compendium of instructions - Youth For Equality [PDF]

May 16, 2006 - No. ELECTION MACHINERY - APPOINTMENT AND DISCIPLINE. 1. 4/93/JS.II. 06.01.1993 Officers and staff employed in connection with the conduct of elections – police officers - regarding. 2 ...... 212 464/INST/2006-. PLN-I ...... Home Guards as per the deployment plan) on the previous day of the poll.

31 downloads 53 Views 8MB Size

Recommend Stories


Instructions for Use (PDF)
What we think, what we become. Buddha

Quick Compendium for Cytopathology
Those who bring sunshine to the lives of others cannot keep it from themselves. J. M. Barrie

Compendium
I tried to make sense of the Four Books, until love arrived, and it all became a single syllable. Yunus

compendium
The greatest of richness is the richness of the soul. Prophet Muhammad (Peace be upon him)

Compendium
Learning never exhausts the mind. Leonardo da Vinci

Compendium
It always seems impossible until it is done. Nelson Mandela

[PDF] Download Bourgeois Equality
You're not going to master the rest of your life in one day. Just relax. Master the day. Than just keep

compendium
Before you speak, let your words pass through three gates: Is it true? Is it necessary? Is it kind?

Compendium
Don't ruin a good today by thinking about a bad yesterday. Let it go. Anonymous

Compendium
The beauty of a living thing is not the atoms that go into it, but the way those atoms are put together.

Idea Transcript


COMPENDIUM OF INSTRUCTIONS ON CONDUCT OF ELECTIONS

2006 (UPTO MAY, 2006)

Nirvachan Sadan, Ashoka Road New Delhi-110 001

Sl. No.

Letter No.

Date

Subject

Page No.

ELECTION MACHINERY - APPOINTMENT AND DISCIPLINE 1

4/93/JS.II

06.01.1993

Officers and staff employed in connection with the conduct of elections – police officers regarding

2

4/93/JS.II

20.07.1993

Officers and staff employed in connection with the conduct of elections - Chief Secretary / Home Secretary - regarding

3

508/94-PS-l

13.01.1994

Criteria for appointment of DEO, RO, ERO, ARO and AERO

4

100/94/PS-I

28.03.1994

Ban on drafting officials against whom disciplinary action was taken during earlier election

5

434/94/PS-I

11.05.1994

Appointment of ROs and AROs

6

464/ES002/94

31.08.1994

Verification of antecedents and replacement of officers against whom disciplinary action was taken or who have suspected political leanings

7

508/94-PS-l

07.09.1994

Criteria for appointment of DEO, RO, ERO, ARO and AERO - clarification

8

62/ES014/94/PS.I

14.09.1994

Training of polling and police associated with conduct of elections

9

434/1/ES026/94 MCS

24.10.1994

Designation of Police Officers by State Govt. U/S 28A of RP Act, 1951

10

154/98/PLN-IV

31.08.1998

Office of the CEO - Changes in the officers & staff - regarding

11

4/2001/JS.II

07.02.2001

Disciplinary proceedings appointed on election duty

2

against

officials

officials

12

PS/AK/2005

10.09.2005

Merging of the polling parties with the Static Security Force Parties (of CPMF/District Armed Police/State Police/Home Guards)

APPOINTMENT OF POLLING/COUNTING STAFF RANDOMIZATION OF POLLING PARTY AND FACILITIES TO THEM 13

576/11/94/JS.II

15.11.1994

Period of Duty of Presiding and Polling Officers Clarifications regarding

14

458/4/96/-PS-IV/ Vol-ll

22.07.1996

Provision of Minimum Facilities to Pregnant Women Polling Personnel during Poll

3

15

ECI/GE98-464/Inst./ 98/PLN-l

18.01.1998

General Elections, 1998 - Deployment of Polling and Counting Personnel – Random Number Generation Technique

16

437/6/98-PLN-III

30.01.1998

Vehicles and Staff of Wild Life Sanctuaries, National Sanctuaries and National Game Parks - not to be requisitioned for Election Duty

17

458/4/98/PLN-IV

03.02.1998

General Elections, 1998 - Polling Personnel Amenities - Provision

18

3/1/98/J.S.II

11.08.1998

Requisitioning of Staff for Election Duties Amendment to Section 159 of the Representation of the People Act, 1951 regarding

19

458/4/98-PLN-IV

30.10.1998

Drafting of Handicapped Personnel for Election Duty

20

464/2001-INST.PLN

20.03.2001

General Elections to the State Legislative Assemblies - Deployment of Officers and Staff

21

464/Inst/2002-PLN-I

23.04.2002

Officers and Staff employed in connection with the Conduct of Elections

22

464/Inst/2004/PLN-I

06.03.2004

General Election to Lok Sabha, 2004 Deployment of officers and staff - Exemption from election duty for doctors and compounders working in veterinary hospitals and officers working in Grade-B (Cattle Extension Officers in veterinary hospitals.

23

464/Inst/2004/PLN-I

10.03.2004

Exemption from election duties for staff of Life Insurance Corporation of India

24

464/Inst/2004/PLN-I

24.03.2004

General Elections, 2004 - Requisitions of staff and vehicles

25

464/Inst/2004/PLN-I

06.04.2004

General Elections-2004 - Drafting of polling personal for election duty

26

576/3/2004/JS-II

09.08.2004

Assigning election duties - Seniority of officials to be taken into consideration

27

PS/DIR(ADMN)/2004

30.12.2004

Randomization software for allotting duties to polling personnel in the coming state assembly elections in Haryana, Bihar and Jharkhand

28

464/INST/2005/PLN-I

09.02.2005

Non-requisition of vehicles - regarding

29

464/Inst/2005/PLN-I

13.04.2005

Exemption from election duty for medical practitioners (Doctors) working at Hospitals/Primary Health Centre or Government Dispensaries- regarding

4

30

464/INST/2006/PL N-I

10.02.2006

Bye-elections to the Lok Sabha and State Legislative Assemblies, 2006 – Drafting of Polling Personnel for election duty – Randomization of Polling Personnel

31

464/INST/2006/PL N-I

17.03.2006

General Elections to State Legislative Assemblies, 2006 – Drafting of Polling Personnel for election duty – Randomization of Polling Personnel

32

464/INST/2006/PL N-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Commission’s instructions about not allowing election related officer/official or police officer to continue in his/her home district

33

464/INST/2006/PL N-I

17.03.2006

General Election to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - Constitution of polling parties to be made known to its members only at the last minute before distribution of material

GRANT OF HONORARIUM/REMUNERATION/EX-GRATIA COMPENSATION 34

218/4/93

24.03.1993

Payment of Remuneration to Staff deployed in connection with Election Work

35

218/4/93

29.03.1993

Proposal regarding Grant of Honorarium to the Officers and Staff connected with the Election Work

36

218/4/93

07.10.1993

Payment of Remuneration to the Staff deployed in connection with Election Work-regarding

37

218/4/96/PLN-IV

09.02.1996

Payment of 100% T.A./D.A. as advance to persons put on election duty

38

458/4/95/PLN-IV

14.03.1996

Fixing of Uniform Rate of Remuneration for Payment to Staff deployed on Poll/Counting Duty and for Provision of Minimum FacilitiesRegarding

39

458/4/96/PS-I/Vol.I

20.05.1996

Fixation of Minimum Rate of Remuneration for Payment to Staff deployed on Poll/ Counting Duty and Provision of Minimum Facilities regarding]]]

40

218/4/98/PLN-IV

23.06.1998

General Elections - Payment of Honorariumregarding

5

41

218/6/98/PLN-I

25.11.1998

General Elections/Bye Elections to the House of the People & Legislative Assemblies -Payment of ex-gratia compensation to the families of Polling Personnel who die or sustain injuries while on Election Duty - regarding

42

458/4/98/Vol.II/ PLN-IV

08.12.1998

Payment of Remuneration to Staff deployed on Poll/Counting Duty-Extension of Facilities to Police Personnel who are deployed in Election related work - regarding

43

218/4/99/PLN-IV

24.03.1999

Revision of Electoral Rolls - Payment Honorarium - revised rates - regarding

44

458/4/99-PLN-IV

09.08.1999

Payment of Remuneration to the Staff deployed on Poll/Counting Duty-extension of Facilities to Police Personnel who are deployed on Election related work

45

458/4/99-PLN-IV

31.08.1999

Payment of Remuneration to Staff deployed on Poll/Counting Duty

46

458/4/99-PLN-IV

10.09.1999

Payment of Remuneration to Sector Officers/ Zonal Magistrates

47

218/6/2003 PLN-I

06.02.2003

Payment of ex-gratia compensation to the families of Polling Personnel who die or sustain injuries while on Election Duty

of

OBSERVERS 48

464/84(2)

09.11.1984

General Elections 1985 - Provisions of Wireless Sets for Returning Officers/Observers during Elections - Arrangements for Observers

49

464/OBS/98/PLN

03.01.1998

General Elections, 1998 - Accommodation & Transport Arrangements for Officers appointed as Observers

50

GE98/464/OBS/98

19.01.1998

Nomination of Officers for Observers Duty in Elections

51

464/OBS/98/PLN-I

25.01.1998

General Elections - Observers - Facilities and Contingency Expenditure - Arrangements by the ROs

52

ECI/GE-98-464/ lnst./98/PLN-l

31.01.1998

Clarifications on the Guidelines issued to Observers for Lok Sabha Elections

6

53

464/OBS/98/PLN-I

12.03.1998

General Elections to Lok Sabha and certain State Assemblies, 1998 - Expenditure on Observers Clarification

54

464/OBS/98-PLN-I

24.10.1998

Observers appointed by the Commission -Provision of Facilities

55

464/OBS/99-PLN-I

12.08.1999

Election Observers - Travel Abroad

ELECTION PREPARATION A. Drafting/Requisition of Premises/Vehicles 56

458/84

06.11.1984

General Election to Lok Sabha/Legislative Assemblies and Bye-Elections - Assistance by Government of India Employees and use of Government Vehicles, etc.

57

G 27031(6)/87-B&A

12.11.1986

Requisition of Buildings belonging to Central Government Departments for Election Purposes

58

F-7(3)/ 87-Leg.-ll

23.02.1987

General Election to the Legislative Assemblies of the States of Jammu and Kashmir, Kerala and West Bengal and Bye-Elections in Andhra Pradesh, Gujarat, Maharashtra, Uttar Pradesh and Pondicherry - Assistance by Central Government employees and use of Government Vehicles, etc.

59

G 27031(6)/87B&A

60

458/91

08.04.1991

General Election to Lok Sabha and Legislative Assemblies of certain States and Union Territory of Pondicherry - Assistance by Govt. of India employees and use of Government Vehicles, etc.

61

53/5/2/91-CA.V

12.04.1991

Extending Assistance to State Government in the Conduct of Elections

62

4/98/J.S.II

10.03.1998

General Elections to Lok Sabha, 1998 -requisition of Vehicles - Payment of Compensation in case of Accident - Liability of Insurance - regarding

63

3/1/2003/JS-II

13.11.2003

Conduct of Elections (Amendment) Rules, 2003

17.12.1987

Payment of Hire/Rental Charges for Vehicles of Government/Semi-Government Departments requisitioned for Conduct of Elections to the Parliament and State Legislative Assemblies

7

64

3/ER/2004/JS-II

09.03.2004

Affidavit to be filed by candidates alongwith nomination paper - modification of format in the light of Delhi High Court's order

65

3/1/2004/JS-II

10.03.2004

Conduct of Elections (Amendment) Rules, 2003

66

3/ER/2004/JS-II

11.03.2004

Affidavit to be filed by candidates alongwith nomination paper - modification of format in the light of Delhi High Court's order

67

576/3/PTG/2004/ J.S.II

15.03.2004

Supply of Statutory and Non-Statutory Forms regarding

68

576/3/2004/J.S.II

17.03.2004

General elections to the House of the People and Legislative Assemblies - Protection of voting rights of electors subjected to preventive detentions.

69

3/1/2004/J.S.II

18.03.2004

Facilities of voting through proxy to Classified Service Voters - Amendments in Conduct of Election Rules, 1961

70

576/26/2004 PLN - I

26.03.2004

Requisition of vehicles for Election duties Payments regarding

71

437/6/23/2004PLN-III

26.03.2004

Vehicles of World Health Organization Polio Project - not to be requisitioned for election duty

72

3/ER/2004/J.S.II

01.04.2004

Affidavit to be filed by candidates alongwith nomination paper

73

576/3/2004/JS-II

07.04.2004

General Elections to the House of People and State Legislative Assemblies, 2004 - Facilities to be provided to the electors having physical disabilities – regarding

74

464/Inst/2004/ PLN-I

08.04.2004

General Elections, 2004 - Vehicles and Staff of All India Radio and Doordarshan - not to be requisitioned for election duty

75

509/110/2004-JS-I

21.04.2004

In the Supreme Court of India - WP(Civil)No.187 of 2004 - Disabled Rights Group Vs. Chief Election Commissioner & Anr.

76

3/ER/2004/J.S.II

24.04.2004

Affidavit to be filed by candidates alongwith nomination paper - modification of format in the light of Delhi High Court's order - regarding

77

576/3/2004/JS-II

11.05.2004

General Elections to the House of People, 2004 violation of provisions for maintenance of secrecy of voting - Instructions -Regarding.

78

3/ER/2004-JS-II

02.06.2004

Commission's order dated 27.03.2003, regarding right to information of the electors about the background of candidates.

8

79

PS/AK/2005

10.09.2005

Preparation of District Communication Plan

80

B. Election Material 53/2/98-PLN-IV 10.01.1998

81

54/2/99-PLN-IV

07.04.1999

Quantum of Reserve of Indelible Ink to be kept during Election period - regarding

82

51/8/3/2004/ PLN-IV

20.01.2004

Use of Electronic Voting Machines in the General Elections, 2004.

83

51/8/2004-PLN-IV

30.01.2004

Printing and Supply of Outer Paper Strip Seals regarding

84

51/3/2003/PLN-IV

30.01.2004

Revised rates of the Arrow Cross Mark rubber stamps for marking the ballot papers

85

51/6/16/4/2004PLN-IV

03.02.2004

Service Tax @ 8% on Service charges regarding

86

51/8/16/6/2004 PLN-IV

15.03.2004

General Election to Lok Sabha, 2004 Guidelines for use of Electronic Voting Machines

87

53/2/2004-PLN-IV

24.03.2004

General instructions - Green Paper Seals regarding

88

51/8/7/2004 PLN-IV

05.04.2004

General Elections to the Lok Sabha, 2004 Simultaneous elections in Andhra Pradesh, Karnataka, Orissa and Sikkim Legislative Assemblies - Preparation of EVMs

89

464/OBS/EVM/ 2004

12.04.2004

General Elections - 200 - Security Measures for Electronic Voting Machines - regarding

90

51/8/5/2004 PLN-IV

22.04.2004

Electronic Voting Machines - Auxiliary Display Units.

91

51/8/2/2004 PLN-IV

23.04.2004

Supply of additional Power Pack for EVMs to Polling Parties - reg.

92

51/8/5/2004 PLN-IV

04.05.2004

Electronic Voting Machines - Auxiliary Display Units.

93

51/8/16/8/2004/ PLN-IV

25.05.2004

General Elections to Lok Sabha, 2004 Evaluation of Electronic Voting Machines

Printing of New Design Green Paper Seals -regarding

9

94

51/8/misc./2004 PLN-IV

13.08.2004

Request for supply of EVM - regarding

95

51/8/16/8/2004/ PLN-IV

23.08.2004

General Elections to Lok Sabha, 2004 Evaluation of Electronic Voting Machines

96

51/8/16/3/2004 PLN-IV

25.08.2004

Testing Charges for the personnels of State Level Nodal Agencies -reg.

97

464/OBS/EVM/ 2004 PLN-IV

17.09.2004

General Elections to State Legislative Assembly in the states of Arunachal Pradesh and Maharashtra and bye-elections to fill up casual vacancies in State Legislative Assemblies and Parliamentary Constituencies - regarding security measures for Electronic Voting Machines

98

51/8/16/8/2004/ PLN-IV

26.10.2004

General Elections to Lok Sabha, 2004 Evaluation of Electronic Voting Machines

99

51/8/16/8/2004/ PLN-IV

05.01.2005

General Elections to Lok Sabha, 2004 Evaluation of Electronic Voting Machines

100

51/8/2005-PLN-IV

12.01.2005

Introduction of Braille Signage Features in Electronic Voting Machines

101

51/15/2005/PLN-IV

31.01.2005

Information regarding Ballot Boxes -regarding

102

51/8/2/2004-PLN-IV

01.02.2005

Disposal of unserviceable/expired batteries of Electronic Voting Machine

103

51/8/2005-PLN-IV

01.02.2005

Introduction of Braille Signage Features in Electronic Voting Machines

104

PS/AK/2005

06.09.2005

Training of officials/Presiding Officers/Patrolling & Sector Magistrates on EVMs

105

PS/AK/2005

10.09.2005

Training of polling parties on EVMs and procedure to be followed at the polling station

106

PS/AK/2005

17.10.2005

Preparation of EVMs for polling

107

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – District Election Officers to hold comprehensive training programme on operation and functioning of EVMs for representatives of various political parties

10

108

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Proper hand on training to Presiding/Polling Officers and Patrolling/Sector/Zonal Magistrates in operation of EVMs as well as their sealing after poll

109

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Training to all Presiding Officers/Patrolling Officers & Sector Magistrates on preparation of EVMs to be in accordance with the instructions of the Commission and DEOs to ensure this

110

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Instructions for pressing ‘CLOSE’ button at the end of poll, and preparation of Form 17A

111

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Identification of electors - All Presiding Officers to note down the kind of identification document produced by the elector at the time of casting of his/her vote.

112 56/Gen/96-J.S.II

25.03.1996

Concessions to Candidates set recognized State Parties at Elections States under Para 10 of the Election (Reservation and Allotment) Order, regarding

113 56/228/96/JUD.II

14.08.1996

Registered un-recognized Political Parties under Section 29-A of the RP Act, 1951 are registered Parties for all States/UTs

114 576/3/96/JUD-II

23.08.1996

Delivery of Form 'A' & Form 'B' under Election Symbols (Reservation and Allotment) Order, 1968 to Chief Electoral Officer and Returning Officer - regarding

115 576/3/96-JUD-II

20.09.1996

Clarification of setting-up of a Candidate of a recognised State Party in a State which is not recognised

THE POLL A. Nomination

11

up by in other Symbols 1968 -

116 576/3/96/JUD-II/ 3881-3913

20.03.1997

Submission of Form-A is necessary

117 576/3/98/J.S.II

16.12. 1998

Forms for taking Oath/Affirmation by the Candidates contesting Election - Clarification

118 576/4/2001/J.S.II

12.10.2001

Election Petition No. 1 of 1996 - Shri Suresh Chand Gupta alias Bacchu Babu, Advocate Vs. Shri Harnath Singh Yadav & others -Directions of the High Court of Judicature at Allahabad Commission's Instructions -regarding

119 576/3/2002/J.S.II

18.01.2002

General Election to the State Legislative Assembly, 2002 - Filling of Nomination Papersregarding

120 J.S.II

25.10. 2002

The Representation of the People (Amendment) Ordinance, 2002 and the Conduct of Elections (Amendment) Rules, 2002

121 4/2003/JS-II

06.02.2003

Disqualification for Conviction under Section 8 of Representation of the People Act, 1951 -Clarification

122 3/ER/2003/JS-II

27.03.2003

Supreme Court's order dated 13.03.2003 relating to right to information of Electors regarding Criminal Antecedents, Assets and Liabilities and Educational Qualifications of Candidates - Implementation of the Order

123 3/ER/2003/JS-II

27.03.2003

Supreme Court's order dated 13.03.2003 relating to right to information of Electors regarding Criminal Antecedents, Assets and Liabilities and Educational Qualifications of Candidates - Implementation of the Order

124 509/1/2005/JS-I

14.01.2005

PIL matter before Patna High Court regarding absconders contesting elections (CWJC No. 7252/2004-The India Medical Association Vs. State Govt. and others)

125 509/5/2005/JS-I

14.01.2005

Representation of the People Act, 1951Sections 8(3) and 8(4) Interpretation thereof by the Supreme Court of India – CA No. 8213 of 2001 with Civil Appeal No. 6691 of 2002 – Forwarding of Judgment dated 11.1.2005 of the Hon’ble Court– Reg.

126 509/5/2005/JS-I

20.01.2005

Judgment dated 11.1.2005 of the Hon’ble Supreme Court regarding interpretation of Section 8(3) and 8(4) - clarification

12

127

PS/AK/2005

10.09.2005

Restriction on number of vehicles and people at the time of nominations

128

3/ER/2005/JS-II

17.01.2006

Affidavits to be furnished by candidates alongwith nomination papers - regarding

B. 129

Postal Ballot Facility

52/1/84

06.11.1984

General Elections/Bye-Elections - Dispatch of Postal Ballot Papers to Persons residing in Indian Missions abroad

130 52/1/84

07.11.1984

General/Bye-Elections - Dispatch of Postal Ballot Papers for Armed Forces Personnel -Assam Rifles - Central Reserve Police -Members of Armed Reserve Police - Members of Armed Police of Force of a State serving outside the State B.S.F. - Indo Tibetan Border Police Force Central Industrial Security Force etc.

131 3/ER/96/JUD-II

18.09.1997

Order of Arrangement of Names on Postal Ballot to be same as in Form 7A (List of Contesting Candidates)

132 576/3/98-JS-II

12.10.1998

Protection of Voting rights of Electors subjected to Preventive Detention

133 464/Inst/98/PLN-I

02.11.1998

Scheme to Streamline the Postal Ballot System for Voters on Election Duty, etc.

134 52/1/2001/J.S.II

04.04.2001

General Elections to State Assembly, 2001 -Instructions regarding Postal Ballot Papers

135 576/3/2002/JS-II

31.01.2002

Scheme to Streamline the Postal Ballot System for Voters on Election Duty - regarding

136 3/1/2004/JS-II

10.03.2004

Election duty by Govt. servants deprived of their right to vote

137 52/2004/JS-II

09.09.2004

Postal ballot facility for personnel on election duty

138 509/110/2004/JS-I

20.10.2005

Providing facilities to the disabled voters

139 100/MIZ-LA/2/2005

28.11.2005

Bye-elections to the Mizoram Legislative Assembly from 26-Kawrthah (ST) and 28Phuldungsei (ST) ACs - postal ballot papers to Bur voters -reg.

C.

SPECIAL ARRANGEMENTS FOR ELECTORS ON THE DAY OF POLL

140 576/11/ESO24/94J.S.II

21.10.1994

General Elections to State Legislative Assemblies - 1994 Special Facilities in Polling Stations for Women Electors

13

141

576/3/98/JUD-II

19.01.1998

General Elections to the House of People and State Legislative Assemblies, 1998 -Facilities to be provided to the Electors having Physical disabilities - regarding

142

458/4/98/PLN-IV

01.06.1998

Bye-elections in June, 1998 - Facilities at Polling Stations during the hot weather conditions

143

576/11/2004/J.S.II

17.03.2004

Handbook for Presiding Officers - correction regarding - Set Up of Polling Stations For Simultaneous Election

144

458/4/2004/PLN-IV

12.04.2004

General Election to Lok Sabha and State Legislative Assembly Elections in Orissa, Sikkim, Karnataka and Andhra Pradesh, 2004 - Facilities at Polling Stations during the hot weather conditions

145

64/2004/PLN-II

28.12.2004

Polling stations - creation of auxiliary polling stations - Regarding

146

PS/AK/2005

06.09.2005

Providing auxiliary polling stations and additional polling officers at polling stations for smooth polling

147

PS/AK/2005

10.09.2005

Identification of hyper-sensitive/sensitive polling stations and requirement of Central Para Military Forces

148

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Providing auxiliary polling stations

149

64/POND/2006

17.03.2006

Preparation of polling stations in UT of Pondicherry – Setting up of auxiliary polling stations – regarding

150

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – sending proposals for shifting of polling stations from higher floors to ground floor for the benefit of disable electors

151

464/WB-LA/2006

18.03.2006

General Election to Legislative assembly of West Bengal, 2006 Providing of one additional polling personnel in each polling party – Regarding

D.

Appointment of Election Agent and Polling/Counting Agents

152

576/11/96/J.S.-II

02.04.1996

Appointment of Polling Agents - Identification

153

576/10/96/Judl-II

26.08.1996

Issue of Photo Identity Cards to Candidate and Election Agents

154

464/INST/97/(MIN)/ PLN-I 576/1 2/2001/J.S.II

03.03.1997

Appointment of Sitting Ministers as Election Agents and Counting Agents Appointment of MP and MLA as Election Agent

155

20.04.2001

14

156

576/12/2004/JS-II

157

464/INST/2005/ PLN-I

E.

01.12.2004

28.01.2005

Persons with Security Cover (MPs/MLAs) appointment as Election Agent etc. - Clarification State Assembly Elections, 2005 - Issue of Photograph/Identity Card to the Polling Agents

Conduct of Poll

158

576/3/84/-JS-II

07.11.1984

General/Bye-Elections - Impersonation Elections / Check Measures

159

464/UV85

07.02.1985

Preparation of Ballot Paper Account and Supply of Attested Copies to Agents

160

576/11/88 J.S.II

14.06.1988

Obligatory Supply of Ballot Paper Accounts to Agents by the Presiding Officers - Instructions

161

576/3/94/J.S.II

19.05.1994

Procedure for Examination and Preservation of Presiding Officers' Diaries after Completion of Poll - Instructions

162

576/1 1/(ES027)/ 95/JS-II

05.01.1995

Steps to prevent Commission of Irregularities by Presiding Officers

163

464/INST/98/PLN-I

14.02.1998

General Elections, 1998 - Safe Custody of Polled Ballot Boxes

164

576/11/98-JS-II

21.11.1998

Maintenance of Presiding Officers' Diary and Preparation of Ballot Papers Account by Presiding Officers - Steps to Prevent Irregularities - regarding

165

576/1 2/99-JS-II

18.08.1999

Polling Agents not to be allowed to take away the copy of Electoral Roll outside the Polling Booth during the Poll hours

166

4/3/2001 J.S.II

29.03.2001

Issue of Unofficial Identity Slips

167

576/3/2001/J.S.II

30.04.2001

Issue of Unofficial Identity Slips during Elections - regarding

168

3/1/2003/JS-II

23.09.2003

Facilities of Voting through Proxy to Classified Service Voters - Amendments in the Conduct of Election Rules, 1961

169

3/1/2003/JS-II

20.10.2003

Facilities of Voting through Proxy to Classified Service Voters - Amendments in the Conduct of Election Rules, 1961

170

576/2/2004/PLN-II

16.03.2004

Keeping of Urdu Electoral Rolls at the Polling Station in 130 Assembly Constituencies in Uttar Pradesh - Regarding

15

at

171

3/4/ID/2004/J.S.II

02.04.2004

General Elections to the House of the People, 2004/State Legislative Assemblies and Byeelections - Commission's Order regarding use of Electoral Photo Identity Cards.

172

576/3/2004/J.S.IIVol.II

16.04.2004

Printing of unofficial identity slips by political parties

173

PS/AK/2005

06.09.2005

Production of prescribed identification documents for identification of electors on the poll day at the time of voting

174

PS/AK/2005

06.09.2005

Instruction to be followed by Presiding Officers at the polling station at the end of poll

175

PS/AK/2005

06.09.2005

Requirement of uniformity between the electoral rolls provided at the polling booths and those provided to the candidates/political parties

176

PS/AK/2005

10.09.2005

Movement of Patrolling Magistrates/Sector Magistrates between various polling stations on the day of poll and making an entry in the 'Visit Sheet'

177 PS/AK/2005

10.09.2005

Ordering of adjourned pool due to delay in polling

178 PS/AK/2005

15.09.2005

179 PS/AK/2005

06.10.2005

Certificate by the Presiding Officer about the nature of identity and production thereof on polling day Permits for vehicles used by leaders of political parties

180 PS/AK/2005

07.10.2005

Use of vehicles for campaign purpose by candidates and political parties

181 3/4/ID/2005/J.S.II

11.10.2005

General Elections to the Legislative Assembly of Bihar, 2005 (September-November) Commission's Order regarding identification of electors (also contains Commission’s letter dated 28.10.2005 on 3rd and 4th phase of election in Bihar.}

182 PS/AK/2005

13.10.2005

Movement of Patrolling Magistrates/Sector Magistrates between various polling stations on the day of poll and making an entry in the 'Visit Sheet'

183 PS/AK/2005

14.10.2005

Verification of Form 17-A (Register of voters)

184 3/4/ID/2006/J.S.II/ (BYE)

31.01.2006

Bye-Elections to the State Legislative Assemblies – Commission’s Order regarding identification of electors

185 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Report by the Observers regarding their visits to various polling stations

16

186 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – material and dimension for making of Voting Compartment and placement thereof for secrecy of voting

187 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Various Patrolling Magistrates/Sector Magistrates to keep oscillating between various polling stations allotted to them on the day of poll and make an entry in the ‘Visit Sheet’

188 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – All Presiding Officers to attach the ‘Visit Sheet’ to the Presiding Officer’s diary at the time of submission

189 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Commission’s decision for ordering adjourned poll at all those polling stations, where polling fails to start for two hours.

190 464/INST/2006/ PLN-I

17.03.2006

191 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - Preparation of a comprehensive communication plan for each district during elections to avoid delay in sending critical information from polling stations/Magistrates/ Zonal Magistrates General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - Preparation of a District Communication Plan for the poll days

192 464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Requirement of uniformity between the electoral rolls provided at the polling booths and those provided to the candidates/political parties

193 3/ER/94/J.S.-II

27.04.1994

Multiplicity of Candidates at -Measures to reduce - regarding

194 3/ER/94/J.S.II

16.08.1994

Prevention, Intimidation, use of Force, etc. in the matter of Nomination of Candidates belonging to Weaker Sections and Bribery and for setting up or securing Withdrawal of Candidates

OTHER INSTRUCTIONS

17

Elections

195 3/ER/ESO 11/94/ JS-II

07.09.1994

Multiplicity of Candidates at -Measures to reduce - regarding

196 3/1/94/J.S.II

05.12.1994

197 3/ER/94/J.S.II/Vol.II

07.12.1994

Countermanding of Poll under Section 52 of the Representation of the People Act, 1951 on account of the death of a Contesting Candidate set up by Recognised Political Party - regarding Multiplicity of Candidates at Elections -Measures to reduce - regarding

198 576/3/97/J.S.II

20.01.1997

Printing of Legend 'General' on Ballot Papers of a Constituency where Poll was adjourned under Section 52 of RP Act, 1951

199 576/3/98-JS-II

03.02.1998

Possession of Arms near the Polling Station -restriction

200 3/8/2000 J.S.II

26.12.2000

Use of Loudspeakers for Election Campaigns Consolidated Instructions

201 509/75/2004/JS-I

15.04.2004

Supreme Court's Order dated 13th April, 2004 relating to advertisements of political nature on TV Channel and cable networks.

06.09.2005

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over Violation of the secrecy of vote by political functionaries

202

PS/AK/2005

203

PS/AK/2005

204

PS/AK/2005

205 3/8/2005/JS-II

10.09.2005 10.09.2005

26.09.2005

Elections

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes Use of Loudspeakers for election campaigns regarding

206

PS/AK/2005

13.10.2005

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes

207

PS/AK/2005

15.10.2005

Instructions on restrictions on wireless sets provided by the State to the political functionaries or to the Security personnel accompanying them

208

PS/AK/2005

15.10.2005

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes

209

464/INST/2006PLN-I

09.03.2006

Offences of Atrocities

18

210

464/INST/2006PLN-I

09.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - Instructions on restrictions on wireless sets provided to political functionaries and to the Security personnel accompanying them (to CEOs)

211

464/INST/2006PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Instructions on restrictions on wireless sets provided to political functionaries and to the Security personnel accompanying them (to Chief Secretaries)

212

464/INST/2006PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restrictions on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes

213

464/INST/2006PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restrictions on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes

214

464/INST/2006PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restriction on number of vehicles used for campaign purpose without proper authorization/permit or failing to display the vehicle permits

215

464/INST/2006PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Permits for vehicles - regarding

216 470/94/Vol.II/JS-II

29.12.1994

Counting of Votes of one Assembly Constituency at different places in same premises - regarding

217 470/96 JS.II

10.04.1996

Counting of Votes at simultaneous Elections

218 470/COUNT-INST/ 98/PLN-l

23.01.1998

General Elections, 1998 - Instructions for Facilities at Counting Centres and Management of the Counting Process

COUNTING OF VOTES

19

219 470/98/J.S.II

16.02.1998

General Elections to the House of the People, 1998 - Place of Counting - Arrangements for Emergency Lights in and around the Counting Hall - regarding

220 464/INST/98/PLN-I

17.02.1998

General Elections, 1998 - Clearance to start Counting not necessary Directions

221 470/98-Judl-II

26.11.1998

General Elections to the Legislative Assemblies of Rajasthan, Madhya Pradesh, Mizoram and National Capital Territory of Delhi and various Bye-Elections scheduled to be held on 25.11.1998 - Counting of Votes and Declaration of Results in the case of Constituencies where Electronic Voting Machines have been used -Directions - regarding

222 470/99-PLN-I

27.05.1999

Setting up of Counting Centres for the General Election, 1999

223 470/99-PLN-I

29.06.1999

Setting up of Counting Centres for the General Elections, 1999

224 470/2003/JS-II

25.11.2003

Counting of Votes - Clarification

225 470/2004-PLN-I

22.03.2004

General Elections 2004 - Setting up of counting centers

226 470/2004-PLN-I

06.04.2004

227 470/2004/JS-II

09.05.2004

General Elections 2004 - Facilities at counting centers and management of the counting process General Election to the House of the People and General/Bye-elections to the State Legislative Assemblies - Counting of votes - Clarification

228 576/3/2004/JS-II

20.08.2004

General Elections to Lock Sabha and certain Legislative Assemblies, 2004 - Supply of results sheet to public

229

470/2004/PLN-I

01.09.2004

General Election to State Legislative Assemblies, 2004 - Setting of Counting Centres

230

464/L&O/2/2005/ PLN-I

12.01.2005

General Elections to State Legislative Assemblies, 2005 - Security Arrangements at Counting Centres

231

PS/AK/2005

232

464/INST/2006/ PLN-I

06.10.2005

General Elections to the Legislative Assembly of Bihar, 2005 - Security Arrangements at Counting Centres

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Obtaining authorization from concerned Observer before result of election is declared by the Returning Officer

20

MODEL CODE AND BAN ON TRANSFER 233

437/6/93 PS. II

31.12.1993

General Elections and Bye-Elections - Special Instruction to curb the misuse of free Travel passes in the interest of free and fair Elections

234

437/6/ES023/94 MCS 04.10.1994

General Elections to the Legislative Assemblies, 1994 - Clarifications regarding the Conduct of Candidates and Political Parties

235 437/6/95/MCS-Vol.I

24.02.1995

General Elections to the Legislative Assemblies 1995 - Clarification regarding the restrictions of Model Code of Conduct and Connected Instructions

236 434/6/PLN-III

22.03.1996

Major Tenders and Auctions - regarding

237

437/1/96-PLN-III

12.09.1996

238 437/6/98-PLN-III

08.01.1998

Clarification about the area where the Model Code of Conduct will be applicable during byeelection. Restrictions on use of Government Guest Houses, Bhawans and State Sadans for holding of Political Parties meeting regarding Election purposes

239 437/6/98-PLN-III

10.01.1998

Celebration of Republic Day - Attendance of Political Functionaries

240 437/6/98-PLN-III

20.01.1998

Model Code of Conduct - Use of Rest Houses, Dak Bungalows and other Government Accommodation

241 437/6/98-PLN-III 242

ECI/GE98-437/6/ BR/98-PLN-III

243

447/98/PLN-IV

244 437/6/98-PLN-II

23.01.1998 27.01.1998

Restrictions on Tours/Leave of the Officers whose spouses are active in Political Arena Iftehar Party - 10000 Invitees at CM's residence at State cost

04.02.1998

Lok Sabha Elections - Monitoring in hotly contested Constituencies

15.09.1998

Preparations for Election for Electing new State Assemblies

245 434/1/99-PLN-III

12.07.1999

Posting of IAS Probationers

246 437/6/99-PLN-III

28.07.1999

Celebration of Independence Day -Attendance of Political Functionaries

247 437/6/99-PLN-III

16.08.1999

Celebration of Sadbhavana Diwas -Participation of Political Functionaries

21

248

437/6/2002-PLN-III

25.01.2002

Model Code of Conduct - Waiving off of recoveries and bad debts by State Government Financial Institutions during Election Period regarding

249

437/6/1/2004-PLN-III

11.02.2004

General Elections to the Lok Sabha and State Legislative Assemblies - posting of officers

250

437/6/3/2004-PLN-III

19.02.2004

Restrictions on eviction/demolition unauthorized structures, etc. - Regarding

251

437/7/2004-PLN-III

29.02.2004

General Elections to Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim - Application of Model Code of Conduct

252

437/6/2004-PLN-III

08.03.2004

Display of advertisements and hoardings at the cost of public exchequer

253

437/6/16/2004

09.03.2004

Model Code of Conduct

254

437/6/23/2004

11.03.2004

General Elections 2004 - Implementation of drought relief work - regarding

255

437/6/6/2004

25.03.2004

Applicability of Model Code of Conduct

256

437/6/16/2003/ PLN-III

01.04.2004

Clarification regarding implementation of Rural Development Programmes

257

437/6/38/2004PLN-III

06.04.2004

Model Code of Conduct - Use of Rest Houses, Dak Bungalows and other Government accommodation

258

437/6/2004-PLN-III

23.04.2004

General Elections 2004 - Model Code of Conduct

259

437/6/2004-PLN-III

29.04.2004

General Elections 2004 - Model Code of Conduct

260

437/6/2004-PLN-III

08.05.2004

General Elections 2004 - Model Code of Conduct

261

437/6/2004-PLN-III

08.05.2004

General Election to Lok Sabha 2004 - reasonable restrictions on movement of vehicles to ensure free and fair elections - clarification regarding

262

437/6/2004-PLN-III

19.05.2004

General Elections to Lok Sabha and certain State Assemblies, 2004 - Model Code of Conduct regarding

263

437/6/2004-PLN-III

05.08.2004

General Election to the Maharashtra Legislative Assembly - Posting of officers

264

437/6/1/2004-PLN-III

11.08.2004

General Election to the Maharashtra Legislative Assembly - Posting of officers - Judgment of Maharashtra Administrative Tribunal Mumbai, Aurangabad Bench - Regarding

22

of

265

437/6/2004-PLN-III

24.08.2004

Release of funds under MPs'/MLAs' Local Area Development Scheme

266

437/6/2004-PLN-III

24.08.2004

Application of Model Code of Conduct

267

437/6/24/2004Vol.II

20.09.2004

Participation of Minister of Human Resource Development as a Chief Guest on the occasion of 91st convocation of Nagpur University to be held on 29th September 2004 - Reg.

268

437/6/2004-PLN-III (Vol.-III)

21.09.2004

Proposal for providing discount of 60% to 90% of tariffs normally applicable by DoT and BSNL on the State Wide Area Networks and Internet for promoting e-governance - reg.

269

437/6/2004-PLN-III (Vol.-III)

21.09.2004

Announcement of policy for broadband connectivity to increase the use of broadband for Internet access - reg.

270

437/6/25/2004/ PLN-III

27.09.2004

Conduct of Recruitment Rally at AF Station Cottongreen, Mumbai from 18-21st October 2004 - deferment of publication of advertisement regarding

271

437/6/2004-PLN-III

28.09.2004

Celebration of Gandhi Jayanti - participation of political functionaries

272

437/6/2004-PLN-III

29.09.2004

Statement regarding Haj Subsidy

273

437/6/28/2004/ PLN-III

29.09.2004

Placing of advertisement on the World Habitat Day in the National Dailies on 4th October, 2004

274

437/6/2004-PLN-III

04.10.2004

275

437/6/Textile/2004PLN-III

07.10.2004

Complaints on violation of Model Code of Conduct Application of Model Code of Conduct

276

437/6/2004-PLN-III

07.10.2004

277

437/6/Misc./2004PLN III

08.10.2004

278

437/6/1/2004-PLN III

23.11.2004

General Elections to the Legislative Assemblies of the States of Bihar, Haryana and Jharkhand Posting of officers

279

437/6/2004-PLN-III

17.12.2004

Release of funds under MPs/MLAs' Local Area Development Scheme

280

437/6/2004-PLN-III

17.12.2004

Application of Model Code of Conduct

281

437/6/2004-PLN-III

24.12.2004

Display of advertisements and hoardings at the cost of public exchequer

Setting up of National Commission for the Welfare of Socially and Economically Backward Sections among Religious and Linguistic Minorities Advertisement for Pulse Polio Campaign clarification reg.

23

282

437/6/2004-PLN-III

24.12.2004

Display of advertisements and hoardings at the cost of public exchequer

283

437/6/24/2004PLN-III (Vol. I)

24.12.2004

Application of Model Code of Conduct Participation of HRD at the Death Anniversary function of Late Raja Jait Singh on 24th December, 2004, at Nimka, Faridabad, Haryana Regarding

284

437/6/2004-PLN-III

28.12.2004

Application of Model Code of Conduct

285

437/6/2004-PLN-III

28.12.2004

Release of funds under MPs'/MLAs' Local Area Development Scheme

286

437/6/2004-PLN-III

30.12.2004

Model Code of Conduct - Ban on Video Conferencing - Regarding

287

437/6/33/200/PLN-III

31.12.2004

General Election to State Legislative Assemblies of Bihar, Jharkhand and Haryana, 2005 Applicability of Model Code of Conduct - reg.

288

437/6/2005-PLN III (Vol. II)

03.09.2005

Application of Model Code of Conduct Legislative Assembly Election - 2005- Bihar

289

437/6/2005-PLN III

10.09.2005

Model Code of Conduct - Display of advertisements and hoardings - Use of Rest Houses, Dak Bungalows - Celebration of Gandhi Jayanti during General Election to the Legislative Assembly of Bihar - Instructions - Regarding

290

437/6/2006-PLN-III (Vol. III)

16.03.2006

Implementation of National Rural Employment Guarantee Act (NREGA) - Application of Model Code of Conduct - Regarding

291

464/INST/2006/PLN-I

17.03.2006

General Election to Tamill Nadu Legislative Assembly - Application of Model Code of Conduct in letter and spirit

292

437/6/2006-PLN III (Vol-II)

20.03.2006

Application of Model Code of Conduct

24

-

B. Payment out of Discretionary Funds and MP/MLA Local Area Development Fund 293

576/1 7/84

09.11.1984

Payments out of the Discretionary Funds on the Eve of General Elections or Bye-Elections

294

437/6/89

07.11.1989

Payment from the Discretionary Grants of Ministers on the eve of General Elections regarding

295

437/7/2004-PLN-III

29.02.2004

General Elections to Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim - Release of Funds under MPs'/MLAs' Local Areas Development Scheme

296

437/6/2005-PLN III

03.09.2005

Release of funds under MPs'/MLAs' Local Area Development Scheme

21.10.1994

Election Period - Tours of Ministers

298

437/6/ES0025/94/ MCS 437/6/96/PLN-III

17.01.1996

General Elections - Tours of Ministers

299

437/6/99-PLN-III

15.07.1999

Tours of Union Ministers - regarding

300

437/6/4/2003-PLN-III

12.06.2003

Model Code of Conduct - Tours of Ministers during Bye-Elections in a State/UT

301

437/6/7/2004/PLN-III

28.12.2004

Tours of Union Minister of Railways

TOUR OF MINISTERS 297

USE OF AIRCRAFT/OFFICIAL VEHICLES 302

437/6/94/MCS- Vol.V

20.10.1994

Chartering of Aircraft and Helicopters

303

437/6/96-PLN-III

09.04.1996

General Elections - Security cover to Ministers/ Candidates

304

437/6/98/PLN-III

08.01.1998

Use of Aircraft by Political Parties - regarding

305

437/6/99-PLN-III

14.07.1999

Use of Government regarding

306

437/6/98-PLN-III

18.08.1999

Use of Aircraft during the Election Process

307

437/6/98-PLN-III

18.08.1999

308

4/2001/J.S. II

30.03.2001

Use of Privately owned Aircrafts other than Scheduled Commercial Flights by Political Parties and the Government Functionaries Prevention of Misuse of Official Vehicles during Elections - Clarification

25

Aircrafts/Helicopters

-

309

4/2001 /JS-II

08.05.2001

Supervision and Monitoring of Poll and Counting Process by Leaders of Political Parties by using Private fixed-wing Aircraft and Helicopters on the days of Poll and Counting - regarding

RESTRICTIONS ON USE OF VEHICLES 310

437/6/96/PLN-III

15.01.1996

General Elections/Bye-Elections – Prevention of Misuse of 'Official Vehicles' during Elections

311

437/6/96/PLN-III

16.01.1996

General Elections/Bye-Elections – Restrictions on Misuse of Vehicles

312

437/6/97-PLN-III

18.03.1997

General Elections/Bye-Elections to Lok Sabha and State Legislative Assemblies – Instructions on Misuse of Vehicles during Election Period regarding

EXPENDITURE ON SECURITY ARRANGEMENTS - SHARING 313

437/6/OR/95/MCS/ 1158

29.03.1996

Expenditure on Security of PM during Election Visits

314

437/6/GUJ/98PLN-III

16.01.1998

Model Code of Conduct - Expenditure on the bullet proof cars and all other cars used by Ministers for security reasons - regarding

315

76/2004/J.S.II

10.04.2004

Expenditure to be incurred on barricades and rostrums etc.

ELECTION EXPENDITURE 316

76/81

18.09.1981

Lodging of Accounts of Election Expenses

317

76/93/J.S.II

27.12.1993

Enforcement of Provision of Section 171H IPC of relating to illegal election expenses

318

76/95/J.S.II

10.04.1995

Language in which the accounts of Election Expenses may be filed by the Contesting Candidates

319

76/EE/96-Jud.II

07.04.1996

Supreme Court's Judgment dated 4.4.1996 in Writ Petition No. 24 of 1995 (Common Cause Vs. Union of India and others) relating to Election Expenditure

320

76/EE/96-Judl.II

07.04.1996

Supreme Court's Judgment dated 4.4.1996 in Writ Petition No. 24 of 1995 (Common Cause Vs. Union of India and Others) relating to Election Expenditure

321

76/OBS/96/PLN.I

07.04.1996

General Elections to Lok Sabha and State Legislative Assemblies, Guidelines - regarding

05.01.1998

Maintenance of Account Expenditure by the Candidates

322

26

of

Election

323

76/98/JS.II

19.01.1998

General Elections/Bye-Elections - Instructions for Guidance of Contesting Candidates for Lodging their Accounts of Election Expenses -Inspection of Accounts of Election Expenditure as an additional measure - regarding

324

76/98/J.S.II

30.10.1998

Daily Accounts of Election Expenditure to be maintained by Contesting Candidates in prescribed Register - submission to the Officers/Expenditure Observers for Scrutiny -Compliance - regarding

325

76/2003/JS.II

24.10.2003

Revised Format for Maintaining Account of Election by Candidates under Sections 77 and 78 of the Representation of the People Act, 1951

326

76/2003/JS.II

29.10.2003

General Elections/Bye-Elections - Instructions for Guidance of Contesting Candidates for lodging their accounts of Election Expenses -Inspection of Accounts of Election Expenditure as an additional measure -regarding

327

76/2003/JS-II

02.01.2004

General Elections - Instructions for Guidance of Contesting Candidates for Lodging their Accounts of Election Expenses - Inspection of Accounts of Election Expenditure as an additional measure - regarding

328

76/2004/J.S.II

12.03.2004

329

76/2004/J.S.II

17.03.2004

Instructions for guidance of contesting candidates for lodging their accounts of elections expenses - Inspection of accounts of election expenditure as an additional measure regarding Lodging of accounts of election expenses -Preparation of rates chart

330

3/1/2004.JS-II

03.04.2004

Names of leaders of political parties for the purposes of section 77(1) of the Representation of the People Act, 1951

331

576/10/2004/JS-II

19.04.2004

Maximum election expenses - Handbook for candidates - Revision of ceiling - regarding

332

3/10/2004/JS-II

23.04.2004

Election campaigns of political parties and candidates - measures to curb highly expensive campaigns and for maintenance of law and order during elections - regarding

333

76/2003/JS II

28.05.2004

Filing of accounts of election expenses by the contesting candidates - timely disposal Regarding

27

334

76/2004/JS-II

06.08.2004

Accounts of election expenses - Clarification regarding

335

76/2005/J.S.II

25.05.2005

Filing of accounts of election expenses by the contesting candidates - timely disposal Regarding

336

76/EE/2005/JS.III

06.10.2005

Expenditure incurred by leaders of the party in election campaign [addressed to President/General Secretary of CPI, CPI (Marxist), NCP, CPI (Marxist Leninist)(Liberation), RJD & LJSP]

337

76/EE/2005/JS.III

07.10.2005

Expenditure incurred by leaders of the party in election campaign [addressed to President of JD(U)]

338

576/3/2005/J.S.II

29.12.2005

Election Campaign by political parties and candidates - election expenditure of candidates regarding

LAW & ORDER 339

576/11/ES028/ 95/ JS.II

10.01.1995

Maintenance of Law and Order and Prevention of Electioneering within the prohibited area around Polling Stations

340

464/96 (L&O)

17.01.1996

Preventive Action to ensure Conduct of Peaceful, free and fair Poll during the forthcoming General Elections

341

464/96-L&O/PLN-I

13.03.1996

General Election/Bye-Elections - restrictions on Possession of Arms during Elections

342

464/96/L&O/PLN-I

14.03.1996

General Election/Bye-Elections - free and fair Elections - Special measures to prevent Booth capturing

343

464/INST/98/PLN-I

12.02.1998

Maintenance of Law and Order and Prevention of Electioneering within the prohibited area around Polling Stations -Instructions regarding setting up of Election Booths

344

464/INST/98/PLN-I

14.02.1998

Maintenance of Law and Order and Prevention of Electioneering within the prohibited area around Polling Stations -Instructions regarding use of Cellular Phones

345

476/3/98-JS-II

14.02.1998

Entry of Persons with Special Security Cover in Polling Stations/Counting Centres

346

437/GE-99/PLN-III/ MCC

28.07.1999

Surrender of Licensed Arms

347

464/L&O/99-PLN-I

05.08.1999

Deployment of Forces to maintain Law and Order during the forthcoming General Elections

28

348

464/L&O/99-PLN-I

18.08.1999

General Elections - Restrictions on Transport of Arms

349

576/14/99-PLN-I

21.08.1999

General Elections, 1999 - Prohibition on Sale of Liquor

350

3/10/2001/JS-II

23.03.2001

Election Campaigns of Political Parties and Candidates - measures to curb highly expensive campaigns and for maintenance of Law and Order during Elections

351

3/10/2002/JS-II

23.04.2002

Election Campaign of Political Parties and Candidates - measures to curb highly expensive campaigns and for maintenance of Law and Order during Elections -clarifications

352

464/L&O/1/2004/ PLN-I

29.02.2004

353

464/L&O/1/2004/ PLN-I

29.02.2004

General Elections to Lok Sabha and certain State Assemblies, 2004 - Daily Reports of Law and Order General Elections to Lok Sabha, 2004 - Format for sending daily law & order reports

354

PS/AK/2005

10.09.2005

Provision of Law on forcing or intimidating a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law

355

576/14//2005/ PLN-I

16.09.2005

Bye-elections to the Lok Sabha and State Legislative Assembly, 2005 - Prohibition on sale of liquor etc.

356

464/L&O/2005/ PLN-I

01.10.2005

General Election to Legislative Assembly of Bihar, 2005 - sealing of borders etc.

DEPLOYMENT OF HOME GUARDS AND OTHER FORCES 357

464/L&O/99-PLN-I

14.08.1996

General Elections to Lok Sabha & certain State Assemblies, 1999 - Deployment of Forest Guards Polling Booth to be necessarily manned by Police Personnel on Poll Day

358

100/bye/L&O/98

19.05.1998

359

464/L&O/99-PLN-I

05.08.1999

Deployment of Forces to maintain Law and Order during the forthcoming General Elections

360

464/L&O/99-PLN-I

06.08.1999

General Elections 1999 - Deployment of NCC (Senior) Cadets

361

464/L&O/1/ 2004/ PLN-l

26.02.2004

General Elections to Lok Sabha, 2004 & certain State Legislative Assemblies -Deployment of Home Guards, Forest Guards, Ex-Army Personnel

29

362

464/L&O/2/2004/ PLN-I

17.03.2004

General Elections to the House of the People and Certain State Legislative Assemblies, 2004 Deployment of Forces to maintain Law and Order and other security arrangements

363

464/L&O/2004/PLN-I

01.04.2004

Deployment of forces to ensure free, fair and peaceful conduct of ensuing general elections to Lok Sabha and State Assemblies

364

Deployment of CPMF

365

464/L&O/ 2004/PLN- 21.04.2004 I PS/AK/2005 05.09.2005

366

PS/AK/2005

District Deployment Plan and the District Communication Plan to be brought to the notice of ROs, DEOs, SPs and Observers

367

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry -Deployment of CPMF

368

464/INST/2006/ PLN-I

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry -Deployment of CPMF at the entrance of polling station to keep a watch on the proceedings that are going on inside the polling stations

369

464/INST/2006/ PLN-I

17.03.2006

Identification of hyper-sensitive and sensitive polling stations and verification of physical condition of polling stations

370

464/INST/2006/ PLN-I,

17.03.2006

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Deployment of CPMF for protection of polled EVM strong rooms

30.09.2005

Deployment of Home Guards and Other Forces

VIDEOGRAPHY OF CRITICAL EVENTS 371

447/96/PLN-IV

15.02.1996

Elections - Videography to record Critical Events - Consolidated Instructions thereon

372

447/98/PLN-IV

14.02.1998

Elections - Videography of queues outside the Polling Booths

373

447/99/PLN-IV

01.04.1999

Videography to Record Critical Events

374

447/2004/PN IV

02.04.2004

375

447/2004/PN IV

20.09.2004

General Elections to Lok Sabha/Legislative Assemblies of the States of Andhra Pradesh, Karnataka, Orissa and Sikkim - Videography of critical events during election process regarding Videography during critical events - during elections - regarding

30

376

464/INST/2005-PLN-I 15.10.2005

377

464/INST/2006/PLN-I

17.03.2006

General Election to the Legislative Assembly of Bihar - Photography/videography of electors and poll proceedings inside the polling stations Regarding No videography or video recording by any person inside the polling stations except by the persons authorized by the Commission in the interest of maintaining secrecy of vote.

DEFACEMENT OF PROPERTY 378

3/7/94/J.S.II

05.01.1994

Prevention of Defacement of Property

379

3/7/94/J.S.II

28.01.1994

Prevention of Defacement of Property Instructions/Clarifications

380

3/7/94/J.S.II/Vol.II

30.03.1994

Prevention of Defacement of Property

381

3/7/94/J.S.II/Vol.IV

16.05.1994

Prevention of Defacement of Property

382

3/7/(ES022)/94/ J.S.II/Vol. IV

26.09.1994

Prevention of Defacement of Property during the ensuring General Election to the Legislative Assembly - regarding

383

3/7/2004/JS II

09.03.2004

Regarding property

384

3/7/2005/JS-II

08.07.2005

Election campaign by political parties and candidates - Prevention of defacement of property - Instructions

385

3/73205/JS.II

02.09.2005

Election campaign by political parties and candidates - Prevention of defacement of property - Instructions

386

491/96/MCS

27.03.1996

Facilities to be provided to Media Persons for coverage of Process of Election

387

491/97/MCS-Vol.II

25.03.1997

Issue of Authority Letters - facilities to be provided to Media persons for the coverage of process of Election - regarding

Prevention

of

Defacement

of

MEDIA

388

Code of Conduct for Television broadcasts in connection with Elections

389

Scheme of Broadcast over Akashvani and Doordarshan by recognized Political Parties during Election to the Lok Sabha/State Assemblies Supreme Court's Order dated 13th April, 2004 relating to advertisements of political nature on TV Chanel and cable networks

390

509/75/2004/JS-I

15.04.2004

31

391

509/75/2004/JS-I

22.07.2004

Supreme Court's Order dated 13th April, 2004 relating to advertisements of political nature on TV Chanel and cable networks

STATE ELECTION COMMISSION 392

3/5/96/Jud-II

09.02.1996

Recognition of Political Parties and use of Election Symbols at Elections to Panchayats and Municipalities - regarding

393

3/5/96/Jud.II

12.02.1996

The Constitution (Seventy-third Amendment) Act, 1992 and the Constitution (Seventy-fourth Amendment) Act, 1992, setting up of State Election Commission - regarding

394

52/2/98(P)-PLN-IV

27.04.1998

Election Material - Loan to State Election Commissioner for the Conduct of Election to local bodies - Delegation to the Chief Electoral Officers State Funding of Elections – Minutes of the meeting of the Election Commission of India with the SECs held on 16th May, 2006 at Srinagar

394A 590/SEC-AGENDA/ 2006

26.06.2006

MI57ELLANEOUS 395

62/84

06.11.1984

General Elections/Bye-Elections - Guidelines for the Conduct of Government Servants

396

437/7/84

09.11.1984

General Election/Bye-Election - Constitution of Standing Committees of Political Parties at District Level for securing their co-operation for revision of rolls and conduct of Elections

397

22/2/91

02.05.1991

Marked Copy of the Electoral Rolls supplied to the Polling Parties - regarding

398

437/6/92

05.10.1992

Constitution of Standing Committees of Political Parties at District level for securing their cooperation for revision of Electoral Rolls and Conduct of Elections

399

464/93(INST)

30.03.1993

Conduct of Enquiry into Complaints

400

62/ESO14/94/RS.I

14.09.1994

401

56/96/JUD-II

15.03.1996

Training Classes for Staff detailed for Election Work Supply of Documents - Coping Charge/ Inspection Charge Officer Order

402

1 2/6/98-JCA

04.02.1998

Closure of Central Government Offices in Delhi/New Delhi in connection with the Lok Sabha Elections, 1998

403

4/98-J.S.II

15.10.1998

Meaning of "Competent Court" referred to in Rule 93(1) of the Conduct of Elections Rules, 1961 - Clarification regarding

32

404

218/6/98/PLN-I

25.11.1998

General Elections/Bye-Elections to the House of the People and Legislative Assemblies Payment of ex-gratia compensation to the families of Polling Personnel who die or sustain injuries while on Election Duty - regarding

405

78/99/PLN-I

06.04.1999

Grant of paid holiday to Employees on day of Poll - regarding

406

51/8/99-Vol.III

02.06.1999

Use of Electronic Voting Machines in Electionsperiod of retention thereof

407

49/2000/J.S.II

12.12.2000

Instructions for Disposal of Surplus and Waste Ballot Papers - Amendments

408

576/3/2001/JS-II

10.07.2001

Election Petition No. 1 of 1996 - Shri Dibyendu Biswas Vs. Robin Deb and others - Directions of the High Court at Calcutta - Commission's Instructions -regarding

409

22/2/2001

16.04.2001

Marked Copy of the Electoral Rolls supplied to the Polling Parties - regarding

410

22/2/1998-PLN-II

24.01.2004

Electoral Rolls - Supply of Certified Copy of the relevant entries in the Electoral Roll by ERO

411

22/2/2004-PLN-II

21.02.2004

Electoral Rolls - Supply of Certified Copy of Relevant Entries in the Electoral Roll by ERO

412

3/1/2004/J.S.II

04.03.2004

Conduct of Elections (Amendment) Rules, 2004 - regarding

413

576/4/2004/J.S.II

08.03.2004

Election to Council of States - revised format of Nomination Paper

414

4/3/2004/J.S.II/Vol.I

11.03.2004

Pollution of environment on account of use of plastic sheets for making use of posters/banners during the election campaign

415

576/2/2004-PLN-II

29.03.2004

Preparation of working copies of electoral rolls regarding

416

78/2004/PLN-I

07.04.2004

Grant of paid holiday to employees on the day of poll - regarding

417

576/11/2004/J.S.II

10.04.2004

Application of indelible ink on the elector's left forefinger - Not to insist on application of indelible ink twice - regarding

418

3/10/2004/JS-II

29.04.2004

Election campaigns of political parties and candidates - measures to curb highly expensive campaigns and for maintenance of law and order during elections - regarding

419

3/9/2004/JS-II

24.08.2004

Restrictions on printing of pamphlets, posters, etc.

33

420

4/2004/JS-II/Vol-II

29.09.2004

Provision of Rule 49 of the Conduct of Elections Rules, 1961, regarding electors deciding not to vote

421

464/INST/2005/ PLN-I

22.01.2005

Judgment dated January 11, 2005 of the Hon'ble Supreme Court in Civil Appeal No.9228 of 2003 (Janak Singh V s. Ram Das Rai and others) - reg. (on videography also)

422

464/INST/2005/ PLN-I

18.02.2005

Judgment dated January 11, 2005 of the Hon'ble Supreme Court in Civil Appeal No.9228 of 2003 (Janak Singh V s. Ram Das Rai and others) - reg. ( Clarification) (on Videography)

423

PS/AK/2005

424

464/Misc/2005/ PLN-I

425 54/2/2005/PLN-IV,

10.09.2005

Judgment dated January 11, 2005 of the Hon'ble Supreme Court in Civil Appeal No.9228 of 2003 (Janak Singh Vs. Ram Das Rai and others) reg.

22.12.2005

Disposal of Grievances/Complaints received on electoral issues

09.01.2006

Application of indelible ink on elector’s finger regarding.

426

464/INST/2006/PL N-I

17.03.2006

427

464/INST/2006/PL N-I

20.03.2006

Judgment dated January 11, 2005 of the Hon’ble Supreme Court in Civil Appeal No.9228 of 2003 – (Janak Singh Vs. Ram Das Rai and others) – Reg. General election to the Legislative Assemblies, 2006 – Setting up of party booth by the political parties near polling station on the day of poll regarding

34

ELECTION MACHINERY APPOINTMENT AND DISCIPLINE

35

ITEM NO. 1 Election Commission's letter No. 4/93/J.S.II, dated 06.01.1993 addressed to 1. The Chief Secretaries to the Government of all States (except Jammu & Kashmir) and Union Territories. 2. The Cabinet Secretary to the Government of India, New Delhi and copy endorsed to the Chief Electoral Officers of all States/ Union Territories (except Jammu and Kashmir). Subject: Officers and staff employed in connection with the conduct of electionspolice officers regarding I am directed to state that the Constitution of India vide clause (1) of Article 324 has vested the superintendence, direction and control of, inter alia, the conduct of all elections to Parliament and to the Legislature of every State in the Election Commission. Clause (6) of Article 324 provides that the President or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1). 2. The Parliament has clarified by section 13CC of the Representation for the People Act, 1950, as inserted by the Representation of the People (Amendment) Act, 1988 with effect from 15-3-89, as under: 13CC. Chief Electoral Officers, District Election Officers, etc. deemed to be on deputation to Election Commission. The officers referred to in this Part and ANY OTHER OFFICER or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission. 3. By Section 28A of the Representation of People Act, 1951, as inserted by the above mentioned Amendment Act with effect from 15-3-89, the Parliament has also further clarified that any police officer designated for the time being by the State Government for the conduct of any election shall also be likewise deemed to be on deputation to the Election Commission and be subject to its control, superintendence and discipline. The said section 28A is reproduced below :28A. Returning Officer, Presiding Officer, etc., deemed to be on deputation to Election Commission:-The returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers SHALL, during that period, be subject to the control, superintendence and discipline of the Election Commission. 4. At the time of any election in a State/Union Territory, it is essential that proper law and order is maintained in the whole of the State/Union Territory, during the entire election period from the time the elections are announced by the Commission and till the same are completed by the due constitution of the House concerned. Equally important is it to

36

provide due protection and security to the election officers, polling personnel and polling materials as well as to the candidates, leaders of political parties and other important functionaries in each constituency, so as to ensure free and fair election. 5.The above arrangements are the responsibility, duty and function of the police officers and police personnel not only at the constituency level but also of the police officers at the District level and State level. All police officers and police personnel starting with the Director General of Police/Inspector General of Police/Commissioner of Police at the top level, officers immediately subordinate to them, including but not limited to DIGs, SSPs, SPs, Dy SPs, and down to Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables (including home guards, ex-servicemen, etc.) who are involved in any way in the above mentioned election-related arrangements perform duties in connection with the conduct of elections. They all are thus by law officers of the Commission being on deputation to it and are subject to its control, superintendence and discipline and are answerable to the Commission for any acts of commission on their part while performing any election related duties. 6.Likewise, the officers and personnel of Central Police Forces and any, armed police force of a State or Special Security Forces when deployed on election-related duties in any State/Union Territory are also subject to the Control, superintendence and discipline of the Commission. 7.The Commission desires that the above legal position should be immediately brought to the notice of all police officers and police personnel mentioned above for their information and compliance. It may be impressed upon them that any lapse on their part in the performance of their election relation duties will be viewed by the Commission appropriately. 8.The receipt of this letter may kindly be acknowledged. A copy of the instructions issued by the Government/Administration in this behalf should be endorsed to the Commission for its information and record before 31 -01 -1993.

37

ITEM NO. 2 Election Commission's letter No. 4/93/J.S.II, dated 20.07.1993 addressed to 1. The Chief Secretaries to the Government of all States (except Jammu & Kashmir) and Union Territories. 2. The Cabinet Secretary to the Government of India, New Delhi and copy forwarded for information and necessary action to the Chief Electoral Officers of all States (except Jammu & Kashmir) and Union Territories Subject: Officers and staff employed in connection with the conduct of elections - Chief Secretary/Home Secretary - regarding I am directed to refer to the Commission's letter of even number dated the 6th January, 1993, in which the constitutional and legal position of officers and staff employed in connection with the conduct of elections has been explained and clarified. A copy of the said letter* is enclosed for ready reference. 2.At the time of any election in a State/Union Territory, arrangements have to be made by the State Government/Administration not only for maintenance of proper law and order but also in several other diverse matters in connection with the conduct of elections and counting of votes like the provision of Government staff to the District Election Officers/Returning Officers for appointment as Presiding Officers, Polling Officers, Counting Supervisors, Counting Assistants, etc., provision of vehicles for transport of polling personnel and polling material, printing of ballot papers in the Government Presses, etc. Various departments of the State Government/ Administration are involved in these arrangements. Work of all these departments of the State Government/Administration is coordinated and supervised by the Chief Secretary to the Government. In so far as election-related arrangements are coordinated and supervised by the Chief Secretary to the Government, he acts as a link between the Election Commission and the State Government and thus acts not only on behalf of the State Government but also on behalf of the Commission. The Chief Secretary will, therefore, be deemed to be an officer of the Election Commission while coordinating and supervising the election-related work in the State/Union Territory and will be subject to its control, supervision and discipline within the meaning of Article 324(6) of the Constitution read with section 13CC of the Representation of the People Act, 1950 and section 28A of the Representation of the People Act, 1951. 3.Likewise, the Home Secretary to the State Government/Administration who coordinates and supervises, subject to overall coordination and supervision by the Chief Secretary, the arrangements relating to the maintenance of law and order in the State at the time of elections also performs election related duties. Accordingly, he will also work subject to overall control, superintendence and discipline of the Election Commission within the meaning of the above referred provisions of the Constitution and the Representation of the people Acts in so far as election related work is concerned. 4.The Commission desires the above constitutional and legal position be brought to the notice of the abovementioned officers and all others concerned. It must be fully understood that the present clarification is not confined only to the Chief Secretary and Home Secretary to the State Government/ Administration but also applies equally to all other officers below them who may be performing an election-related duties. 5.The receipt of this letter should be acknowledged immediately and in any case by 31 st August 1993.

38

ITEM NO. 3 Election Commission's letter No. 508/94-PS-I, dated 13.01.1994 addressed to The Chief Electoral Officers of all States and Union Territories. Subject: Criteria for appointment of District Election Officer, Returning Officer, Electoral Registration Officer, Assistant Returning Officer and Assistant Electoral Registration Officer. I am directed to invite your attention to the Commission's circular letter No. 508/93PS-I dated 11th June, 1993 forwarding the objective criteria formulated by the Commission for appointment of District Election Officers, Returning Officers, Electoral Registration Officers, Assistant Returning Officers and Assistant Electoral Registration Officers. 2.Some of the Chief Electoral Officers had pointed out certain difficulties in adhering to the said objective criteria in toto while making recommendations for appointment of District Election Officers, Returning Officers, Electoral Registration Officers, Assistant Returning Officers and Assistant Electoral Registration Officers. 3.The Commission after carefully considering the matter has since revised the criteria, a copy of which is sent herewith. 4.You are requested to undertake a review of the existing notifications regarding appointment of the said officers in the light of the present criteria and submit, wherever necessary, fresh proposals to the Commission within 2 (two) months i.e. latest by 15th March, 1994, after adopting the prescribed procedure under law. 5.Kindly acknowledge the receipt of the letter before 21st January, 1994, positively. CRITERIA FOR APPOINTMENT OF DISTRICT ELECTION OFFICER/ RETURNING OFFICER/ELECTORAL REGISTRATION OFFICER/ ASSISTANT RETURNING OFFICER/ ASSISTANT ELECTORAL REGISTRATION OFFICER

1.

District Election Officer

(a)The District Magistrate/Deputy Commissioner/District Collector/District Officer of the district (by whatever designation known in each State), shall, subject to the provision of subpara (c), be designated as District Election Officer and no one lower in rank should be designated as the District Election Officer. (b)There shall be a separate District Election Officer for each district and no officer should be designated as District Election Officer for more than one district. (c)Because of the difficult terrain or other justifiable reasons, if the Commission is satisfied that the functions of the office in respect of the whole district cannot be performed satisfactorily by one officer, the Commission may, in terms of proviso to section 13AA (i) of the Representation of the People Act, 1950, designate more than one District Election Officer for a district. In such cases the District Magistrate/ Deputy Commissioner/District Collector/District Officer of the District shall be designated as the District Election Officer for

39

that part of the district which covers his headquarter and another officer of the district level who is next only to the District Magistrate/Deputy Commissioner/District Collector/District Officer in the level of seniority and enjoying civil, criminal and revenue powers not less than those of the District Magistrate/Deputy Commissioner/District Collector/District Officer shall be designated as the District Election Officer for the remaining part of the district covering his headquarter. However, while designating more than one District Election Officer, no Assembly Constituency shall be split among more than one District Election Officer. All such officers should be appointed by designation and should be drawn from the general administration (including Revenue and Land Administration) Departments. The intention behind drawing officers from general administrative services/Revenue and Land Administration is to ensure that such officers have, by their training and background, experience of work similar in nature to the conduct of elections and other election-related matters. There will be no exceptions. 2.

Returning Officer for a Parliamentary Constituency

(a)The District Magistrate/Deputy Commissioner/ District Collector/District Officer alone shall, subject to the provisions of sub-para (c), be designated as the Returning Officer for a parliamentary Constituency. (b)In cases where there are two parliamentary constituencies totally contained within one district, the District Magistrate/Deputy Commissioner/District Collector/District Officer of the district shall be the Returning Officer of both the parliamentary constituencies. (c)In cases where there are 3 or more parliamentary constituencies contained wholly or partly in one district, the District Magistrate/Deputy Commissioner/District Collector/District Officer of the district should be the Returning Officer of the parliamentary constituency in which the district headquarter falls and the adjoining parliamentary constituency major portion of which falls in the district. Another officer of the district level who is next only to the District Magistrate/Deputy Commissioner/District Collector/ District Officer in the level of seniority and enjoy civil, criminal and revenue powers not less than those of the District Magistrate/Deputy Commissioner/District Collector/District Officer, should be designated as the Returning Officer for the remaining but not more than two, parliamentary constituencies. All such officers should be appointed by designation and should be selected/drawn from the general administration (including Revenue and land Administration) Departments. The intention behind drafting officers from General Administration Service/Revenue and Land Administration is to ensure that such officers have by their training and background, experience in the conduct of elections and other election related matters. There will be no exceptions. (d)In cases where a parliamentary constituency spreads over more than one district, the District Magistrate/Deputy Commissioner/District Collector/District Officer having the jurisdiction over the comparatively larger part of the constituency should be designated as the Returning Officer. The size of the part of the constituency should be determined on the basis of the number of component assembly segments falling in each District and not on the basis of the geographical size or population. Where, however, the District Magistrate/Deputy Commissioner/District Collector/District Officer of the district having jurisdiction over the

40

larger part of the constituency is already the Returning Officer for two other parliamentary constituencies and the District Magistrates/Deputy Commissioner/District Collector/District Officer having jurisdiction over the smaller part of the constituency is not the Returning Officer of any parliamentary constituency or is Returning Officer of only one parliamentary constituency the later District Magistrate/Deputy Commissioner/District Collector/District Officer should be the Returning Officer for such a constituency. (e) In cases where a parliamentary constituency spreads over more than one district and all the Districts contain the same number of Assembly segments the District Magistrate/Deputy Commissioner/ District Collector of any of those districts may be appointed as the Returning Officer. The Chief Electoral Officer will take a decision to recommend the Returning Officer in such cases keeping in view the considerations like easy accessibility to the Returning Officer's headquarter from all parts of the constituency, means of communications and other facilities available for conduct of elections at such headquarter like spacious counting halls, etc., and recommend a suitable District Magistrate/Deputy Commissioner/District Collector/District Officer for designation as the Returning Officer for that Parliamentary Constituency. 3.

Returning Officer for Assembly Constituency

a) Sub-Divisional Magistrates/Sub-Divisional Officers/Revenue Divisional Officers shall subject to the provisions of sub-para (d), alone be designated as the Returning Officer for an assembly constituency within the sub-division/revenue division. (b)No officer, other than an officer drawn from general administration (including Revenue and Land Administration), lower in rank than that of a Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated or nominated as Returning Officer for any assembly constituency. (c)In case where there are two assembly constituencies within a sub-division/revenue division, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for both the assembly constituencies within the sub-division/revenue division. (d)In case where there are more than two assembly constituencies within a subdivision/revenue division, the Sub-Divisional Magistrate/Sub Divisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for the assembly constituency in which his headquarter is located and the adjoining assembly constituency. Another officer of the sub-divisional level who is next only to the Sub- Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer in the level of seniority and enjoying civil, criminal and revenue powers not less than those of the Sub-Divisional Magistrate/SubDivisional Officer/Revenue Divisional Officer should be designated or nominated as the Returning Officer for the remaining, but not more than two, assembly constituencies covering his headquarter. All such officers should be appointed by designation and should be drawn from General Administration (including Revenue and Land Administration) Departments.

