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Application for questioning the elections

§12C

Summary

3[12-C. (1) The election of a person, Pradhan 4[ x x x] or as members of a Gram Panchayat 5[ x x x] shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that–(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or(b) that the result of the election has been materially affected— (i) by the improper acceptance or rejection of any nomination ; or (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder. (2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act : (A) (1) Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivances of a candidate of any gratification to any person whomsover, with the object, directly or indirectly, of inducing (a) a person to stand or not to stand as or to withdraw from being a candidate at an election ; or (b) an elector to vote or refrain voting at an election ; or as a reward to– (i) a person for having so stood or not stood, or for having withdrawn his candidature ; or(ii) an elector for having voted or refrained from voting.(B) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right : Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who– (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community ; or (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause. (3) The application under sub-section (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed.

3[12-C. (1) The election of a person, Pradhan 4[ x x x] or as members of a Gram Panchayat 5[ x x x] shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that– (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or (b) that the result of the election has been materially affected— (i) by the improper acceptance or rejection of any nomination ; or (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder. (2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act : (A) (1) Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivances of a candidate of any gratification to any person whomsover, with the object, directly or indirectly, of inducing (a) a person to stand or not to stand as or to withdraw from being a candidate at an election ; or (b) an elector to vote or refrain voting at an election ; or as a reward to– (i) a person for having so stood or not stood, or for having withdrawn his candidature ; or (ii) an elector for having voted or refrained from voting. (B) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right : Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who– (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community ; or (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause. (3) The application under sub-section (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed.

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