Prosecution Of Candidates Distributing Gifts To Voters
Legal Background
1. Definition
Bribery in elections includes distributing gifts, cash, or other inducements to influence voters.
In Nepal, this is considered a criminal offense under election laws.
2. Applicable Laws
Constitution of Nepal, 2015
Article 84: Election provisions and qualifications of candidates.
Election Commission Act, 2063 (2006)
Prohibits undue influence or inducement to voters.
Representation of the People Act, 2072 (2015)
Section 15–19: Punishes candidates who provide gifts or benefits to voters.
Violations may lead to cancellation of candidacy, fines, or imprisonment.
3. Key Legal Principles
Intent: The candidate must have the intention to influence voting behavior.
Nature of gift: Any material or financial inducement (money, goods, or services) counts.
Impact: Even minor gifts can attract penalties if they violate election law.
Case Law Examples
Case 1: Municipality Election – Candidate Gift Distribution (2017)
Facts:
A candidate distributed mobile phones and school supplies to households in a municipality to gain votes.
Legal Issues:
Whether providing gifts to voters constitutes criminal liability.
Applicability of Section 16 of the Representation of People Act.
Decision:
Election Commission received complaints and filed a case in District Court.
Court found the candidate guilty of bribery and fined NPR 250,000, also cancelling the candidate’s election victory.
Significance:
Reinforced that material inducement to voters is criminal and electoral misconduct.
Case 2: Provincial Assembly Candidate – Cash Gifts (2018)
Facts:
Candidate gave cash envelopes (NPR 5,000 each) to community leaders before voting.
Legal Issues:
Is distributing cash directly to voters illegal under Nepalese election law?
Decision:
Court convicted the candidate under Election Commission Act and Representation of the People Act.
Sentence: 6 months imprisonment and NPR 500,000 fine.
Court emphasized that cash gifts are direct bribery and cannot be justified as campaign expenses.
Significance:
Set a precedent on cash gifts as bribery, clarifying that intent to influence votes is key.
Case 3: Local Election – Food and Household Items (2019)
Facts:
Candidate provided rice, cooking oil, and blankets to families in their constituency during the election period.
Legal Issues:
Are in-kind gifts punishable even if they are ordinary necessities?
Decision:
Court ruled that any material benefit given with the purpose of influencing voting is criminal.
Candidate fined NPR 200,000 and election victory annulled.
Significance:
Expanded interpretation to include in-kind gifts, not just cash.
Case 4: Village Development Committee Election – Free Medical Camps (2020)
Facts:
Candidate organized free medical check-ups and distributed medicines during campaign.
Legal Issues:
Is providing services to voters considered inducement or legitimate community service?
Decision:
Court held that if services are provided within the campaign period with intent to influence voting, it constitutes bribery.
Candidate fined NPR 150,000.
Significance:
Clarified that even services and public benefits during the campaign may fall under electoral bribery.
Case 5: Parliamentary Election – School Supplies and Scholarships (2022)
Facts:
Candidate announced scholarships and donated school supplies to students during campaign.
Legal Issues:
Does promoting education programs during election constitute inducement?
Decision:
Court emphasized timing and intent. Since these benefits were announced only during the campaign, it was deemed inducement.
Candidate fined NPR 300,000 and declared ineligible for candidacy in that election cycle.
Significance:
Reinforced the principle that timing matters, and benefits tied to election campaigns are punishable.
Analysis of Trends
Types of Gifts
Cash, goods, services, scholarships, and even food or medical camps can constitute bribery.
Intent and Timing
Key factor is intent to influence voters during the election period.
Pre-campaign donations may be legitimate if not tied to voting.
Penalties
Includes fines, imprisonment, and cancellation of election results.
Courts also often bar convicted candidates from future elections for a defined period.
Preventive Approach
Election Commission actively monitors candidates for bribery.
Public awareness campaigns highlight that accepting gifts during elections can lead to criminal liability.
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