CO885-11 — Page 262

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1. PUBLIC RECORD OFFICE

Reference :-

C.O.882/11

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

Punishment and incapacities for corrupt practice.

Nomination of election agent.

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order to induce such voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at

election under this Order; any

(c) Every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person as a member of the Legislative Council, or the vote of any voter at any election under this Order;

(d) Every person who upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement procures or engages, promises, or endeavours to procure, the return of any person as a member of the Legislative Council, or the vote of any voter at any election under this Order;

(e) Every person who advances or pays or causes to be paid any money to or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at any election under this Order, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election; (f) Every voter who, before or during any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election;

(g) Every person who, after any election under this Order, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election.

77.-1) Any person who commits the offence of personation, treating, undue influence, or bribery, or aids, abets, counsels, or procures the commission of the offence of personation, and any candidate or election agent who knowingly makes the declaration as to election expenses required by Article 89 falsely shall be guilty of a corrupt practice, and shall be liable on conviction by a District Court in the discretion of the court to a fine not exceeding five hundred rupees or to imprisonment of either description for any period not exceeding one year or to both such fine and imprisonment and shall by conviction become incapable for a period of seven years from the date of his conviction of being registered as a voter or voting at any election under this Order or of being elected a member, and if at that date he has been elected a member, his election shall be vacated from the date of such conviction.

(2) A prosecution for a corrupt practice shall not be instituted without the sanction of the Attorney-General.

ELECTION AGENT, ELECTION EXPENSES AND ILLEGAL PRACTICES.

78.-(1) On or before the day of nomination at an election a person shall be named by or on behalf of each candidate as his agent for such election (in this Order referred to as the election agent).

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(2) A candidate may name himself as election agent, and thereupon shall, so far as circumstances admit, be subject to the provisions of this Order, both as a candidate and as an election agent, and any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity of election agent.

(3) On or before the day of nomination the name and address of the election agent of each candidate shall be declared in writing by the candidate or some other person on his behalf to the returning officer, and the returning officer shall forthwith give public notice of the name and address of every election agent so declared.

(4) One election agent only shall be appointed for each candidate, but the appointment whether the election agent appointed be the candidate himself or not, may be revoked and in the event of such revocation or his death, whether such event is before, during, or after the election, then forthwith another election agent shall be appointed, and his name and address declared in writing to the returning officer, who shall forthwith give public notice of the same.

79. No person shall be appointed election agent who has within Person guilty of seven years previous to such appointment been found guilty of any not to be appointed corrupt practice under the Order.

corrupt practice

election agent.

80.-(1) The election agent of a candidate shall appoint every Making of polling agent, clerk, and messenger employed for payment on behalf contracts through

of the candidate at an election, and hire every committee-room election agent. hired on behalf of the candidate, and shall before the opening of the poll inform the presiding officer at each polling station in writing of the name of the polling agent appointed to act at that polling station.

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election, unless made by the candidate himself or by his election agent; provided that the inability under this Article to enforce such contract against the candidate shall not relieve the candidate from the consequences of any corrupt or illegal practice having been committed by his agent.

81.-1) Except as permitted by or in pursuance of this Order, Payment of

no payment and no advance or deposit shall be made by a candidate expenses through

at an election, or by any agent on behalf of the candidate, or by election agent. any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election, otherwise than by or through the election agent of the candidate; and all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise;

Provided that this Article shall not be deemed to apply to any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not repaid to him.

(2) A person who makes any payment, advance, or deposit in contravention of this Article, or pays in contravention of this Article any money so provided as aforesaid, shall be guilty of an illegal practice.

82.—(1) Every payment made by an election agent in respect Period for seni.

of any expenses incurred on account of or in respect of the conduct ing in claims and or management of an election shall, except where less than twenty making paymenta rupees, be vouched for by a bill stating the particulars and by a for election receipt.

expenses.