Section 134 of The Representation of the People Act, 1951
- (1)If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. 1[(1A) An offence punishable under sub-section (1) shall be cognizable.]
- (2)No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
- (3)The persons to whom this section applies are the 2*** 3[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with 4*** the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression official duty shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act 2***.
Summary
- This section punishes election officials who fail to do their jobs correctly.
- It applies to officers like returning officers, presiding officers, and those counting votes.
- If an official breaks their duty without a good reason, they can be fined.
- The maximum fine for this breach is five hundred rupees.
- No person can sue these officials for damages in court for these specific failures.
- This is a cognizable offence, meaning the police can arrest a suspect without a warrant from a judge.
Practical examples
FAQ
1. What is the penalty for an officer failing their election duty under Section 134 of The Representation of the People Act, 1951?
Under Section 134 of The Representation of the People Act, 1951, an official is punishable with a fine that may extend to five hundred rupees if they fail in their duties without a reasonable cause.
2. Can I sue an election officer for money if they make a mistake under Section 134 of The Representation of the People Act, 1951?
No, Section 134 of The Representation of the People Act, 1951 states that no suit or other legal proceedings for damages can be brought against officials for these acts or omissions.
3. Can the police arrest an officer without a warrant under Section 134 of The Representation of the People Act, 1951?
Yes, under Section 134 of The Representation of the People Act, 1951, this is a cognizable offence, which allows the police to make an arrest without a warrant.
Test yourself
Q1.Under Section 134 of The Representation of the People Act, 1951, what is the maximum fine for a polling officer who is guilty of a breach of official duty?
Q2.Which of these people is NOT listed as someone who can be punished under Section 134 of The Representation of the People Act, 1951?
Q3.Under Section 134 of The Representation of the People Act, 1951, what does it mean that an offence is cognizable?
Q4.Under Section 134 of The Representation of the People Act, 1951, if a returning officer loses a candidate's nomination form, can the candidate sue for damages?