Representation of the People Act, 1951 | Electoral offences

Section 132A: Penalty for Failure to Observe Procedure for Voting

Section 132A of the Representation of the People Act, 1951 addresses the consequence when an elector who has received a ballot paper refuses to follow the prescribed voting procedure. The statutory consequence is cancellation of that ballot paper, not imprisonment or a monetary fine under this section.

Text of Section 132A of the Representation of the People Act, 1951

If any elector to whom a ballot paper has been issued refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.

The expression elector refers to a person entitled to vote in the election under the applicable electoral law. The prescribed procedure is the procedure laid down under the election rules applicable to the relevant poll.

What does Section 132A mean?

Where a ballot paper has been issued to a voter, the voter must comply with the prescribed steps for casting the vote. If the voter refuses to observe those steps, the issued ballot paper is liable to be cancelled. This protects the orderly administration and secrecy of voting.

The provision is specific to the cancellation of a ballot paper. It does not itself specify a term of imprisonment, a fine, or that the conduct is a cognizable offence. Its title uses the word "penalty", but the consequence stated in the section is cancellation.

It is important to distinguish a deliberate refusal to follow voting procedure from a voter who needs lawful assistance or has difficulty understanding the process. Election officials must apply the governing rules, including applicable provisions for assistance and special voting situations.

Procedure for voting and related legal provisions

The Conduct of Elections Rules, 1961 contain detailed procedures for the issue, marking, handling, cancellation and accounting of ballot papers where ballot-paper voting is applicable. In particular, Rule 39 addresses voting procedure in the relevant ballot-paper framework, and Rule 41 deals with spoiled and returned ballot papers. The applicable rule must be checked for the election and voting method concerned.

At many parliamentary and assembly polling stations, voting takes place through electronic voting machines (EVMs) rather than an ordinary ballot paper. The EVM voting framework is separately addressed in the Conduct of Elections Rules, 1961, including Rule 49M (maintenance of secrecy of voting by electors within the polling station and voting procedure) and Rule 49O (elector deciding not to vote). Section 132A should not be read as automatically making every EVM-related procedural irregularity a ballot-paper cancellation case.

Section 128 of the Representation of the People Act, 1951 separately safeguards the secrecy of voting by persons performing election duties. Section 132 separately deals with misconduct at a polling station. These provisions have distinct requirements and consequences.

Frequently asked questions

What is the punishment under Section 132A?

The ballot paper issued to an elector who refuses to observe the prescribed voting procedure is liable to cancellation. Section 132A does not prescribe imprisonment or a fine.

Does Section 132A apply to every voter who makes a mistake?

The section refers specifically to an elector who refuses to observe the prescribed procedure. Mistakes, spoiled ballot papers and requests for assistance may be governed by different election rules.

Is Section 132A the same as misconduct at a polling station?

No. Section 132 deals with misconduct at a polling station, whereas Section 132A addresses refusal to observe the prescribed procedure after issue of a ballot paper.

Official legal resources

Read the provision with the current rules and official instructions applicable to the particular election and method of voting.