Election Offences -- Use of Black Money to Influence Voters -- Directions issued to curb unaccounted cash in elections and ensure speedy investigation and trial
(i) Constitution of India, Art.324 -- Election Offences -- Powers of Election Commission over Electoral Malpractice -- Jurisdiction of Election Commission of India is wide enough to include all powers necessary for smooth and fair conduct of elections, including measures directed against use of unaccounted cash to influence voters. (ii) Representation of the People Act, 1951, S.171B -- Election Offences -- Seizure of Unaccounted Cash During Elections -- Any authority seizing cash or assets during an election must report the seizure to the jurisdictional District Magistrate, Additional District Magistrate or Court within 24 hours, along with written reasons showing prima facie nexus with a suspected electoral offence. (iii) Code of Criminal Procedure, 1973, S.321 -- Election Offences -- Withdrawal of Prosecution Against Candidates -- Withdrawal of prosecution against a candidate during an election cycle requires prior approval of the jurisdictional High Court, to prevent misuse of withdrawal powers to shield electoral offenders. (iv) Code of Criminal Procedure, 1973, S.173 -- Election Offences -- Timely Investigation into Electoral Malpractice -- Investigating officers must complete investigation into electoral offences within one year of registration of FIR. Delay must be recorded in writing and reported to the Election Commission of India, and quarterly status reports must be submitted through a Nodal Officer.
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