88.
(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected as a Member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by the High Court be liable to a fine not exceeding three hundred rupees: |
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(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, his election shall be vacated from the date of such conviction. |
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(3) A. prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a Member at such election
| | (a) except within the period during which an election petition could, if such candidate had been elected as a Member at such election, have been presented against him in connection with his election ; and | | |
| | (b) except by a person who would have had the right to present such petition under section 95; and | | |
| | (c) except with the sanction of the Attorney-General. | | |
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(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a Member at an election under this Act from being prosecuted for an illegal practice in connection with such election under section 87 |
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