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Other
Parts: Part
I | Part
II | Part
III | Part
IV | Part
V | Part
VII
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PART
VI
CORRUPT AND ILLEGAL PRACTICE AND ELECTION
OFFENCES
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42.
(I) Any person who-
(a) forges or counterfeits or fraudulently
destroys any ballot paper of any person;
(b) without due authority, supplies or causes
to be supplied any ballot paper to any person;
(c) without due authority, puts into any
ballot box any ballot paper which is not
authorised by law to put in;
(d) sells or offers to sell any ballot paper
to any person or purchases or offers to
purchase any ballot paper from any person;
(e) not being a person entitled under this Act
or the regulations made thereunder to be in
possession of a ballot paper, official seal or
official mark, has any such ballot paper or
official seal or official mark in his
possession;
(f) puts into any ballot box anything other
than the ballot paper which he is authorised
by law to put in;
(g) without due authority, takes out of the
polling station any ballot paper or is found
in possession of any ballot paper outside a
polling station;
(h) without due authority, destroys, takes,
opens or otherwise interferes with any ballot
box or packet or ballot paper in use or
intended to be used for the purpose of an
election;
(i) without due authority, prints or makes any
ballot paper or what purports to be or is
capable of being used as a ballot paper at an
election;
(j) manufactures, constructs, has in his
possession, supplies or uses for the purpose
of any election, or causes to be manufactured,
constructed, supplied or used for the purpose
of any election, any appliance, device or
mechanism by which a ballot paper may be
extracted or manipulated after having been
deposited in a ballot box in the course of
polling at any polling station;
(k) on any polling day, at the entrance of or
within a polling station, or in any public or
private place within four
hundred metres from the entrance to such
polling station-
(i) canvasses for votes;
(ii) solicits the vote of any person;
(iii) induces any person not to vote; or
(iv) induces any person not to vote for a
particular candidate;
(l) on a polling day loiters in any public
place within four
hundred metres from the entrance to any
polling station;
(m) on any polling day exhibits in any public
or private place within one hundred metres
from the entrance to any polling station any
notice or sign, other than an official notice
or sign authorised by an election officer,
relating to the election;
(n) not being a presiding officer, a polling
assistant, a candidate or a polling agent in
the course of his functions within a polling
station, makes any record showing that any
particular person has voted in an election;
(o) without lawful authority, destroys,
mutilates, defaces or removes any notice which
is exhibited under the regulations made under
this Act or any such regulations;
(P) willfully obstructs or interferes with an
election officer in the execution of his
duties;
(q) makes a false answer to any question
lawfully put to him by a presiding officer or
polling assistant in connection with the
conduct of an election;
(r) having been lawfully required or directed
by an election officer to leave a polling
station or its precincts fails to comply with
such requirement or direction;
(s) associates himself or any candidate with
or uses any symbol in the course of an
election unless such symbol is authorised for
such purpose or use by regulations made under
this Act;
(t) within the period appointed for the
receipt of nominations under Part IV, loiters
in any public place within four hundred metres
from the entrance to a nomination office;
shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding
eight hundred penalty units or to imprisonment
for a period not exceeding two years, or to
both.
(2) In a prosecution for an offence in
relation to nomination paper, ballot box or
ballot paper, the property in such nomination
paper, bal- lot box or ballot paper, as well
as the property in the counterfoil of any
ballot paper may be stated to be in the
returning officer at that election.
(As
amended by Act No.13 of 1994)
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Election
Offences |
43. (1) Every person in attendance at a
polling station shall maintain, and aid in
maintaining, the secrecy of the voting at such
station and shall not communicate, except for
some purpose authorised by law, to any person
any information as to the name or number on
the register of voters of any voter who has or
who has not applied for a ballot paper or
voted at such polling station, or as to the
official mark or official seal at such polling
station.
(2) No person, except a presiding officer
acting under the provisions of this Act, shall
obtain or attempt to obtain in a polling
station ,r information as to the candidate for
whom any person in such polling ,
station is about to vote or has voted, or
communicate at any time to any person any
information obtained in a polling station as
to the candidate for whom any person in such
polling station is about to vote or has voted,
or as to the number on the ballot Paper issued
to any person at such polling station.
(3) Every person in attendance at the counting
of the votes shall maintain, and aid in
maintaining, the secrecy of the voting and
shall not ascertain or attempt to ascertain at
such counting the number on any ballot paper
or communicate any information obtained at
such counting as to the candidate for whom any
vote is given by any particular ballot paper.
( 4) Any person who contravenes any of the
provisions of this section shall be guilty of
an offence and shall be liable on conviction
to a fine not exceeding eight hundred penalty
units or to imprisonment for a team not
exceeding two years, or to both.
(As
amended by Act No.13 of 1994)
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Secrecy |
| 44.
Any election officer who willfully fails to
perform the functions of his office under this
Act or the regulations made there under shall
be guilty of an offence and liable on
conviction to a fine not exceeding eight
hundred penalty units or to imprisonment for a
term not exceeding two years, or to both.
(As
amended by Act No.13 of 1994)
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Offences
by election officers |
45.
(1) Every bill, placard, poster, pamphlet,
circular or other printed matter having
references to an election shall bear upon the
face thereof the name and address of the
printer and the publisher thereof, and any
person who prints, publishes, or posts, or
causes to be printed, published or posted, any
such matter which fails to bear upon the face
thereof such names and addresses shall be
guilty of an offence.
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Offences
by printers and publishers |
46.
Any person who attempts to commit an offence
which is a
corrupt practice or illegal practice or an
offence against section forty-eight shall be
guilty of an offence and shall, on the
conviction, be certain liable to the
punishment prescribed for the offence
commission of which is attempted. |
Penalty
for attempt to commit certain offences |
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