41

(e)In cases where an assembly constituency spreads over more than one subdivision/revenue division, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer in whose jurisdiction the larger portion of the constituency falls should be designated as the Returning Officer. The larger or smaller portion should be determined on the basis of the total number of polling stations falling in each sub-division/revenue division and not on the basis of the geographical size of those divisions. (f) In case where an assembly constituency spreads over more than one subdivision or revenue division and each sub-division/revenue division covers more or less equal portion, the Sub-Divisional Officer/Revenue Divisional Officer of either subdivision/revenue division may be appointed as the Returning Officer. Where, however, the portions covered are unequal and it is difficult to ascertain in the subdivision or revenue division in which larger portion of the constituency lies, the Chief Electoral Officer will take a decision to recommend the Returning Officer keeping in view considerations like easy accessibility to the Returning Officer's headquarter from all parts of the constituency, means of communication and other facilities for conduct of elections like spacious counting halls, etc., and recommend a suitable Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer for designation as Returning Officer for that particular assembly constituency. 4.

Electoral Registration Officer

(a)The Returning Officer for the assembly constituency should be designated as Electoral Registration Officer for the assembly constituency. Even in cases where there are more than two assembly constituencies within a sub-division/revenue division and an officer other than the Sub-Divisional Magistrate}/ Sub-Divisional Officer/Revenue Divisional Officer is appointed as Returning Officer for any assembly constituency, the Sub-Divisional Magistrate/Sub-Divisional Officer/Revenue Divisional Officer alone should be appointed as the Electoral Registration Officer for all the assembly constituencies within the sub division/revenue division. (b)The appointment should be by designation and the officer should be drawn from the General Administration (including Revenue and Land Administration) Departments. 5.1

Assistant Returning Officers for Parliamentary Constituencies

(a)For every parliamentary constituency, the Returning Officers of all the assembly constituencies comprised within such parliamentary constituency shall be the Assistant Returning Officers. (b)All such officers should be appointed by designation and they should be drawn from General Administration (including Revenue and Land Administration) Departments. 5.2

Assistant Returning Officers for an Assembly Constituency

(a)There should be a separate set of not exceeding three Assistant Returning Officers for each assembly constituency.

42

(b)The Tehsildars or Block Development Officers (if they belong to the general administration service) alone should be designated as Assistant Returning Officers. (c)No officer lower in rank than a Tehsildar/Block Development Officer should be appointed as Assistant Returning Officer. All such officers should be appointed by designation and they should be drawn from General Administration (including Revenue and Land Administration) Departments. 6.

Assistant Electoral Registration Officers for Assembly Constituency

The Assistant Returning Officers for assembly constituencies shall be designated as Assistant Electoral Registration Officers. However, such number of additional officers may be appointed as Assistant Electoral Registration Officers, as may be considered necessary, keeping in view the extent of the constituency, geographical and physical factors, means of communication, etc. They shall be appointed by designation and drawn from General Administration (including Revenue and Land Administration) Departments. 7. Electoral Registration Officers and Assistant Electoral Registration Officers for Parliamentary Constituencies in the State of Jammu and Kashmir and Union Territories (Not having Legislative Assembly) (a)In case of the State of Jammu & Kashmir, and such of the Union Territories as do not have a Legislative Assembly, where the parliamentary constituency as a whole is taken as a unit for revision of electoral rolls, under the Representation of the People Act, 1950, the Returning Officer for the Parliamentary Constituency shall be designated as the Electoral Registration Officer for the Parliamentary Constituency. (b)The Assistant Returning Officers of the Parliamentary Constituency shall be designated as the Assistant Electoral Registration Officers. However, such number of additional officers may be appointed as Assistant Electoral Registration Officers as may be considered necessary, keeping in view the extent of the constituency, geographical and physical factors, means of communication etc. They shall be appointed by designation and drawn from General Administration (including Revenue and Land Administration) Departments. 8.

General

Only Officers drawn from the General Administration (including Revenue and Land Administration) Departments shall be appointed as District Election Officers/Returning Officers/Electoral Registration Officers/Assistant Returning Officers/Assistant Electoral Registration Officers and all such appointments shall be by designation.

43

ITEM NO. 4 Election Commission's message No. 100/94-PS-I dated 28.03.1994 addressed to Chief Electoral Officers of all States/Union Territories. SUBJECT: BAN ON DRAFTING OFFICIALS, AGAINST WHOM DISCIPLINARY ACTION WAS TAKEN DURING EARLIER ELECTION COMMISSION HEREBY DIRECTS THAT ANY OFFICIAL AGAINST WHOM ANY DISCIPLINARY ACTION WAS TAKEN UNDER SECTION 13CC OF THE REPRESENTATION OF THE PEOPLE ACT 1950 AND SECTION 28A OF THE REPRESENTATION OF THE PEOPLE ACT 1951 DURING EARLIER GENERAL OR BYE-ELECTIONS SHALL NOT BE DRAFTED FOR ANY ELECTION RELATED WORK WHATSOEVER DURING ENSUING ELECTIONS TO PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES (.) (PARA) (.) COMMISSION HEREBY FURTHER DIRECTS THAT SUCH OFFICIALS (,) IF ANY (,) SHOULD BE REPLACED FORTHWITH (.) YOUR PROPOSAL FOR THEIR IMMEDIATE REPLACEMENT SHALL BE SENT TO COMMISSION FOR ITS APPROVAL AFTER SELECTING A SUITABLE SUBSTITUTE WITH PROVEN RECORD OF DEDICATION AND FAIRPLAY (.) IN NO REPEAT NO CASE ANY OFFICIAL AGAINST WHOM ACTION HAS BEEN TAKEN UNDER SECTION 13CC OR SECTION 28A SHOULD HANDLE ELECTION RELATED WORK.

44

ITEM NO. 5 Election Commission's letter No. 434/94/PS-I, dated 11.05.1994 addressed to The Chief Electoral Officers of all States and Union Territories. Subject: Appointment of ROs and AROs-Commission's written prior approval absolutely necessary - regarding An instance has come to the notice of the Commission where Assistant Returning Officer for a Parliamentary Constituency where the bye-election is scheduled to be held on 26th May, 1994, has been changed in anticipation of the Commission's approval. The Returning Officer of that Parliamentary Constituency also assigned certain statutory functions to the newly designated Assistant Returning Officer prior to receipt of the Commission's written approval for the appointment. 2.The Commission has taken a very serious view of the matter and directs that no officer shall be assigned any duties of Returning Officers/Assistant Returning Officers unless a proposal to that effect has been sent to the Commission and the Commission's approval for such appointment has been obtained in writing. 3.Any appointment and entrustment of statutory duties without the prior written approval of the Commission will be a gross violation of the Commission's instructions and will be viewed very seriously. Disciplinary proceedings will be initiated against all the officials responsible for the lapse.

45

ITEM NO. 6 Election Commission's order No. 464/ES002/94, dated 31.08.1994 addressed to Chief Secretary/ CEOs of all States/UTs Subject: Verification of antecedents and replacement of officers against whom disciplinary action was taken or who have suspected political leanings

Order 0.1.

Sub-section (i) of section 13AA of the Representation of the People Act, 1950 states

as follows: "13AA. District election officers: (1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be an officer of Government. Provided that the Election Commission may designate or nominate more than one such officer for a district if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily be one officer." 02.

Section 21 of the Representation of the People Act, 1951 states as follows:

"21. Returning Officer: For every constituency, for every election to fill a seat or seats in the Council of States and for every election by the members of the Legislative Assembly of a State to fill a seat or seats in the Legislative Council of the State, the Election Commission shall, in consultation with the Government of the State, designate or nominate a returning officer who shall be an officer of Government or of local authority: Provided that nothing in this section shall prevent the Election Commission from designating or nominating the same person to be the returning officer for more than one constituency." 3.There are similar provisions in law relating to nomination/designation of other election related officers. 4.Considering the very large number of district election officers and returning officers required to conduct, supervise and co-ordinate the conduct of elections, the Commission has not been examining the suitability and capability of individual officers for carrying out the statutory responsibilities assigned to them with fairness and in a non-partisan manner. As a matter of practice, therefore, the nomination of these electoral officers has been done by designation hitherto. 5.The Commission is deeply aware of the tendency on the part of certain State Governments to appoint pliable and politically motivated officers on positions nominated by the Commission to carry out statutory election related duties, replacing forthright officers not necessarily working in consonance with the political ambitions of the ruling political party or wishes of some local political leaders. This tendency manifests itself particularly during the period when elections from the concerned State or a part thereof become imminent.

46

6.During the recent past the Commission has been constrained to take punitive action against a number of errant officers who deliberately and knowingly acted in violation of prescribed norms of free and fair conduct of elections. 7.The Commission vide its order No. 464/94 dated 12th August, 1994, had, interalia, directed that immediately after the announcement of elections, it will scrutinize the antecedents of each and every statutory and election related officer and seek replacement of all officers who have suspected political leanings and are found to be working under partisan pressures and temptations, keeping in view the suitability and competence of the concerned officers for the concerned electoral assignment. 8.As a first step in the above mentioned exercise the Commission directs the Chief Electoral Officer of each of the States to immediately consolidate information about all District Magistrates, District Election Officer and Returning Officers of all Assembly Constituencies in the formats attached as Annexure I, II and III respectively, and send it to the Commission. The Chief Electoral Officer will attach a confidential note about each such officer about whom complaints have been received from any political party reflecting on his impartiality during his tenure. This must reach the Commission not later than 15th of September 1994. 9.The Chief Electoral Officer shall give a certificate in respect of each of the officers that he is totally impartial and is fit to conduct the election in a free and fair manner. 10.The Commission will tally the information thus compiled with information available to it through other sources at its command. 11.The Commission warns all concerned that it will take the most serious action against any willful misrepresentation or suppression of information. The Commission will also take all other action available to it under the law to prevent any attempt to subvert the purity of the election process. Annexure Commissions order No. 464/94 dated August 12, 1994.addressed to the Chief secretary/CEOs of all states/UTs Order 01. The terms of the existing Legislative Assemblies of the following ten States expire on the dates indicated against their names :State Sikkim

Date of expiration 14.02.94

Karnataka

17.12.94

Andhra Pradesh

2.1.95

Goa

21.1.95

Manipur

1.3.95

Bihar

15.3.95

Gujarat

15.3.95

47

Maharashtra

18.3.95

Orissa

18.3.95

Arunachal Pradesh

25.3.95

2.Under section 15 of the Representation of the People Act, 1951 (43 of 51), notification calling general elections to constitute a new Legislative Assembly of a State can be issued any time during six months before the expiration of the term of the existing Assembly. 3.Accordingly, general elections in the above mentioned states have become imminent and will be notified at an appropriate time subject to fulfillment of all constitutional and statutory requirements. 4.It has been brought to the notice of the Commission that political parties, particularly, ruling political parties in some of the above mentioned States, have started undertaking a number of such activities as are likely to vitiate the possibilities of holding peaceful, free and fair elections. 5.In particular the Commission has received complaints to the effect that (1)"Inconvenient" Officers occupying statutory positions in the conduct of elections such as District Election Officers, Returning Officers, Assistant Returning Officers, Electoral Registration Officers and Assistant Electoral Registration Officers are being replaced by other officers based entirely on political considerations, on a large scale. (2)Officers occupying key positions in the maintenance of law and order responsible for ensuring peaceful, free and fair polls, are being replaced based on political considerations on a large scale. (3)Concessions are being announced by some State Governments in matters of taxation, licensing, employment matters, etc., etc., with the overt intentions of mustering electoral support of particular sections of society rather than on the principles of justice and fair play. (4)Criminal cases against known bad characters and musclemen are being deliberately and systematically underplayed at the stage of investigation and prosecution with a view to using their services in electioneering. (5)Criminal cases are being registered against certain individuals entirely based on inter-party rivalries. 6.The Commission wishes to make it absolutely and unequivocally clear that it will not remain to be a silent spectator to these tactics to "hijack" free and fair elections. 7.Immediately after the announcement of elections the Commission will (1)Scrutinize in full detail the antecedents of each and every statutory and election related officer and seek replacement of all officers who have suspected political leanings and are found to be working under partisan pressures and temptations, keeping in view the suitability and competence of the concerned officers for the concerned electoral assignments; (2)Direct the State Governments to hold in abeyance all such concessions as tend to sully the purity of election process by influencing the conscientious exercise of the right of franchise on the part of a group of electors:

48

(3)Direct the State Governments to launch a special drive for preventive action against criminal elements and monitor its non-partisan implementation in each and every constituency; (4)Direct and enforce such other corrective measures as are considered necessary to restore the possibility of free and fair elections and the confidence of the electors in the same in any specific constituency in which it is found to have been undermined.

49

ITEM NO. 7 Election Commission's letter number 508/94-PS-I, dated 07.09.1994 addressed to the Chief Electoral Officers of all states and union territories.

Subject: Criteria for appointment of District Election Officer, Returning Officer, Electoral Registration Officer, Assistant Returning Officer and Assistant Electoral Registration Officer -Clarification regarding I am directed to invite your attention to the criteria for appointment of District Election Officer, Returning Officer, Electoral Registration Officer, Assistant Returning Officer and Assistant Electoral Registration Officer forwarded to you vide Commission's letter of even number dated the 13th January, 1994. 2.In para 2 (b) of the criteria for appointment of Returning Officer for Parliamentary Constituency, the Commission has directed that in cases where there are two parliamentary constituencies totally contained within one district, the District/Magistrate/Deputy Commissioner/District Collector/District Officer of the district shall be the Returning Officer of both the parliamentary constituencies. 3.Likewise, in para 3 (c) of the criteria for appointment of Returning Officer for assembly constituency, the Commission has directed that in case where there are two assembly constituencies within a sub division/revenue division, the Sub-Divisional Magistrate/SubDivisional Officer/Revenue Divisional Officer shall be designated as the Returning Officer for both the assembly constituencies within the sub-division/ revenue division. 4.The Commission has directed that these criteria shall be strictly followed and it should not be difficult for one officer to handle at least two parliamentary/assembly constituencies as Returning Officer. However, in cases where sufficient number of officers of the level of District Officer or the Sub-Divisional Magistrate, as the case may be, are available from the general administration side and where the Chief Electoral Officers require any relaxation in the criteria fixed, the Commission will consider in exceptional cases if the Chief Electoral Officers make reference to the Commission with full details of the difficulties experienced by them and justification for relaxation in the criteria for appointment.

50

ITEM NO. 8 Election Commission's Order No. 62/ESO14/94/RS.I dated 14.09.1994 addressed to CEOs/ Chief Secretary of all States/UTs Subject: Training of polling and police officials associated with conduct of elections Order For ensuring the purity of electoral process and the smooth conduct of the elections, all the election related Officials, from the level of the Chief Electoral Officers, Returning Officers to the level of Presiding Officers and Polling Officers and from the highest level of functionary in the Police Administration to the lowest level of constable play a key role. 2.The smooth conduct of any election requires a great deal of advance preparation, perfect planning and proper coordination amongst the various levels of functionaries of different departments and correct understanding by every functionary of the role assigned to him. This calls for a perfect teamwork and absolute understanding amongst the members of the team in order that this objective is achieved. 3.The Commission has been directing the Chief Electoral Officers and the District Election Officers to organize training programs with practical rehearsals on the various steps involved in the conduct of elections. Attention in this connection is invited to para 12 of chapter XI of the Handbook for Returning Officers. 4.The quality of training will vary with the level of the group of Officials for whom the training is being organized. It is of utmost importance for every official associated with the conduct of elections that he should have a clear idea of the relevant provisions of the Constitution, the Representation of the People Act of 1950 and 1951, as also the rules made there under. In addition, the Commission has been issuing various directions and instructions from time to time on a variety of aspects covering the entire gamut of elections, and more specifically those relating to the code of conduct to be observed by the parties, candidates and their agents, the rules that should govern the conduct of Government Servants, curbs on misuse of unaccounted financial resources, limits on election expenditure of the candidates, proper maintenance of law and order during election period, identification of sensitive constituencies, special measures to prevent booth capturing, special drives to unearth illegal arms, restrictions on grant of new arms licenses, surrender of arms during specified periods, restriction on the sale of liquor during election period, regulation of vehicular traffic during elections and on the day of poll, prevention of defacement of public and private property, restrictions on use of loudspeakers and vehicles, the procedure for counting, the obligation of Returning Officers to get the Commission's permission for commencing counting and declaring results and so on.

51

5.Needless to say, all Officers, civil as well as police, should be through with such directions and instructions of the Commission, which alone will enable them to enforce those directions and instructions. 6.With a view to familiarizing fully the Officers of the law and order organizations, both in the District police set up as well as such other police organizations as may be involved in the conduct of elections, with the prescribed procedures, provisions of law and the Commission's standing and specific orders, directions and instructions, the Election Commission hereby directs that Police Officers from the level of Superintendent of Police to the level of Sub-inspector shall also be compulsorily trained on the conduct of elections. 7.The training for the Police Officers shall be held separately, where, apart from their responsibility for maintaining proper law and order during the entire periods starting with the announcement of elections and till the completion of elections, the necessity of ensuring the strict implementation of the various standing and specific orders, directions and instructions of the Commission calculated to ensure a peaceful, free and fair election should be emphasized. Special attention should be drawn particularly in respect of, but not restricted to, orders which need the active involvement of the Police for implementation, such as the standing orders/directions/instructions in regard to the identification of sensitive constituencies, seizure of illegal arms, surrender of licensed weapons, closure of liquor shops, restrictions on the use of vehicles, ban on use of any vehicle for transporting the elector on the day of poll. The Police Officers should also be given a training on the aspects relating to conduct of poll and counting so that they acquire a working knowledge of the duties of Polling and Presiding Officer and counting personnel and the statutory authority under which they work so that the Police Officers on duty can appreciate the action required to be taken by them and election-related functionary in the event of any infraction. The Police Officers should also be sensitized to the necessity for the strict implementation of the Model Code of Conduct, prevention of defacement of property, restrictions on the use of loudspeakers, unauthorized incurring of election expenditure in violation of Section 171H of the Indian Penal Code, Publication of election pamphlets and posters in violation of section 127A of the Representation of the People Act, 1951 and the necessity for ensuring that the electioneering does not result in trampling on the rights of the citizens to have a peaceful life and public peace and tranquility is not disturbed. 8.Action to be taken in the event of any person found impersonating any other elector, entering the polling station without authorization of either the Returning officer or the Election Commission and the preventive action necessary for curbing, rigging and booth capturing should also be impressed upon. As immediate action against any violation will not only contain the situation but will also have a deterrent and demonstration effect, the Police Officers shall be directed to take the most expeditious and severe action as soon as any violation of the law and the Commission's orders/directions/instructions come, or are brought, to their notice. Effective deployment and the need for coordination with the counterparts in the civil administration shall also be highlighted.

52

9.For imparting such training, the Senior Superintendent of Police shall request the District Election Officer/Returning Officer to conduct such specialized training and rehearsals. 10.The senior most officer of the civil administration and the senior most officer of the police administration shall preside over the training programme, as is appropriate with reference to the level of the trainees. 11.Failure to abide by the above order will be viewed as a grave lapse and will be visited with utmost serious and severe disciplinary action against the guilty and all other action available to it under the law. Receipt of this order shall be acknowledged forthwith.

53

ITEM NO. 9 Election Commission's Order No.434/1/ES026/94 MCS, dated 24.10.1994 addressed to Chief Secretary/CEOs of all States/UTs Subject: Designation of Police Officers by State Govt. U/S 28A of RP Act, 1951 ORDER The Commission vide its order no. 4/93/JS-II dated the 6th January, 1993, had clarified that all police officers and police personnel starting with the Directors General of Police/Inspectors General of Police/Commissioners of Police at the top level, officers immediately subordinate to them, including but not limited to Director Generals, Additional Director Generals, Senior Superintendent Polices Superintendent Polices, Deputy Superintendent Polices and down to Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables (including home guards, ex-servicemen etc.) who are involved in any way in election-related arrangements perform duties in connection with the conduct of elections. They all are thus, by law, officers of the Commission being on deputation to it and are subject to its control, superintendence and discipline and are answerable to the Election Commission for any acts of commission or commission on their part while performing any election-related duties. 2.The Commission had also clarified that like-wise the officers and personnel of Central Police Forces and armed police forces of a State or Special Security Forces, if any, deployed on election - related duties in any State/Union Territory, are also subject to the control, superintendence and discipline of the Commission. 3.The Commission further clarified that the legal position should be immediately brought to the notice of all police officers and police personnel mentioned above for their information and compliance. It may be impressed upon them that any lapse on their part in the performance of their election-related duties will be viewed by the Commission appropriately. 4.In its letter of even number dated 26th July, 1993 the Commission had further elaborated and clarified that in so far as election related arrangement and coordination is concerned, since these are supervised by the Chief Secretary to the Government, he will be deemed to be an officer of the Election Commission while coordinating and supervising the electionrelated work in the State/Union Territory and will be subject to its control, supervision and discipline within the meaning of Article 324(6) of the Constitution read with section 13CC of the Representation of the People Act, 1950 and section 28A of the Representation of the People Act, 1951. Further as the Home Secretary to the State Government coordinates and supervises the arrangements relating to the maintenance of law and order in the State at the time of elections and performs election related duties he will also be subject to the overall control, superintendence and discipline of the Election Commission within the meaning of the aforementioned provisions of the Constitution and the Representation of the People Act in so far as election related work is concerned. 5.In order that there are no lacunae and misgivings in any one's mind, the Commission has directed that in future the State Governments shall designate all police officers from the level of Director General of Police/Additional Director General of Police/Inspector General of Police/ Commissioner of Police at the top level, officers immediately subordinate to them

54

and up to the level of head-constable and constable involved in any way in electionrelated duties, specially under section 28A of the R.R Act, 1951, as soon as the elections are announced and in any case not later than the 3rd day after the date of notification of general election or bye election. 6. Regardless of the nature of election (whether a general election or a bye election) the State Govt. shall invariably designate: i) The Director General of Police/Additional Director General of Police, Inspector General of Police; and ii) In a general election, all the police officers below the level of Director General of Police borne on the strength of the State Government; and iii) In the case of a bye-election the Additional DG/DIG/Commissioner of Police under whose jurisdiction the constituency falls, and all police officers below them in the districts/ constituencies concerned, as designated officers for the purpose of section 28A of the R.R Act, 1951. 7.The Commission has further directed that where any State Government/Union Territory Administration fails to designate any individual police officer or class of police officers of any rank, as directed herein above under section 28A of the Representation of the People Act, 1951, the Commission will insist and ensure that such police officers will not be allowed to deal with any election related work in any manner whatsoever. 8.The Commission has also directed that compliance report in this regard in respect of the State of Goa and Sikkim shall reach by 1700 hours on 25th October, 94 and in respect of the States of Andhra Pradesh and Karnataka after the 3rd day of the date of notification calling for the general elections. This shall be treated as a standing order for all future elections/bye-elections.

55

ITEM NO. 10 Election Commission's letter No.154/98/PLN-IV, dated 31.08.1998 addressed to Chief Secretaries of all States and UTs and copy endorsed to CEOs of all States and UTs. Subject: Office of the Chief Electoral Officer - Changes in the officers & staff regarding I am directed to state that frequent changes are effected by the State Governments among incumbents in the officers and staff like Additional CEOs., Joint CEOs., Deputy CEOs., Assistant CEOs., etc., posted in the office of the Chief Electoral Officers which impair the important work relating to Electoral management like implementation of the scheme of Electors Photo Identity cards, Computerization of the Electoral Rolls, etc. The Chief Electoral Officers are also greatly inconvenienced by such changes. The Commission had to intervene in many cases in the past in the interest of important democratic process of preparing and conducting free and fair elections. The Commission, therefore, hereby directs that henceforth the officers posted in the offices of the Chief Electoral Officer shall not be relieved unless the Commission approves such transfer or posting. Prior concurrence of the Election Commission of India shall be obtained for any change or transfer of the incumbents in the office of the Chief Electoral Officer. This may kindly be noted by all the State Governments and the Administrations of the Union territories. Kindly acknowledge.

56

ITEM NO. 11 Election Commission's Order No.4/2001/JS.II dated 07.02.2001 addressed to the Chief Secretary and Chief Electoral Officers of all States/UTs.

Subject: Disciplinary proceedings against officials appointed on election duty The question of true purport and extent of disciplinary jurisdiction of the Commission under Section 13CC of the Representation of the People Act, 1950 and Section 28A of Representation of the People Act, 1951, was raised before the Hon'ble Supreme Court in Writ Petition (C) No.606 of 1993 (Election Commission of India Vs. Union of India and others). 2. The Hon'ble Supreme Court, by its order dated 21.9.2000, disposed of the above writ petition in terms of the Terms of Settlement arrived at between the Commission and the Union government and accepted in toto by the State Governments of Tripura, Maharashtra, Tamil Nadu, Andhra Pradesh and Mizoram. The Terms of Settlement referred to above are reproduced below: "That the disciplinary functions of the Election Commission of India over officers, staff and police deputed to perform election duties during election period shall extend to (a)Suspending any officer/official/police personnel for insubordination or dereliction of duty; (b)Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; (c)Making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission, within a period of six months from the date of the Election Commission's recommendations; (d)The Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control." 3.In supersession of the Commission's order No.509/General/96 JS.I, dated 18 th March, 1996, the Commission hereby directs that the disciplinary action against Officers, Staff and Police Personnel deputed to perform election duties during an election shall hereafter be governed by the above principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Supreme Court of India in its Order dated 21.9.2000 in writ Petition (C) No.606 of 1993 (Election Commission of India Vs. Union of India and Others). 4.In this connection, a copy each of the letters dated 7-11 -2000 and 8-11 -2000 issued by the Govt. of India, Department of Personnel and Training is enclosed.

57

No. 11012/7/98-Estt.(A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi, dated the 7th November, 2000 OFFICE MEMORANDUM Subject: Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties The undersigned is directed to say that one of the issues in Writ Petition (C) No.606/1993 in the matter of Election Commission of India Vs Union of India & Others was regarding jurisdiction of Election Commission of India over the Government servants deputed for election duties under section 28A of the Representation of the People Act, 1951 and section 13CC of the Representation of the People Act, 1950. The Supreme Court by its order dated 21.9.2000 disposed of the said petition in terms of the settlement between the Union of India and Election Commission of India. The said Terms of Settlement are as under:"The disciplinary functions of the Election Commission of India over officers, staff and police deputed to perform election duties shall extend toa)Suspending any officer/official/police personnel for insubordination or dereliction of duty; b)Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; c)Making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission, within a period of six months from the date of the Election Commission's recommendations; d)The Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control." 2. The implication of the disposal of the Writ Petition by the Supreme Court in terms of the above settlement is that the Election Commission can suspend any officer/official/police personnel working under the Central Government or Public Sector Undertaking or an autonomous body fully or substantially financed by the Government for insubordination or dereliction of duty and the Election Commission can also direct substituting any officer/official/police personnel by another person besides making recommendations to the Competent Authority for taking disciplinary action for insubordination or dereliction of duty while engaged in the preparation of electoral rolls or

58

election duty. It is also clarified that it is not necessary to amend the services rules for exercise of powers of suspension by the Election Commission in this case since these powers are derived from the provisions of section 13CC of the Representation of the People Act, 1950 and section 28A of the Representation of the People Act, 1951 since provisions of these Acts would have overriding effect over the disciplinary rules. However, in case there are any conflicting provisions in an Act governing the disciplinary action, the same are required to be amended suitably in accordance with the Terms of Settlement. 3. All Ministries/Departments are requested to bring the above Terms of Settlement to the notice of all concerned for information and compliance. Sd/(Smt. S. Bandopadhyay) Director No.11012/7/98-Estt.(A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi, dated the 8th November, 2000 To The Chief Secretaries of all the State Governments/UT Administrations. Subject:

Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

I am directed to say that one of the issues in Writ Petition (C) No.606/1993 in the matter of Election Commission of India Vs Union of India & Others was regarding jurisdiction of Election Commission of India over the Government servants deputed for election duties under section 28A of the Representation of the People Act, 1951 and section 13CC of the Representation of the People Act, 1950. The Supreme Court by its order dated 21.9.2000 disposed of the said petition in terms of the settlement between the Union of India and Election Commission of India. The said Terms of Settlement are as under:"The disciplinary functions of the Election Commission of India over officers, staff and police deputed to perform election duties shall extend toa)Suspending any officer/official/police personnel for insubordination or dereliction of duty; b)Substituting any officer/official/police personnel by another such person and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; c)Making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission, within a period of six months from the date of the Election Commission's recommendations; d)The Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control."

59

2. Government of India has issued instructions to bring the above terms of settlement to the notice of all concerned for information and compliance vide OM NO. 11012/7/98-Estt. (A) dated 7th November, 2000 (Copy enclosed). It is requested that the State Governments may follow the Terms of Settlement above mentioned in the case of officials deputed for election duties by the State Governments. Yours faithfully, Sd/(HARINDER SINGH) Joint Secretary (E)

60

ITEM NO. 12 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officer, Bihar

Subject :

Merging of the polling parties with the Static Security Force Parties (of CPMF/ District Armed Police/ State Police/ Home Guards)

The Commission has already issued instructions informing that the polling parties will merge with the Static Security Force Parties (of CPMF/ District Armed Police/ State Police/ Home Guards as per the deployment plan) on the previous day of the poll. The Commission while reiterating these instructions would like to make it clear that all District Election Officers and Superintendents of Police shall ensure that: (i)

in non-naxal areas, polling parties and Static Security Force Parties (of

CPMF/ District Armed Police/ State Police/ Home Guards as per the deployment plan) must reach the allocated polling stations latest by 5.00 p.m. on the previous day of poll (i.e., 17.10.2005 for 1st phase, 25.10.2005 for 2nd phase, 12.11.2005 for 3rd phase and 18.11.2005 for 4th phase). (ii)

in naxal areas, the polling parties and Static Security Force Parties (of CPMF/

District Armed Police/ State Police/ Home Guards as per the deployment plan) must reach the cluster point or polling station, as instructed by the District Collector, latest by 3.00 p.m. on the day previous to the poll (i.e., 17.10.2005 for 1st phase, 25.10.2005 for 2nd phase, 12.11.2005 for 3rd phase and 18.11.2005 for 4th phase).. (iii)

the Patrolling / Sector Magistrates, as the case may be, shall not deliver the

EVMs to any polling station where the Static Security Force Parties (of CPMF/ District Armed Police/ State Police/ Home Guards as per deployment plan) have not taken position. The Commission has also desired to reiterate its earlier instruction that in case polling at any polling station is delayed by more than 2 hours, then adjourned poll / repoll shall be ordered.

61

Kindly bring these instructions to the notice of all District Election Officers, Returning Officers, Superintendents of Police, all Patrolling/ Sector / Zonal Magistrates and Observers immediately for strict compliance.

62

APPOINTMENT OF POLLING/COUNTING STAFF - RANDOMIZATION OF POLLING PARTY AND FACILITIES TO THEM

63

ITEM NO. 13 Election Commission's Letter No. 576/11/94/JS.II dated 15.11.1994 addressed to The Chief Electoral Officers of all States and Union Territories. Subject: Period of duty of Presiding and Polling Officers - Clarifications regarding The appointment of Presiding Officers and Polling Officers is done by the District Election Officer under the powers vested in him under section 26 of the Representation of the People Act, 1951. Section 26 reads as follows:(1) The District Election Officer shall appoint a Presiding Officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election: Provided that if a polling officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the District Election Officer accordingly: Provided further that nothing in this sub-section shall prevent the District Election Officer from appointing the same person to be the Presiding Officer for more than one polling station in the same premises. (2)A polling officer shall, if so directed by the Presiding Officer, perform all or any of the functions of a Presiding Officer under this Act or any rules or orders made there under. (3)If the Presiding Officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorized by the district election officer to perform such functions during any such absence. 2.The Commission has given detailed instructions in this regard which are contained in Para 10.1 of Chapter III of 'Handbook for Returning Offices (1994 edition) wherein, inter alia, it has been directed that the Presiding and Polling Officers should be formally appointed, both for the Assembly constituency and for the Parliamentary Constituency also in the case of a simultaneous election. 3.The Commission has also prescribed a standard proforma for use by the District Election Officer for the appointment of the Presiding Officer and the Polling Officers, which is contained as Annexure IX in the 'Handbook for Returning Officers'. 4.Instructions are also contained in Chapter XXI of 'Handbook for Presiding Officers' that after the poll the Presiding Officer shall hand over to the officials in charge of the Collecting Centre, all polled ballot boxes, election papers and materials and shall obtain a receipt therefor. It has also been clarified that only after the above items are checked by the Receiving Officials at the Collecting Centre in the presence of the Presiding Officers/Polling Officers these personnel will be relieved.

64

5.The time taken for reaching the Collecting Centre with the polled ballot boxes and other materials will differ from place to place depending upon the distance of the polling station from the Collecting Centre, terrain and facility for transport, etc. 6.After the deposit of sealed ballot boxes and other materials by the Presiding Officers/Polling Officers these personnel will have to be given reasonable period for travelling back to their destinations wherever they come from since the deposit of the ballot boxes often goes late into the night of the date of poll, wherever they are able to reach the Collection Centre the same night, for the polling personnel to reach their headquarters takes time. 7.The Commission therefore, has directed that the day following the date of poll, and in the case of re-poll, the date following the date of re-poll, as the case may be, will also be treated as period of election duty and the polling personnel will not be required to report for duty in their normal place on such day. For instance, if the date of poll is 15th December and the polled ballot boxes, etc., are reached at the receiving centre on 15th/16th December by the Presiding Officer/Polling officers, such officers will not be treated as absent from their normal duty if they do not report for their duty on 16th December, after completion of the election duty but report on 17th December, for their normal duties. In areas where the travelling time is longer, suitable allowance will be further made for this and the day following the date of deposit of polled material, etc, shall be treated as duty period. 8.The Commission has directed that suitable instructions in this regard be issued by the State Govt/ Chief Electoral Officer for strict compliance of all concerned The receipt on this letter should be acknowledged forthwith.

65

ITEM NO. 14 Election Commission's Letter No. 458/4/96/-PS-IV/Vol-II dated 22.07.1996 addressed to the Chief Electoral Officers of all States & Union Territories. Subject: Provision of minimum facilities to pregnant women polling personnel during poll 1.I am directed to invite your attention to Commission's letter No. 458/4/84 dated 9.11.1984 and message No. 458/4/96-PLN-IV dated 16th April, 1996 regarding minimum facilities of shelter, water and toilet at polling stations for polling personnel and voters. 2.The Hon'ble High Court of Andhra Pradesh has, in its order in Writ Petition No. 7659 of 1996 (Sumathi vs. Chief Electoral Officer, Andhra Pradesh and others directed that; (a)The respondents shall exempt all such women who are in advanced stage of pregnancy, whether are no maternity leave or not, or who are otherwise on medical advice not fit for any rigorous or hazardous work from being requisitioned for election duty. The same will apply to women who are breast feeding a newly born child; and (b)The respondent shall inform well in advance every woman called for election duty of the arrangements for her stay, private and separate arrangement for women only at the place of duty to meet the calls of nature as well as for bath and dressing and unless such arrangement is made and information in this behalf is delivered to such woman, she shall not be called to perform any election duty at any such place where the above arrangements are not available. 3.The Commission directs that above directions shall be scrupulously followed during all future elections and any failure to comply with these directions will be viewed seriously. 4.Kindly acknowledge the receipt of this letter.

66

ITEM NO. 15 Election Commission's letter No.ECI/GE98-464/Inst./98/PLN-l dated 18.01.1998 addressed to CEOs of all states and UTs. (These instructions have been partially relaxed vide Commission's letter No.464//INST/2004-PLN-I, dated 6th September, 2004, a copy of which is reproduced at end of this Item)

Subject: General Elections, 1998 - Deployment of polling and counting personnel - Random Number Generation Technique I am directed to say that during the last General Elections to the Uttar Pradesh and Punjab Legislative Assemblies the Chief Electoral Officers had adopted the Random Number Generation Technique for deployment of polling and counting personnel through computers. The computers and the software developed by the National Informatics Centre available at various NIC centres in the States were used for the purpose. 2.In this process a code number (different from Polling Station Number) is assigned to each Polling Party and just before departure of the party this is decoded to the actual Polling Booth Number where the party has to reach. 3.The Commission has observed that deployment of polling and counting personnel using Random Number generation technique as mentioned above, could effectively eliminate complaints relating to any possible partisan conduct of polling personnel. 4.The criteria to be followed by you while constituting polling and counting parties is enunciated in the Note enclosed hereto. 5.It is further directed that this entire process of randomization should be under the close supervision of the Election Observers who are present in the District. The entire exercise of drawing of the names of available staff, clubbing them together to form polling parties and thereafter assigning each polling party to polling booth should, from the beginning to its finish be done under the close supervision of the Central Observers. 6.The Commission directs you to follow this method of deployment of polling parties for the ongoing general elections to the Lok Sabha and State Legislative Assemblies. 7.Wherever computers are not available, the same objective can be achieved by use of printed Random Number Tables from books or from computer print outs from the State Headquarters. BASIC CRITERIA FOR CONSTITUTING POLLING / COUNTING PARTY 1.Presiding Officer & Polling Officers are classified on the basis of scale of pay and their post and rank and certain employees are preferred as Presiding Officers. Presiding Officer should be of higher scale/grade in comparison to all polling officers. Class IV employees cannot be Presiding Officer in any case. 2.No person should be assigned polling duties in a constituency in which he is posted or resides. 3.No polling party should have two officers of same serial group.

67

4.Two members of the polling party should not be from the same department and in any case Presiding Officer and First Polling Officer should not be from the same Department. 5.each polling station exclusively set up for women electors must have a female polling officer. Female polling officer must be posted in "Purdanashin" dominated areas. 6.Central Government employees may be posted at relatively more sensitive polling booths. 7 Selection of polling officers of every party will be done on the random basis, subjected to the above exclusions. 8.Allotment of party to the booth will also be done randomly keeping in view of sensitiveness of booth and ranking of party. 9.The actual Polling Station allotted to the individual Polling Persons just before the polling parties actually leave the dispersal centre.

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ahsoka Road, New Delhi-110001 Dated 6th September, 2004.

No.464//INST/2004-PLN-I, To The Chief Electoral Officer of 1. Maharashatra, Mumbai; 2. Arunachal Pradesh, Itanagar; 3. Andhra Pradesh, Hyderabad; 4. Assam, Dispur; 5. Goa, Panaji; 6. Gujarat, Gadhinagar; 7. Himachal Pradesh, Shimla; 8. Jammu & Kashmir, Jammu; 9. Manipur, Imphal; 10. Madhya Pradesh, Bhopal; 11. Nagaland, Kohima; 12. Punjab, Chandigarh; 13. Rajasthan, Jaipur; 14. Uttar Pradesh, Lucknow; 15. West Bengal, Kolkata; 16. NCT of Delhi, Delhi; 17. Bihar, Patna; 18. Karnataka, Bangalore. Subject:-

State Assembly Elections, 2004 - Drafting of Polling Personnel for election Duty - Randomization of Polling Personnel.

Sir, I am directed to say that the Commission has decided to relax the criteria of mixing polling personnel across districts for the State Legislative Assembly elections in

68

Maharashtra and Arunachal Pradesh and other bye-elections in several States.

In this

regard your attention is invited to the standing instructions of the Commission regarding randomization of polling personnel using 'Random Number Generation Technique' vide letter No.ECI/GE98-464/Inst./98/PLN-l, dated January 18, 1998 (copy enclosed) and instructions of the Commission on assigning election duties to officers taking into consideration seniority of officials issued vide letter aNo.576/3/2004/JS-II, dated August 9, 2004. 2. Since the duties discharged by the polling personnel are vital in the conduct of elections, sufficient care is needed to draft and deploy such personnel in the interest of free and fair elections and accordingly, in continuation of the existing instructions referred to above, the Commission lays own the following instructions for composition of polling parties for the forthcoming elections:(i) Presiding Officer and Polling Officers are to be classified on the basis of scale of pay and their post and rank. As far as practicable, Gazetted Officers will be deployed as Presiding Officer s and failing that, officials who are working in supervisory capacity only should be deployed as Presiding Officer s. The Presiding Officer should be of higher scale/grade in comparison to all polling officers (detailed instructions in this regard are already issued vide letter dated August 9, 2004 referred to above). (ii)

No person will be assigned polling duties in an assembly constituency in which he is posted or in which he resides or the constituency which is his home constituency.

(iii)

Two officials of the same serial group/category should not be put together. Further, two members of the polling party should not be from the same department (in case of school teachers, they should not be from the same school).

(iv)

Central Government employees may be posted at relatively more sensitive polling booths.

(v)

Selection of polling officers of every party will be done on random basis using the 'Random Number Generation Technique' as laid down.

(vi)

Allotment of party to the booth will also be done randomly keeping in view of sensitivity of booth and ranking of party.

(vii)

In respect of women employees, it needs to be ensured that there is a female Polling Officer posted for every polling station exclusively set up for women electors and in 'Purdanashin' dominated areas.

(viii)

The women employees shall not be tagged to a polling party before the dispersal of the party prior to the poll. In other words, they will be selected and issued deployment letters separately and only on the day of dispersal they will be tagged to the main group comprising the other polling personnel of that polling party.

69

(ix)

The actual polling station allotted to individual polling personnel is to be disclosed just before the polling party actually leaves the dispersal centre.

3. Action on the above lines is to be initiated by all concerned immediately. It is further directed that the Observes assigned to the districts will be closely involved in all operations connected with randomization and selection of the polling parties from the time they arrive in the districts. Action taken prior to their arrival is to be explained in detail and to their satisfaction by the District Election Officer on their arrival. 4.

In order to ensure that above instructions are complied with strictly, the Commission directs that the District Election Officer shall furnish to the Election Commission through the Observers and separately to the Chief Electoral Officer of the Sate a certificate to the following effect immediately after the polling parties have been formed for an election:"Certified that (i)

the polling parties have been formed by a proper mix of officials drawn from different offices and departments, and

(ii)

the officers have been drawn from the State Government departments as well as from the Central Government Offices, PSUs, etc. as far as practicable."

5.

Kindly acknowledge receipt.

Yours faithfully, Sd./(A.K. MAJUMDAR) Secretary

70

ITEM NO. 16 Election Commission's letter No.437/6/98-PLN-III, dated 30.01.1998 addressed to Chief Secretaries and CEOs of all the States and UTs. Subject: Vehicles and staff of Wild Life Sanctuaries, National Sanctuaries and National Game Parks - not to be requisitioned for election duty It has come to the notice of the Commission that the Chief Electoral Officer/District Election Officers/ Returning Officers/District Magistrates/ Collectors sometime requisition the vehicles and staff of Wild Life Sanctuaries, National Sanctuaries and National Game Parks for the purpose of utilizing them for elections. The Commission after taking into account all relevant factors has decided that the vehicles and staff of Wild Life Sanctuaries, National Sanctuaries and National Game Parks will be exempted from being requisitioned for election duties. The concerned authorities responsible for maintaining these sanctuaries and parks may be informed accordingly. Kindly acknowledge receipt by return fax.

71

ITEM NO. 17 Election Commission's letter No.458/4/98/PLN-IV dated 03.02.1998 addressed to Chief Secretaries and CEOs of all States and UTs. Subject: General Elections, 1998 - Polling personnel - amenities - provision I am directed to state that the following pathetic conditions prevailing in the matter of some of the facilities provided to the polling personnel deployed on election duty have been brought to the notice of the Commission. (1)The vehicles like trucks provided for the transport of polling parties from the disbursement centre to their respective polling stations and back are often very dirty smeared with lime, cement, soil, cow- dung, etc. (2)The Truck are generally in bad shape with projecting sharp edged objects like nails, iron pieces and wood splinters causing damage to clothes and scratches to the persons. (3)Ladies are the worst sufferers who have to board/travel in such trucks on bad roads. (4)Places like dharamshalas where the polling parties are put for the night before the poll are found to be foul smelling, stinking and unhygienic. (5)In some of the cases there were no proper lighting/power supply arrangements. (6)Lack of proper parking place at the distribution centres results in theft of vehicles and petrol from the tanks of the vehicles. (7)Polling Personnel put on reserve duty are not paid allowances. The polling personnel have a very important statutory role in the conduct of elections. The Commission is appalled by the conditions in which they are transported and lodged during the polling. The Commission hereby issues the following directions for strict compliance:(a)Efforts should be made 'to provide a neat, clean and hygienic place with minimum facilities for the stay of the polling personnel on the night before the poll. (b)Parking facility arrangements with guards for the safety of the vehicles deployed for the use of the polling personnel should be made. (c)The DEOs/ROs shall ensure that the vehicles provided for the Transportation of the polling parties and election material to and from polling stations are in good condition and shape and completely free from dirt and smell and fit for transportation. (d)Polling personnel who are on reserve duty should also be paid the same allowances as paid to the personnel on duty. Kindly acknowledge receipt.

72

ITEM NO. 18 Election Commission's letter No. 3/1/98/J.S.II, dated 11.08.1998 addressed to CEOs of all States and UTs. Subject: Requisitioning of Staff for Election Duties - Amendment to Section 159 of the Representation of the People Act, 1951 - regarding I am directed to refer to the Commission's letter of even No., dated 13th May, 1998, forwarding therewith a copy of the Representation of the People (Amendment) Ordinance, 1998 regarding requisition of staff for election duties. 2.The Parliament has now passed the Representation of the People (Amendment) Act, 1998 (No. 12 of 1998) as published in the Gazette of India, Extraordinary, Part-II, Section (I), dated 23.06.1998 to substitute new section for section 159 of the Representation of the People Act, 1951 in the above matter. The Representation of the People (Amendment) Ordinance, 1998 has been repealed. A copy of the Gazette of India, dated 23.06.1998 publishing the aforesaid amended Act is forwarded herewith. 3.It will be observed from the amended Section 159 of the Representation of the People Act, 1951 that the following authorities shall make available such staff as may be necessary for the performance of any duties in connection with an election: (i)

every local authority;

(ii)

every university established or incorporated by or under a Central Provincial or State

Act; (iii)

a Government company as defined in section 17 of the Companies Act, 1956;

(iv) any other institution, concern or undertaking which is established by or under a Central Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government. 4.In accordance with the amended provision of Section 159 of the Representation of the People Act, 1951, employees of local authorities, universities, Nationalized Banks, Life Insurance Corporation, Government Undertakings etc. can now be requisitioned for deployment on elections duties. It is, however, reiterated once again that bank employees may be drafted on election duty to the minimum extent possible, only in a constituency where sufficient number of Government employees are not available and/or in emergent circumstances such as strikes etc. by the Government employees. Care should be taken to see that normal functioning of the banks are not interrupted. Further, if practicable, their posting to any polling station outside their normal place of duty may be avoided. 5.The implications of the Representation of the People (Amendment) Act, 1998 (amending Section 159 of the Act) may be brought to the notice of all District Election Officers, Returning Officers and other election related authorities immediately for their information and necessary action. The above-amended provision may be incorporated in the Manual of Election Law, 1997 and in the Handbook for Returning Officers, (1998 edition) and also in the "Compendium of Instructions on Conduct of Elections, 1998." 6.The receipt of this letter may kindly be acknowledged.

73

ITEM NO. 19 Election Commission's letter No. 458/4/98-PLN-IV dated 30.101998 addressed to CEOs of Assam, Bihar, Gujarat, Himachal Pradesh, Mizoram, Madhya Pradesh, Nagaland, NCT of Delhi, Punjab, Rajasthan, Uttar Pradesh and West Bengal. Subject: Drafting of handicapped personnel for election duty Preparations for the current elections are in full swing. The field officers would be finalizing the list of personnel to be deployed for elections duty primarily as polling and counting staff in this connection a suggestion has been received from the Chief Commissioner for Disabilities, Govt. of India to exempt disabled persons from being deployed for such election related duties. The persons with disabilities have been defined under the Equal Opportunities Protection of Rights & Full Participation Act 1996. The relevant extracts of this is enclosed. The Commission desires that as far as possible persons with disabilities as defined under the Act should not be deployed for election duty. This aspect may be kept in mind for selection and deployment of staff for election duty.

THE GAZETTE OF INDIA EXTRAORDINARY Short Title, extent and commencement Definitions Be it enacted by Parliament in the Forty-Sixth Year of the Republic of India as follows:CH APTER I PRELIMINARY (1)This act may be called the Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995. (2)It extends to the whole of India except the State of Jammu and Kashmir. (3)It shall come into force on such date as the Central Government may by notification, appoint. 2.

In this Act, unless the context otherwise requires :-

Definitions (a)

"appropriate Government" means-

(i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, the Central Government; (ii) in relation to a State Government or any establishment wholly or substantially financed by that Government or any local authority, other than a Cantonment Board, the State Government;

74

(iii) in respect of the Central Coordination Committee and the Central Executive Committee, the Central Government; (iv) in respect of the State Coordination Committee and the State Executive Committee, the State Government; (b) "blindness" refers to a condition where a person suffers from any of the following condition, namely :(i)

total absence of sight; or

(ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or 2 of 1924 (iii)

limitation of the field of vision subtending an angle of 20 degree or worse;

(c)'Central Coordination Committee" means the Central Coordination committee constituted under sub-section (I) of section 3; (d)'Central Executive Committee" means the Central Coordination Committee constituted under sub-section (I) of section 9; (e)"cerebral palsy" means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the prenatal, peri-natal or infant period of development; (f)'Chief Commissioner" means the Chief Commissioner appointed under sub-section (I) of section 57; (g)"Commissioner" means the Commissioner appointed under sub-section (I) of section 60: (h) 'Competent authority" means the authority appointed under sub-section 50; (l) "disability" means(i)

blindness;

(ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness; (j)

"employer" means(i)

in relation to a Government the authority notified by the Head of the Department in this behalf or where no such authority is notified, the head of the department; and

(ii) in relation to an establishment, the chief executive officer of that establishment:

75

(k) "establishment" means a corporation established by or under Central, Provincial or State Act, or an authority or a Government company as defined in section 617 of the Companies Act, 1956 and includes Departments of a Government; (l) "hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of frequencies; (m) "institution for person with disabilities" means an institution for the reception care, protection, education, training, rehabilitation or any other service of persons with disabilities; (n) "leprosy cured person" means any person who has been cured of leprosy but is suffering from(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; (ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them engage in normal economic activity. (iii) extreme physical deformity as well as advanced age which prevents him from undertaking any gainful-occupation. and the expression leprosy cured" shall be construed accordingly; (o) "locomotor disability" means disability of the bones joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy; (p) "medical authority" means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government; (q)

"mental illness" means any mental disorder other than mental retardation;

(r) "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence; (s)

"notification" means a notification published in the official Gazette;

(t) "person with disability" means a person suffering from not less than forty percent of any disability as certified by a medical authority. (u) "person with low vision" means a person with impairment of visual functioning even after treatment or standard retractive correction but who uses or is potentially capable or using vision for the planning or execution of a task with appropriate assistive device; (v)

"prescribed" means prescribed by rules made under this Act;

(w) "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels; (x) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting-

76

(i)

persons who seek to engage employees from amongst the persons suffering from disabilities;

(ii)

persons with disability who seek employment;

(iii) vacancies to which person with disability seeking employment may be appointed; (y) "State Coordination Committee" means the State Coordination Committee constituted under sub-section (I) of section 13; (z) "State Executive Committee" means the State Executive Committee constituted under sub-section (I) of section 19. CHAPTER H The Central Coordination Committee 3

(1) The Central Government shall by notification constitute a body to be known as the Central Central Coordination Committee to exercise the powers conferred on and to perform Central Coordination Committee

the functions assigned to it, under

this Act. (2)

The Central Coordination Committee shall

consist of(a)The Minister in charge of the Department of Welfare in the Central Government, Chairperson, ex-officio; (b)The Minister of State in charge of the Department of Welfare in the Central Government, Vice-Chairperson, ex-officio; (c)Secretaries to the Government of India in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel, Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Legal Affairs, Public Enterprises, Members ex-officio; (d)Chief Commissioner, Member, ex-officio; (e)Chairman Railway Board, Member, ex-officio; (f)Director-General of Labour Employment and Training, Member ex-officio; (g)Director National Council for Educational Research and Training Member exofficio; (h) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States, Members; (i) three person to be nominated by the Central Government to represent the interests which in the opinion of that Government ought to be represented, Members; (j)

Directors of the(i)

National Institute of the Visually Handicapped, Dehradun;

77

(ii)

National Institute for the Mentally Handicapped, Secundrabad;

78

ITEM NO. 20 Election Commissions letter No.464/2001-INST.PLN-I dated 20.03.2001 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry and copy to Chief Electoral Officers of remaining States and Union Territories Subject: General Elections to the State Legislative Assemblies - Deployment of Officers and Staff I am directed to inform you that the Commission has decided that (i) Senior officers of the Indian Forest Service may not be deployed for election duty by the District Election Officers. (ii) The vehicles and territorial forest staff of Forest Department may be exempted from election related duties; and (iii) There should be proper mixing of Central Govt., Public Sector and State Govt. staff while forming polling parties subject to their availability as per instructions contained in paras 4.1, 4.2. and 4.3 of Chapter III of Handbook for Returning Officers, 1998 (Reprint 1999). 2.

Please acknowledge receipt and intimate action taken.

79

ITEM NO. 21 Election Commission's letter No.464/Inst/2002-PLN-I dated 23.04.2002 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Officers and staff employed in connection with the conduct of elections I am directed to inform you that the Commission has decided that the doctors and compounders working in veterinary hospitals may be exempted from election duties. The receipt of the letter may kindly be acknowledged.

80

ITEM NO. 22 Election Commission’s letter No. 464/Inst./2004/PLN-I, dated 06.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - General election to Lok Sabha, 2004 - Deployment of officers and staff. I am directed to invite your attention to Commission's letter No.464/lnst./2000/PLN-l, dated 23.04.2000, on the subject cited, wherein Commission has directed that doctors and compounders working in veterinary hospitals may be exempted from election duties. I am further to state that Commission has also decided that officers working in Grade-B (Cattle Extension Officer) in veterinary hospitals may be exempted from election duties. 2.

The receipt of the letter may kindly be acknowledged.

81

ITEM NO. 23 Election Commission’s letter No. 464/Inst./2004/PLN-I, dated 10.03.2004 addressed to the Chief Electoral Officers of All States and Union Territories. Subject: - Exemption from election duties. The Commission has received a request from the Chairman, Life InsuranceCorporation of India to exempt its staff from election duties. As such exemption can lead to adversely affect the availability of manpower for election duties, the Commission has not agreed to the proposal. However, it desires that while drawing persons for election duties, you should explore the possibility of asking for persons from all such Corporations / Companies located in the area instead of asking from one Corporation / Company only so that it is not too much of a strain on a particular organization. The receipt of this letter may kindly be acknowledged.

82

ITEM NO. 24 Election Commission’s letter No. 464/INST/2004-PLN-I, dated 24.03.2004 addressed to the Chief Electoral Officers of All States and Union Territories and copied Jt. Dy. Director General (PHE), Bharat Sanchar Nigam Ltd. Subject: - General Elections 2004-Requisitions of staff and vehicles. I am directed to state that it has come to the notice of the Commission that staff and vehicle of Bharat Sanchar Nigam Limited is being requisitioned for election duty during aforesaid election. It has been mentioned that BSNL staff is directly discharging the operational duties to maintain the telecom facilities like hotline, data circuits, telecom arrangements etc. all over India. 2.

After looking into the account of all relevant factors, the Commission has

decided that as far as possible, operational/technical staff and vehicle of the said enterprise shall not be requisitioned for election duties.

83

ITEM NO. 25 Election Commission’s letter No. 464/INST/2004/PLN-I/, dated 06.04.2004, addressed to the Chief Electoral Officers of all States & Union Territories. Sub: - General Elections - 2004 - Drafting of polling personal for election duty. I am directed to invite your attention to para viii of Commission's letter No.464/INST/2004/PLN-I, dated 14th March, 2004. It is clarified that as mentioned in para 15 of Chapter XIIIA of the Handbook for Returning Officers, in a simultaneous election the polling party will consist of one Presiding Officer, and five Polling Officers. Wherever there are more than 1200 voters, one extra Polling Officer will be appointed. In other words, if there are more than 1200 voters in a polling station, in a single election one Presiding Officer plus four Polling Officers will be appointed and in a simultaneous elections one Presiding Officer plus six polling officers will be appointed. 2.

The receipt of the letter may kindly be acknowledged.

84

ITEM NO. 26 Election Commission’s letter No. 576/3/2004/JS-II, dated 09.08.2004 addressed to the Chief Electoral Officers of all the States / Union Territories. Sub: - Assigning election duties - Seniority of officials to be taken into consideration. Ref: - Commission's letter No. ECI/GE 98-464/Inst./98-PLN-I, dated 18.10.98 I am directed to say that in paragraph 2.7 of Chapter III of the Handbook for Returning Officers (2004 Edition), it has been directed that while assigning election duties to various officials, their seniority should be taken into account and it should be ensured that a senior official is not put on duty under an official who is junior to him. 2. In a petition before the Punjab and Haryana High Court (C. W.P. NO.6895 of 2004 Punjab and Chandigarh College Teachers Union Vs. Election Commission of India & Others), the Hon’ble High Court has made an observation that as far as possible, the seniority of officials put on election duty should be given due regard while assigning them election duties. 3. The Commission, keeping in view the guidelines already laid down, has directed that while assigning election duty, the following principles are to be followed strictly: (i)

Adequate care should be taken by the District Election Officers in calling for names of officials from different government departments (both Central and State), PSUs, Banks, other institutions etc. The scale of pay, rank and status of officials to be requisitioned need to be set out in the requisition order itself for which the Chief Electoral Officer should set a uniform criteria for the State as a whole. Considering the varying scales of pay and rank prevailing in different organizations, an upper benchmark set by the Chief Electoral Officer would be most appropriate to avoid confusion and litigation. By way of illustration, in Group-A category of employees, a level upto and including a certain rank needs to be prescribed instead of calling for all Group-A employees,

(ii)

In drawing up the seniority list of officials required for election duty, the District Election Officer should take into account at the outset the pay. rank and status of the officials nominated and classify them accordingly for purposes of randomization for which detailed instructions are available. A Presiding Officer should be of higher scale/grade/rank in comparison to all Polling Officers appointed in his group.

(iii)

In determining the rank and status of officials drawn from different pools with different pay scales the relative position of the official in his cadre/organization may be taken into account and not merely the pay scale. By way of illustration, if a Group-D employee from any pool, even if drawing a higher scale should not be assigned duties of a Presiding Officer or Polling Officer.

4. This may be brought to the notice of all District Election Officers and Returning Officers

85

ITEM NO. 27 Election Commission's letter No.PS/DIR(ADMN)/2004, dated 30.12.2004 addressed to the Chief Electoral Officers of Bihar, Jharkhand and Haryana and copy to the Chief Electoral Officers of all States and Union Territories for information. Subject:

Randomization software for allotting duties to polling personnel in the coming state assembly elections in Haryana, Bihar and Jharkhand. Most of the states had developed randomization software through NIC during

the recent Lok Sabha elections for randomly forming the polling personnel teams and allotting them to various polling stations. However, a few observers had suggested some improvements in this randomization software. This matter was discussed during the meeting of Jt. CEOs and SLAs of Bihar, Haryana and Jharkhand held in the Election Commission w.e.f. 21-12-2004 to 23-12-2004. As per these discussions, you are requested to ensure that:1. A proper randomization software is prepared by NIC or any other agency. It is important to have the source code available in CEO office and get it examined by SLA to see that it is truly random. It should be tested many times to see that same lists are not generated, and each time a different list is generated. It should be ensured that it should not be possible to bypass the software, for example, by opening the database tables directly ad making changes in them. 2. From the same source code, executable files should be generated and given to each DEO/RO. Please make sure that source code is retained at CEO office and is not passed on at lower levels so that they cannot make any changes in the programme. 3. It must be emphasized that the whole process of running randomization software and printing the lists therefrom should be carried out in the presence of DEO/RO and under supervision of the observers. In no case it should be left to lower levels. Observers are also being issued instructions in this regard.

86

ITEM NO. 28 Election Commission’s letter No. 464/INST/2005-PLN-I, dated 09.02.2005 addressed to the Chief Electoral Officers of All States & Union Territories. Subject: - Non- requisition of vehicles - regarding. I am directed to state that Commission receives a large number of representations from various educational institutions stating therein that requisitioning of vehicles of their institutions for election duty causes a lot of problems to the students and affects their study. Taking the facts into the account, the Commission has decided that vehicles of educational institutions which are specifically meant for carrying the students from their residence to educational institutions shall be requisitioned for election duty only when it is unavoidable. The Commission has also decided that vehicles of World Health Organisation and UNICEF, the organizations of U.N.O. shall not be requisitioned for election duty. Kindly acknowledge the receipt of this letter.

87

ITEM NO. 29 Election Commission’s letter No. 464/lnst/2005/PLN-l, dated 13.04.2005 addressed to the Chief Electoral officers of, all States and Union territories. Subject: - Exemption from election duty - regarding. I am directed to state that Commission has been receiving representations from various organizations for non-requisitioning of medical practitioners (Doctors) for election duty as it causes immense difficulties to the ailing people. The Commission, after taking into account all relevant factors has decided that no medical practitioners (Doctors) shall be drafted for election duty at any point of time to enable the Hospital/Primary Health Center or Government Dispensaries to cater to the needs of serious patients. Kindly acknowledge the receipt of this letter.

88

ITEM NO.30 Election Commission’s letter No.464/INST//2006/PLN-I, dated 10.02.2006 addressed to the Chief Electoral Officers of Andhra Pradesh, Meghalaya, Maharashtra and Uttar Pradesh. Subject:-

Bye-elections to the Lok Sabha ans State Legislative Assemblies, 2006Drafting of Polling Personnel for election Duty – Randomization of Polling Personnel.

Sir, I am directed to say that the Commission has decided to relax the criteria of mixing polling personnel across districts on 50:50 basis for the present Bye-elections.

In this

regard your attention is also invited to the standing instructions of the Commission regarding randomization of polling personnel using ‘Random Number Generation Technique’ vide letter No. ECI/GE98-464/INST/98/PLN-I, dated January 18, 1998 (copy enclosed) and instructions of the Commission on assigning election duties to officers taking into consideration seniority of officials issued vide letters No. 576/3/2004/JS-II, dated August 9, 2004 and 509/251/2004/JS-I dated 11th October 2004. 2.

Since the duties discharged by the polling personnel are vital in the conduct of

elections, sufficient care is needed to draft and deploy such personnel in the interest of free and fair elections and accordingly, in continuation of the existing instructions referred to above, the Commission lays down the following instructions for composition of polling parties for the forthcoming/ongoing bye- elections: (i) Presiding Officer and Polling Officers are to be classified on the basis of scale of pay and their post and rank. As far as practicable, Gazetted Officers will be deployed as Presiding Officers and failing that officials who are working in supervisory capacity only should be deployed as Presiding Officers. The Presiding Officer should be of higher scale/grade in comparison to all Polling Officers (detailed instructions in this regard are already issued vide letter dated August 9, 2004 referred to above). (ii) No person will be assigned polling duties in an assembly constituency in which he is posted or in which he resides or the constituency, which is his home constituency.

89

(iii) Two officials of the same serial group/category should not be put together.

Further, two members of the polling party should not be from the same

department (in case of school teachers, they should not be from the same school). (iv) Central Government employees should be drawn to the extent possible and may be posted at relatively more sensitive polling booths. The Central Government employees should be mixed with State employees on 50:50 basis. (v) Selection of polling officers of every party will be done on random basis using the ‘Random Number Generation Technique’ as laid down. (vi) In respect of women employees, it needs to be ensured that there is a female Polling Officer posted for every polling station exclusively set up for women electors and in ‘Purdanashin’ dominated areas. (vii) The women employees shall not be tagged to a polling party before the dispersal of the party prior to the poll. In other words, they will be selected and issued deployment letters separately and only on the day of dispersal they will be tagged to the main group comprising the other polling personnel of that polling party. (viii) The actual polling station allotted to individual polling personnel is to be disclosed just before the polling party actually leaves the dispersal center. (ix) For the polling stations having electors between 1200-1400 voters an extra polling officer will be provided who shall share the duty of 2 nd Polling Officer and will be called 2(A) and 2(B) Polling Officers. At such polling stations 2(A) Polling Officer will be in charge of indelible ink and who will inspect the elector’s left forefinger to see that it does not bear any sign or trace of indelible ink and then put a mark with the indelible ink in the manner prescribed i.e. from the upper tip of the nail to bottom of the first joint of the forefinger of left hand in form of a line as indicated below:-

90

Polling Officer 2(B) will be in-charge of the Register of Voters in Form 17A and who will be responsible for maintaining in that Register the proper account of electors whose identity has been established and who vote at the Polling Station. He will also issue a voter’s slip to each elector after he has entered elector’s particulars in the Register of Voters in accordance with the prescribed procedure. Before, however, issuing the Voter’s Slip to the elector he will ensure that a clear line of indelible ink is marked on the forefinger. (x) For Polling stations having more than 1400 electors, auxiliary Polling Stations will be set up in the same premises. In case permanent accommodation is not available in the same premises a tent may be erected to house the Auxiliary Polling Station. (xi) An additional 2nd person may also be provided in polling parties who will verify whether the elector standing in queue to caste vote are carrying proper identification documents. Only those electors should be allowed to stand in queue who are either carrying Electoral Photo Identity Card(EPIC) or any one of the alternative documents, if permitted by the Commission. (xii) To perform this job in an orderly manner the polling personnels may be assigned a code in advance and dispersal may be done at assembly constituency

91

wise at Taluka/Mandal level instead of doing the same at district Head Quarter centrally. 3.

Action on the above lines is to be initiated by all concerned immediately. It is further

directed that polling parties through randomization should be prepared only in presence of Observers. For the purpose of drawing up polling parties full data base of eligible officers should be kept ready by the District Election Officer and used. 4.

In order to ensure that above instructions are complied with strictly, the Commission

directs that the District Election Officer shall furnish to the Election Commission through the Observers and separately to the Chief Electoral Officer of the State/UT a certificate to the following effect immediately after the polling parties have been formed for an election:“Certified that:(i)

the polling parties have been formed by a proper mix of officials drawn from different offices and departments, in presence of the Observers and

(ii)

the officers have been drawn from the

State Government

departments as well as from the Central Government Offices, PSUs, etc. as far as practicable. (iii)

for the purpose of making polling parties complete data base of all eligible employees in the district has been used.”

. 5.

It is clarified that the entire randomization exercise should be done in the presence of

the Observers sent to the constituency i.e. when the polling parties formed on random basis using the ‘Random Number Generation Technique’ as laid down, the Observers should remain present.

Again on the day of dispersal of polling parties, the exercise of

interchanging Presiding Officers of all the polling parties on random basis should again be done in the presence of Observers.

If the forming of the polling parties through

randomization in any case has been done in the absence of the Observers, then in that case, the randomization exercise should be done afresh in the presence of Observers and compliance report should be submitted in this regard. The Observers should make a special reference to the randomization exercise observed by them in their constituencies while submitting the report. 6.

Kindly acknowledge receipt. COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001

92

C.R. BRAHMAM SECRETARY (PLANNING) No.ECI/GE98-464/Inst./98/PLN-I

JANUARY 18, 1998

TO THE CHIEF ELECTORAL OFFICERS OF ALL STATES & UNION TERRITORIES. Subject:

General Elections, 1998 - Deployment of polling and counting personnel Random Number Generation Technique

Dear CEO, I am directed to say that during the last General Elections to the Uttar Pradesh and Punjab Legislative Assemblies the Chief Electoral Officers had adopted the Random Number Generation Technique for deployment of polling and counting personnel through computers. The computers and the software developed by the National Informatics Centre available at various NIC centres in the States were used for the purpose. 2. In this process a code number (different from Polling Station Number) is assigned to each Polling Party and just before departure of the party this is decoded to the actual Polling Booth Number where the party has to reach. 3. The Commission has observed that deployment of polling and counting personnel using Random Number generation technique as mentioned above, could effectively eliminate complaints relating to any possible partisan conduct of polling personnel. 4. The criteria to be followed by you while constituting polling and counting parties is enunciated in the Note enclosed hereto. 5. It is further directed that this entire process of randomization should be under the close supervision of the Election Observers who are present in the District. The entire exercise of drawing of the names of available staff, clubbing them together to form polling parties and thereafter assigning each polling party to polling booth should, from the beginning to its finish be done under the close supervision of the Central Observers. 6. The Commission directs you to follow this method of deployment of polling parties for the ongoing general elections to the Lok Sabha and State Legislative Assemblies. 7. Wherever computers are not available, the same objective can be achieved by use of printed Random Number Tables from books or from computer print outs from the State Headquarters. Yours faithfully, (C.R. BRAHMAM) SECRETARY BASIC CRITERIA FOR CONSTITUTING POLLING / COUNTING PARTY 1. Presiding Officer & Polling Officers are classified on the basis of scale of pay and their post and rank and certain employees are preferred as Presiding Officers. Presiding

93

Officer should be of higher scale/grade in comparison to all polling officers. Class IV employees cannot be Presiding Officer in any case. 2. No person should be assigned polling duties in a constituency in which he is posted or resides. 3. No polling party should have two officers of same serial group. 4. Two members of the polling party should not be from the same department and in any case Presiding Officer and First Polling Officer should not be from the same Department. 5. Each polling station exclusively set up for women electors must have a female polling officer. Female polling officer must be posted in "Purdanashin" dominated areas. 6. Central Government employees may be posted at relatively more polling booths.

sensitive

7. Selection of polling officers of every party will be done on the random subjected to the above exclusions.

basis,

8. Allotment of party to the booth will also be done randomly keeping in view of sensitiveness of booth and ranking of party. 9. The actual Polling Station allotted to the individual Polling Persons just before the polling parties actually leave the dispersal centre. Copy

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110 001 No. 576/3/2004/JS-II Dated August 9, 2004 To The Chief Electoral Officers of all the States / Union Territories. Sub: -

Assigning election duties - Seniority of officials to be taken into consideration.

Ref: - Commission's letter No. ECI/GE 98-464/Inst./98-PLN-I, dated 18.10.98 I am directed to say that in paragraph 2.7 of Chapter III of the Handbook for Returning Officers (2004 Edition), it has been directed that while assigning election duties to various officials, their seniority should be taken into account and it should be ensured that a senior official is not put on duty under an official who is junior to him. 2. In a petition before the Punjab and Haryana High Court (C. W.P. NO.6895 of 2004 Punjab and Chandigarh College Teachers Union Vs. Election Commission of India & Others), the Hon’ble High Court has made an observation that as far as possible, the seniority of officials put on election duty should be given due regard while assigning them election duties. 3. The Commission, keeping in view the guidelines already laid down, has directed that while assigning election duty, the following principles are to be followed strictly: -

94

(i)

Adequate care should be taken by the District Election Officers in calling for names of officials from different government departments (both Central and State), PSUs, Banks, other institutions etc. The scale of pay, rank and status of officials to be requisitioned need to be set out in the requisition order itself for which the Chief Electoral Officer should set a uniform criteria for the State as a whole. Considering the varying scales of pay and rank prevailing in different organizations, an upper benchmark set by the Chief Electoral Officer would be most appropriate to avoid confusion and litigation. By way of illustration, in Group-A category of employees, a level upto and including a certain rank needs to be prescribed instead of calling for all Group-A employees.

(ii)

In drawing up the seniority list of officials required for election duty, the District Election Officer should take into account at the outset the pay. rank and status of the officials nominated and classify them accordingly for purposes of randomization for which detailed instructions are available. A Presiding Officer should be of higher scale/grade/rank in comparison to all Polling Officers appointed in his group.

(iv)

In determining the rank and status of officials drawn from different pools with different pay scales the relative position of the official in his cadre/organization may be taken into account and not merely the pay scale. By way of illustration, if a Group-D employee from any pool, even if drawing a higher scale should not be assigned duties of a Presiding Officer or Polling Officer.

4. This may be brought to the notice of all District Election Officers and Returning Officers

95

ITEM NO.31 Election Commission’s letter No.464/INST//2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:-

General Elections to State Legislative Assemblies, 2006- Drafting of Polling Personnel for election Duty– Randomization of Polling Personnel.

Sir, I am directed to say that the Commission has decided to relax the criteria of mixing polling personnel across districts on 50:50 basis for the forthcoming General Elections to Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal & Pondicherry. In this regard your attention is also invited to the standing instructions of the Commission regarding randomization of polling personnel using ‘Random Number Generation Technique’ vide letter No. ECI/GE98-464/INST/98/PLN-I, dated January 18, 1998 (copy enclosed) and instructions of the Commission on assigning election duties to officers taking into consideration seniority of officials issued vide letters No. 576/3/2004/JS-II, dated August 9, 2004 and 509/251/2004/JS-I dated 11th October 2004. 2.

Since the duties discharged by the polling personnel are vital in the conduct of

elections, sufficient care is needed to draft and deploy such personnel in the interest of free and fair elections and accordingly, in continuation of the existing instructions referred to above, the Commission lays down the following instructions for composition of polling parties for the forthcoming/ongoing bye- elections: (i) Presiding Officer and Polling Officers are to be classified on the basis of scale of pay and their post and rank. As far as practicable, Gazetted Officers will be deployed as Presiding Officers and failing that officials who are working in supervisory capacity only should be deployed as Presiding Officers. The Presiding Officer should be of higher scale/grade in comparison to all Polling Officers (detailed instructions in this regard are already issued vide letter dated August 9, 2004 referred to above). (ii) No person will be assigned polling duties in an assembly constituency in which he is posted or in which he resides or the constituency, which is his home constituency.

96

(iii) Two officials of the same serial group/category should not be put together.

