BIHAR STATE ELECTION AUTHORITY ACT, 2008

{
    "id": 3687,
    "slug": "bihar-state-election-authority-act-2008-2008",
    "title": "BIHAR STATE ELECTION AUTHORITY ACT, 2008",
    "short_title": "Bihar State Election Authority Act, 2008",
    "act_number": "14",
    "act_year": 2008,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "valid",
    "enactment_date": "2008-04-18",
    "description": "Bihar State Election Authority Act, 2008",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "An Act to constitute the Bihar State Election Authority.\nWHEREAS, in the State of Bihar there is a large number of bodies and establishments, which are governed by elected representatives;\nAND, WHEREAS, cooperative societies are governed by elected managing committees;\nAND, WHEREAS, there are also similar entities/establishments like school education committees, which are governed and managed by elected bodies;\nAND, WHEREAS, for holding elections to the elected bodies in such entities/establishments/organisations, election by a uniform process at present is not regulated;\nAND, WHEREAS, it is considered necessary in public interest to make provision for a process to hold elections to such bodies;\nAND, WHEREAS, for fulfilling the said purpose, it is considered necessary to establish an authority like the State Election Commission, which shall be entrusted with the duty and responsibility of holding elections in cooperative societies, education committees or any other entity/establishment/organisation, where the body is required to be constituted by election.\nBE it enacted by the Legislature of the State of Bihar in the Fifty-ninth Year of the Republic of India as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "Short title, extent and commencement.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "(1) This Act may be called the Bihar State Election Authority Act, 2008.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It shall extend to the whole of the State of Bihar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "Definitions.- In this Act, unless the context otherwise requires,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2(a)",
            "chapter": null,
            "content": "(a) \"State Election Authority\" means the State Election Authority constituted under Section 3 of this Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2(b)",
            "chapter": null,
            "content": "(b) \"Co-operative Society\" means a co-operative society defined under the Bihar Co-operative Societies Act, 1935 and a self-reliant co-operative society defined under the Bihar Self-Reliant Co-operative Societies Act, 1996 (Bihar Act 2, 1997);",
            "footnote": "6 of 1935; Bihar Act 2, 1997",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2(c)",
            "chapter": null,
            "content": "(c) \"Education Committee\" means school committee or by whatever name called for different categories of schools in the State of Bihar;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(d)",
            "chapter": null,
            "content": "(d) \"State Government\" means the Government of Bihar;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(e)",
            "chapter": null,
            "content": "(e) \"Registrar, Co-operative Societies\" means the Registrar defined under the Bihar Co-operative Societies Act, 1935 and the Bihar Self-Reliant Co-operative Societies Act, 1996;",
            "footnote": "6 of 1935; Bihar Act 2, 1997",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(f)",
            "chapter": null,
            "content": "(f) \"District Magistrate and Collector\" means District Magistrate and Collector notified by the State Government for a particular district;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2(g)",
            "chapter": null,
            "content": "(g) \"Sub-Divisional Officer\" means Sub-Divisional Officer appointed and notified by the State Government for a particular sub-division;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2(h)",
            "chapter": null,
            "content": "(h) \"Commissioner\" means Commissioner of a division appointed and notified by the State Government;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2(i)",
            "chapter": null,
            "content": "(i) \"Managing Committee\" means a committee, by whatever name called, constituted as per necessity for the administration of cooperative society, school/establishment/body, under any Act, Rules, Regulations, Orders, Notifications or Scheme of the State Government.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 140
        },
        {
            "number": "3",
            "title": "Section 3. Constitution of State Election Authority",
            "chapter": null,
            "content": "Constitution of State Election Authority.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "3",
            "title": "Section 3(1)",
            "chapter": null,
            "content": "(1) The State Government shall, from such date as it may appoint, constitute an Election Authority, which shall conduct the election of any managing committee in the manner provided in this Act and rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "(2) The State Election Authority shall be headed by a Chief Election Officer and he may take assistance of Deputy Chief Election Officers appointed by the State Government by notification, as may be required for discharge of his duties and functions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "3",
            "title": "Section 3(3)",
            "chapter": null,
            "content": "(3) The Chief Election Officer shall be a serving or retired officer, who shall have administrative experience of not less than 10 (ten) years, out of which at least three years shall be of the rank of Secretary to the State Government and above.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "3",
            "title": "Section 3(4)",
            "chapter": null,
