ELECTION OF
COMMITTEES AND OFFICERS
OF CERTAIN
SOCIETIES [*WAS DELETED BY MAH. XXIV OF 1961]
Prior to its deletion it
read as under:
144-A.
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(1)
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This Chapter shall
apply only to elections to committees of societies belonging to the
categories specified in section 73-G.
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(2)
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In this Chapter,
unless the context otherwise, requires:—
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(a)
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"Collector"
means the Collector having jurisdiction over the local areas in which the
registered office of the society concerned is situated; and includes the
Additional Collector, and also any officer not below the rank of Deputy
Collector, appointed by the State Government to exercise the powers and to
perform the duties of the Collector under this Chapter;
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(b)
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"election"
means an election of a member or members of the committees (or of officer or
officers) of a specified society ;
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(c)
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"Specified
society" means a society belonging to any of the categories specified in
section 73-G.
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144-B.
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Every election
shall be held as far as possible sometime prior to the date on which the term
of office of the retiring member or members is due to expire. If a vacancy
occurs due to any other reason, it shall be filled as early as practicable.
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144-C.
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(1)
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Save as otherwise
provided, every election shall be held on such date or dates as the Collector
may fix, and shall be conducted under his control by such Returning Officer
and other officers, as may be appointed by the Collector in this behalf.
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(2)
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In all cases,
where a society has to send a nominee as a member of the committee of any
specified society, the election of such nominee shall be conducted under the
control of the Collector of the district in which the registered office of
the society sending the nominee is situated.
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(3)
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In all cases where
the bye-laws of a specified society authorize the Government nominee or the
nominee of a Financing Agency to be a member of the committee of the society,
no election need be held for such purpose.
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(4)
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The voting at
every election shall be by secret ballot.
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144-D.
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(1)
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The expenses of
the holding of any election, including the payment of traveling allowances
daily allowance and other remuneration, if any, to the persons appointed to
exercise the powers and perform the duties in respect of the election, shall
be borne by the specified society concerned.
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(2)
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For this purpose,
the Collector may call upon a specified society to deposit with him such
amount as he considers necessary for the conduct of the election. Within
eight days from the receipt of such direction from the Collector, the society
shall deposit the specified amount with the Collector.
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(3)
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The Collector
shall maintain an account of the expenses incurred in connection with the
election and within six months from the declaration of results of the
election, render the same to the society concerned, and shall refund to the
society the balance, if any, remaining unspent. If the expenditure exceeds
the amount of deposit, the Collector shall call upon the society to pay the
excess amount as specified by him within eight days from the receipt of the
direction from him, and the society shall comply with such direction.
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(4)
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On failure of a
specified society to pay as aforesaid the deposit amount or to pay the excess
amount, the Collector may recover the sums due, together with interest
thereon at the rate of 12 per cent per annum, from the society as arrears of
land revenue.
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144-E.
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(1)
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A person shall be
disqualified for being elected as, and for being a member, of the committee
of any specified society, -
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(a)
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if he is salaried
employee of any society (other than a society of employees themselves) or
holds any office of profit under any society, except when he holds or is
appointed to the office of a Managing Director or any other office declared
by the State Government by general or special order not to disqualify its
holder or is entitled to be or is elected, appointed or co-opted to any
reserved seat on the committee of a society under section 73-BB;
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(b)
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if he has been
convicted of an offence punishable under section 153A or section 171-E or
section 171-F or sub-section (2) or sub-section (3) of section 505 of the
Indian Penal Code, or under section 144Q or clause (a) of sub-section (2) of
section 144R of this Act, unless a period of six years has elapsed since the
date of his conviction;
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(c)
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if he has been
convicted by a Court in India for any offence and sentenced to imprisonment
for not less than two years, unless a period of five years has elapsed since
his release;
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(d)
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if he is found
guilty of a corrupt practice by the Commissioner of the Division, unless a
period of six years has elapsed since the date an which the decision of the
Commissioner takes effect;
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(e)
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If he is so
disqualified by or under any other provision of this Act.
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(2)
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For the purposes
of clause (a) of sub-section (1), a person shall not be deemed to hold an
office of profit under a society, if he does not receive any remuneration
other than compensatory allowance; or honorarium payable under sub-section
(2) of section 65 not exceeding rupees six thousand per year.
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Explanation.—In
this sub-section, "compensatory allowance" mean the traveling
allowance, the daily allowance or such other allowance which is paid to the
holder of the office for the purpose of meeting the personal expenditure, in
performing the functions as holder of that office.
