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The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

[ 26th December, 1972 ]

Chapter VI

OFFENCES, PENALTY AND PROCEDURE

81. (1) Except as provided in clause (2) a person is guilty of an offence punishable with 1[rigorous imprisonment for a term which may extend to 2[seven years] and shall not be less than three years, and also with fine], if he-

 
 

(a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper;

 
 

(b) intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorised by law to put in;

 
 

3[(bb) is found in possession of any ballot paper or ballot paper book or is seen exhibiting them before the members of the public outside the polling station;]

 
 

(c) without due authority,-

 
 

(i) supplies any ballot paper to any person;

 
 

(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for the purpose of election; or

 
 

(iii) breaks any seal affixed in accordance with the provisions of this Order;

 
 

4[(cc) without due authority and reasonable excuse destroy or interfere with any device, accessories or software programme that is used, or intended to be used, for or in connection with EVM.]

 
 

(d) forges any ballot paper or official mark;

 
 

(e) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll 5[;

 
 

(f) in the furtherance of the prospect of the election of a contesting candidate or to subvert election, captures, or abets or connives at, the capturing of, a polling station or polling booth-

 
 

(i) and compels the polling authorities to surrender the ballot papers, ballot boxes or other polling materials and documents and do any other acts affecting the orderly conduct of election or counting of votes or preparation of documents relating to election; or

 
 

(ii) drives out any candidate or his election agent or polling agent from the polling station and compels the polling authorities to proceed with the election work in their absence; or

 
 

(iii) drives out polling authorities, seizes the ballot papers, ballot boxes, polling materials and documents and use them fraudulently in such manner as he likes; or

 
 

(iv) allows only his supporters or supporters of his candidate or the candidate of his political party to vote and prevents others from voting.]

 
 

(2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other officer or clerk on duty in connection with the election, who is guilty of an offence under clause (1), shall be punishable with 6[rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine].

  • 1
    The words and comma “rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine” were substituted for the words and commas “imprisonment for a term which may extend to six months, or with fine which may extend to Taka five hundred, or with both” by section 12 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991).
  • 2
    The words “seven years” were substituted for the words “ten years” by section 23 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 3
    Sub-clause (bb) was inserted by section 23 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).
  • 4
    Sub-clause (cc) was inserted after sub-clause (c) by section 7 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).
  • 5
    The semi-colon (;) was substituted for the full-stop(.) and thereafter sub-clause (f) was added by section 34 of the Representation of the (Amendment) Act,2001 (Act No. LVII of 2001)
  • 6
    The words and comma “rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine” were substituted for the words and commas “imprisonment for a term which may extend to six months, or with fine which may extend to Taka five hundred, or with both” by section 12 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)
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Ministry of Law, Justice and Parliamentary Affairs