            "content": "(4) The term of office of the Chief Election Officer shall be for five years or till he attains seventy years of age, whichever is earlier:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "3",
            "title": "Proviso to Section 3(4)",
            "chapter": null,
            "content": "Provided that his tenure of five years may be extended according to the pleasure of the State Government up to seventy years of age:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "3",
            "title": "Proviso to Section 3(4)",
            "chapter": null,
            "content": "Provided further that the State Government may terminate the tenure of the Chief Election Officer before time, and in case of termination of tenure before completion of term, he shall be entitled to pay and allowances of one month in lieu of notice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "4",
            "title": "Section 4. Supervision, direction and control",
            "chapter": null,
            "content": "Supervision, direction and control.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "4",
            "title": "Section 4(1)",
            "chapter": null,
            "content": "(1) The Election Authority shall have power, jurisdiction and authority for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to cooperative societies, education committees or any other entity, body, establishment, where election is entrusted to it by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "4",
            "title": "Section 4(2)",
            "chapter": null,
            "content": "(2) The terms and conditions of service of the Chief Election Officer of the Election Authority shall be such as may be prescribed by the State Government by rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "4",
            "title": "Section 4(3)",
            "chapter": null,
            "content": "(3) The Government shall, when so requested by the Election Authority, make available such staff and officers as may be necessary for the discharge of the functions conferred on the Election Authority by this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "5",
            "title": "Section 5. Administrative machinery for conduct of elections",
            "chapter": null,
            "content": "Administrative machinery for conduct of elections.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "5",
            "title": "Section 5(1)",
            "chapter": null,
            "content": "(1) The State Government, when required by the Authority for the conduct of election, shall make available required number of officers and employees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "5",
            "title": "Section 5(2)",
            "chapter": null,
            "content": "(2) For the conduct of election, the Election Authority shall designate District Magistrate, Sub-Divisional Magistrate, Block Development Officer, Executive Officer or such other officers as it thinks fit, as Election Officer for each society, organisation, establishment where election is required, and shall designate one or more officers as Deputy Election Officer to assist the Election Officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "5",
            "title": "Section 5(3)",
            "chapter": null,
            "content": "(3) The State Election Authority may appoint an officer of the State Government as Observer for keeping watch on elections to any entity/establishment/organisation or group of such bodies and to perform such duties as may be entrusted to him by the Election Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "6",
            "title": "Section 6. Electoral offences",
            "chapter": null,
            "content": "Electoral offences.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "6",
            "title": "Section 6(1)",
            "chapter": null,
            "content": "(1) Promoting enmity between classes in connection with election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(2) Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.- (i) No person shall, in any polling area, during the period of forty-eight hours ending with the hour fixed for conclusion of poll for any election,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "6",
            "title": "Section 6(2)(i)(a)",
            "chapter": null,
            "content": "(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "6",
            "title": "Section 6(2)(i)(b)",
            "chapter": null,
            "content": "(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "6",
            "title": "Section 6(2)(i)(c)",
            "chapter": null,
            "content": "(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto.\nAny person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(2)",
            "chapter": null,
            "content": "Explanation.- In this section, the expression \"election matter\" means any matter intended or calculated to influence or affect the result of an election.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "6",
            "title": "Section 6(3)",
            "chapter": null,
            "content": "(3) Disturbances at election meetings.- (i) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "6",
            "title": "Section 6(3)(ii)",
            "chapter": null,
            "content": "(ii) An offence punishable under clause (i) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(3)",
            "chapter": null,
            "content": "Explanation.- This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the members or voters to elect and the date on which such election is held.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "6",
            "title": "Section 6(3)(iii)",
            "chapter": null,
            "content": "(iii) If any police officer reasonably suspects any person of committing an offence under clause (i), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name and address, the police officer may arrest him without warrant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "6",
