Section 123(3) of the RPA 1951

Context:

It has been found that the various parties and their leaders have been accused of violating Section 123(3) of the RP Act.

About the Section 123(3) of RPA 1951:

It provides that appeals by a candidate, or any other person with the consent of a candidate, to vote or refrain from voting on the ground of his religion, race, caste, community, or language is a corrupt electoral practice.

It denounces any attempt by a candidate to promote feelings of enmity or hatred among citizens on these grounds during elections.

It aims to ensure that elections are conducted in a free and fair manner, without appealing to the communal or sectarian sentiments of the voters.

It underscores the principle that the appeal for votes should be based on policies, performance, and public welfare, rather than on narrow communal or sectarian lines.

Key Provisions of the RP Act 1951:

Conducting of Elections and By-Elections;

Registration of Political Parties;

Qualifications and Disqualifications for membership of the Houses;

Corrupt Practices and Electoral Offences;

It provides that anyone found guilty of corrupt electoral practice can be debarred from contesting elections for a maximum period of up to six years.

– Dispute Redressal in matters connected to elections;

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