Further, two members of the polling party should not be from the same

department (in case of school teachers, they should not be from the same school). (iv) Central Government employees should be drawn to the extent possible and may be posted at relatively more sensitive polling booths. The Central Government employees should be mixed with State employees on 50:50 basis. (v) Selection of polling officers of every party will be done on random basis using the ‘Random Number Generation Technique’ as laid down. (vi) In respect of women employees, it needs to be ensured that there is a female Polling Officer posted for every polling station exclusively set up for women electors and in ‘Purdanashin’ dominated areas. (vii) The women employees shall not be tagged to a polling party before the dispersal of the party prior to the poll. In other words, they will be selected and issued deployment letters separately and only on the day of dispersal they will be tagged to the main group comprising the other polling personnel of that polling party. (viii) The actual polling station allotted to individual polling personnel is to be disclosed just before the polling party actually leaves the dispersal center. (ix) For Polling Stations having more than 1200 electors, auxiliary Polling Stations will be set up in the same premises. In case permanent accommodation is not available in the same premises a tent may be erected to house the Auxiliary Polling Station. (x) For the polling stations where auxiliary polling stations could not be set up and where number of electors is between 1200-1400 voters an extra polling officer will be provided who shall share the duty of 2nd Polling Officer and will be called 2(A) and 2(B) Polling Officers. At such polling stations 2(A) Polling Officer will be in charge of indelible ink and who will inspect the elector’s left forefinger to see that it does not bear any sign or trace of indelible ink and then put a mark with the indelible ink in the manner

97

prescribed i.e. from the upper tip of the nail to bottom of the first joint of the forefinger of left hand in form of a line as indicated below:-

Polling Officer 2(B) will be in-charge of the Register of Voters in Form 17A and who will be responsible for maintaining in that Register the proper account of electors whose identity has been established and who vote at the Polling Station. He will also issue a voter’s slip to each elector after he has entered elector’s particulars in the Register of Voters in accordance with the prescribed procedure. Before, however, issuing the Voter’s Slip to the elector he will ensure that a clear line of indelible ink is marked on the forefinger. (xi) An additional 2nd person may also be provided in polling parties who will verify whether the elector standing in queue to caste vote are carrying proper identification documents. Only those electors should be allowed to stand in queue who are either carrying Electoral Photo Identity Card(EPIC) or any one of the alternative documents, if permitted by the Commission. (xii) To perform this job in an orderly manner the polling personnels may be assigned a code in advance and dispersal may be done at assembly constituency wise at Taluka/Mandal level instead of doing the same at district Head Quarter centrally.

98

3.

Action on the above lines is to be initiated by all concerned immediately. It is

further directed that polling parties through randomization should be prepared only in presence of Observers. For the purpose of drawing up polling parties full data base of eligible officers should be kept ready by the District Election Officer and used. 4.

In order to ensure that above instructions are complied with strictly, the Commission

directs that the District Election Officer shall furnish to the Election Commission through the Observers and separately to the Chief Electoral Officer of the State/UT a certificate to the following effect immediately after the polling parties have been formed for an election:“Certified that:(i)

the polling parties have been formed by a proper mix of officials drawn from different offices and departments, in presence of the Observers and

(ii)

the officers have been drawn from the

State Government

departments as well as from the Central Government Offices, PSUs, etc. as far as practicable. (iii)

for the purpose of making polling parties complete data base of all eligible employees in the district has been used.”

. 5.

It is clarified that the entire randomization exercise should be done in the presence of

the Observers sent to the constituency i.e. when the polling parties formed on random basis using the ‘Random Number Generation Technique’ as laid down, the Observers should remain present.

Again on the day of dispersal of polling parties, the exercise of

interchanging Presiding Officers of all the polling parties on random basis should again be done in the presence of Observers.

If the forming of the polling parties through

randomization in any case has been done in the absence of the Observers, then in that case, the randomization exercise should be done afresh in the presence of Observers and compliance report should be submitted in this regard. The Observers should make a special reference to the randomization exercise observed by them in their constituencies while submitting the report. 6.

Kindly acknowledge receipt. COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001 C.R. BRAHMAM SECRETARY (PLANNING) No.ECI/GE98-464/Inst./98/PLN-I

JANUARY 18, 1998

99

TO THE CHIEF ELECTORAL OFFICERS OF ALL STATES & UNION TERRITORIES. Subject: General Elections, 1998 - Deployment of polling and counting personnel Random Number Generation Technique Dear CEO, I am directed to say that during the last General Elections to the Uttar Pradesh and Punjab Legislative Assemblies the Chief Electoral Officers had adopted the Random Number Generation Technique for deployment of polling and counting personnel through computers. The computers and the software developed by the National Informatics Centre available at various NIC centres in the States were used for the purpose. 2. In this process a code number (different from Polling Station Number) is assigned to each Polling Party and just before departure of the party this is decoded to the actual Polling Booth Number where the party has to reach. 3. The Commission has observed that deployment of polling and counting personnel using Random Number generation technique as mentioned above, could effectively eliminate complaints relating to any possible partisan conduct of polling personnel. 4. The criteria to be followed by you while constituting polling and counting parties is enunciated in the Note enclosed hereto. 5. It is further directed that this entire process of randomization should be under the close supervision of the Election Observers who are present in the District. The entire exercise of drawing of the names of available staff, clubbing them together to form polling parties and thereafter assigning each polling party to polling booth should, from the beginning to its finish be done under the close supervision of the central Observers. 6. The Commission directs you to follow this method of deployment of polling parties for the ongoing general elections to the Lok Sabha and State Legislative Assemblies. 7. Wherever computers are not available, the same objective can be achieved by use of printed Random Number Tables from books or from computer print outs from the State Headquarters. Yours faithfully, (C.R. BRAHMAM) SECRETARY BASIC CRITERIA FOR CONSTITUTING POLLING / COUNTING PARTY 1. Presiding Officer & Polling Officers are classified on the basis of scale of pay and their post and rank and certain employees are preferred as Presiding Officers.

100

Presiding Officer should be of higher scale/grade comparison to all polling officers. Class IV employees cannot be Presiding Officer in any case. 2. No person should be assigned polling duties in a constituency in which he is posted or resides. 3.

No polling party should have two officers of same serial group.

4.

Two members of the polling party should not be from the same department and in any case Presiding Officer and First Polling Officer should not be from the same Department.

5.

Each polling station exclusively set up for women electors must have a female polling officer. Female polling officer must be posted in “Purdanashin" dominated areas.

6.

Central Government employees may be posted at relatively more sensitive polling booths.

7

Selection of polling officers of every party will be done on the random basis, subjected to the above exclusions.

8

Allotment of party to the booth will also be done randomly keeping in view of sensitiveness of booth and ranking of party.

9

The actual Polling Station allotted to the individual Polling Persons just before the polling parties actually leave the dispersal centre. Copy

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110 001 No. 576/3/2004/JS-II Dated August 9, 2004 To The Chief Electoral Officers of all the States / Union Territories. Sub: -

Assigning election duties - Seniority of officials to be taken into consideration.

Ref: - Commission's letter No. ECI/GE 98-464/Inst./98-PLN-I, dated 18.10.98 I am directed to say that in paragraph 2.7 of Chapter III of the Handbook for Returning Officers (2004 Edition), it has been directed that while assigning election duties to various officials, their seniority should be taken into account and it should be ensured that a senior official is not put on duty under an official who is junior to him. 2. In a petition before the Punjab and Haryana High Court (C. W.P. NO.6895 of 2004 Punjab and Chandigarh College Teachers Union Vs. Election Commission of India & Others), the Hon’ble High Court has made an observation that as far as possible, the seniority of officials put on election duty should be given due regard while assigning them election duties.

101

3. The Commission, keeping in view the guidelines already laid down, has directed that while assigning election duty, the following principles are to be followed strictly: (i)

Adequate care should be taken by the District Election Officers in calling for names of officials from different government departments (both Central and State), PSUs, Banks, other institutions etc. The scale of pay, rank and status of officials to be requisitioned need to be set out in the requisition order itself for which the Chief Electoral Officer should set a uniform criteria for the State as a whole. Considering the varying scales of pay and rank prevailing in different organizations, an upper benchmark set by the Chief Electoral Officer would be most appropriate to avoid confusion and litigation. By way of illustration, in Group-A category of employees, a level upto and including a certain rank needs to be prescribed instead of calling for all Group-A employees.

(ii)

In drawing up the seniority list of officials required for election duty, the District Election Officer should take into account at the outset the pay. rank and status of the officials nominated and classify them accordingly for purposes of randomization for which detailed instructions are available. A Presiding Officer should be of higher scale/grade/rank in comparison to all Polling Officers appointed in his group.

(iii)

In determining the rank and status of officials drawn from different pools with different pay scales the relative position of the official in his cadre/organization may be taken into account and not merely the pay scale. By way of illustration, if a Group-D employee from any pool, even if drawing a higher scale should not be assigned duties of a Presiding Officer or Polling Officer.

4. This may be brought to the notice of all District Election Officers and Returning Officers

102

ITEM NO.32 Election Commission’s letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to all District Collectors and District of Superintendents of Police of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry though the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Election to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Commission’s Instructions about not allowing election related officer/official or police officer to continue I his/her home district

The Commission has already issued instructions that no election related officer/ official or police officer of the specified rank and above shall be allowed to continue in his/her home district. Instructions have also been issued that these officials will not be allowed to continue in the same district if they have completed three years in that district during last four years. The posts of Sergeant Major and Sergeant who are responsible for deployment of forces have also been covered for transfer under these instructions. The State Government has also been asked to transfer all those officers against whom the Commission has recommended disciplinary action or who have been charged for any lapse during previous elections or for any election related work from the posts entailing election work.

The Commission has also directed that the officers / officials against whom the

charges have been framed in any court of law will not be associated with the election work. The State Government has been instructed to ensure that those who stand transferred should move out physically of their last place of posting and not remain there on any pretext including leave. You are directed to report to the Chief Electoral Officer of the State if any such officer/official is continuing in your district in violation of above instructions by 25.03.2006. In case any violation of these instructions comes to the notice of the Commission subsequently, the concerned District Collector/District Superintendent of Police shall be held responsible for the same.

103

ITEM NO.33 Election Commission’s d.o. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Election to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - Constitution of polling parties to be made known to its members only at the last minute before distribution of material

It has been brought to the notice of the Commission that in some of the districts information regarding constitution of polling parties is being made known to the officials very much in advance. The Commission has already passed instructions that constitution of polling parties should be made known to its members only at the last minute before the distribution of material. Kindly ensure that this practice is followed in toto. The Commission has also desired that all Returning Officers and District Election Officers & Superintendents of Police, you may ensure that no vehicle is engaged in campaigning without proper permission from the competent authority. The vehicles that are engaged in campaigning without proper permission may be booked under the proper provisions of law. With kind regards,

104

GRANT OF HONORARIUM/REMUNERATION/ EX-GRATIA COMPENSATION

105

ITEM NO. 34 Election Commission's letter No. 218/4/93 dated 24.03.1993 addressed The Chief Electoral Officers of States and Union Territories (Except Jammu and Kashmir and West Bengal). Subject: Payment of remuneration to staff deployed in connection with election work I am directed to convey the sanction of the Election Commission of India for the revision of rates of remuneration to enumerators and other categories of staff deployed for the revision of electoral rolls and conduct of elections after taking into account the recommendations of the Conference of Chief Electoral Officers held in August, 1992 and all other relevant factors as per the details given in the Annexure to this letter. 2.The revised rates of remuneration to enumerators will come into force commencing with the work of intensive revision of electoral rolls with reference to 1st January, 1993 as qualifying date as ordered by the Commission vide letter No. 23/92-Vol.III dated the 13th May, 1992. 3.The revised rates of remuneration to the staff deployed for the conduct of elections will come into force with effect from 1st April, 1993. 4.This issues with the concurrence of the Internal Financial Adviser of the Election Commission of India. ANNEXURE Revised Rates of Remunerations for various categories of Staff Connected with Revision of electoral Rolls/election duty: 1.

Enumerators

15 paise per entry @

2.

Scribes

05 paise per entry @

3.

Proof Readers

Nil as this is included in the printing charges

4.

Supervisors

23 paise per house-hold @

5.

Designated Officers

*

6.

EROs one time

*

7.

AEROs one time

*

8.

Other Officers

*

* [Rates prescribed initially in this order modified vide letter No. 218/4/99/PLN-IV Dated 24th March, 1999 given in following pages(Item No.39] @ Rates prescribed initially in this Order modified vide letter no. 218/4/2001-PLN-IV dated 19.9.2001 and are now 45 paise per entry for enumerator 15 paise per entry for scribes and 70 paise per household for supervisors.

106

The States which are paying more than the above amounts may continue to pay at the higher rates. II.

For Conduct of Elections For attending Training Classes, taking materials etc. (Rates prescribed initially in this order have been modified vide order number 458/4/95/PLN-IV dated 14.3.96 given in following pages which may be referred.)

107

ITEM NO. 35 Election Commission's letter No. 218/4/93 dated 29.03.1993 addressed to The Chief Electoral Offices of all States and Union Territories (Except Assam, Jammu and Kashmir, West Bengal and Andaman and Nicobar Islands). Subject: Proposal regarding grant of honorarium to the officers and staff connected with the election work I am directed to state that reference are being received from Chief Electoral Officers seeking Commission's approval for the grant of honorarium, for the sanction of additional staff, purchase of vehicles, construction of officer accommodation, godowns and also requests for taking up with the Ministry of Law pending matters relating to release of funds etc.

2. The matters relating to grant of honorarium etc. to their officers and staff must be decided by the Chief Electoral Officers. Similarly, sanction for staff, vehicles, release of funds etc have to be decided by State Government in consultation with the Ministry of Law. The Commission has no views in these matters and has left these to be decided by the competent authorities on the basis of the standing instructions and guidelines in such matters. As such Commission will not take action on references of the above nature received by it.

108

ITEM NO. 36 Election Commission's letter No. 218/4/93 dated 07.10.1993 addressed to The Chief Electoral Officer, Gujarat, Gandhinagar Subject: Payment of remuneration to the staff deployed in connection with election work -regarding I am directed to refer to your letter No. ELR-1292-1412 chh dated 15th June, 1993, on the subject cited and to state that your proposals made therein have been considered by the Commission. The Commission has directed that in additional to the remuneration prescribed in its letter of even number dated 24th March, 1993, the enumerators who are appointed from areas outside their normal places of duty may be paid the actual expenditure paid by them on bus/train fares. 2.It is further clarified that the enumerators may also be paid remuneration at the rate prescribed for the polling officers for training at the time of conduct of election for the purposes of training before the enumeration work. One more payment at the same rate may also be paid to them when they come to the office of the Electoral Registration Officers/Assistant Electoral Registration Officers for handing over the material after completion of enumeration-work. This will be in addition to the remuneration per entry prescribed by the Commission vide its letter referred to above. 3.In the case of supervisors also in addition to the rates fixed by the Commission, they may be paid remuneration at the rates admissible to Presiding Officers for training during conduct of elections for the purpose of attending the training classes arranged for enumeration work. They may also be paid actual bus/train fares in addition to the rates prescribed when they visit places other than the places of their normal work. 4.I am also to refer to your letter No. ELC-2392-5006 CHH dated 28th July, 1993 and to say that the practice of payment of remuneration to various categories such as Zonal Officers, Counting Supervisors and Counting Assistants (which are not covered under the Commission's letter dated 24th March, 1993) being hitherto followed in your State has been confirmed by Commission. 5.This issues with the concurrence of the Internal Financial Adviser of the Election Commission of India.

109

ITEM NO. 37 Election Commission's Order No. 218/4/96/PLN-IV dated 09.02.1996. Subject: Payment of 100% T.A/D.A as advance to persons put on election duty

Order At every general election, lakh of public servants will be on election duty. The Commission has been receiving a large number of complaints that the TA/DA admissible to the public servants put on election duty is not paid in time and unduly delayed. This leads not only to financial hardship to the individuals put on election duty but also generates resentment against election duty. 2. The Election Commission of India has carefully considered this issue and directs as follows: 2.1All persons put on election duty should be paid as far as possible, 100% of the TA/DA admissible to them immediately within 24 hours of the completion of their duty. 2.2If any State/Union Territory has adopted the practice of paying the 100% TA/DA as advance to the persons put on election duty, the practice may be continued. 2.3In these States where it is not possible to pay 100% TA/DA to persons put on election duty either within 24 hours of the completion of the duty or as advance as directed at paras 2.1 and/ or 2.2 above, they may continue with the existing practice of payment of 80% of the TA/DA as advance and the balance shall be paid within 30 days of the completion of the election. 2.4The District Election Officers/Returning Officers will be personally responsible for ensuring the payment as directed above. 2.5The District Election Officers/Returning Officers, as the case may be, shall at the time of putting Officers/Officials on election duty direct the drawing and disbursing officers concerned to draw the amount calculated as being due to the persons put on election duty and disburse the same under proper acknowledgment either within 24 hours of performance of the duty as mentioned in para 2.1 above or as advance as mentioned in para 2.2 and 2.3 above. 2.6The Drawing and Disbursement Officer shall not wait for any specific request from the officers appointed for election related duty for drawing the advance, but shall treat the appointment order issued by the District Election Officer/Returning Officer itself as the proof and request on behalf of the officers/officials concerned. 2.7District Election Officers/Returning Officers are directed to call a meeting of the Heads of the Departments and Drawing and Disbursement Officers and make it clear to them well in time before the duties commence that prompt payment of TA/DA as

110

mentioned in para 2.1 or 2.2 or 2.3 above is an absolutely essential part of the election related work and omissions are not acceptable. 2.8 If after receipt of advance amount as mentioned in para 2.2 or 2.3 above, any official, for any reason whatsoever, does not find it possible to perform the official duty assigned to him, he shall forthwith return the amount so paid and obtain a receipt therefor. 3. The above directions are in supersession of the Order, dated 06-05-1994 issued by the Commission and shall be complied with without exception. These will be standing instructions for all general/bye- elections. 4. The Chief Electoral Officers shall bring the above directions to the notice of all District Election Officers/Returning Officers in the State/Union Territory.

111

ITEM NO. 38 Election Commission letter, No. 458/4/95/PLN/IV, dated 14.03.1996 addressed to the Chief Electoral Officers of all states/Union Territories, Subject: Fixing of Uniform rate of remuneration for payment to staff deployed on poll/ counting duty and for provision of minimum facilities-Regarding 1. In order to streamline and simplify the procedure for calculation of remuneration payable to polling/counting personnel, the Commission, in partial modification of its instructions continued in letter No. 218/4/93 dated 24th March, 1993 (in respect of item II and III) has fixed the following minimum rate of remuneration for staff deployed on poll/counting duty:Presiding officers/ Counting Supervisors

Polling officers/ Counting assistants

Class -IV

For the 1 st day (Up to 24 Hrs)

100/-

75/-

40/-

For subsequent days (Beyond 24 Hrs)

50/-

40/-

25/-

The above rates are payable to the staff for attending training classes, collecting polling materials, etc. and also for attending duty on the polling day. 2.In supersession of its directions contained in its letter of even number dated 4th February, 1995 and its letter No. 218/4/93 dated 5.7.1993 the Commission has also directed that staff deployed at all polling stations/ counting centers shall be, provided with packed lunch and or light refreshment at the rate of Rs. 50/- per head per day. In case of difficulty in providing packed lunch, a cash payment @ Rs. 50/- per head shall be made. 3.The expenditure incurred on this account will be shared between the Central and Sate Government on 50:50 basis when election to the House of the People and the State Legislative Assemblies are held simultaneously. 4.The rates fixed by the Commission at paragraph 1 &2 above are MINIMUM rates. These rates: will come into force with immediate effect and will have no retrospective effect. 5.The States/Union Territories which are paying more than the minimum rates fixed by the Commission may continue to pay at the higher rates. 6.Kindly acknowledge receipt immediately.

112

ITEM NO. 39 Election Commission's letter, No. 458/4/96/PS-IV/Vol-I, dated 20.03.1996 addressed the Chief Electoral Officers of All States/Union Territories. Subject: Fixation of minimum rate of remuneration for payment to staff deployed on poll/ counting duty and provision of minimum facilities-Regarding I am directed to say that some Chief Electoral Officers have sought clarifications on various points relating to payment of remuneration and provision of packed lunch etc. to the polling/counting personnel as contained in commission's letter No. 458/4/96-PS-IV dated 14the March, 1996. 2.

The point are clarified as under:

2.1

Remuneration for attending training classes:

In case, training classes are held on different days, not being consecutive days, the rates of remuneration may be calculated separately for each training class. The staff attending training classes may also be paid Train/Bus fare as may be admissible under the T.A. rules applicable to them, in case no conveyance facilities are made available. 2.2

Provision of packed lunch and/or light refreshment or cash payment in lieu thereof:

Packed lunch or cash payment of Rs.50/- in lieu thereof, should be given for poll duty. For counting duty, as many lunch/dinner (or Rs. 50/-) each in lieu thereof, as may be necessary depending on the duration of the counting should be given. Police personnel may be allowed this facility, if they are a part of polling party/counting staff. 2.3

Debiting of T.A.:

The chief electoral officer may, in consultation with the State government, decide whether the expenditure on travelling allowance will be borne by the Election Department or the parent department of the official deployed on poll/counting duty taking into account the prevalent practice. 3.The rates specified in the Commission's letter dated 14/3/96 referred to in para 1 above for payment of remuneration and for provision of packed lunch etc. or payment in cash in lieu thereof are the minimum rates and the Commission will have no objection if any State/Union Territory makes payment at a higher rate. 4.Kindly acknowledge the receipt of this letter.

113

ITEM NO. 40 Election Commission's letter No. 218/4/98/PLN-IV dated 23.06.1998 addressed to Chief Secretaries of all States and UTs and copy endorsed to CEOs of all States and UTs, Secretary to the Govt. of India, Ministry of Law & Justice, Legislative Department, New Delhi. Subject: General Elections - Payment of honorarium - regarding It has been brought to the notice of the Commission that some anomalies exist in the matter of payment of Honorarium to the officers appointed/designated as District Election Officers, Returning Officers, Assistant Returning Officers, etc. for the conduct of general elections in the States. On the one hand some of the States have been granting a minimum of one month pay as honorarium to non-gazetted staff for the conduct of elections, on the other officers designated by the Commission as DEOs, ROs, AROs, etc. are being paid Rs. 500/- to Rs. 200. 2.The above position has resulted in a situation where in some cases the staff in lower grades are getting more amount as honorarium than the DEOs, ROs. etc. 3.Taking into account the ground realities and in order to bring uniformity and to clarify any doubts, the Commission has decided that (i) The payment of honorarium should be made equitable to all employees directly connected with elections in the States and Union Territories. (ii) Payment of such honorarium should not exceed the total pay of one month of the concerned employees. (iii) Such payments will be made in respect of all elections held to Parliament and Assemblies. (iv) The categories of staff who shall be eligible for payment of honorarium will be decided by the State Government concerned in consultation with the Chief Electoral Officer of the State/UT concerned.

114

ITEM NO. 41 Election Commission's letter No. 218/6/98/PLN-I dated 25th November, 1998 addressed to Secretary to the Govt. of India, Ministry of Law, Justice & Company Affairs, (Legislative Department)New Delhi, Chief Secretaries & CEOs of all States & Union Territories Subject: General Elections/Bye Elections to the House of the People & Legislative Assemblies - Payment of ex-gratia compensation to the families of polling personnel who die or sustain injuries while on election duty-regarding I am directed to invite your attention to Commission's letter No. 218/6/96-PS-II, dated 8th October, 1996 (copy enclosed for ready reference) on the subject cited and to state that Central/State Governments were advised therein that quantum of compensation to be given to the families of polling personnel in the event of their death/injury while on election duty may be decided by them on the line of model adopted by the Government of Andhra Pradesh. The Commission has further examined the matter and keeping in view the fact that drivers, helpers, cleaners actually employed on vehicles not owned by State or Central Government or their Undertakings requisitioned for election purpose also perform their duties similar to polling personnel, they should also be treated as polling personnel on election duty. The Commission, therefore, desires that reasonable and generous compensation to the families of drivers, helpers, cleaners who die or are injured while on election duty and when actually employed on vehicles requisitioned for election purpose, may also be granted benefits on the same criteria, as in the case of polling personnel. Annexure Letter No. 218/6/96-PS-II Dated 8th October, 1996 addressed to 1 .The Secretary to the Government of India, Ministry of Law, Justice & Company Affairs,(Legislative Department) New Delhi, 2. The Chief Secretaries of all States of Union Territories (Except Andhra Pradesh and Jammu and Kashmir). The Chief Electoral officers of all States and Union Territories( Except Andhra Pradesh and Jammu and Kashmir). Subject: Payment of ex-gratia compensation to the families of polling personnel who die or sustain injuries while on election duty I am directed to inform you that at present there is no uniform yardstick for payment of ex-gratia compensation to the families of polling personnel who die or sustain grievous injuries while on election duty. The quantum of compensation paid varies from State to State. In some States no compensation is paid to polling personnel who die or sustain injuries during their course of duties. 2. The expenditure on account of payment of ex-gratia compensation to the polling personnel is wholly borne by Government of India during elections to Lok Sabha and by the State Government during elections to Legislative Assemblies and shared on a 50:50 basis during simultaneous elections to Lok Sabha and Legislative Assembly by the Government of India and concerned State Governments. The share of the Government of India is paid by the Ministry of Law, Justice and Company Affairs (Legislative Department).

115

3. The Commission feels that reasonable and generous compensation for families of polling personnel in the event of their death/injury while on election duty is essential. States Governments are free to decide on the quantum of compensation. Commission would like to bring to your notice the model adopted by the Government of Andhra Pradesh in the matter which is quite reasonable. A copy of the same is enclosed herewith. Other State Governments may consider to issue suitable orders similar to the model of the Andhra Pradesh Government in the matter. A copy of the order issued by the State Governments to notify the quantum of compensation may kindly be forwarded to the Commission for its information and record. Kindly acknowledge the receipt. GOVERNMENT OF ANDHRA PRADESH SCHEME—ABSTRACT GENERAL ADMINISTRATION (ELECTIONS-B) DEPARTMENT GO. MS. NO : 151

Dated : 29th March, 1996

Subject: Death/Permanent incapacitation in the course of discharge of duties in connection with the ensuring Genl. Elections to HOP. 1998 - Ex-gratia payment - Other benefits - Orders Read the following : 1.GOMS. No. 337 G.A. (ELEC-B) DEPT., DT. 7-5-1991. 2.GOMS. No. 559 G.A. (ELEC-B) DEPT., DT. 23-11 -1994. 3.GOMS. No. 30 G.A. (SC.C) DEPT., DT. 1 -2-1996. ORDER Keeping in view the orders issued in the GO. 3rd read above the Government in modification of the orders issued is the G.Os 1 st & 2nd read above, hereby direct that the following financial assistance and other benefits be provided to the bereaved families of the employees to be engaged on Election Duty during the ensuing General Elections to HOP, 1996 who in the course of discharge of duty are killed by the extremists/antisocial elements, and for injuries resulting in permanent disabilities on account of election duty. Ex-gratia amount shall be paid to the family of the To the extent of 20 times of the salary drawn deceased official engaged on election duty by the deceased official subject to the minimum of Rs. 1.50 lakhs Permanent incapacitation involving 2 limbs 2 eyes Rs. 1.00 Lakh or 1 eye of 1 limb and 1 eye Loss 1 limb or 1 eye

Rs. 50,000/-

Permanent total disablement from injuries other than those mentioned above

Rs. 1.00 Lakh

Permanent partial disablement

% of Rs 1.00 lakh as per General. Insurance table of compensation

116

vi) Last pay drawn by deceased official shall be paid to the spouse till the date of superannuating of the deceased official. In case of death/remarriage of the spouse, the Legal heir of the decease official will get the last day drawn till the date of the superannuating of the deceased official (excluding the cases of deaths due to heart-attack or by accident while on election duty). vii) Employment shall be provided to the spouse/children/dependent brother of sister of the deceased official as per existing rules i.e. in GO.MS. No. 612 G.A. (SER. A) DEPT.. DT. 30-10-91 and subsequent orders thereon issued from time to time. viii)

The family of the deceased official shall be paid HRA, based on the last pay drawn.

ix) House site shall be assigned, as per the eligibility to the family of deceased official by the District Collector concerned. x)

Retirement gratuity

xi)

Encashment of Leave at credit

xii)

Write off of loans

2.These orders are not applicable to the Police personnel as they are covered by another Insurance Scheme vide GO.MS. No. 133 Home Dept.. dt.. 5-4-1988. 3.This order issues with the concurrence of the Finance & Planning (FW) Dept. vide UO.No. 2163/FSP (Expdr)/96, dt. 27-3-1996. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) M.V. NATARAJAN CHIEF ELECTORAL OFFICER & PRINCIPAL SECRETARY TO GOVERNMENT Copy to 1. The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001. The Secretary to GOL Min. of Law & Justice, Legislature Dept., New Delhi110 001.

117

ITEM NO. 42 Election Commission's letter No. 458/4/98/Vol.II/PLN-IV dated 08.12.1998 addressed to CEOs of all States and UTs. [This facility of remuneration has been extended to the police personnel actually deployed on election related duties also vide Commission letter No.458/4/99-PLNIV, Dated 9th August, 1999 (Item No.44)] Subject: Payment of remuneration to staff deployed on poll/counting duty-extension of facilities to police personnel who are deployed in election related workregarding I am directed to invite your attention to Commission's letter No. 458/4/95/PLN-IV, dated 14th March, 1996 and letter No. 458/4/96/RS.IV/Vol. I, dated 20th May, 1996, on the subject cited and to state that Commission have been receiving requests from the police personnel who are deployed for election related duties, for extending the same facilities to them as is being given to the staff who are deployed on polling/counting duties. The Commission has further examined the matter and directed that the police personnel who are called for training in pursuance of Commission's order no. 62/ESO14/94/RS.L, dated 14.9.1994 and also the police personnel actually deployed on election related duties may also be paid remuneration etc. on the same criteria as is being paid to the polling/counting personnel.

118

ITEM NO. 43 Election Commission's letter No. 218/4/99/PLN-IV dated 24.03.1999 addressed to CEOs of all States and UTs. Subject: Revision of Electoral rolls-Payment of honorarium-revised ratesregarding I am directed to state that the rates of honorarium to be paid to the officers and staff connected with the revision of electoral rolls were last revised by the Commission in 1993 vide its letter No. 218/4/ 93 dated 24.03.93. Commission has been receiving requests from the Chief Electoral officers for revising the rates. The Commission has considered the matter. In partial modification of Commission's letter No.218/4/93 dated 24.03.93, the minimum rates of honorarium/remuneration to be paid to the following categories of officials connected with the revision of electoral rolls has been revised as shown against each. S. No.

Category

Revised Rates

1.

Designated Officers

Rs. 35/- per working day

2.

Supporting staff for designated officers

Rs. 20/- per working day

3.

Electoral Registration Officers

4.

Asstt. Electoral Registration Officers

5.

Clerical Staff

Rs. 600/- per Constituency, Maximum being Rs. 1200 Rs. 400/- per Constituency, Maximum being Rs. 800/Rs. 300/-

6.

Group D Staff

Rs. 200/-

7.

District Election Officers

Rs. 1000/-

8.

ADM and equivalent officers

Rs. 800/-

9.

Other Officers

Rs. 600/-

10.

Official in-charge (Custodian) of the draft electoral roll in the polling stations and other identified places for reference of the public during the revision process. NOTE : In case the Designated Officer is custodian of draft rolls, he shall in addition receive the remuneration at (1) above also, but only for the specific days connected with receipt of applications etc., at the location and mobilization and demobilizations for the same. 2.There will be no change in the rates being paid to the Scribes, Enumerators and Supervisors and they will continue to be paid at the existing rates. 3.The States which are paying more than the above revised rates shall continue to pay at such higher rates. 4.

The revised rates mentioned above will become effective w.e.f. 1 * April 1999. Kindly acknowledge receipt.

119

ITEM NO. 44 Election Commission letter No.458/4/99-PLN-IV, dated 09.08.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject:

Payment of remuneration to the staff deployed on poll\counting dutyextension of facilities to police personnel who are deployed on election related work

I am directed to invite your attention to the Commission's letter No. 458\4\98-Vol.II PLN-IV dated 8th December, 1998 extending the facilities of remuneration etc. to the police personnel actually deployed on election related duties as is being paid to the polling\counting personnel. It is clarified that the meal packets may also be provided to the mobile police parties as is being provided to other police personnel at polling stations\counting halls. The receipt of the latter may kindly be acknowledged.

120

ITEM NO. 45 Election Commission letter No.458/4/99-PLN-IV, dated 31.08.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Payment of remuneration to Staff deployed on poll\counting duty Reference

No. 458\4\95-PLN-IVdated 14.3.1996 No. 458\4\96-ps-ivVol. Dated 20.5.96 No.458\4\98Vol..PLN.IV dated 8.12.1998 No.458\\4\99 PLN-IV dated9.8.99

I am directed to say that reference have been received from the Chief Electoral Officers regarding payment of remuneration to the personnel deployed for election duty. It is hereby-reiterated that1.The police personnel including mobile parties \ Home Guards \ Forest Guards \ Gram Raksha Dal \ NCC (Senior) cadets \ Ex.ArmyCPMF & police personnel may be provided with minimum facilities as is being given to polling\counting personnel. 2.The expenditure on this account is to be treated as a part of expenditure connected with elections. 3.All personnel deployed for election related duties will be eligible for the above facilities. The inclusion of personnel in the category of those performing election related duties including lay and order for elections, would be decided by the State Government.

121

ITEM NO. 46 Election Commission letter No.458/4/99-PLN-IV, dated 10.09.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Payment of Remuneration to Sector Officers/Zonal Magistrates Reference:

No,458/4/95-PLN-IV dated 14.3.1996 No.458/4/96-PS-IVVol. Dated 20.5.1996 No.458/4/98-Vol.PLN-IV dated 8.12.1998 No.458/4/99-PLN-IV dated 31.8.1999

I am directed to say that reference have been received from the Chief Electoral Officers and other individuals regarding payment of remuneration to Sector Officers/Zonal Magistrates. The Commission has decided that these officers may be paid remuneration at the rate of Rs.4007- per constituency, maximum being Rs.800/-. 2.There will be no change in the rates being paid to other categories of officials. 3.The States, which are paying more than the above rates shall continue to pay at such higher, rates.

122

ITEM NO. 47 Election Commissions letter No. 218/6/2003 PLN-I dated 06.02.2003 addressed to the Chief Secretaries/ CEOs of all States and Unions Territories. Subject: Payment of Ex-gratia Compensation to the families of polling personnel who die or sustain injuries while on election duty Reference:

Commission's letters (1) (2)

No. 218/6/96-PS-II dated 8-10-1996 No. 218/6/98-PLN-I dated 25-11-1998

I am directed to say that during the General Elections to Bihar Legislative Assembly held in February 2000, the Government of Bihar had taken a Group Personal Accident Insurance policy for persons assigned with election duties. A Memorandum of Understanding was signed with the Insurance companies (Copy enclosed). In the election process, one Shri Pershuram Singh, polling officer, died because of heart attack and the insurance company rejected the claim for compensation preferred by his widow. The widow moved the Patna High Court, which decided the case in her favour. 2.

While deciding the case, the High Court has made the following observations:-

"Before parting with the records of the case, this Court would like to observe that in order to avoid any such controversy in future, the Election Commission must insist on a suitable amendment in the cover clause of MOU. It appears to me that in place of the expression "death only resulting solely and directly from accident caused by external violence and any other visible means" the expressions used in Section 3 of the Workmen Compensation Act may be substituted, that is to say, "death arising out of and in the course of election duty." 3.Accordingly I am to request that the above observations of the Patna High Court may be kept in view and the relevant clause worded accordingly while taking Group Insurance cover for polling personnel and signing Memorandum of Understanding with the insurance companies. 4.The receipt of the letter may kindly be acknowledged.

MEMORANDUM OF UNDERSTANDING Re: Group Personal Accident Insurance for persons assigned with election duties In consideration of the premium to be received from the Chief Electoral Officer, as per the computation made below the following points have been mutually agreed upon and placed on record. 1.

Persons Covered

Any person deployed by the Competent Authority for the election related work for the ensuing Bihar Assembly Elections in the month of February, 2000.

123

2. Numbers and category of persons S.No.

Category A

Number of Persons

01.

Presiding Officers

02.

Polling Officers

03.

Gram Raksha Dal & Chowkidars

04.

Patrolling & other Magistrates

05. 06. 07.

Drivers of Patrolling Vehicles Drivers associated with polling team & other Officers on election duty Police Force on deputation from other state

08.

Bihar Military Police

09.

District Police Force (First Phase)

17412

10.

District Police Force (Second Phase)

11011

11.

District Police Force (Third Phase)

12.

Home Guards

13.

Other Civil Servants & Police Officers Associated with election process like DM/DC,SRDDC,ADM,RO,SDPO. etc.

83124 249372 83124 7151 27151 20781 3330 7440

8098 54420

Total

500 592914

Sum Insured for above category will be Rs. 10 lacs per person

Category B Members of Central Para Military Forces (C.R.RF./B.S.F./C.I.S.F./I.T.B.R/SSB etc.) deployed on election duty = 32670. The Sum Insured for the above category will be Rs.2.50 lac per person. 3.

Scope of Cover

The Insurance is intended to provide for the payment of compensation in the event of death only resulting solely and directly from accident caused by external violent and any other visible means. 4.

Period of Cover

The period of insurance shall commence from the date of receipt of premium and will continue to remain in force for the next 30 days. 5.

Compensation Payable

A.

In the event of death due to accident while performing election duty for Category specified as 2A above Rs. 10 lac per person In the event of death due to accident while performing election duty for Category specified as 2B above Rs.2.50 lac per person

124

6.

Claims Procedure Following documents will be required for the settlement of the claim

Claim Form, Post Mortem Report/Death certificate, F.I.R. Competent Authority's certificate in confirmation of election duty assigned to the deceased duly forwarded by the concerned DM/DC. All possible cooperation would be extended by the Govt. Authorities for expeditious disposal of the claim. 7.Notice of Claim: The claim will be intimated to the National Insurance Co. Ltd. immediately on its occurrence at its Regional Office, Sone Bhawan, Bircahand Patel Marg, Patna. (Phone:220979, 223103. Fax: 0612-220973). On receipt of the intimation, the local office at the place of occurrence shall be liaisoning with the govt. agencies in getting the desired papers completed in all respect. 8. Payment of Compensation It is agreed that the payment of compensation shall be made to the nominee of the deceased as confirmed & certified by the concerned DM/DC. In such cases where nominee's name is not confirmed/ certified by the concerned DM/DC, the payment would directly be made in the name of the DM/DC within 7 days of the submission of above mentioned required papers. The Chief Electoral Officer, Bihar will be kept posted with the status of the claim.

9. Computation of Premium Category Premium 2A

S.I. Per Person

No. of Persons

Rs. 10 lacs

592914

@Rs.79/-

Rs. 46840206/-

2B

Rs. 2.50 lacs

32670

@Rs.l9.75

Rs.645233/-

Total

Rs.47485439/-

The premium cheque to be issued in favour of National Insurance Company Ltd. who will receive the premium on behalf of all the four Insurance Companies. The premium bill is enclosed herewith. This MOU is being signed by the representatives of all the four Insurance Companies. Sd/(A. K. BASU) Chief Electoral Officer, BIHAR Sd/(S. Rasul) Dy Manager National Insurance Regional Office PATNA

Sd/(B.N. Prasad) Sr.D.M. New India Insurance Divisional Office PATNA

125

Sd/(Rajan) Sr.D.M. Oriental Insurance Divisional Office PATNA

Sd/(M.K.Sinha) Sr. D.M. United India Insurance Divisional Office PATNA

OBSREVERS

126

ITEM NO. 48 Election Commission's letter No.464/84(2), dated 09.11.1984 to Chief Secretaries to the Govt. of all States and Union territories and all Chief Electoral Officers and Ministry of Home Affairs. Subject: General elections 1985 - Provisions of Wireless sets for Returning Officers/Observers during elections- Arrangements for observers I am directed to state that for smooth conduct of election and to have overall effective control of the situation in the constituency during election, the Returning Officers of Parliamentary and Assembly constituencies may be provided with wireless sets, during election period, i.e., from the date of issue of notification till the declaration of result of election. Similarly, the vehicle provided to the Observers appointed by the Commission be fitted with wireless set or walkie talkie of certain range so that they could contact the nearest police station or district authorities when required. I am accordingly to request you: (i) to explore the possibilities of augmenting the number of wireless sets available in the State so that the Returning Officers of each parliamentary and assembly constituency will have the facility of transmitting urgent messages through the fastest and surest means of communication; and (ii) as and when the Commission's Observers undertake visit to remote and sensitive areas, the police party escorting the Observers may be provided with a wireless set or at least a walkie-talkie set of certain range so that in times of emergency the nearest police station or the concerned authorities could be contacted without any delay. A copy of the instructions issued in the matter may be forwarded to the Commission for its information. The Commission's communication in its Letter No. 464/84 (2), dated 25th August 1984, is hereby superseded. The receipt of this letter may kindly be acknowledged.

127

ITEM NO. 49 Election Commission's message No. 464/OBS/98/PLN-I, dated 03.01.1998 addressed to Chief Secretary, CEOs of all States and UTs and repeated to all Residents Commissioner in Delhi. Subject: General Elections, 1998 - accommodation & transport arrangements for officers appointed as observers IN CONNECTION WITH THE GENERAL ELECTIONS TO LOK SABHA AND THE LEGISLATIVE ASSEMBLIES OF CERTAIN STATES (,) COMMISSION WILL BE APPOINTING SENIOR IAS AND IRS OFFICERS AS GENERAL AND EXPENDITURE OBSERVERS (.) THOSE OFFICERS WILL HAVE TO BE CALLED FOR BRIEFING AND DEBRIEFING MEETINGS AND FOR OTHER CONSULTATIONS VERY FREQUENTLY AND AT SHORT NOTICES BY THE COMMISSION (.) PARA SOME OF THE IAS AND IRS OFFICERS APPOINTED AS OBSERVERS WILL BE COMING TO DELHI FROM DIFFERENT STATES AND UNION TERRITORIES AND SOME TIMES FIND IT DIFFICULT TO FIND ACCOMMODATION AND/OR TRANSPORT (.) I AM DIRECTED THE COMMISSION TO BRING THE ABOVE TO YOUR NOTICE AND REQUEST THAT IN ORDER THAT THOSE OFFICERS ARE NOT PUT TO ANY INCONVENIENCE DURING THEIR STAY IN DELHI (COMMA) THE CHIEF SECRETARIES /CHIEF ADMINISTRATORS OF THE STATES AND 1 UNION TERRITORIES MAY ISSUE IMMEDIATE SUITABLE DIRECTIONS TO THE OFFICERS/DEPARTMENTS ALLOTTING ACCOMMODATION (I) TRANSPORT AND THE RESIDENT COMMISSIONERS AND LIAISONS OFFICERS AS WELL AS THE MANAGERS IN CHARGE OF THE VARIOUS STATE GUEST HOUSES AND BHAWANS IN DELHI TO PROVIDE THE OFFICERS DOING ELECTION DUTY WITH SUITABLE ACCOMMODATION DURING THEIR STAY IN DELHI AND TRANSPORT BE PLACED AT THEIR DISPOSAL RIGHT FROM THEIR ARRIVAL AT AIR PORT / RAILWAY STATION IN DELHI TILL THEIR DEPARTURE (.) A COPY OF THE INSTRUCTIONS ISSUED MAY KINDLY BE ENDORSED TO THE COMMISSION (,)PARA (.) STATE QUOTA FOR AIR TRAVEL / RAIL TRAVEL REQUIRED MAY ALSO BE RELEASED IN FAVOUR OF SUCH OFFICER WITHOUT FAIL (.) THE CHIEF ELECTORAL OFFICERS ARE REQUESTED TO PURSUE THE MATTER FOR IMMEDIATE ACTION (.) RESIDENT COMMISSIONERS & LIAISON OFFICERS IN DELHI MAY KINDLY SEE THAT NO OFFICER APPOINTED AS OBSERVER OF THE COMMISSION IS PUT TO ANY INCONVENIENCE ON THIS ACCOUNT (.)

128

ITEM NO. 50 Election Commission's message NO.GE98/464/OBS/98/ dated 19.01.1998 addressed to (1) Cabinet Secretary (2) Secretary, Deptt of Revenue, Govt. of India (3) Establishment Officer, DOPT, New Delhi (4) Chief Secretaries of all States/UTs and copy endorsed to CEOs of all States and UTs. Subject: Nomination of officers for observers duty in elections THE PROCESS FOR GENERAL ELECTIONS FOR CONSTITUTING THE 12TH LOK SABHA AND NEW ASSEMBLIES FOR 5 STATES HAVE ALREADY STARTED (.) THE FIRST SET OF NOTIFICATIONS WOULD BE ISSUED ON 20TH INSTANT (.) IN ORDER TO ENSURE FREE AND FAIR POLLS AS WELL AS TO MANAGE THE CONDUCT OF ELECTIONS IN A SMOOTH, EFFICIENT AND EFFECTIVE MANNER (,)THE COMMISSION WOULD BE APPOINTING AND DEPLOYING MORE THAN 1800 OBSERVERS TO ASSIST THE COMMISSION IN DISCHARGING OF ITS CONSTITUTIONAL RESPONSIBILITIES FOR THE SUPERINTENDENCE (,) DIRECTION AND CONTROL OF THE PROCESS OF GENERAL ELECTIONS (.) SINCE THE ENTIRE ACTIVITIES HAVE TO BE COMPLETED IN A VERY TIGHT SCHEDULE WITHIN THE TIME FRAME INDICATED BY THE PRESIDENT OF INDIA, THE OBSERVERS WILL BE REQUIRED TO IMMEDIATELY MOVE TO THEIR CONSTITUENCIES AFTER THE BRIEFING SESSIONS ON 19TH , 21ST AND 22ND OF JANUARY, 1998 (.) THE COMMISSION AFTER TAKING THE EXPERIENCE IN THE PAST AND ALL OTHER RELEVANT FACTORS HAVE DECIDED THAT NO OBSERVER WILL BE ALLOWED TO GO ON FOREIGN TOURS BEGINNING FROM THE DATE OF THE BRIEFING SESSIONS ALLOTTED TO THEM TILL THEY COMPLETE THEIR DUTIES AS OBSERVERS OF THE COMMISSION (.) ACCORDINGLY (, ) ALL CONCERNED MAY BE DIRECTED NOT TO SPONSOR ANY SUCH CASE (.) THE COMMISSION WILL NOT ENTERTAIN ANY SUCH REQUESTS IN THIS REGARD (.) IN THE RAREST OF RARE CONTINGENCY WHERE THIS IS ABSOLUTELY UNAVOIDABLE Q THE CABINET SECRETARY MAY PERSONALLY REVIEW THE CASE AND WITH FULL JUSTIFICATION FORWARD THE SAME TO THE COMMISSION FOR ITS CONSIDERATION AND APPROPRIATE ORDERS (.) THE COMMISSION SECRETARIAT BEING FULLY OCCUPIED WITH ACTUAL CONDUCT OF ELECTIONS AND OBSERVERS HAVING STATUTORY RESPONSIBILITIES IN DISCHARGING THEIR FUNCTIONS (,) IT IS STRONGLY ADVISED THAT THIS DIRECTION SHOULD BE TAKEN WITH DUE SERIOUSNESS AND ALL CONCERNED INFORMED ACCORDINGLY (.) IT MAY BE NOTED THAT ONCE A CONSTITUENCY HAS BEEN ALLOTTED TO AN OBSERVER ANY CHANGE IN THE MIDDLE OF THE ELECTION PROCESS WOULD BE TOTALLY UNDESIRABLE AND WOULD CREATE SERIOUS PROBLEMS FOR SUITABLE SUPERVISION OF THE POLL PROCESS THROUGH OBSERVERS (.) THE REVIEW OF THE CABINET SECRETARY WILL APPLY IN CASE OF ALL OBSERVERS WHETHER THEY ARE BEING SPONSORED BY THE ESTABLISHMENT OFFICERS ORBYTHE DEPARTMENT OF REVENUE OR THE STATE GOVERNMENTS (.)THE E.O. IN D.O.RT. MAY CO-ORDINATE THIS WITH THE COMMISSION SECRETARIAT ON BEHALF OF THE CABINET SECRETARY).

129

ITEM NO. 51 Election Commission's letter No. 464/OBS/98/PLN-l dated 25.01.1998 addressed to CEOs of all States and UTs Subject: General Elections - Observers - Facilities and contingency Expenditure -Arrangements by the ROs I am directed to state that it has been noticed that different practices are adopted in different States and different ROs. in the matter of facilities extended to the Observers and there is lack of uniformity in this regard. The Commission has considered the issues relating to facilities and formulated detailed uniform guidelines in this regard to ensure efficient functioning of the Observers in the constituencies allocated to them. Accordingly the Commission issues the following instructions in the matter: (i) Arrangements for boarding, lodging, transport and security of the Observers shall be arranged by the District Election Officers / Returning Officers concerned. These arrangements will also cover the escort officers PSO driver, security personnel and a secretarial assistant, if any accompanying the Observers. Arrangements for the full team will be made by the DEO/RO so that no time is lost on this account by the Observers in making best and optimum use of the time available during the election process. These expenses will be met out of contingencies for election by the R.O. CONTINGENCY EXPENDITURE (ii) The Commission has made every efforts to provide everything needed by the Observers in terms of stationeries and other requirements for discharging their duties. The R.O. will supplement with any additional support required in this regard. However, there may be rare cases of the Observers being required to meet some emergent contingent expenditure including making telephone calls, sending fax messages or using postage or for any other similar items. In such cases, the Observer would immediately give a voucher to the R.O. who will reimburse the amount then and there on the basis of the certificate given by the Observer. This has to be charged to the contingency expenditure account of the concerned ROs' account. Transport & Security Arrangements (Hi) The DEO / RO shall make arrangements for the accommodation, security, transport, wireless communication and telecommunication facilities, guide / escort and secretarial assistance to the Observers for effective functioning. Telephone/Fax Facility at Base Station (iv) The Observers shall be provided by the DEO/RO Telephone and fax facilities at the circuit House or Guest House where they will setup base. As far as practicable, all Observers allotted to a constituency will be accommodated at the same place so that they can share telephone and fax facilities. The Zonal Secretaries in the Commission shall be intimated these numbers.

130

Telephone/Fax Facility at Counting Centre (v) One of the most important features relates to provision of specific facilities to Observers in the Counting centre. It is mandatory for the RO providing a separate room or a cubicle for the Observer or Observers at each counting centre with a STD Telephone and one fax attached to this. If possible the fax should have a separate line with STD facilities. The telephone numbers are to be obtained in advance for the Observers' use and these are to be communicated to the Zonal Secretaries in the Commission. Escort Officers (vi) The Escort Officers provided for each Observer shall have a clear knowledge of the area of constituency and the ROs shall ensure that the Escort Officer provided is so equipped. He should also be able to act as an interpreter for interaction of the Observers with the local people and officials. Information Folder (vii)

The ROs shall provide each Observer with a folder containing (1)a Map of the Parliamentary Constituency (showing also the boundaries of the Assembly Segments; (2)List of Polling Stations as made available to the Political Parties and contesting candidates in terms of the provisions of Hand Book for the ROs; (3)Table of contents of Electoral Roll of each Assembly segment; (4)Telephone Numbers at a glance for the District(s), constituency; (5)A Booklet containing the plan for managing the elections in the district(s) and such other documents as are essential; (6)Detailed plan for counting of votes of the constituency.

These instructions may be brought to the notice of all the DEOs/ROs immediately for compliance. A copy of this letter may also be given to each of the Observers deployed in different constituencies of the State / UT concerned.

131

ITEM NO. 52 Election Commission's letter NO. ECI/GE-98-464/Inst./98/PLN-I dated 31.01.1998 addressed to CEOs of all States and UTs. Subject: Clarifications on the Guidelines issued to Observers for Lok Sabha elections The Election Commission of India has brought out a booklet entitled 'Guidelines for Observers' for the General Elections, 1998. This highlights activities on which Observers are to concentrate during their three visits to the constituencies and also gives the background and the rationale for carrying out such activities. 2.Needless to say, the Guidelines for Observers are brought out keeping in view the all India perspective in view. However, it is seen from the feedback received from the Observers and certain District level functionaries located in some states that some of the Returning Officers have expressed difficulty in strictly implementing the instructions contained in Commission's letter dated 18th January, 1998 which forms part of the Guidelines as Appendix - L. 3.The most important of the issues that have been posed for consideration of the Commission relates to randomization of polling personnel for constituting Polling Parties that would be deployed in the Polling Stations numbering more than 8 lakhs in the country. 4.While there is no contradiction between the instructions given in the Handbook for Returning Officers, 1998 edition, in para 10.2 of Chapter-III at page 22 and Guidelines to the Observers, the practical difficulty appears to be in finishing the job of forming of the polling parties during the second visit of the Observers as also doing it in their presence. 5.The second difficulty relates to finding the polling personnel from outside the Assembly Constituency where they are currently posted or where they are resident in terms of Item 2 of the basic criteria for constituting polling/political parties (enclosure to letter No. ECI/GE98-464/Inst./98/PLN-l dated January 18, 1998 at Appendix-L). 6.Taking into account all the feed back from the Observers into consideration and in order to obviate these difficulties and find a practical solution, the following clarifications and additional instructions are issued. The existing instructions will, accordingly, stand modified. 7.The polling parties may, if possible, be constituted during the first visit of the Observers. If these Parties are formed in their absence after their first visit, their composition should be shown to the Observers when they come for their second visit, so that they satisfy themselves that proper randomization has been done according to the Commission's instructions. However, in no circumstances, should any member of the polling party come to know about the specific polling booth that he or she is deputed to before the unavoidable minimum period essential for smooth conduct of the elections. This information should come to the notice of the polling personnel only at the time of, or immediately before they are being given the polling material and dispatched to the respective polling stations from the dispersal centre. The exact time for the latter will be decided by the concerned CEO in terms of principles of sound management of poll process without compromising on the need for ensuring that the polling parties remain impartial and fair.

132

8.As for the Observers' supervision of the process concerned, as far as possible, the observers should have a first-hand look during their first visit at the actual planning made by the DEO and RO for this purpose and satisfy themselves that the basic principles are being followed. If it is not possible (as per the overall schedule of their visits) to remain present when the actual randomization is being done to the constituencies, this can be done by the DEO or RO on their own. 9.The work as such need not be held up or rushed through simply to be synchronized with the schedule of the visit of the Observer. If required one of the Observers can extend his stay of the first visit for a few days to oversee the process. What is important is to ensure that the broad principles indicated by the Commission are being followed by the DEO and RO. 10.It has been noted by the Commission that the practice followed by different States is marginally different from each other. Accordingly, the actual work of formation of the polling parties needs to be completed in good time, which will ensure smooth conduct of the elections. 11.Attention is also drawn to the contents of para 69 of the said Guidelines for Observers which refer to appendix L, the subject of which is "General Elections, 1998 - Deployment of Polling and Counting Personnel - Random Number Generation Technique." In the note on "Basic Criteria for Constituting Polling Counting Party", item 2 it is stated that no person should be assigned polling duties in a constituency in which he is posted or resides. The word "Constituency" here means Assembly Constituency. This, therefore, should be kept in view while composing the polling parties. 12.However, in rarest of rare cases, where, in some districts due to certain reasons like nonavailability of adequate staff or uneven distribution of staff or in big metropolitan cities and constituencies this principle cannot be adhered to, the CEO of the State may allow District administration such relaxation as is essential, after being fully satisfied that the basic principle of randomization and other criteria are being otherwise followed strictly. 13.This should take care of the second difficulty relating to deploying polling persons outside the Assembly Constituency where they are posted or resident. The CEOs will now have the authority to relax this in cases of genuine difficulties being encountered by the DEO or RO. The basic principle of the polling parties being formed on a random basis and ensuring that this principle contributes to the conduct of free and fair polls should be followed while allowing such relaxation. 14.These instructions should be immediately brought to the notice of all ROs/DEOs and a copy made available to each Observer for their information and guidance.

133

ITEM NO. 53 Election Commission's letter No. 464/OBS/98/PLN-l dated 12.03.1998 addressed to CEOs of all States and UTs. Subject: General Elections to Lok Sabha & certain State Assemblies, 1998Expenditure on Observers - Clarification I am directed to state that the Commission has already approved the charging of expenditure on Observers to the contingency account for conduct of elections. Vide Commission's letter No. 464/ 0BS/98/ PLN-l, dated 25-01 -1998, the Returning Officers have been authorized to meet the expenditure in this regard. However, it has been brought to the notice of the Commission that Chief Electoral Officers have also incurred some expenditure directly as some of the Observers had to pass through the State Headquarters as these were also the transit points to reach the Constituencies. Accordingly, the Commission decided that expenditure in connection with the visit of Observers to the State Headquarters which have been incurred by the Chief Electoral Officers, will also be charged to the Contingency Head for Conduct of Elections and will be met by the CEOs accordingly. The receipt of this letter may kindly be acknowledged.

134

ITEM NO. 54 Election Commission's letter No.464/OBS/98-PLN-I dated 24.10.1998 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Observers appointed by the Commission - Provision of facilities As you are well aware the Election Commission of India, under article 324 of the Constitution read with section 20(b) of the Representation of the People Act, 1951, depute Observers for various elections that are conducted by the Commission. The Observers are the eyes and ears of the Commission and their functions go along way in assisting the Commission to conduct free and fair elections. It therefore, naturally follows that they have to be treated by the district administration and all concerned in election related activities with due regard and with proper courtesies. 2.The question regarding the facilities that an Observer is entitled, when he visits a constituency, has not so far been spelled out in all its details. Nor does the Commission intend to do so, in view of the large areas over which such deployment takes place and the considerable variations in local conditions and local style and nature of administration that is prevalent in the country. 3.However, in view of certain issues in this area that has crept up from time to time, the Commission desires that certain minimum facilities that are to be extended to the Observers are listed below:1.The Observers should be given reliable and dependable transport from the nearest Railway Station/Airport. When the constituency to which an Observer has been deputed, is proximate to his residence, then a car may be provided to enable him to reach the constituency. 2.The Observers should be provided with Ambassador (non-AC) cars, as this would allow them to go into interior areas easily. 3.The Observers are not to be provided with a Guard of Honour. 4.The Observers should be provided with a minimum security of a PSO/gunman. However, if in the assessment of the CEO in consultation with the appropriate authorities of the State Government there is need for a higher level of security, suitably, enhanced security may be provided. 5.Security in excess of the minimum specified is to be provided by the district administration as directed by the CEO. 6.No escort car/pilot or advance pilot is to be given to the Observer except in terms of special requirement assessed in terms of 5 above. 7.In addition to the PSO/gunman the Observer should be accompanied with by a local official who is aware of the terrain and distance involved in the constituency. 8.Food arrangements should be made by the district administration for Observer, PSO/ gunman, driver and the local official in a manner that would allow the Observer full freedom of movement, as he so desires.

135

9.If the Observer desires mineral or bottled water that should be provided. 10.By and large the Observers should be housed in Government or Semi-government Guest Houses located in the constituency for which they are functioning as Observers. 11.If suitable Government Guest Houses are not available, alternative accommodation may be provided of an appropriate quality in consultation with the CEO as per assessment of the district administration ratified by the CEO. 12.No fax machine need be provided exclusively to the Observer. He must be allowed to use the fax machine available in any office under the control of district administration on a priority basis. His requirement for confidentiality while transmitting faxes should be respected by the concerned office from where he sends fax messages. 13.Where more that one Observer is being housed in the same premises, only one telephone line need be available with STD facility. 14. It is the responsibility of the CEO to apprise the Commission where any Observer in contravention of Commission's standing directions on the subject has come for duty accompanied with his family. 15. There should be one fax machine in working condition at all counting centers, which would be used both by the RO and the Observer. 4. The above points may be brought to the notice of all concerned so that stray incidents of friction which sometimes unhappily occur are reduced with everybody knowing what their role is in the entire exercise.

136

ITEM NO. 55 Election Commission's letter No.464/OBS/99-PLN-I, dated 12.08.1999 addressed to The Cabinet Secretary, The Secretary to the Government of India, Department of Personnel & Training, The Secretary to the Government of India Ministry of Finance, Department of Expenditure, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: Election Observers- Travel Abroad I am directed to state that in connection with the forthcoming General Elections to Lok Sabha and certain State Legislative Assemblies, the Commission has deployed senior IAS and IRS officers as Observers. While about 1600 officers have been actually appointed as Observers, a few have been kept in the reserve list so that their services can be utilized as and when the same are required. 2.The Commission has been receiving references from the Observers regarding foreign tours etc. The Commission has considered the matter and it has decided that no observer (including officers on reserve list) should be sent on foreign tour/training etc. till the election process is over i.e. 1 0th October, 1999. 3.I, therefore, request you to intimate all Ministries/Departments, other Organizations and Public Sector Undertakings that the officers appointed as Observers, including those in reserve, should not be deputed abroad till the election process is over.

137

ELECTION PREPARATION A.

DRAFTING / REQUISITION OF PREMISES / VEHICLES

138

ITEM NO. 56 Election Commission's Letter No. 458/84, dated 06.11.1984 addressed to all Chief Electoral Officers and Ministry of Home Affairs and Ministry of Law and Justice. Subject: General Election to Lok Sabha/Legislative Assemblies and Bye-electionsAssistance by Government of India employees and use of Government Vehicles, etc. I am directed to say that at the time of the general election to Lok Sabha and to the Legislative Assemblies, the State Governments generally seek assistance of the Central Government Offices and Departments located in the States for deployment of their employees in connection with the conduct of elections. The civil employees of Defence, Central para-military forces like the Border Security Force, Central Reserve Police Force, Central Industrial Security Force, etc. and employees of Public Undertakings may also be required for such election duty. 2.Since the State Governments always experience difficulty in mobilizing a large number of vehicles to meet their requirements on account of their limited resources, they look to the Central Government offices and departments in the States for placing their vehicles at the disposal of the election authorities for a specified period during elections. 3.It has been brought to the notice of the Commission that in the past, some of the Central Government Offices and departments located in the States/Union Territories were not extending full-co operation in the matter despite the instructions given by the Central Government and wanted exemption from those instructions on one pretext or the other. The Commission has already instructed that in the formation of polling parties, personnel should be drawn from both the Central and State Government Offices and departments and they should be properly mixed in order to create confidence in the minds of the political parties and candidates about the impartiality of the officers manning the polling stations. 4.In this context, attention is invited to the similar instructions issued earlier by your Ministry to all the Ministries and Departments of the Government of India instructing them to place at the disposal of the election authorities in the State the service of all Government of India employees wherever a demand is made and also for the use of the Central Government vehicles in the State for the work connected with the elections. 5.Similar standing instructions may be issued now to all the Central Government Ministries and Departments concerned who are having their offices located in the States and Union Territories. Instructions are also required to be issued to cover the Public Undertakings (of the Central Government located in the States.) 6.The grant of leave or exemption from election duty should be scrupulously avoided unless there are very compelling reasons. The Heads of the Departments or the offices of the Central Government in the States should be instructed to get in touch with the Chief Electoral Officer of the State and offer their assistance in whatever manner it is required. 7.A copy of the instructions issued in the above matters may also be endorsed to the Commission. 8.The receipt of this letter may kindly be acknowledged.

139

ITEM NO. 57 Ministry of Law and Justice (Legislative Department) (Budget and Accounts Unit) O.M. No. G. 27031 (6)/ 87-B & A, dated 12.11.1986 to all Ministries and Departments of the Govt. of India, all State Govt., all C.E.Os. and C.A.G., New Delhi. Subject: Requisition of buildings belonging to Central Government Departments for election purposes Clause (1) of the article 324 of the Constitution state that the conduct of all elections to the Parliament and to the Legislative Assembly of every State shall be vested with the Election Commission of India. According to sub-section 10(a) of section 160 of the Representation of the People Act, 1951, the premises should be requisitioned only if it is "needed or likely to be needed for the purpose of being used as polling stations or for storage of ballot boxes after a poll has been taken". 2.The States/Union Territories Governments have been requisitioning the buildings/premises owned by Central/State Governments, etc. for being used as polling Stations or for the storage of ballot boxes after a poll has been taken and the latter are not charging any rent, etc., therefore. But instances have come to notice that some Central Government departments are charging the rent, etc., from the State/ Union Territories Governments on requisition of the Central Government buildings for the above purpose. In this connection it is stated that the part of the election expenditure is shared by the Government of India, Ministry of Law and Justice. Keeping in view the above, the Election Commission of India have requested this Ministry to issue standing instructions to all the Central Government departments, etc., not to charge any rent, etc., if their buildings or premises are requisitioned for the purpose of conduct of Elections either to Lok Sabha or State Legislative Assemblies. 3.After careful consideration of the matter in consultation with the Ministries concerned, it has been decided not to charge any hire charges/rent, etc., if any Central Government buildings or premises are requisitioned for period the same are required for use as polling/counting stations and storage of polled ballot boxes after a poll has been taken in connection with conduct of election to Parliament or State Legislative Assemblies. 4.All the Ministries/Departments are requested to issue standing instructions to the Heads of Departments and their subordinate/attached Offices under their control in Delhi and State/Union Territories to afford facilities to the States/Union Territories Governments in the matter given above, without charging any rent. A copy of the instructions issued in this behalf may kindly be endorsed to this Ministry. 5.The above arrangement will come into force from the date of issue of this OM and will not cover public sector undertakings and local bodies. 6.This supersedes this Ministry's O.M. of even number dated 11 th November 1986.

140

ITEM NO. 58 Ministry of Law and Justice (Legislative Department), O.M.No.F-7(3)/87-Leg.-II, dated 23.02.1987 to all Ministries etc. and Chief Electoral Officers. Subject: General Election to the Legislative Assemblies of the States of Jammu and Kashmir, Kerala and West Bengal and Bye-elections in Andhra Pradesh, Gujarat, Maharashtra, Uttar Pradesh and Pondicherry - Assistance by Central Government employees and use of Government vehicles, etc. The undersigned is directed to refer to the instructions contained in this Ministry's Office Memorandum No. 7(2)/84-Leg.II, dated the 20th November, 1984 and to request that the Ministry of Home affairs, etc., may kindly ensure that the instructions contained therein, which are in the nature of standing instructions on the subject, are brought to the notice of Heads of Offices under their administrative control located in the States of Jammu and Kashmir, Kerala and West Bengal where general elections to the Legislative Assemblies are to be held on 23rd March, 1987. Similar instructions may also please be issued to their offices located in the States of Andhra Pradesh, Gujarat, Maharashtra, Uttar Pradesh and Pondicherry where certain bye-elections are also likely to take place. It may also be ensured that services of the Central Government employees working in the offices located in the above said States and also vehicles belonging to those offices are placed at the disposal of the election authorities for assistance in conduct of said elections wherever request is made by such authorities in this behalf. It is also requested that a copy of the instructions issued by Ministries and Departments to the Heads of their offices located in the aforementioned States may also please be endorsed to the Chief Electoral Officers of the State concerned.

Ministry of Law and Justice (Legislative Department) O.M.No. F. 7(2)/84-Leg-II, dated 20th November 1984 to all Ministries/Departments of Govt. of India and Chief Electoral Officers. Office Memorandum Subject: General Election to the LokSabha-1984and Legislative Assemblies of Tamil Nadu, Manipur, Arunachal Pradesh and Goa, Daman and Diu - Assistance by Government of India employees in the conduct of elections and use of Government vehicles etc. Clause (1) of Article 324 of the Constitution states that the conduct of all the elections to Parliament and to the Legislatures of every State shall be vested in the Election Commission. Under clause (6) of the Article the President or the Governor of a State shall, when so requested by the Election Commission make available such staff as may be necessary for the discharge of the functions conferred on the Election Commission. It is hardly necessary to emphasis that the conduct of elections to Parliament and to State Legislatures is of the greatest importance and that the maximum co-operation of all is required to make the elections a success.

141

2.The ensuing General Election to the Lok Sabha, 1984, will be held in the last week of December, 1984. The Chief Electoral Officers of the States will, in addition to the employees of the State Government, also require the services of the maximum number of employees working in the offices of the Government of India and Central Government Undertakings located in the various States for the purpose of polling, counting and other duties connected with the General Election, 1984. The Election Commission has, therefore, requested that all the Ministries and Departments of Government of India may be asked kindly to direct the heads of offices and Central Government Undertakings functioning in the States and Union Territories, to furnish well in advance to the Chief Electoral Officers of the States concerned, a statement showing category-wise the number of all their officers and staff so that the Returning Officers could indicate the number required for the election. The staff asked for the election should be spared even if it involves some dislocation of normal work of their offices. The Chief Electoral Officer will, however, ensure that the entire strength of an office is not deputed for election duties. 3.The Election Commission also requested, in the interest of free and fair election and observance of absolute rectitude on the part of civil administration during the election, the need for laying great emphasis or putting an embargo on transfers of officers having duties statutory or otherwise – connected with the conduct of elections. If transfers of officers, particularly at senior levels, who are in some way or other entrusted with important and significant task connected with elections, are effected in a routine and casual manner after the announcement of elections, there will be room for doubt and apprehension about the fair conduct of elections and impartiality of the administration. Keeping in view these circumstances, the Commission has urged for the need for the imposing and enforcing a ban on the transfer of all officers connected with the conduct of elections until they are completed. The ban on transfers should be enforced and be effective from the date of announcement of the election (20 th November 1984) till its completion i.e., 1 0th January 1985. 4.The Commission has also requested that Heads of Offices should not entertain applications for leave from now onwards up to the 1 0th January 1985, except on medical grounds or where the circumstances are exceptional in nature. 5.Apart from assistance by the Government of India employees in conduct of elections, a large number of vehicles will also be required for the quick and efficient conduct of elections. Attention is invited in this connection to the provisions contained in sub-section (1) of section 160 of the Representation of the People Act, 1951. For convenience of reference, the relevant portion of sub-section is reproduced below :"160. Requisitioning of premises, vehicles etc., for election purposes: (1)

if it appears to the State Government that in connection with an election held within the State, (n) ************** (b) any vehicle, vessel or animal is needed or is likely to be needed for the purposes of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or the person for performance of any duties in connection with such election, that Government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may

142

be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purposes connected with the election of such candidate shall be requisitioned under this subsection until the completion of the poll at such election." Although the State Government enjoys ample powers under the Act to requisition any vehicle, this Ministry considers that it would not be desirable to wait for a requisition order to be issued in each and every case, especially when the vehicles are owned by or are under the control of a department of Government of India and that it would be better, if a statement, showing the number and category (e.g. car, station wagons, jeep) of the vehicles owned and under the control of the Department is made available to the Chief Electoral Officer of the State so that he could indicate the number of vehicles required for election purposes. The Chief Electoral Officer will ensure that the entire vehicle strength of an office is not taken away for election purposes. This Ministry is of the opinion that it would be sufficient if the vehicles are made available for about a week during the poll period. 6.The Election Commission has also drawn attention to the use of vehicles/cars etc., belonging to Government Departments and Undertakings in the co-operative or Public Sector (statutory or otherwise) functioning under the Union Government for electioneering purposes, either clandestinely or openly would amount to misuse of official machinery as these are bodies controlled by the Government in some way or the other. It has desired that misuse of official vehicles for election purposes should be stopped. Ministries, etc., are requested to kindly issue immediate instructions to all the undertakings, etc. under their administrative control that during the election, i.e., from the date of announcement of election till the date of declaration of result of" elections, vehicles, etc., belonging to these bodies should not be allowed to be used by Members of Legislative Assemblies and Members of Parliament or candidates in any capacity and the use of such vehicles should be confined only for administrative purposed authorized by the Central Government. 7.The Ministry of Home Affairs, etc., are requested to issue necessary instructions to the Heads of Department and Offices under their control and working in the States to afford facilities to the State Government in the manner detailed above. A copy of the instructions issued in this behalf may kindly be endorsed to this Ministry, the Election Commission and the Chief Electoral Officer of the State concerned. The orders issued may be made applicable also in the case of the bye-elections that may be held after the General Election.

143

ITEM NO. 59 Ministry of Law and Justice (Legislative Department), (Budget and Accounts Unit) O.M. No.G. 27031 (6)/ 87-B & A dated 17.12.1987 to Ministries etc., Comptroller and Auditor General, New Delhi, Ministry of Finance, all State Governments and Chief Electoral Officers. Subject: Payment of hire/rental charges for vehicles of Government/Semi-Government departments requisitioned for conduct of elections to the Parliament and State Legislative Assemblies In terms of section 160 of the Representation of the People Act, 1951, the State Governments are empowered to requisition premises or any vehicle or vessel in connection with an election in that State. The word "premises" would include any land, building or part of the building and includes a hut, shed or other construction or any part thereof; "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled, mechanical or otherwise. In terms of section 161 of the Representation of the People Act, 1951, whenever a vehicle is requisitioned, the owner of the vehicle shall be paid compensation by the State Government, determined on the basis of the fares or rates prevailing in the locality for the hire of such a vehicle. 2.Sometimes, the State Governments are obliged to requisition vehicles belonging to offices of the Central Government situated in the locality or the vehicles belonging to a public sector enterprise functioning under the jurisdiction of the Central Government. The question whether such Central Government offices or public sector enterprises should prefer hire charges for the vehicles placed at the disposal of the State Government's requisition order has been considered. It has been decided with effect from the date of issue of this office memorandum, that Central Govt. offices as well as the autonomous statutory bodies and autonomous public sector undertakings under the control of the Central Govt. may not prefer hire charges whenever their vehicles are requisitioned by the concerned State Governments or Union Territory Administrations, for the conduct of elections. However whenever such vehicles are requisitioned, the cost of petrol, oil and minor repairs during the period of requisition would be borne by the concerned State Government as hitherto. All Ministries and Departments are requested to issue suitable instructions to Subordinate/Attached Offices as well as the statutory autonomous bodies and public sector undertakings under their control.

