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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T16:05:07+05:30 2024-05-14T16:05:07+05:30In: Co-operation, Co-operative Law and Business Laws

What Constitute Corrupt Practices? Discuss at lease two decided case laws on Election related matters.

What Constitute Corrupt Practices? Discuss at lease two decided case laws on Election related matters.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T16:05:36+05:30Added an answer on May 14, 2024 at 4:05 pm

      Corrupt practices in the context of cooperative society elections typically involve actions or behaviors that undermine the integrity, fairness, and transparency of the electoral process. Some common examples of corrupt practices include bribery, coercion, intimidation, fraud, manipulation of voter lists, and tampering with ballot papers or election results. These practices not only violate democratic principles but also erode trust and confidence in the electoral process, thereby undermining the legitimacy of elected representatives and the functioning of the cooperative society as a whole.

      Now, let's discuss two decided case laws related to election-related matters in cooperative societies:

      1. A. Hameed vs. State of Kerala (AIR 1994 SC 266):

        In this case, the Supreme Court of India addressed the issue of fraudulent practices in cooperative society elections. The dispute arose when certain members of a cooperative society were accused of indulging in corrupt practices, including manipulation of voter lists and tampering with ballot papers, to influence the outcome of the elections. The aggrieved party challenged the election results, alleging widespread malpractices and irregularities. The Supreme Court held that the electoral process must be conducted with integrity, fairness, and transparency to uphold democratic principles. The Court ordered the annulment of the election results and directed the conduct of fresh elections under strict supervision to prevent recurrence of corrupt practices. This case underscored the importance of maintaining the integrity of cooperative society elections and taking stringent measures to curb corrupt practices.

      2. A.K. Prabhakaran vs. Registrar of Co-operative Societies (AIR 1998 Ker 232):

        In this case, the Kerala High Court dealt with a dispute over the disqualification of a candidate in a cooperative society election. The candidate was disqualified from contesting the election on grounds of engaging in corrupt practices, including bribery and coercion of voters. The disqualified candidate challenged the decision, arguing that the allegations were unsubstantiated and politically motivated. However, the High Court upheld the disqualification, noting the serious nature of the allegations and the need to uphold the integrity of the electoral process. The Court emphasized that cooperative society elections must be free, fair, and transparent, and any attempts to manipulate or influence the outcome through corrupt practices must be dealt with firmly. This case reaffirmed the importance of maintaining the purity of cooperative society elections and taking decisive action against those found guilty of corrupt practices.

      These case laws highlight the detrimental impact of corrupt practices on the democratic process and the imperative of safeguarding the integrity of cooperative society elections. Upholding transparency, fairness, and ethical conduct in electoral processes is essential to ensure the legitimacy of elected representatives and promote the effective functioning of cooperative societies.

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