Violation of Representation of Peoples Act 1951

Subject: Polity

Context:

A five-member TMC parliamentary delegation will visit the Election Commission of India on Monday to raise the alleged violation of the Representation of People’s Act in connection with party spokesperson Saket Gokhale’s arrest, the party said.

About the Issue

The TMC has alleged that Gokhale was charged under section 125 of the Representation of the People Act, 1951 which relates to promoting enmity between classes in connection with an election.
Gokhale was arrested over a tweet on the prime minister’s visit to Morbi after a bridge collapse there, following which the Press Information Bureau issued a ‘fact check’ calling the information fake.

Section 125 : Promoting enmity between classes in connection with election

Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.
Section 125 is one of the corrupt practices mentioned in the Represenatation of people act, 1951.

Other Important Corrupt practices

Section 123- Corrupt Practices
All government or non-government officials are included within the scope of corrupt practices.
Bribery: Any gift/offer/promise or gratification to any person as a motive or reward.
Undue Influence: Any direct or indirect interference/attempt to interfere on the part of the candidate with the free exercise of any electoral right.
The publication by a candidate any statement of fact which is false in relation to the personal character/conduct of any candidate
The hiring or procuring of any vehicle by a candidate of any elector to or from any polling station.
Section 126 of the RPA, 1951
Prohibition of public meetings during a period of 48 hours ending with the hour fixed for the conclusion of the poll.
Section 126 is not applicable to the print media, news portals and social media
Section 126A prohibits the conduct of exit poll and dissemination of its results during the period mentioned.