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

Corrupt practices in the context of cooperative society elections refer to unethical or illegal actions aimed at influencing the outcome of elections, manipulating the electoral process, or undermining the democratic rights of members. These practices may include bribery, coercion, intimidation, fraud, or other forms of misconduct that violate the principles of fairness, transparency, and integrity in electoral processes. Here are some examples of corrupt practices:

1. Bribery: Offering or accepting money, gifts, favors, or other benefits in exchange for votes or support in an election constitutes bribery. This could involve candidates or their supporters attempting to influence voters by providing inducements or incentives to sway their decision.

2. Coercion and Intimidation: Using threats, coercion, intimidation, or undue influence to compel or dissuade voters from exercising their free and independent choice in an election constitutes corrupt practices. This could involve exerting pressure on voters through physical force, verbal threats, or psychological manipulation to influence their voting behavior.

3. Fraudulent Practices: Engaging in fraudulent activities such as impersonation, ballot stuffing, tampering with election materials, or falsifying voting results constitutes corrupt practices. This undermines the integrity of the electoral process and undermines the credibility of the election outcome.

4. Abuse of Official Position: Leveraging one's official position, authority, or resources for personal or political gain in an election constitutes corrupt practices. This could involve incumbent office bearers using their position to influence the outcome of the election in their favor or to disadvantage their opponents unfairly.

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

1. Nandlal Wasudeo Badwaik v. Laxminarayan, 1991:
   In this case, the Supreme Court of India addressed the issue of improper rejection of nomination papers in cooperative society elections. The court held that the rejection of nomination papers must be based on valid grounds specified in the cooperative laws and bylaws, and must be supported by evidence. The court emphasized that the election process must be conducted fairly, transparently, and in accordance with the principles of natural justice to ensure the integrity and legitimacy of the election outcome.

2. Subhashchandra M. Goswami v. The State of Gujarat & Ors., 2016:
   This case dealt with the disqualification of a candidate from contesting cooperative society elections due to criminal charges pending against them. The Gujarat High Court held that while criminal charges alone may not disqualify a candidate from contesting elections, serious criminal charges involving moral turpitude or offenses related to corruption may render a candidate ineligible for election. The court emphasized the importance of upholding ethical standards and integrity in cooperative society elections to preserve the credibility and legitimacy of the democratic process.

These case laws highlight the significance of upholding ethical standards, transparency, and integrity in cooperative society elections to safeguard the democratic rights of members and ensure the legitimacy of the electoral process. They provide valuable guidance to regulatory authorities, election officials, candidates, and voters in promoting free, fair, and credible elections within the cooperative movement.