            "title": "Section 6(4)",
            "chapter": null,
            "content": "(4) Restrictions on the printing of pamphlets, posters, etc.- (i) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "6",
            "title": "Section 6(4)(ii)",
            "chapter": null,
            "content": "(ii) No person shall print or cause to be printed any election pamphlet or poster-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "6",
            "title": "Section 6(4)(ii)(a)",
            "chapter": null,
            "content": "(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "6",
            "title": "Section 6(4)(ii)(b)",
            "chapter": null,
            "content": "(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "6",
            "title": "Section 6(4)(ii)(b)(i)",
            "chapter": null,
            "content": "(i) where it is printed in the capital of the State, to the State Election Authority; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "6",
            "title": "Section 6(4)(ii)(b)(ii)",
            "chapter": null,
            "content": "(ii) in any other case, to the District Magistrate of the district in which it is printed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(4)",
            "chapter": null,
            "content": "Explanation.- For the purposes of this section,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(4)(a)",
            "chapter": null,
            "content": "(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression \"printer\" shall be construed accordingly; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(4)(b)",
            "chapter": null,
            "content": "(b) \"election pamphlet or poster\" means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "6",
            "title": "Section 6(4)(iii)",
            "chapter": null,
            "content": "(iii) Any person who contravenes any of the provisions of clause (i) or clause (ii) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "6",
            "title": "Section 6(5)",
            "chapter": null,
            "content": "(5) Maintenance of secrecy of voting.- (i) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "6",
            "title": "Section 6(5)(ii)",
            "chapter": null,
            "content": "(ii) Any person who contravenes the provisions of clause (i) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "6",
            "title": "Section 6(6)",
            "chapter": null,
            "content": "(6) Officers etc., at elections not to act for candidates or to influence voting.- (1) No person who is an election officer or a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "6",
            "title": "Section 6(6)(ii)",
            "chapter": null,
            "content": "(ii) No such person as aforesaid, and no member of a police force, shall endeavor-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "6",
            "title": "Section 6(6)(ii)(a)",
            "chapter": null,
            "content": "(a) to persuade any person to give his vote at an election; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "6",
            "title": "Section 6(6)(ii)(b)",
            "chapter": null,
            "content": "(b) to dissuade any person from giving his vote at an election; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "6",
            "title": "Section 6(6)(ii)(c)",
            "chapter": null,
            "content": "(c) to influence the voting of any person at an election in any manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "6",
            "title": "Section 6(6)(iii)",
            "chapter": null,
            "content": "(iii) Any person who contravenes the provisions of clause (i) or clause (ii) shall be punishable with imprisonment which may extend to six months or with fine or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "6",
            "title": "Section 6(6)(iv)",
            "chapter": null,
            "content": "(iv) An offence punishable under clause (iii) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "6",
            "title": "Section 6(7)",
            "chapter": null,
            "content": "(7) Prohibition of canvassing in or near polling stations.- (i) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "6",
            "title": "Section 6(7)(i)(a)",
            "chapter": null,
            "content": "(a) canvassing for votes; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "6",
            "title": "Section 6(7)(i)(b)",
            "chapter": null,
            "content": "(b) soliciting the vote of any elector; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "6",
            "title": "Section 6(7)(i)(c)",
            "chapter": null,
            "content": "(c) persuading any elector not to vote for any particular candidate; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "6",
            "title": "Section 6(7)(i)(d)",
            "chapter": null,
            "content": "(d) persuading any elector not to vote at the election; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "6",
            "title": "Section 6(7)(i)(e)",
            "chapter": null,
            "content": "(e) exhibiting any notice or sign (other than an official notice) relating to the election.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "6",
            "title": "Section 6(7)(ii)",
            "chapter": null,
            "content": "(ii) Any person who contravenes the provisions of clause (i) shall be punishable with fine which may extend to two hundred and fifty rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "6",
            "title": "Section 6(7)(iii)",
            "chapter": null,
            "content": "(iii) An offence punishable under this sub-section shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "6",
            "title": "Section 6(8)",
            "chapter": null,
            "content": "(8) Penalty for disorderly conduct in or near polling stations.- (i) No person shall, on the date or dates on which a poll is taken at any polling station,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "6",
