CHAPTER I : INTRODUCTION
CHAPTER II : BRIBERY
Generally 14
Offer of Money 16
Allotment of Discretionary Grants, etc by a Minister 17
Bargaining with Electors 20
Giving Unfair Advantage to an Individual Elector 23
Violation of the Code of Conduct 24
Bribery and Charity 24
Treating of Voters 31
Mass Feeding 34
Bribery and Entertainment 34
Offer to Give Employment 36
Offer to Give Seat in Next Election 37
Paying Money to Influential Persons 38
Giving Financial Assistance to Another Candidate 39
Payment to Workers 41
Payment as Part of a Custom 43
Payment for Withdrawing or Not Withdrawing 44
Payment for Defection 47
Conclusion 49
CHAPTER III : UNDUE INFLUENCE
Generally 50
Fraudulent Device 53
Stage at Which Undue Influence had to be Exercised 54
Using Physical Force 55
Appointing Criminals as Polling Agents 57
Canvassing of Votes by Dacoits 57
The Problem of Criminalization of Election 57
Spiritual Intimidation 59
Threat of Social Ostracism and Excommunication 74
Role of the Political Parties and Their Leaders 75
False Statements 82
Using the Flag of Another Political Party 84
Proviso to Section 123(2): A protective umbrella 85
Booth Capturing 88
Conclusion 90
CHAPTER IV : RELIGIOUS AND COMMUNAL APPEALS
Generally 92
Object of the Provision 93
Ambit of the Provision 95
Constitutional Validity 98
Different Forms of Religious and Communal Appeal 99
Religious and Communal Parties and Election Campaign 112
His Religion, Race 115
Appeal on the Ground of Race and Community 119
Appeal to Religious Symbols 120
Appeal to National Symbols 127
Appeal on the Ground of Language 129
Conclusion 130
CHAPTER V : PROMOTING ENMITY AND HATRED
Generally 134
Difference Between Sections 123(3) and 123(3-A) 135
Appeal to Refrain from Voting 135
Promoting Hatred Among the Members of the Same Caste 136
Attack on Government Policy 136
Presenting an Organization as the Enemy of a Religion 137
Political Party as a Class of Citizens 139
False Allegations 140
Appeal to Vote for Teaching a Religious Group a Lesson 141
Relation Between Sections 123(3-A) and 125 142
Propagation of the Practice of Commission of Sati 142
CHAPTER VI : PUBLICATION OF FALSE STATEMENTS
Generally 144
Constitutional Validity 145
Statement of Fact 146
Public Conduct and Personal Character and Conduct 149
Allegation of Financial Irregularities 156
Educational Qualification 159
Allegation Regarding Moral Qualities 160
Candidature of a Candidate 162
Publication of False Dummy Ballot Papers 164
Attributing New Meanings to Election Symbol 164
Statement of Opinion 165
Publication of Estimates of Votes 166
Innuendo 166
False Statements in Relation to Political Parties 167
Believes to be True Does not Believe to be False 169
''Reasonably Calculated to' ': Its Ambit 171
Different Forms of Publication of Statements 172
Conclusion 174
CHAPTER VII : HIRING OF VEHICLES
Generally 176
Ambit of the Provision 177
Procuring: Meaning of 178
CHAPTER VIII : EXPENDITURE EXCEEDING THE PRESCRIBED LIMIT
Money Power in Election 180
Need of Public Financing 181
Limitations Imposed by the Statute 183
Failure to keep Accounts 185
Amount Paid for getting Party Ticket 186
Amount Spent after the Declaration of the Result 187
Amount Spent by Political Parties 187
Difficulties in Proving the Allegation 189
Limitations of the Existing Legal Provisions 190
Power of Election Commission to require political parties to
submit details of expenditure 198
CHAPTER IX : PROCURING THE ASSISTANCE OF GOVERNMENT SERVANTS
Participation of Civil Servants in Politics 200
Rationale of Imposing Restrictions 201
Electoral Offences in Relation to Election Duties 202
The Ambit of the Provision 203
''Obtain' ': Meaning of 204
Serving under the Government and in the Service of the Government 204
Acting as Polling Agent or Counting Agent 206
Proposing the Name of the Candidate 207
Canvassing of votes 208
Appearance in the Mass Media 209
Assistance of Ministers 209
Assistance by the Officers on Election Duty 210
Assistance by Police Officers 211
Amendment in 1974 : Its Background and Implications 213
CHAPTER X : PROCEDURAL ASPECTS OF ELECTION PETITION
Generally 217
Applicability of Civil Procedure Code 221
Nature of Pleadings 222
Plea of Consent and Plea of Connivance 223
Distinction between Material Facts and Particulars 224
Material Facts and Evidence 225
Names of Witnesses 225
Significance of Section 83 225
Materials Facts in Relation to Various Corrupt Practices 226
Joinder of Parties 226
Defects in Verification 228
Degree of Proof 228
Benefit of Doubt 231
Duty of the Elected Candidate 232
Oral Evidence 233
Evidence by Accomplice 235
Circumstantial Evidence 235
Evidentiary Value of Newspaper Reports 236
Evidence and Pleadings 236
Production of Documents 236
Evidence of Party Worker 237
Inference Against a Party 237
Court Suo Motu Calling Witness 237
Admissibility of Tape Recordings 237
Finding Against a Person not a Party to the Petition 238
Reappraisal of Evidence by the Supreme Court 239
CHAPTER XI : ROLE OF THE ELECTION COMMISSION
Generally 241
Postponement of the Poll, Cancellation of Notification and
Ordering of Repoll 242
Formulation of the Model Code of Conduct 245
Making Suggestions and Recommendations 246
Registration of Political Parties and Allotment of Symbol 247
Control over Officers on Election Duty 248
Credibility of the Commission 250
CHAPTER XII : CONCLUSION
APPENDICES
Extracts from Constitution of India 267
Extracts from Indian Penal Code, 1860 281
Extracts from Code of Criminal Procedure, 1973 286
Representation of the People Act, 1950 289
Representation of the People Act, 1951 312
Conduct of Elections Rules, 1961 371
BIBLIOGRAPHY 471
SUBJECT INDEX 481