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Corrupt Practices and Electoral offences

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Chapter II

1. Corrupt practices-The following shall be deemed to be corrupt practice for the purposes of this Act :-

  • Bribery as defined in clause (1) of section 123 of the Representation of the people Act, 1951 (43 of 1951).
  • Under influence as defined in clause (2) of the said section.
  • The systematic appeal by a candidate or his agent or by any other person, to vote or refar in from voting on grounds of cast, 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.
  • The publication by a candidate or his agent or by 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 personal character or conduct of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate’ election.

  • 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, and the member of this family or his agent) to or from any polling station provided in accordance with the rules made under this Act.

    Provided that the hiring of vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or  them to or from any such polling station 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 tramear or railway carriage by an elector at this own cost for the purpose of going to or coming from any such polling station 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 use for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

  • The holding of any meeting in which intoxication liquors are served.
  • The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof.
  • Any other practice which the Central Government may by rules specify to be a corrupt practice.

2. Maintenance of secrecy of voting :-

  • Every officer or 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) communication to my person any information calculated to violated such secrecy.
  • Any person who contravenes the provisions of sub-sections (1) shall be punishable with imprisonment for a team which may extend to three months or with fine, or with both.

3. Officers,  etc at election not to act for a candidates or to influence voting :-

  • No person who is a returning officer, or an assistant returning officer or a presiding officer 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 or a member of a police force shall the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.
  • No such person as aforesaid shall endeavor-
    • To persuade any person to giver his vote at an election.
    • To dissuade  any person  form giving his vote at an election.
    • To influence the voting of any person at an election in any manner.
  • Any person who contravenes the provisions of sub-section (1) or sub-section (2)shall be punishable with imprisonment for a team which may extend to six months, or with fine, or with both.

4. Prohibition of canvassing in or near polling station and of public meeting on election day :-

a. No person shall, on the date or dates  on which the 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 on hundred yard of the polling station, namely:-

  • Canvassing for votes.
  • Soliciting the vote of any elector.
  • Persuading any elector not to vote for any particular candidate.
  • Persuading any elector not to vote at the election.
  • Exhibition any notice or sign (other than official notice) relating to the election.

b. No person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is taken for an election in the ward.

c. Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to two hundred and fifty rupees.

d. An offence punishable under this section shall be cognizable.

5. Penalty for disorderly conduct in or near polling station :-

  • No person shall, on the date or dates on which a poll is taken at any polling station-

    A. use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker.

    B. shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighboured 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 officer and other person on duty at the polling station.

  • Any person who contravenes or willfully aids or abets the contravention of 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.
  • If the presiding officer of a polling station  has reason to be 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.
  • Any police officer may take such step and use such force, as may be reasonable necessary for preventing any contravention of the provisions of sub-section(1), and  may sieze any apparatus used for such contravention.
  • An offence punishable under this section shall be cognizable.

6. Penalty for misconduct at the polling station :-

  • Any person who during the hours fixed for the poll at any polling station, misconduct himself or fails to obey the lawful direction 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.
  • The powers conferred  by sub-section (1)Shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting  at the station. 
  • If any person who has been so removed from a polling station, re-enters the polling station without the permission of he presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
  • An offence punishable under sub-section (3) shall be cognizable.

7. Breaches of Official duty in connection with election :-

1. If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

2. No suit or other legal proceedings shall lie against any such person for damages in  respect of any such of omission as aforesaid. 

  • the procedure in contested and uncontested elections and the special procedure at elections in ward where any seat is reserved for the Scheduled Castes [and women] .
  • the date, time and place for poll and other matters relating to the conduct of elections including.
    • The appointment of polling stations for each wards.
    • The hours during which the polling station shall be kept upon for he causing of votes.
    • The printing and issue of ballot papers,
    • The checking of votes by reference to the electoral roll,
    • With indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the deliver of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation  of votes. the manner in which votes are to be given and in particular in the case of illiterate voters or of votes under physical or other disability. 
    • The procedure to be followed in respect of challenged votes and tendered votes.
    • The security of votes, counting of votes, the declaration of the results and the procedure in case of equality of voters or in the event of a councilor being elected to represent more than one ward.
    • The holding of a fresh poll in the  case of destruction of or tempering with ballot boxes before the count.
    • The countermanding of the poll in the case of the death of a candidate before the poll;
    • The requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition.
  • The fee to be paid on an election position.
  • Any other matter [relating to electoral roll or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which  this Act makes no provisions or makes insufficient provision and provisions, in the opinion of the Central Government necessary.

3. In making any rule under this section the Central Government may provide that any contraventions there of shall be punishable with fine which may extend to one hundred rupees.

3.1 For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any 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.

3.2 An offence punishable under clause (b) of sub-section (2) shall be cognizable.

3.3 No court shall take cognizance of any offence under section 24,  or under section 28, on under clause (a) of sub-section (2) of this section unless there is complaint made by order of or under authority from the [Election Commission].

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