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(3)
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Notwithstanding
anything contained in clause (b) or (c) of subsection
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(1)
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a disqualification
under either clause shall not, in the case of a person who on the date of the
conviction is a member of any specified society, take effect until three
months have elapsed from that date or, if within that period an appeal or
application for revision is brought in respect of the conviction or the
sentence until, that appeal or application is disposed of by the Court.
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144-F.
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Account of election expenses, maximum thereof and lodging of account. — [* Was
deleted By MAH. XXIV of 1961]
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(1)
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Every candidate at
an election shall keep a separate and correct account of all expenditure in
connection with the election incurred or authorised by him.
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(2)
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The account shall
contain such particulars as may be prescribed.
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(3)
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The total of the
said expenditure shall not exceed such amount as may be specified by the
State Government, by general or special order, published in the Official
Gazette.
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(4)
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Every contesting
candidate at an election shall, within thirty days from the date of election
of the returned candidate or, if there are more than one returned candidate
at the election and the dates of their election are different, the later of
those two dates, lodge with the Collector an account of his election expenses
which shall be a true copy of the account kept by him under sub-section (1).
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144-G.
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Disqualification for failure of lodge account of election expenses. — [* Was
deleted By MAH. XXIV of 1961]
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If the Collector
is satisfied that a person,-
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(a)
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has failed to
lodge an account of election expenses within the time and in the manner
required by the last preceding section, and
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(b)
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has no good reason
or justification for the failure, the Collector shall, by order published, in
the Official Gazette, declare him to be disqualified for being elected as,
and for being, a member of the committee of any specified society, and any
such person shall be disqualified for a period of three years from the date
of the order.
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144-H.
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The State
Government may, or reasons to be recorded, remove any disqualification under
this Chapter or reduce the period of any such disqualification.
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144-I.
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The following
shall be deemed to be corrupt practices for the purpose of this Chapter:-
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(1)
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"Bribery",
that is to say.—
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(A)
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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;—
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(a)
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a person to stand
or not to stand as, or to withdraw or not to withdraw from being a candidate
at an election,
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(b)
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an elector to vote
or refrain from voting at an election, or as a reward to –
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(i)
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a person for
having so stood or not stood, or for having withdrawn or not having withdrawn
his candidature; or
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(ii)
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an elector for
having voted or refrained from voting;
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(B)
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The receipt of or
agreement to receive, any gratification, whether as a motive or reward –
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(a)
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by a person for
standing or not standing as, or for withdrawing or not withdrawing from
being, a candidate; or
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(b)
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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.
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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 bona fide
incurred at, or for the purpose of, any election and duly entered in the
account of election expenses referred to in section 144-F.
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(2)
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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 of any other person with the
consent of the candidate or his election agent, with the free exercise of any
electoral right:
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Provided that –
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(a)
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without prejudice
to the generality of the provisions of this clause, any such person as is
referred to therein who-
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(i)
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threatens any
candidate or any elector, or any person in whom a candidate or an elector is
interested with injury of any kind including social ostracism and
excommunication or expulsion from any caste or community, or
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(ii)
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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
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(b)
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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.
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(3)
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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 :
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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:
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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.
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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.
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(4)
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The use of
vehicles belonging to a specified society for the purposes of any election.
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(5)
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The incurring or
authorizing of expenditure in contravention of section 144-F.
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(6)
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Making special
advances of loans or otherwise favoring 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.
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144-J.
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(1)
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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
authorised by or under any law) communicate to any person any information
calculated to violate such secrecy.
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(2)
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Any person who
contravenes the provisions of sub-section (1) shall, on conviction, be
punished with imprisonment for a term which may extend to three months, or
with fine, or with both.
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144-K.
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Officers, etc., at elections not to act for candidates or to influence
voting. — [* Was deleted By MAH. XXIV of 1961]
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(1)
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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.
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(2)
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No such person as
aforesaid, and no member of a Police Force, shall endeavor –
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(a)
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to persuade any
person to give his vote at an election, or
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(b)
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to dissuade any
person from giving his vote at an election, or
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(c)
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to influence the
voting of any person at an election in any manner
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(3)
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Any person who
contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction,
be punished with imprisonment which may extend to six months, or with fine,
or with both:
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(4)
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An offence
punishable under sub-section (3) shall be cognizable.
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144-L.
