Section 41 in The Orissa Grama Panchayats Act, 1964
41. Corrupt practices.
- The following shall be deemed to be corrupt practices for the purposes of this Chapter, namely :(1)Bribery, that is to say, any gift, offer or promise by a candidate or by any other person on his behalf or any gratification to any person whomsoever-(i)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 such election; or(b)an elector to vote or refrain from voting at such election; or(ii)as a reward to-(a)a person for standing or refraining from standing as a candidate, or for having withdrawn his candidature or for having retired from contest ; or(b)an elector for having voted or for refraining from voting.Explanation - For the purposes of this clause, the term gratification includes all forms of entertainment and all forms of employment for rewards ; but does not include the payment of any expenses incurred bona fide for the purposes of such election.(2)Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or any other person on his behalf, with the free exercise of the electoral right of any person: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 elector or a person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication 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 electoral right of such candidate or elector within the meaning of this clause; and(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 an electoral right shall not be deemed to be interference within the meaning of this clause;(3)The systematic appeal by a candidate or by any other person on his behalf to vote or refrain from voting on grounds of caste, race, community or religion or of the use of national symbols such as the National Flag or the National Emblem, for the furtherance of the prospects or the candidate's election.(4)The publication by the candidate or by any other person on his behalf 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 or retirement from contest of any candidate, being a statement reasonably calculated to prejudice the prospect of that candidate's selection.(5)The hiring or procuring whether on payment or otherwise, of any vehicle or vessel by a candidate or by any other person on his behalf for the conveyance of any elector, other than the candidate or any member of his family to or from any polling station or place fixed for the poll.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 obtaining or procuring or abetting or attempting to obtain or procure by a candidate or by any other person on his behalf of any assistance, other than the casting of a vote, for the furtherance of the prospects of the candidate's election from any person in the service of the State Government or in the employ of any local authority.
