Section 135 Representation of the People Act, 1951

 Section 135 Representation of the People Act, 1951: 


Removal of ballot papers from polling station to be an offence.—

(1) Any person who at any election 1[unauthorisedly] takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.


Supreme Court of India Important Judgments And Leading Case Law Related to Section 135 Representation of the People Act, 1951:  

Bhika @ Sandeep Singh vs The State Of Madhya Pradesh Thr. on 20 July, 2015

A. B. K. Prasad vs State Of Andhra Pradesh And Others on 13 March, 1997

Suraj Mandal vs The State Of Jharkhand on 30 August, 2017

The State Election Commission& vs Punam Kumari & Anr on 22 August, 2008

Farzana Saba vs The State Election Commission& on 22 August, 2008


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