Booth Capturing in Election Law, Definition, Section 135A

Booth Capturing: Recently booth capturing is in the news because the Election Commission announced re-polling in the Parthampur polling station of Gujarat’s Dahod LS seat, after an allegation of booth capturing. A video circulating on social media purportedly showed a son of a BJP leader, attempting to capture a polling booth and engage in fraudulent voting. Allegedly, he captured a polling booth in Dahod, Gujarat, and live-streamed from inside the poll booth.

Meaning of Booth Capturing

Booth capturing refers to the illegal activity of forcibly taking over a polling station during elections. It involves intimidating voters, disrupting the voting process, and manipulating ballot boxes to influence the election outcome in favour of a particular candidate or party. Booth capturing undermines the democratic process by denying voters their right to freely and fairly cast their votes.

• Booth capturing is a corrupt practice under the Representation of the People Act, 1951 (“RPA”).
• Section 123 of the RPA, lays down what is considered to be a “corrupt practice” for elections to Parliament/State Assemblies.

Activities included Booth Capturing

Booth capturing, as defined in this section, encompasses various activities to disrupt the electoral process. These activities include-

• seizing a polling station or designated polling area, compelling polling authorities to surrender ballot papers or voting machines, and any other action that disrupts the orderly conduct of elections.
• taking control of a polling station and allowing only supporters of a particular individual or group to vote, thereby impeding others from exercising their right to vote freely.
• involves coercing, intimidating, or threatening voters, directly or indirectly, to deter them from casting their votes at the polling station.
• seizing a location designated for vote counting, forcing counting authorities to surrender ballot papers or voting machines, and any other action that disrupts the orderly counting of votes.
• doing/aiding/conniving at any of the aforesaid activities by any person in government service in furtherance of prospects of the election of a candidate.

Punishment of Booth Capturing

Candidates here can check the Punishment for Booth Capturing below:

• Section 135A of the Act addresses the serious offence of booth capturing, outlining the penalties for those found guilty.
• The section stipulates that anyone who engages in booth capturing can face imprisonment ranging from one to three years, along with a fine.
• However, if the offender happens to be a Government official, the punishment escalates to imprisonment for a minimum of three years, extending up to five years, in addition to a fine.
• The offence is cognizable, meaning, an arrest can be made without a warrant.

Disqualification from Parliamentary or State Legislative Membership

• Disqualification from Parliamentary or State Legislative membership due to booth capturing is outlined in Section 8 of the Representation of the People Act (RPA).
• If an individual is convicted of booth capturing (as per Section 135A), they face disqualification under the following conditions:
• If fined, they are disqualified for 6 years from the date of conviction.
• If imprisoned, they are disqualified from the date of conviction until 6 years after their release.
• The decision on disqualification and its duration rests with the President. The President must consult the Election Commission (EC) and act upon their opinion, as stipulated in Section 8A of the RPA.

Consequences of Booth Capturing

There are some consequences of Booth Capturing which we have provided below:

• According to Section 58A of the Representation of the People Act (RPA), if booth capturing occurs at a polling station or a designated voting/counting location in a manner that prevents the determination of results, the respective Returning Officer must promptly notify the Election Commission (EC).
• Upon receiving such a report, the EC evaluates all pertinent circumstances and has two courses of action:
• It may declare the ongoing poll null and void, scheduling a new poll day and time, which will be duly notified.
• If the Election Commission finds that booth capturing is happening in many polling stations or counting centres and it could greatly affect the election result, it can cancel the whole election process in that constituency.

Conclusion

In conclusion, booth capturing remains a serious threat to the integrity of democratic elections. The legal provisions outlined in the Representation of the People Act (RPA) are crucial in addressing instances of booth capturing and ensuring fair and transparent electoral processes. Through swift actions such as adjourning polls or countermanding elections when necessary, authorities can uphold the sanctity of the democratic system and protect the rights of voters.

However, continued vigilance, stringent enforcement, and public awareness are essential to combatting this electoral malpractice effectively and safeguarding the fundamental principles of democracy as suppression of voter choice by booth capturing, etc. is against the spirit of democracy.

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