Q.1- Who is candidate?
Ans.- “Candidate” means a person who has been nominated as a candidate at any election.
Q.2- What are the electoral rights of a candidate?
Ans.- The candidate has three rights, namely –

(i) he can stand for the election or

(ii) has choice of not to stand for the election, and

(iii) to withdraw from being a candidate.

Q.3- What are the electoral rights of a qualified voter?
Ans.- Every qualified voter has two rights, namely,

(i) to vote to a candidate of his choice, or

(ii) to refrain from voting at an election.

Q.4- Whether declaring of public policy or public promise is an offence?
Ans.- No. A declaration of public policy or a promise of public action shall not be an offence.
Q.5- Whether gratification can be taken by the party or only by individual?
Ans.- Gratification could only be given to an individual, not to a party.
Q.6- What is treating at election? Whether it is bribery?
Ans.- ‘Treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision. Yes it is an offence but punishable with fine only.
Q.7- Define undue influence?
Ans.- Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
Q.8- What is punishment for undue influence?
Ans.- Whoever commits the offence of undue influence at an election shall be punished with imprisonment up to one year or with fine, or with both.
Q.9- What is personation at election?
Ans.- Whoever at an election –

(i) applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or

(ii) who having voted once at such election applies at the same election for a voting paper in his own name, and

(iii) whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.

Q.10 Whether bad intention for personating is necessary?
Ans.- Yes. Madras High Court held that unless there are corruption, and a bad intention in personating, it is not an offence.
Q.11 If a candidate makes false statement in connection with an election which is defamatory is an offence?
Ans.- Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false, in relation to the personal character or conduct of any candidate is an offence and punishable with fine.
Q.12 Whether a person paying of any expenses of meeting without approval of authority for candidate is an offence?
Ans.- Yes. It is an offence under section 171-H and punishable with fine up to Rs. 500.
Q.13 Whether a candidate is bound to keep election account?
Ans.- Yes. Failure to keep election account is an offence under section 171-I. It is punishable is applicable according to the law for the time being in force.

 

 

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