144

ITEM NO. 60 Election Commission's Letter No. 458/91, dated 08.04.1991 addressed to the Cabinet Secretary, Cabinet Secretariat, Rashtrapati Bhavan, New Delhi and copy endorsed to all CEOs Subject: General Election to Lok Sabha and Legislative Assemblies of certain States and Union Territory of Pondicherry - Assistance by Govt. of India employees and use of Government vehicles etc. As you are aware that the 9th Lok Sabha has been dissolved by the President on the 13th March, 1991 and the President has directed that the new Lok Sabha should be constituted on or before the 5th June, 1991. General Elections to constitute Assemblies of some States and Union Territory of Pondicherry will also be held along with the Lok Sabha elections. 2.For the purpose of efficient control of the polling personnel and the available personnel working under the State and the Central Government offices in the State, as well as under the local bodies, statutory bodies, corporations and Public Sector Undertakings have to be mobilized and an assessment of the availability of the requisite number has to be made well in advance. This work calls for a lot of planning. Especially in order to avoid any allegation of collusion among the polling personnel in favor of any candidate or political party and to instill confidence in the minds of political parties and candidates about free and fair election, it is necessary to ensure proper mix of polling personnel drawn from different Offices and Department at the time of formation of polling parties. 3.Similarly the premises and vehicles of the Government are also required for conducting the elections. 4.Since the State Governments always experience difficulty in mobilizing a large number of personnel and vehicles to meet their requirements on account of their limited resources, they look to the Central Government Offices and Departments in the States for getting personnel and vehicles for a specified period during elections. 5.In this connection, I would like to draw your attention to Clause (6) of Article 324 of the Constitution which lays down that the President or the Governor of a State shall, when so requested by the Election Commission, make available such staff as may be necessary for the discharge of the functions conferred on the Election Commission. Likewise Section 160 (1) (b) of the R.R Act, 1951, empowers the State Government to requisition Government premises, vehicles, etc. for the purpose of transport of men and materials for election purposes. 6.I am to request you to issue appropriate instructions to all Ministries and Departments of Govt. of India in the above matter so that no difficulty is faced by the State Governments for obtaining the assistance by Government of India employees and use of their vehicles. The legal implications of failure to respond to such requests may, if so deemed fit, also be brought to their notice. 7.A copy of the instructions issued may kindly be forwarded to the Commission at the earliest.

145

ITEM NO. 61 Cabinet Secretary's letter No. 53/5/2/91 -CA. V dated 12.04.1991 addressed to the All Secretaries to the Govt. of India and to Election Commission of India with reference to letter No. 458/91/10083 dated 8.4.1991 Subject: Extending assistance to State Government in the conduct of elections The general elections to the Tenth Lok Sabha have been announced and there will be simultaneous polls to the State Assemblies of some States and the Union Territory of Pondicherry. 2.For the efficient conduct of polling, the available personnel working in the States and in the Central Government offices in the States as well as under the local bodies, statutory bodies, corporations and public sector undertakings have to be mobilized. This work calls for advance planning and assessment of the availability of the requisite number of staff. To avoid any allegation of collusion among the polling personnel in favour of any candidate/political party and to instill public confidence in free and fair elections, it is necessary to ensure a proper mix of polling personnel drawn from different offices and departments at the time of formation of polling parties. Similarly, premises and vehicles of the Central Government may also be required by the States for conducting the elections. 3.Since the State Governments generally experience difficulty in mobilizing the requisite number of personnel and vehicles to meet the requirements, they look to the Central Government offices and Departments in the States for getting additional personnel and vehicles during the elections. Of course, the State Governments have the authority to obtain services of personnel and to requisition vehicles and premises etc. The relevant Acts also provide for legal consequences for non-compliance. 4.I shall be grateful if all Central Government offices including attached and sub-ordinate offices, public sector undertakings etc. under your Ministry/Department are issued necessary instructions for extending all assistance to the State Governments in the conduct of the forthcoming elections.

146

ITEM NO. 62 Election Commission's letter No. 4/98/J.S.II dated 10.03.1998 addressed to CEOs of all States and UTs. Subject: General Elections to Lok Sabha, 1998 - requisition of vehicles - Payment of Compensation in case of accident - Liability of insurance - regarding I am directed to invite your attention to Section 160 of the Representation of the People Act, 1951, which inter-alia provides for requisitioning of vehicles, etc., for election purposes, and Section 161 of the said Act which provides for payment of compensation. Under these, there is no provision for compensation in respect of such vehicles under requisition, in case of accident, loss or damage during the period of requisition. 2.The matter was brought to the notice of Govt. of India, Ministry of Law and Justice (Legislative Department) for its clarification In reply, the Ministry of Law and Justice has forwarded a copy of O.M. No. 64(7)Ins.I/98, dated 24th February, 1998 of Ministry of Finance, which is self-explanatory. I am to forward a copy of Ministry of Law & Justice letter No. 7(2)/98Leg.II, dated 2nd March, 1998, together with a copy of Ministry of Finance, Department of Economic Affairs, Insurance Division, O.M. dated 24th February, 1998, referred to above. 3.The instructions/directions contained in the above quoted O.M. dated 2.3.98 of the Ministry of Finance are of standing nature and may be brought to the notice of all District Election Officers and other concerned authorities for their information and necessary action. No. 7 (2)/98-Leg. II Government of India Ministry of Law and Justice Legislative Department New Delhi 2nd March, 1998 To The Secretary, Election Commission of India, Nirvachan Sadan, Ashok Road, New Delhi Subject: General Election to Lok Sabha 1998 and certain Legislative Assemblies, 1998 -Requisition of Vehicle Payment of compensation in case of accident-Liability of insurance Sir, I am directed to refer to the Commission's letter No.4-98-JS-II/1 35 dated the 8th January, 1998 on the above subject and to enclose herewith a copy of O.M. No. 64 (7)-Ins.I/9 dated 24.2.98 of Ministry of Finance, Department of Economic Affairs, containing the requisite clarifications sought by the commission. Yours faithfully (Dr. D.B. Singh) Under Secretary to the Govt. of India Tel: 3359014

147

No. 64 (7) - Ins. I/98 Government of India, Ministry of Finance Department of Economic Affairs Insurance Division Lok Nayak Bhavan, Khan Market, New Delhi. OFFICE MEMORANDUM Dated - 24th Feb'98 Subject: General Election to Lok Sabha, 1998 and certain Legislative Assemblies, 1998 -Requisition of Vehicles - Payment of Compensation in case of accident Liability of Insurance The undersigned is directed to refer to the correspondence on the above subject resting with the OM. No. 7(2)/98-Leg.II dated 27th January, 1998 from the Ministry of Law. The matter has been examined in consultation with General Insurance Corporation of India. The following three situations may arise in respect of private vehicles requisitioned for election duty : (1)The vehicles so requisitioned may have been comprehensively insured, which is not compulsory. (2)The insurance cover may be against third party risk only, which is compulsory. (3)The vehicle may be uninsured in breach of provisions of section 146 of Motor vehicles Act. It may be pointed out that while revising the Motor Tariff in the year 1990, the standard exclusion regarding insurance company's liability during the period of requisition or commandeering by the Government for any purpose has been deleted from; the insurance policy and thus there is no need for the endorsement on the policy during the period of requisition. The Motor insurance policy which may be in force in respect of vehicles requisitioned for election duty need not be amended and only a notice to the concerned insurance company by the insured for the vehicle to the effect that the vehicle has been requisitioned will suffice. As regards vehicles falling under category (3) above, the Election Commission may ascertain the insurance status of the vehicles before election.

(Dr. D.C. Srivastava) DIRECTOR to Ministry of Law and Justice (Dr. D.B. Singh Under Secretary), Legislative Department. Shastri Bhavan, New Delhi

148

ITEM NO. 63 Election Commission letter No.3/1/2003/JS-II dated 13.11.2003 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: Conduct of Elections (Amendment) Rules, 2003 I am directed to refer to Commission's letter of even number dated 14th October, 2003 enclosing therewith a copy of the Election and other Related Laws (Amendment) Act, 2003 and to forward herewith a copy of the Conduct of Elections (Third Amendment) Rules, 2003, framed by the Govt. of India in pursuance of the amended provision of the Act. A copy of the Notification dated 10.11.2003, issued by the Ministry of Law and Justice under clause (a) of Explanation to Section 39A of Representation of the People Act, 1951 is also enclosed. 2.In terms of the new Rule 85D the Commission has specified that one copy of the electoral roll of the constituency concerned shall be supplied free of cost to the candidate of every recognized political party for a general election to the House of the People or Legislative Assembly of a State. The Commission has also specified the Returning Officer of the constituency concerned, as the officer through whom such copies shall be supplied to the candidates of recognized political parties. 3.At the current general elections to the Assemblies of Delhi, Chhattisgarh, Madhya Pradesh and Rajasthan, the Returning Officers shall supply copy of the electoral roll as specified above, within 7 days after the last date fixed for withdrawal of candidature at the election under proper acknowledgment of receipt from the candidate. 4.For all future general elections copy of the electoral roll shall be supplied within 3 days after last date of withdrawal of candidatures. 5.This may be brought to the notice of all District Election Officers/Returning Officers and other authorities concerned immediately. This may also be brought to the notice of all political parties based in your State. Kindly acknowledge receipt.

149

ITEM NO. 64 Election Commission’s letter No.3/ER/2004/JS-II, dated 09.03.2004 addressed to the Chief Electoral officers of, all States and Union territories Subject: - Affidavit to he filed by candidates alongwith nomination paper -modification of format in the light of Delhi High Court's order. I am directed to invite a reference to the order No. 3/ER/2003 JS-II, dated 2nd March. 2003. of the Commission, relating to right to information of electors regarding the background of the candidates. The Commission had prescribed a format in which the candidates are required to summit information about criminal background, assets, liabilities and educational qualifications. In item ( 3 ) ( a ) ( i i i ) relating to "government dues", it was mentioned that 'No Due Certificate" was to be enclosed in case of persons holding or having held public office. In view of representations from

various

received

individuals and departments regarding difficulty in obtaining the said

certificate, the Commission has decided that "No Due Certificate" is not required to be submitted alongwith the affidavit. In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India & Others), the Delhi High Court has directed on 1 st March. 2004 that information relating to government dues owed by candidates to the departments dealing with government accommodation, electricity, water, telephone, and transport (including aircrafts and helicopters) and any other dues, should be furnished by the candidates and this formation should be published by the election authorities under the Commission in at least two newspapers having local circulations for information of electors. Accordingly, the Commission has modified item (3) (a) (in) of the format of the affidavit, relating to “government dues". A copy of the revised format of the said item (13) (a) (iii) is enclosed. There is no change in any other item of the affidavit. The Commission has directed that the information furnished by the contesting candidates in relation to the dues to the departments mentioned above [in item (3) ( a ) ( i i i ) of the affidavit], should be published by the Returning Officers concerned in at least two newspapers having local circulation, one of which should be a vernacular news paper. This should be published by the Returning Officer within two days after preparing the list of contesting candidates. A format in which the Returning Officers may publish the information is also enclosed.

150

If there is more than one constituency in a District, the District Election Officer may publish the above information in a consolidated form in respect of all constituencies (constituency-wise) in that district, by suitably modifying the above-referred format. The above instructions may be immediately brought to the notice of all election authorities and political parties in your State. Kindly acknowledge receipt.

Revised format of item 3(a) (iii) of the affidavit prescribed vide Election Commission's order No.3/ER/2003/JS-II, dated 27th March, 2003. S.No. Description (iii)

Name and address of department

Government dues:( a ) dues to departments dealings with government accommodation (b) dues to departments dealing with supply of water

(c) dues to departments dealing with supply of electricity ( d ) dues to departments dealing with telephones (e) dues to departments dealing with government transport (including aircrafts and helicopters) (f) other dues. if any

151

Amount outstanding as on ......................................

152

Format in which the Returning Officer may publish the information relating to government dues (To be published in two newspapers having local circulation) General / Bye-Election to ______________________________from ___________________________________constituency Public Notice Information as furnished by the contesting candidates in their affidavits in respect of Government dues is hereby published for information of all electors:S. No. Name of Party affiliation, candidate if any

Government Supply of accommodation water

1.

2.

3.

other C Government dues, if any

Government dues to departments dealing with

4.

Supply of elements

5.

6.

Telephones Government transport (including aircrafts and helicopters) 7

8

9.

1. 2. 3. 4. 5. etc.

(Returning Officer for _______________________________constituency)

153

154

ITEM NO. 65 Election Commission’s letter No. 3/1/2004/J.S.II, dated 10.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Conduct of Elections (Amendment) Rules, 2003. I am directed to refer to Commission's letter of even number dated 13 th November 2003 on the above subject. In the above referred letter, the Commission has directed that one copy of the electoral roll shall be supplied, free of cost, to the candidates of every recognised political party for a general election to the House of the People or Legislative Assembly of a State, through the Returning Officer concerned. It was also directed that the copies should be supplied within three days after the last date of withdrawal of candidatures. These instructions may be brought to the notice of all the Returning Officers. It may also be brought to their notice that the polling station-wise sub-lists of CSVs who have appointed proxies, should also be supplied alongwith the copy of the electoral roll. Kindly acknowledge receipt.

155

ITEM NO. 66 Election Commission’s letter No. 3/ER/2004/J.S.II, dated 11.03.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: - Affidavit to be filed by candidates alongwith nomination paper modification of format in the light of Delhi High Court's order. I am directed to refer to Commission's letter of even number dated 9 th March, 2004 enclosing a revised format of item 3 (a) (iii) of the affidavit to be filed by candidates alongwith nomination paper. The heading of column 3 of the revised format of 3 (a) (iii) has been indicated only as "Name and address". This is a typographical error. The heading may be revised to read "Name and address of Department".

156

ITEM NO. 67 Election Commission’s letter No. 576/3/PTG/2004/J.S.II, dated 15.03.2004 addressed to the Chief Electoral Officer, Himachal Pradesh, Shimla and copies to Chief Electoral Officers of all other States and Union Territories. Subject: - Supply of Statutory and Non-Statutory Forms- regarding. I am directed to refer to your letter No. 3.13/2003-ELN, dated 10 th March. 2004 on the above subject and to state that the Commission had already forwarded to you a copy of the Conduct of Elections (Amendment) Rules 2002 whereby the Forms 2 A

IO

2E

appended to the Conduct of Elections Rules. 1961 were amended to provide for furnishing of information by candidates regarding their conviction, if any. for offences mentioned in Section 8 of the Representation of the People Act. 1951. In respect of Form 2A a new part namely Part IIIA has been inserted vide the Conduct of Elections (Amendment) Rules. 2002 referred to above. The Hindi version of the said Amendment Rules was also enclosed with the Commission's letter No. 3/4/2002/JS-II, dated 25th October 2002. You may therefore, prepare the Hindi version of Form 2A by inserting the new part IIIA at the appropriate place in the earlier Form. Similarly, Hindi versions of Forms 2C may also be prepared by incorporating the amendments mentioned in the Conduct of Elections (Amendment) Rules. 2002. An updated English version of Forms 2A and 2B have already been forwarded to you vide Commission's letter No.576/3/PTG/2004/JS-Il, dated 27lh January. 2004.

157

ITEM NO. 68 Election Commission’s letter No. 576/3/2004/J.S.II, dated 17.03.2004 addressed to the Chief Secretary to the Govt. of all States and Union Territories. Subject: - General elections to the House of the People and Legislative Assemblies -Protection of voting rights of electors subjected to preventive detention. I am directed to say that the Commission has announced, on 29 th February, General Election to the House of the People and some Legislative Assemblies. In this connection, your attention is invited to the following provisions of law relating to voting rights of electors subjected to preventive detention. (i) Proviso to Sub-Section (5) of Section 62 of Representation of the People Act.1951 Confers voting rights on the electors subjected to preventive detention. As per Rule 18 of Conduct of Elections Rules 1961 the electors on preventive detention are entitled to cast their votes by post. (ii) Rule 21(1) of Conduct of Elections Rules 1961 provides that the appropriate Government shall intimate to the Returning Officers, the names of the electors, if any, subjected to preventive detention together with their address, electoral roll numbers and places of detention, within fifteen days of calling an election. This will enable the Returning Officers to send postal ballot papers to such electors to facilitate them to exercise their franchise at the election. The above provisions of law have already been brought to your notice vide the Commission's letter No. 576/3/98/JS.II, dated 12th October, 1998 (copy enclosed). The Commission desires that instructions be issued to the concerned authorities to ensure that the provisions of Rule 21(1) of Conduct of Elections Rules. 1961 mentioned above are strictly complied with at the current elections and there is no ground for any grievance on account of non-compliance of the provisions of the said Rule. Kindly acknowledge receipt.

158

SECRETARIAT OF THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001, Dated 12-10-1998

No. 576/3/98/JS-II, To 1.

The Secretary to the Govt. of India, Ministry of Home Affairs, North Blocks, New Delhi

2.

The Chief Secretaries of all States/Union Territories.

Subs: - Protection of voting rights of electors subjected to preventive detention. I am directed to draw your attention to the subject of voting rights of electors subjected to preventive detention. 2.

Proviso of Sub-section (5) of Section 62 of Representation of the People Act,

1951 confers voting right on the electors subjected to preventive detention.

As per

Rule 18 of C.E. Rules, 1961, the electors on preventive detention are entitled to cast their votes by post. 3.

In this connection, your attention is invited to Rule 2l(l) of C.E. Rules, 1961

which provides that the appropriate Govt. shall intimate to the Returning Officers, the name of the electors, if any, subjected to preventive detention together with their addresses,

electoral roll numbers and the places of detention, within fifteen days of

calling an election. This will enable the Returning Officers to send postal ballot papers to such electors to facilitate the exercising of their franchise at title election. 4.

The Commission desires that instructions be issued to the concerned authorities

to ensure that the provisions of Rule 21 (1) of Conduct of Elections Rules, 1961 mentioned above are strictly complied with at future elections and there is no ground for any grievance on account of non-compliance of the provisions of the said Rule. 5.

Kindly acknowledge receipt. Yours faithfully, Sd./(K.J. RAO) SECRETARY

159

ITEM NO. 69 Election Commission’s letter No. 3/1/2004/J.S.II, dated 18.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Facilities of voting through proxy to Classified Service Voters Amendments in Conduct of Election Rules. 1961. In view of the provision of facility of voting through proxy made available to the Classified Service Voters and consequent amendments made in the Conduct of Election Rules. 1961. I am directed to inform you that the Commission has made the following consequent amendments in the format of Presiding Officer's Diary and also in the format of Report of Election by the Returning Officers viz: 1.

The Presiding Officer's diary has been amended by adding a new item numbered 13A as follows: "13A: No. of Proxy Voters who voted"

2.

The format of Report of Election by Returning Officers has been amended by adding a new item 14A which reads as follows: "14A: CSVs and Proxy Voters (a)Total No. of CSVs; (b)Number of Proxies who votes "

3.

The existing item 16 of the format for Returning Officers report has been reworded as follows: "Number of ordinary electors who voted at Polling Stations"

The above changes are already incorporated in the revised editions of Handbook for Returning Officers and Presiding Officers.

160

ITEM NO. 70 Election Commission’s letter No. 576/26/2004/PLN–I/136C/1361, dated 26.03.2004 addressed to the Chief Secretaries/Chief Electoral Officers of all the States and Union Territories Subject: - Requisition of vehicles for Election duties - Payments regarding I am directed to forward herewith a copy of a letter no. AITWA/2003-04/352 dated 25th March 2004 received from All India Transporters Welfare Association for your information and necessary action. 2.

In the current General Elections to the Lok Sabha. Only vehicles registered in

the concerned districts should be requisitioned and vehicles, which are in transit, whether loaded or empty, should be exempted from requisitioning. Similarly, only the minimum required number of vehicles should be requisitioned and any vehicle(s) found extra of the requirements should be released immediately

after making payment

for the detention period. It may please be ensured that no inconvenience is caused to the vehicle owners. 3.

You are also requested to revise the rates for the requisitioning of vehicles taking

into account the escalation of costs. 4.

I am also to request that payment for the requisitioned vehicles should be made to

the transport owners for performing elections duty immediately after completion of the election. 5.

Kindly acknowledge the receipt.

161

ITEM NO. 71 Election Commission’s letter No. 437/6/23/2004-PLN-III, dated 26.03.2004 addressed to the Chief Electoral Officers of all States & Union Territories. Subject: - Vehicles of World Health Organization - Polio Project - not to be requisitioned for election duty. I am directed to state that the World Health Organization has represented to the Commission that the District Administration is requisitioning the vehicles of World Health Organization-Polio Project vehicles for the purpose of utilizing them for elections. The Pulse-Polio vehicles are being used for campaign on 4th April. 9th May and 23r May 2004. Requisitioning of these vehicle upsets the campaign of World Health Organization which is committed to the eradication of Poliomyelitis. The Commission, after considering all the factors, has decided that the vehicles of World Health OrganizationPolio Project will be exempted from being requisitioned for election duties.

162

ITEM NO. 72 Election Commission’s letter No. 3/ER/2004/J.S.II, dated 01.04.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: - Affidavit to be filed by candidates alongwith nomination paper. I am directed to say that it has been brought to the notice of the Commission that in many cases, the affidavits filed by candidates alongwith the nomination paper are not properly filled up. As a consequence, the information that is required to be disseminated to the public remains incomplete, there by defeating the purpose for which such disclosures are made by contesting candidates. The Commission after taking into account all relevant factors has directed that: (i)

All entries in the affidavits (both in Form 26 and in the format prescribed by the Commission) should be preferably typed, or if hand written, the entries should be legible.

(ii)

No columns are to be left blank in the affidavits. If there is nothing to be shown against any particular item, either "NIL" or "NA" (to mean not applicable) should be mentioned.

(iii)

For the measurements in various items in the Part relating to assets, the locally used and accepted units of measurements should alone be given.

The Commission has already directed that copies of the affidavits will be made available freely and liberally to all candidates, media representatives etc. at the level of the Returning Officers, and the District Election Officers will compile all the affidavits in the constituencies within the district and supply them on demand, on payment basis. For uniformity and convenience, the Commission has prescribed Rs. 10/-as the fees for copy of one set of nomination paper and affidavits of a candidate. This fee may be obtained in cash, for convenience, against proper receipt etc. It may also be noted that copies of nomination papers, affidavits, and copies of counter affidavits etc., should be supplied on demand to any individual, political party, organisation, agencies etc. without any discrimination. This may be brought to the notice of all Returning Officers and District Election Officers.

163

ITEM NO. 73 Election Commission’s letter No. 576/3/2004/JS – II, dated 07.04.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - General Elections to the House of People and State Legislative Assemblies. 2004 - Facilities to be provided to the electors having physical disabilities - regarding. I am directed to draw your attention to the provisions of the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. 1995' and to the Commission's instructions, contained in its letter No. 576/3/98/JUD-lI, dated 19.01.1998 (reproduced as Item No. 75 at page 147 of the Compendium of Instructions on Conduct of Elections.. 2004 edition). Provisions have been made in the said Act that the persons with disabilities nave to be provided barrier-free facilities in public places. It has been brought to the notice of the Commission through various representations that physically handicapped electors face difficulties while going to polling stations for casting their votes. The Commission has directed that the instructions contained in us letter No 5~6 3 98 JUD – II, dated 19.01.1998, referred to above, should be scrupulously followed by all concerned and it should be ensured that all physically handicapped voters are able to exercise their franchise with least inconvenience. Facility should be provided to the physically handicapped persons to take their wheel-chairs inside the polling booth and wherever possible wooden ramps may be provided for this purpose As directed in the letter, dated 19.01.1998 physically handicapped persons should be allowed priority in entry in the polling stations ahead of others and arrangements should he made for such persons to form a separate queue . They should also be allowed the facility of companion to assist them, having regard to the provisions of rule 40 of the Conduct of Elections Rule-. 1961 The Commission has also directed that the District Election Officers must sensitize all personnel on polling duty about the special needs of the disabled. The personnel on polling duty should be courteous to the persons with disability and provide all necessary support to enable them to exercise their franchise with least inconvenience. The Commission desires that the persons with speech and hearing impairment should also be given special care as persons with other disabilities.

164

ITEM NO. 74 Election Commission's letter No.464/Inst/2004/PLN-I, dated 08.04.2004 addressed to Chief Electoral Officers of all States and Union Territories Subject General Elections, 2004 - Vehicles and Staff of All India Radio and Doordarshan - not to be requisitioned for election duty. I am directed to state that it has been brought to the notice of the Commission by Director All India Radio that staff and vehicles of AIR are being requisitioned for election duty during the aforesaid elections.

Taking into consideration the fact that AIR and Doordarshan are also involved in election related work, the Commission has decided that as far as possible the operational and technical staff and vehicles of the said departments shall not be requisitioned for election duty.

165

ITEM NO. 75 Election Commission’s letter No. 509/110/2004-JS.I, dated 21.04.2004 addressed to the Chief Secretaries of All States/Union Territories and the Chief Electoral Officers of all States/Union Territories. Subject: In the Supreme Court of India – WP (Civil) No. 187 of 2004 -Disabled Rights Group Vs. Chief Election Commissioner &. Anr. I am directed to forward herewith a copy of the order dated 19.4.2004 of the Hon'ble Supreme Court of India in the above cited matter for information and strict compliance. It may be noted that the Hon’ble Supreme Court has directed that the Chief Secretaries of the respective States (and UTs) should ensure, in coordination with the CEOs that as far as possible, ramps are provided in polling stations for the poll on 26th April, 2004. For the poll on 5th May and 10th May, the Hon'ble Court has directed that wooden ramps shall be compulsorily provided in polling stations at least in the cities and urban areas. Kindly acknowledge the receipt and confirm, action taken.

166

SUPREME COURT OF INDIA RECORD OT PROCEEDINGS Writ Petition (Civil) No.187 of 2004 DISABLED RIGHTS GROUP

Petitioner VERSUS

CHIEF ELECTION COMMISSIONER & ANR

Respondent

Date: 19/04/2C04 This Petition was called on for hearing today. CORAM: -

HON'BLE THE CHIET JUSTICE HON'BLE MR. JUSTICE S.B. SINHA HON'BLE MR. JUSTICE S.H. KAPADIA B y P ost Mr. H.N. Salve, Sr. Adv. (A.C.)

For Respondent (s) Mr. Soli J. Sorabjee, AG Mr. L. Nageawara Rao, ASG Mr . A. M axi arput haa, Adv . Ms. Aruna Mathur, Adv. Mr. P. Parmeswaran, Adv. For Election Commission

Mr. S. Muralidhar,Adv. Mr. A. Mariarputham, Adv. Ms. Aruna Mathur, Adv.

UPON hearing-3 counsel the Court made the following O R D E R We have heard Shri B.N. Salve, learned Amicus C uri ae, S hri S oli J. S or abjee, lear ned A tt or ney G e n e r a l , S h r i S M u r a l i d h a r , l e a r n e d c o u n s e l appearing for the Election Commission and Shri Javed Abidi, who is appearing in-person. With the agreement of the parties, we direct that the Chief Secretaries of the respective States shall ensure in coordination with the Chief Election O f f i c e r s o f t h o s e S t a t e s t h a t a s f a r a s p o s s i b l e wooden ramps are made available for the elections to b e h e l d o n 2 6 t h A p r i l , 2 0 0 4 . H o w e v e r , f o r t h e ele c ti ons t o be he ld on 5th and 10 th M ay, 20 04, w o o de n r am ps sh a l l be p r o v i d ed a t t h e p o l l in g s t a t i o n s s o a s t o e n a b l e t h e d i s a b l e d p e r s o n s t o easily reach the polling stations to cast their votes at least in the cities and urban areas. Rest of the prayer, prayed far, shall be considered subsequently. List after summer vacation Sd./( Alka Dudeja ) Court Master

Sd./(Janki Bhatia) Court Master

167

ITEM NO. 76 Election Commission’s letter No. 3/ER/2004/J.S.II, dated 24.04.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject:- Affidavit to be filed by candidates alongwith nomination papermodification of format in the light of Delhi High Court's order-regarding. I am directed to invite your attention to Commission's letter of even number dated 9th March, 2004 wherein the Commission, on the orders of the Delhi High Court, had directed that the information furnished by the contesting candidates in relation to the dues to the Government departments should be published by the Returning Officers/District Election Officers concerned. This information is to be published within 2 days after preparing the list of contesting candidates in at least 2 newspapers having local circulation, at least one of which should be a vernacular newspaper. A format for the publication of this information was also enclosed.

The Delhi High Court has now sought a compliance report in this regard. You are accordingly requested to collect the requisite information from all the Returning Officers in your state and send a consolidated compliance report in this regard. Two sample cuttings/clippings of the newspapers displaying the published information in respect of any two constituencies may also be forwarded to the Commission immediately.

168

ITEM NO. 77 Election Commission’s letter No. 576/3/2004/JS-II, dated 11.05.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - General Election to the House of the People, 2004 — violation of the provisions for maintenance of secrecy of voting -Instructions - Regarding. I am directed to forward herewith a copy of the Commission's Order dated 1 1 t h May, 2004 on the subject cited. The Commission's directions therein may be brought to the notice of all Returning Officers and other election related authorities for necessary action. Kindly acknowledge receipt.

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001. Dated 11th

No. 576/3/2004/J.S.II May, 2004. ORDER

Sub-rule (1) of Rule 49M of the Conduct of Elections Rules, 1961, provides that every elector who has been permitted to vote under rule 49L of the said Rules, shall maintain secrecy of vote within the polling station. As per sub-rule (6) of the said rule 49M, if an elector who has been permitted to vote, refuses after warning given by the Presiding Officer, to observe the procedure laid down in sub-rule (3) of the said rule, such elector shall not be allowed to vote. Certain instances of violation of the provisions of the aforesaid rule 49M, and recording of votes by the voters in Electronic Voting Machines in violation of the said provisions, have been brought to the notice of the Commission in the States of Bihar, Uttar Pradesh and Jammu& Kashmir at the poll taken for the current general election to the House of the People. The Commission has considered the matter. The Commission has noted that while the above-referred sub-rule (6) of rule 49M provides for disallowing an elector to cast vote if he violates the provisions for maintenance of secrecy of voting as laid down in the said rule, the rules are silent on the action to be taken in the case of vote recorded in the EVM in violation of the provisions of rule 49M. The Commission is of the view that this is a vacuous area in the Rules which needs to be covered by supplementary instructions of the Commission. Accordingly, the Commission has directed that if votes are recorded by electors in violation of the provisions for maintenance of secrecy of voting as laid down in rule 49M of the Conduct of Elections Rules, 1961, such votes should be invalidated, by reducing the vote, at the time of counting of the votes, from the tally of the candidate in

169

whose favour such vote has been cast. Such a provision would be consistent and with the provisions of sub-rule (6) of rule 49M which deals with the procedure to be followed in case of violation of the prescribed provisions prior to casting of vote.

170

ITEM NO. 78 Election Commission’s letter No. 3/ER/2004-JS-II, dated 02.06.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Commission's order dated 27.3.2003, regarding right to information of the electors about the background of candidates. I am directed to invite reference to the provisions of rule 4A of the Conduct of elections Rules. 1961, and the Commission's order cited above. In pursuance of the said rule 4A each candidate has to file an affidavit in Form 26 appended to the Conduct of Elections Rules 1961 and as per the Commission's order dated 27.3.2003 the candidates have to file a further affidavit about pending cases, their assets including that of their dependents their liabilities including dues to Govt. Departments, etc. and about their educational qualifications, in the format prescribed by the Commission. The Commission has received complaints that in many cases, the candidates do not give the correct information in the affidavits, especially in the part relating to the assets. In this context, it may be noted that Section 125A of the Representation of the People Act. 1951, deals with penal provisions for furnishing false information in the affidavit filed in terms of Section 33A, and Section 177 of Indian Penal Code contains penal provision for furnishing false information to a public servant in general. Under Section 195 of the Code of Criminal Procedure 1973, no Court shall take cognizance of any offence punishable under section 177 of the Indian Penal Code, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. In order to deal with cases of filing false information, the Commission has directed that where any complaint regarding furnishing of false information by any candidate is submitted by anyone, supported by some documentary evidence, the Returning Officers concerned should initiate action to prosecute the candidates concerned by filing formal complaints before the appropriate authority. Kindly acknowledge receipt.

171

ITEM NO. 79 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officer, Bihar Subject :

Preparation of District Communication Plan

Kindly refer to my letter no. PS/AK/2004 dated December 25, 2004 regarding preparation of District Communication Plan for the poll days by dovetailing all resources like public/private telephones/ Mobile phones /Wireless sets etc.

You are requested to inform all District Election Officers and Superintendents of Police that the District Communication Plan should be ready latest by the last day of nomination and put on trial run in presence of Observers five days prior to the day of poll.

The District Communication Plan should largely rely upon public and private telephones as mobile phones can be unpredictable.

These instructions may be brought to the notice of all DEOs, ROs and Observers immediately.

172

B. ELECTION MATERIAL

173

ITEM NO. 80 Election Commission’s letter No. 53/2/98-PLN-IV date 10.01.1998 addressed to Deputy Controller of Stamps, Nashik (Maharashtra). Subject: Printing of new design green paper seals - regarding I am directed to refer to your D.O. Letter No. 14899/F-9(Wt.), dated 8.1.1998 on the above subject and to state that the Commission will have no objection if the green paper seals in new design are printed with 4 prefixes and 6 digits (00AA000000) in place of 1 prefix and 7 digits (C0000000) as proposed by you provided the change in the numbering does not affect accountability at any stage. 2.

The supplies of green paper seals to the Chief Electoral Officers on receipt of indents

from them may be executed urgently and Commission may be intimated as soon as supply is completed.

174

ITEM NO. 81 Election Commission’s letter No. 54/2/99-PLN-IV date 07.04.1999 addressed to CEOs of all States and UTs. Subject: Quantum of reserve of Indelible Ink to be kept during Election period regarding I am directed to state that at present the quantum of reserve stock of indelible ink kept during the election period varies from State to State. The matter has been considered by the Commission. 2.The Commission has decided that the quantity of indelible ink to be kept at reserve stock may be restricted to a maximum of 10% of the actual requirement. The location to keep the reserve stock should as far as possible be District Headquarters but the Chief Electoral Officers may at their discretion decide the location and the quantity to be retained at each such location so long as the overall requirement of the State for reserves is within 10% of the projected total for each election event. 3.Kindly acknowledge the receipt of this letter.

175

ITEM NO. 82 Election Commission's D.O. letter No. 51/8/3/2004/PLN-IV, dated 20.01.2004 addressed by Shri A.N. Jha, Deputy Election Commissioner to the Chief Electoral Officers (By name) of all the States & UTs Subject : Use of Electronic Voting Machines in the General Elections, 2004. The Commission has decided to use Electronic Voting Machines in all States and Union Territories in the forthcoming general elections to the Parliament due in 2004. Electronic Voting Machines will also be used for elections to the State Legislative Assemblies of Andhra Pradesh, Maharashtra, Karnataka, Arunachal Pradesh and Sikkim whether held simultaneously or separately with the general elections to the Lok Sabha. Wherever simultaneous elections are being held, separate machines (i.e. separate Ballot Units and Control Units) will be used for the Lok Sabha and the Vidhan Sabha. 2.

You may immediately review the availability of machines after taking into account the

existing number of polling stations, likely additions by way of auxiliary polling stations and reserve machines for training, poll day and repoll. For reserve EVMs, the Commission has prescribed a benchmark ceiling of 12% of the total number of polling stations in the State. For calculating the reserve in respect of states where simultaneous elections are likely, the benchmark for reserve is to be 15% of the total number of polling stations (and not 15% of the total requirement for two polls). 3.

All states have been allocated machines on the basis of one model for each state.

Therefore, only one particular model will be used across all constituencies in the state (the exception is the state of Uttar Pradesh). For convenience, the Commission has segregated the models as follows: (i)

ECIL (O)

-

EVMs manufactured by ECIL in 1989

(ii)

BEL (O)

-

EVMs manufactured by BEL in 1989

(iii)

ECIL (N)

-

EVMs manufactured by ECIL in and after 1999

(iv)

BEL (N)

-

EVMs manufactured by BEL in and after 1999

It should be noted that there is no fundamental difference in the operation of the machines between the old model and the new model except in the size of the connecting chords. Therefore, it is necessary that only one make / model of the machines is used in one state during any election. Statements showing the state-wise model and current stock position of EVMs, the quota for GE-2004 and the additions to take place by way of shifting or new purchase are enclosed at Annexure-A, Annexure-B and AnnexureC respectively.

176

4.

The Commission has already issued detailed orders for shifting of machines from

surplus states to deficit states and for procurement of new machines by way of purchase from ECIL and BEL. The shifting of machines has to be completed in every respect by 15th February, 2004 and all CEOs should immediately start the process of arranging the shifting in consultation with their counterparts. The deadlines prescribed in the instructions are to be strictly adhered to and under no circumstances should you allow any spill over. Arrangements will also have to be made with ECIL / BEL to check and repair the machines immediately on their arrival in your state. As far as new machines are concerned, supply orders have been placed with the concerned firms and they have been directed to complete the supplies latest by 15th March, 2004. For receipt of the required quantities, the DEOs may be immediately galvanized, necessary road permits, sales tax, excise clearance, etc. obtained and the companies informed so that there are no delays in the delivery schedule laid down by the Commission. 5.

For states where elections have been held and where some machines were found

defective during poll or during counting, ECIL and BEL have agreed to undertake complete repair and replacement for these defective machines. You may segregate and bring these defective machines to the state headquarters for the required repairs/replacements and contact ECIL/BEL for repairs / replacements immediately. All repairs / replacements etc. should be completed latest by 15 th February, 2004. 6.

For handling of first level checks on the EVMs, workshops have to be conducted with

ECIL and BEL engineers at state level for which Chief Electoral Officers should prepare a list of technical personnel drawn from engineering departments / state corporations / ITIs, etc. so that for every constituency there are at least 4-5 locally trained hands available to handle first level checks. Both companies have already been addressed to keep ready teams for this purpose and you should contact them with a detailed programme for further action. 7.

It is important to start the training and awareness programmes for election officials,

political parties, general public and the media immediately. Most states have already used EVMs and they will be having the trained manpower. Where adequate trained manpower is not available, you may request states like Uttar Pradesh, Rajasthan, Madhya Pradesh, Tamil Nadu, Kerala, West Bengal, Mizoram and Delhi to make available the required trainers. The Commission will supplement the training by conducting state level workshops with senior election officials to acquaint them with the latest instructions and directions. An action plan for training should be drawn up to commence training of trainers from the first week of February, 2004 without fail. 8.

An assessment should also be made of the requirement of batteries to be used for

the elections as manufacture and supply of batteries required certain lead-time. The indent should be placed with ECIL or BEL latest by 31 st January, 2004. For training, used

177

batteries are to be used for which Chief Electoral Officers should contact their counterparts in states which had recently held elections to obtain used batteries. 9.

For any guidance or assistance on these matters you may kindly get in touch with the

Zonal Secretary in the Commission.

178

ANNEXURE A

ELECTION COMMISSION OF INDIA GE-2004-EVM ALLOCATION ECIL MACHINES STATES Andhra Pradesh Arunachal Pradesh Assam Chhattisgarh Goa Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Sikkim Tripura Uttaranchal West Bengal A & N Islands Dadra & Nagar Haveli Daman & Diu Lakshadweep Pondicherry

MAKE New Old Old New Old Old New New Old Old New New New New New Old New New Old Old Old Old Old

ANNEXURE A

ELECTION COMMISSION OF INDIA GE-2004-EVM ALLOCATION BEL MACHINES States Bihar Gujarat Haryana Himachal Pradesh Jammu & Kashmir Jharkhand Karnataka Rajasthan Tamil Nadu Uttar Pradesh Chandigarh NCT of Delhi

MAKE New New New New New New New New New Old New New New

179

180

ANNEXURE B

ELECTION COMMISSION OF INDIA GE-2004 -- STOCK DETAILS FOR EVMS NAME OF STATE/UT

NO. OF PLLLING STATIONS

REQUIREMEMENT FOR 2 POLLS

REQUIREMENT @12% RESERVE

QUOTA FOR GE2004

PRESENT STOCK

MAKE

SURPLUS / DEFICIT

RESIDUAL

MAKE

ADDITIONS BY TRANSFER/ PURCHASE

REMARKS

ECIL MACHINES States Andhra Pradesh Arunachal Pradesh Assam

56033 1741 18914

Chhattisgarh Goa Kerala Madhya Pradesh Maharashtra

15775 1043 20331 42277 62304

Manipur

8000 3500 25389

New purchase Transfer from UP Transfer from AP (2070), MP (6218), Mash (5100), OR (1001), KL (5000), WB (6000)

ECIL(O) ECIL(O)

18100

750

ECIL(N)

3652

Transfer from CHT (1100), MP (2000) plus new purchase (16000) Transfer from WB (3000), SK (300), CHT (352)

5

ECIL(O)

5

1001

ECIL(O)

56901

552 300

BEL(O) ECIL(O)

750

9000

ECIL(O)

118790 3691 21184

12000 4500 25000

67397 1000 2500

New Old Old

-52603 -3500 -22500

2070

ECIL(O)

17668 1168 22771 47350 132084

19000 1200 24000 57000 135000

20100 1549 33351 59440 115525

New Old Old New New

1100 349 9351 2440 -19475

352

ECIL(O)

7835 5100

2001

2241

3500

0

Old

-2750

Meghalaya Mizoram Nagaland Orissa

1582 810 1583 26250

1772 907 1773 55900

2500 1500 2250 56500

2495 1500 2250 1001

Old New New New

-5 0 0 -55499

Punjab Sikkim Tripura Uttaranchal West Bengal A & N Islands

15623 345 2367 6753 48768 327 129 87 40 557 325640

17498 1000 2651 7563 54620 366 144 97 45 624 511908

19230 1000 3500 9979 56000 450 150 102 80 800 543241

22832 450 3500 9979 42201 300 100 101 52 1000 388623

New New Old New New Old Old Old Old Old

3602 -550 0 0 -13799 -150 -50 -1 -28 200 -154618

Dadra & Nagar Haveli

Daman & Diu Lakshadweep Pondicherry Total

112066 3482

124608

52500

741

181

26965

14000 200 50 50 50 130647

Transfer from Bihar (1390), JKD (3111) and UP (30400) plus new purchase (22000) Transfer from Manipur (750)

New purchase (14000) Transfer from Pond (200) Transfer from Goa (50) Transfer from Goa (50) Transfer from Kerala (50)

ANNEXURE B

ELECTION COMMISSION OF INDIA GE-2004 -- STOCK DETAILS FOR EVMS NAME OF STATE/UT

NO. OF PLLLING STATIONS

REQUIREMEMENT FOR 2 POLLS

REQUIREMENT @12% RESERVE

QUOTA FOR GE2004

PRESENT STOCK

MAKE

SURPLUS / DEFICIT

RESIDUAL

MAKE

1390 1 2300 2675 1000 1125 3111 9534 1000 3467 30400

ECIL(N) BEL(O) BEL(O) BEL(O) BEL(O) BEL(O) ECIL(O) BEL(O)) BEL(O) BEL(O) ECIL(N)

3500 135 546 60184

ECIL(O)

ADDITIONS BY TRANSFER/ PURCHASE

REMARKS

BEL MACHINES States Bihar

49427

55358

65000

45475

New

Gujarat Haryana Himachal Pradesh Jammu & Kashmir Jharkhand Karnataka Rajasthan Tamil Nadu Uttar Pradesh

36684 12555 6232 7085 17289 39696 35689 54847 101678

41086 14062 6980 7935 19364 84156 39972 61429 11879

42000 16000 8000 10000 23000 85500 45000 62500 125000

47527 14520 8000 10000 3111 84579 50050 60913 52550

New New New New New New New New Old

-19525 0 5527 -1428 0 0 -19889 -921 5050 -1587 -72450

44479 Chandigarh NCT of Delhi Total

405 9008 370590

454 10089 454762

480 12487 464667

New New New

44479 -480 0

8000

12487 388216

182

20000 2000

New purchase (20000)

New purchase (2000)

25000 2000

New purchase (25000) New purchase (2000)

31232

Transfer from PB(552), HP(1000), J&K(1125), KN(9534), Delhi(546), HY(2657), GJ(2300), RJ(1000) plus new purchase (12500)

500 BEL(O) 80732

New purchase (500)

183

ANNEXURE C

ELECTION COMMISSION OF INDIA GE-2004-EVMS DETAILS OF SHIFTING/NEW PURCHASES A. ALLOCATION PLAN FOR ECIL STATES S.No.

From

To

1. 2. 3. 4. 5. 6.

Andhra Pradesh Madhya Pradesh Maharashtra Orissa Kerala West Bengal

Assam Assam Assam Assam Assam Assam

7. 8. 9. 10.

Uttar Pradesh West Bengal Chhattisgarh Sikkim

Arunachal Pradesh Manipur Manipur Manipur

11. 12.

Pondicherry Goa

13. 14. 15. 16. 17.

Goa Kerala Uttar Pradesh Bihar Jharkhand

Andaman &Nicobar Dadar & Nagar Haveli Daman & Diu Lakshadweep Orissa Orissa Orissa

18. 19.

Madhya Pradesh Chhattisgarh

Maharashtra Maharashtra

21.

Manipur

Sikkim

B. NEW PURCHASES Orissa Maharashtra Andhra Pradesh West Bengal Total

22000 16000 8000 14000 60000

184

No. of EV Ms to be shifted 2070 6218 5100 1001 5000 6000 (25389) 3500 3000 352 300 (3652) 200 50 50 50 30400 1390 3111 (34901) 2000 1100 (3100) 750

Make ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(O) ECIL(N) ECIL(N) ECIL(N) ECIL(N) ECIL(N) ECIL(N)

ANNEXURE C

ELECTION COMMISSION OF INDIA GE-2004-EVMS DETAILS OF SHIFTING/NEW PURCHASES A. SHIFTING PLAN FOR BEL STATES S.No. From To 1. 2. 3. 4. 5. 6. 7. 8.

Punjab Himachal Pradesh Jammu & Kashmir Karnataka Delhi Haryana Gujarat Rajasthan

B. NEW PURCHASES Bihar Uttar Pradesh Jharkhand Haryana Karnataka Chandigarh Total

Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh Uttar Pradesh

20000 12500 23000 2000 2000 500 60000

185

No. of EVMs to be shifted 552 1000 1125 9534 546 2675 2300 1000 (18732)

Make BEL(O) BEL(O) BEL(O) BEL(O) BEL(O) BEL(O) BEL(O) BEL(O)

ITEM NO. 83 Election Commission’s letter No. 51/8/2004-PLN-IV, dated 30.01.2004 addressed to M/s Sai Security Printers Ltd., C-40, Okhla Industrial Area, Phase-ll, New Delhi-110020 (Phone-9111-26383765, 26384295, 26387913 and Fax-26388571) and copies to Chief Electoral Officers of all States/UTs Subject: - Printing and supply of Outer Paper Strip Seals-regarding. I am directed to refer to your letter no. nil dated 17.01.2004 and to state that the Commission has approved the enhancement in the rate of Outer Paper Strip Seals from 28.01.2004. The price will now be Rs.390.00 (Three hundred and ninety only) per thousand seals inclusive of all charges. The Outer paper Strip Seals are to be printed and supplied as per existing specification. The Commission has also approved that the freight shall be paid by the consignee when the order is placed for less than 25000 seats.

186

ITEM NO. 84 Election Commission’s letter No. 51/3/2003PLN-IV, dated 30.01.2004 addressed to the Chief Electoral Officers of All States and Union Territories Subject: - Revised rates of the Arrow Cross Mark rubber stamps for marking the ballot papers. I am directed to state that the Commission had received request from M/s Ideal Cottage Industries, Jaipur, the approved supplier of Arrow Cross Mark rubber stamps in view of the increase in the cost of raw materials and labour charges. After taking into account all the factors the Commission has decided to revise the rates of the rubber stamps and the packing and forwarding charges as detailed below: Particulars of items

Existing rate

1. Arrow Cross Mark

Rs. 1802/-(per 1000 pieces) Rs. 1920/- (per 1000 pieces)

Rubber Stamps 2. when sent by Road/rail when sent by post/Air 3. Forwarding charges

Revised rate

I Rs. 45/Rs. 427/Rs. 50/Rs. 47/Rs. 29/- Minimum upto ten ; 31/- Minimum upto ten thousand thousand pieces and pieces and thereafter Rs. 5/- for thereafter Rs. 4/- for every every one thousand pieces. one ; thousand pieces.

The actual transportation charges/freight charges etc. will have to be borne by the consignee including sales tax as per rules. 2.

The revised rates mentioned above will be effective for all orders placed on the Firm on

or after 03.10.2003. 3.

The receipt of this letter may please be acknowledged.

187

ITEM NO. 85 Election Commission’s letter No. 51 /8/16^2004-PLN-IV, dated 03.02.2004 addressed to the Chief Electoral Officers of All States and Union Territories. Subject: - Service Tax @ 8% on Service charges-regarding. I am directed to state that following items have been brought under the Service Tax net :a) Installation and Commissioning; b) Repairs and Maintenance; c) Technical Testing and Analysis: Technical Inspection and Certification. As such, if manufacturing firms of EVMs are charging 8% Service Tax on Repair/Maintenance or Testing/Inspection, the same is payable.

I, therefore, request you to kindly process the bills accordingly. Kindly acknowledge receipt.

188

ITEM NO. 86 Election Commission’s letter No. 51/8/16/6/2004PLN-IV, dated 15.03.2004 the Chief Electoral Officer of all the States/ UTs. Subject: - General Election to Lok Sabha, 2004- Guidelines for use of Electronic Voting Machines. I am directed to forward herewith a copy of the guideline for use of Electronic Voting Machines in General Elections 2004 for your information and necessary action. The receipt of the letter may kindly be acknowledged.

FOR USE OF ELECTRONIC VOTING MACHINES IN GENERAL ELECTIONS 2004 Background The Representation of People Act, 1951 was amended by the R.P. (Amendment) Act, 1988, providing for use of voting machines. The relevant provisions of section 61A of the Act, are reproduced below. EXTRACT OF SECTION 61A OF THE R.P. ACT, 1951 “61 A. Voting machines at elections: - Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify. Explanation: - For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rule made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.” These provisions came into effect from 15th March, 1989 and provided necessary legal sanction for use of Electronic Voting Machines.

189

The conduct of Elections Rules, 1961, have also been suitably amended through a notification dated 24th March, 1992 and a new Chapter II in Part IV (rules 49A to 49X) has been inserted providing the procedure for use of EVMs. The Commission had brought out a series of publications for the use of EVMs which were used for the first time under the amended law during elections held in 1998 and subsequently in various other general/bye-elections to the Parliament and State Legislative Assemblies. These are listed below: 1. Hand Book for Returning Officers 2. Hand Book for Presiding Officers 3. Hand Book for Candidates 4. Hand Book for Polling Agents 5. Hand Book for Counting Agents 6. Manuals in the Operation of Electronic Voting Machines 7. Step-by-step Presentation on use of EVMs (separately for ECIL and BEL machines) These are being updated to incorporate all recent instructions and guidelines of the Commission and are required to be translated into local languages and printed in sufficient numbers for use by election officials, candidates and others. The manuals will be made available to you shortly for translation. Constituencies (where EVMs will be used during General Elections 2004) EVMs will be used in all 543 Lok Sabha Constituencies spread across the entire country as well as in the elections to State Assemblies held simultaneously along with the general elections to Lok Sabha and in bye-elections wherever due. The CEOs, DEOs and ROs shall thoroughly familiarize themselves with the Returning Officers' Hand Book (for EVMs) 2004 edition as well as Presiding Officers' Hand Book (for EVMs) 2004 edition. Voting Machines and Batteries Assessment of Requirement of Machines Each State will use only one model of machine - either BEL or ECIL. For convenience, the machines have been categorized as follows: - The total number of machines required in the State will have to be assessed carefully by each of the CEOs. On the basis of experience in using EVMs on previous occasions, it would be necessary to

190

keep a minimum of 12% reserve over the above the actual number required @ one EVM per polling station. In case there is any simultaneous poll in any Parliament and Assembly Constituencies, either on account of general elections, or bye-elections, it would be necessary to have two separate machines at each polling station in each such constituency. This aspect has to be taken into account while making the final assessment of the number of machines required. A few States will require additional machines to meet their full requirements and accordingly, the Commission has directed diversion of machines of the relevant make from one State to the other. The concerned CEOs have been given separate instructions in this regard. Wherever additional machines are to be provided to a State, the receiving State will pay for the packing, forwarding and transportation charges in full. The CEO receiving the machines will interact with the CEO who will spare the machines and work out complete details in advance. Adequate security arrangements should be made for the transportation of the machines, and the movement of the transport vehicles carrying the EVMs should be closely monitored with the help of the CEOs of the relevant States through which the vehicles are to pass. Checking of Machines Each CEO will 'arrange to check each and every machine available with him, or received from any other State by way of diversion. These machines have to be checked with the batteries of the new model and live test should be done to see that all the features and components of each machine are working properly. A proper methodology should be evolved by each CEO and a comprehensive record kept of such checking and the persons who are checking the same. A small sticker indicating the date of checking should be pasted on each machine after the checking is done. This should be locally arranged. A small seal of the DEO/RO should be stamped on the sticker for this purpose. The date of checking should also be indicated on the same. Considering the magnitude of the exercise, it may not be possible for the two manufacturers to provide their own technical staff for checking. Therefore, the Commission has suggested to them that they should interact with the CEO and find out State level Corporation/Agency, which has experience in handling of electronic equipments either in the manufacturing, or in the service functions. Engineers and technicians of these organisations can be trained by the manufacturers to check and service the EVMs. For

191

handling of first level checks on the EVMs, workshops have to be conducted with ECIL and BEL engineers at state level for which Chief Electoral Officers will prepare a list of technical personnel drawn from engineering departments / state corporations / ITls. etc. so that for every constituency there are at least 4-5 locally trained hands available to handle first level checks. For states where elections have been held and where some machines were found defective during poll or during counting, ECIL and BEL have agreed to undertake complete repair and replacement for these defective machines. Chief Electoral officers may segregate and bring these defective machines to the state headquarters for the required repairs/replacements immediately. All repairs / replacements etc. should be completed latest by 31st March, 2004. The fee to be paid to the manufacturers for checking of these machines as approved by the Commission is already available with the CEOs. Unique ID Number for Each Machine Each machine normally carries an ID Number provided by the manufacturers. During the checking process, it should be verified that the unique ID Number is available on each machine. If not, it should be ensured that such an ID Number is prominently displayed on each machine. This can be done by obtaining stickers from the manufacturers in advance. In addition, in each of the machines, this number should also be written by using permanent marker, which can be written on plastic surface. This would be written, both outside the machine and also inside. In the control unit, this can be written in the space between the labels for Result I and Result II. In the balloting unit, this can be written in backside of the cover on which ballot paper is fixed. Pairing of Control and Balloting units Each polling station is required to have one control unit and one balloting unit. In case the number of candidates is more than 16, additional balloting units would be required. In the current system, a maximum of 64 candidates can be accommodated by linking four balloting units to a single control unit. Consequent to the amendment of the R.P. Act, 1951 in 1996 and the increase in the amount of security deposit and in the number of proposers, the number of candidates per constituency has come down substantially. It is, therefore, unlikely that more than one balloting unit for polling station would be required to be used in any constituency. It is important to ensure that pairing of control units and balloting units is done properly and an account / record is kept of the same.

192

In large scale operation of utilizing of EVMs there may be stray cases of malfunctioning of some units during the poll process. In case only the balloting unit gives trouble, a new balloting unit can be fixed and connected to the original control unit. It may be noted that record of votes cast is kept in the control unit. In some cases where the control unit appears to malfunction, a new control unit can be utilized and the original balloting unit connected to the new control unit. It should be ensured that the new control unit has nil votes polled in it. The original control unit would retain the record of votes polled, till it is disconnected, and this should be immediately sealed as is normally done at the end of the poll. Similarly, the new control unit is also required to be sealed, before it is put to use, by following the same process as is done at the beginning of the poll. This aspect is highlighted for ready reference only. All comprehensive instructions are available in the Presiding Officer's Handbook which should be thoroughly studied by all concerned. Battery The Commission has approved both the manufacturers of the EVMs to supply the new type of the battery packs. The rate payable for each battery pack has also been approved by the Commission vide its letter No. 51/8/99-PLN-IV, dated 23rd June, 1999. A copy is enclosed for ready reference. The CEOs are required to place immediate orders for the required number of batteries for use in a particular election sufficiently in advance. They should also closely monitor the supply so that these batteries are available in good time before the elections. For actual polling fresh batteries have to be used in each machine without fail. Each battery pack will have a seal and once it is put to use, the sea! is broken and cannot be repaired. The RO has to take particular care at the time of preparing the machines for the poll that only fresh batteries are used and immediately thereafter the machine is sealed. The manufacturers have been directed to put a date stamp indicating the manufacturing date on each battery. A separate sticker will also be available on each battery. The RO before sealing the EVM for a particular poll can put a date stamp indicating a record of usage on this sticker.

193

Chief Electoral Officers will immediately make assessment of the requirement of batteries to be used for the elections as manufacture and supply of batteries required certain lead-time. The indent would have been placed with ECIL or BEL already. Reuse of batteries for training purposes The battery has a shelf life of 3 years and active life for 24 hours of continuous usage. Since the battery used for polling is generally used for only 8 hours, it can be used subsequently also. However, such used batteries are to be utilized only for purposes of training and demonstration only. It is reiterated that use batteries must not repeat must not be used for conduct of poll. For training and demonstration purposes, however, only the batteries already used on earlier occasions should normally be utilized so as to minimize expenditure. In the current round, the used batteries available with the CEOs of other States, if any, could be utilized. If these can be spared, fresh batteries should not be used for this purpose. Training, Demonstration and Awareness Campaign For successful introduction of EVMs and their large-scale utilization during the current elections, a comprehensive training and awareness campaign is to be organized well in advance. Target Groups The target groups for such campaign will include election officials, political! parties and candidates, voting public and the media. Separate strategies have to be adopted for each of these three separated target groups. Election Officials The election officials will include various groups like the CEO and the officers in the State headquarters' DEOs / ROs / AROs of Parliamentary Constituencies and Assembly Constituencies, Polling Personnel and Counting Personnel. Training for each group is to be specifically designed to cater to the requirements of their specific functions.

194

The supervisory officers have to get a thorough knowledge of all aspects of working of the machines as well as the management and operation of the electoral process while using EVMs. The polling and counting personnel while being given a general idea about the electoral process using EVMs should get a comprehensive and thorough coverage of the actual polling, or counting process, as the case may be. Content of Training and Methodology The content of training for the election officials will be related to the specific function they are expected to discharge. It is found from previous experience that training programme is not effective if the size of the training group is more than 100. Ideally, each group should not exceed 50 so that focussed and meaningful training can be provided. It is important to note that the objective of the training should be to provide a clear understanding and the practical orientation on the use of EVM for the Electoral Process. Therefore, in the first part of the programme, general features of the EVMs and their operation, as well as the conduct of election process by using EVMs should be covered. This can be done with the help of standard video, or film being screened followed by a general demonstration by experienced persons. This should be followed by a practical demonstration. For the latter adequate number of machines have to be available at the training venue. Separate tables with a set of machines, a pair of balloting unit and a control unit, should be available. Each table should have a table number prominently displayed. Trainees allocated to each table should not exceed four, but ideally group of two is desirable. Each such table should be supported by a person already trained and fully familiar with all aspects of the operation of the machines. Each trainee should get an opportunity of actually operating the machine and understanding its various parts and the way the different operations for conduct of elections using EVMs is taken up. After the practical demonstration, there should be a question answer session. It should be possible to have an interactive session. A suitable quiz can be designed to confirm the clarity in the understanding of various aspects covered during the presentation and the practical session.

195

Training The Trainers and Planning Advanced Training It would be clear from the above that detailed meticulous and advance planning would be necessary for organizing the training programme. First and foremost of these is training the trainers. While the senior officers of the State headquarters and the DEOs and ROs can be covered under these groups, their training has to be done with the help of the professionals from the manufacturers, officers of the Election Commission and senior officers who have already conducted elections using EVMs in the States of Rajasthan, Madhya Pradesh, Delhi, Goa, Uttar Pradesh, Uttranchal, Tamil Nadu, Pondicherry, Chhattisgarh, Mizoram, Meghalaya, Punjab, Jammu & Kashmir Himachal Pradesh, West Bengal, etc. Such training programme needs to be organized in two or three locations to cover the different regions in the State. Demonstration and Awareness Campaign This will mainly cover the political parties, candidates the voting public and the media. Of these, the programmes for political parties have to be organized sufficiently in advance so that all their key functionaries at the State, district and constituency level can be provided necessary familiarization in the use of EVM. While specifically highlighting the practical aspects, adequate opportunity for hands-on experience of operating machine is also to be provided. As soon as the nominations process is completed and the final list of contesting candidates is available, within a day or so. all contesting candidates must be specifically provided one comprehensive training on all aspects covering the use of EVMs. This would include specifically the provisions relating to sealing of the machines by RO, sealing at the polling stations and arrangements at the counting centres. As for the voting public, comprehensive arrangements for bringing awareness among them has to be planned in advance. Various modes for publicity may be utilized. Hoardings maybe put up at strategic locations. Posters, radio angles, TV quickies, both on the Doordarshan and cable TV, films and slides in cinema halls are to be utilized for this purpose. Suitable boards can also be fixed on public transport buses. In addition to the above, demonstration centres have to be set up for the public to be able to get an opportunity to operate the machines and to learn the process of recording the

196

vote through the EVM. A few demonstration centres at prominent locations may be made operational as early as possible. In addition to that, on Sundays and holidays a number of such demonstration centres maybe set up in strategic public places so that a large number of voting public can be covered by the programme of practical demonstration. All these have to be carefully and meticulously planned and executed. The States where machines are going to be used for the first time may take steps to obtain publicity and related materials used by the States which have already implemented the programme on earlier occasions. The Commission has separately taken steps to produce a short film on use of EVMs. These are being made available to the CEOs shortly. Text of presentation of a model material in English prepared by the Commission have already been made available to the CEOs. This should be suitably- modified and a presentation in the local language prepared for systematic coverage of all aspects of the EVM for the training programme of different groups. The CEOs should personally ensure that this is made with the highest professional standards with total priority and high communication efficiency. Handbills should be printed in sufficient numbers and distributed among the public. Informative posters on the actual operation may be prepared and pasted outside each polling station immediately before the polling day. This will help the voters waiting in queue to get a rough idea of the process in case they have not become aware of this earlier through the publicity campaign. Preparatory Actions for Conduct of Poll The basic preparations for conduct of poll would cover availability of machines, procurement of batteries, training and awareness campaign and printing of ballot papers. For the actual conduct of poll, individual machines, after fixing up the ballot paper, are required to be sealed. Similarly, the control units are also to be sealed. This is to be done by the Returning Officers. While the general instructions, in this regard, are contained in the relevant manual/handbook, it may also be ensured that the unique number identifying the machine is available in the label attached to the machine and is, in addition, written in permanent marker in each machine - control unit and ballot unit.

197

Adequate arrangements may be made for security of the machines which are stored after these are sealed. To take care of any problem during actual poll, a minimum of 10% of additional machines are to be kept in reserve. This should also be properly sealed and kept in reserve in advance. Ballot paper The design of the ballot paper for electronic voting machine is different from the normal ballot paper. The CEO and all the officers concerned should become familiar with the procedure from the relevant manuals/handbooks. Adequate care should be taken to ensure that these are printed and fixed on balloting unit under proper security arrangement. Day of Poll The polling stations may be grouped into units of 10 and a sector officer may be allotted the duty of supervision of the conduct of poll for each group. It should be his responsibility to ensure that any difficulty or problem faced in any polling station in the use of EVMs, is promptly attended to. Substitute voting machine - control unit/ballot unit, may be provided instantly through the sector officer. It is important that the start of poll is monitored very closely by each Returning Officer through the sector officers. Sector officers should visit each polling station of their sector starting from the farthest and coming to the nearest location and repeating the process in reverse throughout the day. The first hour of poll is important as the smooth start of poll and the voting through the EVMs in the first hour increases the level of confidence of the polling staff, voter as well as all others concerned. Suitable arrangements for collection and deposit of machines after the close of polls should be made as per detailed instructions contained in the Manual/Handbook. There are clear procedures prescribed for sealing of the machines by the ROs and the procedures to be followed by the Presiding Officers at the start of the poll and at the close of the poll in the polling station. It is important that these aspects are thoroughly covered in the training programme and a dress rehearsal, for this purpose, is conducted for the trainees. At these training rehearsals every Presiding Officers and his first polling officer should be compulsorily required to operate the machine, so that he gets thoroughly conversant with

198

its operation and does not fumble in the handling and operation of the machine at the polling station. Counting Arrangements The key feature of the counting through the EVM is that each control unit gives total number of votes recorded, and thereafter the number of votes received by each candidate. Obviously, the counting will therefore be for each polling station. In a few rare cases in which more than one machine has been used in a particular polling station, the total of both the machines has to be taken into account. The relevant version of Form 20 relative to booth-wise counting has to be utilized for this purpose. All the officers concerned should familiarize themselves thoroughly with the counting process as detailed in the relevant manuals/handbooks in advance. Checklists The CEOs may prepare suitable checklists for the ROs, for the Presiding Officers and for the Counting AROs/ROs. A sample checklist is enclosed for reference. This will help the different functionaries to carry out their functions without any omissions and commissions.

GENERAL ELECTIONS/BYE ELECTIONS 2004 CHECKSHEET REGARDING THE USE OF ELECTRONIC VOTING MACHINES A. ELECTION DETAILS 1.

Name of State

2.

SI. No. and name of constituency

3.

Nature of Election (General/Bye)

4.

Date of poll

B. CONSTITUENCY DETAILS 5.

Total number of polling stations

6.

Total electorate

7.

No of contesting candidates

199

C. MACHINES AND BATTERIES 8.

Total Number of EVMs put to use

9.

Number of EVMs kept as reserve

10.

Number of batteries procured

D. CHECKING OF EVMs 11.

Whether all EVMs, including reserve, have been got checked

12.

Who checked BEL/ECIL) Date of checking

13.

the

EVMs

(Engineers

of

14.

Serial number of checked EVMs failed during the Control units polling Balloting units

15.

Serial number of checked EVMs failed during Control units counting Balloting units

E. PREPARATION OF EVMs BY THE RETURNING OFFICER 16.

Date on which the EVMs were prepared

17.

When was the notice intimating the date, time and place of preparation of EVMs was given to the candidates

18.

How many candidates or their representative were present

19.

Details of complaints received

20.

Whether the register of allocation of EVMs to the polling stations was maintained

21.

How many days before the poll, the EVMs and other poll material distributed to polling stations

200

F. PUBLICITY ARRANGEMENTS 22.

How many demonstration centres have been opened for educating the public in the use of EVMs

23.

Supply two copies of the each of the posters/ pamphlets and any other material used to educate the voters, candidates and political parties

G. POLL DAY 24.

How many officials were deployed as Sector Officer to go around the polling stations on the date of poll

25.

Did the Sector Officers carry reserve EVMs to replace any defective EVM during the day of poll? If so, how many reserves EVMs were allotted to Sector Officers

26.

How many Control Units and Balloting Units were replaced during the mechanical failure or mishandling by polling officials

27.

In how many polling stations repoll was held

28.

Details of place where the EVMs were stored before the poll

29.

Details of Strong Room where the EVMs were shifted after the poll

30.

Details of counting Hall

31.

Details of the Strong Room where the EVMs were shifted after the counting was over

32.

Whether CRPF guards guarded the storage rooms of EVMs. If not, what security arrangements were made for safeguarding the machines

I. COMPLAINTS & SUGGESTIONS 33.

Details of complaints received by you regarding use of EVMs

34.

Suggestions, if any

201

Enclosures: Place Signature of Returning Officer Date SECRETARIAT OF THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, SHOKA ROAD, NEW DELHI-110001 Dated 23 06.1999

No. 51/8/99(P)-Vol.VIII, To

Sub:

1.

The Chairman cum Managing Director, Bharat Electronics Limited, Central Marketing Group, Core , 6th Floor, SCOPE COMPLEX, 7, Lodhi Road, New Delhi 110 001 (Fax No. 211 4364401)

2.

The Chairman cum Managing Director, Electronics Corporation of India Ltd., Instruments & Systems Division, M/4 and 5, Stuttee Building, Bank Street, Karol Bagh, New Delhi 110 005 (Fax No. 011 5723689)

Electronic Voting Machines— Price of Alkaline Battery - regarding.

I am directed to refer to BEL letter No.CM/003/051/01, dated 11.6.1999 and ECIL letter No. ECIL: ND: ISD: EVM:99 0/106, dated 10.6.1999 Ml on the subject cited and to state that the Commission has approved the price of Rs. 172/ (Rupees One hundred seventy "two) per unit of Alkaline Battery at destination inclusive of freight charges, Excise Duty and Sales Tax. 2. It may be ensured that the date of manufacture, expiry date etc. is given on each battery pack. A sticker may also be affixed with the words "Date of use" and space to fill in the date when the seal is opened and the battery is put to use. 3. You are further requested to ensure that each new unused battery will have a seal on it and in order to use the battery the seal is to be removed.

Yours faithfully, Sd./(K. AJAY KUMAR) UNDER SECRETAY Copy to the Chief Electoral Officers of all States and Union Territories for their information. Sd./(K. AJAY KUMAR) UNDER SECRETAY

202

ITEM NO. 87 Election Commission’s letter No. 53/2/2004-PLN-IV, dated 24.03.2004 addressed to the Chief Electoral Officers of all the States/UTs Subject: - General instruction- Green Paper Seals- regarding. I am directed to invite your attention to instructions contained in paras 16.2 & 16.4 of Chapter XIII of Hand Book for RO (EVM) (1998 Reprint 1999) wherein it is laid down that the green paper seal should be so fixed that its green surface is seen through the aperture from the outer side and that the Presiding officer should affix his signature in full immediately below the serial number of the paper seal. It shall be got signed by such of the candidate or their agents as are present and ere desirous of affixing their signatures. Keeping in view the fact that the serial number on the paper seal has been ' printed on the green side of the paper seal, it is clarified that signature(s) of the Presiding Officer and Polling agents may be taken on the white side of the paper seal as before and at the time of counting in the Counting Hall, the strip seal will be removed carefully in such a manner that while doing so the green paper seal is not damaged and the number and signature are intact. Please inform all observers, contesting candidates etc. in writing. Please acknowledge receipt and ensure compliance.

203

ITEM NO. 88 Election Commission’s letter No. 51/8/7/2004-PLN-IV, dated 05.04.2004 addressed to the Chief Electoral Officers of all the States/UTs Subject: - General Elections to the Lok Sabha, 2004-Simultaneous elections in Andhra Pradesh, Karnataka, Orissa and Sikkim Legislative Assemblies Preparation of EVMs. I am directed to say that the Commission has directed that the following steps may be followed in preparation and setting up of Electronic Voting Machines during the elections being held in your state:1.The EVMs should be stored in properly guarded strong room. RO should ensure that a system is in place whereby only authorised persons have access to the EVMs and a proper record of the persons entering and leaving the storage area for EVMs is being maintained. The strong room should have double locking system and one key of the strong room should be kept with one of the Observers and other key should be with the Returning Officer. 2.The Returning Officer shall ensure that intimation in writing is sent to all the contesting candidates well in time regarding the dates of preparation of Electronic Voting Machines. He shall ensure that the signatures of the contesting candidates or their authorised agents are put on the seal at the stage of preparation of machines etc. A proper record of the candidates or their authorised agents who have put their signatures and those who have not done so should be maintained. 3.The Returning Officer shall test the machines for correct setting through an exercise similar to the mock poll in the presence of candidates or their authorised representatives. 4.The District Election Officers shall make random selection of EVMs for allocation to polling parties in every assembly segment within the Parliamentary Constituency. 5.The Presiding Officers should give the unique numbers of EVMs used at a polling station to the polling agents. 6.The Presiding Officers should obtain the signature of candidates or their agents at the polling stations and keep the record of the same. 7.After the poll is over and the presiding officers seal the EVMs, the candidates or their agents should be allowed to follow the vehicles carrying the EVMs to storage centres. 8.Immediately after the EVMs are received back from the polling stations and stored in the strong room, the room should be locked and sealed forthwith. The candidates,

204

their election agents or authorised representatives may be permitted to affix their seals on the doors and windows of the storage place. If any of the candidates so desires. He may be permitted to post an agent to keep a watch over the room where the machines are stored pending the counting of votes. The instructions given in para 52, Chapter XIII of the hand book for Returning Officers 2004 (EVMs) and instructions issued vide letter no. 51/8/2001 Pin-IV dated 3.12.2001 regarding sealing of the result section of the control unit of EVMs with strip seals by P.O. at the polling stations should be followed scrupulously. 9.In the States where simultaneous elections to the State Legislative Assemblies/byeelections are being held, similar procedure will be followed by the Returning Officer of the Assembly Constituencies in preparation and storage of EVMs. 10.EVMs used for training are to be taken back and stored separately. The above instructions may be brought to the notice of all the Returning Officers. Presiding Officers and Observers immediately. The receipt of the letter may kindly be acknowledged.

205

ITEM NO. 89 Election Commission’s letter No. 464/OBS/EVM/2004, dated 12.04.2004, addressed to the Chief Electoral Officers of All States and Union Territories and all Observers/Special Observers (through the CEO, DEO) Sub: - General Elections - 2004 - Security Measures for Electronic Voting Machines -regarding. I am directed forward herewith the instructions relating to security measures for Electronic Voting Machines to be used for the General Elections 2004. These instructions have been prepared from the point of view of strategy for ensuring the security and safety of Electronic Voting Machines. The district administration, particularly the Collector Deputy Commissioner, who is also the District Election Officer, should make themselves thorough with these security measures so that, the instructions are complied with in letter and spirit. Needless to add any laxity in implementing these measures will be viewed seriously by the Commission. Kindly ensure delivery of these instructions to ail Observers Special Observers appointed for your state, the District Election Officers and acknowledge receipt.

206

GENERAL ELECTIONS - 2004 Security Measures for EVMs Standard Security measures: (i)

Guard the storage centres with Armed Police of at least section strength.

(ii)

Systems of double lock from the day the Observers arrive.

(iii)

One key kept with District Election Officer (DEO): another with Observer

(iv)

Register for movement inside the campus where EVMs stored.

(v)

Register for movement inside the store rooms.

(vi)

Arrangements for storage at counting centres as per standing instruction. except that Armed Police will have to guard the locations.

(vii)

DEOs/SPs personally responsible for any lapse in arrangement and security

(viii)

Storage Room for EVMs shall be waterproof from all sides in such way that no dampness can cause harm to EVMs either from ram or from accumulated water around such storage room.

Pre-Poll The Observers deputed by the Commission on their arrival in the district shall inspect along with the DEO the storage centre in the district for the EVMs and randomly check the stock register with the stock stored. Thereafter, the storage center will be sealed by the Observer and the DEO with double locks. The keys of one lock will be kept with the Observer and the keys of the second lock shall be kept with the DEO. (The arrangements amongst Observers for holding the key will be worked out mutually amongst themselves and his name shall be communicated to the Zonal Secretary in the Commission. Ordinarily the senior-most Observer shall take this responsibility.) Note: For polling to be held on April 20, 2004 and April 22, 2004 the Observers should immediately take stock of the EVMs and check the storage centers, if not already done. To streamline the security of these EVMs following measures are to be taken: (i)

Detailed log of machines indicating the numbers of balloting and control units to be prepared.

