Section 101: Order for production of documents

101. Order for production of documents.—(1) An Election Tribunal may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers. (2) The Election Tribunal may refuse to issue order under sub-section (1) if it is not likely to have an impact on the result of the election. (3) An order under sub-section (1) may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the Tribunal making the order may think expedient. (4) Where an order is made under sub-section (1), the production by the Commission of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order and any endorsement on any ballot papers or packet of ballot papers or documents so produced shall be prima facie evidence that the ballot papers or documents are what the endorsement states them to be. (5) The production from proper custody of a numbered counterfoil bearing the signature or thumb impression of a voter shall be prima facie evidence that the voter was the same person whose name was on the electoral rolls with the same number as was written on the counterfoil. (6) Save as is provided in this section, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Commission.

Effective date: 2017-10-02

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