Amendment status not verified — confirm the current text below against the official source.
Omitted by ibid, s. 25, - .. , , ( 24 La\v-!7- ) 166 THE ORISSA PANCHAYAT SMITI ACT, 1959 [or. A a 7 with carrying out the provisions of this Actor of any rules made thereunder unless such mistake, error, irregularity or iafornxality has materially affected the . , result of the election. Grounds for which a 44-M. If any person who has lodged a petition candidate has, in addition t o calling in question theelection of the ~ ~ ~ e , : ~ ~ d returned' candidate, claimed a declaration that he caadidntc himseif or ally other candidate has been duly elected . and the EElsction commissioner^ is. of opinion- have been elccted. (a) that in- fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but f o r the votes obtained by ihe ' , returned candidate by 'a corrupt practice the petitioner or such other candidate would 'have obtained a majority of the valid votes; the EIectio~l Commissioner shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, -as the case may be, to have been duly elected. , 'Corrupt . practices. 44-N. The following shall be deemed- to be mrru t practices for the purposes of this- Chapter, P - name$- (1) bribery, that is to say, any gilt,. offer or promise by a ,%didate or by any other .perSon on his behalf of any gratification to any person whomsoever- . (i) with the object, WectIy 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.frorn voting . as . such . election; or (ii) 3s a reward to- ,[a) a person for standing or refsaining from .! standing as a candidate, or for having , withdrawn his candidature or for hav- ing retired from -contest; or (6) an elector for having voted or for refrain- ing from voting. ~ x ~ k a n a f i ~ n - ~ o r the purposes of this clause, the term 'gratification' includes all forms of entertainment and all forms of empIoyment for rewards; but it does - - not include the payment of any expenses bonafidely incurred for ' the purposes of such eIection. . . , (2) undue influence, that is to say, any direct or - indirect.interferc!:ee -or attempt to interfere on the . . part of a candidate or any other persoxr. on his behalf, with the free exercise of the electoral right- of any person : (a) without prkjudice 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 includiig social ostracism and ex-comrauni- . cation 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 ersoa in whom he is' interested will gecome or. will be rendered an object of: divine displeasure or spiritual censure, shall be deemed to inidere with the free exercise of the electoral right of such candidate or elector within the meaning. of this clause; and . (b) a dgclaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with an eIectoral ' righi, shall not be de.emed to be interference within the meaning of this clause; 168' THE ORISSA PANCHAYAT SAMITI ACT, 1959 lor. Act 7 (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 of the candidate's election ; (4 the publication by the candidate or by any other person on his behalf of any state,ment of fact which is false and .which he either believes t o be false or does not believe to be true iiz 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 election ; (5) the hiring or procufing, whether on payment or otherrvise, 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 : provided that the hiring of vehide or vessel by an elector or by several electors at'their joint cost for purpose of conveying him or them to or from any such polling station or place fixed for the poll, shall . - not be deemed to be a corrupt practice. under this clause if the vehicle or vessel so .hired is a vehicle or vessel not propelled-by mechanical power- : Provided further that, the use of any - public transport vehicle or railway carriage by any elector at his own cost for the purpose of going to or coming , from any polling station or place, shall not be deemed to be a corrupt practice under this clause. Explmtnfion-In this clause the expressibn "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 .other- . . wise ; . I , (Sec. 44-0) (6) the obtaining or procuring or abetting. or attempting to obtain or procure by a candidate or by any other person on his behaIf of any 'assistance, other than the casting of a vote for the furtherance of the prospects of the candidate's efection from any person in the service of the Government Or in t Ile zmploy of any local Authority. 0 . ( I ) The petitioner may, at any time Wfihdrawul withdraw the election petition fled by him on payment p ~ ~ ~ to the respondent such cost,as he might have incurred or such portion thereof as the Election Commissioner may direct : Provided that if there- are more petitioners than one, no appfication to withdraw the election petition s b l l be made except with the consent of all the petitioners. 2[(2) No application to withdraw an election ~etition shall- be granted if, in the opitiion of thc I I Election Commissioner, such application has been ! induced by any bargain or consideration which ought I not to be allowed. (3) If the application is granfed- (a) the Election commissioner s hali direct that the notice of withdrawal shaII be published in the Official Gazette and, in such other manner as he may specify . and- thereupon tIie notice shalI be published accordingly ; . . (b) a person who might himself have been a petitioner may, within fdurteen days of such publication, apply to be sub- I stituted as petitioner io place of the party withdrawing, and upon compliance with