NOMINATION OF CANDIDATES

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

(2) Without prejudice to the generality of the provisions of Sub-Section (1), whoever:-

(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be render an object of Divine displeasure or of spiritual pleasure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of Sub-Section (1)".

3.2 Section 171A of the Indian Penal Code defines Electoral Right to mean the right of a person to stand, or not to stand as, or to withdraw from being a candidate, or to vote or to refrain from voting at an election. The offences of `bribery' and `undue influence' under Sections 171B and 171C are punishable with imprisonment upto one year or with fine or with both under Sections 171E and 171F of the IPC.

3.3 Under Sections 123(1) and 123(2) of the Representation of the People Act, 1951, `bribery' and `undue influence' to interfere with the free exercise of electoral right of a person are corrupt practices which are grounds for declaring the election as void by the High Court and for disqualifying the persons found guilty.

4. While the jurisdiction to take action for a corrupt practice is vested with the High Court on an election petition, penal action can be initiated against the offenders in these cases under the relevant provisions of the Indian Penal Code by the Police authorities when the matter is reported to them by any one.

5. The Commission desired that as soon as any complaint or information of prevention, intimidation or use of force, bribery or undue influence, in the matter of nomination of candidates, or securing withdrawal of a candidate at any election is received by any Returning Officer or District Election Officer or Chief Electoral Officer, he shall report the matter forthwith to the Police Authorities for making necessary enquiries and to prosecute the offenders. The Returning Officers/District Election Officer/Chief Electoral Officer, shall at the same time, report the facts of each case to the Commission and send report on the progress on each such complaint periodically till such time the offenders are dealt with by the appropriate Courts at such time as the Commission directs the officers concerned not to send the progress reports anymore.

6. The above instructions of the Commission shall be scrupulously followed by all officers concerned.

7. Acknowledgement of the receipt of this letter is requested.



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