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(1)
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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 :
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(a)
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canvassing for
votes; or
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(b)
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soliciting the
vote of any elector; or
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(c)
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persuading any
elector not to vote for any particular candidate; or
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(d)
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persuading any
elector not to vote at the election; or
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(e)
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Exhibiting any
notice or sign (other than an official notice) relating to the election.
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(2)
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Any person who
contravenes the provisions of sub-section (1) shall, on conviction, be
punished with fine which may extend to two hundred and fifty rupees.
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(3)
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An offence
punishable under sub-section (2) shall be cognizable.
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144-M.
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(1)
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No person shall,
on the date or dates on which a poll is taken at any polling station,-
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(a)
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use or operate
within or at the entrance of the polling station, or in any public or private
place in the neighborhood thereof, any apparatus for amplifying or
reproducing the human voice, such as megaphone or a loud-speaker, or
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(b)
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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 neighborhood thereof:
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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.
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(2)
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Any person who
contravenes, or willfully aids or abets the contravention of, the provisions
of sub-section (1) shall, on conviction, be punished with imprisonment which
may extend to three months, or with fine, or with both.
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(3)
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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.
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(4)
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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-section (1) and may
seize any apparatus used for such contravention.
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144-N.
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(1)
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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 authorised in this behalf by such Presiding
Officer.
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(2)
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The powers
conferred by sub-section (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.
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(3)
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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 imprisonment for a term which may extend to three months, or
with fine, or with both.
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(4)
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An offence
punishable under sub-section (3) shall be cognizable.
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144-O.
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Penalty for illegal hiring or procuring of conveyances at elections. — [* Was
deleted By MAH. XXIV of 1961]
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If any person is
guilty of any such corrupt practice as is specified in clause (3) or (4) of
section 144-1 at or in connection with an election, he shall, on conviction,
be punished with fine which may extend to one thousand rupees.
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144-P.
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(1)
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If any person to
whom this section applies is without reasonable cause guilty of any act or
omission in breach of his official duty, he shall, on conviction, be punished
with fine which may extend to five hundred rupees.
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(2)
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An offence
punishable under sub-section (1) shall be cognizable.
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(3)
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No suit or other
legal proceedings shall lie against any such person for damages in respect of
any such act or omission as aforesaid.
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(4)
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The persons to
whom this section applies are the Returning Officers, Assistant Returning
Officers, Presiding Officers, Polling officers and any other persons
appointed to perform any duty in connection with the receipt of nominations
or withdrawal of candidatures, or the recording or counting of votes at an
election; and the expression "official duty shall for the purposes of
this section be construed accordingly, but shall not include duties imposed
otherwise than by or under this Act.
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144-Q.
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Removal of ballot papers from polling station to be an offence. — [* Was
deleted By MAH. XXIV of 1961]
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(1)
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Any person who at
any election fraudulently takes, or attempts to take, a ballot paper out of a
polling station, or willfully aids or abets the doing any such act, shall, on
conviction be punished with imprisonment for a term which may extend to one
year, or with fine which may extend to five hundred rupees, or with both.
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(2)
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If the Presiding
Officer of a polling station has reason to believe that any person is
committing or has committed an offence punishable under sub-section (1), 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:
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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.
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(3)
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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.
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(4)
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An offence
punishable under sub-section (1) shall be cognizable.
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144-R.
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(1)
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A person shall be
guilty of an electoral offence, if at any election he –
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(a)
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fraudulently
defaces or fraudulently destroys any nomination paper; or
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(b)
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fraudulently
defaces; destroys or removes any list, notice or other document affixed by or
under the authority of a Returning Officer; or
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(c)
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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
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(d)
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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
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(e)
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fraudulently puts
into any ballot box anything other than the ballot paper which he is authorised
by law to put in; or
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(f)
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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
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(g)
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fraudulently or
without due authority, as the case may be, attempts to do any of the
foregoing acts or willfully aids or abets the doing of any such acts.
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(2)
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Any person guilty
of an electoral offence under this section shall
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(a)
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if he is a
Returning Officer or an Assistant Returning Officer or a Presiding Officer at
a polling station or any other officer or clerk employed on official duty in
connection with the election, or conviction, be punished with imprisonment
for a term which may extend to two years, or with fine or with both.
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(b)
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If he is any other
person, on conviction, is punished with imprisonment for a term which may
extend to six months, or with fine, or with both.
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(3)
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For the purposes
of this section, 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.
