Representation of the People Act,1951
Act No : 43
Section :
Breaches of official duty in connection with election.
134.Breaches of official duty in connection with election. (1) 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. 3[(1A) An offence punishable under sub-section (1) shall be cognizable.] (2)No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as afore- said. (3)The persons to whom this section applies are the 4***5[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with 6* * * 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 7*** 8[134A.Penalty for Government servants for acting 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.] ---------------------------------------------------------------------- 11["134B. Prohibition of going armed to or near a polling station. (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day go armed with arms, as defined in the Arms Act, 1959, of any kind within the neighbourhood of a polling station. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (3) Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under the section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act. (4) An offence punishable under sub-section (2) shall be cognizable."] ---------------------------------------------------------------------- 1 Subs. by Act 27 of 1956, s. 68, for clause (6)" 2 Subs. by Act 47 of 1966, s. 57, for two hundred and fifty rupees " (w.e.f. 14-12-1966). 3 Ins. by s. 58, ibid. (w.e.f. 14-12-1966). 4 The words " Electoral Registration Officers, Assistant Electoral, Registration Officers " omitted by Act 58 of 1958, s. 37. 5 Subs. by Act 47 of 1066, s. 58, for "returning officers" (w.e.f. 14-12-1966). 6 The words "the preparation of an electoral roll" omitted by Act 58 of 1958, s. 37. 7 The words and figures "or by or under the Representation of the People Act, 1950" omitted by S. 37, ibid. 8 Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966). 9 Ins. by Act 4 of 1986, s.2 and Sch. (w.e.f. 15.5.1986). 10 Subs. by Act 21 of 1996, s. 12 (w.e.f. 1-8-1996). 11 Ins. by s. 13, ibid (w.e.f. 1-8-1996). ---------------------------------------------------------------------- 96
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