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26. Voting by electors under preventive detention.-

(1) Notwithstanding anything in the fore going provisions of this Chapter, an elector may, if he is subjected to preventive detention under any law for the time being in force, give his vote by postal ballot.

(2) The Election Commission shall send by registered post to the officer-in-charge of the jail or other place where the elector is detained the appropriate ballot paper, together with a form of declaration of identity and attestation of signature and necessary envelopes specially prepared for the purpose and a letter of instructions, so as to reach that officer in good time before the date fixed for polling.

(3) On the date of polling the said officer shall deliver the ballot paper and other necessary papers to the elector, allow him all reasonable facilities and sufficient time, not exceeding two hours, for recording his vote in accordance with the instructions of the Election Commission, and if and when the elector has so recorded his vote, send the ballot paper and other connected papers in a sealed cover, either by registered post or through a special messenger, to the Returning Officer so as to reach him before the time fixed for the counting of votes under rule 27.

(4) It shall be the duty of every Government to intimate to the Election Commission at the appropriate time the names of electors, if any, who are subjected to preventive detention by or under the authority of that Government, together with the necessary particulars as to their places of detention.

Presidential and Vice-Presidential Elections Act, 1952 Back

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