Model Code of ConductIn view of the fact that Model Code of Conduct is presently in force in the State of Punjab, therefore the raids are even violative of Part VII of the Model Code of Conduct which expressly states:“The party in power whether at the Centre or in the State concerned or in the State or States concerned, shall ensure that no cause is given for any complainant that it has used its official position for the purposes of its election campaign.”Representation of People Act, 1951“123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of this Act…..(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person [with the consent of the candidate or his election agent], with the free exercise of any electoral right”Indian Penal Code, 1860This act of the officials carrying out a baseless and malicious raid during the elections also violates Section 171C of the Indian Penal Code which provides as follows:171C. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—(a)threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or… shall be deemed to interfere with free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
Source link
