4. The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language
5. The propagation of the practice or the commission of sati or its glorification
6. The publication of any false statement of fact in relation to the personal character or conduct of any candidate
7. The hiring or procuring of any vehicle or vessel 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.
8. The incurring or authorizing of expenditure in contravention of ‘Account of election expenses and maximum limit’ prescribed under Section 77 of RPA, 1951.
9. Any assistance other than voting, that may further 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 gazetted officers; stipendiary judges and magistrates; members of the armed forces of the Union; members of the police forces; excise officers; revenue officers etc.
10. Booth capturing by a candidate or his agent or other person.
Electoral Offences: Chapter III of Part VII of RPA, 1951 provides for the following electoral offences:
1. Promoting Enmity between classes in connection with election
2. Penalty for filing false affidavit, concealing information, cases pending etc.
3. Prohibition of public meetings during period of 48 hours ending with hour fixed for conclusion of poll
4. Restriction on publication and dissemination of result of exit polls, etc.
5. Offences by companies
6. Disturbances at election meetings
7. Restrictions on the printing of pamphlets, posters, etc.
8. Maintenance of secrecy of voting
9. Officers, etc. at elections not to act for candidates or to influence voting
10. Prohibition of canvassing in or near polling stations
11. Penalty for disorderly conduct (Ex use of loudspeakers etc)in or near polling stations
12. Penalty for misconduct at the polling station
13. Penalty for failure to observe procedure for voting
14. Penalty for illegal hiring or procuring of conveyance at the elections
15. Breaches of official duty in connection with elections
16. Penalty for government servants for acting as election agent, polling agent or counting agent
17. Prohibition of going armed to or near a polling station
18. Removal of ballot papers from polling station to be an offence
19. Offence of booth capturing
20. Grant of paid holiday to employees on the day of poll
21. Liquor not to be sold, given or distributed on polling day
4.7.1. Difference between Electoral Offences and Corrupt Practices
CORRUPT PRACTICES | ELECTORAL OFFENCES | |
SOURCE | Corrupt practices at elections are presently specified in s 123 of the 1951 Act | Electoral offences are laid down both in the IPC and in the RPA, 1951 |
NET RESULT/EFFECT | When a corrupt practice is committed by a candidate or by someone else with his consent, it has the effect of vitiating the whole election and will result in the election of the candidate being declared void. | The commission of an electoral offence may not necessarily have such fatal bearing on the election result. |
EFFECT ON THE CONSTITUENCY | The whole constituency suffers in as much as the candidate loses his seat and the constituency goes without representation in the legislature. | Only the persons committing the electoral offences suffer for their criminal liability. |
MANNER OF REPORTING AND REDRESSAL | Any grievance relating to the commission of a corrupt practice can be initiated only after the election is over and only in an election petition in accordance with the provisions of art 329 and the RPA 1951. | Cognisance of an electoral offence can be taken as soon as it is committed and the process of law set in motion immediately thereafter, in the same manner in which any other criminal activity is investigated and tried under the provisions of the CrPC. |
PUNISHMENT | Committing a corrupt practice entails only certain civil disabilities, like, disqualification for voting and for contesting elections for certain period | any electoral offence if committed will be visited with criminal liability and may result in imprisonment or with fine or with both apart from attracting the civil disabilities of voting and contesting g elections in the case of certain specific electoral offences |
5. Code of Conduct
5.1. Model code of conduct
Salient Features of MCC: The MCC is a set of norms for conduct and behavior on the part of the Parties and candidates, in particular. MCC for guidance of political parties and candidates is a small but unique document that contains the following 8 parts:
(i) Part I of Model Code lays stress on certain minimum standards of good behaviour and conduct of political parties, candidates and their workers and supporters during the election campaigns;
(ii) Parts II and III deal with the holding of public meetings and taking out processions by political parties and candidates;
(iii) Parts IV and V describe as to how political parties and candidates should conduct themselves on the polling day and at the polling booths;
(iv) Part VI exhorts political parties and candidates to bring their complaints to the notice of the observers appointed by the Election Commission for remedial action;
(v) Part VII deals with the parties in power. This part is, in essence, the flesh and blood of Model Code, which deals with several issues relating to Government and its Ministers, such as visits of Ministers, use of Government transport and Government accommodation, announcements of various schemes and projects etc.
(vi) The newly added Part VIII says that election manifestoes shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code.
Need for Model Code of Conduct: Free and fair elections form the bedrock of democracy. This envisages a level playing field for the contestants and an equal opportunity for all parties for presenting their policies and programmes to voters. In this context the Model Code of Conduct (MCC) gains relevance. The need of MCC is felt for the following reasons:
1. to provide a level playing field for all political parties, keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order.
2. to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election.