Presidential Elections Act, 1937

Questions and oaths at elections.

30.—(1) No question, inquiry, or objection shall be put, made, or permitted during the poll as to the right of any person to vote, and no objection thereto shall be made or received by any presiding officer save only that the presiding officer may, and, if so required on behalf of any candidate, shall put to any person at the time of his applying for a ballot paper and not afterwards the following questions, or any two or one of them, viz.:—

(i) Are you the same person as the person whose name appears as A B on the register of electors now in force for the constituency of _____________

(ii) Have you already voted at this presidential election?

(iii) Have you attained the age of twenty-one years?

And unless such of those questions as are put to such person are answered, in the case of the first and third of those questions, in the affirmative and, in the case of the second of those questions, in the negative that person shall not vote.

(2) The presiding officer may, and, if so required on behalf of any candidate, shall administer to any person at the time of his applying for a ballot paper and not afterwards an oath or (in the case of any person who objects to take an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief) an affirmation in the following form:—

“I swear by Almighty God (or I, A B, do solemnly, sincerely and truly declare and affirm—as the case may be) that I am the same person as the person whose name appears as A B on the register of electors now in force for the constituency of _________________________ and that I have not already voted at this presidential election, and that I have attained the age of twenty-one years.”

(3) Save as is mentioned in this section, it shall not be lawful to require any person to take any oath or affirmation either in respect of his right to vote or any other matter whatsoever.

(4) It shall not be lawful to reject any vote tendered by any person whose name shall be upon the register of electors in force for the time being except by reason of its appearing to the presiding officer upon putting the questions aforesaid, or any two or one of them, that the person so claiming to vote is not the person whose name appears on such register as aforesaid, or that such person has already voted at that presidential election or that such person has not attained the age of twenty-one years or except by reason of such person refusing to answer the said questions, or any two or one of them, or to take the said oath or make the said affirmation.