Section 42 in The Sikh Gurdwaras Board Election Rules, 1959
42. Challenged votes.
(1)If any candidate or his agent declares and undertakes to prove that any person by applying for a ballot-paper has committed the offence of personation, the polling officer may require such person to state his name and address and shall then enter such name and address in the list of challenged votes in form VII and shall require such person to sign such entry or, if he is unable to write to affix his thumb impression thereto and the polling officer shall sign his name across such impression and may further require such person to produce evidence of identification :Provided that no action shall be taken by the polling officer under this sub-rule unless a sum of two rupees has been deposited in cash with the polling officer by the candidate or his 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 does so comply and on being questioned in the manner provided in rule 35 answer the first question in the affirmative and the second question in the negative and replies, satisfactorily to any other question put to him in pursuance of that rule, and if having been required to produce evidence of identification he produces evidence, which the polling officer considers satisfactory, he shall be allowed to vote after he has been informed of the penalty for personation.(3)If the polling 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 a good faith; he shall direct the deposit made under sub-rule (1) to be forfeited to [the Government of the State in which the polling stations is situate] [Substitued for the word "Government" by Central Government Notification dated 26.7.1978.] 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 forthwith to the person by whom it was made.(5)The polling 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.
