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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[87A. (1) Any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, shall remove or cause to be removed, or direct the removal of, whenever or wherever he comes to know about it or it comes to his notice, any-
 
 
(a) multi-coloured poster or portrait of a candidate or the poster or symbol of a candidate which is bigger than the size prescribed or specified by the Commission;
 
 
(b) gate, arch or barricade erected for a candidate;
 
 
(c) pandal of a candidate covering an area of more than four hundred square feet;
 
 
2[***]
 
 
(e) micro-phone or loudspeaker used by a candidate in excess of three in number in a constituency at any given time;
 
 
(f) election camp or office of a candidate in excess of one in union, or in a ward of a municipality or city or in excess of one central camp or office in a constituency;
 
 
(g) illumination as part of election campaign of a candidate by use of electricity in any form; and
 
 
(h) writing in ink or paint or in any other manner whatsoever as a means of advertisement for a candidate in any wall, building, pillar, bridge, vehicle or vessel, or in any other place or object not belonging to the candidate or not meant for such advertisement.
 
 
 
 
(2) If a police officer or any other member of a law enforcing agency fails or neglects to take action under clause (1), without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and his appointing authority shall, on being requested to do so by the Commission or the Returning Officer, take appropriate disciplinary action against him and inform the Commission or the Returning officer, as the case may be, about the action so taken, and shall note the action in the relevant service record.
 
 
(3) A Returning Officer or an Assistant Returning Officer may direct any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, to remove, within such time as he may specify, any matter, thing or article which is liable to be removed under clause (1), and such police officer or member of the law enforcing agency shall take prompt action in accordance with such direction and report compliance to the Returning Officer and the Assistant Returning Officer, and if such police officer or member of the law enforcing agency fails, refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and the provision of clause (2) shall apply in this respect.
 
 
(4) A Returning Officer or an Assistant Returning Officer may give a direction to a candidate or his election agent to remove immediately any matter, thing or article which is liable to be removed under clause (1), and the candidate or his election agent shall act in accordance with such direction, and report compliance to the Returning Officer and the Assistant Returning Officer; and if he fails or refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of corrupt practice under Article 73.
 
 
(5) Any matter, thing or article removed by any police officer or any other member of a law enforcing agency shall be deemed to have been seized from the possession of the candidate, and shall, if not destroyed in course of such removal, be kept in the custody, of the nearest police station and shall be destroyed or forfeited to the state, if no election petition is pending, after the expiry of a period of six months from the date of such custody.
 
 
(6) A police officer or any other member of a law enforcing agency may take, or cause to be taken, such steps or measures, including use of force, as may be necessary for performing any function or exercising any power under this Article.
 
 
(7) Any action taken under this Article shall be promptly communicated to the Commission, and also to the Returning Officer and the Assistant Returning Officer.
 
 
(8) Any action taken under this Article shall be in addition to, and not in derogation of, any other action or punishment that may be taken or imposed under any other provision of this Order.
 
 
(9) An action under this Article may be taken at anytime during the period from the date of the notification under clause (1) of Article 11 till the close of the poll in the entire constituency concerned (both days inclusive). ]

  • 1
    Article 87A was inserted by section 36 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 2
    Sub-clause (d) was omitted by section 24 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).
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