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State of Madhya Pradesh - Section

Section 58 in The M.P. Panchayat Nirvachan Niyam, 1995

58. Challenging of identity.

(1)Any candidate or election agent or polling agent may challenge the identity of a person claiming to be a particular voter by first depositing a sum of Rupees five in cash with the Presiding Officer for each such challenge.
(2)On such deposit being made, the Presiding Officer shall-
(a)warn the person challenged of the penalty for impersonation;
(b)read the relevant entry in the voters, 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; and
(d)require him lo 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 to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and
(c)administer on oath to the person challenged and 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.
(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 State Government and in any other case, he shall return it to the challenger at the conclusion of the inquiry.