Legal Provisions
1. Indian Penal Code 1860 171B. Bribery: -(1) Whoever-
(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right, or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right,
commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this Section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.
171E. Punishment for bribery- Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Provided that bribery by treating shall be punished with fine only.
Explanation - "Treating" means that form of bribery where the gratification consists in food, drink,
entertainment, or provision.
171F. Punishment for undue influence or personation at an election; - Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
171H. Illegal payments, in connection with an election - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:
Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.
1711. Failure to keep election accounts. - Whoever being recruited by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.
2. The Representation of the People Act, 1951
Account of election expenses and maximum thereof (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election, incurred or authorized by him or by his election agent between [the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
[Explanation 1.- For removal of doubts, it is hereby declared that----
(a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorized by a candidate of that political party or his election agent for the purposes of this sub-section
(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this sub-section.
Explanation 2.- For the purposes of clause (a) of Explanation 1, the expression "leaders of a political party", in respect of any election, means. -
(i) where such political party is a recognized political party, such persons not exceeding forty in number, and
(ii) where such political party is other than a recognized political party, such persons not
exceeding twenty in number,
whose names have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of notification for such election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act,
Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.]
(2) The account shall contain such particulars, as may be prescribed
(3) The total of the said expenditure shall not exceed such amount as may be prescribed.
(As per explanation 1(a) read with Explanation 2 under sub-section (1) of Section 77 of the Representation of the People Act, 1951, the expenditure incurred by leaders of political party on account of travel for propagating programme of the party shall not be deemed to be expenditure in connection with the election, incurred or authorized by the candidate or his agent)
Lodging of account with the District Election Officer.- [(1)] Every contesting candidate at an
election shall, within thirty days from the date of election of the retumed candidate or, if there are
more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the [ district election officer] an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77
10A. Disqualification for failure to lodge account of election expenses.- if the Election Commission
is satisfied that a person- (a) has failed to lodge an account of election expenses within the time and in the manner required
by or under this Act, and
(b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.
123. Corrupt practices.- The following shall be deemed to be corrupt practices for the
this Act:-
3[(1) "Bribery", that is to say-
purposes of
(4) 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-
(a) a person to stand or not to stand as, or 4[to withdraw or not to withdraw] from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to- (1) a person for having so stood or not stood, or for 5[having withdrawn or not having
withdrawn] his candidature, or (ii) an elector for having voted or refrained from voting:
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward-
(a) by a person for standing or not standing as, or for 6[withdrawing or not withdrawing] from being, a candidate, or
(b) 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 4[to withdraw or not to withdraw] his candidature.
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 referred to in section 78.]
(2) 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 7[with the consent of the candidate or his election agent], 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-
(a)
(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;
(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.
1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate
or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language 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 the election of that candidate or for prejudicially affecting the election of any candidate: 2[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious
symbol or a national symbol for the purposes of this clause.]
(34) The promotion of or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
(4) The publication by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent], 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, or in relation to the candidature, or withdrawal. 5*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(5) 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 4[with the consent of a candidate er his election agent], 6[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 provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll:
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 or place 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.
(6)
The incurring or authorizing of expenditure in contravention of section 77.
(7)
The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person I[with the consent of a candidate or his election agent], 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:
revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions, and]
(g) such other class of persons in the service of the Government as may be prescribed: [Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of /the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.]
4[(8) booth capturing by a candidate or his agent or other person.] Explanation (1) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.
(2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent 1*** of that candidate.]
2[(3) For the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Goverment shall be conclusive
proof- (i) of such appointment, resignation, termination of service, dismissal or removal from service. as the case may be, and
(ii) where the date of taking effect of such appointment, resignation, termination of service. dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.]
3[(4) For the purposes of clause (8), "booth capturing" shall have the same meaning as in section 135A]
125A. Penalty for filing false affidavit, etc.-A candidate who himself or through his proposer, with intent to be elected in an election.-
(i) fails to furnish information relating to sub-section (1) of section 334. or
(ii) give false information which he knows or has reason to believe to be false; or
(ii) conceals any information,
in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
127A. Restrictions on the printing of pamphlets, posters etc.-(1) No person shall print or publish, or
cause to be printed or published, any election pamphlet or poster which does not bear on its face
the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster-
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by
two persons to whom he is personally known, is delivered by him to the printer in duplicate.
and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,
(i) where it is printed in the capital of the State, to the Chief Electoral Officer, and
(ii)
in any other case. to the district magistrate of the district in which it is printed.
(3) For the purposes of this section. -
(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly, and
(b) "election pamphlet or poster" means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to two thousand rupees, or with both.
29 B. Political parties entitled to accept contribution- Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company:
Provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).
Explanation-For the purposes of this section and section 29C-
(a) "company" means a company as defined in section 3.
