Officer shall:
(a)warn the person challenged, of the penalty for personation;
(b)read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in the entry.
(c)enter his name and address in the list of challenged votes in Form-XXI; and
(d)require him to affix his signature in the said list.
(3)The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that purpose -
(a)require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b)put the person challenged any question necessary for the purpose of establishing his identify and require him to answer them on oath; and
(c)administer an oath to the challenger and any other person offering to give evidence.
(4)If, after the inquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged, to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting and handover him/her to the police for prosecution under relevant law.
(5)If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Government and in any other case he shall return it to the challenger on the conclusion of the inquiry.