Commentaries on Corrupt Practices in Election Law

Commission of corrupt practices is the most important ground for declaring an election void. This work extensively deals with all aspects of corrupt practices in elections.

The study covers all reported cases decided by the Supreme Court, High Courts and Election Tribunals up-to-date. All aspects of substantive law have been discussed under more than 200 subtitles. Procedural aspects such as filing of election petitions, pleadings, jointer of parties ', etc. are dealt with. The chapter dealing with the powers and functions of the Election Commission provides discussion on the role of the Election Commission in the election process.

The book provides a critical analysis of over 200 legal principles. It also contains a theoretical discussion on important topics like significance of elections in a democracy, role of law in ensuring free and fair elections, causes for corrupt practices, role of political parties, role of religion in the election process, desirability of prohibiting religious and communal political parties, election financing, government servants and politics, criminalisation of elections, etc.

The book serves as a very valuable reference as it contains synopsis of each chapter, bibliography and a detailed subject-index.

• Gujarat Law Reporter : There is a list of table of cases and an exhaustive subject index from which it is easier to find out any minor topic. Today, it is very common to make corrupt practice in election. This book will be useful to those who are concerned about it.

                   Generally 14
                   Offer of Money 16
                   Allotment of Discretionary Grants, etc by a Minister 17
                   Bargaining with Electors 20
                   Giving Unfair Advantage to an Individual Elector 23
                   Violation of the Code of Conduct 24
                   Bribery and Charity 24
                   Treating of Voters 31
                   Mass Feeding 34
                   Bribery and Entertainment 34
                   Offer to Give Employment 36
                   Offer to Give Seat in Next Election 37
                   Paying Money to Influential Persons 38
                   Giving Financial Assistance to Another Candidate 39
                   Payment to Workers 41
                   Payment as Part of a Custom 43
                   Payment for Withdrawing or Not Withdrawing 44
                   Payment for Defection 47
                   Conclusion 49

                   Generally 50
                   Fraudulent Device 53
                   Stage at Which Undue Influence had to be Exercised 54
                   Using Physical Force 55
                   Appointing Criminals as Polling Agents 57
                   Canvassing of Votes by Dacoits 57
                   The Problem of Criminalization of Election 57
                   Spiritual Intimidation 59
                   Threat of Social Ostracism and Excommunication 74
                   Role of the Political Parties and Their Leaders 75
                   False Statements 82
                   Using the Flag of Another Political Party 84
                   Proviso to Section 123(2): A protective umbrella 85
                   Booth Capturing 88
                   Conclusion 90

                   Generally 92
                   Object of the Provision 93
                   Ambit of the Provision 95
                   Constitutional Validity 98
                   Different Forms of Religious and Communal Appeal 99
                   Religious and Communal Parties and Election Campaign 112
                   His Religion, Race 115
                   Appeal on the Ground of Race and Community 119
                   Appeal to Religious Symbols 120
                   Appeal to National Symbols 127
                   Appeal on the Ground of Language 129
                   Conclusion 130

                   Generally 134
                   Difference Between Sections 123(3) and 123(3-A) 135
                   Appeal to Refrain from Voting 135
                   Promoting Hatred Among the Members of the Same Caste 136
                   Attack on Government Policy 136
                   Presenting an Organization as the Enemy of a Religion 137
                   Political Party as a Class of Citizens 139
                   False Allegations 140
                   Appeal to Vote for Teaching a Religious Group a Lesson 141
                   Relation Between Sections 123(3-A) and 125 142
                   Propagation of the Practice of Commission of Sati 142

                   Generally 144
                   Constitutional Validity 145
                   Statement of Fact 146
                   Public Conduct and Personal Character and Conduct 149
                   Allegation of Financial Irregularities 156
                   Educational Qualification 159
                   Allegation Regarding Moral Qualities 160
                   Candidature of a Candidate 162
                   Publication of False Dummy Ballot Papers 164
                   Attributing New Meanings to Election Symbol 164
                   Statement of Opinion 165
                   Publication of Estimates of Votes 166
                   Innuendo 166
                   False Statements in Relation to Political Parties 167
                   Believes to be True Does not Believe to be False 169
                   ''Reasonably Calculated to' ': Its Ambit 171
                   Different Forms of Publication of Statements 172
                   Conclusion 174

                   Generally 176
                   Ambit of the Provision 177
                   Procuring: Meaning of 178

                   Money Power in Election 180
                   Need of Public Financing 181
                   Limitations Imposed by the Statute 183
                   Failure to keep Accounts 185
                   Amount Paid for getting Party Ticket 186
                   Amount Spent after the Declaration of the Result 187
                   Amount Spent by Political Parties 187
                   Difficulties in Proving the Allegation 189
                   Limitations of the Existing Legal Provisions 190
                   Power of Election Commission to require political parties to
                   submit details of expenditure 198

                   Participation of Civil Servants in Politics 200
                   Rationale of Imposing Restrictions 201
                   Electoral Offences in Relation to Election Duties 202
                   The Ambit of the Provision 203
                   ''Obtain' ': Meaning of 204
                   Serving under the Government and in the Service of the Government 204
                   Acting as Polling Agent or Counting Agent 206
                   Proposing the Name of the Candidate 207
                   Canvassing of votes 208
                   Appearance in the Mass Media 209
                   Assistance of Ministers 209
                   Assistance by the Officers on Election Duty 210
                   Assistance by Police Officers 211
                   Amendment in 1974 : Its Background and Implications 213

                   Generally 217
                   Applicability of Civil Procedure Code 221
                   Nature of Pleadings 222
                   Plea of Consent and Plea of Connivance 223
                   Distinction between Material Facts and Particulars 224
                   Material Facts and Evidence 225
                   Names of Witnesses 225
                   Significance of Section 83 225
                   Materials Facts in Relation to Various Corrupt Practices 226
                   Joinder of Parties 226
                   Defects in Verification 228
                   Degree of Proof 228
                   Benefit of Doubt 231
                   Duty of the Elected Candidate 232
                   Oral Evidence 233
                   Evidence by Accomplice 235
                   Circumstantial Evidence 235
                   Evidentiary Value of Newspaper Reports 236
                   Evidence and Pleadings 236
                   Production of Documents 236
                   Evidence of Party Worker 237
                   Inference Against a Party 237
                   Court Suo Motu Calling Witness 237
                   Admissibility of Tape Recordings 237
                   Finding Against a Person not a Party to the Petition 238
                   Reappraisal of Evidence by the Supreme Court 239

                   Generally 241
                   Postponement of the Poll, Cancellation of Notification and
                   Ordering of Repoll 242
                   Formulation of the Model Code of Conduct 245
                   Making Suggestions and Recommendations 246
                   Registration of Political Parties and Allotment of Symbol 247
                   Control over Officers on Election Duty 248
                   Credibility of the Commission 250

                   Extracts from Constitution of India 267
                   Extracts from Indian Penal Code, 1860 281
                   Extracts from Code of Criminal Procedure, 1973 286
                   Representation of the People Act, 1950 289
                   Representation of the People Act, 1951 312
                   Conduct of Elections Rules, 1961 371
                   BIBLIOGRAPHY 471
                   SUBJECT INDEX 481