(ii)

Test check report to be entered in log book.

(iii)

Machines requiring repair (i.e. opening of either control or balloting unit) will be segregated and their details kept,

(iv)

For such repaired machines where either the control unit or the balloting unit have been opened proper entry will be made in log book specifying the repairs done and part(s) replaced,

207

(v)

Only the technicians from ECIL/BEL will work on the machines and keep a record of repairs carried out.

(vi)

No outsiders will be allowed inside the storage centres,

(vii)

The machines that have undergone repairs will be kept aside and trial tests carried out on them before using them.

(viii)

After complete checking, the machines will be placed under double lock with the seals of the DEO and the Observer special!} deployed for the purpose.

Preparation for the Poll •

The machines will be prepared for poll by the ROs in this phase after the finalization of list of candidates.



Preparation of machines to be done strictly as per the guidelines and in the presence of Observers.



Observers shall ensure that representatives of political parties candidates wherever required are present. DEOs and ROs will be responsible in case of failure to involve political parties candidates and the Observer Special Observer will keep the Commission informed of any such lapse on part of the DEO/RO.



Machines after preparation shall be kept in storage centres/dispersal centres.



The prepared EVMs shall ordinarily be kept under double-lock at the dispersal centers.



In cases where these have to be transported to other locations outside the district headquarters where dispersal of polling parties have been arranged, the DEO shall apprise the Observer and keep him informed of the movement plan. At such locations one Observer will invariably be responsible for checking the storage facilities, security aspects and the general plan for dispersal of polling parties. As per standard instructions referred to above, the EVMs at such places will also be kept under a double-lock arrangement with one key with the Observer and the other with the DEO or the RO as the case may be. Armed security of at least a section strength shall be posted at all such dispersal centers.



Detailed plan for distribution of EVMs will be prepared by the DEO and the Observer will closely monitor the distribution.



Machines used for training will not be used for poll. All such machines will be segregated and stored in a separate room under double lock.



Zonal Magistrates and Area Officers who are given EVMs from reserve stock will maintain a register where the particulars of balloting units (BU) and control units (CU) issued are mentioned and a receipt shall be obtained from them. At the end of poll these machines w i l l be received at a separate counter and tallied with the issue register for such machines.

208



Zonal Magistrates, Area Officers should visit every polling station their jurisdiction as many times as possible on the poll day.



In cases where the Zonal Magistrate Area Magistrate has replaced any unit at the polling station due to some defect or malfunction, he shall keep a record of it in the above said Register and inform the receipt desk at the end of poll. The information furnished by the Zonal Magistrate/Area Magistrate shall be tallied w i t h the Presiding Officer's diary by the RO and the Observer



The unused BUs and CUs returned by me Zonal Magistrate. Area Magistrates will be stored separately in a room other than the strong room where polled EVMs are kept and the Observers will keep a key of this room1 in his custody.

Post-poll arrangements: •

After poll, the machines are kept in strong rooms at the counting centres for which detailed instructions already exist. These are to be followed strictly.



Armed Police will guard all counting centers without any exception.



Necessary fire fighting equipments shall also be installed around all Strong room to meet any exigency.

209

ITEM NO. 90 Election Commission’s letter No. 51/8/5/2004 PLN-IV, dated 22.04.2004 addressed to the Chief Electoral Officers of Alf the States/ UTs. [Later it was informed to all CEOs vide Commission’s letter No. 51/8/5/2004 PLN-IV, dated 4th May 2004 (Item No.92) that Auxiliary Display Unit that has been devised by the EVM producing Companies for retrieving memory of Control Unit in case display of Control Unit fails, are not compatible to the 198990 model of EVMs of both Bharat Electronics Limited and Electronics Corporation of India Limited make].

Subject: - Electronic Voting Machines-Auxiliary Display Units. M/s Bharat Electronics Limited and M/s Electronics Corporation of India Limited have manufactured Auxiliary Display Units for the Electronic Voting Machines. These Auxiliary Display Units will be used at the/time of counting of votes, in case any control unit fails to function; to retrieve the memory in control units of Electronic Voting Machines. The Commission has supplied the requisite number of Auxiliary Display Units (ADU) for use in yours State during the current elections. The following guidelines may be followed in the use of ADUs. i.

A master stock register may be maintained in the office of Chief Electoral Officer to note down the distribution of ADUs to various District Election Officers.

ii.

Each District Election Officer may be supplied two ADUs for use during the .counting of votes. These ADUs shall be kept under the personal custody of District Election Officer and will remain the property of the Commission.

iii.

In the case of States were the counting of votes is taken up at different locations, the District Election Officer shall make suitable arrangements for safe custody and return of ADUs from the Returning Officers.

i v.

Th e AD Us w ill be us e d onl y under t he s upe rv i s ion of a n engineer/technician of either ECIL or BEL who is available at the time of counting of votes. Under no circumstances these ADUs would be handled by any other person.

v.

The ADUs will be used only in the presence of all contesting candidates or their agents after the normal counting for all polling stations is complete and the defective control units are segregated and are to be counted.

vi.

After the counting is over the District Election Officer shall submit a report to the Commission detailing the particulars of defective EVMs and use of ADUs for obtaining the result.

vii.

At the time of inspection of EVMs these ADUs should also be inspected and verified to ensure that they are in proper condition.

210

The receipt of the letter may kindly be acknowledged.

211

ITEM NO. 91 Election Commission’s letter No. 51/8/2/2004 PLN-IV, dated 23.04.2004 addressed to the Chief Electoral Officers of All the States/UTs Subject: - Supply of additional Power Pack for EVMs to Polling Parties-reg. I am directed to state that clarifications are being sought regarding supply of additional Power Pack to Polling Parties specially in remote areas. Following guidelines are being issued for compliance. 1.No additional power pack (battery) should be supplied to the polling parties. 2.In order to manage unforeseen situations of malfunctioning of machines, the standard arrangement is to provide an alternative machine at the earliest. For this purpose, Sector Officers, in-charge of a group of Polling Stations are expected to do the needful by providing spare machines to the Polling Stations where such a problem arises. 3.The malfunctioning may be due to battery level being low or any other reasons as already stressed during training. Before coming to conclusion, the machine's connection between ballot unit and control unit be thoroughly checked. If it is found that the machine is actually malfunctioning for whatever reason, the steps indicated in the above paragraph are to be followed. 4.It may be noted that in case the machine malfunctions after some votes have already been recorded and a new machine is provided for continuing the voting process, the machines initially used should be properly sealed by recording the total number of votes polled in the first machine and the information, should be recorded clearly in the Presiding Officer's diary. Details of the number of machines used and their Unique Serial Numbers are also to be noted. 5.For remote locations, adequate planning is to be made in advance for meeting such contingencies by allotting spare machines with the Sector Officer within reasonable distance. Therefore, in such cases, a smaller group of Polling Stations can be put in charge of the Sector Officer. 6.In the worst case, if no spare machine can be provided to the Polling Station in time to continue the poll and complete it on the poll date, a re- poll with a new machine can be arranged. Such cases should be promptly reported to the Commission and a formal permission for conducting the re-poll should be obtained in time by the Returning Officer. 7.The receipt of the letter may kindly be acknowledged by return fax.

212

ITEM NO. 92 Election Commission’s letter No. 51/8/5/2004 PLN-IV, dated 04.05.2004 addressed to the Chief Electoral Officers of All the States and Union Territories. Subject: - Electronic Voting Machines - Auxiliary Display Units. I am directed to refer to Commission's letter of even no. dated 22.4.2004 on the above mentioned subject and to state that the Auxiliary Display Unit that has been devised by the EVM producing Companies for retrieving memory of Control Unit in case display of Control Unit fails, are not compatible to the 1989-90 model of EVMs of both Bharat Electronics Limited and Electronics Corporation of India Limited make. This may kindly be brought to the notice of all concerned. The receipt of the letter may kindly be acknowledged.

213

ITEM NO. 93 Election Commission’s letter No. 51/8/16/8/2004/PLN-IV, dated 25.05.2004 addressed to the Chief Electoral Officers of all the States and Union Territories. Sub: - General Elections to I.ok Sabha, 2004 - Evaluation of Electronic Voting Machines. During the General Elections to Lok Sabha, 2004 and simultaneous elections to State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim, Electronic Voting Machines were used in all the Parliamentary and Assembly Constituencies. The Commission had utilized nearly 10.75 lakh EVMs for the conduct of this exercise. The Commission has now decided to evaluate the overall performance of the EVMs in order to take necessary corrective steps that are required to stabilize the system for all future elections. 2.

The evaluation has been designed with two basic inputs - (i) a general evaluation

from the DEOs and ROs highlighting the various details commencing from the receipt of the machines in the district to the final stage of poll and counting of votes, and (ii) specific evaluation of the types of failure that took place during the conduct of elections. (i)

General Evaluation The Commission has directed all the District Election Officers (DEOs) to make

available a general evaluation of the EVMs in respect of the Parliamentary / Assembly Constituency falling within their district in Proforma-'A' attached to this letter. The DEOs are expected to fill in the details keeping in view the records maintained by them. It is to be noted that all columns are to be filled and vague terminology should not be used. (ii)

Specific Instances of Failure of EVMs The Commission has directed the DEOs/ROs to provide specific cases of failure of

EVMs in the Proforma -‘B' attached to this letter. The proforma has been categorized into three parts (i)

EVMs replaced at the commencement of poll.

(ii)

EVMs replaced during the poll, and

(iii)

EVM failure during counting of votes.

The details of all such cases, polling station-wise, indicating number of Balloting Units (BU) and Control Units (CU) alongwith reasons in detail should be mentioned in the

214

proforma. The reasons should not be in vague terms but elaborate the specific problems reported in respect of each case. It should also be mentioned in the column for "Reasons" whether the Engineers/Technicians of ECIL/BEL scrutinized the problem and if yes, the reports given by them should be attached. 3.

For convenience, the templates for both proformae ‘A' and 'B' have been provided in

electronic form (sent to you by e-mail). All DEOs/ROs should be forwarded the templates and directed to utilize only the templates provided for transmitting the information to the Commission. [The templates have been provided with the facility of "Text Wrap" so that the relevant information pertaining to each case can be captured adequately in the report itself.] In respect of Proforma-'B', the DEOs and ROs should use continuation sheets as provided again in the template for giving full details of such cases of failure of EVMs. 4. The Commission has directed all CEOs to consolidate the information from respective DEOs / ROs latest by 15th June, 2004 and send it to the Commission so as to reach Shri K.N. Bhar, Under Secretary (Planning) (e-mail: [email protected]) latest by 20th June, 2004. All CEOs are requested to ensure that the required information is made available by the appointed date to the Commission in every respect. 5.

Kindly acknowledge receipt. PROFORMA -A

215

ELECTION COMMISSION OF INDIA GENERAL ELECTIONS-2004 : EVALUATION OF ELECTRONIC VOTING MACHINES (EVMs) A. ELECTION DETAILS 1.

Name of State

2.

Name of the District:

3.

SI. No. and name of Parliamentary Constituency

4.

SI. No. and name of Assembly Constituencies

5.

Date of poll

B. CONSTITUENCY DETAILS (Cumulative for the District) 6.

Total number of polling stations

7.

Total electorate

8.

No of contesting candidates

C. MACHINES AND BATTERIES 9.

Total Number of EVMs put to use in poll

10.

Total Number of EVMs put to use in re-poll etc.

11.

Number of EVMs kept as reserve

12.

Number of EVMs used for training

13.

Number of batteries procured

D. CHECKING OF EVMs 14. 15.

Whether all EVMs, including reserve, were checked Who checked the EVMs (Engineers of BEL/ECIL)

16.

Date of commencement of checking

216

17.

Date of completion 01 checking

E. PREPARATION OF EVMs BY THE RETURNING OFFICER 18.

Dates on which the EVMs were prepared

19.

When was the notice intimating the date, time and place of preparation of EVMs given to the candidates How many candidates or their representatives were present

20.

21.

Details of complaints received

22.

Whether the register of allocation of EVMs to the polling stations was maintained

23.

How many days before the poll, the EVMs and other poll material distributed to polling stations.

24.

If EVMs distributed separately from the other material, the date and tune on which this was done.

F. TRAINING ARRANGEMENTS 25.

When was training started for: a) RO/ARO b) Trainers c) Presiding officers d) Polling Officers

26.

Number of rounds of training sessions organized for: a) Trainers b) Presiding officers c) Polling Officers

27.

Whether all polling personnel given hands-on training? If no. the number of such personnel receiving hands-on training.

G. PUBLICITY ARRANGEMENTS 28.

How many demonstration centres were opened for educating the public in the use of EVMs?

29.

Whether copies of the each of the posters, pamphlets and any other material used to educate the voters, candidates and political parties displayed?

217

30.

Whether training films "Kahani EVM Lal Ki" etc. supplied by the Election Commission shown through electronic media'.' If yes, the number of occasions these were shown and on what media.

31.

Whether any training and awareness material developed locally? If yes, please enclose samples.

32.

Suggestions for improving the awareness and publicity campaigns

H. POLL DAY 33.

34.

How many officials were deployed as Sector Officer to go around the polling stations on the date of poll? Did the Sector Officers carry reserve EVMs to replace any defective EVM during the day of poll? if so, how many reserves EVMs were allotted to Sector Officers

35.

How many Control Units and Balloting Units were replaced during the mechanical failure or mishandling by polling officials

36.

In how many polling stations re-poll was held on account of failure of EVMs

37.

Serial number of checked EVMs failed at the commencement of polling (Note: This should tally with the information furnished in proforma B)

Control units

Serial number of checked EVMs failed during the polling (Note: This should tally with the information furnished in proforma B)

Control units

38.

39.

40.

Serial number if checked EVMs failed during the counting (Note: This should tally with the information furnished in proforma B) Serial number of EVMs damaged during poll on account of booth-capturing etc.

Balloting units

Balloting units

Balloting units Control units Balloting units

I. COMPLAINTS & SUGGESTIONS 41.

Details of complaints regarding use of EVMs received by you or reported in the press

218

42.

Suggestions, if any

Enclosures: Place: Date:

District Election Officer/ Returning Officer

219

PROFORMA B

ELECTIONIC COMMISSION OF INDIA GENERAL ELECTIONS 2004 - EVALUATION OF ELECTRONIC VOTING MACHINES (EVMs) State: Name Of District: No. & Name of Parliamentary Constituency: No. & Name of EVMs replaced at the commencement Assembly Constituency of poll

1

EVMs replaced during the poll

EVM Failure during Counting of Votes

Polling Station No.

BU/CU Number

Reason

polling station No.

BU/CU Number

Reason

Polling Station No.

BU/CU Number

Reason

2

3

4

5

6

7

8

9

10

(Returning Officer)

(District Election Officer)

220

CONTINUATION SHEET -1 State:

PROFORMA -B

Name Of District: No. & Name of Parliamentary Constituency: No. & Name of EVMs replaced at the commencement Assembly Constituency of poll Polling Station No. 1

2

BU/C U Numb er 3

EVMs replaced during the poll

EVM Failure during Counting of Votes

Reason

Polling station No.

BU/CU Number

Reason

Polling Station No.

BU/CU Number

Reason

4

5

6

7

8

9

10

(Returning Officer)

(District Election Officer)

221

ITEM NO. 94 Election Commission’s letter No. 51/8/misc./2004 PLN-IV, dated 13.08.2004 addressed to the Chairman-cum-Managing Director, Electronics Corporation of India Limited, Hyderabad, Andhra Pradesh and the Chairman-Cum-Managing Director, Bharat Electronics Limited, Bangalore, Karnataka. Subject: - Request for supply of EVM-regarding. I am directed to state that the Secretary General of Commonwealth has shown keen interest in the EVMs manufactured by your company because of the way it has been successfully used in the recently concluded General Election to Lok Sabha, 2004 throughout the country. On the request of Commonwealth Secretariat, the Election Commission of India has decided to gift one EVM each produced by M/s ECIL and M/s BEL. You are, therefore, requested to dispatch the same with two spare batteries, user manual and literature containing technical details. It should be indicated in your letter forwarding the EVM to Commonwealth Secretariat that in accordance with the decision of Election Commission of India one EVM is being gifted by you alongwith technical details with following stipulation i)

The EVM shall not be used in any election.

ii)

It shall be ensured that the design, circuiting etc. of these machines are not copied as these are protected under 'Intellectual Property Right'. I am also to state that if you are not in a position to gift the EVM as requested above,

the same may, immediately be dispatched to Commonwealth Secretariat and necessary bills in this regard may be furnished to the Commission. The address where EVM is to be sent is as below:

Christopher Child Deputy Director and Head of the Democracy Section Political Affairs Division Commonwealth Secretariat Marlborough House Pall Mall, London, UK

222

ITEM NO. 95 Election Commission’s letter No. 51/8/16/8/2004/PLN-IV, dated 23.08.2004 addressed to the Chief Electoral Officers of all the States and Union Territories and copied to Chairman-cum Managing Director, M/s Bharat Electronics Limited, Nagaura (Outer Ring Road), Bangalore, Karnataka and Chairman-cum-Managing Director, M/s Bharat Electronics Corporation of India Limited, Hyderabad, Andhra Pradesh Sub: General Elections to Lok Sabha, 2004 - Evaluation of Electronic Voting Machines. Kindly refer to Commission's letter of even number, dated May 25. 2004 on the above subject calling for information on the defective EVMs found during the just concluded elections to the Lok Sabha and some state assemblies. The Commission has reviewed the information furnished by you and has directed the following action to be taken immediately: (i)

The defective machines stored at the level of DEO/RO will be taken out and segregated into three categories, namely, (A)EVMs replaced prior to/or at the commencement of poll. (B)EVMs replaced during the poll, and (C)EVM failure during the counting of votes (It may be noted that EVM would mean the Control Unit and/or the Balloting Unit attached to the Control Unit and reported in the proforma submitted to the Election Commission).

(ii)

The EVMs thus segregated by each DEO/RO will be placed in separate sealed trunks and each trunk will be marked by a sticker showing the name of the district, the Parliamentary/Assembly Constituency in which it was used, the date of poll, the category to which the machine belongs (i.e. either (A). (B) or (C) as mentioned above), and Control Unit / Balloting Unit numbers.

(iii)

These machines will be brought on or before 1st September, 2004 without fail to the state headquarters or any such central location within the state and details intimated to the Commission and the ECIL or BEL. In case these are brought to the state headquarters, the custody of such EVMs will be with the CEO and in case these are taken to some other central location, the custody of such EVMs will be with the DEO of that location.

(iv)

M/s. ECIL and BEL will be intimated forthwith by the CEO about the collection of such defective machines and they will be requested to send their Engineers for checking and testing of the defective machines in order to ascertain the cause of failure.

223

(v)

The Commission has laid special emphasis on EVMs that failed during the counting of votes and all CEOs and DEOs are directed to ensure that such machines are segregated and transported to the central location well before 1"' September, 2004.

(vi)

M/s. ECIL and BEL have been directed to complete the diagnostic tests of machines found defective during counting latest by 10th September, 2004 and. therefore, it is essential that all co-operation and assistance is provided to them by all concerned.

(vii)

For the remaining machines falling in category (A) and (B), the diagnostic tests will be carried out even after 10th September. 2004 and CEOs are to ensure that detailed programme for carrying out such tests is prepared well in advance in consultation with M/s ECIL and BEL and the Commission kept informed of the programme drawn.

(viii)

It may be noted that any defective machine, which forms part of an election petition that has been filed, shall not be REPEAT shall not be taken out but kept under sealed custody of the DEO / RO as per directions already laid down in this regard in the Handbook of Returning Officers and in the Manual of Election Laws.

You are requested to kindly initiate immediate action on the points given above.

224

ITEM NO. 96 Election Commission’s letter No. 51/8/16/3/2004 PLN-IV, dated 25.08.2004 addressed to the Chief Electoral Officers of All the States/Union Territories. Subject: - Testing Charges for the personnels of State Level Nodal Agencies-reg. The Commission vide its letter no. 51/8/2003 PLN-IV (Instt.) dated 23.7.2003, decided that the CEOs should identify Nodal Government Department/Undertaking having relevant technical manpower and expertise to carry out "first level check" for the EVMs before their deployment for actual poll. Some of the States which have identified nodal agencies and have utilized the services of technical personnel belonging to these nodal agencies have sought clarification on the amount of honorarium/charges payable to these technical personnel. Commission has decided that the detailed procedure and the quantum of honorarium etc. payable to these technical personnel who were used for "first level check" etc. shall be decided by the CEOs concerned in consultation with the respective State Government depending upon the number of days for which their services have been utilized or the extra work put in by them during such services. While doing this, it may also be kept in mind that the work of the nodal agency can not, in any way, be equated with that to be carried out by the engineers of BEL/ECIL for whom the Commission fixed the rate for testing/checking of Electronic Voting Machines at Rs.80/- per machine plus TA, DA, boarding, lodging and conveyances charges at actual as this rate was inclusive of the cost of replacement of defective/worn out parts and repair of defective EVMs and not just the external checking of the machines.

225

ITEM NO. 97 Election Commission’s letter No. 464/OBS/EVM/2004 PLN-IV, dated 17.09.2004 addressed to the Chief Electoral Officers of - Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Maharashtra, Manipur, Madhya Pradesh, Nagaland, Uttaranchal, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Bihar and NCT of Delhi Subject: General Elections to State Legislative Assembly in the states of Arunachal Pradesh and Maharashtra and bye-elections to fill up casual vacancies in State Legislative Assemblies and Parliamentary Constituenciesregarding security measures - for Electronic Voting Machines. I am directed to forward herewith the instructions relating to security measures for Electronic Voting Machines to be used in your state elections. These instructions have been prepared from the point of view of strategy for ensuring security and fidelity of Electronic Voting Machines The district administration, particularly the Collector/Deputy Commissioner, who is also the District Election Officer, should make themselves thorough with these security measures so that the instructions are complied with in letter and spirit. Needless to add, any laxity in implementing these measures will be viewed seriously by the Commission. Kindly ensure delivery of these instructions to all Observers/Special Observers appointed for your state, the District Election Officers and acknowledge receipt.

226

GENERAL ELECTIONS - 2004 Security Measures for EVMs Standard Security measures: (i)

Guard the storage centres with Armed Police of at least section strength.

(ii)

System of double locks in storage centers.

(iii)

One key kept with District Election Officer(DEO); another with Returning Officer

(iv)

Register for movement inside the campus where EVMs stored,

(v)

Register for movement inside the store rooms,

(vi)

Arrangements for storage at counting centres as per standing instruction, except that Armed Police will have to guard the locations,

(vii)

DEOs/SPs personally responsible for any lapse in arrangement and security.

Pre-Poll The Observers deputed by the Commission on their arrival in the district shall inspect along with the DEO the storage centre in the district for the EVMs and randomly check the stock register with the stock stored. Thereafter, the storage center will be sealed in the presence of the Observer and the DEO with double locks. The keys of one lock will be kept with the Returning Officer and the keys of the second lock shall be kept with the DEO To streamline the security of these EVMs, following measures are to be taken: (i)

Detailed log of machines indicating the numbers of balloting and control units to be prepared,

(ii)

Test check report to be entered in log book,

(iii)

Machines requiring repair (i.e. opening of either control or balloting unit) will be segregated and their details kept,

(iv)

For such repaired machines where either the control unit or the balloting unit have been opened proper entry will be made in log book specifying the repairs done and part(s) replaced.

(v)

Only the technicians from ECIL/BEL will work on the machines and keep a record of repairs carried out.

(vi)

No outsiders will be allowed inside the storage centres,

(vii)

The machines that have undergone repairs will be kept aside and trial tests carried out on them before using them,

227

(viii)

After complete checking, the machines will be placed under double lock with the seals of the DEO and the RO specially deployed for the purpose.

Preparation for the Poll •

The machines will be prepared for poll by the ROs in this phase after the finalisation of list of candidates.



Preparation of machines to be done strictly as per the guidelines and in the presence of Observers.



Observers shall ensure that representatives of political parties / candidates wherever required are present. DEOs and ROs will be responsible in case of failure to involve political parties / candidates and the Observer/Special Observer will keep the Commission informed of any such lapse on part of the DEO/RO.



Machines after preparation shall be kept in storage centres.



The prepared EVMs shall ordinarily be kept under double-lock at the dispersal centers.



In cases where these have to be transported to other locations outside the district headquarters where dispersal of polling parties have been arranged, the DEO shall apprise the Observer and keep him informed of the movement plan. At such locations one Observer will invariably be responsible for checking the storage facilities, security aspects and the general plan for dispersal of polling parties. As per standard instructions referred to above, the EVMs at such places will also be kept under a double-lock arrangement with one key with the ARO and the other with the RO as the case may be. Armed security of at least section strength shall be posted at all such dispersal centers.



Detailed plan for distribution of EVMs will be prepared by the DEO and the Observer will closely monitor the distribution.



Machines used for training will not be used for poll. All such machines will be segregated and stored in a separate room under double lock.



Zonal Magistrates and Area Officers who are given EVMs from reserve stock will be given the particulars of balloting units (BU) and control units (CU) issued and a receipt shall be obtained from them. At the end of the poll these machines will be received at a separate counter and tallied with the issue register for such machines.



In cases where the Zonal Magistrate/Area Magistrate has replaced any unit at the polling station due to some defect or malfunction, he shall keep a record of it and inform the receipt desk at the end of poll. The information furnished by the Zonal Magistrate/Area Magistrate shall be tallied with the Presiding Officer's diary by the RO and the Observer.



The unused BUs and CUs returned by the Zonal Magistrate/Area Magistrates will be stored separately in a room other than the strong room where polled EVMs are kept and the Observer will keep a key of this room in his custody.

228

Post-poll arrangements •

After poll, the machines are kept in strong rooms at the counting centres for which detailed instructions already exist in the Handbook for Returning Officers, 2004. These are to be followed strictly.



Armed Police will guard all counting centers without any exception.

229

ITEM NO. 98 Election Commission’s letter No. 51/8/16/8/2004/PLN-IV, dated 26.10.2004 addressed to the Chief Electoral Officers of All the States and Union Territories and copies to Chairman cumManaging Directors of M/s Bharat Electronics Limited and M/s Electronic Corporation of India. Subject: General Elections to Lok Sabha, 2004 - Evaluation of Electronic Voting Machines. I am directed to refer to Commission's letter of even number, dated 23rd August, 2004 on the above subject calling for segregation and transportation of EVMs failed during the counting of votes to a central location for diagnostic tests of machines by M/s ECIL and M/s BEL, as the case may be. Now, the Commission desires you to segregate and transport the defective machines replaced prior to/ or at the commencement of poll and during the poll to the central location well before 8th November, 2004. 2.

M/s BEL and ECIL will be intimated forthwith by the CEO about the collection of such

defective machines and they will be requested to send their Engineers for checking and testing of the defective machines in order to ascertain the causer of failure. 3.

M/s BEL and ECIL have been directed to complete the diagnostic tests of machines

found defective prior to/ at the commencement of poll and during the poll latest by 23 rd November, 2004 and, therefore, it is essential that all co-operation and assistance is provided to them by all concerned. 4.

It may be noted that any defective machines, which forms part of an election petition

that has been filed, shall not be REPEAT shall not be taken out but kept in the strong room as per directions already laid down in this regard in the Handbook of Returning Officers and in the Manual of Election Laws. 5.

You are requested to kindly initiate immediate action on the points given above,

under intimation to the Commission.

230

ITEM NO. 99 Election Commission’s letter No. 51/8/16/8/2004-PLN-IV, dated 05.01.2005 addressed to the Chief Electoral Officers of Bihar, Union Territory of Chandigarh, and NCT of Delhi. Subject: General Election to Lok Sabha 2004- Evaluation of EVMs- regarding. I am directed to refer to the Commission's letter of even No. dated 26/10/2004 and its subsequent reminder dated 10/12/2004 on the subject cited and to state that compliance of the Commission's direction, as given in the above mentioned letters may be reported to the Commission urgently and in any case not later than 12/01/2005.

231

ITEM NO. 100 Election Commission’s letter No. 51/8/2005-PLN-IV, dated 12.01.2005 addressed to the Chief Electoral Officers of Bihar, Haryana, and Jharkhand. Subject: Introduction of Braille Signage Features in Electronic Voting Machines. The Commission has been receiving representation from the various Associations of Visually impaired person for introduction of Braille signage features in the EVMs to facilitate the visually impaired voters to cast their votes without the help of attendant. The Commission considered the proposal in detail and tried the Braille signage feature in the EVMs during the bye election to the Legislative Assembly of Andhra Pradesh from 213-Asafnagar Assembly Constituency held during September-October, 2004 with the courtesy assistance extended by Devnar Foundation for the Blind" of Hyderabad who developed the Ballot Paper in Braille signage and all other required features. I am directed to state that the Commission has decided to introduce similar Braille signage features on the Electronic Voting Machines to be used during the ensuing election in the assembly constituencies of Patna in Bihar, Gurgaon in Haryana and Jamshedpur in Jharkhand. During the current election for the visually impaired electors, the Commission has directed that the following additional arrangements will be made to facilitate such electors exercise their franchise: (i)

The numeric stickers in Braille denoting the serial numbers of the candidates as directed above, will be prepared by BEL Engineers with the assistance of Devnar School for Blind/National Association for Blind.

(ii)

These stickers will be pasted to the right of the blue button (voting button) on the Balloting Unit by the Returning Officer/Assistant Returning Officer, in the presence of the candidates or their authorized agents.

(iii)

The Returning Officer of the abovementioned constituencies will send the list of contesting candidate to the Devnar Foundation immediately after the last date of withdrawal of candidature for preparation of Dummy Ballot Sheets which will contain the serial numbers of the contesting candidates, names of the candidates arranged in the same serial order in which their names will appear on the ballot paper in the BU. The party affiliation of each of the candidates will be indicated by printing the name of the political party concerned against the name of the candidate. In the case of independent candidates, the word "Independent" will be printed. These Dummy Ballot

232

Sheets will be prepared in Hindi only and one copy of the sheets will be supplied to each of the polling station of the constituencies referred to above. (iv)

The Dummy Ballot Sheets mentioned in (iii) above will be printed in Braille by Devnar School for Blind/ National Association for Blind under the supervision of one responsible officer of the office of Chief Electoral Officer of the concerned state for which the CEO of the state will liaise with the Devnar School for Blind/ National Association for Blind and BEL. The Dummy Ballot Sheets will have the name of the constituency written in normal script also at the top. The language "Hindi: will also be written in normal script to distinguish the language versions of the Dummy Ballot Sheet.

(v)

Each such sheet prepared for every polling station will be certified by the Commissioner of Disabilities of

concerned state or his

authorized

representative who will be an official knowing Braille. (vi)

The concerned District Election Officer and the Returning Officer will hold detailed training and briefing sessions for the Presiding Officers and the Polling Officers to explain to them these measures as they are being introduced for the first time in your State for the visually impaired electors.

(vii)

CEOs of Bihar, Haryana and Jharkhand will also arrange for wide publicity of these measures through advertisements in newspapers and TV, etc. to inform the visually impaired voters of the arrangements being made for them in the constituencies referred to above.

(viii)

At the polling station, the visually impaired persons will also be allowed the facility of a companion as provided for in Rule 49 N of Conduct of Elections Rules, 1961 regardless of the new facility being introduced.

(ix)

Inside the polling station the visually impaired voter will be given the Dummy Ballot Sheet by the Presiding Officer on his/her request if he/she prefers to cast his/her vote with the help of same. After he/she has studied the contents of Dummy Ballot Sheet he/she will be allowed to proceed to the voting compartment to cast his/her vote. Such electors after reading the Dummy Ballot Sheet will be able to cast their vote by reading the serial no. of the candidate of their choice on the numeric sticker fixed on the EVM. If the elector so desires, the companion will be allowed to accompany the voter to the voting compartment as provided in Rule 49 N of the Conduct of Elections Rules 1961.

233

(x)

After the voter has cast his/her vote, the Presiding Officer will ensure that the Dummy Ballot Sheet delivered to the voter is returned to the Presiding Officer.

(xi)

After the close of poll, the Dummy Ballot Sheets shall be scaled in a separate cover superscribed ''Dummy Ballot Sheets" for the Visually impaired and ' sent to the Returning Officer along with other Non-Statutory forms.

(xii)

The Presiding Officer shall keep a record of all such voters (who avail of the facility of Braille Sheet) in the enclosed proforma and will submit the same to the Returning Officer along with the EVM. These details will be kept separately in the RO's office. The RO will consolidate all the information supplied by Presiding Officer in this regard and submit the same to the Commission through the CEO after declaration of result.

2.

You are requested to kindly take all appropriate steps for the implementation of

above directions of the Commission. The concerned District Election Officers and Returning Officers should be informed of the above directions of the Commission immediately. All political parties and contesting candidates may also be called by the District Election Officers and briefed about the measures to be taken in this regard. 4.Kindly acknowledge receipt.

234

ITEM NO. 101 Election Commission’s letter No. 51/15/2005/PLN-IV, dated 31.01.2005 addressed to the Chief Electoral Officers of all States and UTs, [Further detailed directions on disposal of unserviceable/expired batteries of EVMs were issued vide Commission’s letter No. 51/8/2/2004-PLN-IV, dated 1st February 2005 (Item No.102)]. Subject: Information regarding Ballot Boxes- regarding. The Commission has been receiving proposals from CEOs of various States/UTs for disposal of ballot boxes as most of the ballot boxes are lying idle and causing storage and maintenance problem as all the Lok Sabha and State Legislative Assembly election are now being conducted through EVMs. To enable the Commission to take a decision in this regard, in the first instance, you are requested to furnish the following information regarding the stock of Ballot Boxes in your State/UT: i)

Total number of serviceable ballot boxes

ii)

Total number of unserviceable ballot boxes

iii)

The present arrangement for their storage.

iv)

The cost involved, if any, for storage of ballot boxes.

v)

Whether at this stage disposal of ballot boxes is being felt necessary.

vi)

If so, the proposed mode of disposal.

vii)

The quantum of saving likely to be accrued on disposal of these Ballot Boxes by way of (saving of) rental on storage space etc. The above mentioned information may kindly be furnished at the earliest and not

later than 15th February, 2005.

235

ITEM NO. 102 Election Commission’s letter No. 51/8/2/2004-PLN-IV, dated 01.02.2005 addressed to the Chief Electoral Office of All the State/Union Territories. Subject: Disposal of unserviceable/expired batteries of Electronic Voting Machine. I am directed to state that the Commission has received reference regarding disposal of unserviceable/expired batteries used in the electronic Voting Machine during poll. Suggestions on the method of safe disposal of the power pack was called for from both the manufactures (M/s BEL & ECIL) of EVMs who are also the suppliers of power packs, used in these EVMs. The manufacturers have suggested some measures which are detailed below for strict compliance during such-disposal of power packs. (i)

If the quantity of batteries is less, then the same may be disposed with regular trash after removing from the plastic box.

(ii)

Discarded batteries are often not completely dead. Concentrating used batteries in a container can bring these live batteries into electrical contact with one another, creating a safety risk. Any collection programme must be organized only after minimizing such risk.

(iii)

Disposing of the used batteries in small quantities, as far as possible is recommended.

(iv)

As far as possible, accumulation of expired batteries in large quantity may be avoided.

(v)

If the quantity of batteries is more and accumulated at one place, then batteries should be disposed off at a secure land fill in accordance with state and local regulations,

(vi)

Discarded batteries should never be crushed, dismantled, short circuited or recharged.

(vii)

Batteries should not be disposed-off in fire or high heated area.

(viii)

It is also desirable to consult the local Government Waste Management Authority regarding recycling regulations in respective communities.

(ix)

EVM battery packs consist of Plastic Moulded Box. Though environmentally beneficial and economically feasible recycling process has not yet been developed for Alkaline Batteries, the Plastic Moulded Boxes can be scrapped and recycled for other uses.

236

ITEM NO. 103 Election Commission’s letter No. 51/8/2005-PLN-IV, dated 01.02.2005 addressed to the Chief Electoral Officers of Bihar, Haryana, and Jharkhand, Subject: Introduction of Braille Signage Features in Electronic Voting Machines. The Commission vide its letter dated 12th January, 2005 has directed that the Braille Signage Features will be introduced in the Electronic Voting Machines of all the polling stations of Patna Assembly Constituency of Bihar, Gurgaon Assembly Constituency of Haryana and Jamshedpur Assembly Constituency of Jharkhand. These features will be used in the 189-Patna Central A.C. in Bihar, 61-Gurgaon A.C. in Haryana and 49Jamshedpur West A.C. of Jharkhand. 2.

The Returning Officer is required to send a report after the declaration of result in

the enclosed Proforma through the Chief Electoral Officer concerned to the Commission. 3.

One Dummy Ballot Sheet prepared in Braille Signage may also be sent to the

Commission for its information and record. 4.

Kindly acknowledge receipt.

237

PROFORMA FOR SUBMISSION OF REPORT ON THE USE OF BRAILLE SIGNAGE BY THE VISUALLY HANDICAPPED ELECTORS Name of Constituency: No. & Name of Polling Station: SI. No. No. of visually handicapped voter came for voting

No. of such voter used dummy Ballot Sheet prepared in Braille Signage

238

No. of such voter No. of voters who who did not use used both the Braille Sheet and facilities preferred companion allowed under Rule 49 N

ITEM NO. 104 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief Electoral Officer, Bihar Subject:

Training of officials/ Presiding Officers/ Patrolling & Sector Magistrates on EVMs

The Commission as per its letter no. 51/8/16/8/2004-PLN IV dated December 23, 2004 had issued instructions for proper training of officials/ Presiding Officers/ Patrolling & Sector Magistrates to ensure that EVMs are properly prepared and operated on the day of poll.

2.

All District Election Officers/ Returning Officers are hereby directed to ensure that

preparation of EVMs must be in accordance with the instructions of the Commission and all Presiding Officers/ Patrolling & Sector Magistrates be trained in EVM operation properly. Necessary certificates must be obtained by them as per enclosed instructions.

3.

All Presiding Officers and Polling Officers should also be instructed to ensure that the

electors at the time of casting vote should put on the Register of Electors (Form 17A) either full signature or thumb impression. Under no circumstance, an elector having a left thumb be allowed to put any other finger mark on the Register of Electors (Form 17A).

239

ITEM NO. 105 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officer, Bihar Subject:

Training of polling parties on EVMs and procedure to be followed at the polling station

During previous elections, it has come to the notice of the Commission that there were some difficulties in the operation of Electronic Voting Machines at few polling stations due to the fact that they were not prepared correctly as per the operational manual at the time of initial preparation at the Returning Officers’ level. While in some ‘slide switch’ on the balloting unit was found to be in wrong position, in others, certain other preparatory defects were noticed. It has further come to the notice of the Commission that some of the Presiding Officers/Sector Magistrates do not take EVM training seriously with the result that they fail to operate the machine at the time of poll. It has also been noted that some Polling Officers do not apply indelible ink on the elector’s left finger properly in the manner prescribed by the Commission and apply it in a very casual manner leaving ample scope for electors to wipe off the ink mark. Furthermore, it has been observed that in many cases, impression of various fingers of illiterate electors have been obtained on the Register of Electors (Form 17A) instead of their thumb impression as required under the rules. The Commission has noted these irregularities seriously and issues following instructions to ensure that the same are not repeated in future:(i)

Proper intensive and hands-on training should be given to all the concerned polling and counting personnel for preparation and operation of EVMs as well as their sealing after poll and counting.

(ii)

Officers preparing the machines, after preparing them, should give a certificate that they have prepared the machines as per the instructions given and checked them, and that they understand fully that in case of any error found, they would be held responsible for lapse.

240

(iii)

All Presiding Officers and Sector Magistrates may be asked to give a certificate that they have been properly trained in the working of EVM and they are confident of using them at the time of poll and that they understand fully that in case they are unable to operate them at the time of poll, they would be held responsible for lapse.

(iv)

During training, proper instructions should be given to polling personnel regarding the correct manner of application of indelible ink.

(v)

All Presiding Officers and Polling Officers should be instructed to ensure that the electors at the time of casting their vote put on the Register of Electors Form (17A) either their full signature or their thumb impression. Under no circumstance, an elector having a left thumb be allowed to put any other finger mark on the Register of Electors (Form 17A).

Kindly bring these instructions to the notice of all District Election Officers, Returning Officers and Observers for strict compliance.

241

ITEM NO. 106 Election Commission's letter No. PS/AK/2005, dated 17.10.2005. addressed to the District Election Officers of Phase II, III and IV through the Chief Electoral Officer, Bihar Subject:

Preparation of EVMs for polling

It has come to the notice of the Commission that in some of the districts, Electronic Voting Machines (EVMs) were being prepared in the absence of Observers. The Commission has desired that all District Election Officers should send a certificate in the following format, immediately, after the preparation of machines.

For

second phase this certificate must reach by tomorrow evening.

This is to certify that Electronic Voting Machines (EVMs) for following Constituencies were prepared in the presence of Observers.

Signed by the Observer

Signed by the District Election Officer

242

ITEM NO.107 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – District Elections Officers to hold comprehensive training programme on operation and functioning of EVMs for representatives of various political parties

The Commission has decided that various District Election Officers will hold comprehensive training programmes to explain operation and functioning of EVMs immediately for the representatives of various political parties. The Commission has desired that comprehensive training programmes to explain operation and functioning of EVM including conduct of mock poll to be conducted at the polling station, procedure for sealing of EVMs at the polling stations and right of candidates or their representatives to affix signatures over the seals may be conducted for the representatives of various political parties / candidates immediately. All District Election Officers may be asked to complete such programmes in their districts by March 28, 2006. With regards,

243

ITEM NO.108 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Proper intensive and hands-on training to Presiding/Polling Officers and Patrolling/ Sector/Zonal Magistrates in operation of EVMs as well as their sealing after poll

During previous elections, it has come to the notice of the Commission that there were some difficulties in the operation of Electronic Voting Machines at few polling stations due to the fact that they were not prepared correctly as per the operational manual at the time of initial preparation at the Returning Officers’ level. While in some ‘slide switch’ on the balloting unit was found to be in wrong position, in others, certain other preparatory defects were noticed. It has further come to the notice of the Commission that some of the Presiding Officers/Sector Magistrates do not take EVM training seriously with the result that they fail to operate the machine at the time of poll. It has also been noted that some Polling Officers do not apply indelible ink on the elector’s left finger properly in the manner prescribed by the Commission and apply it in a very casual manner leaving ample scope for electors to wipe off the ink mark. In many cases, it has also been observed that the Polling Officers take impression of various fingers of illiterate electors on the Register of Electors (Form 17A) instead of thumb impression as required under the rules. The Commission has noted these irregularities seriously and issues following instructions to ensure that the same are not repeated in future:(i)

Proper intensive and hands-on training should be given to all the Presiding / Polling officers and Patrolling / Sector / Zonal Magistrates in operation of EVMs as well as their sealing after poll.

(ii)

Proper intensive and hands on training should be given to all counting personnel.

(iii)

Officers preparing the machines, after preparing them, should give a certificate that they have prepared the machines as per the instructions given and checked them, and that they understand fully that in case of any error found, they would be held responsible for lapse.

(iv)

At the time of preparation of machines, the slide switch must be secured with the help of transparent tape.

244

(v)

All Presiding Officers and Sector / Zonal / Patrolling Magistrates may be asked to give a certificate that they have been properly trained in the working of EVM and they are confident of using them at the time of poll and that they understand fully that in case they are unable to operate them at the time of poll, they would be held responsible for lapse.

(vi)

During training, proper instructions should be given to Presiding / polling personnel regarding the correct manner of application of indelible ink.

(vii)

All Presiding Officers and Polling Officers should be instructed to ensure that the electors at the time of casting their vote put on the Register of Electors Form (17A) either their full signature or their thumb impression. Under no circumstance, an elector having a left thumb be allowed to put any other finger mark on the Register of Electors (Form 17A).

Kindly bring these instructions to the notice of all District Election Officers, Returning Officers and Observers for strict compliance. With kind regards,

245

ITEM NO. 109 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Training to all Presiding Officers/Patrolling Officers & Sector Magistrates on preparation of EVMs to be in accordance with the instructions of the Commission and DEOs to ensure this

The Commission as per its letter no. 51/8/16/8/2004-PLN IV dated December 23, 2004 had issued instructions for proper training of officials/ Presiding Officers/ Patrolling & Sector Magistrates to ensure that EVMs are properly prepared and operated on the day of poll. 2.

All District Election Officers/ Returning Officers are hereby directed to ensure that

preparation of EVMs must be in accordance with the instructions of the Commission and all Presiding Officers/ Patrolling & Sector Magistrates be trained in EVM operation properly. Necessary certificates must be obtained by them as per enclosed instructions. 3.

All Presiding Officers and Polling Officers should also be instructed to ensure that the

electors at the time of casting vote should put on the Register of Electors (Form 17A) either full signature or thumb impression. Under no circumstance, an elector having a left thumb be allowed to put any other finger mark on the Register of Electors (Form 17A). With kind regards,

246

ITEM NO.110 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Instructions for pressing ‘CLOSE’ button at the end of poll and preparation of Form 17A

Complaints have been received in the Commission, in the past, that some of the Presiding Officers do not close the EVM by pressing the ‘CLOSE BUTTON’ after the end of poll for subsequent manipulation. The Commission has been issuing various instructions in the interest of free and fair poll from time to time. The Commission desires that following instructions may be brought to the notice of all District Election Officers, Returning Officers, Presiding Officers, Observers and political parties immediately. (i)

All Presiding Officers shall close the EVM by pressing ‘CLOSE BUTTON’ at the end of poll in presence of polling agents, as may be present.

(ii)

All Presiding Officers shall draw a line at the end of poll after the last entry in Form 17A and shall record the signed statement thereafter “The serial number of last entry in Form 17A is_______” and obtain the signatures of all polling agents, as may be present, below this statement.

(iii)

All Presiding Officers shall give one attested copy of Form 17C (Account of Votes Recorded) at the end of poll to all polling agents, as may be present, irrespective of their asking. With kind regards,

247

ITEM NO.111 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Identification of electors – All Presiding Officers to note down the kind of identification document produced by the elector at the time of casting his/her vote.

The Commission has made identification of electors mandatory on the day of poll at the time of casting votes. During previous elections, it has come to the notice of the Commission that Presiding/Polling Officers do not insist on production of prescribed identification documents on the poll day at the time of voting for elector identification which sometimes lead to bogus voting. To ensure that Presiding/ Polling Officers insist on production of identification documents, the Commission instructs that all Presiding / Polling Officers must note down the kind of identification document produced by the elector at the time of casting his/ her vote along with the number of document produced, if given in the document in remarks column of Form 17A. Kindly ensure that these instructions are brought to the notice of all DEOs, ROs, AROs, Presiding Officers & Observers for strict compliance and to the knowledge of all candidates for information. With kind regards,

248

THE POLL A. NOMINATION

249

ITEM NO. 112 Election Commission's letter No. 56/Gen/96-J.S.-II Dated 25.03.1996 addressed to all Recognized State Parties (as per list attached) Subject: Concessions to candidates set up by recognized State Parties at elections in other States under para 10 of the Election Symbols (Reservation and Allotment) Order, 1968 - Regarding I am directed to say that a recognized State party may be granted concession by the Commission in the matter of allotment of symbol reserved for it in the State in which it is recognised as a State party to the candidates set up by it in another State in which it is not so recognised. This concession may be granted if each of the conditions specified in para 10 of the Election Symbols (Reservation and Allotment) Order, 1968 is fulfilled. The said para 10 is reproduced below for ready reference:"Concessions to candidates set up by State party at elections in other State - If a candidate set up by a State party at an election in any constituency in a State in which that is not a State party, intends to choose or chooses symbol reserved for it in the State or States in which it is a State party, then such candidate shall be allotted that symbol to the exclusion of any other candidate, and no other symbol, on fulfillment of each of the following conditions, namely:(a)that an application is made to the Commission by the party for exclusive allotment of that symbol to the candidate set up by it not later than the third day after the publication in the official Gazette of the notification calling the election; (b)if the block for the symbol is not already available, that there is sufficient time for preparing the block; (c)that sufficient time is available to the Commission for sending intimation to the returning officer of the constituency on or before the last date for withdrawal of candidature; (d)that in the opinion of the Commission there is no reasonable ground for refusing the application for such allotment. 2.It will be observed from the above that the concession under the said para 10 may be granted by the Commission (1) to specific candidates set up by the said recognised State party, (2) in specified constituencies in the other State, and (3) the application for the purpose must be made by the party to the Commission not later than the third day after the publication in the Official Gazette of the notification calling the election in the said constituencies. 3.In the past, some recognised State parties were making omnibus requests for above concession in a State going to the polls without specifying the constituencies in which they were setting up their candidates. Such requests were not in conformity with the provisions of the above-referred para 10 of the Election Symbols (Reservation and Allotment) Order, 1968.

250

4.The Commission hereby makes it unequivocally clear that such omnibus requests will not be entertained by it at any general election or bye election to the House of the People or a State Legislative Assembly. 5. Accordingly, if any recognised State party hereafter intends to avail of the concession under the said para 10 of the Election Symbols (Reservation and allotment) order 1968. IT MUST SPECIFY IN ITS APPLICATION UNDER THE SAID PARA 10 THE NAME OR NAMES OF THE CONSTITUENCY OR CONSTITUENCIES IN WHICH IT IS SETTING UP ITS CANDIDATES IN RELATION TO WHOM SUCH CONCESSION IS SOUGHT. ANY OMNIBUS APPLICATION WILL BE STRAIGHTWAY REJECTED. 6.It is also clarified in this context that if any State party states in its application that it will set up its candidates in all constituencies in a State and seeks concession in respect of all such constituencies, any concession granted by the Commission on such misleading statement and understanding may be withdrawn by the Commission if the party does not set up or fails to set up its candidates in all the constituencies for any reason whatsoever. The allotment of symbol made to the party candidates in all other constituencies in pursuance of the above concession will be liable to be withdrawn and they may be allotted some other symbol from out of the list of free symbols for the State concerned. 7.Further, the application of the party so specifying the name of each constituency in which the above concession is sought must reach repeat reach the office of the Commission not later than 1730 hours (i.e., the official closing hours of the Commission's office) of the third day after the publication in the Official Gazette of the notification calling the election. For example, the Commission has announced on 19.3.1996, the programme for general elections to the House of People and State Legislative Assemblies of Assam, Haryana, Kerala, Tamil Nadu, West Bengal, Pondicherry and some bye-elections. According to the programme announced, the notifications calling the general elections will be issued on 27.3.96. Any application for the abovementioned concession in respect of any specified constituency or constituencies in these States must reach the office of the Commission not later than 1730 hours on 30.3.1996. Any application received thereafter will be summarily rejected as time-barred. 8.In the next place, attention may be specially invited to clause (d) of the said para 10 of the Election Symbols (Reservation and Allotment) Order, 1968 which provides that the concession applied for may be granted if, among other things, "in the opinion of the Commission there is no reasonable ground for refusing the application for such allotment". The Commission would like to clarify that if there is any dispute with regard to the office bearers of a recognized State party and more than one person claims to be the office bearer or person authorised by the party to make the application under para 10 or send the notice with regard to the name of the official candidate of the party under para 13 of the Election Symbols (Reservation and Allotment) Order, 1968, the Commission may refuse to grant the concession under the said para 10(d) unless the Commission is satisfied with regard to the claim of any particular office bearer or authorized person of the party to make the requisite application or send the requisite notice. Kindly acknowledge receipt of this letter immediately.

251

ITEM NO. 113 Election Commission's letter No. 56/228/96/JUD.-II, dated 14.08.1996, addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Registered un-recognized political parties under section 29-A of the RP Act, 1951 are registered parties for all states/UTs You are aware that political parties are registered with the Commission under the provisions of section 29A of the Representation of the People Act., 1951. After a party is registered by the Commission under the provisions of aforesaid section, a letter is addressed to the party with regard to its registration and a copy of the same is endorsed to all the Chief Electoral officers. Thereafter, the names of such parties are notified in table III (containing the list of registered un-recognized political parties) of the Commission's notification issued under para 17 of Election Symbols (Reservation and Allotment) Order, 1968, from time to time. 2.A party so registered with the Commission in registered for the purposes of all elections to Parliament and State Legislature held in any State/Union Territory. 3.It has been brought to the notice of the Commission that certain Chief Electoral Officers/Returning Officers are not accepting these parties as a registered party in their States/ Union Territories on the ground that the registered address of the party is outside that State/Union Territory. 4.It is again clarified that a party registered by the Commission under section 29A of the Representation of the People Act., 1951 is a registered party for all States/Union Territories and such party can contest election from any where for any House of Parliament or state legislature of any State/Union Territory. 5.This may be brought to the notice of all District Election Officers/Returning Officer and all others concerned in your State/Union Territory.

252

ITEM NO. 114 Election Commission's letter, No. 576/3/96/Jud.-II, dated 23.08.1996, addressed to Vice President, Bharatiya Janata Party, 11, Asoka Road, New Delhi-110 001. Subject: Delivery of Form 'A' & Form 'B' under Election Symbols (Reservation and allotment) order, 1968 to Chief Electoral officer and Returning Officer Regarding I am directed to refer to your letter dated 19th August, 1996, addressed to the Election Commission, on the above subject. 2.The matter raised by you in the said letter and the suggestion made therein regarding the delivery of Form 'A' to the Chief Electoral Officer of the State has been duly considered by the Commission. The Commission has not agreed to your suggestion. 3.The Commission has reiterated that it shall be the responsibility of the political party and/or the candidates set up by it to reach both the Forms A' and 'B', duly signed in ink by the authorised office bearers of the party, to the Chief Electoral Officer of the state and also the returning officer of the constituency concerned not later than 3.00 p.m. on the last date for making nominations, as already explained in the Commission's letter No. 3/ER/96-Jud.-II, dated 9th August. 1996. 4.The receipt of this letter may kindly be acknowledged.

253

ITEM NO. 115 Election Commission's massage No.576/3/96-JUD.-II, dated 20.09.1996, addressed to Chief Electoral Officers of All State and Union Territories Subject: Clarification of setting up of a candidate of a recognised state party in a State which it is not recognised A CLARIFICATION HAS BEEN SOUGHT WHETHER A CANDIDATE OF A RECOGNISED STATE PARTY (SAY, RECOGNISED IN ANDHRA PRADESH) SET UP IN ANOTHER STATE (SAY, UTTER PRADESH) IN WHICH IT IS NOT REPEAT NOT RECOGNISED AS STATE PARTY SHALL BE TREATED AS A CANDIDATE SET UP BY A RECOGNISED STATE PARTY FOR THE PURPOSES OF SECTION 33(1), 38(2) AND 52 OF THE REPRESENTATION OF THE PEOPLE ACT, 1951, AS AMENDED BY THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT., 1996(.) 2.IT IS HEREBY CLARIFIED THAT SUCH CANDIDATE SHALL BE TREATED AS HAVING BEEN SET UP ONLY BY A REGISTERED-UNRECOGNISED REPEAT REGISTEREDUNRECOGNISED POLITICAL PARTY FOR THE PURPOSE OF THE ABOVE SECTIONS(,) AS A PARTY RECOGNISED AS A STATE PARTY IN ONE STATE IN ONLY A REGISTERED- UNRECOGNISED POLITICAL PARTY IN ALL OTHER UNDER THE ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1968(.) IT IS FURTHER CLARIFIED THAT EVEN IF SUCH RECOGNISED PARTY ASKS FOR CONCESSION UNDER PARA 10 OF THE SYMBOL ORDER FOR USING ITS RESERVED SYMBOL IN ANOTHER STATE AND SUCH CONCESSION IN GRANTED BY COMMISSION^) THE CANDIDATE SET UP BY THAT PARTY IN THE SAID OTHER STATE SHALL BE REGARDED AS HAVING BEEN SET UP ONLY BY A REGISTERED UNRECOGNISED POLITICAL PARTY FOR THE PURPOSE OF THE ABOVE-MENTIONED SECTIONS 33(1), 38(2) AND 52 OF THE REPRESENTATION OF THE PEOPLE ACT., 1951 (.) ACCORDINGLY, THE NOMINATION PAPERS OF SUCH CANDIDATES SHOULD BE SUBSCRIBED BY TEN ELECTORS AS PROPOSERS AND NAMES OF SUCH CANDIDATES SHOULD BE SHOWN UNDER CATEGORY(II) IN FORM 4 (LIST OF VALIDLY NOMINATED CANDIDATES) AND FORM 7A (LIST OF CONTESTING CANDIDATES)(.) ATTENTION IN THIS CONTEXT IS ALSO INVITED TO LEGAL POSITION AS CLARIFIED IN THE COMMISSION'S LETTER NO. 3/1/94/JS.II, DATED 5.12.1994, REPRODUCED AS ITEM 49 IN THE COMPENDIUM OF INSTRUCTIONS ON CONDUCT OF ELECTIONS, 1996(.). 3.A CLARIFICATION HAS ALSO BEEN SOUGHT THAT IF THE NOMINATIONS FILED BY BOTH THE MAIN AND SUBSTITUTE CANDIDATES OF A RECOGNISED NATIONAL/STATE PARTY ARE ACCEPTED AFTER SCRUTINY BY RETURNING OFFICER AND IF THE MAIN CANDIDATE WITHDRAWS HIS CANDIDATURE WITHIN(,) WHETHER IN SUCH CASE THE SUBSTITUTE CANDIDATE CAN BE CONSIDERED AS PARTY CANDIDATE AND THE PARTY'S RESERVED SYMBOL ALLOTTED TO HIM(.). 4.IT IS HEREBY CLARIFIED THAT SUCH SUBSTITUTE CANDIDATE SHALL BE TREATED AS HAVING BEEN DULY SET UP BY THE SAID PARTY AND ALLOTTED THE PARTY'S RESERVED SYMBOL IF THE FOLLOWING CONDITIONS ARE FULFILLED IN HIS CASE, NAMELY: -

254

(I) SUCH SUBSTITUTE CANDIDATE HAS MADE A DECLARATION IN ANY ONE OF HIS FOUR NOMINATION PAPERS (EVEN IF THAT PARTICULAR NOMINATION PAPER IS REJECTED ON ANY GROUND) THAT HE HAS BEEN SET UP BY THE SAID PARTY(,) AS REQUIRED UNDER PARA13(A) OF THE ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER, 1968; AND (II) THE NAME AND OTHER PARTICULARS OF SUCH SUBSTITUTE CANDIDATE ARE ALREADY FURNISHED BY THE PARTY CONCERNED IN COLUMNS (5) TO (7) OF FORM B' WHICH HAS BEEN DULY RECEIVED BY RETURNING OFFICER FROM THE SAID PARTY NOT LATER THAN 3 RM. ON THE LAST DATE FOR MAKING NOMINATIONS(.) 5. INFORM IMMEDIATELY ALL RETURNING OFFICERS AND OTHER ELECTION AUTHORITIES CONCERNED OF THE ABOVE CLARIFICATIONS FOR THEIR INFORMATION AND GUIDANCE^) THESE CLARIFICATIONS MAY ALSO BE BROUGHT TO NOTICE IMMEDIATELY OF ALL RECOGNISED PARTIES IN YOUR STATE AND GIVEN WIDE PUBLICITY(.)

255

ITEM NO. 116 Election Commission's message No. 576/3/96/JUD-II/3881-3913, addressed to Chief Electoral Officer, Karnataka, Bangalore

dated

20.03.1997

Subject: Submission of Form A is necessary REFERENCE YOUR MESSAGE NO. CLAUSE 1 CHU CHI HA 95 (,) DATED 14.3.1996 SEEKING CLARIFICATION REGARDING SPONSORSHIP OF CANDIDATES BY POLITICAL PARTIES (.) IT IS CLARIFIED THAT SUBMISSION OF FORM A' IS NECESSARY

EVEN

IN

CASES

WHERE

FORM

1B'

IS

SIGNED

BY

PRESIDENT/GENERAL SECRETARY OF A POLITICAL PARTY HIMSELF AS IT WILL ENABLE THE RETURNING OFFICER TO KNOW THAT NO ONE ELSE IS AUTHORISED TO SIGN FORM 1B' (.) SUBMISSION OF FORM VY IS IN PURSUANCE OF MANDATORY REQUIREMENT OF PARA 13 (D) OF ELECTION SYMBOLS (RESERVATION AND ALLOTMENT) ORDER (,) 1968 (.)

256

ITEM NO. 117 Election Commission's letter No. 576/3/98/J.S.II/ dated 16.12.1998 addressed to CEOs of all States and UTs Subject: Forms for taking oath/affirmation by the candidates contesting election -clarification I am directed to invite your attention to the Commission's instructions in para 21 of Chapter-V of the Handbook for Returning Officers, 1998 regarding oath or affirmation to be made and subscribed by candidates at an election. 2.Two Forms oath/affirmation are prescribed in the Third Schedule to the Constitution-Form IIIA for election to Parliament and Form VIIA for election to a State Legislature (other than Legislative Assemblies of Delhi and Pondicherry). For election to the Delhi Legislative Assembly, oath/affirmation is to be made in the form set out in the Schedule to the Government of National Capital Territory of Delhi Act, 1991 (No. 1 of 1992). In so far as election to the Legislative Assembly of Pondicherry is concerned, such oath/ affirmation is to be made in the form prescribed in the first schedule to the Government of Union Territories Act, 1963 (No. 20 of 1963). 3.A model of each of the aforesaid four forms for taking oath/affirmation by candidates is forwarded herewith. Every Returning Officer may be instructed to ensure that only the correct form as is appropriate for the election from his constituency is supplied to the candidates. It should also be ensured that the Forms are supplied both in English and in the Official Language of the State Union/Territory concerned, and not in English only. 4.These forms may be substituted in place of the existing one given in Annexure XII (page 221) of the Handbook for Returning Officers, 1998 and in Annexure XIII (page 227) of the Handbook for Returning Officers, 1998 (where EVMs are used). These Forms may also be inserted after the Commission's notifications dated 18th March, 1968 in Appendix VI (Pages 126-129) of the Handbook for Candidates, 1997 and in Appendix VI(Pages 152-157) of the Handbook for Candidates, 1998 (where EVMs are used). 2.

Kindly acknowledge receipt.

257

Form of Oath or Affirmation (Article 84 (a) of the Constitution of India) (To be made by a Candidate for election to Parliament) I..................................................................having been nominated as a candidate to fill a seat in the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. (Signature and name in block letters of the candidates)

Sworn in the name of God/solemnly affirmed by Shri/Shrimati …………………………… at (Place…………..………at…………………...(hour) this the day of…………………….200…… before me. (Signature of authorized person) Name, Designation and Seal Certificate for receipt of Oath (To be handed over to the candidate by the authorised person) Certified that ................................................................... (name) a candidate for election to the Council of States (*or the House of the People) has made and subscribed the oath/affirmation as required b y t h e co ns t i t u t i on o f I n di a b ef o r e m e a t m y o f f i c e a t ………………………… (hour) on ……....................................... (date). (Signature of authorised person) Name, Designation and Seal

Date * Score out which is not applicable.

N.B.: This Form should be supplied to the candidates both in English and in the Official Language of the State/Union Territory.

Form of Oath or Affirmation (Article 173 (a) of the Constitution of India) (To be made by a Candidate for election to the Legislature of a State) I..................................................................having been nominated as a candidate to fill a seat in the Legislative Assembly (*or Legislative Council) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. (Signature and name in block letters of the candidates)

258

Sworn in the name of God/solemnly affirmed by Shri/Shrimati ……………… at ……………….(Place) at ………………………..(hour) this the day of…………….200………. before me. (Signature of authorised person) Date Name, Designation and Seal Certificate for receipt of Oath (To be handed over to the candidate by the authorised person) Certified that (name) a candidate for election to the Legislative Assembly (*or Legislative Council) has made and subscribed the oath/affirmation as required by the Constitution of India before me at my office at………….. (hour) on……..(date). (Signature of authorised person) Name, Designation and Seal

Date * Score out which is not applicable.

N.B.: This Form should be supplied to the candidates both in English and in the Official Language of the State. Form of Oath or Affirmation (Section 4 (a) of the Government of National Capital Territory of Delhi Act, 1991 (No. 1 of 1992)

(To be made by a Candidate for election to the Legislative Assembly of the National Capital Territory of Delhi) I..................................................................having been nominated as a candidate to fill a seat in the Legislative Assembly do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. (Signature and name in block letters of the candidates) Sworn in the name of God/solemnly affirmed by Shri/Shrimati……………………………… At ……………………….(Place) at………………………………………………..(hour)…………. this the day of……. 200…….before me. (Signature of authorised person) Name, Designation and Seal

Date

Certificate for receipt of Oath (To be handed over to the candidate by the authorised person) Certified that................................................................... (name) a candidate for election to the Legislative Assembly of the National Capital Territory of Delhi has made and subscribed the oath/ affirmation as required by the Government of National Capital Territory of Delhi Act, 1991 before me at my office at................ (hour) on………(date). (Signature of authorised person) Name, Designation and Seal

Date

259

N.B.: This Form should be supplied to the candidates both in English and in the Official Language of the National Capital Territory of Delhi. Form of Oath or Affirmation (Section 4 (a) of the Government of Union Territory Act, 1963 (No. 20 of 1963) (To be made by a Candidate for election to the Legislative Assembly of the Union Territory of Pondicherry) I.................................................................. having been nominated as a candidate to fill a seat in the Legislative Assembly of Pondicherry do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India. (Signature and name in block letters of the candidates) Sworn in the name of God/solemnly affirmed by Shri/Shrimati……………………………… At……………………..(Place) at………………………..(hour) this the day of………………200….. before me. (Signature of authorised person) Name, Designation and Seal

Certificate for receipt of Oath (To be handed over to the candidate by the authorised person) Certified that................................................................... (name) a candidate for election to the Legislative Assembly of Pondicherry has made and subscribed the oath/affirmation as required by the Government of Union Territory Act, 1963 before me at my office at…………………….(hour) on…………..(date). (Signature of authorised person) Name, Designation and Seal

Date :

N.B.: This Form should be supplied to the candidates both in English and in the Official Language of the Union Territory.

260

ITEM NO. 118 Election Commission's letter No. 576/4./2001/J.S. II dated 12.10.2001 addressed to the Chief Electoral Officers of all States & Union Territories. Subject: Election Petition No. 1 of 1996 - Shri Suresh Chand Gupta alias Bacchu Babu, Advocate Vs. Shri Harnath Singh Yadav & others - Directions of the High Court of Judicature at Allahabad - Commission's instructions - regarding I am directed to invite your attention to rules 22(3) & 30(3) of the Conduct of Elections Rules, 1961 which inter-alia provide that if two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. There will also be no objection to the addition of any honorific, academic, hereditary, professional or any other title to the name of a candidate. Your attention is further invited to the Commission's instructions contained in para 16 of Chapter VI of the Handbook for Returning Officers for Elections to the Council of States and State Legislative Councils, wherein the Commission had given detailed instructions in the matter. While disposing of Election Petition No. 1 of 1996 filed by Shri Suresh Chand Gupta alias Bacchu Babu, Advocate, in connection with biennial election held to the Uttar Pradesh Legislative Council from Agra Division Graduate's Constituency, the Allahabad High Court has observed that the Returning Officer for the said election had violated proviso to rules 8(2) and rule 30(3) of the Conduct of Elections Rules 1961, by refusing the request of the petitioner for adding the suffix " Advocate" after his name since there were more than one candidate of identical name, and the acceptance of the said request by the Returning Officer to have the suffix "Advocate" after the name of the petitioner would not possibly cause any prejudice to any other candidate or give any unfair advantage to the petitioner at the poll. In the above Election Petition, the High Court also observed that the ballot papers relating to the said election were not available for inspection as the same were reportedly missing. In view of the above observations of the Allahabad High Court, the provisions of the rules and the Commission's instructions referred to in paragraph 1 above, are reiterated to all Returning Officers to ensure strict compliance of the same and the rules provided under the Conduct of Elections Rules, 1961. All Returning Officers, Assistant Returning Officers and other election authorities connected with the conduct of elections may be directed to scrupulously follow rules and the Commission's instructions in the matter. Regarding preservation of records relating to elections, attention of all District Election Officers and Returning Officers is invited to the instructions and directions of the Commission as given in Chapter XV of the Handbook for Returning Officers for Biennial Elections and in Chapter XVIII of the Handbook for Returning Officers (for elections to House of the People and Legislative Assemblies). It should be noted that the sealed packets of

261

used ballot papers should be retained for a period of one year after the completion of election, and in cases where an Election Petition or any other matter in respect of an election is pending for trial before a Court, the papers relating to the election concerned, should not be destroyed until the expiry of six months from the date of final disposal of the petition or matter. Kindly acknowledge receipt of this letter.

262

ITEM NO. 119 Election Commission's letter no. 576/3/2002/J.S.II dated 18.01.2002. addressed to the CEO, Uttar Pradesh Subject: General Election to the State Legislative Assembly, 2002 - filing of nomination papers - regarding I am directed to refer to your letter No. 485/CEO-2, dated 16th January 2002, on the above subject. Your attention is invited to the second proviso to Sub-Section (1) of Section 33 of the Representation of the People Act, 1951, which states that no nomination paper shall be delivered to the Returning Officers on a day which is a public holiday. The term "Public Holiday" has been defined in Section 2 (h) of the said Act. A combined reading of the said proviso and Section 2(h) makes it clear that nomination paper shall not be filed on a holiday which is a public holiday under Section 25 of the Negotiable Instruments Act, 1881. Since 21st January, 2002 has not been declared as a public holiday under Section 25 of the Negotiable Instruments Act, nominations will have to be accepted by the Returning Officers on that day and their offices will have to be kept open on that day.

263

ITEM NO. 120 Election Commissions letter No.J.S.II dated 25.10.2002 addressed to the Chief Electoral Officers of all States/UTs Subject: The Representation of the People (Amendment) Ordinance. 2002 and the Conduct of Elections (Amendment) Rules. 2002 I am directed to send herewith a copy of the Representation of the People (Amendment) Ordinance, 2002 alongwith a copy of Conduct of Elections (Amendment) Rules 2002, for your information and necessary action. 2.Attention is specifically invited to the newly inserted Sections 33A and 125A in the Representation of the People Act, 1951. In the new Section 33A, it is provided that a candidate, at the time of delivering his nomination papers shall also deliver to the Returning Officer, an affidavit in the prescribed form, giving information as to whether he is accused of any offence punishable with imprisonment for two years or more in a pending case in which charge has been framed by the competent court, and also whether he has been convicted of an offence (other than those mentioned in Section 8 of Representation of the People Act, 1951) and sentenced to imprisonment for one year or more. (The format of the affidavit is given in 'Form 26' newly added to the Conduct of Election Rules, 1961).

Action to he taken by the Returning officer for displaying the

aforesaid information furnished by the candidates is laid down in Sub-Section (3) of the said Section 33A, Section 25A, provides for punishment (with imprisonment for a term upto six months, or with fine, or both for failure to furnish the information required in Section 33A. or for giving false information/concealing any information (in the said Form 26). 3.By the Conduct of Elections (Amendment) Rules. 2002, Forms 2A to 2E appended to the Conduct of Elections Rules, 1961, have been amended to provide for furnishing of information by candidates regarding their conviction, if any, for offences mentioned in Section 8 of the Representation of the People Act. 1951. 4.Copy of the Ordinance and the Amendment Rules may be furnished immediately to all election authorities concerned in your State. This may also be brought to the notice of all political parties in your State. 5.Kindly acknowledge receipt of this letter.

For Form 26 please refer to Manual of Election Law

264

ITEM NO. 121 Election Commission's letter No. 4/2003/JS-II dated 06.02.2003, addressed to the Chief Electoral Officer, Himachal Pradesh and copy forwarded to CEOs of remaining Stats/UTs Subject:

Disqualification for conviction under Section 8 of Representation of the People Act, 1951 -Clarification

I am directed to refer to your message No. 3-42/96-ELN, dated 27-1 -2003, on the above subject. 2.Your attention, in this connection, is invited to the Commission's Order No. 509/Disqln./97/J.S.I, dated 28-8-1997, clarifying that a person convicted of an offence mentioned in Section 8 of the Representation of the People Act, 1951, will continue to be treated as disqualified even if he has filed an appeal or application for revision and has been granted bail during the pendency of such appeal/ revision. Such person will, however, not attract the disqualification in view of the exemption under sub section (4) of Section 8 of Representation of the People Act, 1951, if he was a sitting member of Parliament or of a State Legislature on the date of his conviction and if he has filed an appeal or application for revision against the order of conviction/sentence within three months of his date of conviction and the same is pending disposal by the Court. In such cases, subsequent dissolution of the House/Assembly will not have any adverse effect on the benefit available to the said person under the exemption clause under the said Section 8(4), and the person concerned will not be disqualified under Section 8 till the disposal of the appeal or application for revision. 3.I am also to bring to your notice that the information which was earlier required to be obtained from the candidates regarding cases of conviction for offences under Section 8 through a separate affidavit, prescribed vide the Commission's letter No. 509/Disqln./97-J.S.I, dated 28.8.97, is now covered in the nomination paper itself, by a recent amendment of the Conduct of Elections Rules, 1961. A copy of the amendment notification has already been sent with the Commission's letter No. 3/4/2002/JS-II, dated 25th October, 2002, and the above position has also been clarified to you. The candidates will now be required to file only an affidavit prescribed in Form 26 appended to the Conduct of Elections Rules, 1961.

