PART- XII
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CORRUPT PRACTICES AND ELECTORAL OFFENCES
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79.
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Corrupt practices, offences related to election and penalties
thereof.-
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The following
shall be deemed to be corrupt practices for the purpose of this Chapter:-
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(1)
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"Bribery",
that is to say.-
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(A)
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Any gift,
offer or promise by a candidate or his agent or by any other person with the
consent of a candidate or his election agent of any gratification, to any
person whomsoever, with the object, directly or indirectly of inducing;-
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(a)
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a person to
stand or not to stand as, or to withdraw or not to withdraw from being a
candidate at an election, or
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(b)
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an elector to
vote or refrain from voting at an election, or as a reward to-
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(i)
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a person for
having so stood or not stood, or for having withdrawn or not having withdrawn
his candidature; or
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(ii)
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an elector for
having voted or refrained from voting;
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(B)
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The receipt of
or agreement to receive, any gratification, whether as a motive or reward-
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(a)
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by a person
for standing or not standing as, or for withdrawing or not withdrawing from
being, a candidate; or
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(b)
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by any person
whomsoever for himself or any other person for voting or refraining from
voting, or inducing or attempting to induce any elector to vote or refrain
from voting, or any candidate to withdraw or not to withdraw his candidature.
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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,
but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and
duly entered in the account of election expenses.
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(2)
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Undue influence,
that is to 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
consent of the candidate or his election agent, with the free exercise of any
electoral right :
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Provided
that,-
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(a)
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without
prejudice to the generality of the provisions of this clause, any such person
as is referred to therein who,-
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(i)
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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
excommunication or expulsion from any caste or community, or
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(ii)
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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
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(b)
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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.
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(3)
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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 with the consent of a candidate
or his election agent, or the use of such vehicle or vessel for the free
conveyance of any elector (other than the candidate himself, the members of his
family or his agent) to or from any polling station:
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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 polling
station shall not be deemed to be a corrupt practice under this clause:
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Provided
further that, the use of any public transport vehicle or vessel or railway
carriage by any elector at own cost for the purpose of going to or coming
from any polling station shall not be deemed to be a corrupt practice.
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Explanation.- In this
clause and in the next succeeding 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 after vehicles or otherwise.
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(4)
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The use of
vehicles belonging to a society for the purposes of any election.
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(5)
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The incurring
or authorizing of expenditure in contravention of Rule 65.
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(6)
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Making special
advances of loans or otherwise favoring any elector or group of electors
between the date of declaration of programme for an election and the date of
declaration of the result thereof.
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80.
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Maintenance of secrecy of voting.-
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(1)
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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
authorized by or under any law) communicate to any person any information
calculated to violate such secrecy.
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(2)
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Any person who
contravenes the provisions of sub-rule (1) shall, on conviction, be punished
with imprisonment for a term which may extend to three months, or with fine,
or with both.
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81.
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Officers, etc., at elections not to act for candidates or to
influence voting.-
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(1)
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No person who
is a Returning Officer or an Assistant Returning Officer or a Presiding or
Polling Officer at an election, or an officer or clerk appointed by the
Returning Officer or the Presiding Officer to perform any duty in connection
with an election shall in the conduct or the management of the election do
any act (other than the giving of vote) for the furtherance of the prospects
of the election of a candidate.
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(2)
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No such person
as aforesaid, and no member of a Police Force, shall endeavor to,-
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(a)
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persuade any
person to give his vote at an election, or
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(b)
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dissuade any
person from giving his vote at an election, or
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(c)
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influence the
voting of any person at an election in any manner
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(3)
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Any person who
contravenes the provisions of sub-rule (1) or sub-rule (2) shall, on
conviction, be punished with fine which may be extending to one thousand
rupees.
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82.
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Prohibition of canvassing in or near polling station.-
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(1)
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No person
shall, on the date or dates on which a poll is taken at any polling station,
commit any of the following acts within the polling station or in any public
or private place within a distance of one hundred meters of the polling
station, namely :-
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(a)
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Canvassing for
votes; or
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(b)
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Soliciting the
vote of any elector; or
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(c)
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Persuading any
elector not to vote for any particular candidate; or
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(d)
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Persuading any
elector not to vote at the election; or
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(e)
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Exhibiting any
notice or sign (other than an official notice) relating to the election.
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(2)
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Any person who
contravenes the provisions of sub-rule (1) shall, on conviction, be punished
with fine which may extend to one thousand rupees.
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83.
