Transport & conveyance of voters to polling stations & serving of liquors to voters is illegal

Syllad | The Rising MeghalayaFebruary 23, 2023

The Assistant Commissioner & Officer in-charge Model Code of Conduct Cell, East Khasi Hills District issued seven instructions to the Candidates and Election Agents of the Assembly Constituencies within the district for compilation and any violation would result in penalization as per provision of the Representation of the People Act, 1951.

According to the order, bribery to voters is both a corrupt practice and an electoral offence under Section 123 (1) of the Representation of the People Act, 1951 and Section 171B of the Indian Penal Code, respectively.

Maintaining that there will be no canvassing within 100 metres of polling stations is an electoral offence under Section 130 of the Representation of the People Act, 1951, the order clearly asserted that no person shall, on the date or dates on which a poll is taken at any polling station: canvass for votes; or solicit the vote of any elector; or persuade any elector not to vote for any particular candidate; or persuade any elector not to vote at the election; or exhibit any notice or sign (other than an official notice) relating to the election within the polling station or in any public or private place within a distance of 100 metres of the polling station.

Offences related to Booth capturing are electoral offences under Section 135A of the Representation of the People Act, 1951. “Booth capturing” includes, among other things, the order informed any seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections.

Any taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote.

Further any coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote and seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes.

The order also indicated that doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

The order asserted any impersonation of voters is an electoral offence under Section 171D of the Indian Penal Code

Holding of public meetings during the period of 48 hours ending with the hour fixed for the close of the poll is an electoral offence under Section 126 (1) of the Representation of the People Act, 1951.

Transport and conveyance of voters to and from polling stations is both a corrupt practice and an electoral offence under Section 123 (5) and Section 133 of the Representation of the People Act, 1951, respectively, the order informed.

Serving or distributing liquor on polling day and during the forty eight hours preceding it is an electoral offence under Section 135 (c) of the Representation of the People Act, 1951.