Section 41 in The Delhi Agricultural Produce Marketing (Election) Rules, 2000
41. 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 twenty five rupees in cash with the presiding officer. For each such challenge the presiding officer shall issue a receipt thereof to the challenger.(2)on such deposit being made the presiding officer shall:-(a)warn the person challenged of the penalty for personation;(b)read the relevant entry in the electors list in full and ask him whether he is the person referred to in that entry;(c)enter his name and address in the list of challenged votes in Form '12';(d)require him to affix his signature in the said list.(3)The presiding officer shall thereafter hold a summary enquiry 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 to the person challenged any question or questions necessary for the purpose of establishing his identity and require him to answer them on oath; and(c)administer and oath to the person challenged and any other person offering to give evidence.(4)If, after the enquiry 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 marketing committee concerned and in any other case, he shall return it to the challenger at the conclusion of the enquiry.