            "title": "Section 6(8)(i)(a)",
            "chapter": null,
            "content": "(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "6",
            "title": "Section 6(8)(i)(b)",
            "chapter": null,
            "content": "(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighborhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "6",
            "title": "Section 6(8)(ii)",
            "chapter": null,
            "content": "(ii) Any person who contravenes, or willfully aids or abets the contravention of, the provisions of clause (i) shall be punishable with imprisonment which may extend to three months or with fine or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "6",
            "title": "Section 6(8)(iii)",
            "chapter": null,
            "content": "(iii) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "6",
            "title": "Section 6(8)(iv)",
            "chapter": null,
            "content": "(iv) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used in such contravention.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "6",
            "title": "Section 6(9)",
            "chapter": null,
            "content": "(9) Penalty for misconduct at the polling station.- (i) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorized in this behalf by such presiding officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "6",
            "title": "Section 6(9)(ii)",
            "chapter": null,
            "content": "(ii) The powers conferred by clause (i) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "6",
            "title": "Section 6(9)(iii)",
            "chapter": null,
            "content": "(iii) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        },
        {
            "number": "6",
            "title": "Section 6(9)(iv)",
            "chapter": null,
            "content": "(iv) An offence punishable under clause (iii) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 770
        },
        {
            "number": "6",
            "title": "Section 6(10)",
            "chapter": null,
            "content": "(10) Penalty for failure to observe procedure for voting.- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable to be cancelled.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 780
        },
        {
            "number": "6",
            "title": "Section 6(11)",
            "chapter": null,
            "content": "(11) Penalty for illegal hiring or procuring of conveyances at elections.- If any person is guilty of any corrupt practice specified in clause (vi) of section 14 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 790
        },
        {
            "number": "6",
            "title": "Section 6(12)",
            "chapter": null,
            "content": "(12) Breaches of official duty in connection with elections.- (i) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 800
        },
        {
            "number": "6",
            "title": "Section 6(12)(ii)",
            "chapter": null,
            "content": "(ii) An offence punishable under clause (i) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 810
        },
        {
            "number": "6",
            "title": "Section 6(12)(iii)",
            "chapter": null,
            "content": "(iii) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 820
        },
        {
            "number": "6",
            "title": "Section 6(12)(iv)",
            "chapter": null,
            "content": "(iv) The persons to whom this section applies are the district election officers, returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression \"official duty\" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 830
        },
        {
            "number": "6",
            "title": "Section 6(13)",
            "chapter": null,
            "content": "(13) Government servants etc., not to act as election agent, polling agent or counting agent.- If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 840
        },
        {
            "number": "6",
            "title": "Section 6(14)",
            "chapter": null,
            "content": "(14) Removal of ballot papers from polling station to be an offence.- (i) Any person who at any election unauthorizedly takes, or attempts to take, a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 850
        },
        {
            "number": "6",
            "title": "Section 6(14)(ii)",
            "chapter": null,
            "content": "(ii) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under clause (i), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 860
        },
        {
            "number": "6",
            "title": "Proviso to Section 6(14)(ii)",
            "chapter": null,
            "content": "Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 870
        },
        {
            "number": "6",
            "title": "Section 6(14)(iii)",
            "chapter": null,
            "content": "(iii) Any ballot paper found upon the person arrested on search shall be handed over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by himself in safe custody.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 880
        },
        {
            "number": "6",
            "title": "Section 6(14)(iv)",
            "chapter": null,
            "content": "(iv) An offence punishable under clause (i) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 890
        },
        {
            "number": "6",
            "title": "Section 6(15)",
            "chapter": null,
            "content": "(15) Offence of booth capturing.- Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 900
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)",
            "chapter": null,
            "content": "Explanation.- (1) For the purposes of this clause, \"booth capturing\" includes, among other things, all or any of the following activities, namely:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 910
