Section 128
Maintenance of Secrecy of voting.
The Representation of the People Act, 1951
About this Act
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
(1) Every officer, clerk, agent or other person who
performs any duty in connection with the recording or counting of votes at an election shall maintain, and
aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or
under any law) communicate to any person any information calculated to violate such secrecy:
1[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
1[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
Notes
1. Ins. by Act 40 of 2003, s. 5 (w.e.f. 28-8-2003).