Section 93 in The Rajasthan Waqf Board (Election of Members) Rules, 1999
93. Corrupt Practices.
- The following shall be deemed to be corrupt practices in relation to an election under these rules, namely:-(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 withdraw or not to withdraw from being a candidate at an election from an electoral college; 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or refrain from voting at an election, or as a reward to-(i)a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or(ii)an elector for having voted or refrained from voting;(B)the receipt of, or agreement to receive, any gratification, whether as a motive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 a reward-(a)by a person for standing or not standing as, or far 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, inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.Explanations. - For the purpose of this clause the term "gratification" is not restricted to pecuniary gratification 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, for the purpose of any election.(2)Undue influence, that is to say, any direct or indirect interference, or attempt to interfere on the part of the candidate or his agent, or 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 an elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any 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)a declaration of public policy, or a promise of public action, or the memre 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 appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his race, community or language or the use of, or appeal to, national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.(4)The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.(5)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 the free conveyance of any elector other than the candidature himself or his agent to or from the polling station: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 and from the 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 his own cost for the purpose of going to and coming from the polling station shall not be deemed be a corrupt practice under this clause.(6)The obtaining or procuring or abetting or attempting to obtain or procure by a candidature of his agent or, by any other person with the consent of a candidate or his election agent, any assistance, other than the giving of vote, for the furtherance of the prospects of that candidate's election, from any person in the service of the Government or other body and belonging to any of the following classes, namely:-(a)Gazetted officers;(b)Judges and Magistrates;(c)members of the armed forces of the Union;(d)members of the forces;(e)excise officers;(f)revenue officers other than village revenue officers known as lambardars; Ipatels or by any other name, remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions;(g)such other class of persons in the service of the Government as may be notified by the Chief Election Authority;(h)employees of local authority; and(i)employees of the [Waqf] [Substituted by Notification No. G.S.R. 123, dated 7.12.2015 (w.e.f. 16.1.1999).] Board:Provided that where any person in the service of the Government or other body and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty makes arrangements or provides any facilities or does any other act or thing for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent, whether by reason of the office held by the candidate or for any other reason, such arrangement, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.Part - XIElection Disputes
