Corrupt practices

§78

Summary

The following shall be deemed to be corrupt practices for the purposes of this Act ; (1) Bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person, of any gratification to any person whomsoever, 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, or to retire from contest at an election ; (b) an elector to vote or refrain from voting at an election, or as a reward to— (i) a person for having so stood or not stood, or for having withdrawn his candidature, or for having retired from contest ; or (ii) an elector for having voted or refrained from voting. Explanation— For the purposes of this clause the term ―gratification‖ is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward. (2) Undue influence, that is too say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the free exercise of any electoral right at an election : Provided that— (a) 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 any elector is interested, with injury of any kind including social ostracism and excommunication 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 ; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause ; (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem for the furtherance of the prospects of that candidate‘s election. (4) The publication by a candidate or his agent or by any other person, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the candidature, or withdrawal, or retirement from contest, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate‘s election. (5) The procuring or abetting or attempting to procure by a candidate or this agent, the application by a person whether for a ballot paper in the name of any other person, whether living or dead or in a fictitious name, or by a person for a ballot paper in his own name when by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote. (6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person, for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under order issued in pursuance of section 46. Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power . Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station to replace fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation— In this clause, the expression ―vehicle‖ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or, by any other person, any assistance (other than the giving of vote), for the furtherance of the prospects of that candidate‘s election, from any person in the service of the Government and belonging to any of the following classes, namely ; (a) gazetted officers ; (b) stipendiary judges and magistrates ; (c) members of the armed forces of the Union ; (d) members of the police forces ; (e) excise officers ; (f) revenue officers including village accountants, such as patwaris, lekhpals, talatis, karnams and the like but excluding other village officers ; and (g) such other class of persons in the service of the Government as may be prescribed.

The following shall be deemed to be corrupt practices for the purposes of this Act ; (1) Bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person, of any gratification to any person whomsoever, 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, or to retire from contest at an election ; (b) an elector to vote or refrain from 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 for having retired from contest ; or (ii) an elector for having voted or refrained from voting. Explanation— For the purposes of this clause the term ―gratification‖ is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward. (2) Undue influence, that is too say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the free exercise of any electoral right at an election : Provided that— (a) 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 any elector is interested, with injury of any kind including social ostracism and excommunication 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 ; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause ; (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem for the furtherance of the prospects of that candidate‘s election. (4) The publication by a candidate or his agent or by any other person, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the candidature, or withdrawal, or retirement from contest, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate‘s election. (5) The procuring or abetting or attempting to procure by a candidate or this agent, the application by a person whether for a ballot paper in the name of any other person, whether living or dead or in a fictitious name, or by a person for a ballot paper in his own name when by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote. (6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person, for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under order issued in pursuance of section 46. Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power . Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station to replace fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation— In this clause, the expression ―vehicle‖ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or, by any other person, any assistance (other than the giving of vote), for the furtherance of the prospects of that candidate‘s election, from any person in the service of the Government and belonging to any of the following classes, namely ; (a) gazetted officers ; (b) stipendiary judges and magistrates ; (c) members of the armed forces of the Union ; (d) members of the police forces ; (e) excise officers ; (f) revenue officers including village accountants, such as patwaris, lekhpals, talatis, karnams and the like but excluding other village officers ; and (g) such other class of persons in the service of the Government as may be prescribed.

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