The following shall be deemed to be corrupt
practices, namely :––
(i) bribery as defined in 1[Representation of the People Act, 1951 (43 of 1951] ;
(ii) undue influence as defined in 2[Representation of the People Act, 1951] ;
(iii) an appeal by a candidate or agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting on ground of caste, race, community or religion 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 that candidate’s election ;
(iv) the publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or doesn’t believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonable calculated to prejudice the prospects of that candidate’s election ;
(v) 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 the candidate or his election agent for conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act :
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint cost for the purpose of conveying him or them to or from any such polling station 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 powers :
Provided further that the use of any public transport vehicle or vessel or any railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station 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.
(vi) the holding of any meeting in which intoxicating liquors are served ;
(vii) the issuing of any circular, placard or poster having a reference to the election which doesn’t bear the name and address of the printer and publisher thereof ;
(viii) any other practice which the Government may by rules specify to be corrupt practice.
(i) bribery as defined in 1[Representation of the People Act, 1951 (43 of 1951] ;
(ii) undue influence as defined in 2[Representation of the People Act, 1951] ;
(iii) an appeal by a candidate or agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting on ground of caste, race, community or religion 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 that candidate’s election ;
(iv) the publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or doesn’t believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonable calculated to prejudice the prospects of that candidate’s election ;
(v) 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 the candidate or his election agent for conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act :
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint cost for the purpose of conveying him or them to or from any such polling station 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 powers :
Provided further that the use of any public transport vehicle or vessel or any railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station 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.
(vi) the holding of any meeting in which intoxicating liquors are served ;
(vii) the issuing of any circular, placard or poster having a reference to the election which doesn’t bear the name and address of the printer and publisher thereof ;
(viii) any other practice which the Government may by rules specify to be corrupt practice.
1. Substituted for “section 132 of the Jammu and Kashmir Representation of the People Act, 1957” by S.O. 3466 of 2020 dated 5.10.2020. 2. Substituted for “sub-section (2) of section 132 of the Jammu and Kashmir Representation of the People Act, 1957” ibid.