[318] Though the wording of the Indian Penal Code quoted above is materially different from Section 10 of the Election Offences Act, the meaning injected into the above legal provisions, shows its applicability in the Kenyan context. The Supreme Court of India in the consolidated cases of Charan Lal Sahu & Others v. Giani Zail Singh and Another; Nem Chandra Jain v. Giani Zail Singh; Charan Singh and Others v. Giani Zall Singh117 thus explicitly stated that the test was whether there was an interference or an attempted interference with the free exercise of any electoral right. Similarly, Section 10 above, whose marginal note is ‘undue influence’ forbids any impediment of a person’s exercise of the electoral right. In India, the electoral right of an elector, is defined under Section 171A(b) of the Indian Penal Code, as "the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election." This is comparable to Article 38(3) of our Constitution which confers certain political rights on every citizen without any restrictions including the right to vote by secret ballot in an election. [319] The above case of India laid down a distinction between mere canvassing for votes and acts of undue influence. In doing so, the Supreme Court pronounced itself as follows in the above case: “If the mere act of canvassing in favour of one candidate as against another were to amount to undue influence, the very process of a democratic election shall have been stifled because, the right to canvass support for a candidate is as much important as the right to vote for a candidate of one's choice. Therefore, Charan Lal Sahu & Others v Giani Zail Singh and Another; Nem Chandra Jain v Giani Zail Singh; Charan Singh and Others v Giani Zall Singh 1984 AIR 309; 1984 SCR (2) 6. 117 Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            137  |  P a g e