Section 40 in THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020
40. Election Commission conducts election through ballot paper/ballot box.
Other offences and penalties therefor.- (1) A person shall be guilty of anelectoral offence if at any election, he,-(a)fraudulently defaces or fraudulently destroys any nomination paper;or(b)fraudulently defaces, destroys or removes any list, notice or otherdocument, affixed by or under the authority of a returning officer; or(c)fraudulently defaces or fraudulently destroys any electronic votingmachine or the official mark on any voting machine;(d)without due authority supplies any electronic voting machine to anyperson or receives any electronic voting machine from any person or is inpossession of any ballot paper; or voting machine(e)fraudulently puts into any electronic voting machine anything otherthan the control unit, ballot unit and voter verified paper audit trail(VVPAT)which he is authorised by law to put in; or(f)without due authority destroys, takes, opens or otherwise interfereswith any voting machine then in use for the purposes of the election; or(g)fraudulently or without due authority, as the case may be, attemptsto do any of the foregoing acts or willfully aids or abets the doing of anysuch acts.(2)Any person guilty of an electoral offence under this section shall,-(a)if he is the returning officer or an assistant returning officer or apresiding officer at a polling station or any other officer or person employedon official duty in connection with the election, on conviction, be punishedwith imprisonment for a term which may extend to two years, or with fine,or with both;(b)if he is any other person, on conviction, be punished withimprisonment for a term which may extend to six months, or with fine, ofwith both.(3)For the purpose of this section, a person shall be deemed to be onofficial duty if his duty is to take part in the conduct of an election or part of anelection including the counting of votes or to be responsible after an election forthe used ballot papers and other documents in connection with such election butthe expression "official duty" shall not include any duty imposed otherwise thanby or under this Act in connection with such election.(4)An offence punishable under clause (b) of sub-section (2) shall be
