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

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter VI

OFFENCES, PENALTY AND PROCEDURE

1[87. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or in any other law for the time being in force, a member of any law enforcing agency performing any duty in connection with an election-
 
 
 
 
(a) shall have, even if he is not a police officer, the same powers as a police officer has under the said Code for arrest without warrant any person, other than a person performing any duty in connection with an election, who commits an offence under Article 73(2B),2[(4),] (5) and (6), Article 74(2A), (3), (4), (5) and (6), Article 78, Article 79, Article 80, Article 81(1) and Article 82, or for the maintenance of peace, law and order, in the polling station or within a radius of four hundred yards of the polling station, on the polling day, as if he were a police officer;
 
 
 
 
(b) shall arrest without warrant any person who commits an offence under any of the Articles mentioned in clause (a), if the Returning Officer of the Presiding Officer so directs;
 
 
(c) may arrest without warrant any person, who being removed from the polling station by the Presiding Officer under Article 30, commits any offence in the polling station;
 
 
 
 
(d) may remove any notice, sign, banner of flag used in contravention of Article 79;
 
 
 
 
(e) may seize any instrument or apparatus used in contravention of Article 80; and
 
 
 
 
(f) may take such steps, including use of force, as may be reasonably necessary for the exercise of his powers and performance of his duties under this Article.]

  • 1
    Article 87 was substituted by section 35 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 2
    The bracket, number and comma “ (4),” was inserted after the word, number, bracket and comma“Article 73(2B),” by section 15 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).
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