(b) "Government company" means a company within the meaning of section 617, and
(c) "contribution" has the meaning assigned to it under section 293A, of the Companies Act 1956 (1 of 1956) and includes any donation or subscription offered by any person to political party, and
(d) "person" has the meaning assigned to it under clause (31) of section 2 of the Income-tax Act, 1961 (43 of 1961), but does not include Government company, local authority and every artificial juridical person wholly or partially funded by the Government.
29 C. Declaration of donation received by the political parties-
(1) The treasurer of a political party or any other person authorized by the political party in this behalf shall, in each financial year, prepare a report in respect of the following, namely: (a) the contribution in excess of twenty thousand rupees received by such political
party from any person in that financial year.
(b) the contribution in excess of twenty thousand rupees received by such political party from companies other than Government companies in that financial year [Provided that nothing contained in this sub-section shall apply to the contributions received
by way of an electoral bond.
Explanation-For the purposes of this sub-section, "electoral bond" means a bond referred to in
the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934 (2 of 1934).1 (2) The report under sub-section (1) shall be in such form as may be prescribed.
(3) The report for a financial year under sub-section (1) shall be submitted by the treasurer of a
political party or any other person authorized by the political party in this behalf before the
due date for furnishing a return of its income of that financial year under section 139 of the
Income-tax Act, 1961 (43 of 1961), to the Election Commission.
(4) Where the treasurer of any political party or any other person authorized by the political party in this behalf fails to submit a report under sub-section (3) then, notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), such political party shall not be entitled to any tax relief under that Act.
3. The Election Symbols (Reservation and Allotment) Order, 1968:
16A: Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission-Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National Party or as a State Party under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Guidance of Political Parties and "Candidates" as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular. the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be. the State party.
4. The Conduct of Elections Rules, 1961
85B. Form of contributions report-The report for a financial year under sub-section (1) of section 29C shall be submitted in Form 24A by the treasurer of a political party or any other person authorised by the political party in this behalf, before the due date for furnishing a return of its income of that financial year under section 139 of the Income tax Act, 1961 (43 of 1961), to the Election Commission.
86. Particulars of account of election expenses. (1) The account of election expenses to be kept by a candidate or his election agent under section 77 shall contain the following particulars in respect of each item of expenditure from day to day, namely:-
(a) the date on which the expenditure was incurred or authorized;
(b) the nature of expenditure (as for example, traveling, postage or printing and the like).
(c) the amount of expenditure-
(i) the amount paid;
(ii) the amount outstanding.
(d) the date of payment.
(e) the name and address of the payee
(f) the serial number of vouchers, in case of amount paid;
(g) the serial number of bills, if any, in case of amount outstanding.
(h) the name and address of the person to who the amount outstanding is payable.
(2) A voucher shall be obtained for every item of expenditure unless from the nature of the case, such
as postage, travel by rail and the like, it is not practicable to obtain a voucher
(3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1).
(4) It shall not be necessary to give the particulars mentioned in item (e) of sub- rule (1) in regard to items of expenditure for which vouchers have not been obtained under sub-rule (2).
87. Notice by [district election officer] for inspection of accounts.- The [district election officer] shall, within two days from the date on which the account of election expenses has been lodged by a candidate under section 78, cause a notice to be affixed to his notice board, specifying-
(a) the date on which the account has been lodged,
(b) the name of the candidate, and
(c) the time and place at which such account can be inspected.
88. Inspection of account and the obtaining of copies thereof.- Any person shall on payment of a fee of one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof
89. Report by the [District Election Officer] as to the lodging of the account of election expenses and the decision of the Election Commission thereon.
(1) As soon as may be after the expiration of the time specified in section 78 for the lodging of accounts of election expenses at any election, the [district election officer] shall report to the Commission-
(a) the name of each contesting candidate:
(b) whether such candidate has lodged his account of election expenses and if so, the date a
which such account has been lodged, and
(c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules.
(2) Where the District Election Officer is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these rules, he shall with every such report forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it.
(3) Immediately after the submission of the report referred to in sub-rule (1) the [district election officer) shall publish a copy thereof affixing the same to his notice board.
(4) As soon as may be after the receipt of the report referred to in sub-rule (1), the Election Commission
shall consider the same and decide whether any contesting candidate has failed to lodge the account
of election expenses within the time and in the manner required by the Act and these rules.
(5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section 10A for the failure.
(6) Any contesting candidate who has been called upon to show cause under sub- rule (5) may within 20 days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the District Election Officer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account.
(7) The District Election Officer shall, within 5 days of the receipt thereof, forward to the Election Commission the copy of the representation and the account (if any) with such comments as he wishes to make thereon.
(8) If, after considering the representation submitted by the candidate and the comments made by the District Election Officer and after such inquiry as it thinks fit, the Election Commission is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be disqualified under section 10A for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.
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