Section 128. Maintenance of Secrecy of voting

128. Maintenance of Secrecy of voting.— (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy: 4[Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.] (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. 1. Subs. by Act 21 of 1996, s. 11, for certain words (w.e.f. 1-8-1996). 2. Ins. by s. 11, ibid. (w.e.f. 1-8-1996). 3. Ins. by Act 40 of 1961, s. 26 (w.e.f. 20-9-1961). 4. Ins. by Act 40 of 2003, s. 5 (w.e.f. 28-8-2003).