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(4)
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An offence
punishable under sub-section (2) shall be cognizable.
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144-S.
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Application of section 148 to offences under this Chapter subject to
certain modifications.
— [* Was deleted By MAH. XXIV of 1961]
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The provisions of
section 148 shall apply to the offences under this Chapter, subject to the
modification that no prosecution for an offence punishable under this Chapter
shall be lodged, except with the previous sanction of the Collector.
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144-T.
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Disputes relating to elections to be submitted to the Commissioner or
other specified officer.
— [* Was deleted By MAH. XXIV of 1961]
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(1)
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Notwithstanding
anything contained in section 91 or any other provisions of this Act, any
dispute relating to an election shall be referred to the Commissioner of the
Division in which such election is held or to an officer not below the rank
of Additional Commissioner of a Division authorised by the State Government
in this behalf (hereinafter in this section either of them as the context may
require is referred to as "the specified officer").
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(2)
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Such reference may
be made by an aggrieved party by presenting an election petition to the
specified officer, within a period of two months from the date of declaration
of the result of the election:
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Provided that,
4the specified officer may admit any petition after the expiry of that
period, if the petitioner satisfies the specified officer that he had
sufficient cause for not preferring the petition within the said period.
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(3)
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In exercising the
functions conferred on him by or under this Chapter, the specified officer
shall have the same powers as are vested in a Court in respect of,-
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(a)
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proof of facts by
affidavit;
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(b)
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summoning and
enforcing the attendance of any person and examining him on oath;
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(c)
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compelling
discovery or the production of documents; and
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(d)
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Issuing
commissions for the examination of witnesses.
In the case of any
such affidavit, an officer appointed by the specified officer in this behalf
may administer the oath to the deponent.
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(4)
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Subject to any
rules made by the State Government in this behalf, any such petition shall be
heard and disposed of by the specified officer as expeditiously as possible.
An order made by the specified officer on such petition shall be final and
conclusive and shall not be called in question in any Court.
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144-U.
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A petitioner
presenting an election petition under the last preceding section shall pay a
deposit not exceeding Rs. 500 as the Commissioner may direct towards the
costs for hearing the petition. Unless the petitioner deposits the same as
aforesaid, the petition shall be summarily dismissed. Subject to such
conditions as may be prescribed, at the time of deciding the petition; the
Commissioner shall assess the costs of the hearing of the petition and shall
require the petitioner or the respondents, or both as the case may be; to
defray the whole or in such proportion as he thinks fit, the costs of the
petition, including the deposit so made. The Commissioner shall credit to
Government such sum as he assesses as the cost to Government of hearing the
petition (but not exceeding Rs. 500 in any case).
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144-V.
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(1)
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An election
petition shall-
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(a)
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contain a concise
statement of the material facts on which the petitioner relies;
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(b)
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set forth full
particulars of any corrupt practice that the petitioner alleges, including as
full a statement as possible of the names of the parties alleged to have
committed such corrupt practice and the date and place of the commission of
each such practice; and
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(c)
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be signed by the
petitioner and verified in the manner laid down in the Code of Civil
Procedure, 1908, for the verification of pleadings;
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Provided that,
where the petitioner alleges any corrupt practice, the petition shall also be
accompanied by an affidavit in support of the allegation of such corrupt
practice and the particulars thereof.
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(2)
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Any schedule or
annexure to the petition shall also be signed by the petitioner and verified
in the same manner as the petition.
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144-W.
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A petitioner may,
in addition to claiming a declaration that the election of all or any of the
returned candidates is void, claim a further declaration that he himself or
any other candidate has been duly elected.
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144-X.
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Without prejudice
to any other power to make rules contained elsewhere in this Act, the State Government
may make rules consistent with this Act generally to provide for and to
regulate all or any of the other matters relating to the various stages of
the elections including preparation of list of voters,
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144-Y.
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Special provisions to election of officers of specified societies. — [* Was
deleted By MAH. XXIV of 1961]
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(1)
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This section shall
apply only to election of officers by members of committees of societies
belonging to the categories specified in section 73-G.
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(2)
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After the election
of the members of the committee and, where necessary, co-option or
appointment, as the case may be, of members to the reserved seats under section
73-B or whenever such election is due, the election of the officer or
officers of any such society shall be held as provided in its by-laws but any
meeting of the committee for this purpose shall be presided over by the
Collector or an officer nominated by him in this behalf.
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