265

ITEM NO. 122 Election Commission's letter number 3/ER/2003/JS-II dated 27.03.2003 addressed to The Chief Electoral Officers of all States and Union Territories. [Please also refer to Election Commission's letter No.3/ER/2005/JS-II, dated 17.01.2006 (ITEM NO.128)] Subject: Supreme Court's order dated 13th March, 2003 relating to right to information of electors regarding criminal antecedents, assets and liabilities and educational qualifications of candidates - implementation of the order I am directed to say that the Hon'ble Supreme Court of India, by its order dated 13th March, 2003 in Civil Appeal No.490 of 2002 (People's Union for Civil Liberties and another v Union of India) has directed as follows: "xxxxxxxxxxxxxxxxxx "4. The Court has to take a holistic view and adopt a balanced approach in examining the legislation providing for right to information and laying down the parameters of that right. 5.Section 33B inserted by the Representation of the People (3rd Amendment) Act, 2002 does not pass the test of constitutionality firstly for the reason that it imposes blanket ban on dissemination of information other than that spelt out in the enactment irrespective of the need of the hour and the future exigencies and expedients and secondly for the reason that the ban operates despite the fact that the disclosure of information now provided for is deficient and inadequate. 6.The right to information provided for by the Parliament under Section 33A in regard to the pending criminal cases and past involvement in such cases is reasonably adequate to safeguard the right to information vested in the voter/citizen. However, there is no good reason for excluding the pending cases in which cognizance has been taken by Court from the ambit of disclosure. 7.The provision made in Section 75A regarding declaration of assets and liabilities of the elected candidates to the Speaker or the Chairman of the House has failed to effectuate the right to information and the freedom of expression of the voters/citizens. Having accepted the need to insist on disclosure of assets and liabilities of the elected candidate together with those of spouse or dependent children, the Parliament ought to have made a provision for furnishing this information at the time of filing the nomination. Failure to do so has resulted in the violation of guarantee under Article 19(1 )(a). xxxxxxxxxxxxxxxx 9. The Election Commission has to issue revised instructions to ensure implementation of Section 33A subject to what is laid down in this judgment regarding the cases in which cognizance has been taken. The Election Commission's orders related to disclosure of assets and liabilities will still hold good and continue to be operative. However, direction No.4 of para 14 insofar as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or suppressing material information should not be enforced."

266

2. Therefore, in pursuance of the said order dated 13th March, 2003 of the Hon'ble Court, the Commission has made a detailed order on 27th March, 2003, under Article 324 of the Constitution, containing norms and modalities to carry out and give effect to the directions of the Hon'ble Supreme Court reproduced in para 1 above. A copy of the said order bearing No.3/ER/2003/JS.II, dated 27th March, 2003, is forwarded herewith for information and strict compliance by all concerned. 3.A perusal of the Commission's Order will show that the Commission has prescribed, in para 16 of the Order, an affidavit (Annexure-1 to the said Order) which will have to be filed by each candidate at the time of filing his nomination paper for any election to the Council of States, House of the People, Legislative Assembly of a State or Legislative Council of a State. The consequences of failure on the part of the candidate to furnish the said affidavit have also been spelt out clearly in para 16 (3) of the Order. The manner of dissemination of the information furnished by the candidate in the said affidavit has also been specified in paras 16 (4) and 16 (5) of the Order. 4.The copies of the Commission's Order and its Annexure should be immediately supplied to all the District Election Officers, Returning Officers, Assistant Returning Officers and other election authorities concerned. They should get the copies of this Order and its Annexure printed or photocopied in sufficient number and they should supply a copy each of the Order and the format of the affidavit alongwith the form of the nomination paper as and when any intending candidate is supplied with a form of the nomination paper. Failure of any election related officer to do so would be viewed seriously. 5.If any candidate fails to file the said affidavit along with his nomination paper, he shall be reminded to do the needful by the Returning Officer by a written memorandum. A standard draft of such reminder to the candidate is annexed hereto as Annexure-A to this letter. This reminder should be issued immediately to the candidate or his proposer presenting the nomination paper. 6.Copies of this Order should also be supplied to all political parties with a request to bring its contents to the notice of all candidates set up by them. The matter should also be given widest publicity through all media of mass communication, print as well as electronic media. 7.The receipt of the letter may kindly be acknowledged.

267

Annexure-A Memo No._______________________

Dated_______________

From: Returning Officer for__________________ To, (Name of the candidate) Subject: Election to_____________________ f rom constituency________________filing of the required affidavit You have filed your nomination paper for the above election today, but you have not filed, along with your nomination paper, the affidavit prescribed by the Election Commission vide its Order No.3/ER/ 2003/JS-II, dated 27th March, 2003. A copy each of the said Order and the format of the requisite affidavit is enclosed for your ready reference. 2.You are required hereby to furnish the requisite information in the prescribed affidavit, duly sworn before a Magistrate of the First Class or a Notary Public or Oath Commissioner appointed by the High Court. 3.It should be noted that the requisite affidavit must be furnished by you immediately and positively before ______ hrs. on ______ (time and date fixed for scrutiny of nominations). 4.You may also note the consequences of not filing the requisite affidavit as explained in para 16(3) of the above referred Order of the Commission. (Returning Officer)

268

ITEM NO. 123 Election Commission's order no. 3/ER/2003/JS-II dated 27.03.2003 Subject: Supreme Court's order dated 13th March, 2003 relating to right to information of electors regarding criminal antecedents, assets and liabilities and educational qualifications of candidates - implementation of the order ORDER 1.Whereas, the superintendence, direction and control, inter alia, of all elections to Parliament and to the Legislature of every State are vested in the Election Commission by Article 324 (1) of the Constitution of India; 2.And whereas, the Hon'ble Supreme Court of India had, by its order dated 2nd May, 2002, in Civil Appeal No. 7178 of 2001 - Union of India Vs Association for Democratic Reforms and another, held as follows: "(1) The jurisdiction of the Election Commission is wide enough to include all powers necessary for smooth conduct of elections and the word 'elections' is used in a wide sense to include the entire process of election which consists of several stages and embraces many steps. (2)The limitation on plenary character of power is when the Parliament or state legislature has made a valid law relating to or in connection with elections, the Commission is required to act in conformity with the said provisions. In case where law is silent, art 324 is a reservoir of power to act for the avowed purpose of having free and fair election. Constitution has taken care of leaving scope for exercise of residuary power by the Commission in its own right as a creature of the Constitution in the infinite variety of situations that may emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipated by the enacted laws or the rules. By issuing necessary directions Commission can fill the vacuum till there is legislation on the subject. In Kanhiya Lal Omar's case (AIR 1986 SC 111), the court construed the expressions 'superintendence, direction and control' in art 324(1) and held that a direction may mean an order issued to a particular individual or a precept which may have to follow and it may be a specific or a general order and such phrase should be construed liberally empowering the Election Commission to issue such orders. (3)The word 'elections' includes the entire process of election which consists of several stages and it embraces many steps, some of which have an important bearing on the process of choosing a candidate. Fair election contemplates disclosure by the candidate of his past including the assets held by him so as to give a proper choice to the candidate (sic) (elector) according to his thinking and opinion. As stated earlier, in Common Cause case [(1996) 2 SCC 752], the court dealt with a contention that elections in the country are fought with the help of money power which is gathered from black sources and once elected to power, it becomes easy to collect tons of black money, which is used for retaining power and for re-election. If on affidavit a candidate is required to disclose the assets held by him at the time of

269

election, voter can decide whether he could be re-elected even in case where he has collected tons of money. XXX XXX (4)To maintain the purity of elections and in particular to bring transparency in the process of election, the Commission can ask the candidates about the expenditure incurred by the political parties and this transparency in the process of election would include transparency of a candidate who seeks election or re-election. In a democracy, the electoral process has a strategic role. The little man of this country would have basic elementary right to know full particulars of a candidate who is to represent him in Parliament where laws to bind his liberty and property may be enacted. (5)The right to get information in democracy is recognized all throughout and it is natural right flowing from the concept of democracy. At this stage, we would refer to art 19(1) and (2) of the International Covenant of Civil and Political Rights which is as under:(1)Everyone shall have the right to hold opinions without interference. (2)Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (6)Cumulative reading of plethora of decisions of this court as referred to, it is clear that if the field meant for legislature and executive is left unoccupied detrimental to the public interest, this court would have ample jurisdiction under art 32 read with arts 141 and 142 of the Constitution to issue necessary directions to the executive to subserve public interest. (7)Under our Constitution, Art 19(1 )(a) provides for freedom of speech and expression. Voters' speech or expression in case of election would include casting of votes that is to say, voter speaks out or expresses by casting vote. For this purpose, information about the candidate to be selected is must. Voter's (little man-citizen's) right to know antecedents including criminal past of his candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy. The little man may think over before making his choice of electing law breakers as law makers."; 3. And whereas, the Hon'ble Supreme Court, by its aforesaid order dated 2nd May, 2002, had directed as follows: "The Election Commission is directed to call for information on affidavit by issuing necessary order in exercise of its power under art 324 of the Constitution of India from each candidate seeking election to Parliament or a state legislature as a necessary part of his nomination paper, furnishing therein, information on the following aspects in relation to his/her candidature:(1)Whether the candidate is convicted/acquitted/ discharged of any criminal offence in the past-if any, whether he is punished with imprisonment or fine?

270

(2)Prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the court of law. If so, the details thereof. (3)The assets (immovable, movable, bank balances etc) of a candidate and of his/her spouse and that of dependents. (4)Liabilities, if any, particularly whether there are any over dues of any public financial institution or government dues. (5)The educational qualifications of the candidate." 4.And whereas, the Hon'ble Supreme Court, in its aforesaid order dated 2nd May, 2002, further observed that 'the Election Commission has from time to time issued instructions in order to meet with the situation where the field is unoccupied by the legislation' and had further directed that 'the norms and modalities to carry out and give effect to the aforesaid directions should be drawn up properly by the Election Commission as early as possible and in any case within two months'; 5.And whereas, the Election Commission had, in pursuance of the above referred Judgment and Order dated 2nd May, 2002 of the Hon'ble Supreme Court and in exercise of the powers, conferred on it by Article 324 of the Constitution, directed by an Order dated 28th June, 2002, inter alia, in para 14 of the said Order as follows:"(1) Every candidate at the time of filing his nomination paper for any election to the Council of States, House of the People, Legislative Assembly of a State or the Legislative Council of a State having such a council, shall furnish full and complete information in regard to all the five matters, specified by the Hon'ble Supreme Court and quoted in para 5 above (reproduced in para 3 herein), in an affidavit, the format whereof is annexed hereto as Annexure-1 to this order. (2)The said affidavit by each candidate shall be duly sworn before a Magistrate of the First Class or a Notary Public or a Commissioner of Oaths appointed by the High Court of the State concerned. (3)Non-furnishing of the affidavit by any candidate shall be considered to be violation of the order of the Hon'ble Supreme Court and the nomination of the candidate concerned shall be liable to rejection by the returning officer at the time of scrutiny of nominations for such non- furnishing of the affidavit. (4)Furnishing of any wrong or incomplete information or suppression of any material information by any candidate in or from the said affidavit may also result in the rejection of his nomination paper where such wrong or incomplete information or suppression of material information is considered by the returning officer to be a defect of substantial character, apart from inviting penal consequences under the Indian Penal Code for furnishing wrong information to a public servant or suppression of material facts before him: Provided that only such information shall be considered to be wrong or incomplete or amounting to suppression of material information as is capable of easy verification by the returning officer by reference to documentary proof adduced before him in the summary inquiry conducted by him at the time of scrutiny of nominations

271

under section 36 (2) of the Representation of the People Act 1951, and only the information so verified shall be taken into account by him for further consideration of the question whether the same is a defect of substantial character. (5) The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the respective returning officers by displaying a copy of the affidavit on the notice board of his office and also by making the copies thereof available freely and liberally to all other candidates and the representatives of the print and electronic media. (6) If any rival candidate furnishes information to the contrary, by means of a duly sworn affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate concerned in the manner directed above."; 6.And whereas, the President of India promulgated the Representation of People (Amendment) Ordinance, 2002 (No.4 of 2002) on the 24th August, 2002 further to amend the Representation of the People Act, 1951 inserting Sections 33A and 33B and 125A and amending Section 169 of the Representation of the People Act, 1951; 7.And whereas, by virtue of Section 33B of the said Ordinance, the Order of the Election Commission dated the 28th June, 2002, was rendered ineffective and the said Section 33B read as under:"Section 33B.- Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder."; 8.And whereas, the Government of India by notification dated 3rd September, 2002 amended the Conduct of the Elections Rules, 1961 to give effect to the said Ordinance; 9.And whereas, the Association for Democratic Reforms, People's Union for Civil Liberties, and Lok Satta, filed three separate writ petitions before the Hon'ble Supreme Court of India challenging the constitutional validity of the Presidential Ordinance dated 24th August, 2002; 10.And whereas, the by Notification dated the 28th December, 2002, the Representation of the People Act, 1951 was amended by the Representation of the People (Third Amendment) Act, 2002 which substituted the aforesaid Ordinance dated 24th August, 2002; 11.And whereas, the said petitioners filed applications to treat the said writ petitions as challenging the constitutional validity of the Representation of the People (Third Amendment) Act, 2002; 12.And whereas, the Hon'ble Supreme Court in its order/judgment, dated the 13th March, 2003 declared Section 33B of the Amended Act as illegal, null and void; 13.And whereas, the following directions were issued in the Judgment of Hon'ble Mr. Justice RV. Reddi, which was concurred by Mr. Justice D.M. Dharmadhikari:-

"xxxxxxxxxxxx

272

"The right to information provided for by the Parliament under Section 33A in regard to the pending criminal cases and past involvement in such cases is reasonably adequate to safeguard the right to information vested in the voter/citizen. However, there is no good reason for excluding the pending cases in which cognizance has been taken by Court from the ambit of disclosure."

Xxxxxxxxxxxx "The Election Commission has to issue revised instructions to ensure implementation of Section 33A subject to what is laid down in this judgment regarding the cases in which cognizance has been taken. The Election Commission's orders related to disclosure of assets and liabilities will still hold good and continue to be operative. However, direction No.4 of para 14 insofar as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or suppressing material information should not be enforced."; 14. And whereas, the Judgment of Hon'ble Mr. Justice M.B. Shah, also held that Section 33B was illegal, null and void and further that the Election Commission would be required to revise its instructions in the light of the directions therein as under:"It is true that the aforesaid directions issued by the Election Commission is not under challenge but at the same time Prima facie it appears that the Election Commission is required to revise its instructions in the light of directions issued in Association for Democratic Reforms case (supra) and as provided under the Representation of the People Act and its 3rd Amendment."; 15.And whereas, by virtue of the Judgment dated the 13th March, 2003 of the Supreme Court declaring Section 33B of the Representation of the People Act, 1951 to be illegal, null and void, the earlier instructions of the Election Commission dated 28th June, 2002 would continue to be operative subject to the aforementioned directions of the Supreme Court, and are therefore required to be revised and reissued; 16.Now, therefore, the Election Commission, in pursuance of the above referred order dated 13th March, 2003, of the Hon'ble Supreme Court and in exercise of the powers, conferred on it by Article 324 of the Constitution, of superintendence, direction and control, inter alia, of conduct of elections to Parliament and State Legislatures, hereby issues, in supersession of its earlier order dated 28th June, 2002, its revised directions as follows: (1)Every candidate at the time of filing his nomination paper for any election to the Council of States, House of the People, Legislative Assembly of a State or the Legislative Council of a State having such a council, shall furnish full and complete information in regard to the matters specified by the Hon'ble Supreme Court and quoted in paras 13 and 14 above, in an affidavit, the format whereof is annexed hereto as Annexure-1 to this order. (2)The said affidavit by each candidate shall be duly sworn before a Magistrate of the First lass or a Notary Public or a Commissioner of Oaths appointed by the High Court of the State concerned. (3)Non-furnishing of the affidavit by any candidate shall be considered to be violation of the order of the Hon'ble Supreme Court and the nomination of the candidate concerned shall

273

be liable to rejection by the returning officer at the time of scrutiny of nominations for such non-furnishing of the affidavit. (4)The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the respective returning officers by displaying a copy of the affidavit on the notice board of his office and also by making the copies thereof available freely and liberally to all other candidates and the representatives of the print and electronic media. (5)If any rival candidate furnishes information to the contrary, by means of a duly sworn affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate concerned in the manner directed above. 17.For the removal of doubt, it is hereby clarified that the earlier direction contained in para 14 (4) of the earlier order dated 28th June, 2002, in so far as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper on the ground of furnishing wrong information or suppressing material information is not enforceable in pursuance of the order dated 13th March, 2003 of the Apex Court. It is further clarified that apart from the affidavit in Annexure-1 hereto referred to in para 16(1) above, the candidate shall have to comply with all the other requirements as spelt out in the Representation of the People Act, 1951, as amended by the Representation of the People (Third Amendment) Act, 2002, and the Conduct of Elections Rules, 1961, as amended by the Conduct of Elections (Amendment) Rules , 2002. 18.In so far as elections to the Legislative Assembly and Legislative Council of the State of Jammu and Kashmir are concerned, the directions of the Election Commission contained in the preceding para 16 shall be deemed to have been issued under the provisions of section 138 of the Constitution of Jammu and Kashmir which are akin to Article 324 ( 1 ) of the Constitution of India and vest the superintendence, direction and control of the conduct of all elections to either House of the Legislature of that State in the Election Commission. 19.All Returning Officers shall ensure that the copies of affidavit prescribed herein by the Commission shall be delivered to the candidates along with the forms of nomination papers as part of the nomination paper.

Annexure-I Affidavit to be furnished by candidate along with nomination paper

Before the Returning Officer for election to__________________________________________ (name of the House) from____________________________constituency( name of the constituency) I,______________________________, son/daughter/wife of_____________________________ aged___________years, resident of____________________________________________, candidate

274

at the above election, do hereby solemnly affirm and state on oath as under:(Strike out whichever not applicable]

(1) The following case(s) is/are pending against me in which cognizance has been taken by the court:(i)

Section of the Act and description of the offence for which cognizance

taken : (ii)

The Court which has taken cognizance:

(iii) (iv)

Case No. : Date of order of the Court taking cognizance:

(v) Details of appeal(s) / application(s) for revision, etc., if any, filed against above order taking cognizance: That I give herein below the details of the assets (immovable, movable, bank balance, etc.) of myself, my spouse and dependents*: A.

Details of movable assets (Assets in joint name indicating the extent of joint ownership will also have to be given)

SN

Description

Self Spouse Etc.

Names

Names

(Dependent-1) (Dependent-2) (Dependent-3) Names Cash 1Deposits in banks, Financial Institutions and Non-Banking Financial Companies 2Bonds, Debentures and Shares in companies 3Motor Vehicles (details of make, etc.) 4Other Financial instruments NSS, Postal Savings, LIC, Policies, etc. 5Motor Vehicles (details of make, etc.) 6Jewellery (give details of weight and value) 7Other assets, such as values of claims / interests

275

Names

Note: Value of Bonds / Shares / Debentures as per the latest market value in Stock Exchange in respect of listed companies and as per books in the case of non listed companies should be given. * Dependent here means a person substantially dependents on the income of the candidate.

B.

Details of Immovable assets

[Note: Properties in joint ownership indicating the extent of joint ownership will also have to be indicated] SN

Description

Self Spouse Etc.

Names

Names

Names

(Dependent-1) (Dependent-2) (Dependent-3) Names 1.Agricultural LandLocation(s) - Survey number(s)- Extent (Total measurement)- current market value 2.Non-Agricultural Land Location(s)-Survey number(s)Extent (Total measurement)current market value 3.Buildings (commercial and residential)- Location(s)Survey/ door number(s)Extent (Total measurement)current market value 4.Houses / Apartments, eta- Location(s)- Survey / door number(s)- Extent (Total measurement)current market value 5.Others (such as interest in property) I give herein below the details of my liabilities / over dues to public financial institutions and government dues: [Note: Please give separate details for each item] SN Description Description

Name and Address of Bank / Financial

276

Amount Outstanding

Institution(s) / Department(s) A(i)

Loans from Banks

ii

Loans from financial institutions

iii

Government dues (other than income tax and wealth tax) (No Due Certificate to be enclosed in case holding or having held any public office)

BI

as on

Income Tax including surcharge [Also indicate the assessment year upto which Income Tax Return filed. Give also Permanent Account Number (PAN)]

Ii

Wealth Tax [Also indicate the assessment year upto which Wealth Tax return filed.]

Iii

Sales Tax [Only in case of proprietary business] Property Tax 4) My educational qualifications are as under :(GIVE DETAILS OF SCHOOL AND UNIVERSITY EDUCATION) (Name of School / University and the year in which the course was completed should also be given.)

DEPONENT VERIFICATION I, the deponent above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief; no part of it is false and nothing material has been concealed there from. Verified at......................this the.......................day of........................,200........ DEPONENT

277

ITEM NO. 124 Election Commission's letter No.: 509/1/2005/JS-I, dated 14.01.2005 addressed to the Chief Secretaries/Chief Electoral Officers of all States/Union Territories Subject: PIL matter before Patna High Court regarding absconders contesting elections (CWJC No. 7252/2004-The India Medical Association Vs. State Govt. and others). I am directed to forward herewith a copy of the order dated 7.1.2005 of the Hon’ble Patna High Court in the above cited matter for information and strict compliance. It may be noted that the Hon’ble Patna High Court has directed Police Officers Incharge to be present at the time of nomination in the offices of Returning Officers/Assistant Returning Officer, and if absconders/persons against whom arrest warrant is pending, come to file nomination, such persons should be arrested while permitting them to file their nomination. The directions of the Hon’ble High Court should be complied at all elections. Kindly acknowledge the receipt.

278

ITEM NO. 125 Election Commission's letter No.: 509/5/2005-JS.I, dated 14.01.2005 addressed to the Chief Secretaries/Chief Electoral Officers of all States and Union Territories Subject: Representation of the People Act, 1951- Sections 8(3) and 8(4) Interpretation thereof by the Supreme Court of India – CA No. 8213 of 2001 with Civil Appeal No. 6691 of 2002 – Forwarding of Judgment dated 11.1.2005 of the Hon’ble Court– Reg. I am directed to forward herewith a copy of the judgment of the Hon’ble Supreme Court of India dated 11.1.2005 in the matter cited above. 2.

It may be noted that the Hon’ble Supreme Court in the above judgment has, inter-alia,

held that : (i)

in the case of conviction of a person for more than one offence, in a common trial and with the sentences of imprisonment to run consecutively, for the purposes of Section 8(3) of the Representation of the People Act, 1951, the period of sentences of imprisonment for each offence should be added and if the total length of time for which a person has been ordered to remain in prison consequent upon such conviction and sentences is two years or more, the convicted person shall be disqualified

under the said Section 8(3)of the

Representation of the People Act, 1951; (ii)

the protection given under sub-section (4) of Section 8 of RP Act 1951 to a sitting member of Parliament or State Legislature from incurring disqualification will be available only so long as the House to which he belongs continues to exist and the person continues to be a member of that House.

3.

You are requested to bring the above order of the Hon’ble Supreme Court to

the notice of all returning officers and other authorities concerned for strict compliance in future. Where elections are in progress now, this should be brought to the notice of all Returning Officers immediately and in any case before the date of scrutiny of nominations. 4.

In this context, it may be clarified that the interpretation placed by the Hon’ble

Supreme Court on the provision of Section 8(3) of the Representation of the People Act, 1951 would be equally applicable to the provision of Section 8(2) of the said Act. 5.

Further, to remove any ambiguity, it is also clarified in conformity with the

above decision of the Hon’ble Supreme Court, that if any sitting MLA or MP, who is presently protected under Section 8(4) of the said Act till the dissolution of the existing House to which

279

he belongs, files his nomination for any election held subsequent to his conviction, either for constituting a new House on the dissolution of the existing House or even for a bye election to an existing House, he shall not get the protection of the said Section 8(4) and he shall be deemed to be disqualified under Section 8(1), 8(2) or 8(3) of the Act, as may be applicable to him. 6.

The receipt of this letter may kindly be acknowledged and copy of instruction

issued in this behalf to the Returning Officers, etc. may be endorsed to the Commission for its information and record.

280

ITEM NO. 126 Election Commission's letter No.509/5/2005-JS.I, dated 20.01.2005 addressed to the Chief Secretaries/Chief Electoral Officers of all States and Union Territories Subject: Judgment dated 11.1.2005 of the Hon’ble Supreme Court regarding interpretation of Section 8(3) and 8(4) - clarification. I am directed to invite a reference to the Commission’s letter of even number, dated 14.1.2005 in the above matter. It has been brought to the notice of the Commission that there is some confusion regarding the position explained in paragraph 5 of the said letter. To remove any doubt in the interpretation, the words “on the dissolution of the existing House” appearing in lines 5 and 6 of the said paragraph may be treated as deleted. The interpretation, as explained in the said paragraph is that protection under paragraph 8(4) would be available to a sitting MP/MLA only for the membership of the House to which he/she belongs on the date of conviction, and not for any future election. This may kindly be brought to the notice of all concerned.

281

ITEM NO. 127 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officer, Bihar Subject :

Restriction on number of vehicles and people at the time of nominations

The Commission has been concerned about the general order in the offices of Returning Officers at the time of filing of nominations. Some of the Returning Officers have expressed a desire that the Commission may issue necessary directions to regulate the number of vehicles & people at the time of nominations. The Commission after considering the issue carefully has decided to issue following directions.

All DEOs may inform various political parties and interest groups that the maximum number of vehicles that will be allowed to come within the periphery of 100 mtrs. of ROs / AROs office shall be three and maximum number of persons that will be allowed to enter the office of ROs/ AROs at the time of filing nomination shall be candidate plus number of proposers as prescribed by law plus four other individuals. The expenditure on the vehicles that will be coming along with the candidate at the time of filing nominations shall be taken into account for calculating his expenditure if he remains in fray.

282

ITEM NO. 128 Election Commission's letter No.3/ER/2005/JS-II, dated 17.01.2006 addressed to the Chief Electoral Officers of all States and Union Territories Subject: Affidavits to be furnished by candidates alongwith nomination papers regarding. I am directed to invite your attention to the Commission's Order dated 27-32003, wherein the Commission prescribed the format of affidavit in which the candidates are required to disclose information relating to pending criminal cases, assets, liabilities and educational qualifications. 2.

In the Commission's covering letter No.3/ER/2003/JS-II, dated 27-3-2003, forwarding

the above referred order, it was mentioned that if any candidate does not file the affidavit at the time of submitting the nomination papers, the Returning Officer shall give a notice to the candidate (in the format annexed to the said letter) pointing out the requirement of filing affidavit, and advising the candidate to file the affidavit before the time fixed for scrutiny of nomination papers. The other affidavit required to be filed by candidates (in Form 26) is also, by practice and for convenience, being permitted to be filed upto the time fixed for scrutiny of nominations. 3.The Hon'ble Madras High Court, in its judgment dated 2-8-2005 in Election Petition Nos.1 & 2 of 2004 has observed that filing the said affidavits by the last date and hour fixed for filing of nomination papers would be permissible. 4.The Commission, has accordingly reviewed the instructions referred to above and decided that the two affidavits (one in Form 26 and the other in the format prescribed by the Commission vide the abovementioned order dated 27-3-2003) should be filed latest by 3.00 p.m. on the last date of filing nominations.

This is in consonance with the

observation of the Madras High Court mentioned in para 3 above and also with the letter and spirit of Section 33A of Representation of the People Act, 1951 and the directions in the judgment of the Hon'ble Supreme Court in Civil appeal No.490/2002. The failure to submit the affidavits by the aforesaid date and time will be considered a defect of substantial nature entailing rejection of the nomination paper at the time of scrutiny. 5.

The format of written memorandum to remind the candidates regarding filing of

affidavits referred to in para 2 above, has also been suitably amended in accordance with the above decision. The revised format of the reminder is annexed hereto as Annexure -A. The reminder, should be issued to the candidate wherever required, should be issued to the

283

candidate or the proposer who filed the nomination papers n behalf of the candidate, immediately after the nomination paper is submitted. 6.

The above instructions may be brought to the notice of all the Returning Officers,

District Election Officers and also all Political Parties in your State -- both recognized and unrecongnized. 7.

The instructions in Chapter V, paragraph 20.1 of the Handbook for Returning Officers

2004, shall be deemed to have been amended to the above effect. 8.

Kindly acknowledge receipt and intimate action taken in the matter.

Annexure-A Memo No._______________________

Dated_______________

From: Returning Officer for__________________ To, _____________________ (Name of the candidate) Subject: Election to_____________________from constituency_________________filing of the required affidavit You have filed your nomination paper for the above election today, but you have not filed, along with your nomination paper, the affidavit prescribed by the Election Commission vide its Order No.3/ER/ 2003/JS-II, dated 27th March, 2003. A copy each of the said Order and the format of the requisite affidavit is enclosed for your ready reference. You are required hereby to furnish the requisite information in the prescribed affidavit, duly sworn before a Magistrate of the First Class or a Notary Public or Oath Commissioner appointed by the High Court. It should be noted that the requisite affidavit must be furnished by you immediately and positively before ______ hrs. on ______ (time and date fixed for scrutiny of nominations). You may also note the consequences of not filing the requisite affidavit as explained in para 16(3) of the above referred Order of the Commission. (Returning Officer)

284

B. POSTAL BALLOT FACILITY

285

ITEM NO. 129 Election Commission's letter No. 52/1/84, dated 06.11.1984 to all Chief Electoral officers and Ministry of External Affairs, New Delhi. Subject: General Elections/Bye - elections - Dispatch of postal ballot papers to persons residing in Indian Missions abroad I am directed to say that in order to avoid delay and ensure prompt delivery of postal ballot papers for general/bye elections to persons serving in Indian Missions abroad and their wives whose names registered in the last part of the electoral rolls, the Ministry of External Affairs has already agreed in 1979 to send the postal ballot papers through Diplomatic Bags to all Indian Missions abroad. I am accordingly to request that all the Returning Offices of Parliamentary/Assembly constituencies may be advised to dispatch the postal ballot papers for voters serving in Indian Missions abroad and their wives through the Ministry of External affairs. Every cover containing the postal ballot papers should bear clear and full particulars of the name of the voter, the Mission where it is to be sent, and it should be addressed to C/o the Ministry of External Affairs, New Delhi, as indicated below:"Shri/Smt..................................................................................................... (name officer/his wife Embassy of India)............................................................................ (Name Capital).................................................................................................................. (Name Country) C/o The Ministry of External Affairs, New Delhi-110 011".

of of of

The Returning Officers may accordingly be instructed immediately to dispatch well in time all postal ballot papers intended for persons working in Indian Missions abroad and their wives, to the Ministry of External Affairs, New Delhi, as indicated above. This may be treated as standing instructions. This supersedes the earlier directions issued vide Commission's letter No. 24/79, dated the 1st December, 1979: The receipt of this letter may kindly be acknowledged. 1.Copy forwarded for information and necessary action to the Secretary to the Government of India, Ministry of External Affairs, and New Delhi. It is requested that a daily record may please be maintained as to the number of postal ballot papers received in the Ministry and the number dispatched by diplomatic bags. This will help in studying the usefulness of this procedure. 2.Copy to the Secretary to the Government of India, Ministry of Law, Justice and Company Affairs (Legislative Department) New Delhi.

286

ITEM NO. 130 Election Commission letter No. 52/1/84, dated the 07.11.1984 to Ministry of Home Affairs, Ministry of Shipping and Transport (Border Roads Development Board) and Ministry of Defense and all Chief Electoral Officers. Subject: General/Bye-elections - Dispatch of postal ballot papers for Armed Forces Personnel - Assam Rifles - Central Reserve Police - Members of Armed Reserve Police -Members of Armed Police of Force of a State serving outside the State B.S.F. - Indo Tibetan Border Police Force - Central Industrial Security Force etc. I am directed to say that it has come to the notice of the Commission that a number of postal ballot papers dispatched to the voters belonging to the Forces mentioned above are received back undelivered by the Returning Officers concerned or received back by the Returning Officers after the due time and date. Consequently, a big chunk of these service voters - say more than 50 percent - are being deprived of their right of franchise. 2.The cause of such non-delivery or delayed delivery of postal ballot papers appears to be the incorrect and incomplete addresses of the voters given in the electoral rolls, or delay in transmitting postal ballot papers to them on account of the service voters being stationed in forward areas or in units different from those indicated in the electoral rolls. The electoral authorities are rendered helpless in such a situation unless the concerned Record Officers/ Commandants take initiative to adopt effective ways and means to make the system work effectively. 3.The Commission feels that to remedy the situation, as far as practicable, the Ministry concerned should issue suitable standing instructions to the Departments or Record Offices or Commandants concerned to periodically report authenticated changes in the addresses of the voters to concerned Chief Electoral Officers well before the announcement of elections so that the postal ballot papers sent to them are duly delivered at correct addresses. 4.In case, that is not possible because of frequent shifting of the units or personnel at short notice, the Record Officers may explore the possibility of using their special courier service to deliver the postal ballot papers to service voters in forward areas and bring them back after duly observing the procedure and thereafter forward the envelopes from Record Offices to the concerned Returning Officers so as to reach them before the commencement of counting in the constituency. 5.Such instructions should also be repeated every time whenever general election either to the Lok Sabha or State Legislative Assemblies are announced. 6.Now that the general election to Lok Sabha and to some of the State Legislative Assemblies are round the corner, the Ministries concerned are requested to issue immediate instructions to the Departments, Record Offices and Commandants and other agencies concerned as the case may be, to intimate the Chief Electoral Officers concerned changes in the addresses of the voters belonging to the Forces mentioned above, enabling the Returning Officers to dispatch postal ballot papers at the correct addresses.

287

7.Ministers are also requested to issue standing instructions, as desired above, for intimating to the Chief Electoral Officers the changes in the addresses of the said voters, periodically say once in 6 months. 8.However, before every general election, the lists of addresses in the electoral rolls should be verified and changes, if any, intimated to the Chief Electoral Officers concerned, well in time, for issue of postal ballot papers. 9.A copy of the instructions issued in this connection may also kindly be forwarded to the Commission for its record. 10.The receipt of this letter may be acknowledged. The Chief Electoral Officers of all States and Union Territories are requested to take immediate steps to ascertain changes in the addresses of the voters of the Forces mentioned above from the authorities concerned and on receipt of the same, it may be passed on to the District Election Officer/ Electoral Registration Officer concerned to make necessary changes in the addresses, and to update the electoral rolls. They are requested to acknowledge receipt of this letter.

288

ITEM NO. 131 Election Commission's Message No. 3/ER/96/JUD-II, dated 18.09.1997 addressed to Chief Electoral Officers, Assam, Dispur. and Repeated to Chief Electoral officers of all other States and Union Territories. SUBJECT: ORDER OF ARRANGEMENT OF NAMES ON POSTAL BALLOT TO BE SAME AS IN FORM 7A (LIST OF CONTESTING CANDIDATES) REFERENCE YOUR FAX MESSAGE DATED 1 7TH SEPTEMBER, 1996 (.) ATTENTION IN THIS CONNECTION IS INVITED TO SUB-RULE (2) OF RULE 30 OF THE CONDUCT OF ELECTIONS RULES, 1961 WHICH PROVIDES THAT "THE NAMES OF THE CANDIDATES SHALL BE ARRANGED ON THE BALLOT PAPER IN THE SAME ORDER IN WHICH THEY APPEAR IN THE LIST OF CONTESTING CANDIDATES" (.) 2. AS PER REVISED FROM 7A - LIST OF CONTESTING CANDIDATES-NAME OF THE CANDIDATES HAVE TO BE ARRANGED UNDER THREE CATEGORIES I.E. (I) CANDIDATES OF RECOGNISED NATIONAL AND STATE POLITICAL PARTIES, (II) CANDIDATES OF REGISTERED POLITICAL PARTIES (OTHER THAN RECOGNISED NATIONAL

AND

STATE

POLITICAL

PARTIES),

(III)

OTHER

CANDIDATES

(.)

THEREFORE NAMES OF CANDIDATES HAVE TO BE ARRANGED ON THE BALLOT PAPERS IN THE SAME ORDER UNDER THESE CATEGORIES IN ALPHABETICAL ORDER OF NAMES IN EACH CATEGORY HOWEVER THE ABOVE MENTIONED THREE CATEGORY HEADINGS AS GIVEN IN THE REVISED FROM 7A SHOULD NOT REPEAT NOT APPEAR ON THE BALLOT PAPERS (.)

289

ITEM NO. 132 Election Commission's letter No. 576/3/98/JS-II dated 12-10-1998 addressed to 1. Secretary to the Govt. of India, Ministry of Home Affairs, North Block, New Delhi 2. Chief Secretaries of all States & UTs. Subject: Protection of voting rights of electors subjected to preventive detention I am directed to draw your attention to the subject of voting rights of electors subjected to preventive detention. 2.Proviso of Sub-section (5) of Section 62 of Representation of the People Act, 1951 confers voting right on the electors subjected to preventive detention. As per Rule 18 of C.E. Rules, 1961, the electors on preventive detention are entitled to cast their votes by post. 3.In this connection, your attention is invited to Rule 21(1) of C.E. Rules, 1961 which provides that the appropriate Govt. shall intimate to the Returning Officers, the names of the electors, if any, subjected to preventive detention together with their addresses, electoral roll numbers and places of detention, within fifteen days of calling an election. This will enable the Returning Officers to send postal ballot papers to such electors to facilitate the exercising of their franchise at the election. 4.The Commission desires that instructions be issued to the concerned authorities to ensure that the provisions of Rule 21 (1) of Conduct of Elections Rules, 1961 mentioned above are strictly complied with at future elections and there is no ground for any grievance on account of non-compliance of the provisions of the said Rule. 5.Kindly acknowledge receipt.

290

ITEM NO. 133 Election Commission's letter No. 464/Inst/98/PLN-I dated 02.11.1998 addressed to CEOs of all States and UTs Subject: Scheme to streamline the postal ballot system for voters on election duty, etc. I am directed to say that the Commission has devised a Scheme to Streamline the postal ballot system for voters on election duty etc., so that they are able to exercise their franchise more smoothly and effectively. A copy of that Scheme is enclosed : 2.The Commission directs that the Scheme should be implemented at the current general elections and various bye elections for which the poll is scheduled to be taken on 25th November, 1998. Therefore, the scheme should be immediately circulated to all DEOs, ROs and all other election authorities concerned in the matter for implementation and strict compliance. 3.The salient features of the Scheme are as follows:(a)The design of all postal ballot papers for all categories of persons entitled to vote by post, viz. service voters, special voters, voters on election duty and persons under preventive detention, shall hereafter be Common. In other words, the form of postal ballot papers for all categories shall be the same as was previously used for the service voters. (b)The Commission has no objection for the printing of the postal ballot papers in private printing presses, if arrangements for expeditious printing of these postal ballot papers is not possible in the Government presses. However, It must be ensured that fool proof security arrangement are made at such private presses and these ballot papers are printed under strict watch of a responsible officer, preferably, an Assistant Returning Officer. (c)The DEO/RO/CEO should make every effort to issue the postal ballot paper (along with the relevant accompanying forms and envelopes in Forms 13A, 13B, 13C and 13D), to every elector on election duty who makes an application in Form 12 for the purpose, as expeditiously as possible after receipt of that application. However, as the marked copy of the electoral roll has to be prepared by the RO, quite in advance of the date of poll, for supply to the Presiding Officers of all polling stations, the supply of postal ballot papers should be completed in all cases, at least three days before the date of poll. (d)To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box with secure locks in his office, so that persons on election duty and other who have received Postal Ballot Papers may come and drop in that box their marked ballot papers in the sealed covers (provided to each elector along with the Postal Ballot Paper). (e)Every day, a designated officer should take out the contents of the box, make necessary entries in the Register maintained for the purpose, keep the Register and the sealed covers of Postal Ballot Papers under proper lock and key. The receipt of this letter shall be acknowledged.

291

SCHEME FOR POSTAL BALLOT PAPERS FOR VOTERS ON ELECTION DUTY Subject: Persons on Polling Duty - Facility to Vote by post - Improvements Under the provisions of Rule 18 of the Conduct of Elections Rules, 1961: "Voters on election duty" are entitled to vote by post. As per Rule 17 (c) of the said Rules "Voters on election duty" are :1.Any polling agent 2.Any polling officer 3.Presiding Officer, or 4.Other public servant who is an elector in the constituency and is by reason of his being on election duty unable to vote at the polling station where he is normally entitled to vote. Apart from polling personnel, Police Personnel on election duty are also treated as voters on election duty. Observers appointed by the Commission are also treated as voters on election duty. The facility of voting by post is also extended to the drivers, helpers, cleaners, etc., actually employed on vehicles requisitioned for election purposes as they are treated as voters on election duty, vide Commission's instructions in Chapter-X, page -64, ROs Handbook - 1998. EXISTING METHOD OF VOTING Under the existing rules, there are two options available for the persons on election duty to vote. One method is to vote at the polling station where they are put on duty by obtaining "EDC" (Election Duty Certificate) from the R.O. For this facility, the person concerned shall be an elector in the same constituency. [But this facility is not available to polling agents of candidates]. The second method is to obtain a Postal Ballot paper and to vote by post. This second option is available to all voters on election duty, whether they are put on duty outside the constituency where they are registered as electors, or inside such constituency. SCHEME FOR STREAM-LINE THE VOTING METHOD FOR VOTERS ON ELECTION DUTY BY MEANS OF POSTAL BALLOT PAPERS All Persons on Election Duty to apply for Postal Ballot Paper: Under the present system, duty to Polling persons is assigned by the method of random selection and normally the persons are assigned duty out side their constituencies, but within the same district. Further, the persons on polling duty come to know about the place of duty only at the last moment. Therefore, applications for "EDC" from those who may be put on duty in their own constituencies can get delayed considerably. Hence to enable all persons on polling duty to exercise their franchise, they all may be asked to apply for and obtain Postal Ballot Papers for voting. Under the law, there is no bar to vote by post,

292

even if the person is put on duty in the same constituency where he is registered as an elector.

Changes in Format of Postal Ballot Paper Rule 22(1) of the Conduct of Elections Rules, 1961 lays down the Form and particulars of Postal Ballot Papers as follows : "22. Form of ballot paper - (1) Every Postal Ballot Paper shall have a counterfoil attached thereto, and the said ballot paper and its counterfoil shall be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct." Under the said provisions, the Commission has prescribed two different forms for the "Postal Ballot Papers" - one for "Service Electors" and the other for "persons on polling duty", "Special Voters", and "Voters under preventive detention". The major difference between these two sets of postal ballot papers is that on the Postal Ballot Paper for service personnel, election "symbols" are not printed, only party affiliation of the candidates is mentioned (Sample at Appendix-i). The Postal Ballot Paper for the other categories (like voters on election duty) is of the same design as the ordinary ballot papers to be used at polling stations, except that the words "Postal Ballot Paper" will be stamped on the back of the ballot paper and its counterfoil. The Commission has now decided that special voters, voters under preventive detention and persons on election duty may also be issued with the Postal Ballot Papers of the same design as that of "Service Voters". Following will be the advantages: a)Postal Ballot Papers for service voters are to be printed and dispatched within 48 hours after the last date for withdrawal of candidatures. Therefore, if the Postal Ballot Papers with the same uniform design are used for other category of postal voters also, they will be in a position to receive the Postal Ballot Papers much in advance for their return after marking the vote. b)The ordinary ballots (which are also used as Postal Ballot Papers for other categories as at present) are printed in lakhs for each constituency and normally the printing is completed just a couple of days before the poll date and the dispatch of these ordinary ballot papers as Postal Ballot Papers to persons on election duty is delayed. By adopting the method at (a) above, this delay is cut short. c)Another advantage is that "Service Voters" in some States and UTs are quite few in number. For example, in Madhya Pradesh with 320 A.Cs., total service electors are 9,129. On an average, the number of service electors are 59 per Assembly Constituency. Keeping in view the very low percentage of voting by service electors, there may be many cases of only one or two valid postal votes of service voters in some constituencies. Since these ballot papers are quite distinct, being of a different design at present, it may not be difficult to find out to whom the concerned service person has voted. Thus it is difficult to maintain secrecy of voting in such cases. Secrecy will become more fool proof if all Postal Ballot Papers are of the same design.

293

PRINTING OF POSTAL BALLOT PAPERS At present, postal ballot papers for service voters are got printed by the DEO/RO locally. They are also permitted to cyclostyle or take photocopies of such postal ballot papers, where the number of such ballot papers is small. Now that the design of the postal ballot papers for all categories of persons eligible to vote by post has been changed and made uniform for all such categories, the required number of postal ballot papers will be substantially high. The Commission has no objection for the printing of the postal ballot papers in private printing presses, if arrangements for expeditious printing of these postal ballot papers is not possible in the Government presses. However, it must be ensured that fool proof Security arrangements are made as such private printing presses and these ballot papers are printed under strict watch of a responsible officer, preferably, an Assistant Returning Officer. Educating the Persons on Election Duty about their right to vote and method i) The DEO sends a communication to the Government Departments and other authorities in the district asking for lists of persons working under them for drafting them for election duty. In the case of Union Territories, the R.O of the constituency and in the case of NOT of Delhi, the CEO Delhi, do this job. While asking for such lists of persons, the DEO/RO/CEO, as the case may be, should also intimate departments concerned about the right of persons drafted for election duty to vote by post and a copy of Form-12 wherein the persons have to apply for this Postal Ballot Paper facility should also be sent to the departments concerned and they should be asked to circulate the same among their employees. ii) After receiving the lists, the CEO/RO/DEO, as the case may be, sends letters of appointment (in duplicate) to the persons drafted for election duty. Along with this letter, a copy of Form-12 should also be sent to each person drafted on election duty so that he/she may apply for postal ballot paper to the Returning Officer of the constituency in which his name is registered as an elector. All such persons should also be supplied with a complete list of all R.Os in the UT/district concerned and of the places where copies of electoral rolls are available for inspection by the persons drafted to verify their names in the electoral rolls of the constituencies concerned, to enable them to fill their required electoral roll particulars in Form 12. iii) During the first Training class-cum-polling rehearsal also, the polling personnel should be educated about the method of filling Form-12 to apply for Postal Ballot Paper, the place where they can obtain the Postal Ballot Paper and the method of voting and returning the marked Postal Ballot Papers. In case such first training class-cum-polling rehearsal has already been conducted in any constituency/ district, the DEO/RO/CEO may impart such education at the subsequent training classes-cum-polling rehearsals, if any. iv) For the convenience of the personnel on election duty, copies of electoral rolls of all constituencies in the UT/district should be available at the place of rehearsal / Training, so that persons on election duty may verify the particulars of their entries in rolls for applying for Postal Ballot Paper in Form 12. Also copies of Form-12 should again be made available for the use of person on election duty. v) The persons on election duty should be allowed to submit the duly filled in Forms 12 at the Training centre itself.

294

ARRANGEMENTS TO RECEIVE APPLICATIONS AND TO DELIVER POSTAL BALLOT PAPER TO PERSONS ON ELECTION DUTY (1)In the office of the each R.O., there should be earmarked a responsible officer (preferably one of the AROs) who should be available with the copy of the electoral roll to help any person on election duty to come and verify his name in the electoral roll. (2)The same officer should also receive duly filled in Form-12 submitted by the persons on election duty. (3)So far as the delivery of the Postal Ballot Papers to persons on election duty is concerned, the R.Os. in each State have established certain procedures. Existing arrangements in this regard may be allowed to be followed by the R.Os. However, the following arrangements may further be made: (i) The RO should open a Register for the persons drafted for election duty and who are electors in the constituency. The Register should have following columns: (a)Name of the Person drafted for election duty and who has applied for Postal Ballot Paper in Form-12. (b)whether the person is registered in the electoral roll of the Constituency.(Yes or No). (c)If yes, Part No. and serial number of the person in the electoral roll of the constituency. (d)whether postal ballot paper has been issued to him necessary entry made in the marked copy of the electoral roll against the name of the person (Date of issue and making such entry). (e)whether the person collected the Postal Ballot Paper in person from the R.O's Office. (Yes or No). (f)If yes, the signature of the person with date. (g)If no, whether the R.O. has taken action to deliver the Postal Ballot Paper at the person's address (Date of delivery). (h)

Remarks

A Format of the Register is at Appendix-2 (4) The DEO/RO/CEO should make every effort to issue the postal ballot paper to every elector on election duty who makes an application in Form 12 for the purpose, as expeditiously as possible after receipt of that application. However, as the marked copy of the electoral roll has to be prepared by the RO, quite in advance of the date of poll, for supply to the Presiding Officers of all polling stations, the supply of postal ballot papers should be completed in all cases, at least three days before the date of poll. (ii) To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box with secure locks in his office, so that persons on election duty and others who have received Postal Ballot Papers may come and drop in that box their marked ballot papers in the sealed covers (provided to each elector along with the Postal Ballot Paper).

295

(iii) Every day, a designated officer should take out the contents of the box, make necessary entries in the Register maintained for the purpose, keep the Register and the sealed covers of Postal Ballot Papers under proper lock and key. (iv) If any elector on election duty opts to send the Postal Ballot Paper through normal prepaid postal service, there is no objection since the existing system allows this.

APPENDIX-I 8-Rampur H.R/96

Genl. POSTAL BALLOT PAPER Electoral Roll Part No. Serial No. Elector ............................................................................................................

129 8-Rampur H.R/96 Genl. Postal Ballot Paper ABNASHI RAM

(Name of

the Party) AMAR NATH

(Name of

the Party) BABU SINGH

(Name of

the

Party)

8-RAMPUR H.R/96 GENL.

APPENDIX-2 REGISTER OF POSTAL BALLOT PAPERS ISSUED TO PERSONS DRAFTED FOR ELECTION DUTY 1.Sl. No. 2.Name of the person drafted for election duty & who has submitted Form-12 for Postal Ballot Paper. 3.Whether the person is registered as an elector in the Constituency (Yes/No) 4.If yes, Part No. & Serial number in Electoral Roll.

296

5.Date on which Postal Ballot Paper issued and entry made in the marked copy of the electoral roll 6.Whether the person collected the Postal Ballot Paper in person. (Yes/No) 7.If yes, sign of the person with date token of receive of RB.

297

ITEM NO. 134 Election Commission's letter No. 52/1/2001/J.S.II, dated 04.04.2001 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry. Subject: General Elections to State Assembly. 2001 - Instructions regarding postal ballot papers I am directed to invite your attention to the Commission's letter No, 52/1/99/J.S.II. dated 20th January, 2000 on the above subject (reproduced at p. 147of the Commission's Compendium of Instructions Vol-III, 2000) and to request that the instructions contained therein may be brought to the notice of all District Election Officers, Returning Officers and other authorities concerned for strict compliance at the ensuing General Election to the Legislative Assembly in your State. 2.I am further to invite your attention to the Commission's instructions at para 3, Chapter XVIII of the Handbook for Returning Officers 1998 regarding preparation of the report on the elections by the Returning Officer immediately after the declaration of the result. The report is to be submitted in the format given at Annexure- L of the Handbook (p.p. 346350). It has been observed that in many cases. Returning Officers have not given the information properly at item No. 14 of the report, relating to the number of postal ballot papers issued and returned back in time/after the prescribed hours/undelivered. It may be noted that against the said item 14, information regarding postal ballot papers issued and returned back etc., are required to be given category-wise. It has been seen from past experience that in many cases information is either not given or a consolidated figure is given, instead of category-wise figures. The Returning officers may be instructed to pay special attention to furnish the report giving complete information in all respect. 3.The receipt of the letter may kindly be acknowledged immediately. Annexure Commission's letter No.52/1/99/J.S.II dated 20.01.2000 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Instructions relating to printing of postal ballot papers - clarification I am directed to state that as per the existing instruction of the Commission circulated to the Chief Electoral Officers vide its letter No.464/INST/98/PLN-I, dated 2nd November, 1998, postal ballot papers for all categories of electors eligible to vote by post will be uniform. The postal ballot papers will show the name of the candidate and the party affiliation. In the case of independent candidates and the candidates set up by parties not registered under Section 29A of the Representation of the People Act, 1951, party affiliation will not be shown against their names. 2.The Commission has reviewed the above position and has directed that while printing the postal ballot papers the word "independent" should be mentioned against the name of each independent candidate and candidates set up by parties not registered under Section 29A of the Representation of the People Act, 1951, on all postal ballot papers. 3.The above directions of the Commission may be brought to the notice of all District Election Officers, Returning Officers and authorities related to election for their information and compliance.

298

ITEM NO. 135 Election Commission's letter no.576/3/2002/JS-II dated 31.01 2002 addressed to The Chief Electoral Officer o fall States / Union Territories. Subject: Scheme to streamline the postal ballot system for voters on election duty -regarding I am directed to refer to the Commission's letter, No.464/INST/98/PLN-I, dated the 2nd November, 1998, forwarding therewith the scheme to streamline the postal ballot system for voters on election duty. It is envisaged under the said scheme that all voters on election duty may apply for, and obtain, postal ballot papers for voting, irrespective of whether they are put on election duty in the constituency where they are registered as electors or outside that constituency as there is no bar under the law to vote by post, even if the person is put on election duty in the same constituency, where he is registered as an elector. The underlying reason for allowing all the persons on election duty to vote by post is that those who may be put on duty in their own constituencies may come to know of their place of duty at the last moment and their applications for "Election Duty Certificate" can get delayed considerably, as a result of which they may be deprived of their right to vote. 2.Yet, instances have come to the notice of the Commission where many persons on election duty have been deprived of their right to franchise on account of the delay in the obtaining or supply of postal ballot papers. The Commission has, therefore, decided that all electors deployed on election duty may be apprised of the above scheme and asked to apply for postal ballot papers, instead of EDC, without waiting to know the place of duty. 3.The Commission directs that all District Election Officers, Returning Officers and all other election authorities concerned in the matter may be instructed to strictly implement the scheme and ensure that postal ballot papers are issued, on application, without delay to all voters on election duty, whether they are put on duty outside the constituency where they are registered as electors, or inside such constituency. 4.The receipt of this letter may be acknowledged.

299

ITEM NO. 136 Election Commission’s letter No. 3/1/2004/JS-II, dated 10.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject:- Election duty by Govt. servants deprived their right to vote. The Commission has recently received many complaints from individuals and organisations that officials/staff deployed on poll dun arc not educated adequately about the facilities available for polling personnel to vote by postal ballot and also regarding the lack of adequate arrangements in this regard with the result that many polling personnel were unable to exercise their franchise in the past elections. In

this

connection

your

attention

is

invited

to

the

Commission's

letter

No.464/lnst/98/PLN-I, dated 2nd November, 1998 (copy enclosed). During the forthcoming general election to the House of the People, you are requested to ensure that the instructions contained therein are strictly followed. Your attention is invited to paragraphs (i) to (v) of the enclosed" Scheme for Postal Ballot Papers for voters on election duty "pertaining to instructions regarding educating the persons on election duty about their right to vote and method of voting. These directions of the Commission may be brought to the notice of all District Election Officers Returning Officers and other election authorities for strict compliance. The Commission has further directed that during all training sessions organised for polling personnel, police personnel etc. the provisions regarding the facility of Postal Ballot should be explained to them. The Returning Officer may print sufficient number of Form 12 in advance to be kept during the training sessions for distribution to the concerned personnel being deployed for poll dun and make these available to all such staff. Kindly acknowledge receipt and ensure compliance of these instructions.

300

(Copy) ITEM NO. 67 Election Commission's letter No. 464/Inst/98/PLN-I Dated 2nd November 1998 addressed to CEOs of all States and UTs Subject: Scheme to streamline the postal ballot system for voters on election duty, etc. I am directed to say that the Commission has devised a Scheme to Streamline the postal ballot system for voters on election duty etc., so that they are able to exercise their franchise more smoothly and effectively. A copy of that Scheme is enclosed : 2. The Commission directs that the Scheme should be implemented at the current general elections and various bye elections for which the poll is scheduled to be taken on 25th November, 1998. Therefore, the scheme should be immediately circulated to all DEOs, ROs and all other election authorities concerned in the matter for implementation and strict compliance. 3.

The salient features of the Scheme are as follows:(a) The design of all postal ballot papers for all categories of persons entitled to vote by post, viz. service voters, special voters, voters on election duty and persons under preventive detention, shall hereafter be Common. In other words, the form of postal ballot papers for all categories shall be the same as was previously used for the service voters. (b) The Commission has no objection for the printing of the postal ballot papers in private printing presses, if arrangements for expeditious printing of these postal ballot papers is not possible in the Government presses. However, It must be ensured that fool proof security arrangement are made at such private presses and these ballot papers are printed under strict watch of a responsible officer, preferably, an Assistant Returning Officer. (c) The DEO/RO/CEO should make every effort to issue the postal ballot paper (along with the relevant accompanying forms and envelopes in Forms 13A, 13B, 13C and 13D), to every elector on election duty who makes an application in Form 12 for the purpose, as expeditiously as possible after receipt of that application. However, as the marked copy of the electoral roll has to be prepared by the RO, quite in advance of the date of poll, for supply to the Presiding Officers of all polling stations, the supply of postal ballot papers should be completed in all cases, at least three days before the date of poll. (d) To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box with secure locks in his office, so that persons on election duty and other who have received Postal Ballot Papers may come and drop in that box their marked ballot papers in the sealed covers (provided to each elector along with the Postal Ballot Paper). (e) Every day, a designated officer should take out the contents of the box, make necessary entries in the Register maintained for the purpose, keep the Register and the sealed covers of Postal Ballot Papers under proper lock and key. 4.

The receipt of this letter shall be acknowledged.

301

SCHEME FOR POSTAL BALLOT PAPERS FOR VOTERS ON ELECTION DUTY Subject: Persons on Polling Duty - Facility to Vote by post - Improvements Under the provisions of Rule 18 of the Conduct of Elections Rules, 1961: "Voters on election duty" are entitled to vote by post. As per Rule 17 (c) of the said Rules "Voters on election duty" are :1. Any polling agent 2. Any polling officer 3. residing Officer, or 4. Other public servant Who is an elector in the constituency and is by reason of his being on election duty unable to vote at the polling station where he is normally entitled to vote. Apart from polling personnel, Police Personnel on election duty are also treated as voters on election duty. Observers appointed by the Commission are also treated as voters on election duty. The facility of voting by post is also extended to the drivers, helpers, cleaners, etc., actually employed on vehicles requisitioned for election purposes as they are treated as voters on election duty, vide Commission's instructions in Chapter-X, page -64, ROs Handbook - 1998. EXISTING METHOD OF VOTING Under the existing rules, there are two options available for the persons on election duty to vote. One method is to vote at the polling station where they are put on duty by obtaining "EDC" (Election Duty Certificate) from the R.O. For this facility, the person concerned shall be an elector in the same constituency. [But this facility is not available to polling agents of candidates]. The second method is to obtain a Postal Ballot paper and to vote by post. This second option is available to all voters on election duty, whether they are put on duty outside the constituency where they are registered as electors, or inside such constituency. SCHEME FOR STREAM-LINE THE VOTING METHOD FOR VOTERS ON ELECTION DUTY BY MEANS OF POSTAL BALLOT PAPERS All Persons on Election Duty to apply for Postal Ballot Paper: Under the present system, duty to Polling persons is assigned by the method of random selection and normally the persons are assigned duty out side their constituencies, but within the same district. Further, the persons on polling duty come to know about the place of duty only at the last moment. Therefore, applications for "EDC" from those who may be put on duty in their own constituencies can get delayed considerably. Hence to enable all persons on polling duty to exercise their franchise, they all may be asked to apply for and obtain Postal Ballot Papers for voting. Under the law, there is no bar to vote by post,

302

even if the person is put on duty in the same constituency where he is registered as an elector.

Changes in Format of Postal Ballot Paper Rule 22(1) of the Conduct of Elections Rules, 1961 lays down the Form and particulars of Postal Ballot Papers as follows : "22. Form of ballot paper - (1) Every Postal Ballot Paper shall have a counterfoil attached thereto, and the said ballot paper and its counterfoil shall be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct." Under the said provisions, the Commission has prescribed two different forms for the "Postal Ballot Papers" - one for "Service Electors" and the other for "persons on polling duty", "Special Voters", and "Voters under preventive detention". The major difference between these two sets of postal ballot papers is that on the Postal Ballot Paper for service personnel, election "symbols" are not printed, only party affiliation of the candidates is mentioned (Sample at Appendix-i). The Postal Ballot Paper for the other categories (like voters on election duty) is of the same design as the ordinary ballot papers to be used at polling stations, except that the words "Postal Ballot Paper" will be stamped on the back of the ballot paper and its counterfoil. The Commission has now decided that special voters, voters under preventive detention and persons on election duty may also be issued with the Postal Ballot Papers of the same design as that of "Service Voters". Following will be the advantages: (a) Postal Ballot Papers for service voters are to be printed and dispatched within 48 hours after the last date for withdrawal of candidatures. Therefore, if the Postal Ballot Papers with the same uniform design are used for other category of postal voters also, they will be in a position to receive the Postal Ballot Papers much in advance for their return after marking the vote. (b) The ordinary ballots (which are also used as Postal Ballot Papers for other categories as at present) are printed in lakhs for each constituency and normally the printing is completed just a couple of days before the poll date and the dispatch of these ordinary ballot papers as Postal Ballot Papers to persons on election duty is delayed. By adopting the method at (a) above, this delay is cut short. (c) Another advantage is that "Service Voters" in some States and UTs are quite few in number. For example, in Madhya Pradesh with 320 A.Cs., total service electors are 9,129. On an average, the number of service electors are 59 per Assembly Constituency. Keeping in view the very low percentage of voting by service electors, there may be many cases of only one or two valid postal votes of service voters in some constituencies. Since these ballot papers are quite distinct, being of a different design at present, it may not be difficult to find out to whom the concerned service person has voted. Thus it is difficult to maintain secrecy of voting in such cases. Secrecy will become more fool proof if all Postal Ballot Papers are of the same design.

303

PRINTING OF POSTAL BALLOT PAPERS At present, postal ballot papers for service voters are got printed by the DEO/RO locally. They are also permitted to cyclostyle or take photocopies of such postal ballot papers, where the number of such ballot papers is small. Now that the design of the postal ballot papers for all categories of persons eligible to vote by post has been changed and made uniform for all such categories, the required number of postal ballot papers will be substantially high. The Commission has no objection for the printing of the postal ballot papers in private printing presses, if arrangements for expeditious printing of these postal ballot papers is not possible in the Government presses. However, it must be ensured that fool proof Security arrangements are made as such private printing presses and these ballot papers are printed under strict watch of a responsible officer, preferably, an Assistant Returning Officer. Educating the Persons on Election Duty about their right to vote and method i) The DEO sends a communication to the Government Departments and other authorities in the district asking for lists of persons working under them for drafting them for election duty. In the case of Union Territories, the R.O of the constituency and in the case of NOT of Delhi, the CEO Delhi, do this job. While asking for such lists of persons, the DEO/RO/CEO, as the case may be, should also intimate departments concerned about the right of persons drafted for election duty to vote by post and a copy of Form-12 wherein the persons have to apply for this Postal Ballot Paper facility should also be sent to the departments concerned and they should be asked to circulate the same among their employees. ii) After receiving the lists, the CEO/RO/DEO, as the case may be, sends letters of appointment (in duplicate) to the persons drafted for election duty. Along with this letter, a copy of Form-12 should also be sent to each person drafted on election duty so that he/she may apply for postal ballot paper to the Returning Officer of the constituency in which his name is registered as an elector. All such persons should also be supplied with a complete list of all R.Os in the UT/district concerned and of the places where copies of electoral rolls are available for inspection by the persons drafted to verify their names in the electoral rolls of the constituencies concerned, to enable them to fill their required electoral roll particulars in Form 12. iii) During the first Training class-cum-polling rehearsal also, the polling personnel should be educated about the method of filling Form-12 to apply for Postal Ballot Paper, the place where they can obtain the Postal Ballot Paper and the method of voting and returning the marked Postal Ballot Papers. In case such first training class-cum-polling rehearsal has already been conducted in any constituency/ district, the DEO/RO/CEO may impart such education at the subsequent training classes-cum-polling rehearsals, if any. iv) For the convenience of the personnel on election duty, copies of electoral rolls of all constituencies in the UT/district should be available at the place of rehearsal / Training, so that persons on election duty may verify the particulars of their entries in rolls for applying for Postal Ballot Paper in Form 12. Also copies of Form-12 should again be made available for the use of person on election duty. v) The persons on election duty should be allowed to submit the duly filled in Forms 12 at the Training centre itself.

304

ARRANGEMENTS TO RECEIVE APPLICATIONS AND TO DELIVER POSTAL BALLOT PAPER TO PERSONS ON ELECTION DUTY (1)

In the office of the each R.O., there should be earmarked a responsible officer (preferably one of the AROs) who should be available with the copy of the electoral roll to help any person on election duty to come and verify his name in the electoral roll.

(2)

The same officer should also receive duly filled in Form-12 submitted by the persons on election duty.

(3)

So far as the delivery of the Postal Ballot Papers to persons on election duty is concerned, the R.Os. in each State have established certain procedures. Existing arrangements in this regard may be allowed to be followed by the R.Os. However, the following arrangements may further be made: (i) The RO should open a Register for the persons drafted for election duty and who are electors in the constituency. The Register should have following columns: (a) Name of the Person drafted for election duty and who has applied for Postal Ballot Paper in Form-12. (b) whether the person is registered in the electoral roll of the Constituency.(Yes or No). (c) If yes, Part No. and serial number of the person in the electoral roll of the constituency. (d) whether postal ballot paper has been issued to him necessary entry made in the marked copy of the electoral roll against the name of the person (Date of issue and making such entry). (e) whether the person collected the Postal Ballot Paper in person from the R.O's Office. (Yes or No). (f)

If yes, the signature of the person with date.

(g) If no, whether the R.O. has taken action to deliver the Postal Ballot Paper at the person's address (Date of delivery). (h)

Remarks

A Format of the Register is at Appendix-2 (4) The DEO/RO/CEO should make every effort to issue the postal ballot paper to every elector on election duty who makes an application in Form 12 for the purpose, as expeditiously as possible after receipt of that application. However, as the marked copy of the electoral roll has to be prepared by the RO, quite in advance of the date of poll, for supply to the Presiding Officers of all polling stations, the supply of postal ballot papers should be completed in all cases, at least three days before the date of poll. (ii) To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box with secure locks in his office, so that persons on election duty and others who have received Postal Ballot Papers may come and drop in that box

305

their marked ballot papers in the sealed covers (provided to each elector along with the Postal Ballot Paper). (iii) Every day, a designated officer should take out the contents of the box, make necessary entries in the Register maintained for the purpose, keep the Register and the sealed covers of Postal Ballot Papers under proper lock and key. (iv) If any elector on election duty opts to send the Postal Ballot Paper through normal prepaid postal service, there is no objection since the existing system allows this.

APPENDIX-I 8-Rampur H.R/96

Genl. POSTAL BALLOT PAPER Electoral Roll Part No. Serial No. Elector ............................................................................................................

129 8-Rampur H.R/96 Genl. Postal Ballot Paper ABNASHI RAM

(Name of

the Party) AMAR NATH

(Name of

the Party) BABU SINGH

(Name of

the

Party)

8-RAMPUR H.R/96 GENL.

APPENDIX-2 REGISTER OF POSTAL BALLOT PAPERS ISSUED TO PERSONS DRAFTED FOR ELECTION DUTY 1. Sl. No. 2. Name of the person drafted for election duty & who has submitted Form-12 for Postal Ballot Paper. 3. Whether the person is registered as an elector in the Constituency (Yes/No) 4. If yes, Part No. & Serial number in Electoral Roll.

306

5. Date on which Postal Ballot Paper issued and entry made in the marked copy of the electoral roll 6.

the Postal Ballot Paper in person. (Yes/No)

7. If yes, sign of the person with date token of receive of RB.

307

ITEM NO. 137 Election Commission’s letter No. 52/2004/JS-II, dated 09.09.2004 addressed to the Chief Electoral Officers of all States and Union Territories Sub: Postal ballot facility for personnel on election duty. I am directed to invite attention to the instructions in Chapter-X of the Handbook for Returning Officers (2004 edition), relating to the facility of postal ballot for officials drafted on election duty and the steps to be taken for proper implementation of the system. Paragraphs 12.1 to 12.11 of Chapter X set out in detail the procedure to be followed. It has been directed in these instructions that the persons on election duty should be educated about their right to vote through postal ballot and the procedure to be followed. Copies of Form 12 for applying for postal ballots are required to be circulated to the officials right at the time of requisitioning the officials from various departments. Again, these forms are to be enclosed along with the letters of appointment on election duty and further these are to be distributed at the training classes. 2.

There have been complaints that the election officials are often not able to

exercise their franchise, mainly due to difficulty in completing the procedural requirements within the short time available. The problems faced by the employees include difficulty experienced in tracing their serial numbers and part numbers in the electoral roll and in the attestation of declaration in Form 13 A. apart from not receiving Form 12 along with their appointment orders. 3.

The Commission has directed that in order to facilitate voting through postal

ballot by the officials appointed on election duty, the existing instructions referred to in paragraph 1 above should be scrupulously followed. Further, it is directed that: (i)

Form 12 should invariably be sent along with the appointment order of an official being engaged for election duty (both for active and reserve duty).

(ii)

At the training class centers, copies of the electoral rolls of the constituencies concerned from where the officials have been drafted for election duty should be available,

(iii)

Special officers shall be designated for each Assembly segment to assist the officials locate their names in the electoral rolls,

(iv)

For attestation of signature of the elector on the declaration in form 13A, gazetted officers should be available at the training classes.

4. These instructions should be brought to the notice of all District Election Officers, Returning Officers, etc. for strict compliance.

308

ITEM NO. 138 Election Commission's letter No.509/110/2004/JS-I, dated 20.10.2005 addressed to the Chief Secretaries of all States/Union Territories and copy to Chief Electoral Officers of all States/Union Territories for information and necessary action of co-coordinating with the State Govt. Subject: Providing facilities to the disabled voters.

I am directed to invite your attention to the interim order dated 19.4.2004 of the Hon’ble Supreme Court in W.P.(C) No. 187 of 2004 (Disability Rights Group Vs. Chief Election Commissioner and another) communicated to you vide the Commission’s letter of even number dated 21.4.2004. In the said order, the Hon’ble Apex Court had given directions for providing ramps in all polling stations in urban areas at the then general election to the House of the People, 2004. In pursuance of the said interim order, temporary ramps were provided by the State Govts. in the polling stations in urban areas in the constituencies that went to poll in the 3rd and 4th phase of the said election. In all subsequent elections also the State Governments have been advised to comply with the directions on providing ramps. The Commission has considered this issue further. Under the provisions of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the Central/State Govts. and local authorities concerned, are responsible for providing ramps in public buildings so as to make them accessible to disabled people. Polling stations for elections to the House of People and State Legislatures are located in public buildings, in most of the cases. The Commission is of the view that the issue of ramps at polling stations could be resolved, if the Govt./local authorities concerned provide permanent ramps at the public buildings where polling stations are located. As the public buildings are used by the general public every day for one purpose or the other, permanent ramps in such buildings would serve the purpose of the 1995 Act, and also make the polling stations disabled friendly on a permanent basis. Such permanent ramps would also be economically more viable as compared to setting up temporary ramps at each election. In view of the above, the Commission desires that good quality permanent ramps may be constructed in all public buildings in which Polling Stations for elections to the Lok Sabha and State Legislative Assemblies are located. The list of locations of polling stations

309

in the State is available with the Chief Electoral Officer, who will furnish the same to you. The Commission desires that the work may be taken up on priority basis. Kindly acknowledge the receipt.

310

ITEM NO. 139 Election Commission's letter No.100/MIZ-LA/2/2005, dated 28.11.2005 addressed to the Chief Electoral Officer. Mizoram, Aizawl. Subject: Bye-elections to the Mizoram Legislative Assembly from 26-Kawrthah (ST) and 28-Phuldungsei (ST) ACs - postal ballot papers to Bru voters - reg. I am directed to state that the issue of printing of the symbols of the contesting candidates on the postal ballot papers to be issued to the notified class of voters i.e. Bru/Reang voters cropped up before the Commission . Having considered the issue, the Commission hereby directs under Article 324 of the Constitution read with Rule 27D of the Conduct of Elections Rules, 1961, that the symbols of the Contesting candidates as they appear in the list of Contesting candidates shall be printed in a separate column against the names of such candidates, immediately after their names. It is requested that the matter may be brought to the notice of all concerned for immediate compliance.

311

C.

SPECIAL ARRANGEMENTS FOR ELECTORS ON THE DAY OF POLL

312

ITEM NO. 140 Election Commission's Order No. 576/11/ESO24/94-J.S.II dated 21.10.1994 Subject: General elections to State Legislative Assemblies -1994 Special facilities in polling stations for women electors ORDER Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of universal adult suffrage. The said Article provides as follows:326. "Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. - The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election." 2.

It is further provided in Article 325 of the Constitution that:-

325. "No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. - There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them." 3.Thus, the female electors in the country have the same electoral rights in the matter of elections to the House of the People and the State Legislative Assemblies as are granted to male electors. 4.But it has been observed that in certain States or in certain areas of the States the participation of female electors at the said elections has been comparatively low in comparison to male electors. 5.There can be several reasons for such low percentage of participation of women electors in elections. Some of these reasons may be attributed to social and religious taboos, particularly among the ‘purdahnasheen' women in a particular community or women of certain other communities observing purdah system in the presence of family and village elders, or to sentimental reasons in some tribal areas, especially in the North-Eastern region. 6.The Commission is anxiously concerned about such low participation of women electors in elections. The Commission would like all such steps to be taken as would enable as large a number of women electors as possible to fully participate in the electoral process without reservations so that elections become more meaningful and democratic. In particular, the Commission would like to ensure that no woman elector is deprived of, or feels inhibited in the exercise of her right of franchise on account of any lack of facility in

313

the polling station particularly in the matter of identification or application of indelible ink with full regard to privacy, dignity and decency of women electors. 7.

Rule 34 of the 'Conduct of Elections, Rules, 1961 specifically provides that(1)Where a polling stations - is for both men and women electors, the presiding officer may direct that they shall be admitted into the polling station alternately in separate batches. (2)The Returning Officer or the Presiding Officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the Presiding Officer generally in taking the poll in respect of women electors, and, in particular, to help in searching any woman elector in case it becomes necessary.

8.In order to ensure that the women electors fully participate in elections and the turnout of women electors is improved, the Commission has issued several instructions from time to time. The Commission has already issued directions in Chapter II of "Handbook for Returning Officers," that in places where two polling stations are set up in the same building or compound, there is no objection to allotting one of them for men and the other for women. The Commission has further clarified that even in the common polling stations, separate queues for men and women should be formed. The Commission has also directed that when separate polling stations are provided for men and women voters of a particular polling area, these should, as far as possible, be located in the same building. 9.Attention in this regard is also drawn to Chapter VIII of the "Handbook for Returning Officers, where it has been clarified that where there are a large number of women electors, especially ‘purdahnasheen’ women, women Polling Officers should be appointed to carry out the duty of identifying the electors. 10.In order that no sections of women for reasons of social or religious customs are prevented from exercising franchise only because of lack of privacy and other required facilities in polling stations, the Commission, in elaboration of its instructions contained in the Handbook, hereby directs that(i) it shall be the responsibility of the Chief Electoral Officer, District Election Officer, Returning Officer, Assistant Returning Officer and Presiding Officer to ensure that special arrangements, whenever required, are made for women electors to exercise their franchise in the presence of Lady staff; (ii)

such areas and polling stations should be identified forthwith:

(iii) in such identified areas/polling stations, lady staff must be necessarily included in the team of polling parties for such polling stations; 11.

