Section 79State of Maharashtra Act

Section 79: Corrupt practices, offences related to election and penalties thereof

Maharashtra Co-operative Societies (Election to Committee) Rules, 2014

Corrupt practices, offences related to election and penalties thereof.

- The following shall be deemed to be corrupt practices for the purpose of this Chapter.

(1)

"Bribery",That Is To Say,-

(A)

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 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-

(i)

a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or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 reward-

(a)by a person for standing or not standing as, or for 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 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 bonafide incurred at, or for the purpose of, any election and duly entered in the account of election expenses.

(2)

Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or by his agent, or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right : Provided that,-

(a)

without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who,-

(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 excommunication 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)

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.

(3)

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 with the consent of a candidate or his election agent, 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 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 polling station shall not be deemed to be a corrupt practice under this clause :Provided further that, the use of any public transport vehicle or vessel or railway carriage by any elector at own cost for the purpose of going to or coming from any polling station shall not be deemed to be a corrupt practice.Explanation. - In this clause and in the next succeeding 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 after vehicles or otherwise.

(4)

The use of vehicles belonging to a society for the purposes of any election.

(5)

The incurring or authorizing of expenditure in contravention of rule 65.

(6)

Making special advances of loans or otherwise favouring any elector or group of electors between the date of declaration of program for an election and the date of declaration of the result thereof.

Sec 78 — Election disputes

Sec 80 — Maintenance of secrecy of voting

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