Section 194 in The Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974
194. Major corrupt practices.
- The following shall be deemed to be corrupt practices for the purpose of election to the District Council of an Autonomous District;(1)Bribery - that is to say, any gift, officer or promise by a candidate or his agent or by any other person with the connivance of a candidate or his agent, or any gratification to any person whom-soever-(a)with the object, directly or indirectly inducing-(i)a person to stand or not to stand as, or to withdraw from being a candidate at an election, or(ii)an elector to vote or refrain from voting at an election, or(b)as a rewarded to-(i)a person having so stood or not stood for having with drawn his candidature, or(ii)an elector for having voted or refrained from voting.Explanation. The term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and includes all forms of employment for reward; but it does not include the payment of any expenses bona fide incurred at or for the purpose of any election.(2)Undue influence. - Undue influence that is to say any direct or indirect interference or attempt to interfere on the part of a candidate or his agent, or of any other person with the connivance of the candidate or his agent, with the free exercise of any electoral right.Explanation. - (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 elector, or any person in whom a candidate or elector is interested, with any injury of any kind; or(ii)induces or attempts to induce a candidate, or elector to believe that he or any person in whom he is interested, will become or will be rendered an object of displeasure of spiritual censure;shall be deemed to interfere with free exercise of the electoral right of that candidate or elector within the meaning of this clause.(b)A declaration of public policy, or promise of public action, or the same 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)Personation. - The procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent the application by a person for a ballot paper in the name of any other person whether living or dead or in a fictitious name or by a person for a ballot paper in his own name when, by reason of the fact that he has already voted in the same or some other constituency he is not entitled to vote.(4)Removal of voting paper. - The removal of a ballot paper from the polling station during polling hours by a person with the connivance of a candidate or his agent.(5)Publication of false statement. - The publication by a candidate or his agent, or by any other person with the connivance of the candidate or his agent, of any statement of fact which is false and which he either believers 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.(6)The hiring or procuring, whether on payment or otherwise of any vehicle or vessel by a candidate or his agent by any other person with the connivance of a candidate or his agent or the connivance of a candidate or agent of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under Rule 142: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 or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle of vessel so hired is a vehicle or vessel not propelled by mechanical power;Provided further that the use of any public transport, vehicle or vessel or any railway carriage by any 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 "vehicles" 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.(7)The incurring or authorising by a candidate or his agent of expenditure or the employment of any person by a candidate or his agent in contravention of the provisions of these rules.(8)The obtaining or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent by assistance for the furtherance of the prospects of the candidate's election from any person serving under the Government of India or the Government of any State or Union Territory or the District Council of an Autonomous District other than the giving of vote by such person.