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Penalty for disorderly conduct in or near polling stations.-
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(1)
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No person
shall, on the date or dates on which a poll is taken at any polling station,-
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(a)
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use or operate
within or at the entrance of the polling station, or in any public or private
place in the neighborhood thereof, any apparatus for amplifying or
reproducing the human voice, such as megaphone or a loud-speaker, or
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(b)
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shout, or
otherwise act in a disorderly manner, within or at entrance of the polling
station or in any public or private place in the neighborhood thereof, so as
to cause, annoyance to any person visiting the polling station for the poll,
or so as to interfere with the work of the officers and other persons on duty
at the polling station.
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(2)
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Any person who
contravenes, or willfully aids or abets the contravention of, the provisions
of sub-rule (1) shall, on conviction, be punished with fine which my extend
to one thousand rupees.
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(3)
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If the
Presiding Officer of a polling station has reason to believe that any person
is committing or has committed an offence punishable under this section, he
may direct any police officer to arrest such person and thereupon the police
officer shall arrest him.
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(4)
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Any police
officer may take such steps and use such force, as may be reasonably
necessary for preventing any contravention of the provisions of sub-rule (1)
and may seize any apparatus used for such contravention.
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84.
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Penalty for misconduct at the polling station.-
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(1)
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Any person who
during the hours fixed for the poll at any polling station misconducts
himself or fails to obey the lawful directions of the Presiding Officer may
be removed from the polling station by the Presiding Officer or by any Police
Officer on duty or by any person authorized in this behalf by such Presiding
Officer.
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(2)
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The powers conferred
by sub-rule (1) shall not be exercised so as prevent any elector who is
otherwise entitled to vote at a polling station from having an opportunity of
voting at that station.
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(3)
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If any person
who has been so removed from a polling station re-enters the polling station
without the permission of the Presiding Officer, he shall, on conviction, be
punished with fine which may extend to one thousand rupees.
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85.
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Penalty for illegal hiring or procuring of conveyances at elections.-
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If any person
is guilty of any such corrupt practice as is specified in clause (3) or (4)
of rule 79 at or in connection
with an election, he shall, on conviction, be punished with fine which may
extend to one thousand rupees.
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86.
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Removal of ballot papers from polling station to be an offence.-
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(1)
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Any person who
at any election fraudulently takes, or attempts to take, a ballot paper out
of a polling station, or willfully aids or abets the doing any such act,
shall, on conviction be punished with fine which may extend to one thousand
rupees.
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(2)
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If the Presiding
Officer of a polling station has reason to believe that any person is
committing or has committed an offence punishable under sub-rule (1), such
Officer may, before such person leaves the polling station, arrest or direct
a police officer to arrest such person and may search such person or cause
him to be searched by a police officer:
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Provided that,
when it is necessary to cause a woman to be searched, search shall be made by
another woman with strict regard to decency.
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(3)
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Any ballot
paper found upon the person arrested on search shall be made over for safe
custody to a police officer by the Presiding Officer, or when the search is
made by a police officer, shall be kept by such officer in safe custody.
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87.
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Other offences and penalties therefore.-
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A person shall
be guilty of an electoral offence, if at any election he,-
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(a)
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fraudulently
defaces or fraudulently destroys any nomination paper; or
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(b)
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fraudulently
defaces; destroys or removes any list, notice or other document affixed by or
under the authority of a Returning Officer; or
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(c)
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fraudulently
defaces or fraudulently destroys any ballot paper or the official mark on any
ballot paper or any declaration of identity or official envelop used in
connection with voting by postal ballot; or
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(d)
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without due
authority supplies any ballot paper to any person or receives any ballot
paper from any person or is in possession of any ballot paper; or
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(e)
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fraudulently
puts into any ballot box anything other than the ballot paper which he is
authorized by law to put in; or
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(f)
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without due
authority destroys, takes, opens or otherwise interferes with any ballot box
or ballot papers then in use for the purpose of the election; or
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(g)
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fraudulently
or without due authority, as the case may be, attempts to do any of the
foregoing acts or willfully aids or abets the doing of any such acts.
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(1)
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Any person
guilty of an electoral offence under this section shall be punished with fine
which may be extended to one thousand rupees.
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(2)
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For the
purposes of this section, a person shall be deemed to be on official duty if
his duty is to take part in the conduct of an election or part of an election
including the counting of votes or to be responsible after an election for
the used ballot papers and other documents in connection with such election,
but the expression "official duty" shall not include any duty
imposed otherwise than by or under this Act.
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