Section 79 in Rajasthan Panchayati Raj (Election) Rules, 1994
79. Corrupt Practice.
- The following shall be deemed to be corrupt practices for the purposes of an election under these rules, namely: (1)Bribery, that is to say, any gift, offer or promise by a candidate or by any other person 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 to withdraw from being a candidate or to retire from contest at an election; or(b)an elector or vote or retrain from voting at an election or as a reward to(i)a person of having so stood or not stood or for having withdrawn his candidature, or(ii)an elector for having voted or refrained from voting.Explanation.For the purpose of this clause the term "gratification" is not restricted to pecuniary gratification of gratification 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.(2)Undue influence that is to say, any direct or indirect interference on the part of a candidate or of any other person with the free exercise of right to vote: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 any other elector or any person in whom a candidate or an elector is interested with injury of any kind including social ostracism and excommunication or of expulsion from any caste or 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 right of such candidate or elector to vote within the meaning of this clause;(b)a declaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere, with the right to vote shall not be deemed to be interference within the meaning of this clause.(3)The systematic appeal by a candidate or any other person to vote or retrain from voting on grounds, of caste, race, community or religion or the use of, appeal to the 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.(4)The publication by a candidate or by any other person of any statement of fact 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 from contest 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 by any other person on behalf of the candidate for the conveyance of the elector other than the candidate himself or any member of his family to or from any polling station or place fixed for the poll:Provided that the hiring of a vehicle or vessel by any elector or by several electors at their joint cost for the purpose of conveying him or them to or from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel or 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 traimmer or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place 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.(6)The incurring or authorizing by a candidate or by any other person of expenditure in contravention of the provision of any rule or order relating to election.(7)The obtaining or procurring or abetting or attempting to obtain or procure by a candidate or by any (other person any assistance other than the giving of vote) for the furtherance of the prospects of the candidate's election from any person in the service of the Government or any local authority) and belonging to any of the following clauses, namely: (a)Gazetted Officers.(b)Stipendiary Judges and Magistrates.(c)members of the armed forces of the Union,(d)members of the police force;(e)Excise Officers(f)revenue officers including village accountants such a Patwaris and the like but excluding other village officers;(g)such other class of persons in the service of the Government as may be notified;(h)members of the Rajasthan Panchayat Samiti and Zila Parishad Service, Rajasthan Panchayat Samiti and Zila Parishad (Class IV) Service and persons placed on deputation under Sections 79 and 82 the Rajasthan Panchayati Raj Act, 1994, and(i)employees of other local authority.Explanation.The word "candidate" means for the purpose of this rule and Rules 80 to 89 the person who stood for, or was nominated for, the election to which an election petition pertains.(8)[ The propagation of the practice or the commission of sati or its glorification by candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.Explanation.For the purposes of this clause "sati" and "glorification" in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987).][Added vide notification No. F. 14 (13) /RDPR/LJ/94/5833 Dated 12.12.1994]