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)(a)",
            "chapter": null,
            "content": "(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 920
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)(b)",
            "chapter": null,
            "content": "(b) taking possession of a polling station or a place fixed for the poll of any person or persons and allowing only his or their own supporters to exercise their franchise and preventing others from free exercise of their right to vote;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 930
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)(c)",
            "chapter": null,
            "content": "(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 940
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)(d)",
            "chapter": null,
            "content": "(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of any other act which affects the orderly counting of votes;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 950
        },
        {
            "number": "6",
            "title": "Explanation to Section 6(15)(e)",
            "chapter": null,
            "content": "(e) doing by any person in the service of Government, of any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 960
        },
        {
            "number": "6",
            "title": "Section 6(16)",
            "chapter": null,
            "content": "(16) Other offences and penalties therefor.- (i) A person shall be guilty of an electoral offence if at any election he-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 970
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(a)",
            "chapter": null,
            "content": "(a) fraudulently defaces or fraudulently destroys any nomination paper; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 980
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(b)",
            "chapter": null,
            "content": "(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 990
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(c)",
            "chapter": null,
            "content": "(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1000
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(d)",
            "chapter": null,
            "content": "(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1010
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(e)",
            "chapter": null,
            "content": "(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1020
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(f)",
            "chapter": null,
            "content": "(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1030
        },
        {
            "number": "6",
            "title": "Section 6(16)(i)(g)",
            "chapter": null,
            "content": "(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or willfully aids or abets the doing of any such acts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1040
        },
        {
            "number": "6",
            "title": "Section 6(16)(ii)",
            "chapter": null,
            "content": "(ii) Any person guilty of an electoral offence under this section shall-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1050
        },
        {
            "number": "6",
            "title": "Section 6(16)(ii)(a)",
            "chapter": null,
            "content": "(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1060
        },
        {
            "number": "6",
            "title": "Section 6(16)(ii)(b)",
            "chapter": null,
            "content": "(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1070
        },
        {
            "number": "6",
            "title": "Section 6(16)(iii)",
            "chapter": null,
            "content": "(iii) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the ballot papers and other papers in connection with such election. But the expression \"official duty\" shall not include any duty imposed otherwise than by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1080
        },
        {
            "number": "6",
            "title": "Section 6(16)(iv)",
            "chapter": null,
            "content": "(iv) An offence punishable under clause (ii) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1090
        },
        {
            "number": "7",
            "title": "Section 7. Grant of paid holiday to employees on the day of poll",
            "chapter": null,
            "content": "Grant of paid holiday to employees on the day of poll.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1100
        },
        {
            "number": "7",
            "title": "Section 7(1)",
            "chapter": null,
            "content": "(1) Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to a body of the State shall, on the day of poll, be granted a holiday.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1110
        },
        {
            "number": "7",
            "title": "Section 7(2)",
            "chapter": null,
            "content": "(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had a holiday not been granted to him on that day.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1120
        },
        {
            "number": "7",
            "title": "Section 7(3)",
            "chapter": null,
            "content": "(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1130
        },
        {
            "number": "7",
            "title": "Section 7(4)",
            "chapter": null,
            "content": "(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1140
        },
        {
            "number": "8",
            "title": "Section 8. Election expenses and maximum limit thereof",
            "chapter": null,
            "content": "Election expenses and maximum limit thereof.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1150
        },
        {
            "number": "8",
