Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.
Chapter E12 : Corrupt practices and electoral offences
- Corrupt practices, offences related to election and penalties thereof. -
The following shall be deemed to be corrupt practices for the purpose of this Chapter.
- "Bribery",That Is To Say,-
- 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 person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or
- an elector to vote or refrain from voting at an election, or as a reward to-
- a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
- an elector for having voted or refrained from voting;
- the receipt of or agreement to receive, any gratification, whether as a motive or reward-
- by a person for standing or not standing as, or for withdrawing or not withdrawing from being, a candidate; or
- 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.
- 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,
- 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,-
- 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. - The use of vehicles belonging to a society for the purposes of any election.
- The incurring or authorizing of expenditure in contravention of rule 65.
- 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.
- "Bribery",That Is To Say,-
- Maintenance of secrecy of voting. - Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy.
- Officers, etc., at elections not to act for candidates or to influence voting. -
- No person who is a Returning Officer or an Assistant Returning Officer or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
- No such person as aforesaid, and no member of a Police Force, shall endeavour to , -
- persuade any person to give his vote at an election, or
- dissuade any person from giving his vote at an election, or
- influence the voting of any person at an election in any manner.
- Prohibition of canvassing in or near polling station. -No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely :
- Canvassing for votes; or
- Soliciting the vote of any elector; or
- Persuading any elector not to vote for any particular candidate; or
- Persuading any elector not to vote at the election; or
- Exhibiting any notice or sign (other than an official notice) relating to the election.
- Penalty for disorderly conduct in or near polling stations. -
- No person shall, on the date or dates on which a poll is taken at any polling station,-
- use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as megaphone or a loud-speaker, or
- shout, or otherwise act in a disorderly manner, within or at entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause, annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
- If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
- Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-rule (1) and may seize any apparatus used for such contravention.
- No person shall, on the date or dates on which a poll is taken at any polling station,-
- Penalty for misconduct at the polling station. sAny person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling station by the Presiding Officer or by any Police Officer on duty or by any person authorized in this behalf by such Presiding Officer.lling station. -
- Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling station by the Presiding Officer or by any Police Officer on duty or by any person authorized in this behalf by such Presiding Officer.
- The powers conferred by sub-rule (1) shall not be exercised so as prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
- If any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer, he shall, on conviction, be punished with fine which may extend to one thousand rupees.
- Removal of ballot papers from polling station to be an offence. -
- If the Presiding Officer of a polling station has reason to believe that any person is fraudulently taking or attempts to take a ballot-paper out of a polling station, or will fully aids or abets the doing of such act, such Officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that, when it is necessary to cause a woman to be searched, search shall be made by another woman with strict regard to decency. - Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the Presiding Officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
- If the Presiding Officer of a polling station has reason to believe that any person is fraudulently taking or attempts to take a ballot-paper out of a polling station, or will fully aids or abets the doing of such act, such Officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
- Other offences and penalties therefore. -
- A person shall be guilty of an electoral offence, if at any election he -
- fraudulently defaces or fraudulently destroys any nomination paper; or
- fraudulently defaces; destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or
- fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or
- without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
- fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
- without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purpose of the election; or
- fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or will fully aids or abets the doing of any such acts.
- For the purposes of this rule, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
- A person shall be guilty of an electoral offence, if at any election he -