PARLIAMENTARY DEBATES 657
Mr. Speaker: Has the Hon. Law Minister heard what the hon. member has stated ? He wishes that further consideration of clause 132 be postponed and be taken along with clause 122.
Dr. Ambedkar: I agree that it may be held over.
Clause 133 was added to the Bill.
Clause 134 was also added to the Bill.
Clause 135.— ( Other offences )
Amendment made:
After part (a) of sub-clause (1) of clause 135, insert the following:
“(aa) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or”.
—[ Dr. Ambedkar ]
The motion was adopted.
Clause 135, as amended, was added to the Bill.
Clause 136. —( Special provisions for complaint )
Amendment made:
For clause 136, substitute the following clause:
“136. Prosecution regarding certain offences. —(1) If the Election Commission or a Regional Commissioner appoiinted under clause
(4) of article 324 or the Chief Electoral Officer of the State has reason to believe that any offence punishable under section 128, or under section 133 or under clause (a) of sub-section (2) of section
135 has been committed in reference to any election within a State, it shall be the duty of the Election Commission, the Regional Commissioner or the Chief Electoral Officer, as the case may be, to cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to it or him to require.
(2) No court shall take cognizance of any offence punishable under section 128 or under section 133 or under clause (a) of sub-section ( 2 ) of section 135 unless there is a complaint made by order of or under authority from the Election Commission or a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State concerned.”
—[ Dr. Ambedkar ]
Mr. Speaker: The question is:
“That clause 136 as amended, stand part of the Bill.”
The motion was adopted.