spiritual injury, harmful cultural practices, damage
or loss, or any fraudulent device, trick or deception
for the purpose of or on account of──
(a)
Inducing or compelling a person to vote or not
to vote for a particular candidate or political
party at an election;
(b)
Inducing or compelling a person to refrain
from becoming a candidate or to withdraw if
he has become a candidate; or
(c)
Impeding or preventing a person from being
nominated as a candidate or from being
registered as a voter,
Commits the offence of undue influence.
(2) …
(3) A person who directly or indirectly by duress or
intimidation──
(a) Impedes, prevents or threatens to impede or
prevent a voter from voting; or
(b) In any manner influences the result of an
election, commits an offence.
(4) …
[317] What then is the meaning of the term “undue influence” in the
context of an electoral malpractice and particularly as used under Section
10 above? In India, the meaning of the term ‘undue influence’ is found in
Presidential
Petition
No.
1
of
2017
��
135
|
P a g e
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