Section 85: Tendered Ballot Papers

85. Tendered Ballot Papers.— (1) If a person representing himself to be a voter applies for a ballot paper when another person has already represented to be that voter and has voted under the name of the person so applying— (a) if the applicant meets the requirements of identity verification laid down in section 84, he shall be entitled, subject to the provisions of the section to receive a ballot paper (hereinafter referred to as “Tendered Ballot Paper”) in the same manner as any other voter; (b) if the applicant fails to prove his claimed identity, the Presiding Officer may proceed against him for personation punishable under Chapter X. (2) The Presiding Officer shall, after the voter has marked and folded the Tendered Ballot Paper, place it in the same condition in a separate packet bearing the label “Tendered Ballot Papers” instead of being placed in the ballot box. (3) The Presiding Officer shall enter in a list (Tendered Votes List) the name of the voter who has received a tendered ballot paper and his number on the electoral roll. (4) The Presiding Officer shall send the Tendered Votes List along with copies of the National Identity Cards and other documents if any produced by the voters to the Returning Officer, and the Returning Officer shall send the same along with the electoral roll and counterfoils bearing the thumb impressions to the Commission. (5) The Commission shall send the Tendered Votes List and other documents mentioned in sub-section (4) to the National Database and Registration Authority for forensic enquiry to identify both the voters who voted against one entry in the electoral roll and the National Database and Registration Authority shall submit a report confirming the personation or otherwise to the Commission, which shall initiate legal action against the person who personated or attempted to personate and the election officials responsible for committing negligence in issuing a ballot paper to the personator.

Effective date: 2017-10-02

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