            "title": "Section 8(1)",
            "chapter": null,
            "content": "(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1160
        },
        {
            "number": "8",
            "title": "Section 8(2)",
            "chapter": null,
            "content": "(2) The account shall contain such particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1170
        },
        {
            "number": "8",
            "title": "Section 8(3)",
            "chapter": null,
            "content": "(3) The total of the said expenditure shall not exceed such amount as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1180
        },
        {
            "number": "9",
            "title": "Section 9. Disqualification for failure to lodge account of election expenses",
            "chapter": null,
            "content": "Disqualification for failure to lodge account of election expenses.- If the Election Authority is satisfied that a person-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1190
        },
        {
            "number": "9",
            "title": "Section 9(a)",
            "chapter": null,
            "content": "(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1200
        },
        {
            "number": "9",
            "title": "Section 9(b)",
            "chapter": null,
            "content": "(b) has no good reason or justification for the failure, the State Election Authority shall by order published in the Official Gazette declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1210
        },
        {
            "number": "10",
            "title": "Section 10. Election petition",
            "chapter": null,
            "content": "Election petition.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1220
        },
        {
            "number": "10",
            "title": "Section 10(1)",
            "chapter": null,
            "content": "(1) The election to any office of a body shall not be called in question except by an election petition presented to the prescribed authority:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1230
        },
        {
            "number": "10",
            "title": "Proviso to Section 10(1)",
            "chapter": null,
            "content": "Provided that if the election to any office of a body is disputed, the election process shall be completed by the Authority notified by the State Government and the jurisdiction to decide the dispute shall vest in the prescribed authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1240
        },
        {
            "number": "10",
            "title": "Section 10(2)",
            "chapter": null,
            "content": "(2) Parties to the petition.- A petitioner shall join as respondents to his petition-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1250
        },
        {
            "number": "10",
            "title": "Section 10(2)(a)",
            "chapter": null,
            "content": "(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1260
        },
        {
            "number": "10",
            "title": "Section 10(2)(b)",
            "chapter": null,
            "content": "(b) any other candidate against whom allegations of any corrupt practice are made in the petition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1270
        },
        {
            "number": "11",
            "title": "Section 11. Bar to interference by courts in electoral matters",
            "chapter": null,
            "content": "Bar to interference by courts in electoral matters.- Notwithstanding anything contained in this Act-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1280
        },
        {
            "number": "11",
            "title": "Section 11(a)",
            "chapter": null,
            "content": "(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies shall not be called in question in any court;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1290
        },
        {
            "number": "11",
            "title": "Section 11(b)",
            "chapter": null,
            "content": "(b) no election to any body shall be called in question except by an election petition presented to the prescribed authority under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1300
        },
        {
            "number": "12",
            "title": "Section 12. Grounds for declaring election to be void",
            "chapter": null,
            "content": "Grounds for declaring election to be void.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1310
        },
        {
            "number": "12",
            "title": "Section 12(1)",
            "chapter": null,
            "content": "(1) Subject to the provisions of sub-section (2) if the prescribed authority is of opinion-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1320
        },
        {
            "number": "12",
            "title": "Section 12(1)(a)",
            "chapter": null,
            "content": "(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1330
        },
        {
            "number": "12",
            "title": "Section 12(1)(b)",
            "chapter": null,
            "content": "(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1340
        },
        {
            "number": "12",
            "title": "Section 12(1)(c)",
            "chapter": null,
            "content": "(c) that any nomination has been improperly rejected; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1350
        },
        {
            "number": "12",
            "title": "Section 12(1)(d)",
            "chapter": null,
            "content": "(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1360
        },
        {
            "number": "12",
            "title": "Section 12(1)(d)(i)",
            "chapter": null,
            "content": "(i) by the improper acceptance of any nomination; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1370
        },
        {
            "number": "12",
