Corrupt practices and electoral offencesState · Delhi

Section 27 of The Delhi Municipal Corporation Act, 1957

(1)Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2)The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3)If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(4)An offence punishable under sub-section (3) shall be cognizable.

Summary

This provision gives authority to remove anyone who misbehaves or disobeys lawful orders at a polling station.
The removal can be ordered or carried out by the presiding officer, a police officer on duty, or someone authorized by the presiding officer.
The power to remove a person cannot be used to deny an eligible voter their right to cast their vote.
If a person who was removed comes back into the polling station without the presiding officer's permission, they commit a punishable crime.
The punishment for re-entering without permission is imprisonment for up to three months, a fine, or both.
The offence of illegally re-entering the polling station is a cognizable offence, meaning police can arrest the offender without a warrant.

Practical examples

1On election day, November 12, 2026, a man named Vikram starts shouting aggressively at other voters inside a polling station. The presiding officer asks him to stop, but he refuses, so the officer directs a duty police constable to escort Vikram out of the building.

2After being removed for causing a physical disturbance earlier in the morning, a woman named Priya sneaks back into the polling area at 2:00 PM without asking the presiding officer. Because she returned without permission, she is arrested by the police and faces up to three months in prison.

FAQ

1. Can someone be removed from a polling station under Section 27 of the Delhi Municipal Corporation Act?

Yes, under Section 27 of the Act, if a person misbehaves or disobeys the presiding officer during voting hours, the presiding officer or a police officer can remove them from the polling station.

2. Will a person removed under Section 27 of the Delhi Municipal law lose their right to vote?

No, Section 27 says that removing someone from the polling station must not stop them from voting if they are otherwise allowed to vote there.

3. What is the punishment for sneaking back into a polling station under Section 27 of the 1957 Act?

Under Section 27 of the Act, if a removed person goes back in without the presiding officer's permission, they can face up to three months in prison, a fine, or both. This is also a cognizable offence (meaning police can arrest without a warrant).

Test yourself

Q1.Under Section 27 of The Delhi Municipal Corporation Act, 1957, what behaviour triggers the power to remove a person from a polling station?

Q2.Under Section 27 of The Delhi Municipal Corporation Act, 1957, which of the following individuals does NOT have the direct or delegated authority to remove a misbehaving person from the polling station?

Q3.According to Section 27 of The Delhi Municipal Corporation Act, 1957, what is the maximum prison sentence for a person who re-enters a polling station without permission after being removed?

Q4.Under Section 27 of The Delhi Municipal Corporation Act, 1957, what is a strict limitation on the power to remove someone from a polling station?

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