of 1 -951 — THE SIKKIM PANCHAYAT ACT, 1993

43 of 1 -951 Decision Oil question as to disqu alification . E III c r g . el: t power Oil out -break of cpl- (ii) by gross failure to comply with the provisions of this Act or the rules fr: ncd thereunder. (2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act . (1) Bribery , that is to say- (A) an)' gift , offer or promise by a cnndidate or by any other person with the connivance of a candidate 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 from being a candidate at , \I1y election; or (b) an elector to vote or refrain from voting ar an ejection; or as u reward toCi) a person for having stood or not stood or having withdrawn his candidature, or (ii) an elector for having voted or refrainedfrom voting . (13) Undueinfluence, tlrut is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or 0 · 1 ' any otheperson with the connivance of the candidate with till: free exercise of any electoral right: Provided ih.u without prejudice to tile generality of the provisions of this clause any such person as is referred to therein who- (i) threatens ;111) ' candidate, or ,In) ' elector , or :lny person in whom a candidate or any elector is interested , with injury of any kind including social ostracism and ex-communication or expulsion from allY caste or community ; or (ii) induces or attempts to induce a cundidure or an elector to believe that he or any person in whom he is interested will become or will be rendered object of clivine displeasure or spiritual censure, shall be deemed to interfere . wi rh the free exercise of the electoral righ t of such cnndidure or elector within the meuning of this clause . n) The: npplicurion under sub-section (1) may be presented by any candidate at the election or any elector and slwB contain such pnrticulurs as l1:ay be prescribed. Explanation :- Any person who filed a nomination paper at the election whether such nomination paper W:IS accepted or rejected, shull be deemed to be a candidate at the election . (4) The-authority to whom the upplicnrion under sub-section (1) is made shall , in the matter or- e:l) hearing of the application and the procedure to be followed at such hearing; (b) sl ' :tting aside the election or declaring the election to be void or declaring appl icn nt to bc till Iy c leered ora ny other rel ief th , 1rmuy be grunted to the peri tioncr , have such powers and authority \IS muy be prescribed . (5) The order passed by tile authority upon all application under sub-section (1) shall be fiunl and conclusive and shall not be questioned in anycivil court . (6) Notwithstanding anything in this Act , the validity of any 1:IWrelating to the delimitation of wards in a Gram or territorial constituencies of a Zilla Panchaynt or the allotment of scats to such wards in such Gram or Zilla made or purportingto be . made LInder article 2c13K of the Constitution of Indi n , shall not be called in question inany Court . .

Section 43