            "title": "Section 12(1)(d)(ii)",
            "chapter": null,
            "content": "(ii) by any corrupt practice committed in the interests of the returned candidate by an agent; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1380
        },
        {
            "number": "12",
            "title": "Section 12(1)(d)(iii)",
            "chapter": null,
            "content": "(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1390
        },
        {
            "number": "12",
            "title": "Section 12(1)(d)(iv)",
            "chapter": null,
            "content": "(iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, the prescribed authority shall declare the election of the returned candidate to be void.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1400
        },
        {
            "number": "12",
            "title": "Section 12(2)",
            "chapter": null,
            "content": "(2) If in the opinion of the prescribed authority, a returned candidate has been guilty by an agent of any corrupt practice, but the prescribed authority is satisfied-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1410
        },
        {
            "number": "12",
            "title": "Section 12(2)(a)",
            "chapter": null,
            "content": "(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1420
        },
        {
            "number": "12",
            "title": "Section 12(2)(b)",
            "chapter": null,
            "content": "(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1430
        },
        {
            "number": "12",
            "title": "Section 12(2)(c)",
            "chapter": null,
            "content": "(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the prescribed authority may decide that the election of the returned candidate is not void.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1440
        },
        {
            "number": "13",
            "title": "Section 13. Grounds for which a candidate other than the returned candidate may be declared to have been elected",
            "chapter": null,
            "content": "Grounds for which a candidate other than the returned candidate may be declared to have been elected.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1450
        },
        {
            "number": "13",
            "title": "Section 13(1)",
            "chapter": null,
            "content": "(1) If any person who has lodged a petition has, in addition to claiming a declaration that the election of the returned candidate is void, claimed a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1460
        },
        {
            "number": "13",
            "title": "Section 13(1)(a)",
            "chapter": null,
            "content": "(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1470
        },
        {
            "number": "13",
            "title": "Section 13(1)(b)",
            "chapter": null,
            "content": "(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the prescribed authority shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate to have been duly elected.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1480
        },
        {
            "number": "13",
            "title": "Section 13(2)",
            "chapter": null,
            "content": "(2) Decision of the prescribed authority shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1490
        },
        {
            "number": "14",
            "title": "Section 14. Corrupt practices",
            "chapter": null,
            "content": "Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1500
        },
        {
            "number": "14",
            "title": "Section 14(i)",
            "chapter": null,
            "content": "(i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (Central Act 43 of 1951);",
            "footnote": "43 of 1951",
            "is_definition": false,
            "sort_order": 1510
        },
        {
            "number": "14",
            "title": "Section 14(ii)",
            "chapter": null,
            "content": "(ii) Undue influence as defined in clause (2) of the said section;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1520
        },
        {
            "number": "14",
            "title": "Section 14(iii)",
            "chapter": null,
            "content": "(iii) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1530
        },
        {
            "number": "14",
            "title": "Section 14(iv)",
            "chapter": null,
            "content": "(iv) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1540
        },
        {
            "number": "14",
            "title": "Section 14(v)",
            "chapter": null,
            "content": "(v) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1550
        },
        {
            "number": "14",
            "title": "Section 14(vi)",
            "chapter": null,
            "content": "(vi) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under rules made under this Act: Provided that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1560
        },
        {
            "number": "14",
            "title": "Explanation to Section 14(vi)",
            "chapter": null,
            "content": "Explanation.- In this clause the expression \"vehicle\" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1570
        },
        {
            "number": "14",
            "title": "Section 14(vii)",
            "chapter": null,
            "content": "(vii) Holding of any meeting in which intoxicating liquor is served;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1580
        },
        {
            "number": "14",
            "title": "Section 14(viii)",
            "chapter": null,
            "content": "(viii) Issuing of any circular, placard or poster in connection with the election without the name and address of the printer and publisher printed on the face thereof;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1590
        },
