(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 200 may summarily be evicted from such premises by an officer empowered by the State Election Commissioner in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
Power to obtain information.
Eviction from requisitioned premises.
154 [Act No. 11 of 2019] Penalty for contravention of any order regarding requisitioning.
204. If any person contravenes any order made under sections 200 to 203, he shall be punishable with imprisonment for a term, which may extend to one year or with fine or with both.
CORRUPT PRACTICES AND ELECTION OFFENCES Corrupt practices. 205. The following shall be deemed to be corrupt practices for the purposes of this Act:-
(1) Bribery, that is to say,-
(i) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing,
(a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election; or
(b) an elector to vote or refrain from voting at an election, or as reward to,
(ii) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature;
or
(iii) an elector for having voted or refrained from voting.
(2) 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 [Act No. 11 of 2019] 155
(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 gratifications 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.
(3) 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 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 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 156 [Act No. 11 of 2019] 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.
(4) 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 from 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 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.
(5) 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.
(6) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent or any statement of fact which is false, in 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 [Act No. 11 of 2019] 157 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:
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 various provisions under this Act.
(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 158 [Act No. 11 of 2019] 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, 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 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 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 acts or things shall not be deemed to be assistance for the furtherance of the prospects of that candidate’s election.
(10) Booth capturing by candidate or his agent or other person.
Explanation:-
(i) 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,-
(a) 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;
(b) 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 [Act No. 11 of 2019] 159 person in the service of the Government shall be conclusive proof;
(ii) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and
(iii) 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, such person ceased to be in such service with effect from the said date.
206. Whoever at an election applies for a ballot paper or vote in the name of any other person, whether living or dead or in a fictitious name or who having voted once at such election applies at the same election for a ballot paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.