Amendment status not verified — confirm the current text below against the official source.
Section 17 substituted for existing sections 17, 18 & 19 by Act No.28 of 2005. Corrupt practices. [Act No. II of 1956] 37 (ii) an elector for having voted or refrained from voting. (B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,- (a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate, or (b) 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. Explanation:- For the purposes of this clause the term ‗gratification‘ is not restricted to pecuniary gratification or gratification 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 bonafide incurred at, or for the purpose of, any election and duly entered in the account of election expenses. (2) 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: Provided that- (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to thereon, who- (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with 38 [Act No. II of 1956] injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or (ii) 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; (b) 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. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain form voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols, or the use of, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause. (4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate, or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of prejudicially affecting the election of any candidate. [Act No. II of 1956] 39 (5) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. Explanation:- For the purpose of this clause, ―Sati‖ and ―glorification‖ in relation of sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987. (6) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false, or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate‘s election. (7) 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 that the candidate himself the members of his family or his agent to or from any polling station: 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 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: Central Act 3 of 1988. 40 [Act No. II of 1956] Provided further that the use of any public transport vehicle or vessel by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation:- In this 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 other vehicles or otherwise. (8) The incurring or authorizing of expenses in contravention of section 617B. (9) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate‘s election, from any person in the service of the State or Central Government, Local Authority or a Corporation owned or controlled by the State or Central Government: Provided that where any person, in the service of the State or Central Government or a Local Authority or a Corporaion owned or controlled by the State or Central Government in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for to or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate‘s election. [Act No. II of 1956] 41 (10) Booth capturing by a candidate or his agent or any other person. Explanantion:- (1) In this section the expression ‗agent‘ includes an election agent, a polling agent, and any person who is held to have acted as an agent in connection with election with the consent of the candidate. (2) For the purposes of clause (9), a person shall be deemed to assist in the furtherance of the prospects of a candidate‘s election if he acts as an election agent of that candidate. (3) For the purposes of clause (9), notwithstanding anything contained in any other law, the publication in the *Telangana Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government shall be conclusive proof,- (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and (ii) Where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.] 42 [Act No. II of 1956] Disqualification for voting, for being and continuing as a #[Member].