        {
            "number": "14",
            "title": "Section 14(ix)",
            "chapter": null,
            "content": "(ix) Any other practice specified by the State Government by rules to be a corrupt practice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1600
        },
        {
            "number": "15",
            "title": "Section 15. Order in connection with corrupt practice",
            "chapter": null,
            "content": "Order in connection with corrupt practice.- On account of corrupt practice specified under this Act, a person shall be disqualified for membership of any local authority for a period of five years from the date of such order passed by the prescribed authority under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1610
        },
        {
            "number": "16",
            "title": "Section 16. Power of Government to make rules",
            "chapter": null,
            "content": "Power of Government to make rules.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1620
        },
        {
            "number": "16",
            "title": "Section 16(1)",
            "chapter": null,
            "content": "(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act, without prejudice to the generality of the foregoing power, and in particular for the following purposes:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1630
        },
        {
            "number": "16",
            "title": "Section 16(1)(a)",
            "chapter": null,
            "content": "(a) regulation of procedure for transaction of business of Election Authority;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1640
        },
        {
            "number": "16",
            "title": "Section 16(1)(b)",
            "chapter": null,
            "content": "(b) appointment, discipline, appeal and conditions of service of officers and staff of the Authority;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1650
        },
        {
            "number": "16",
            "title": "Section 16(1)(c)",
            "chapter": null,
            "content": "(c) appointment, powers and duties of Observers;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1660
        },
        {
            "number": "16",
            "title": "Section 16(1)(d)",
            "chapter": null,
            "content": "(d) the prescribed authority before whom election petition shall be filed;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1670
        },
        {
            "number": "16",
            "title": "Section 16(1)(e)",
            "chapter": null,
            "content": "(e) procedure for filing election petition along with fee;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1680
        },
        {
            "number": "16",
            "title": "Section 16(1)(f)",
            "chapter": null,
            "content": "(f) any other matter which is required or necessary to be prescribed for carrying out the duties and functions of the Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1690
        },
        {
            "number": "16",
            "title": "Section 16(2)",
            "chapter": null,
            "content": "(2) Every rule made under this Act shall be made with retrospective effect or prospective effect, and when any rule is made, the reasons for making the rule shall be specified in a statement which shall be laid before both Houses of the State Legislature. Any proposal for modification of a rule made under this Act shall be considered in the same manner as if it were enacted in this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1700
        },
        {
            "number": "16",
            "title": "Section 16(3)",
            "chapter": null,
            "content": "(3) In making any rule under this section, the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees, and where the breach is a continuing one, with a further fine which may extend to twenty-five rupees for every day after the first day during which the breach continues.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1710
        },
        {
            "number": "17",
            "title": "Section 17. Overriding effect of the Act",
            "chapter": null,
            "content": "Overriding effect of the Act.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1720
        },
        {
            "number": "17",
            "title": "Section 17(1)",
            "chapter": null,
            "content": "(1) Notwithstanding anything contained in the Bihar Co-operative Societies Act, 1935, Bihar Self-Reliant Co-operative Societies Act, 1996, or any other Act, Rules, Regulations, Orders, Notifications, Schemes in which the work of holding election is entrusted to the Election Authority, from the date of constitution of Election Authority, supervision, direction and control of election of members/office bearers/managing committee shall vest in the Election Authority, and any provision contained in any other Act, Rule, Order, Notification, Scheme shall cease to have effect to the extent it is inconsistent with the provisions of this Act.",
            "footnote": "6 of 1935; Bihar Act 2, 1997",
            "is_definition": false,
            "sort_order": 1730
        },
        {
            "number": "17",
            "title": "Section 17(2)",
            "chapter": null,
            "content": "(2) Elections in entities/organisations/establishments which are conducted by the State Election Authority by order of the State Government, shall be conducted from the date of coming into force of this Act in accordance with the provisions of this Act and the rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1740
        }
    ],
    "metadata": {
        "Act ID": "200814",
        "Act Number": "14",
        "Enactment Date": "2008-04-18",
        "Act Year": "2008",
        "Short Title": "Bihar State Election Authority Act, 2008",
        "Department": "Law Department",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:17"
}