The Commission also directs that:(i) to protect the sensitivity regarding privacy of women voters, separate enclosures for identification of ‘purdahnasheen’ women should be provided in the polling station with locally available but absolutely inexpensive devices and using local ingenuity, such as use of charpoys or cloth such as bed spreads. (ii) Where the number of female electors is significant (say 50% or above) and in areas where the system of Burqa or purdah is observed as a social custom,

314

in each of these polling stations at least one Polling Officer must be a lady Polling Officer. (iii) In polling stations exclusively meant for women electors, the polling personnel should have as many lady officer as available, consistent with overall security requirements. (iv) In other polling stations also to the extent possible and available, at least one lady polling officer shall be appointed for identifying and assisting the women electors. In the matter of identification of women electors, the services of lady village level workers, Gram Sevikas, and lady school teachers, etc., can be made use of for this purpose. 12.If women officials are not available for such a duty in required number, the Returning Officer or the Presiding Officer has in terms of rule 34(2) of the Conduct of Elections Rules, 1961 the authority and the responsibility to exercise his power to appoint 'any' woman to serve as an attendant at the polling station to assist women electors and also to assist Presiding Officer in respect of women electors. The Commission has directed that the RO/Presiding Officer should make use of this provision to ensure that the privacy and sensitivity of the women electors are protected. While choosing such a person who could be any woman of the locality, special care should be taken to ensure that such persons as are appointed for this purpose do not have any known leanings for or allegiance to any political party or candidate. 13.The Commission further directs that widest possible publicity should be given to the special arrangements made for enabling women electors to exercise their franchise in the presence of women polling officers. This should also be highlighted in the training classes for Presiding Officers/Assistant Returning Officers/Sector Magistrate and other Supervisory Officers who will be responsible for implementing the Commission's directions. The receipt of this order should be knowledge immediately.

315

ITEM NO. 141 Election Commission's letter No. 576/3/98/JUD-II dated 19.01.1998 addressed to CEOs of all States and UTs and copy endorsed for information to Shri B.L. Sharma, Addl. Secretary, Ministry of Welfare, New Delhi. Subject: General Elections to the House of People and State Legislative Assemblies, 1998 - Facilities to be provided to the electors having physical disabilitiesregarding I am directed to say that under the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the persons with disabilities have to be provided barrier-free facilities in public places. 2.It has been reported to the Commission that physically handicapped electors have been finding difficulties in reaching the polling stations for recording their votes. 3.The Commission has directed that it may be ensured that all physically handicapped persons are able to exercise their franchise with least inconvenience. They should be allowed the facility of a companion to assist them having regard to the provisions of rule 40 of the Conduct of Elections Rules, 1961. They may also be given priority in the matter of their entry into the polling stations, wherever the circumstances so warrant. 4.The District Elections Officers/Returning Officers and all other concerned authorities maybe informed about the above directions of the Commission for strict compliance. Kindly acknowledge the receipt.

316

ITEM NO. 142 Election Commission's letter No. 458/4/98/PLN-IV dated 01.06.1998 addressed to CEOs of 1. Andhra Pradesh, 2. Assam, 3. Bihar, 4. Haryana 5. Himachal Pradesh, 6. Jammu & Kashmir, 7. Karnataka 8. Kerala, 9. Maharashtra, 10. Orissa, 11. Punjab 12. Uttar Pradesh, and 13. Tripura. Subject: Bye-elections in June, 1998 - Facilities at Polling Stations during the hot weather conditions I am directed to state that the Commission, after taking into account the extreme heat and weather conditions prevailing in most of the States during the first week of June, 1998, hereby directs that for the elections being held on 3rd June, 1998 as the date of poll, as far as possible, the following precautions be taken and provisions be made: (I) Provide covered shelter for the electors at every polling station and if necessary have the extra rooms available in the building opened for electors to take rest. (ii) Make adequate arrangements at every polling station for storage of drinking water in earthen pots and one employee or a daily wage earner shall be deployed at every polling station to continuously refill the water pots. (iii) Every polling party shall be supplied with oral dehydration medicines for their own use as well as for use in case of any voter needing the same due to heat stroke. (IV) Every polling party shall be supplied with sugar and salt for oral dehydration therapy purposes. (v) Have one page hand bills prepared by the Chief Medical Officers on "Dos and Don'ts" of heat stroke first aid and supply the hand bills to each of the polling parties. (vi) The DEO of each district where the constituencies that are going to poll are located shall requisition the services of para medical staff from the offices of the Chief District Medical Officers and one such Para Medical Staff member shall accompany every mobile Patrol Unit and Sector Officer in their vehicles along with essential heat-stroke medicines. Such mobile patrol units shall touch every polling station once in every hour so that instant medical assistance would be available to any voter needing such help besides the first aid facilities given to the polling parties. (vii) Also appeal to the electors to carry wet towels to protect themselves against dehydration and also advise women electors to avoid bringing children along with them to polling stations due to hot weather conditions. Kindly acknowledge receipt and confirm action taken.

317

ITEM NO. 143 Election Commission’s letter No. 576/11/2004/J.S.II, dated 17.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Handbook for Presiding Officers – correction – regarding. I am directed to invite your attention to Chapter - IV of the Handbook for Presiding Officers, 2004 edition. The following corrections may be carried out in Chapter-IV: In paragraph 5, under the heading "SET UP OF POLLING STATIONS FOR SIMULTANEOUS ELECTION" (at page 13), in the second line of item (a), the word " Annexure' may be corrected as 'Annexure VI A'. In the Annexure part of the Handbook, the diagram showing the lay out of polling station at a simultaneous election which was to be given at Annexure VI A. got deleted in printing. The said diagram is enclosed with this letter. 2.

The following corrections may be carried out in Chapter -V: (i)

In paragraph 3.2, pertaining to duties of the Second Polling Officer (at page 16). the lines beginning with "Before however, issuing the Voter's slip to the elector and ending with "leaving sufficient time in between," may be deleted.

(ii) In para 5, item (xiii) on page 18, the letters and figure "8.00 AM" may be deleted.

318

ANNEXURE – VI A LAYOUT OF POLLING STATION WHERE EVMs ARE USED AT SIMULTANEOUS ELECTION

319

ITEM NO. 144 Election Commission’s letter No. 458/4/2004/PLN-IV, dated 12.04.2004 addressed to the Chief Electoral Officers of all States and UTs. Subject: General Election to Lok Sabha and State Legislative Assembly Elections in Orissa, Sikkim, Karnataka and Andhra Pradesh, 2004Facilities at Polling Stations during the hot weather conditions. I am directed to state that the Commission, after taking into account the extreme heat and weather conditions prevailing in most of the States/UTs during April and May, 2004, hereby directs that for the elections being held between AprilMay, 2004, the following precautions be taken and provisions be made: i.

Provide covered shelter for the electors at every polling station and if necessary have the extra rooms available in the building opened for electors to take rest.

ii.

Make adequate arrangements at every polling station for storage of drinking water in earthen pots and one employee or: a daily wage earner shall be deployed at every polling station to continuous refill the water pots,

iii.

Every polling party shall be supplied with oral rehydration medicines for their own use as well as for use in case of any voter needing the same due to heat stroke,

iv.

Every polling party shall be supplied with sugar and salt for oral rehydration therapy purposes,

v.

Have one page hand bills prepared by the Chief Medical Officers on "Dos and Don'ts" of heat stoke first aid and supply the hand bills to each of the polling parties.

vi.

The District Election Officer of each district where the constituencies that are going to poll are located shall requisition the services of para medical staff from the offices of the Chief District Medical Officers and such Para Medical Staff member shall accompany every mobile Patrol Unit and Sector Officer in their vehicles along with essential heat-stroke medicines. Such mobile patrol units shall touch every polling station once in every hour so that instant medical assistance would be available to any voter needing such help besides the first aid facilities given to the polling parties.

vii.

Also appeal to the electors to carry wet towels to protect themselves against dehydration and also advise women electors to avoid bringing children along with them to polling stations due to hot weather conditions.

Kindly acknowledge receipt and confirm action taken.

320

ITEM NO.145 Election Commission's letter No.64/2004/PLN-II, dated 28.12.2004 addressed to the Chief Electoral Officers of Bihar, Jharkhand and Haryana Subject: Polling stations - creation of auxiliary polling stations - Regarding It has been brought to the notice of the Commission that after the current revision of electoral rolls w.r.t. 01-01-2005 the number of electors in some parts of the electoral rolls is likely to exceed the existing limit of 1500.

Therefore, there could be a

necessity to create auxiliary polling stations for smooth conduct of poll during the ensuing general elections to the State Legislative Assembly. The Commission has considered the matter and decided that auxiliary polling stations may be set up when the number of electors attached to a polling station vis-à-vis electoral rolls part exceeds 1700. The auxiliary polling station should invariably be set up in the same building in which the main polling station is housed.

In case there is no space in the main polling station building then temporary

structure may be erected in the vicinity of the main polling station location within the compound.

Under no circumstances, should an auxiliary polling station be set up at a

distant place from the main polling station. While splitting the roll due care should be taken that entire section(s) of the part is/are moved to the auxiliary polling station. The splitting should not repeat not be done merely on the basis of numerical figures. However, as far as practicable number of electors may be distributed equally in the main auxiliary polling station.

Further, all the District Election Officers may be directed to apprise the observers about the creation of auxiliary polling stations in pursuance of the above directions of the commission.

Kindly acknowledge the receipt.

321

ITEM NO. 146 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief Electoral Officers of Haryana, Uttaranchal, West Bengal and Bihar and District Collectors of Rohtak, Haryana, Asansol, West Bengal and Kotdwar, Uttaranchal Subject :

Providing auxiliary polling stations and additional polling officers at polling stations for smooth polling.

Complaints have been received in the Commission that during previous elections long time is taken to caste votes at polling stations where number of electors is more than 1400. The Commission has considered this issue and decided as follows: (i)

Auxiliary polling stations may be opened where number of electors exceeds 1400. Such polling stations should be set up in the same premises and in case no proper accommodation is available in the same premises, a temporary tent may be erected to house the auxiliary polling station in the same compound.

(ii)

An additional polling officer may be provided at booths where number of electors is between 1200 – 1400. At such polling stations the duty assigned to 2nd polling officer i.e., recording to be done in Form 17A and issue of voter’s slip and application of indelible ink on the forefinger of the elector shall stand splitted. While one officer will make the entries in Form 17A and issue the voter’s slip and the additional person shall apply the ink.

(iii)

The Commission has also decided that an additional 2nd person may also be provided in polling parties who will verify whether the elector standing in queue to caste vote are carrying proper identification documents.

Only those electors

should be allowed to stand in queue who are either carrying Electoral Photo Identity Card (EPIC) or any one of the alternative documents, if permitted by the Commission. Kindly bring these instructions to the notice of all DEOs, ROs, AROs, Presiding Officers, Candidates and political parties and Observers.

322

In case any difficulty is faced in regarding setting up the auxiliary polling stations as stated above, the concerned DEO may get in touch with the concerned Chief Electoral Officer.

323

ITEM NO. 147 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officer, Bihar Subject :

Identification of hyper-sensitive/sensitive polling stations and requirement of Central Para Military Forces

During previous elections, lot of complaints were received regarding identification of hyper-sensitive/sensitive polling stations and requirement of Central Para Military Forces (CPMFs) in an arbitrary manner. Complaints were also received about the manner in which auxiliary polling stations were opened.

The Commission had also received complaints

regarding missing names and “Tola” (Hamlets) from correct polling stations. The Commission has noted these complaints seriously and issues following directions for strict compliance. (i)

All DEOs may be asked to identify the hyper-sensitive and sensitive polling stations immediately. Classification of hyper-sensitive/sensitive polling stations should be done on merit after consulting various political parties. The number of such polling stations should not be excessive.

Classification of such polling stations should not be

changed later arbitrarily. (ii)

All DEOs may be asked to verify physical condition of all polling stations immediately and send proposals for change in only those cases where building is in dilapidated condition.

(iii)

Wherever number of electors exceed 1400 or wherever there is a need felt for separate polling station for weaker sections, necessary proposal may be sent for creation of auxiliary polling stations. Auxiliary polling stations should be opened in the same building when number of electors cross 1400. In case, extra room is not available, a tent may be erected.

(iv)

If a person is found to have been enlisted in wrong polling station then an application in Form 8A may be obtained for transposition of entry or a fresh application in Form 6 may be obtained for addition in correct polling station and Form 7 for deletion from wrong polling station.

324

(v)

If an entire ‘tola’ (hamlet) is found missing from correct polling station and enlisted in wrong polling station, the problem may be sorted out by opening an auxiliary polling station.

325

ITEM NO.148 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry (Separate instructions were already issued to CEOs of West Bengal and Pondicherry) Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Providing auxiliary polling stations

Complaints have been received in the Commission that during previous elections long time is taken to caste votes at polling stations where number of electors is more than 1400. The Commission has considered this issue and decided as follows: (iv)

Auxiliary polling stations may be opened where number of electors exceeds 1200. Such polling stations should be set up in the same premises and in case no proper accommodation is available in the same premises, a temporary tent may be erected to house the auxiliary polling station in the same compound.

(v)

An additional polling officer may be provided at booths where number of electors is between 1200 – 1400 and where auxiliary polling station cannot be opened. At such polling stations the duty assigned to 2nd polling officer i.e., application of indelible ink on the forefinger of the elector and recording to be done in Form 17A and issue of voter’s slip and shall stand splitted. While polling officer 2A shall apply the ink, polling officer 2B will make the entries in Form 17A and issue the voter’s slip. Kindly bring these instructions to the notice of all DEOs, ROs, AROs, Presiding

Officers, Candidates, Political Parties and Observers.

In case any difficulty is faced in setting up the auxiliary polling stations as stated above, the concerned DEO may get in touch with the concerned Chief Electoral Officer. With regards,

326

ITEM NO.149 Election Commission’s letter No.64/POND/2006, dated 17.03.2006 addressed to the Chief Electoral Officer, Pondicherry, Pondicherry Subject:

Preparation of polling stations in UT of Pondicherry – Setting up of auxiliary polling stations – regarding.

I am directed to refer to your letter No.E.50/2006 dated 02.03.2006 on the subject cited and to state that the course of action proposed in this behalf has been approved. However, each case for modification may be submitted to the Commission for necessary approval, in the format prescribed.

COPY ELECTION – URGENT FAX/POST COPY GOVERNMNT OF PONDICHERRY ELECTION DEPARTMENT No.D.50/2006

Pondicherry, dt.02.03.2006

To Shri Anand Kumar, Deputy Election Commissioner, Election Commission of India, Nirvachan Sadan, Ashoka Road, NEW DELHI – 110001. Sir, Sub: To set up auxiliary Polling Stations n the Union Territory of Pondicherry. The final publication of E-rolls had been published on 24.2.2006 and 25.2.2006, respectively. The total electors in the Union Territory would be 6.50 lakhs, approximately. 2. There are already 557 existing polling stations, as per the last Lok Sabha and Assembly elections. Based on the latest revision, the following pattern has been emerged: i) ii) iii)

Polling stations having voters more than 1200 and above – 243 Polling stations having voters more than 1300 and above – 194 Polling stations having voters more than 1400 and above – 196

3. Now, the assembly elections has already been announced, the Commission may kindly consider the following for approval:

327

4.

i)

The polling stations having more than 1200 voters but less than 1400, provision or posting an additional polling officer. The number would be 97.

ii)

The polling stations having more than 1400 voters and above, provision for setting up of auxiliary polling station. The number would be 146.

Submitted please. Yours faithfully, Sd./(S. KKUMARASWAMY) CHIEF ELECTORAL OFFICER

328

ITEM NO.150 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry –Proposals for shifting o polling stations from higher floors to ground floor for the benefit of disabled electors

Kindly recall Commission had asked you to send proposals for shifting the polling stations that are now located on higher floors to ground floor for the benefit of disabled electors. In case any such proposals are still pending, you are requested to expedite them. Further you are once again requested to issue instructions to all District Election Officers to provide ramps for the benefit of disabled persons.

With regards,

329

ITEM NO.151 Election Commission’s letter No.464/WB-LA/2006, dated 18.03.2006 addressed to the Chief Electoral Officer, West Bengal Kolkata Subject:-

General Election to Legislative assembly of West Bengal, 2006 Providing of one additional polling personnel in each polling party – Regarding I am directed to refer to your letter NO.092/CEO/WB/06 dated 15.03.2006 on

the above mentioned subject and to state that the Commission has agreed to your proposal made therein. Now the composition of the polling party shall be as ‘One Presiding Officer + four polling officers”. The additional or fourth polling officer will verify whether electors standing in queue to cast vote are carrying proper identification documents.

This may

kindly be brought to the notice of all the DEOs/ROs/AROs etc. Kindly acknowledge receipt. COPY Government of West Bengal Home (Constitution & Election) Department 4, Camac Street, 2nd floor, Kolkata-700016 From: Shri Debashis Sen, IAS Chief Electoral Officer, West Bengal To

: Shri R.K. Shrivastava, Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001.

No.056/CEO/WB/06

Dated : 04.03.2006 Sub : Setting up of auxiliary booths where the Number of electors exceeds 1200.

Sir, Kindly refer to the Press Note released by the Commission under No.ECI/PN/04/2006, dated 1st March, 2006, announcing the schedule for General Elections to W.B.L.A. – 2006. As per the said Press Note, auxiliary polling booths are to be opened in the same building for polling stations where number of electors exceeds 1200 in order to facilitate voting and provide one additional polling personnel at polling stations where such booths cannot be opened. As per finally published Electoral Roll 2006 there are 12484 number of polling stations where number of electors exceeds 1200 and if auxiliary booths are to be set up in respect of all such polling stations then the total number of polling booths will be 61252 which may invite problems in over all Poll management system.

330

If auxiliary booths are set up in respect of polling stations where number of electors exceeds 1400 (4841 Numbers) and one additional polling personnel is provided at polling station where number of electors exceeds 1200 but remain upto 1400 then those problems may be minimised. In earlier elections the same stand was taken. In view of above, I would request you to kindly move the Commission to consider the above proposal and issue appropriate instruction at the earliest. Yours faithfully, Sd./Chief Electoral Officer, West Bengal COPY SECRETARIAT OF THE ELECTION COMMISSION OF INDIA No.23/WB/2006 Dated 11.03.2006

NIRVACHAN SADAN ASHOKA ROAD, NEW DELHI-11001

To, The Chief Electoral Officer, West Bengal, Kolkata Subject:- General election to Legislative assembly of West Bengal, 2006 – polling stations – Regarding Sir, I am directed to refer to your letter NO.056/CEO/WB/06 dated 4 th March, 2006, on the subject cited and to stare that the Commission has approved the proposal to set up auxiliary polling stations where number of electors exceeds 1400. As regards, your proposal to have one more polling officers in polling stations with electors in range of 1200-1400, you may intimate what will be the duties of each of the four polling officers. Yours faithfully, Sd./(R.K. SRIVASTAVA) SECRETARY COPY Government of West Bengal Home (Constitution & Election) Department 4, Camac Street, 2nd floor, Kolkata-700016 From: Chief Electoral Officer, West Bengal To

: Shri R.K. Shrivastava, Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road,

331

New Delhi-110001. No.092/CEO/WB/06

Dated : 15.03.2006

Sub : Providing one additional polling personnel In each polling party. Sir, Kindly refer to Commission’s instructions bearing No.464/INST/2005/PLN-I/1160-62, dated 10th September, 2005 to the effect that an additional 2 nd person may be provided in polling parties who will verify whether the elector standing in queue to caste vote are carrying proper identification documents. 2. The said instruction was issued on the eve of holding Bye-Election to 38-Asansol Parliamentary Constituency on 28th September, 2005. 3. Kindly move the Commission for issuing necessary instruction as to whether such additional 2nd person will also have to be provided in the ensuing General Election to W.B.L.A.-2006. In that case, each polling party will consist of 5 persons (1 Presiding Officer + 4 Polling Officers) instead of 4 persons (1 Presiding Officer + 3 Polling Officers). 4. Though it has also been stipulated therein that an additional Polling Officer may be provided at booths where number of electors is between 1200-1400, but in the meeting held on 13th March, 2006, in presence of the Deputy Election Commissioner, all the District Election Officers have expressed their unanimous opinion that the same may not be required. 5.

We would seek the approval of the Commission that no additional Polling Officer at such booths i.e. (1200-1400) may be deployed during the ensuing General Election to W.B.L.A.-2006. Yours faithfully, Sd./(Debashis Sen) Chief Electoral Officer, West Bengal

332

D. APPOINTMENT OF ELECTION AGENT AND POLLING/COUNTING AGENTS

333

ITEM NO. 152 Election Commission's Letter No. 576/11 /96/J.S-II, dated 02.04.1996, addressed to The Chief Electoral Officers of all States and Union Territories. Subject: Appointment of Polling Agents - identification I am directed to refer to the Commission's letter No. 576/11/96/J.S. II dated 24th January, 1996 and 28th February, 1996, requiring three copies of photographs of each of the polling agents to be made available to the Returning Officer and the detailed procedure in regard to the maintenance and use of the three photographs in order to enable the Presiding Officers to be satisfied that polling agents are appointed by the candidate or their Election Agents only and not by an unauthorized person. This was in supersession of the Commission's earlier letter No. 576/11/94/J.S. II/Vol. I dated 16th December, 1994 on the subject, in which it was directed that specimen signatures of the contesting candidates and their election agents should be obtained by ROs and photocopies of the signatures supplied to each Presiding Officer. Observer of the Commission, Zonal Magistrate/Sector Magistrates etc. in the Constituency. 2.The Commission has since received representations from various political parties indicating practical difficulties in obtaining the photographs of the polling agents, mobilization of a large number of persons for photocopy, inadequate photography facilities in rural areas and tribal areas in addition to the cost which would be imposed on electioneering as an election expenditure. The Commission has carefully considered the practical difficulties expressed by the political parties in complying with the requirements of filing three copies of photographs of each polling age agent. 3.Having due regard to the genuineness of the difficulties expressed by the political parties, the Commission has decided to restore the status quo ante and directed that the procedure detailed in the Commission's letter No. 576/11/94/J.S. II/Vol. I dated 16th December, 1994 (copy enclosed) should be adequate to take care of preventing any malpractices and unscrupulous methods in the appointment of polling agents, if the specimen signatures of the candidates and their election agents are forwarded to the Presiding Officers as directed in the letter under reference. The Commission has, however, directed that this procedure of sending the specimen signatures in the form enclosed to the letter dated 16.12.1994 shall be followed without fail. In addition, it will be the responsibility of the Presiding Officer to satisfy himself in any other manner as to the bonafide and genuineness of the polling agent and his identity. Wherever, the Presiding Officer feels the necessity to have the identity of the polling agents established, he will, in addition to the requirement of the specimen signature being fulfilled be at liberty to require of the person seeking appointment as polling agent, the production of such documents as would establish his bonafide through any other means such as identity card, pass book, etc. 4.These notifications do not repeat not apply to counting agents. 5.These instructions shall be given in widest publicity. 6.Receipt of this letter with its enclosures shall be acknowledged immediately.

334

Enclosure Letter number 576/11 /94/J.S-II Vol. I Dated 16th December 1994 addressed to the Chief Electoral Officer of all States and Union Territories Subject: Providing the Presiding Officers with a set of specimen signatures of candidates and their Election Agents - Directions I am directed to state that Section46 of the Representation of the People Act, 1951 read with rule 13 of the Conduct of Elections Rules, 1961 provides that at every election each candidate or his election agent can appoint one polling agent and two relief polling agents at each polling station. However, only one polling agent of a candidate should be allowed inside the polling station at any given time. Every polling agent must produce before the Presiding Officer of the polling station the appointment letter in Form 10 appended to the Conduct of Elections Rules, 1961 by which the candidate or his election agent has appointed him. 2.However, the Presiding Officer of a polling station is not in a position to verify the signature of the candidate or his election agent as given in appointment letter in Form 10 presented to him by the polling agent as he will not be having the specimen signatures of the candidates or their election agents. This may result sometimes in presentation of spurious Form 10 by unscrupulous persons with the purported/ forged signatures. 3.In order to prevent any such malpractices and unscrupulous methods at the polling stations, the Commission has devised a Format for obtaining and circulating the specimen, signatures of the candidates and their election agents, which is forwarded herewith. 4.A copy of the Format may be furnished to all Returning Officers in your State/Union Territory with the direction that the specimen signatures of all the contesting them on the Format and after taking photocopies thereof in sufficient numbers, supply to each Presiding Officer, Observers of the Commission, Zonal Magistrates and Sector Magistrates, etc., in the constituency. 5.Under the law, it is not obligatory on the part of the candidates to appoint an election agent. Therefore, if any of the candidates has not appointed any election agent, then in the column meant for the signature of the election agent, the words "No Election Agent appointed" may be recorded in the Format. The candidates are further at liberty to revoke the appointment of an election agent and to appoint another person as the election agent. If such a change in the appointment is made at the last moment when the Presiding Officers have already been supplied with the copy of the Format containing the specimen signatures as originally furnished by the contesting candidate, then it shall be the responsibility of the candidate concerned to supply a copy of Form 9 revoking the appointment of the election agent and a copy of Form 8 appointing the new election agent to each Presiding Officer. 6.The Commission hereby further directs that if any candidate and/or his election agent refuse(s) to affix specimen signature on the Format, they may be informed that the Presiding Officer may not entertain any appointment letter in Form 10 from the polling agents appointed by them if the Presiding Officer is in reasonable doubt as to the genuineness of

335

the signature of the candidate or his election agent whose specimen signature is not available in the prescribed Format. 7.This procedure shall be followed at every election to be announced from now onwards without fail. A copy of these instructions translated into regional languages be supplied to each person at the time of filing of nominations. A suitable Press Note shall also be issued at the time of each election. 8.Copies of these instructions may also be forwarded to all the political parties in the State/Union Territory. 9.Receipt of this letter with its enclosures shall be acknowledged immediately.

Format for Specimen Signature of Candidates and their Election Agents *General/Biennial/Bye- election (Month/year) No. Name of * Assembly Lok Sabha Constituency___________________________________ Leg. Council______________ (*Delete whatever is not applicable]

The specimen signatures of contesting candidates and their Election Agents are given below for the purpose of verification of their signatures by the Presiding Officer in the letters of appointment of Polling Agents at the time of poll :Name of Contesting

Specimen Signature

Name of his/ her Election Agent

Specimen Signature

1.

Shri/Smt./Ms. (Candidate No. 1)

...................................

Shri/Smt./Ms.

..................................

2.

Shri/Smt./Ms. (Candidate No. 2)

...................................

Shri/Smt./Ms.

..................................

3.

Shri/Smt./Ms. (Candidate No. 3)

...................................

Shri/Smt./Ms.

..................................

Place Date:

Signature: (SEAL) Returning Officer

336

ITEM NO. 153 Election Commission's Letter No. 576/10/96/Judl-II, dated 26.08.1996, addressed to The Chief Electoral Officers of all States and Union Territories (Except Jammu and Kashmir). Subject: Issue of Photo identity cards to candidate and election agents I am directed to invite your attention to paras 8.1 and 8.2 of Chapter VII of the Handbook for Returning Officers (1996 Reprint - page 91) wherein it has been directed that each contesting candidate should be issued with an identity card in the format prescribed under the said para 8.1. 2.At present, the candidate's identity card does not bear any photographs of the candidate. Therefore, there may be difficulty in establishing the identity of the candidate and there is also scope for misuse of that card by impersonation for a candidate. 3.The Commission has decided that in all further elections the identity cards issued to contesting candidates shall bear their photographs. For this purpose, all candidates should be instructed by the Returning Officer to furnish two copies of their recent photographs as soon as the list of contesting candidates. The identity cards of all candidates should hereafter be prepared in duplicate so that the duplicate copy is kept as office copy for the purposes of record by the Returning Officer. Photograph should be pasted on the top right portion of the identity card. For this purpose, the identity cards in the prescribed format should be got printed in adequately big size so that it contains sufficient space for pasting the photographs on the right top portion. Photographs of the candidate should be attested by the Returning Officer and his seal should be so put on the photograph that a portion thereof is affixed on the photograph and the rest on the identity card. 4.Further, the Commission has decided that an election agent appointed by a contesting candidate under section 40 of the Representation of the People Act, 1951 read with rule 12 of the Conduct of Elections Rules, 1961 should also carry an identity document bearing his photograph. The appointment of his election agent is made by a contesting candidate in Form 8 appended to the said Rules and that Form is required to be furnished by the Candidate/election agent in duplicate to the Returning Officer who returns one copy thereof to the election agent after affixing thereon his seal and signature in token of the approval of his appointment. The said letter of appointment of election agent in Form 8 itself serves the purpose of identity document for such election agent at present. In future, all candidates may be instructed to affix the photographs also off their election agents on the right top portion of both the copies of their appointment letters in the Form 8. These Photographs should also be attested by the Returning Officer in the same manner as has been instructed in the case of attestation of photographs of the candidate in the preceding paragraph. 5.All Returning Officers and other election authorities concerned in the matter should be informed of the above directions of the Commission immediately for their information and strict compliance at all future elections. 6.These directions of the Commission should also, be given wide publicity among the political parties, candidates etc. 7.Kindly acknowledge receipt.

337

ITEM NO. 154 Election Commission's Letter No. 464/INST/97/[MIN]/PLN-1, dated 03.03.1997, addressed to The Chief Electoral Officers of All States & Union Territories. Subject: Appointment of sitting Ministers as Election Agents and Counting Agents 1.It has come to the notice of the Commission that sometimes in the elections a candidate appoints a sitting Minister as his Election Agent for Counting Agent to facilitate his electoral activities. There have been objections raised from several quarters where this has occurred. 2.The Commission has examined this issue at length and feels that there is some substance in the charge that these actions are resorted to in order to over-awe the polling and counting staff who are officials in the Government. 3.More importantly, provisions under the standing instructions under the Conduct of Elections Rules, 1961 state that security personnel are not allowed to enter the counting hall of the polling booths. Thus the Minister of a Government whose security needs has been assessed, and thereafter such security has been extended to and funded for him by the State will be entering into these premises without the security cover that he is required to have by virtue of the office he holds. Deliberately jeopardizing one's own security is a choice that cannot be allowed to be exercised by the recipient of such security. 4.As the personal security allowed to the Minister is a serious business, the Election Commission feels that it should not be jeopardizing and, therefore, a Minister should not be allowed to function as an Election Agent, Polling Agent or a Counting Agent of any candidate. This may please be brought to the notice of the Returning Officers of all parliamentary and assembly constituencies. Receipt of the this letter may kindly be acknowledge.

338

ITEM NO. 155 Election Commission's letter number .576/12/2001/J.S.II dated 20.04.2001 addressed to the Chief Electoral Officer, Uttar Pradesh, Lucknow. Subject: Appointment of MP and MLA as Election Agent I am directed to refer to your letter No. 984/C.E.O-2/ dated 4 th April, 2001, on the above subject, and to invite your attention to the Commission's instruction in letter No. 576/3/98/JS-II, dated 3-2-1998, reproduced at p.p. 45-46 of the Compendium of Instructions on Conduct of Elections Volume-II, 1999. It has been directed therein that the candidates, in their own interest, would be well advised not to appoint any person as their election agent who is recipient of any form of security cover by the State which requires him to be accompanied by security personnel carrying arms. This would ensure all election agents to move about freely to look after interests of their candidates during the campaign period, the day of polling and the day of counting. It is, therefore, clarified that an MP or an MLA having security cover should not be allowed to function as an election agent of any candidate.

339

ITEM NO. 156 Election Commission’s letter No. 576/12/2004/JS-II, dated 01.12 2004 addressed to the Chief Electoral Officers of All States and Union Territories. Subject: Persons with Security cover- appointment as Election Agent etc. -clarification. I am directed to invite a reference to the Commission's letter No. 464/TNST/97/(MIN)/Pln. I, dated 3.3.97 (reproduced at P.88 of Compendium Vol. I) and No. 576/3/98/J.S.II dated 3.2.1998 read with letter No. 476/3/98-JS-II dated 14.2.98 (reproduced at pages 45 and 49 of Compendium Vol. II).

The Commission has directed therein that M.Ps./M.L.As. with security cover provided by the State should not be appointed by candidates as their election agents/polling agents/counting agents. The logic behind such an embargo is that the security personnel attached to the protectee cannot be permitted inside polling stations, counting centers etc., as explained in the above referred letters. It is clarified that the same logic and yardstick will also be applicable in the case of all persons other than Ministers, M.Ps. and M.L.As., who have been provided with security cover by the State, and no such person should be allowed to be appointed as election agent, polling agent or counting agent on behalf of any candidate.

This may be brought to the notice of all political parties in the State/Union Territory.

The receipt of this letter may be acknowledged.

340

ITEM NO. 157 Election Commission's letter No.464/INST/2005/PLN-I, dated 28.01.2005 addressed to the Chief Electoral Officers of Bihar, Haryana and Jharkhand Subject: State Assembly Elections, 2005 - Issue of Photograph/Identity Card to the Polling Agents I am directed to invite your attention to the instructions contained in Para (b) of the Commission’s letter No.464/INST/2005/PLN-I, dated 25.01.2004, which said:"The candidate shall appoint only those persons as their polling/counting agents who are registered electors and who have an Electoral Photo Identity Card (EPIC) or any other document issued by the government or any government agency which bears his/her photograph and establishes his/her identity. All polling/counting agents shall display the EPIC or said identification document prominently on person on the day of poll or counting for easy and quick identification." Various representations have been received in the Commission from political parties/candidates saying that sometimes they find it difficult to get adequate number of suitable persons for appointment as polling agents. At times, the selected persons do not have Electoral Photo Identity Cards (EPIC) or any other document issued by the government agency which bears their photograph and establishes their identity. The political parties have, therefore, requested the Commission to make some other alternative arrangements for issuing some kind of photographed identity card to such persons and allow them to act as polling agents. The Commission has considered the request and decided that in the circumstances described above, the candidates or their elections agents will make a formal request, in writing, to the Returning Officer/Assistant Returning Officer furnishing therewith two copies of passport sized photograph of the prospective polling agent at least two days before the date of the poll. The Returning Officer/Assistant Returning Officer will then issue a photographed identity card to the person to enable him to act as a polling agent. The polling agent will be required to produce this identity card alongwith his appointment letter in Form-10 before the Presiding Officer to enter the specific polling station and act as polling agent.

341

E. CONDUCT OF POLL

342

ITEM NO. 158 Election Commission's letter No. 576/3/84/-JS-II, dated 07.11.1984 for Chief Electoral Officers of States/Union Territories. Subject: General/Bye-elections - Impersonation at elections - check measures 1.I am directed to state that measures to effectively prevent impersonation during elections have been under the consideration of the Commission. 2.As you are aware, impersonation is an offence under section 171-D. Under this section a person who applies for a voting paper of votes in the name of another person, whether living or dead or in a fictitious name or who having voted once at an election applies for voting paper again or whoever abates etc, commits the offence of impersonation (i.e. bogus voting) and any such offence is punishable with imprisonment of either description for a term which may extend to one year or with fine or with both. 3.You are also aware that under Commission's instructions the unofficial identity slips brought by voters should not be accepted as establishing the voter's identity. It is the duty of the Polling Officer concerned with identification to take the slip from the voter and ask him to give out details of his name, etc., so they may be checked with the details given in the electoral roll. This procedure would, to a large extent, be a safeguard against impersonation and therefore should be scrupulously followed in every polling station.4. The Commission is of the opinion that in order to check impersonation, the provisions of section 171-D of the I.RC. should be given wide publicity during elections, so that the voters may know the consequences of the practice of bogus voting and may be discouraged from indulging in the same. 5.Similarly the instructions of the Commission referred to in paragraph 3 above should be printed and given to each polling station so that those instructions may serve the objective. 6.I am therefore, to request that action as indicated above may kindly be taken at the time of all future elections. 7.The earlier instructions of the Commission contained in its letter No. 23/78, dated 31st August 1978 may be treated as superseded. 8.The receipt of this letter may kindly be acknowledged.

343

ITEM NO. 159 Election Commission's message No. 464/LA/85, dated 07.02.1985 to all Chief Electoral Officers. Subject:

Preparation of Ballot Paper Account and Supply of attested

copies to agents. Reference Assembly General Election in March 1985. Attention is invited to instructions contained in paragraph three to five of Chapter XX of Hand-book for Presiding Officers (1984-Edition) regarding preparation of ballot paper account and supply of attested copy of account to agents of candidates at polling stations and non-sealing of Presiding Officers diary. Commission hereby directs that Presiding Officer while preparing ballot paper account should prepare one extra copy of account and that copy should be attached with Presiding Officers diary. Further Presiding Officer Diary along with extra copy of ballot paper account should not repeat not be sealed or kept in strong room where polled ballot boxes are kept. Presiding Officers dairy should always be available for inspection till counting of votes is over and result of election has been declared. Inform all Returning Officers and Presiding Officers to comply with above directions in the General Elections and all future elections. This should be brought out clearly during training classes conducted for Presiding/Polling Officers. Acknowledge receipt and confirm action taken. NB: (In the above said instruction any reference of ballot paper account may be treated as Account of votes recorded- Form 17 C)

344

ITEM NO. 160 Election Commission's message No. 576/11/88 L.S. II, dated 14.06.1988 to Chief Electoral Officers. Subject: Obligatory supply of ballot paper accounts to agents by the Presiding Officers - Instructions It has been represented to Commission that in some of the Polling Stations ballot paper accounts are not given to polling agents. Attention of Presiding Officers may be drawn to rule 45 of Conduct of Elections Rules, 1961, under which it is obligatory for the Presiding Officer to furnish to every polling agent at close of poll a true copy of the entries made in ballot paper account after obtaining receipt from the said Polling Agent therefor. Presiding Officer has also to attest such copy of entries as true copy. This position has also been explained in paragraph 4 of chapter XX of Hand book for Presiding Officers. These instructions once again may be brought to the notice of Presiding Officer for strict compliance. Any failure on the part of Presiding Officers to furnish true copies of entries in ballot paper account will be viewed seriously and disciplinary action is liable to be taken against the defaulters. Please acknowledge receipt and confirm action taken. NB: In the above said instruction any reference of ballot paper account may be treated as Account of votes recorded- Form 17-C.

345

ITEM NO. 161 Election Commission's Letter No. 576/3/94/J.S.II dated 19.05.1994, addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Procedure for examination and preservation of Presiding Officers' Diaries after completion of poll - Instructions I am directed to say that it has been observed that some-time Presiding Officers' Diaries received by Returning Officers after completion of poll are kept by them in the strong rooms in which polled ballot boxes are stored. This is procedurally wrong. In the strong room containing polled ballot boxes, only the packets containing(1)ballot paper accounts, (2)paper seal accounts and (3)declarations by Presiding Officers before the commencement of poll, during poll when a new ballot box is used and at the close of poll should alone be kept along with the polled ballot boxes. 2.Diaries of Presiding Officers should not be kept in the strong rooms in any event. These diaries should be kept either under the safe custody of Returning Officer or under safe custody of one of the Assistant Returning Officer to be specifically authorised by Returning Officer for this purpose, Special care should be taken to ensure total safety. 3.These diaries should be studied and examined with meticulous care as soon as polled ballot boxes and election materials of each polling station are deposited at the storage centre. Information contained in these diaries should be taken into account by the Returning Officer when he sends the third report regarding poll which is required to be sent by him to the Commission by 0700 hours on the day following the day of poll. It should be clearly mentioned in the said report that all diaries have been checked and examined and that the report taken into account inter alia all material information contained in those diaries and the reports of sector/zonal Magistrate etc. 4.On the perusal of aforesaid diaries or on any other information/report received by Returning Officer requiring completion of adjourned poll or fresh poll under the provisions of Section 57 or 58 or 58A of the Representation of the People Act, 1951, Returning Officer should make necessary reports to Commission in the proforma prescribed for the purpose vide Commission's letter No. 576/3/91, dated 7- 8-91. Any report under the said sections 57 or 58 or 58A of the Representation of the People Act, 1951 received otherwise than in the prescribed proforma or in piecemeal will not be acted upon. 5.If no case of adjourned poll/fresh poll is being reported, the third report referred to above should make a clear and unequivocally mention of the same. 6.The above instructions should be brought to the notice of all Returning Officers for strict observance and adherence. Any failure in observance of the said instructions will be viewed with grave concern. Kindly acknowledge receipt immediately.

346

ITEM NO. 162 Election Commission's Order No. 576/1 1/(ES027)/95/JS-II dated 05.01.1995 addressed to the Chief Secretaries/CEOs of Arunachal Pradesh, Bihar, Gujarat, Maharashtra and Orissa. Copy also forwarded for information and similar action at all future elections to the Chief Secretaries and Chief Electoral Officers of all other States/Union Territories. Subject: Steps to prevent commission of irregularities by Presiding officers ORDER The Election Commission has observed at the recently concluded general elections to the Legislative Assemblies of Andhra Pradesh, Goa, Karnataka and Sikkim that several irregularities of serious nature were committed by the Presiding Officers at the polling stations which sometimes may have a material effect on the result of the election in the constituency concerned. 2.

Some of these serious irregularities noticed were of the following nature: (i)

Omitted

(ii)

Omitted

(iii)

Omitted

(iv) The ballot boxes in many cases were not found to be properly sealed and secured in accordance with the directions and instructions of the Commission, which led to unnecessary doubts with regard to the safety of the contents thereof. (v) The Presiding Officers' diaries in a large number of cases were found to have not been filled in all respects and many of items were either left blank or were not adequately answered so as to reflect the true picture of the proceedings at the polling station as and when the same took place. In particular, item 18 showing the number of votes polled during every two hourly period did not seem to have been filled regularly at the end of the two hourly interval, but seemed to have been filled after the close of poll, on the basis of some conjectural calculations. 3.The above is only an illustrative list and not an exhaustive list of irregularities found to have been committed by the Presiding Officers. It hardly needs to be emphasized that such irregularities may vitiate the entire poll proceedings at the polling stations requiring a fresh poll in appropriate cases. The enormous inconvenience to electors of the affected polling stations, candidates and their agents, apart from the great administrative and financial strain on the Administration and electoral authorities, involved in the conduct of fresh poll also hardly need to be explained. 4.In order that no irregularities of any type are committed by the Presiding Officers and Polling Officers in the conduct of poll at the polling stations and the poll is taken strictly in accordance with the relevant statutory provisions and the directions and instructions of the Commission, the Commission hereby directs that(i) In all training/rehearsal classes for the polling personnel, not only will the polling process be explained and demonstrated in detail but there will be compulsory emphasis on all the statutory

347

requirements and the directions and instructions of the Commission and emphatic insistence on the strict observance of the same by the Presiding Officers and the Polling Officers without fail; (ii) In such training/rehearsals classes, it will be unequivocally and unambiguously brought home to all polling personnel that any irregularity or lapse on their part will be viewed with the utmost concern by the Commission and the defaulting officers will not only be visited with stringent penalty under the disciplinary rules, but they will also be liable for prosecution (a) under Section 134 of the Representation of the People Act, 1951 for the offence of breach of official duty which is a cognizable offence and punishable with fine up to Rs. 500/-, and (b) in appropriate cases, even under Section 135A of the said Act for the offence of booth capturing or aiding or conniving in such offence which is punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine; (iii) In case any irregularity or lapse is observed on the part of any Presiding Officer or Polling Officer despite the unequivocal and unambiguous instructions at the training/rehearsals classes as contemplated in sub-paras (i) and (ii) above, the Returning Officers shall forthwith, and in any case within one month of the declaration of the result of election in the constituency, initiate proceedings before the competent Court against the defaulting officers under the aforesaid sections 134 and/or 135A of the Representation of the People Act, 1951. (iv) The Returning Officers shall simultaneously initiate the disciplinary proceedings against the defaulting Presiding Officers and Polling Officers for the aforesaid irregularities/lapses; and (v) The Returning Officers shall thereafter report full facts of all such prosecutions launched and the disciplinary proceedings initiated, to the Election Commission and to the Chief Electoral Officer within 15 days of the launching of such prosecutions/proceedings. A copy of this order in English/Hindi as well as in local official language(s) shall be made available to every Presiding Officer at the time of training. In the above said instruction the reference of ballot paper account may be treated asAccount of votes recorded, Form 17C and a reference of ballot box may be treated a EVM.

348

ITEM NO. 163 Election Commission's letter No. 464/INST/98/PLN-I dated 14.02.1998 addressed to Chief Secretaries and CEOs of all States & UTs. Subject: General Elections, 1998 — Safe custody of polled Ballot Boxes I am directed to state that fool proof security arrangements shall, be made for safe custody of polled Ballot Boxes after the poll. Central Forces should also be deployed as far as practicable in appropriate strength at the places where boxes are stored to avoid any untoward incidents. It shall be the responsibility of the Returning Officers and the CEOs to ensure that all necessary preventive measures are taken for safe custody of Ballot Boxes. These instructions may be brought to the notice of all concerned immediately.

349

ITEM NO. 164 Election Commission's letter number 576/11/98-JS-II dated 21.11.1998 addressed to CEOs of all States and UTs. Subject: Maintenance of Presiding Officers' Diary and preparation of Ballot Paper Account by Presiding Officers- Steps to prevent irregularities - regarding I am directed to invite your attention to the Commission's Order No. 576/I 1/(ESO27)/95/JSII, dated 5th January, 1995 and to say that it has been observed by the Commission at the recently concluded general elections to the House of the People and various Legislative Assemblies held in February/March 1998 that the irregularities mentioned in the aforesaid Order are still committed by the Presiding Officers at the polling stations inspite of clear instructions contained therein. The Commission has taken a very serious note of these irregularities particularly those mentioned below. (a)In a large number of cases the Presiding Officers' diaries were found to have not been filled in all respects and many items were either left blank or were not adequately answered so as to reflect the true picture of the proceedings at the polling stations as and when the same took place. In particular item 18 showing the number of votes polled during every two hourly period did not seem to have been filled regularly at the end of the two hourly interval, but seemed to have been filled after the close of poll on the basis of some conjectural calculations. (b)It has also been observed that in many cases, the Ballot Paper Account in Part I of Form 16 was not properly and accurately prepared with the result that there were discrepancies in the number of ballot papers supposed to be contained in the ballot box(es) of a polling stations and the number of ballot papers actually found therein and there was a lot of wastage of valuable time and effort to reconcile those discrepancies. (c)In some cases, ballot papers were not detached from their counterfoils before issue to electors and ballot papers were inserted into the ballot boxes along with their counterfoils intact which could lead to violation of secrecy of vote. 2. It hardly needs to be emphasized that such irregularities may vitiate the entire poll proceedings at the polling stations requiring a fresh poll in appropriate cases. In order to ensure that such irregularities are not committed by the Presiding Officers and Polling Officers in the conduct of poll at the polling stations, the Commission hereby directs that (a)The Presiding Officer shall fill up the Presiding Officers diaries in accordance with the instructions contained in Chapter XXI of the Hand Book for Presiding Officers. The Presiding Officers shall also prepare a complete and accurate of account of ballot papers in accordance with the instructions contained in paragraph 3.1 of chapter XX of the Handbook for Presiding Officers; (b)An attested true copy of the ballot paper account shall be furnished to every polling agent present at the closing of poll after obtaining the receipt from the polling agent;

350

(c)It may also be brought to the notice of all the Presiding Officers that in case any irregularities or lapse is observed on the part of any Presiding Officer or Polling Officer, the same will be viewed with the utmost concern by the Commission and the defaulting officers will not only be visited with penalty under the disciplinary rules, but they will also be liable for prosecution under Section 134 of the Representation of the People Act, 1951. 3The above instructions may kindly be provided to the notice of all Presiding Officers, Returning Officers, District Election Officers and other officers connected with the conduct of elections in your State for strict compliance at all elections including the elections scheduled to be held on 25th November, 1998. Receipt of this letter may kindly be acknowledged.

351

ITEM NO. 165 Election Commission letter No.576/12/99-JS-II, dated 18.08.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Polling Agents not to be allowed to take away the copy of electoral roll outside the polling booth during the poll hours. I am directed to state that in the Conference of the Chief Electoral Officers held at Nirvachan Sadan, New Delhi, on 22nd July, 1999, a proposal was mooted by CEO, Uttar Pradesh that Polling Agents should not be allowed to take away their copies of electoral roll outside the polling booth during polling hours. 2.It was pointed out that during the previous elections, there were instances when the polling agents took away their copies of electoral rolls, duly marked, outside the polling booths and sometimes the same was used to depute persons to impersonate electors who did not cast their votes. 3.The Commission has considered the above proposal and has directed that polling agents shall not be permitted to take their marked copy of electoral rolls outside the polling booth during polling hours, for any reason whatsoever, he should be permitted to leave the booth only after he hands over the list of the electoral roll to the Presiding Officer. 4.The above directions of the Commission should be brought to the notice of the R.Os./D.E.Os., Presiding Officers, Polling Officers, Polling Agents and other election related authorities for their information and strict compliance. 5.Receipt of this letter may kindly be acknowledged.

352

ITEM NO. 166 Election Commissions letter No. 4/3/2001/J.S.II, dated 29.03.2001 all recognized national/state parties and copy to all CEOs Subject: Issue of Unofficial Identity Slips I am directed to invite your attention to Commission's instructions in para 11.1 and 11.2 (Campaign Period) in Chapter - VII of Handbook, for Candidates which are reproduced below : "The political parties/candidates may issue unofficial identity slips containing the following information to the voters. (i) The name and serial number of the voter in the electoral roll; (ii) The number of the part of the electoral roll; (iii) The serial number and name of the polling station; and (iv) Date of poll. The identity slips should be on white paper and should not contain the name of the candidate and/or the name of his party and/or the election symbol of the candidate or his party. The slips should not also contain any slogans or any exhortation to vote for a party or for a candidate since these slips, if carried by the voters to the polling stations would amount to canvassing within the polling stations which is not permissible. The circulation of any slips within 100 meters of the polling station would also amount to canvassing which is not permissible under the law". 2. It has been brought to the notice of the Commission that the above Instructions for issuing unofficial identity slips are not adhered to strictly. It is, therefore, advised that the above provisions may kindly be strictly adhered to while issuing unofficial identity slips by the candidates set up by your party. Clear instructions may be given to the party cadres at all levels.

353

ITEM NO. 167 Election Commissions letter No No.576/3/2001/J.S.II, dated 30.04.2001 addressed to the Chief Electoral Officers of all States/UTs and copy to Chief Secretary of all Stats/UTs and copy to all political parties. Subject: Issue of unofficial identity slips during elections-regarding In continuation of Commission's letter No.4/3/2001/J.S.II/Vol.I. dated 29.3.2001, on the above subject, addressed to recognized political parties, and copy endorsed to you, I am directed to say that, for the sake of uniformity, the Commission has decided that political parties/candidates may use blue or royal blue ink only for printing unofficial identity slips, on white paper, to be issued to the voters. The particulars on the slips should conform to the guidelines prescribed by the Commission in Paras 11.1 and 11.2 in Chapter-VII (Campaign Period) of Handbook for Candidates. 2. This may be brought to the notice of all Returning Officers/ District Election Officers and other election authorities concerned and political parties in your State for strict compliance at all elections. The Returning Officers in the State may be directed to bring these instructions to the notice of all political parties and contesting candidates in their respective constituencies.

354

ITEM NO. 168 Election Commission's letter number No. 3/1/2003/JS-II, dated 23.09.2003 addressed to the Chief Electoral Officers of all States and Union Territories. Subject:

Facilities of voting through proxy to classified service voters -Amendments in the Conduct of Elections Rules, 1961

I am directed to send herewith a copy each of The Election Laws (Amendment) Act, 2003 and the Conduct of Elections (Amendment) Rules, 2003. These have come into force w.e.f. 22.9.2003. Copies of separate notifications issued in this behalf are also enclosed. 2. It may be noted that by these amendments in the Act and the Rules, those service voters belonging to the Armed Forces and members belonging to a Force to which provisions of the Army Act applies, have been provided the facility to opt to vote either through proxy or through postal ballot papers. Such service voters who opt to vote through proxy, have been categorized as" classified service voters" (CSVs). The CSVs are required to appoint a person who is resident of the area covered by the constituency concerned, as his proxy. The proxy should be of at least 18 years of age and shall not be disqualified for registration as an elector. The appointment is to be made in Form 13F, newly inserted. An appointment once made will be valid for all future elections so long as the person making the appointment continues to be a service voter or till the appointment is revoked or the proxy dies. The CSV has the option to revoke the appointment and appoint a new proxy on the death of the earlier proxy or for other reasons. Such revocation of appointment is to be done in the newly inserted Form 13G. Action by the Returning Officer 3.On receipt of intimation of appointment of proxy by a CSV, the Returning Officers are required to mark the letters 'CSV against the name of the service voter in the last part of the electoral roll to indicate that the elector has appointed a proxy to cast vote on his behalf. For using the facility of proxy voting at the next earliest election, intimation of appointment of proxy should reach the Returning Officer concerned by the last date for making nomination at that election. The Returning Officer is also required to maintain a separate list of CSVs and their proxies with their complete addresses in the form and manner specified by the Commission. The Form specified by the Commission in this behalf is enclosed as Appendix I. After the last date for making nominations, the Returning Officers are to prepare polling station-wise sub- lists of all CSVs and their proxies. These sub-lists are to be added at the end of the part of the electoral roll pertaining to the polling station concerned and the part of the electoral roll alongwith the sub-list will be the marked copy of the electoral roll for that polling station. 4.The proxy will record the vote on behalf of the CSVs at the polling station to which the CSV is assigned, in the same manner as any other elector assigned to that polling station. It may be noted that in the case of proxy, marking of the indelible ink under rule 37 will be done on the middle finger of the left hand of the proxy. The proxy will be entitled to vote on behalf of the CSV in addition to the vote that he may cast in his own name if he is a registered elector in the Constituency, at the polling station to which he has been normally assigned. 5.This may be brought to the notice all election authorities concerned and all political parties in the State.

355

6.Kindly acknowledge receipt of this letter immediately.

APPENDIX-I LIST OF CLASSIFIED SERVICE VOTERS AND PROXIES (Under Rule 27P(2) of Conduct of Elections Rules 1961) (1)Name of State

:

(2)No. & name of Constituency S.No.

Name of the Classified Voter Service

Name of the Force to which he belongs & Service ID No.

1

2

3

Age

4

:

Father's/ Husband' s/ Mother's Name

Address

5

6

S.No. of his Name of name in the the last part of Proxy the Electoral Roll of the Constituenc y

7

8

Age of the Proxy

Father's/ Husband' s/ Mother's Name

Full Address of the Proxy

9

10

11

Date on which Intimation Intimation about about appointme revocatio nt was n if any, received was by R.O. received by R.O.

12

Signature of Returning Officer

356

13

ITEM NO. 169 Election Commission's letter number 3/1/2003/JS-II, dated 20.10.2003 addressed to the CEO, Rajasthan and copy to CEOs of all other States and Union Territories, along with a copy of the format prescribed under sub-rule(3) of rule 27R Subject: Facilities of voting through proxy to classified service votersAmendments in the Conduct of Elections Rules, 1961 I am directed to refer to your letter No. F.3 (1)(14) 1 /Election/2003, dated 3rd October, 2003 on the subject cited. Point-wise clarification is furnished below: (1) The Forms (No. 13F) will be serially numbered by the Returning Officer on the basis of the order of their receipt, i.e., the first request received in Form No. 13F will be given S. No. 1, the second request will be given S. No. 2 and so on, and the same number will be shown in the list under rule 27P(2) of Conduct of Elections Rules. (2 )&(3) The CSV, who is in the field, has the option to put his signature on Form 13F before the Commanding Officer of the Unit and then send the Form to his proxy for affixing his signature before Notary/First Class Magistrate. Thereafter, the proxy can submit the Form to the Returning Officer concerned. When the CSV is in his native place, he along with his proxy can sign the Form before Notary/First Class Magistrate. (4)The Commission has prescribed a separate format for maintaining polling station wise sub-lists, under sub rule (3) of rule 27R A copy of the same is enclosed herewith. (5)It has been made clear in Footnote (1) to Form 13F that the proxy shall be ordinarily resident in the constituency concerned and shall NOT be disqualified for registration as an elector in an electoral roll U/ S 16 of the Representation of the People Act, 1950. It is not necessary for such proxy to be enlisted as an elector in the electoral roll. If a proxy is registered as an elector, he will furnish his particulars as given in the electoral roll, in Form 13F; in other cases, the relevant column will remain blank. (6)Attention is invited to sub-rule (2) of rule 27 Q wherein it has been laid down that the person voting as proxy shall record the vote on behalf of the classified service voter at the polling station concerned, in the same manner as any other elector assigned to that polling station. All procedural requirements for recording of votes by ordinary electors will be applicable to proxy voters also including the procedure for identification.

357

POLLING STATION-WISE SUB LIST OF CLASSIFIED SERVICE VOTERS AND PROXIES (Under Rule 27P(3) of Conduct of Elections Rules 1961) (1)No. & name of Constituency (2)Part No. of Electoral Roll S.No.

1

Name of the Classified Service Voter (C.S.V.)

Name of the Force which he belongs & Service ID No.

2

3

: :

Age

4

Father's/ Husband's/ Mother's Name

Address

S.No. of his Name in the last part of the Electoral Roll

Name of the Proxy

5

6

7

8

Age of Father's/ Full Address the Husband's/ of the Proxy Proxy Mother's Name

9

10

Signature of Returning Officer

358

11

ITEM NO. 170 Election Commission’s letter No. 576/2/2004PL N-II, dated 16.03.2004 addressed to the Chief Electoral Officer of Uttar Pradesh, Lucknow. Subject: Keeping of Urdu Electoral Rolls at the Polling Station in 130 Assembly Constituencies of Uttar Pradesh-Regarding With reference to your letter no. 2137/CEO-4-21/4-99, dated 3rd March 2004 on the above mentioned subject I am directed to state that while preparing working copies of the roll for use at polling stations one copy of the roll should be kept in Urdu also at the polling stations of the 130 Assembly Constituencies in which the rolls have been prepared in that language. In case any elector wishes to see that roll, it should be available at the polling station, even if the polling personnel do not know that language. However, only one copy of the roll in Hindi may be used as the marked copy of the rolls. Aforesaid instruction of the Commission may kindly be brought to the notice of all concerned for compliance. Kindly acknowledge the receipt.

359

ITEM NO. 171 Election Commission’s letter No.3/4/ID/2004/J.S.II, dated 02.04.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - General Elections to the House of the People, 2004/State Legislative Assemblies and Bye-elections - Commission's Order regarding use of Electoral Photo Identity Cards. I am directed to say that the Commission has directed that all electors who have been issued with their Electoral Identity Cards, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting at the current General Election to the House of the People and the general elections to the Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim and the bye-elections to the Legislative Assemblies in Assam, Bihar, Chhattisgarh, Kerala. Mizoram, NCT of Delhi and Uttar Pradesh. 2. A copy of the Order dated 2 nd April, 2004, issued in this behalf is enclosed. Attention of all Presiding Officers may be specifically drawn to the directions in paragraph 11 of the order. 3. The Presiding Officers shall be clearly instructed to note the following instructions when the electors produce their Electoral Photo Identity Cards at the time of exercising their franchise:a) Minor discrepancies in the entries relating to elector's name, father's/mother's/ husband's name, sex, age or address in the Electoral Identity Card shall be ignored and the elector allowed to cast his vote so long as the identity of the elector can be established by means of that card. b) Any discrepancy in the serial number of the Electoral Identity Card as mentioned in the electoral roll shall be ignored. c) If an elector produces an Electoral Identity Card which has been issued by the Electoral Registration Officer of another Assembly Constituency, such cards shall also be taken into account provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. But in such cases, it should be ensured that the elector does not vote at more than one place by thoroughly checking the left forefinger of the elector to see that there is no indelible ink mark thereon, and by applying the indelible ink on the left forefinger properly while allowing him to vote. 4. The Commission's Order dated 2nd April. 2004, may be got published in the State Gazette immediately. The Returning Officers, Presiding Officers and all other election authorities concerned may be informed of the Commission's directions urgently. This Order may be given wide publicity through print/electronic media for information of the general public and electors. It should be made clear that those who have been issued with EPIC should bring the EPIC and those who have not been issued with EPIC should bring any of the alternative documents prescribed by the Commission, at the time of voting. All political parties in your State may also be informed, in writing, of this direction of the Commission. 5. The Returning Officers shall be instructed to note the implications of this Order and explain the contents thereof to all Presiding Officers through special briefings. They should also ensure that a copy of this letter is available with the Presiding Officers at all polling stations / booths in the constituencies. 6.

Kindly acknowledge receipt and confirm action taken.

360

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 2nd April. 2004.

No.3/4/ID/2004/J.S.II ORDER

1. Whereas. Section 61 of the Representation of the People Act 1951 provides that with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electoral Identity Cards for electors as the means of establishing their identity at the time of polling; and 2. Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of Electoral Identity Cards to electors bearing their photographs at State cost; and 3. Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules 1961 stipulate that where the electors of a constituency have been supplied with Electoral Identity Cards under the said provisions of Rule 28 of the Registration of Electors Rules. 1960, the electors shall produce their Electoral Identity Cards at the polling station and failure or refusal on their part to produce those Electoral Identity Cards may result in the denial of permission to vote; and 4. Whereas, a combined and harmonious reading of the aforesaid provisions of the said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electoral Identity Card, where provided by the Election Commission at State cost, and that both are to be used together; and 5. Whereas, the Election Commission made an Order on the 28 th August, 1993, directing the issue of Electoral Photo Identity Cards (EPICs) to all electors, according to a time bound programme: and 6. Whereas, the Commission has taken note of the fact that over the last few years since the implementation of the programme of issue of EPICs was taken up, the election machinery of the States have issued these cards to a substantially high number of electors and made all possible efforts, by way of repeated rounds of the constituencies and areas, with a view to issuing cards to the left-out electors, many of whom might have been dead or might have moved out of the constituencies and obtained their Electoral Identity Cards elsewhere: and 7. Whereas, at the general election to the Legislative Assembly of Haryana held in January - March 2000, and to the Legislative Assemblies of Kerala, Tamil Nadu. West Bengal and Pondicherry in April - May, 2001. and to the Legislative Assemblies of Manipur, Punjab, Uttaranchal, Uttar Pradesh, Goa and Gujarat held in 2002 and at the Legislative Assembly elections held in Himachal Pradesh. Meghalya, Nagaland, Tripura, Madhya Pradesh, Chhattisgarh, Rajasthan, Mizoram and Delhi last year, and at a number of bye-elections held in between, the Commission had directed that all electors who were

361

issued with EPICs should produce those cards to exercise their franchise at the said elections, and that it would permit the odd electors who have not obtained their EPICs to vote at the said elections, provided their identity is otherwise established by production of one of the alternative documents prescribed by the Commission; and 8. Whereas, the Supreme Court was apprised of the direction of the Commission regarding use of EPIC, in R.D. Bhandari & Others Vs. Election Commission of India & Others, and the Supreme Court was thereupon pleased to dismiss on 17.8.2000 all petitions relating to the issue of EPICs; and 9. Whereas, the Andhra Pradesh High Court and Punjab & Haryana High Court, Madras High Court, High Court of Madhya Pradesh and High Court of Karnataka have also upheld the above direction of the Commission regarding compulsory identification of electors, in Writ Petition Nos. 2598,2601 and 2637 of 2001, Writ Petition No. 3772 of 2000, Writ Petition No. 5235 of 2001, Writ Petition 294 of 2002 and Writ Petition 5401 of 2002 respectively, and the Hon'ble Supreme Court in the interim order passed on in SLP No. 3820-21/2002, directed that the Commission's Order regarding identification of electors at the general election to the Uttar Pradesh Legislative Assembly held in January-February. 2002 would be implemented. 10. Now, therefore, after taking into account all relevant factors and the legal and factual position, the Election Commission hereby directs that all electors in all States and Union Territories who have been issued with their EPICs, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting at the current General Election to the House of the People and the Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim and in the bye-elections to the State Legislative Assemblies in Assam, Bihar, Chhattisgarh, Kerala, Mizoram, NCT of Delhi. Tamil Nadu and Uttar Pradesh, which are being held simultaneously with the general election to the House of the People, and which have been / are scheduled to be notified on 24th March, 2004, 31st March, 2004, 8th April, 2004, and 16th April, 2004. 11. The Election Commission wishes to make it clear, at the cost of repetition, that the electors will have to establish their identity at the polling stations by means of the EPICs issued to them under the authority of the Election Commission. However, since the use of EPICs for the purpose of voting is still in its early stages, the Commission, as a matter of abundant caution, will permit the odd electors who have not obtained their EPICs. to vote at the current General Election, provided their identity is otherwise established to the satisfaction of the Presiding Officer or such other polling Officer as is authorised by the Presiding Officer in this behalf. For the above purpose, they will have to produce some documentary evidence for establishing their identity, and the Commission has prescribed the following alternative documents for establishing the identity of such electors:(i)

Passports,

(ii)

Driving Licences,

(iii)

Income Tax Identity (PAN) Cards.

(iv)

Service Identity Cards issued to its employees by State/Central Government. Public Sector Undertakings. Local Bodies or other Private Industrial Houses,

(v)

Bank/Kisan/Post Office Passbooks (Accounts opened on or before 31st March, 2004

(vi)

Student Identity Cards issued by Recognised Educational Institutions on or before 31st March. 2004.

(vii)

Property Documents such as Pattas. Registered Deeds, etc,

362

(viii)

Ration Cards issued on or before 31st March, 2004,

(ix)

SC/ST/OBC Certificates issued by competent authority on or before 31st March, 2004

(x)

Pension Documents such as ex-servicemen's Pension Book/Pension Payment Order, ex-servicemen's Widow/Dependent Certificates, Old Age Pension Order, Widow Pension Order.

(xi)

Railway Identification lards.

(xii)

Freedom Fighter Identity Cards,

(xiii)

Arms Licenses

(xiv)

Certificate of Physical Handicap by Competent Authority issued on or before 31st March. 2004.

12. The above alternative documents for identification will also apply in respect of such of the odd electors, who have been supplied with Electoral Identity Cards, but are not able to produce them for reasons beyond their control. 13. It is clarified that any document, as enumerated above, which is available only for the Head of Family, shall be allowed for the purpose of identification of other members of the family. Similarly, any document in the name of any other member of the family could also be used for identification of other members, provided the other members can be identified on the basis of such document.

By Order, (K.F. WILFRED) SECRETARY

363

भ रत न र च आय ग न र च सद , अश क र ड, ई ददल सखय 3/4/आई. ड ./2003/नय नयक II –

– 110001. त र ख : 2 अप , 2004

आदश यत:, क पनतन न!तर अन!न यम, 1951 पनतरपण क र क क$ द+न, स, त दक उस अन!न मत न!क र क और अन!क पभ र ब य ज सक, उप य क रप म% न र चक' क न ए न र चक पहच न यम' द र प र! ब य ज ए; और

क$ ! र 61 म% यह प र! ह दक न र चक' क यम क$ ! र 62 क अ! अस न र चक' क मतद क समय अप पहच क नसद कर क — पत क पय ग क न ए उस अन!न यम क अ!

2. यत:, न र चक रनजस6 करण न यम, 1960 क न यम 28 न र च आय ग क न र चक' क पनतरपण क र क और मतद क समय उ क$ पहच स7गम ब क न ए र जय क$ गत पर उ क फ ट ग फ सनहत फ ट पहच — पत ज र कर क न द<श द क अन!क र दत ह ; और 3. यत:, न र च ' क सच न यम, 1961 क न यम 49 ज (3) और 49 त (2) (ख) म% यह अ ब 7 ! ह दक नज न र च क —त' क न र चक' रनजस6 करण न यम , 1960 क न यम 28 क उकत उपब! क क अ! न र चक पहच — पत ज र दकय गय ह उ न र चक' क मतद कन? म% अप पहच पत ज र कर ह ग और उ क$ ओर स न र चक पहच — पत पसत7त कर म% असफ रह पर र ट ड स उनह% म दकय ज सकत ह; और 4. यत:, उकत अन!न यम और न यम' क उपय7कत उपब!' क सनAमन त और सय7कत पठ स यह सपषट ह ज त ह दक यदनप मत द क अन!क र न र चक म र म% म स ह ह त ह, तथ नप यह न र चक पहच — पत क पय ग पर भ न भर करत ह , जह F र जय क$ गत पर आय ग द र न र चक पहच पत — ज र दकय गय ह , रह F द ' क ह स थस —थ पय ग म% य ज ह ; 5. यत:, न र च आय ग समयबद क यकम क अ 7स र सभ न र चक' क मतद त फ ट पहच न—पत ज र करन क ननरश रत हए 28 अगसत, 1993 क एक आरश दरय थ ; और 6.

यत:, आय ग न यह प य ह दक पपछल कछ वर$ स जब स ननव च ' क फ ट पहच न—

पत क य'कम ज र करन क नलए क य न ' वयनशर दकय गय ह, सभ/ र ज य1 क ननव च ' न— तन तन सभ/ स2भव पयत न1द र छट हए ननव च ' क1, जजसम7 स कछ क8 म9त यह चक8 ह य

व ननव च ' न कत स ब हर चल गए ह1 और उन ह1न मतर त फ ट पहच न—पत कह 2 और स प प तकर नलए ह1 , क ध य न म 7 रखत ह ए पहच न —पत ज र करन क नलए ननव च ' न—

कत1 और इल क1 म7 चक1 द र अनAक स2ख य म7 ननव च ' क1 क पहच न—पत ज र दकए हC ; और 7. यत:, ज रर — म च , 2000 म% हए हररय ण नर! सभ क स ! रण न र च ', अप मई — , 2001 म% हए कर , तनम ड7 , पनJम बग और प नडचर क$ नर! सभ ओ क न ए हए न र च ', गत रर 2002 म% हए मनणप7र, पज ब, उततर च , उततर पदश, ग र और ग7जर त नर! सभ क न ए हए न र च ' और नपछ रर हए नहम च पदश, मघ य, ग ड O , नतप7र , मधय पदश, छतत सगढ, र जसथ , नमज रम और ददल र ष6 य र ज! कत और इस ब च हए बहत स उपन—र च ' म% आय ग यह न द<श ददय थ दक उकत न र च ' म% सभ न र चक नजनह% मतद त फ ट पहच — पत ज र दकए ज च7क हO, मतद करत समय अप पहच — पत पसत7त कर% और उकत न र च ' म% उ शर न र चक' नजनह' मतद त फ ट पहच — पत प पत हT दकए हO , उनह% मतद कर क$ अ म 7 नत

364

द ज एग बशत< दक आय ग द र न ! ररत दकस रकनलपक दसत रज पसत7त कर पर उ क$ पहच नपत क$ ज सक; और

सथ

8. यत:, उचचतम नय य य क , आर. ड . भड र एर अनय ब म भ रत न र च आय ग एर अनय म% फ ट पहच पत क पय ग सब! आय ग क उपर कत न रश स अरगत कर य गय और उचचतम नय य य मतद त फ ट पहच पत सAबन! सभ य नचक एF 17 अगसत, 2000 क ख ररज कर दT; और 9. यत:, आनV पदश उचच नय य य, पज ब और हररय ण उचच नय य य और म? स उचच नय य य, मधय पदश उचच नय य य और क टक उचच नय य य कमश: 2001 क$ ररट अजW स० 2598, 2601 और 2637 तथ 2000 क$ ररट अजW स० 3772 और 2001 क$ ररट अजW स० 5235, 2002 क$ ररट अजW स० 294 तथ 2002 क$ ररट अजW स० 5401 म% आय ग क उपय7कत न द<श' क कमश: म नय ठहर य ह, और म य उचचतम नय य य एस० ए ० प ० 3820—21/2002 पर एक अनतररम आदश प ररत दकय नजसम% यह न द<श ददय दक ज रर फररर — 2002 म% हए उततर पदश नर! सभ क स ! रण न र च म% न र चक' क$ पहच क सAबन! म% आय ग क आदश गY दकए ज एF। 10. यत:, अब, सभ सबद ब त' और नरन!क तथ तथय तमक नसथनत क धय म% रखत हए, न र च आय ग एतद र यह न द<श दत ह दक सभ र जय' तथ सघ र जय कत' क सभ न र चक नजनह% मतद त फ ट पहच — पत ज र दकए गए हO , उनह% क सभ क तथ आV पदश, क टक, उड स और नसद^म क$ नर! सभ ओ क च Y स ! रण न र च एर असम, नबह र, छतत सगढ, कर , नमज रम, ददल र ष6 ष6 य र ज! र जय कत , तनम ड7 और उततर पदश म% उपन र च ' म%, नजनह% क सभ क स ! रण न र च क स थस —थ आय नजत दकय ज रह ह और नजनह% 24 म च, 31 म च, 8 अप और 16 अप , 2004 क अन!सYनचत दकय ज च7क ह/दकय ज न ! ररत ह क मतद कर क न ए मतद कन?' म% मत ड क न ए आत समय और अप मत न!क र क पय ग करत समय इ पहच पत' क पसत7त कर ह ग । 11. न र च आय ग इस ब त क द हर त हए यह भ सपषट कर च हत ह दक न र च आय ग क प न!क र क अ! ज र न र चक' क पहच — पत' क म धयम स मतद कन? पर अप पहच सथ नपत कर ह ग । ह दF क उनह% मतद क उदशय क न ए मतद त पहच — पत क पय ग प रनAभक चरण' म% ह, आय ग इस म म म% पय पत सतकत क रप म% च Y स ! रण न र च म% उ शर न र चक' क मत द क$ अ म 7 नत दग , नजनह' मतद त पहच पत — प पत हT दकए हO , बशत< उ क$ पहच प ठ स अन!क र य दYसर मतद अन!क र , नजस प ठ स अन!क र प न!क+ त दकय ह, दक सत7न, म% अनयथ सथ नपत ह ज त ह, उकत उदशय क न ए उनह% अप पहच स नबत कर क न ए दसत रज पम ण पसत7त कर ह'ग। ऐस न र चक' क$ पहच नसद कर क न ए आय ग न A न नखत रकनलपक दसत रज न ! ररत दकए हO:-(I) प सप ट (II) ड इवरग इसनस (III) आयकर पहच पत (प . ए. ए ) (IV) र जय/कन? सरक र, स रजन क कत क उपकम, सथ य न क य य अनय न ज औद नगक घर ' द र उ क कमच ररय' क ज र दकए ज र सर पहच — पत (V) बOक/दकस /ड कघर प सब7क (31.3.2004 क य उसस पYर ख गय ख त ) (VI) छ त पहच — पत म नयत प पत नशकण ससथ ' द र 31.3.2004 अथर उसस पYर ज र (VII) सAपनd दसत रज जस पट रनजस6 क+ त दसत रज आदद (VIII) 31.3.2004 क अथर उसस पYर ज र र श क ड (IX) सकम प न!क र द र 31.3.2004 अथर उसस पYर ज र अ. ज ./अ. ज. ज ./अनत नपछड रग पम ण पत (X) प%श दसत रज जस दक भYतपYर सन क पOश ब7क/पOश अद यग आदश भYतपYर सन क नर!र /आनfत पम ण पत/र+द रसथ पOश आदश/नर!र पOश आदश (XI) र र पहच पत

365

(XII) शसत इस%स (XIII) सकम प न!क र द र 31 म च 2004 अथर उसस पYर ज र श र ररक रप नरक

ग पम ण पत

12. पहच क न ए उपर कत रकनलपक दसत रज उ शर न र चक', नजनह% मतद त पहच — पत सप ई त दकए गए हO दकनत7 नजनह% र ऐस क रण' स पसत7त कर म% असफ ह ज उ क रश म% हT ह, पर भ गY ह'ग। 13. यह सपषट दकय ज त ह दक ऊपर नग ए गए दकस दसत रज, ज पररर र क म7नखय क प स ह उप ब! ह त ह, क$ पररर र क दYसर सदसय' क$ पहच क न ए अ 7मनत द ज च नहए, पररर र क दकस दYसर सदसय क म स क ई दसत रज दYसर सदसय' क$ पहच क न ए भ प पत दकय ज सकत ह बशत< ऐस दसत रज क आ! र पर दYसर सदसय' क$ पहच क$ ज सकत ह। आदश स, (क० एफ० नरलiड) सनचर

366

ITEM NO. 172 Election Commission’s letter No. 576/3/2004/JS - II Vol. II, dated 16.04.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Printing of unofficial identity slips by political parties. I am directed to invite a reference to the Commission's letter No. 576/3/2001/JS II dated 30.04.2001 on the subject mentioned above.

