Section 47 in Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of Election) Rules, 1965
47.
(1)If any candidate, polling agent or election agent declares and undertakes to prove that any person by applying for a ballot paper has committed the offence of personation, the Presiding Officer shall call upon the candidate or agent bringing forward the charges of personation to deposit with him a sum of five rupees in cash. A separate deposit shall be required for proceeding with each charge of personation. If such deposit is not made, the Presiding Officer shall ignore the challenge.(2)Immediately the deposit required by sub-rule (1) has been made, the Presiding Officer shall obtain a written statement in form XIII which shall be signed by the candidate or agent, as the case may be, in the presence of the Presiding Officer.(3)The Presiding Officer shall then required the applicant of the ballot paper to enter in the list of challenged votes (which shall be in form XIV) 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.(4)If the applicant for the ballot paper on being questioned in the manner provided in Rule 45 gives unqualified answer to the first question in the affirmative and to the second in the negative, he shall be allowed to vote after he has been informed of the penalty for personation. 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.(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 Municipality/Nagar Panchayat and in any other case, he shall return it to the challenger at the conclusion of the enquiry.(6)The Presiding Officer shall, at the close of the poll, forward to the Election Officer the statement mentioned in sub- rule (2) enclosed in the packet containing the list of challenged votes.(7)The Election Officer may immediately make such investigation as may be necessary and take steps to prosecute the person or persons whom he believes to be guilty of the offence of personation. He shall however, stay investigation if notice of an election petition filed before the Election Tribunal and relating to the case under investigation is received and shall resume the investigation after the disposal of the said petition. If it is found as a result of the judicial trial connected with the prosecution that the offence of personation has not been proved, the Election Officer shall order forfeiture of deposit to the Municipal Council/Nagar Panchayat. In coming to a decision on this point the Election Officer shall be guided by the facts and conclusions recorded at the trial. If there is no such judicial trial, the Election Officer shall in his discretion, decide whether having regard to the relevant circumstances, the deposit shall be declared to have been forfeited to the Municipal Council/Nagar Panchayat, the deposit as has not been declared to have been forfeited shall be returned to the person who made the deposit.
