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Two election cards
9 months ago
Today i got two election cards by post at home. I had applied from my village gram panchayat and other from cyber. Now i got the two cards so which one is valid and which one have to use??
A.Dear client,
One cannot be registered as a voter twice whether in the same constituency or in different constituencies. This is as laid down in sections 17 & section 18 of Representation of People Act, 1950.
Section 31 of said Act: Making false declarations.—If any person makes in connection with— (a) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.”
However, the above offence under Section 31 is a non-cognizable offence and the police does not have the power to register FIR and investigate the offence without the orders of the Magistrate, as required under Section 155(2) of the Criminal Procedure Code (Cr.P.C.). In the case of Keshav Lal Thakur v. State of Bihar, (1996) 11 SCC 557, the Supreme Court has clearly held that offence under Section 31 of the Representation of the People Act, 1950, is a non-cognizable offence.
One cannot be registered as a voter twice whether in the same constituency or in different constituencies. This is as laid down in sections 17 & section 18 of Representation of People Act, 1950.
Section 31 of said Act: Making false declarations.—If any person makes in connection with— (a) the preparation, revision or correction of an electoral roll, or (b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.”
However, the above offence under Section 31 is a non-cognizable offence and the police does not have the power to register FIR and investigate the offence without the orders of the Magistrate, as required under Section 155(2) of the Criminal Procedure Code (Cr.P.C.). In the case of Keshav Lal Thakur v. State of Bihar, (1996) 11 SCC 557, the Supreme Court has clearly held that offence under Section 31 of the Representation of the People Act, 1950, is a non-cognizable offence.
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