NOMINATION OF CANDIDATES

Directions on prevention, intimidation, use of force in matter of nomination of candidates belonging to weaker sections.

--------------- ---------------ELECTION COMMISSION OF INDIA

3/ER/94/J.S.II --------------- --------------- --------------- -----------Dated : 16th August, 1994,
Addressed to the Chief Electoral Officers (All States and Union Territories) and the Chief Secretaries, (All States and Union Territories)
_____________________________________________________________________

Subject :- Prevention, intimidation, use of force, etc. in the matter of nomination of candidates belonging to weaker sections and bribery and for setting up or securing withdrawal of candidates.

I am directed to say that instance have come to the notice of the Election Commission where candidates belonging to weaker sections are prevented from filing their nomination by coercion, abduction, intimidation, wrongful confinement or use of force, etc., Similarly, instances have also come to the notice of the Commission where bribery and undue influence are resorted to by some influential candidates or their election agents or supporters for securing withdrawal of candidatures.

2. The Commission takes a very serious view of these practices which erode the very basic principles of free and fair elections. The Commission is constrained to say that even though under the Election Law and the Indian Penal Code these acts constitute election offences deserving severe punishment, most of these offences are not taken note of or enquired into leave alone punishing the culprits.

3.1 The Specific provisions which exist in the Indian Penal Code to deal with such cases of electoral offences are reproduced below :-

---------------"Section 171B of the Indian Penal Code- Bribery at elections :

(1) Whoever -

(i) gives a gratification to any person with the object of including him or any other person to exercise any electoral right or of rewarding any person for having exercise any intimidation, wrongful confinement or use of force, intimidation, wrongful confinement or use of force, 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:

(1) 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.

Section 171C of the Indian Penal Code-
Under influence at elections :-

(1) Whoever voluntarily interfere or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.



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