The Commission has decided that printing of unofficial identity slips in Black Ink on white paper may also be permitted. This may be brought to the notice of all political parties, District Election Officers, Returning Officers and other election authorities in the State.

367

ITEM NO. 173 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief Electoral Officer, Bihar Subject :

Production of prescribed identification documents for identification of electors on the poll day at the time of voting

The Commission has made identification of electors mandatory on the day of poll at the time of casting votes. During previous elections, it has come to the notice of the Commission that Presiding / Polling Officers do not insist on production of prescribed identification documents on the poll day at the time of voting for electors’ identification which sometimes lead to bogus voting. To ensure that Presiding/ Polling Officers insist on production of identification documents, the Commission instructs that all Presiding / Polling Officers must note down the kind of identification document produced by the elector at the time of casting his/ her vote along with the number of document produced, if given in the document in remarks column of Form 17A. Kindly ensure that these instructions are brought to the notice of all DEOs, ROs, AROs, Presiding Officers & Observers for information and strict compliance.

368

ITEM NO. 174 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief

Electoral Officers of West Bengal, Uttaranchal and Bihar Subject :

Instructions to be followed by Presiding Officers at the polling station at the end of poll

Complaints have been received in the Commission, in the past, that some of the Presiding Officers do not close the EVM by pressing the ‘CLOSE BUTTON’ after the end of poll for subsequent manipulation. The Commission has been issuing various instructions in the interest of free and fair poll from time to time. The Commission desires that following instructions may be brought to the notice of all District Election Officers, Returning Officers, Presiding Officers, Observers and political parties immediately. (iv)

All Presiding Officers shall close the EVM by pressing ‘CLOSE BUTTON’ at the end of poll in presence of polling agents, as may be present.

(v)

All Presiding Officers shall draw a line at the end of poll after the last entry in Form 17A and shall record the signed statement thereafter “The serial number of last entry in Form 17A is_______” and obtain the signatures of all polling agents, as may be present, below this statement.

(vi)

All Presiding Officers shall give one attested copy of Form 17C (Account of Votes Recorded) at the end of poll to all polling agents, as may be present, irrespective of their asking.

369

ITEM NO. 175 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief Electoral Officers of Haryana, Uttaranchal, West Bengal and Bihar and copies to all Chief Electoral Officers of other states & UTs and District Collectors of Rohtak, Haryana and Asansol, West Bengal. Subject :

Requirement of uniformity between the electoral rolls provided at the polling booths and those provided to the candidates/polling parties

Several complaints have been received in the Commission that during past elections the electoral rolls provided at the polling booths were different from the electoral rolls that were provided to the candidates/ polling parties. The Commission has viewed such complaints with concern and decided as follows: 1.

The electoral roll supplied to the polling booths shall be certified to be true

copy of the one that has been provided to the candidates / political parties and marked copy kept by the Returning Officer for Conduct of Election by one officer and one subordinate to be specifically responsible for the purpose. 2.

The electoral roll supplied at polling booths shall be signed on all pages by

these officers. 3.

A copy of the electoral roll, which will be used on the day of election at polling

booths (copy of the one given to the candidates) shall also be given to the Observer. The Observer shall check the authenticity of the roll provided at polling booths vis-à-vis the rolls given to the candidates / political parties on the day of poll at the polling stations visited by him. Kindly ensure that these instructions are brought to the notice of all DEOs, ROs, EROs, political parties and Observers for information and strict compliance.

370

ITEM NO. 176 Election Commission's letter No.PS/AK/2005, dated 10.09.2005 addressed to the Chief Electoral Officers of Bihar, West Bengal, Uttaranchal and Haryana [Further modification in these instructions have been issued vide Commission's letter No. PS/AK/2005, dated 13.10.2005 (Item No.182)]. Subject :

Movement of Patrolling Magistrates/Sector Magistrates between various polling stations on the day of poll and making an entry in the 'Visit Sheet'

The Commission has desired that various Patrolling Magistrates Sector Magistrates will keep oscillating between various polling stations allotted to them on the day of poll to supervise the conduct of poll and make an entry in the ‘Visit Sheet’ (as enclosed with this letter) to be kept with the Presiding Officer on the day of poll.

Similarly, Zonal Magistrates, DEOs, ROs, AROs and Observers whenever they visit any polling station, shall also make entry in the aforesaid Visit Sheet. This Visit Sheet shall be seated by the Presiding Officer in a separate cover and deposited as non-statutory cover after the end of the poll. The cover should superscribe ‘Visit Sheet’ on the day of poll dated ____________. All DEOs shall make necessary arrangements to supply the Visit Sheets & covers to polling parties along with other material. All DEOs, ROs shall also cover these instructions at the time of training of Presiding Officers.

This may kindly be communicated to all DEOs, ROs, Presiding Officers and Observers immediately.

371

372

VISIT SHEET Day of Poll: ________________________________ Name and Number of Assembly : _____________________________ Name and Number of Polling Station : _________________________ Number of Electors : ___________________ Sl. No.

Name & Designation of the officer visiting (Observer/DEO/RO/ Time of Visit ERO/ Sector Magistrate/ Zonal Magistrate/ Patrolling Magistrate

Brief description of Number of polling process votes polled (Peaceful/Incidents till the time of , if any) visit

Signatures of Presiding Officers (with date)

373

% polled Remarks, if any till the time of visit

Signature of Officer

374

ITEM NO. 177 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officers of Bihar, West Bengal, Uttaranchal and Haryana Subject :

Ordering of adjourned poll due to delay in polling

The Commission has been issuing instructions from time to time to in the interest of free and fair elections. It has come to the notice of the Commission that sometimes polling at some of the polling stations gets delayed for unduly long hours due to various reasons and due to this delay, some of the bonafide voters leave the place and fail to exercise their franchise. The Commission after considering this issue feels that an adjourned poll may be ordered at all those polling stations where polling fails to start for two hours. This instruction may be brought to the notice of all District Election Officers, Returning Officers and Observers for strict compliance.

375

ITEM NO. 178 Election Commission's letter No. PS/AK/2005, dated 15.09.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Certificate by the Presiding Officer about the nature of identity and production thereof on polling day

As per its letter no. PS/AK/2005 dated September 6, 2005, the Commission has already given instructions that voter identification will be mandatory at the time of poll and that the kind of identity produced along with its number, shall be recorded in the Remarks Column of Form 17A. The Commission has further desired that at the end of poll, every Presiding Officer should be asked to give a certificate that during the poll every voter was asked to produce the identity and nature of identity produced has been duly recorded in the Remarks Column of Form 17A.

376

ITEM NO. 179 Election Commission's letter No. PS/AK/2005, dated 06.10.2005. addressed to the Chief Electoral Officers, Bihar Sub:

General Election to the Legislative Assembly of Bihar, 2005 – Permits for vehicles – regarding.

The Commission has desired that vehicle permits may be issued to leaders of recognized national and state political parties and leaders of registered un-recognized political parties whose travel expenses are exempt under Section 77 of Representation of People Act as per the following format:General Election to the Legislative Assembly of Bihar, Oct-Nov, 2005 S. No. of Permit

:

Name of Political Party

:

Name of Leader

:

Note: 1. This vehicle permit is valid only for the vehicle in which leader himself is travelling for the purpose of General Election to Bihar Legislative Assembly, Oct-Nov, 2005. 2. The leader in whose name this permit is issued shall ensure that this permit is not misused by any other functionary. Responsibility for misuse shall lie with the leader in whose name this permit is issued. Kindly take necessary action for issuing these permits to leaders of various political parties whose names have been furnished to you within the period prescribed under Explanation 2 under Section 77(1) of the Representation of People Act. These permits may be laminated and handed over to the President/Secretary of the concerned party under proper acknowledgment.

377

ITEM NO. 180 Election Commission's letter No. PS/AK/2005, dated 07.10.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Use of vehicles for campaign purpose by candidates and political parties

It has come to the notice of the Commission that vehicles are being used for campaign purpose by candidates and political parties during the current General Election to the Bihar Legislative Assembly, 2005 without proper authorization from Returning Officers. Further, the vehicles authorized by Returning Officers are not supporting the permits issued to them on the windscreen.

All concerned may be directed to ensure that vehicles for the campaign purpose may ply only with the prior approval of the Returning Officer and display the permit issued prominently on the windscreen. Permit issued should be of sufficient dimension so that it could be seen from a distance. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued.

In past, the Commission has noticed the tendencies on part of candidates and political parties to take photocopies of the permits issued and misuse them. This tendency should be curbed. A list of permits issued to various candidates for plying vehicles for campaign purpose should be immediately given to all observers and if any addition is done in the list, the same again should be furnished to the Observers.

The

responsibility

for

enforcing

these

Superintendent of Police of the concerned District.

378

instructions

shall

lie

with

the

ITEM NO. 181 Election Commission’s letter No.3/4/ID/2005/J.S.II, dated 11.10 2005 addressed to the Chief Electoral Officer, Bihar, Patna. Subject: - General Election to the Legislative Assembly of Bihar, 2005 (September-November) Commission's Order regarding identification of electors. I am directed to say that the Commission has directed that all electors in Bihar, who have been issued with their Electoral Identity Cards, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting at the current General Election to the Legislative Assembly of Bihar. 2. A copy of the Order dated 1 1 t h October, 2005, issued in this behalf is enclosed. Attention of all Presiding Officers may be specifically drawn to the directions in paragraph 10 of the order. 3. The Presiding Officers shall be clearly instructed to note the following instructions when the electors produce their Electoral Photo Identity Cards at the time of exercising their franchise:a) Minor discrepancies in the entries relating to elector's name, father's/mother's/ husband's name, sex, age or address in the Electoral Identity Card shall be ignored and the elector allowed to cast his vote so long as the identity of the elector can be established by means of that card. b) Any discrepancy in the serial number of the Electoral Identity Card as mentioned in the electoral roll shall be ignored. c) If an elector produces an Electoral Identity Card which has been issued by the Electoral Registration Officer of another Assembly Constituency, such cards shall also be taken into account provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. But in such cases, it should be ensured that the elector does not vote at more than one place by thoroughly checking the left forefinger of the elector to see that there is no indelible ink mark thereon, and by applying the indelible ink on the left forefinger properly while allowing him to vote. 4. The Commission's Order dated 11th October, 2005, may be got published in the State Gazette immediately. The Returning Officers, Presiding Officers appointed for the current general election and all other election authorities concerned may be informed of the Commission's directions urgently. This Order may be given wide publicity through print/electronic media for information of the general public and electors. It should be made clear that those who have been issued with EPIC should bring the EPIC and those who have not been issued with EPIC should bring any of the alternative documents prescribed by the Commission, at the time of voting. All political parties in your State may also be informed, in writing, of this direction of the Commission. 379

5. A copy of the authenticated list of alternative identification documents specified in paragraph 10 of the Order should be given to the Presiding Officer of each Polling Station. An authenticated copy of the list and relevant instructions is enclosed herewith for this purpose. 6. The Returning Officers shall be instructed to note the implications of this Order and explain the contents thereof to all Presiding Officers through special briefings. They should also ensure that a copy of this letter is available with the Presiding Officers at all polling stations / booths in the constituency. 7.

Kindly acknowledge receipt and confirm action taken.

COPY ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 11th October, 2005

No. 3/4/ID/2005/J.S.II ORDER

Whereas, Section 61 of the Representation of the People Act, 1951 provides that with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electoral Identity Cards for electors as the means of establishing their identity at the time of polling; and 2. Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of Electoral Identity Cards to electors bearing their photographs at State cost; and 3. Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency have been supplied with Electoral Identity Cards under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electoral Identity Cards at the polling station and failure or refusal on their part to produce those Electoral Identity Cards may result in the denial of permission to vote; and 4. Whereas, a combined and harmonious reading of the aforesaid provisions of the said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electoral Identity Card, where provided by the Election Commission at State cost, and that both are to be used together; and

380

5. Whereas, the Election Commission made an Order on the 28th August, 1993, directing the issue of Electoral Photo Identity Cards (EPICs) to all electors, according to a time bound programme; and 6. Whereas, the Commission has taken note of the fact that over the last few months, the election machinery of Bihar have issued these cards to a substantially high number of electors and made all possible efforts, by way of repeated rounds of the constituencies and areas, with a view to issuing cards to the left-out electors, and about 78% of electors in Bihar have been supplied with EPIC so far and the work of preparation and distribution of EPIC for the constituencies going to the poll in phase III and phase IV in the current general election to the Legislative Assembly of Bihar, is still in progress; and 7. Whereas, at the general election to the Legislative Assembly of Haryana held in January - March, 2000, and at all general and bye- elections held since then, the Commission had directed that all electors who were issued with EPICs should produce those cards to exercise their franchise at the said elections, and that it would permit the left out electors who have not obtained their EPICs to vote at the said elections, provided their identity is otherwise established by production of one of the alternative documents prescribed by the Commission; and 8. Whereas, the Supreme Court was apprised of the direction of the Commission regarding use of EPIC, in R.D. Bhandari & Others Vs. Election Commission of India & Others, and the Supreme Court was thereupon pleased to dismiss on 17.8.2000 all petitions relating to the issue of EPICs; and 9. Whereas, the Andhra Pradesh High Court and Punjab & Haryana High Court, Madras High Court, High Court of Madhya Pradesh and High Court of Karnataka have also upheld the above direction of the Commission regarding compulsory identification of electors, in Writ Petition Nos. 2598, 2601 and 2637 of 2001, Writ Petition No. 3772 of 2000, Writ Petition No. 5235 of 2001, Writ Petition 294 of 2002 and Writ Petition 5401 of 2002 respectively, and the Hon'ble Supreme Court in the interim order passed on 12-2-2002 in SLP No. 3820-21/2002, directed that the Commission's Order regarding identification of electors at the general election to the Uttar Pradesh Legislative Assembly held in January-February, 2002 would be implemented; 10. Now, therefore, after taking into account all relevant factors and the legal and factual position, the Election Commission hereby directs that all electors in the 130 Assembly Constituencies going to poll in phase I and phase II in the current general election to the Legislative Assembly of Bihar, notified on 23 rd September, 2005 and 28 th September, 2005, respectively, who have been issued with their EPICs, shall have to establish their identity at the polling stations, when they come to exercise their franchise, by means of the EPICs issued to them under the authority of the Election Commission. However, the Commission also permits the left out electors who have not been able to obtain their EPICs, to vote at the current General Election, provided their identity is otherwise established to the satisfaction of the Presiding Officer or such other Polling Officer as is authorized by the Presiding Officer in this behalf, by producing any of the following alternative documents prescribed herein by the Commission: -

381

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)

(x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii)

Passports, Driving Licences, Income Tax Identity ( PAN ) Cards, Service Identity Cards issued to its employees by State/Central Government, Public Sector Undertakings, Local Bodies or Public Limited Companies, Bank/Kisan/Post Office Passbooks ( Accounts opened on or before 31-082005), Student Identity Cards with photographs issued by Recognized Educational Institutions issued on or before 31-08-2005, Property Documents such as Pattas, Registered Deeds, etc, SC/ST/OBC Certificates issued by an officer not below rank of the Sub Divisional Officer on or before 31-08-2005, Pension Documents in original such as ex-servicemen's Pension Book/ Ex-servicemen's Pension Payment Order, Ex-servicemen's Widow/Dependent Certificates, Old Age Pension Cards / Widow Pension Cards, Railway Identification Cards issued on or before 31.08.2005, Freedom Fighter Identity Cards, Arms Licenses, Certificate of Physical handicap issued by Competent Authority on or before 31.08.2005, Red Ration Card issued by State Govt of Bihar for people Below Poverty Line, on or before 31-8-2005, Yellow Ration Card issued by State Govt. of Bihar under Antodaya Scheme, on or before 31-8-2005, Green Ration Card issued by Sate Govt. of Bihar for people Above Poverty Line, on or before 31-8-2005, White Ration Card issued by State Govt. of Bihar under Annapurna Scheme, on or before 31-8-2005.

11. ALL THESE DOCUMENTS WILL BE ADMISSIBLE FOR IDENTIFICATION PROVIDED THEY ARE PRODUCED IN ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTABLE FOR THE PURPOSE OF IDENTIFICATION. 12. ANY OF THE DOCUMENTS, AS SPECIFIED ABOVE, PRODUCED FOR IDENTIFICATION OF ITS HOLDER, AND WHICH DOES NOT BEAR PHOTOGRAPH OF THE HOLDER SHALL BE ACCEPTED PROVIDED THAT THE IDENTITY OF THE HOLDER IS NOT CHALLENGED BY ANY OF THE POLLING AGENTS PRESENT AT THE POLLING STATION. 13. IT IS CLARIFIED THAT ANY DOCUMENT, AS ENUMERATED ABOVE, WHICH IS AVAILABLE ONLY FOR THE HEAD OF FAMILY, SHALL BE ALLOWED FOR THE PURPOSE OF IDENTIFICATION OF OTHER MEMBERS OF THE FAMILY, PROVIDED THEY ALL COME TOGETHER AND THEY CAN BE IDENTIFIED ON THE BASIS OF SUCH DOCUMENT.

382

LIST OF ALTERNATIVE DOCUMENTS FOR IDENTIFICATION OF ELECTORS OF THE CONSTITUENCIES GOING TO POLL IN PHASE- I AND PHASE- II IN THE GENERAL ELECTION TO BIHAR LEGISLATIVE ASSEMBLY, (SEPTEMBER - NOVEMBER) 2005 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)

(x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii)

Passports, Driving Licenses, Income Tax Identity ( PAN ) Cards, Service Identity Cards issued to its employees by State/Central Government, Public Sector Undertakings, Local Bodies or Public Limited Companies, Bank/Kisan/Post Office Passbooks ( Accounts opened on or before 31-082005), Student Identity Cards with photographs issued by Recognized Educational Institutions issued on or before 31-08-2005, Property Documents such as Pattas, Registered Deeds, etc, SC/ST/OBC Certificates issued by an officer not below rank of the Sub Divisional Officer on or before 31-08-2005, Pension Documents in original such as ex-servicemen's Pension Book/ Ex-servicemen's Pension Payment Order, Ex-servicemen's Widow/Dependent Certificates, Old Age Pension Cards / Widow Pension Cards, Railway Identification Cards issued on or before 31.08.2005, Freedom Fighter Identity Cards, Arms Licenses, Certificate of Physical handicap issued by Competent Authority on or before 31.08.2005, Red Ration Card issued by State Govt of Bihar for people Below Poverty Line, on or before 31-8-2005, Yellow Ration Card issued by State Govt. of Bihar under Antodaya Scheme, on or before 31-8-2005, Green Ration Card issued by Sate Govt. of Bihar for people Above Poverty Line, on or before 31-8-2005, White Ration Card issued by State Govt. of Bihar under Annapurna Scheme, on or before 31-8-2005.

ALL THESE DOCUMENTS WILL BE ADMISSIBLE FOR IDENTIFICATION PROVIDED THEY ARE PRODUCED IN ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTABLE FOR THE PURPOSE OF IDENTIFICATION. ANY OF THE DOCUMENTS, AS SPECIFIED ABOVE, PRODUCED FOR IDENTIFICATION OF ITS HOLDER, AND WHICH DOES NOT BEAR PHOTOGRAPH OF THE HOLDER SHALL BE ACCEPTED PROVIDED THAT THE IDENTITY OF THE HOLDER IS NOT CHALLENGED BY ANY OF THE POLLING AGENTS PRESENT AT THE POLLING STATION. IT IS CLARIFIED THAT ANY DOCUMENT, AS ENUMERATED ABOVE, WHICH IS AVAILABLE ONLY FOR THE HEAD OF FAMILY, SHALL BE ALLOWED FOR THE PURPOSE OF IDENTIFICATION OF OTHER MEMBERS OF THE FAMILY, 383

PROVIDED THEY ALL COME TOGETHER AND THEY CAN BE IDENTIFIED ON THE BASIS OF SUCH DOCUMENT. (A similar letter of even number issued on dated 28th October, 2005 for identification of electors in 3rd and 4th phases is reproduced below) Election Commission’s letter/order No. 3/4/ID/2005/J.S.II/, dated 28th October, 2005 addressed to the Chief Electoral Officer, Bihar, Patna. Subject: - General Election to the Legislative Assembly of Bihar, 2005 (September-November) Commission's Order regarding rd th identification of electors in 3 and 4 phases. I am directed to say that the Commission has directed that all electors in Bihar in constituencies in 3 rd and 4 th phases of the current general election, who have been issued with their Electoral Identity Cards, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting. 2. A copy of the Order dated 28 th October, 2005, issued in this behalf is enclosed. Attention of all Presiding Officers may be specifically drawn to the directions in paragraph 10 of the order. 3. The Presiding Officers shall be clearly instructed to note the following instructions when the electors produce their Electoral Photo Identity Cards at the time of exercising their franchise:a) Minor discrepancies in the entries relating to elector's name, father's/mother's/ husband's name, sex, age or address in the Electoral Identity Card shall be ignored and the elector allowed to cast his vote so long as the identity of the elector can be established by means of that card. b) Any discrepancy in the serial number of the Electoral Identity Card as mentioned in the electoral roll shall be ignored. c) If an elector produces an Electoral Identity Card which has been issued by the Electoral Registration Officer of another Assembly Constituency, such cards shall also be taken into account provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. But in such cases, it should be ensured that the elector does not vote at more than one place by thoroughly checking the left forefinger of the elector to see that there is no indelible ink mark thereon, and by applying the indelible ink on the left forefinger properly while allowing him to vote. 4. The Commission's Order dated 28th October, 2005, may be got published in the State Gazette immediately. The Returning Officers, Presiding Officers appointed for the current general election and all other election authorities concerned may be informed of the Commission's directions urgently. This Order may be given wide publicity through print/electronic media for information of the general public and electors. It should be made clear that those who have been issued with EPIC should bring the EPIC and those who have not been issued 384

with EPIC should bring any of the alternative documents prescribed by the Commission, at the time of voting. All political parties in your State may also be informed, in writing, of this direction of the Commission. 5. A copy of the authenticated list of alternative identification documents specified in paragraph 10 of the Order should be given to the Presiding Officer of each Polling Station. An authenticated copy of the list and relevant instructions is enclosed herewith for this purpose. 6. The Returning Officers shall be instructed to note the implications of this Order and explain the contents thereof to all Presiding Officers through special briefings. They should also ensure that a copy of this letter is available with the Presiding Officers at all polling stations / booths in the constituency. 7.Kindly acknowledge receipt and confirm action taken. COPY LIST OF ALTERNATIVE DOCUMENTS FOR IDENTIFICATION OF ELECTORS OF THE CONSTITUENCIES GOING TO POLL IN 3 PHASE AND 4 PHASE IN THE GENERAL ELECTION TO BIHAR LEGISLATIVE ASSEMBLY, (SEPTEMBER - NOVEMBER) 2005. RD

TH

(i)

Passports,

(ii)

Driving Licences,

(iii)

Income Tax Identity (PAN) Cards,

(iv)

Service Identity Cards issued to its employees by State/Central Government, Public Sector Undertakings, Local Bodies or Public Limited Companies,

(v)

Bank/Kisan/Post Office Passbooks (Accounts opened on or before 31-082005),

(vi)

Student Identity Cards with photographs issued Educational Institutions issued on or before 31-08-2005,

(vii)

Property Documents such as Pattas, Registered Deeds, etc,

(viii)

SC/ST/OBC Certificates issued by an officer not below rank of the Sub Divisional Officer on or before 31-08-2005,

(ix)

Pension Documents in original such as ex-servicemen's Pension Book/ Ex-servicemen's Pension Payment Order, Ex-servicemen's Widow/Dependent Certificates, Old Age Pension Cards / Widow Pension Cards,

(x)

Railway Identification Cards issued on or before 31.08.2005,

(xi)

Freedom Fighter Identity Cards,

(xii)

Arms Licenses,

(xiii)

Certificate of Physical handicap issued by Competent Authority on or before 31.08.2005,

385

by

Recognized

(xiv)

Red Ration Card issued by State Govt of Bihar for people Below Poverty Line, on or before 31-8-2005,

(xv)

Yellow Ration Card issued by State Govt. of Bihar under Antodaya Scheme, on or before 31-8-2005,

(xvi)

Green Ration Card issued by Sate Govt. of Bihar for people Above Poverty Line, on or before 31-8-2005,

(xvii)

White Ration Card issued by State Govt. of Bihar under Annapurna Scheme, on or before 31-8-2005.

ALL THESE DOCUMENTS WILL BE ADMISSIBLE FOR IDENTIFICATION PROVIDED THEY ARE PRODUCED IN ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTABLE FOR THE PURPOSE OF IDENTIFICATION. ANY OF THE DOCUMENTS, AS SPECIFIED ABOVE, PRODUCED FOR IDENTIFICATION OF ITS HOLDER, AND WHICH DOES NOT BEAR PHOTOGRAPH OF THE HOLDER SHALL BE ACCEPTED PROVIDED THAT THE IDENTITY OF THE HOLDER IS NOT CHALLENGED BY ANY OF THE POLLING AGENTS PRESENT AT THE POLLING STATION. IT IS CLARIFIED THAT ANY DOCUMENT, AS ENUMERATED ABOVE, WHICH IS AVAILABLE ONLY FOR THE HEAD OF FAMILY, SHALL BE ALLOWED FOR THE PURPOSE OF IDENTIFICATION OF OTHER MEMBERS OF THE FAMILY, PROVIDED THEY ALL COME TOGETHER AND THEY CAN BE IDENTIFIED ON THE BASIS OF SUCH DOCUMENT. COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 28th October, 2005.

No. 3/4/ID/2005/J.S.II ORDER

1. Whereas, Section 61 of the Representation of the People Act, 1951 provides that with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electoral Identity Cards for electors as the means of establishing their identity at the time of polling; and 2. Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, 386

the issue of Electoral Identity Cards to electors bearing their photographs at State cost; and 3. Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961, stipulate that where the electors of a constituency have been supplied with Electoral Identity Cards under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electoral Identity Cards at the polling station and failure or refusal on their part to produce those Electoral Identity Cards may result in the denial of permission to vote; and 4. Whereas, a combined and harmonious reading of the aforesaid provisions of the said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electoral Identity Card, where provided by the Election Commission at State cost, and that both are to be used together; and 5. Whereas, the Election Commission made an Order on the 28 th August, 1993, directing the issue of Electoral Photo Identity Cards (EPICs) to all electors, according to a time bound programme; and 6. Whereas, the Commission has taken note of the fact that over the last few months, the election machinery of Bihar have issued these cards to a substantially high number of electors and made all possible efforts, by way of repeated rounds of the constituencies and areas, with a view to issuing cards to the left-out electors, and about 81% of electors in Bihar have been supplied with EPIC so far; and 7. Whereas, at the general election to the Legislative Assembly of Haryana held in January - March, 2000, and at all general and byeelections held since then, the Commission had directed that all electors who were issued with EPICs should produce those cards to exercise their franchise at the said elections, and that it would permit the left out electors who have not obtained their EPICs to vote at the said elections, provided their identity is otherwise established by production of one of the alternative documents prescribed by the Commission; and 8. Whereas, the Supreme Court was apprised of the direction of the Commission regarding use of EPIC, in R.D. Bhandari & Others Vs. Election Commission of India & Others, and the Supreme Court was thereupon pleased to dismiss on 17.8.2000 all petitions relating to the issue of EPICs; and 9. Whereas, the Andhra Pradesh High Court and Punjab & Haryana High Court, Madras High Court, High Court of Madhya Pradesh and High Court of Karnataka have also upheld the above direction of the Commission regarding compulsory identification of electors, in Writ Petition Nos. 2598, 2601 and 2637 of 2001, Writ Petition No. 3772 of 2000, 387

Writ Petition No. 5235 of 2001, Writ Petition 294 of 2002 and Writ Petition 5401 of 2002 respectively, and the Hon'ble Supreme Court in the interim order passed on 12-2-2002 in SLP No. 3820-21/2002, directed that the Commission's Order regarding identification of electors at the general election to the Uttar Pradesh Legislative Assembly held in January-February, 2002 would be implemented; 10. Now, therefore, after taking into account all relevant factors and the legal and factual position, the Election Commission hereby directs that all electors in the 113 Assembly Constituencies going to poll in 3rd phase and 4th phase in the current general election to the Legislative Assembly of Bihar, notified on 19 th October 2005 and 26th October, 2005, respectively, who have been issued with their EPICs, shall have to establish their identity at the polling stations, when they come to exercise their franchise, by means of the EPICs issued to them under the authority of the Election Commission. However, the Commission also permits the left out electors who have not been able to obtain their EPICs, to vote at the current General Election, provided their identity is otherwise established to the satisfaction of the Presiding Officer or such other Polling Officer as is authorized by the Presiding Officer in this behalf, by producing any of the following alternative documents prescribed herein by the Commission:(i)

Passports,

(ii)

Driving Licences,

(iii)

Income Tax Identity ( PAN) Cards,

(iv)

Service Identity Cards issued to its employees by State/Central Government, Public Sector Undertakings, Local Bodies or Public Limited Companies,

(v)

Bank/Kisan/Post Office Passbooks ( Accounts opened on or before 3108-2005),

(vi)

Student Identity Cards with photographs issued by Recognized Educational Institutions issued on or before 31-08-2005,

(vii)

Property Documents such as Pattas, Registered Deeds, etc,

(viii)

SC/ST/OBC Certificates issued by an officer not below rank of the Sub Divisional Officer on or before 31-08-2005,

(ix)

Pension Documents in original such as ex-servicemen's Pension Book/ Ex-servicemen's Pension Payment Order, Ex-servicemen's Widow/Dependent Certificates, Old Age Pension Cards / Widow Pension Cards,

(x)

Railway Identification Cards issued on or before 31.08.2005,

(xi)

Freedom Fighter Identity Cards,

(xii)

Arms Licenses,

388

(xiii)

Certificate of Physical handicap issued by Competent Authority on or before 31.08.2005,

(xiv)

Red Ration Card issued by State Govt. of Bihar for people Below Poverty Line, on or before 31-8-2005,

(xv)

Yellow Ration Card issued by State Govt. of Bihar under Antodaya Scheme, on or before 31-8-2005,

(xvi)

Green Ration Card issued by Sate Govt. of Bihar for people Above Poverty Line, on or before 31-8-2005,

(xvii)

White Ration Card issued by State Govt. of Bihar under Annapurna Scheme, on or before 31-8-2005.

11. ALL THESE DOCUMENTS WILL BE ADMISSIBLE FOR IDENTIFICATION PROVIDED THEY ARE PRODUCED IN ORIGINAL. NO PHOTOCOPIES WILL BE ACCEPTABLE FOR THE PURPOSE OF IDENTIFICATION. 12. ANY OF THE DOCUMENTS, AS SPECIFIED ABOVE, PRODUCED FOR IDENTIFICATION OF ITS HOLDER, AND WHICH DOES NOT BEAR PHOTOGRAPH OF THE HOLDER SHALL BE ACCEPTED PROVIDED THAT THE IDENTITY OF THE HOLDER IS NOT CHALLENGED BY ANY OF THE POLLING AGENTS PRESENT AT THE POLLING STATION. 13. I T I S C L A R I F I E D T H A T A N Y D O C U M E N T , A S ENUMERATED ABOVE, WHICH IS AVAILABLE ONLY FOR THE HEAD OF FAMILY, SHALL BE ALLOWED FOR THE PURPOSE OF IDENTIFICATION OF OTHER MEMBERS OF THE FAMILY, PROVIDED THEY ALL COME TOGETHER AND THEY CAN BE IDENTIFIED ON THE BASIS OF SUCH DOCUMENT. By Order, (K.F. WILFRED) SECRETARY

389

भ रत न र च आय ग न र च सद , अश क र ड, ई ददल स० 3/4/ आई. ड ./2004/नय . अ 7 –II

– 110001 दद क : 28 अकतYबर, 2005

सर म%,

म7खय न र च अन!क र , नबह र, पट नररय: नबह र र जय क$ नर! सभ क न ए स ! रण न र च 2005—(नसतAबर— रAबर) त सर र चjथ चरण' म% न र चक क$ फ ट पहच क सब! म% आय ग क आदश। मह दय, म7झ यह कह क न द<श हआ ह दक आय ग यह न दश ददय ह दक नबह र क न र च कत' म% सभ न र चक नजनह% न र च पहच पत ज र दकय गय हO उनह% च Y स ! रण न र च क त सर र चjथ चरण म% जब र मतद कन?' पर अप मतद क न ए आए तब अप मत न!क र क पय ग करत समय उनह% अप न र चक पहच पत पसत7त कर ह ग । 2. इस सब! म% दद क 28 अकटY बर, 2005 क ज र आदश क$ पनत स ग ह। सभ प ठ स अन!क ररय' क धय आदश क पर 10 क न द<श' क$ और नरशरत: दद य ज ए। 3. प ठ स अन!क ररय' क सपषट अ द 7 श ददय ज ए दक जब न र चक अप मत न!क र क पय ग करत समय अप न र चक फ ट पहच पत पसत7त कर% त र न A न नखत अ द 7 श' क ट कर% :-(क) न र चक पहच पत म% न र चक क म, नपत /म त /पनत क म, व ग, आय7 य पत स सबन!त पनरन,य' म% सYकम नरसगनतय' क जर अद ज कर न र चक' क मत द क$ अ म 7 नत द ज च नहए जब तक दक उस पहच पत स न र चक क$ पहच सथ नपत ह त ह। (ख) न र चक म र म% यथ दरशत न र चक पहच पत क$ कम स० म% क ई नरसगनत जर अद ज कर द ज यग । (ग) यदद एक न र चक, दकस दYसर नर! सभ न र च कत क न र चक रनजस6श अन!क र द र ज र न र चक पहच पत पसत7त करत ह, त ऐस न र चक पहच पत पर भ धय ददय ज ए बशत< उस न र चक क म उस मतद कन? स सबन!त न र चक म र म% न ख ह जह स मतद क न ए न र चक र नपस आय ह, दक ऐस म म म%, यह स7न नJत दकय ज च नहए दक न र चक एक स जय द सथ ' पर मतद कर% । न र चक क$ ब ई तज (उF ग ) क$ भ भ नत ज च कर च नहए दक उस पर दकस अनमट सय ह क न श त हT ग ह, और उस मतद क न ए अ म 7 नत दत समय ब ई और क$ तज (उF ग ) पर अनमट सय ह ग च नहए। 4. आय ग क दद क 28 अकतYबर, 2005 क आदश र जय क श सक$य र जपत म% ततक पक नशत दकय ज ए। च Y स ! रण न र च क न ए न य7कत ररटर ग आदफसर', प ठ स अन!क ररय' तथ अनय सभ सबन!त न र च प न!क ररय' क आय ग क न द<श' स अनर Aब अरगत कर य ज च नहए। आम ज त तथ न र चक' क$ सYच क न ए इस आदश क वपट/इ क6 न क म नडय द र वय पक पच र दकय ज च नहए। इस ब त क सपषट दकय ज च नहए दक नज क न र चक फ ट पहच पत ज र दकय गए हO, र अप न र चक फ ट पहच पत स थ ए तथ नजनह% न र चक फ ट पहच पत ज र हT दकय गए हO, र आय ग द र न ! ररत रकनलपक दसत रज' म% स क ई दसत सत रज मतद क समय अप स थ ए। आपक र जय क सभ र ज नतक द ' क भ आय ग क इ न द<श' स न नखत म% अरगत कर ददय ज ए। 5. आदश क पर ग फ 10 म% नरन रदषट रकनलपक पहच क दसत रज' क$ प म नणक सYच क$ एक पनत पतयक मतद कन? क प ठ स अन!क र क भज द ज ए। इस उदशय क न ए सYच क$ एक प म नणक पनत एतद र स ग ह। 390

6. ररटर ग आदफसर' क यह अ 7दश ददय ज ए दक इस आदश क आशय ट कर % तथ इसक$ नररय रसत7 सभ प ठ स अन!क र क नरशरतय सकप म% अरगत कर ए। रह यह भ स7न नJत कर% दक इस पत क$ एक पनत न र च कत क सभ मतद कन?'/बYथ' क प ठ स अन!क ररय' क प स उप ब! हO। 7. क+ पय इसक$ प नr सYच भज% तथ क$ गई क रर ई क$ प7न, कर% । भरद य (एस. आर. क र) अरर सनचर

391

भ रत न र च आय ग न र च सद , अश क र ड, ई ददल सखय 3/4/आई. ड ./2005/नय ० अ ० 7 II –

– 110001.

त र ख : 28 अकतYबर, 2005 आदश

यत:, क पनतन न!तर अन!न यम, 1951 क$ ! र 61 म% यह प र! ह दक न र चक' क पनतरपण क र क क$ द+न, स, त दक उस अन!न यम क$ ! र 62 क अ! अस न र चक' क मत न!क र क और अन!क पभ र ब य ज सक, मतद क समय अप पहच क नसद कर क उप य क रप म% न र चक' क न ए न र चक पहच — पत क पय ग क न ए उकत अन!न यम क अ! न यम' द र प र! ब य ज ए; और 2. यत:, न र चक रनजस6 करण न यम, 1960 क न यम 28, न र च आय ग क , न र चक' क पनतरपण क र क और मतद क समय उ क$ पहच स7गम ब क न ए र जय क$ गत पर उ क फ ट ग फ सनहत न र चक' क न र चक पहच — पत ज र कर क न द<श द क अन!क र दत ह; और 3. यत:, न र च ' क सच , न यम, 1961 क न यम 48 ज (3) और 49 त (2) (ख) म% यह अ ब 7 ! ह दक नजस न र च — कत क न र चक' क न र चक रनजस6 करण न यम , 1960 क न यम 28 क उकत उपब!' क अ! न र चक पहच पत — ज र दकय गय ह उ न र चक' क न यत मतद कन? म% अप पहच पत पसत7त कर ह ग और उ क$ ओर स न र चक पहच पत — पसत7त कर म% असफ रह और म कर पर मतपत द और र ट ड स उनह% म दकय ज सकत ह; और 4. यत:, उकत अन!न यम और न यम' क उपय7कत उपब!' क सनAमन त और सय7कत पठ स यह सपषट ह ज त ह दक यदनप मत द क अन!क र न र चक म र म% म स ह ह त ह, तथ नप यह न र चक पहच — पत क पय ग पर भ न भर करत ह , जह F र जय क$ गत पर आय ग द र न र चक पहच — पत ज र दकय गय ह रह F द ' क ह स थस थ — पय ग म% य ज ह; 5. यत:, न र च आय ग समयबद क यकम क अ 7स र सभ न र चक' क मतद पहच पत — ज र कर क न द<श दत हए 28 अगसत, 1993 क एक आदश ददय थ ; और

फट

6. यत:, आय ग यह प य ह दक नपछ क7 छ मह ' स नबह र क न र चकतन —त पय पत अन!क सखय म% न र चक' क य पहच पत ज र दकए हO तथ छ7 ट हए न र चक' क धय म% रखत हए पहच पत ज र कर क न ए न र च क —त' और इ क' म% अ क चक' द र सभ सभर पय स दकए ह और अभ तक नबह र म% गभग 81% न र चक' क न र चक फ ट पहच — पत ज र दकए ज च7क हO, और 7. यत:, ज रर — म च , 2000 म% हए हररय ण नर! सभ क स ! रण न र च ', तथ तब स अब तक सभ स ! रण तथ उपन—र च ' म% आय ग यह न द<श ददय थ दक उकत न र च ' म% सभ न र चक नजनह% न र चक फ ट पहच — पत ज र दकए गय थ , मतद करत समय अप पहच — पत पसत7त कर% और उकत न र च ' म% उ शर छ7 ट हए न र चक' , नजनह' न र चक फ ट पहच — पत प पत हT दकए हO , क मतद कर क$ अ 7मनत द ज एग बशत< दक आय ग द र न ! ररत दकस रकनलपक दसत रज' म% स क ई एक दसत रज पसत7त कर पर उ क$ पहच सथ नपत क$ ज सक; और 392

8. यत:, सरsचच नय य य आर, ड , भड र और अनय ब म भ रत न र च आय ग और अनय म% न र चक फ ट पहच पत क पय ग स सबन!त न दश क मYलय क दकय थ और सरsचच नय य य ततपशच तt दद क 17.08.2000 क न र चक फ ट पहच पत स सबन!त सभ य नचक ओ क ख ररज दकय ; और 9. यत:, आनV पदश उचच नय य य और पज ब और हररय ण उचच नय य य, म? स उचच नय य य, मधय पदश उचच नय य य और क टक उचच नय य य भ , न र चक' क पहच क$ अन र यत सAबन! आय ग क उपय7कत न दश क , 2001 क$ ररट य नचक स0 2598, 2601 और 2637 म%, 2000 क$ ररट य नचक स0 3772, 2001 क$ ररट य नचक स0 5235 म%, 2002 क$ ररट य नचक स0 294 तथ 2002 क$ ररट य नचक स0 5401 म% कमश: ब ए रख ह। और म य उचचतम नय य य एस. ए . प . स0 3820—21/2002 म% प स दकए गए दद uक 12.02.2002 क अनतररम आदश म% न द<श ददय थ दक उततर पदश नर! सभ क न ए ज रर —फररर 2002 म% हए स ! रण न र च म% न र चक' क पहच क सब! म% आय ग क क य ननरत दकय ज एग ; 10. अत:, अब, सभ सबन!त तथय' तथ नरन!क और तथय तमक नसथनत क धय म% रखत हए, न र च आय ग एतद र यह न द<श दत ह दक 19 अकतYबर 2005 और 26 अकतYबर, 2005 क कमश: अन!सYनचत नबह र नर! सभ क 113 नर! सभ न र च — कत' , जह F नबह र नर! सभ क च Y स ! रण न र च ' म% त+त य तथ चत7थ चरण क मतद ह ह, क सभ न र चक' क न र च आय ग क प न!क र क अ! उ क ज र न र चक फ ट पहच — पत' क म धयम स मतद कन? पर आत हए मत न!क र क पय ग करत समय फ ट पहच — पत क म धयम स अप पहच सथ नपत कर ह ग । तथ नप, आय ग, उ छ7 ट हए न र चक' क भ च Y स ! रण न र च म% मत द क$ अ 7मनत दत ह नजनह' न र च फ ट पहच — पत प पत हT दकए हO बशत< दक उ क$ पहच प ठ स अन!क र य ऐस क ई अनय मतद अन!क र नजस प ठ स अन!क र इसक न ए प न!क+ त दकय ह क$ सत7न, न र च आय ग द र न ! ररत न A न नखत रकनलपक दसत रज' म% स क ई एक पसत7त कर पर अनयथ सथ नपत ह ज त ह; (XIV) प सप ट, (XV) ड इवरग इसनस, (XVI) आयकर पहच पत (प . ए. ए .), (XVII) र जय/कन? सरक र, स रजन क कत क उपकम, सथ य न क य य स रजन क न नमटड कAपन य' द र कमच ररय' क ज र दकए ज र सर पहच — पत , (XVIII) बOक/दकस /ड कघर प सब7क (31.08.2005 क य उसस पYर ख गय ख त ), (XIX) म नयत प पत शनकक ससथ ओ द र 31.08.2005 क य उसस पYर ज र फ ट य7कत छ त पहच पत — , (XX) सAपनd दसत रज जस पट , रनजस6 क+ त नर ख आदद, (XXI) उप पभ ग य अन!क र क सतर क अन!क र द र 31.08.2005 क य उसस पYर ज र अ. ज ./ अ. ज. ज ./ अनय नपछड रग पम ण पत, (XXII) प%श दसत रज जस दक भYतपYर सन क प%श ब7क/भYतपYर सन क प%श अद यग आदश/भYतपYर सन क नर!र /आनfत पम ण पत/र+द रसथ प%श क ड/नर!र प%श क ड क$ मY पनत, (XXIII) 31.08.2005 क य उसस पYर ज र र र पहच पत, (XXIV) सरततत स पहच पत, (XXV) शसत इस%स, (XXVI) सकम प न!क र द र 31.08.2005 अथर उसस पYर ज र श र ररक नरक गत पम ण पत (XXVII) गर ब रख क च क ग' क , नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र र श क ड, 393

(XXVIII) अतय दय य ज क अनतगत नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर जर प र श क ड, (XXIX) गर ब रख क ऊपर क ग' क , नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र हर र श क ड, (XXX) अन पYण य ज क अनतगत नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र सफद र श क ड। 11. पहच

य सभ दसत रज पहच क न ए सर क य ह'ग, बशत< उ क$ मY क उदशय स क ई भ फ ट कvप सर क य हT ह ग ।

पनत पसत7त क$ ज ए।

12. उप7कत यथ नरन रदषट क ई भ दसत रज, ज ! रक क$ पहच क न ए पसत7त दकय ज त ह, नजसम% ! रक क फ ट हT ग ह, सर क य ह ग , बशत< मतद कन? पर उपनसथत दकस भ मतद अनभकत द र ! रक क$ पहच क च7 jत द गई ह । 13. यह सपषट दकय ज त दक ऊपर नग ए गए दकस दसत रज, ज पररर र क म7नखय क प स ह उप ब! ह त ह; क$ पररर र क दYसर सदसय' क$ पहच क न ए अ म 7 नत द ज च नहए, बशत< र एक स थ आत हO तथ ऐस दसत रज क आ! र पर उ क$ पहच ह सक। आदश स, (क0 एफ 0 नरलiड) सनचर नबह र नर! सभ क न ए ह र स ! रण न र च (नसतAबर—रAबर ) 2005 क उ न र च —कत' जह F मतद ह ह, क त सर तथ चjथ चरण क मतद म% न र च क —त' क न र चक' क$ पहच क न ए रकनलपकदस —त रज' क$ सYच (I)

प सप ट,

वरग इसनस, यकर पहच पत (प . ए. ए .), जय/कन? सरक र, स रजन क कत क उपकम, सथ य न क य य स रजन क न नमटड कAपन य' द र कमच ररय' क ज र र सर पहच पत — , /दकस /ड कघर प सब7क (31.08.2005 क य उसस पYर ख गय ख त ), नयत प पत शनकक ससथ ओ द र 31.08.2005 क य उसस पYर ज र फ ट य7कत छ त पहच पत — , Aपनd दसत रज जस पट , रनजस6 क+ त नर ख आदद, उप पभ ग य अन!क र क सतर क अन!क र द र 31.08.2005 क य उसस पYर ज र अ. ज ./अ. ज. ज /अनय नपछड रग पत, श दसत रज जस दक भYतपYर सन क प%श ब7क/भYतपYर सन क प%श अद यग आदश/भYतपYर सन क नर!र /आनfत पम ण रसथ प%श क ड/नर!र प%श क ड क$ मY पनत, .08.2005 क य उसस पYर ज र र र पहच पत, ततत स पहच पत, सत इस%स, सकम प न!क र द र 31.08.2005 अथर उसस पYर ज र श र ररक नरक गत पम ण पत गर ब रख क च क ग' क , नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र र श क ड, तय दय य ज क अनतगत नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र प र श क ड, गर ब रख क ऊपर क ग' क , नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र हर र श क ड, अन पYण य ज क अनतगत नबह र र जय सरक र क द र , 31.08.2005 क य उसस पYर ज र सफद र श क ड।

394

य सभ दसत रज पहच क न ए सर क य ह'ग, बशत< उ क$ मY पनत पसत7त क$ ज ए। पहच क उदशय स क ई भ फ ट कvप सर क य हT ह ग । उपय7कत यथ नरन रदषट क ई भ दसत रज, ज ! रक क$ पहच क न ए पसत7त दकय ज त ह, नजसम% ! रक क फ ट हT ग ह, सर क य ह ग , बशत< मतद कन? पर उपनसथत दकस भ मतद अनभकत द र ! रक क$ पहच क च7 jत द गई ह । यह सपषट दकय ज त ह दक ऊपर नग ए गए दकस दसत रज, ज पररर र क म7नखय क प स ह उप ब! ह त ह; क$ पररर र क दYसर सदसय' क$ पहच क न ए अ म 7 नत द ज च नहए, बशत< र एक स थ आत ह तथ ऐस दसत रज क आ! र पर उ क$ पहच ह सक। आदश स, (क0 एफ 0 नरलiड) सनचर

395

ITEM NO.182 Election Commission's letter No. PS/AK/2005, dated 13.10.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Movement of Patrolling Magistrates/Sector Magistrates between various polling stations on the day of poll and making an entry in the 'Visit Sheet'

Kindly refer to this office earlier instructions regarding ‘Visit Sheet’ given as per enclosed letter. These instructions now stand modified to the following extent. All Presiding Officers will attach the ‘Visit Sheet’ to the Presiding Officer’s diary at the time of submission.

The responsibility for non-submission of Visit Sheet shall lie with the

President Officer.

‘Visit Sheet’ for a particular polling station shall be examined

alongwith Presiding Officers diary for that polling station on return of polling party. Kindly bring these instructions to the notice of all DEOs, ROs, Presiding Officers, Patrolling Magistrates, Sector Magistrates, Zonal Magistrates and Observers.

396

ITEM NO. 183 Election Commission's letter No. PS/AK/2005, dated 14.10.2005. addressed to the Chief Electoral Officers, Bihar Sub:

General Election to the Legislative Assembly of Bihar, 2005–Verification of Form 17-A (Register of voters). In order to ensure that electoral abuses are kept to a minimum and not allowed to

vitiate the poll process, the Commission directs that all District Collectors and District Election Officers be directed to set up a proper system by which effective and thorough scrutiny of Presiding Officer’s diary, Visit Sheets, the diaries maintained by Patrolling/Sector/Zonal Magistrates and complaint registers of the District Control Room is ensured at the time of collection of polled material on poll day. This exercise shall be carried out under close supervision of Observers, Returning Officers and District Election Officers.

The intention is to identify polling

stations where electoral abuse has taken place in subtle and concealed manner. Such cases are to be detected through this exercise for ordering repoll. Forms 17A (Register of Voter) reveal a lot regarding the manner in which polling has taken place. To detect the instances of subtle and concealed electoral abuse, the Commission directs that the Returning Officers and the concerned Observers shall scrutinize Forms 17A in respect of all those polling stations, where polling has been more than the percentage as prescribed by the Commission after the end of poll. The Returning Officers and Observers shall check Forms 17A for similarities of signatures/thumb impressions, the manner in which votes have been cast (continuous serial nos.), cross check the entries in Form 17A vis-à-vis the marked copy of the electoral roll and filling up of remarks column in Form 17A. All Observers and Returning Officers, while sending their report for repolls, shall specifically state the

number of

polling station at which polling had been more than the percentage prescribed by the Commission and the result of such Form 17A scrutiny. The procedure for such scrutiny shall be as given in Annexure. Kindly communicate these instructions to all District Election Officers, Returning Officers and Observers immediately for strict compliance.

397

ANNEXURE Procedure for scrutiny of Form 17-A The Commission has discussed the issue of setting up of a proper mechanism for the scrutiny of Presiding Officer’s diary, visit sheets, dairies maintained by Patrolling/Sector/Zonal Magistrates, complaints registers of the District Control Room and Forms 17A and 17C etc. of those polling stations where polling has been more than the percentage as prescribed by the Commission after the end of poll. It has been decided that the following procedure may be followed for receipt, scrutiny, verification and storage of Forms 17A and 17C : (i)

The existing instructions stipulate that attested copies of Form 17 C (Account of Votes Recorded) will be handed over by the Presiding Officer to each of the polling agents present at the close of poll, even without their asking for it, and two copies of Form 17C will be sent to the Returning Officer. Of the two copies of Form 17C received from each polling station, one copy is to be kept alongwith the EVM and other copy is to be kept separately alongwith other election papers. THESE INSTRUCTIONS REGARDING SUPPLYING COPIES TO POLLING AGENTS, SENDING TWO COPIES OF FORM 17C TO THE RETURNING OFFICER, AND KEEPING ONE COPY OF FORM 17C WITH THE EVM SHALL BE STRICTLY FOLLOWED. THESE INSTRUCTIONS SHALL ONCE AGAIN BE REITERATED TO ALL PRESIDING OFFICERS IN WRITING.

(ii)

At the collection center, a separate counter shall be opened to receive the materials of those polling stations where polling percentage has been more than the percentage as prescribed by the Commission after the end of poll. All Presiding Officers shall be instructed to approach the appropriate counter for handing over the EVMs and other materials.

(iii)

The EVMs of all polling stations, irrespective of polling percentage, along with one copy of Form 17C (Account of Votes), shall be kept in the strong room as is the existing practice.

(iv)

As per the existing practice, the election papers are to be kept in a separate strong room (other than the strong room in which the EVMs are kept). For the sake of convenience in taking out the Forms 17A and the other documents for scrutiny, it will be ideal if a separate room can be identified for storing the election papers of the polling stations where polling has been more than the percentage as prescribed by the Commission after the end of poll. If a separate suitable room is not available, these documents may be kept in the same room in which other election papers are kept. However, in such cases, it shall be ensured that the papers relating to polling stations where polling has been more than the percentage as prescribed by the Commission after the end of poll are kept in a clearly demarcated place in the room so that there is no confusion at the time of taking out the documents of those polling stations for scrutiny.

(v)

Scrutiny of Forms 17A and other documents of the aforesaid polling stations, where polling has been more than the percentage as prescribed by the Commission after the end of poll shall be taken up at 9 A.M. on the day following the day of poll. However, if by that time, a substantial number of polling parties, say 10%, are yet to return, the scrutiny may be deferred till such time polling parties return. The scrutiny shall be done by the Returning Officer in the presence of Observer(s) at a place/room identified in advance, preferably near 398

the storage centre itself. All contesting candidates shall be given advance notice, in writing (under proper acknowledgment), about the scrutiny of Forms 17A, 17C and other documents indicating the place, date and time of commencement of such scrutiny. In such notice, it shall be mentioned that either the candidate himself or his election agent or one representative duly authorized by the candidate may be present to watch repeat only to watch the proceedings of scrutiny of Forms 17A, 17C and other documents by Returning Officer and Observer in respect of those polling stations where polling has been more than the percentage as prescribed by the Commission after the end of poll. The presence of candidates/agents/representatives is required for the purpose of satisfying them that these records are not tempered with by any one at the time of scrutiny. However, the discussion between the Observer and Returning Officer and their observation on the scrutiny of the records shall be kept confidential. (vi)

During the process of scrutiny, the candidates/their election agents or their authorized representatives may watch the proceedings from a safe distance so that they can get a clear view of the proceedings, but, are not able to handle the papers or interfere with the proceedings. There shall be proper barricading to ensure this, and the candidates or their representatives shall not be allowed to cross the barricade, under any circumstance.

(vii)

Proper log-books shall be maintained for recording the time and purpose of opening and closing the storage room where election records are kept. The room shall be opened in the presence of Observer(s) and the candidates/their election agents/representatives at the time fixed for the purpose. But if any candidate/election agent/representative chooses not to attend these proceedings, despite written notice having been served, the proceedings shall be conducted at the appointed hour and not delayed/adjourned merely because of his absence.

(viii)

After taking out copies of Forms 17C and the packets containing Forms 17A and marked copies of electoral roll in respect of such polling stations (where polling has been more than the percentage as prescribed by the Commission after the end of poll) for scrutiny, the strong room shall be duly closed after making entry in the log-book and obtaining the signatures of all candidates or their representatives as may be present.

(ix)

After scrutiny, the Forms 17A, 17C and marked copies of electoral roll for each polling station, they shall be re-sealed with the seal of the Returning Officer. The candidates or their election agents/representatives present, may also be allowed to affix their seal or signature thereon, if they so desire. These sealed envelopes shall then be kept back in the strong room from which they were taken out. This should be done in the presence of the candidates or their election agents/representatives. The room shall then be sealed with the seal of the Returning Officer. The candidates or their representatives may also affix their seals/signatures thereon, if they so desire.

(x)

After scrutiny of Forms 17A, 17C and other documents, the Returning Officer and Observer shall make necessary recommendations to the Commission for repoll, wherever considered necessary, giving reasons polling station wise. In case of any difference of opinion, the same shall be reflected indicating the reason for the same in their respective reports. 399

(xi)

Normal requirement of scrutinizing the Presiding Officers’ diaries, visit sheet, diaries maintained by Patrolling/Sector/Zonal Magistrates, complaint registers maintained at the District Control room, shall be followed strictly, for all polling stations irrespective of poll percentage, and the facts revealed on the scrutiny of these documents will be taken into account for forming opinion for recommending re-poll. (K.F. Wilfred) Secretary

400

ITEM NO. 184 Election Commission's letter No. 3/4/ID/2006/J.S.II/(BYE), dated 31.01.2006 addressed to the Chief Electoral Officers of Andhra Pradesh, Maharashtra and Uttar Pradesh Subject:-

Bye-Elections to the State Legislative Assemblies – Commission’s Order regarding identification of electors. I am directed to say that the Commission has directed that all electors in

24-Visakhapatnam-I Assembly Constituency in Andhra Pradesh, 13-Shrivardhan and 31Naigaum Assembly Constituencies in Maharashtra and 214-Mohammadabad Assembly Constituency in Uttar Pradesh, who have been issued with their Electoral Identity Cards, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting at the current bye-elections to the abovementioned State Legislative Assemblies. 2.

A copy of the Order dated 31st January, 2006, issued in this behalf is

enclosed. Attention of all Presiding Officers may be specifically drawn to the directions in paragraph 9 of the order. 3.

The Presiding Officers shall be clearly instructed to note the following

instructions when the electors produce their Electoral Photo Identity Cards at the time of exercising their franchise:-

(a)

Minor

discrepancies

in

the

father’s/mother’s/ husband’s

entries

name,

relating

sex,

age

to or

elector’s name, address

in

the

Electoral Identity Card shall be ignored and the elector allowed to cast his

vote

so

long

as

the

identity

of

the

elector

can

be

established by means of that card.

(b)

Any discrepancy in the serial number of the Electoral Identity Card as mentioned in the electoral roll shall be ignored.

(c)

If an elector produces an Electoral Identity Card which has been issued by the Electoral Registration Officer of another Assembly Constituency, such cards shall also be taken into account provided the name of that elector finds place in the electoral roll pertaining to the polling station where the elector has turned up for voting. But in such cases, it should be ensured that the elector does not vote at more than one place by thoroughly checking the left forefinger of the elector to see that there is no indelible ink mark thereon, and by applying the indelible ink on the left forefinger properly while allowing him to vote. 401

4.

The Commission’s Order dated 31 st January, 2006, may be got published in

the State Gazette immediately. The Returning Officers, Presiding Officers appointed for the current bye-elections and all other election authorities concerned may be informed of the Commission’s directions urgently.

This Order may be given

wide publicity

through print/electronic media for information of the general public and electors. It should be made clear that those who have been issued with EPIC should bring the EPIC and those who have not been issued with EPIC should bring any of the alternative documents prescribed by the Commission, at the time of voting. All political parties in your State may also be informed, in writing, of this direction of the Commission. 5.

The Returning Officers shall be instructed to note the implications of this

Order and explain the contents thereof to all Presiding Officers through special briefings. They should also ensure that a copy of this letter is available with the Presiding Officers at all polling stations / booths in the constituencies. 6.

Kindly acknowledge receipt and confirm action taken. COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001. Dated : 31st January,

No.3/4/ID/2006/J.S.II/(BYE) 2006. ORDER 1.

Whereas, Section 61 of the Representation of the People Act, 1951 provides that

with a view to preventing impersonation of electors, so as to make the right of genuine electors to vote under section 62 of that Act more effective, provisions may be made by rules under that Act for use of Electoral Identity Cards for electors as the means of establishing their identity at the time of polling; and 2.

Whereas, Rule 28 of the Registration of Electors Rules, 1960, empowers the

Election Commission to direct, with a view to preventing impersonation of electors and facilitating their identification at the time of poll, the issue of Electoral Identity Cards to electors bearing their photographs at State cost; and 402

3.

Whereas, Rules 49H (3) and 49K (2) (b) of the Conduct of Elections Rules, 1961,

stipulate that where the electors of a constituency have been supplied with Electoral Identity Cards under the said provisions of Rule 28 of the Registration of Electors Rules, 1960, the electors shall produce their Electoral Identity Cards at the polling station and failure or refusal on their part to produce those Electoral Identity Cards may result in the denial of permission to vote; and 4.

Whereas, a combined and harmonious reading of the aforesaid provisions of the

said Act and the Rules, makes it clear that although the right to vote arises by the existence of the name in the electoral roll, it is also dependent upon the use of the Electoral Identity Card, where provided by the Election Commission at State cost, and that both are to be used together; and 5.

Whereas, the Election Commission made an Order on the 28th August, 1993,

directing the issue of Electoral Photo Identity Cards (EPICs) to all electors, according to a time bound programme; and 6.

Whereas, the Commission has taken note of the fact that over the last few years

since the implementation of the programme of issue of EPICs was taken up, the election machinery of Andhra Pradesh, Maharashtra and Uttar Pradesh, have issued these cards to a

substantially high number of electors and made all possible efforts, by way of

repeated rounds of the constituencies and areas, with a view to issuing cards to the leftout electors; and 7.

Whereas, at the general election to the Legislative Assembly of Haryana held in

January – March, 2000, and at all general and bye-elections held since then, the Commission had directed that all electors who were issued with EPICs should produce those cards to exercise their franchise at the said elections, and that it would permit the odd electors who have not obtained their EPICs to vote at the said elections, provided their identity is otherwise established by production of one of the alternative documents prescribed by the Commission; and 8.

Now, therefore, after taking into account all relevant factors and the legal and

factual position, the Election Commission hereby directs that all 403

electors in 24-

Visakhapatnam-I Assembly Constituency in Andhra Pradesh, 13-Shrivardhan and 31Naigaum Assembly Constituencies in Maharashtra and 214-Mohammadabad Assembly Constituency in Uttar Pradesh, who have been issued with their EPICs, shall have to produce these cards to exercise their franchise, when they come to the polling stations for voting at the current bye- elections to the State Legislative Assemblies of these States , notified on 23rd January, 2006. 9.

The Election Commission wishes to make it clear that the electors at the

current bye-elections will have to establish their identity at the polling stations by means of the EPICs issued to them under the authority of the Election Commission. However, the Commission, will permit the electors who have not obtained their EPICs, to vote at the current

bye- elections,

provided their identity is

established to the

satisfaction of the Presiding Officer or such other Polling Officer as is authorised by the Presiding Officer in this behalf by producing any of the following alternative documents :(i)

Passports,

(ii)

Driving Licences,

(iii)

Income Tax Identity (PAN) Cards,

(iv)

Service Identity

Cards

issued

Government, Public Sector

to

its

Undertakings,

employees

by

State/Central

Local Bodies or Public Limited

Companies, (v)

Passbooks issued by Public Sector Banks/ Post Office and Kisan Passbooks ( Accounts opened on or before 1-1-2006),

(vi)

Student Identity Cards issued by Recognised Educational Institutions on or before 1-1-2006,

(vii)

Property Documents such as Pattas, Registered Deeds, etc.,

(viii)

Ration Cards issued on or before 1-1-2006,

(ix)

SC/ST/OBC Certificates issued by competent authority on or before 1-12006,

(x)

Pension Documents such as ex-servicemen’s Pension Book/Pension Payment Order, ex-servicemen’s Widow/Dependent Certificates, Old Age Pension Order, Widow Pension Order,

(xi)

Railway/Identification Cards issued on or before 1-1-2006,

(xii)

Freedom Fighter Identity Cards,

(xiii)

Arms Licences issued on or before 1-1-2006, 404

(xiv)

Certificate of Physical Handicap by Competent Authority issued on or before 11-2006.

10.

The above alternative documents for identification will also apply in respect of

such of the odd electors, who have been supplied with Electoral Identity Cards, but are not able to produce them for reasons beyond their control. 11.

It is clarified that any document, as enumerated above, which is available only for

the Head of Family, shall be allowed for the purpose of identification of other members of the family. Similarly, any document in the name of any other member of the family could also be used for identification of other members, provided the other members can be identified on the basis of such document. By Order, (K.F.WILFRED) SECRETARY

405

भ रत ननव च ' न आय ग ननव च ' न सरन, अश क र ड, नई दरल ल/– 110001 स20 3/4/आई. ड ./2006/न य.अन.II (उप)

दरन 2क: 31 जनवर , 2006

सव म7, मख यननव च ' न अनAक र , 1. आन Hपरश 2. मह र षJ

3. उत तरपरश

पवरय:

र ज यपवA न सभ ओ2 क नलए उप ननव च ' न – ननव च ' क1 क8 पहच न क स2ब2A

म7 आय ग क आरश। मह रय, मझ यह कहन क ननरश हआ ह दक आय ग न यह ननरश दरय ह दक आन H

परश म7 24—पवश ख पटनम--। पवA न सभ ननव च ' न कत,

मह र ष Jम7 13—श/वA'न

तथ 31—नईगOम पवA न सभ ननव च ' न कत1 तथ उत तरपरश म7 214—म हमर ब र पवA न सभ ननव च ' न कत क सभ/ ननव च ' क जजन 7हननव च ' क फ ट पहच न पत ज र दकय गय हC ,

उन 7हउपय'क तर ज यक8 पवA न सभ ओ2 क च लQ उप ननव च ' न1 म7,

मतर न कन R1पर अपन मतर न क नलए मतर न करन आए2,

जब व

तब अपन मत नAक र क

पय ग करत समय उन 7हअपन ननव च ' क पहच न पत पस त त करन ह ग । 2.

इस स2ब2A म7 दरन 2क 31

जनवर ,

2006

क ज र आय ग क आरश क8 पनत

स2लग नह। सभ/ प/ठ स/न अनAक ररय1 क ध य नआरश क पर 9 पवशरत: दरल य ज ए। 3.

क ननरश1 क8 और

प/ठ स/न अनAक ररय1 क स पष टअनरश दरय ज य दक जब ननव च ' क अपन

मत नAक र क पय ग करत समय अपन ननव च ' क फ ट पहच न पत पस तत कर7 त व ननम ननलजखतअनरश1 क ध य नम7 रख7:-(क)

ननव च ' क पहच न पत म7 ननव च ' क क न म, पपत /म त /पपत क न म, नल2ग, आय

य पत स स2ब2नAत पपवपWय1 म7 सQक मपवस2गनतय1 क नजर अ2र ज कर ननव च ' क1 क मत रन क8 अनमनत र ज न/ च दहए जब तक दक उस पहच न पत स ननव च ' क क8 पहच न स थ पपतह त/ ह।

406

(ख)

ननव च ' क न म वल/ म7 यथ रनश'त ननव च ' क पहच न पत1 क8 कम स20

म7 क ई

पवस2गनत नजर अ2र ज कर र ज न/ च दहए। (ग)

यदर एक ननव च ' क,

दकस/ रस ' क कत क ननव च ' क Q र पवA न सभ ननव च

रजजस Jशन अनAक र द र ज र ननव च ' क पहच न पत पस त त करत ह,

त ऐस ननव च ' क

पहच न पत पर भ/ पवच र दकय ज न च दहए बशत उस ननव च ' क क न म उस मतर न कन Rस स2ब2नAत ननव च ' क न म वल/ म7 नलख ह जह 2 वह मतर न क नलए आय ह, परन तऐस म मल1 म7, ननव च ' क क8 ब 2ई तज'न/ (उZ गल/)

क8 भल/ भ 2नत ज 2च करक दक

उस पर दकस/ अनमट स य ह क ननश न त नह 2 लग ह,

यह सननज[त दकय ज न

च दहए दक ननव च ' क एक स ज य र स थ न1पर मतर न न कर7 और उस मतर न क नलए अनमनत रत समय ब 2ई और क8 तज'न/ (उZ गल/) पर अनमट स य ह लग न/च दहए। 4.

आय ग क दरन 2क 31

जनवर ,

2006

क आरश र ज यक र जपत म7 तत क ल

पक नशत दकय ज ए। च लQ उप ननव च ' न1 क नलए ननयक तररटनन\ग आदफसर1,

प/ठ स/न

अनAक ररय1 तथ अन यसभ/ स2ब2नAत ननव च ' न प नAक ररय1 क आय ग क अनरश1 स

श/घ अवगत कर य ज न च दहए। आम जनत तथ ननव च ' क1 क8 सQचन क नलए इस

आरश क पप2ट/इलक J^ननकम/दडय द र व य पक पच रदकय ज न च दहए। इस ब त क स पष टदकय ज न च दहए दक जजनक ननव च ' क फ ट पहच न पत ज र दकय गए हC ,



अपन ननव च ' क फ ट पहच न पत स थ ल ए2 तथ जजन 7हननव च ' क फ ट पहच न पत ज र न ह2 दकय गए हC ,

व आय ग द र ननA र' रत वकजलपक रस त वज1 म7 स क ई रस त वज

मतर न क समय अपन स थ ल ए2। आपक र ज यक सभ/ र जन/नतक रल1 क भ/ आय ग क उस अनरश स नलजखत रप स अवगत कर दरय ज ए। 5.

ररटनन\ग आदफसर1 क यह अनरश दरय ज ए दक इस आरश क आशय समझ ल7

तथ पवशर स2जकप त सभ ओ2क म ध यमस इसक8 पवरय वस तसभ/ प/ठ स/न

अनAक ररय1 क बत ए2। उन 7हयह भ/ सननज[त करन च दहए दक इस पत क8 एक पनत ननव च ' न कत क सभ/ मतर न कन R1/बQथ1 क प/ठ स/न अनAक ररय1 क प स उपलब A ह। 6.

क9 पय इसक8 प जप तसQचन भज7 तथ क8 गई क र' व ई क8 पपW कर7 ।

भवर य,

(एस. आर. क र) अवर सनचव पनत: सनचव1/अवर सनचव1/ज नल अनभ ग1 क पपरत।

407

भ रत ननव च ' न आय ग ननव च ' न सरन, अश क र ड, नई दरल ल/—110001 स2. 3/4/आई. ड ./2006/न य.अन.-।।(उप)

दरन 2क: 31 जनवर , 2006 आरश

यत:, ल क पनतनननAत वअनAननयम, 1951 क8 A र 61 म7 यह प वA न ह दक ननव च ' क1 क पनतरपण क र कन क8 दपW स,

त दक उस अनAननयम क8 A र 62

अA/न असल/ ननव च ' क1 क मत नAक र क और अनAक पभ व/ बन य ज सक,



मतर न

क समय अपन/ पहच न क नसद करन क उप य क रप म7 ननव च ' क1 क नलए ननव च ' क पहच न—पत क पय ग क नलए उस अनAननयम क अA/न ननयम1 द र प वA न दकय ज ए; और 2.

यत:, ननव च ' क रजजस J करणननयम, 1960 क ननयम 28 ननव च ' न आय ग क

ननव च ' क1 क पनतरपण क र कन और मतर न क समय उनक8 पहच न सगम बन न क नलए र ज यक8 ल गत पर उनक फ ट ग फ सदहत ननव च ' क पहच न—पत ज र करन क ननरश रन क अनAक र रत ह, और 3.

यत:, ननव च ' न1 क स2च लन ननयम, 1961 क ननयम 49 ज (3) और 49 त (2) (ख)

म7 यह अनब2A ह दक जजस ननव च ' न—कत क ननव च ' क1 क ननव च ' क रजजस J करण

ननयम, 1960 क ननयम 28 क उक तउपब2A1 क अA/न ननव च ' क पहच न—पत ज र दकय गय ह,

उन ननव च ' क1 क मतर न कन Rम7 अपन ननव च ' क पहच न पत पस तत करन

ह ग ह उनक8 ओर स ननव च ' क पहच न—पत पस तत करन म7 असफल रहन य मन करन पर उन 7हव ट ड लन स मन दकय ज सकत ह, और 4.

यत:,

उक तअनAननयम और ननयम1 क उपय'क तउपब2A1 क सजममनलत और

स2यक तपठन स यह स पष टह ज त ह दक यदपप मत रन क अनAक र ननव च ' क न म वल/ म7 न म ह न स ह ह त ह, ननभ'र करत ह,

तथ पप यह ननव च ' क पच न—पत क पय ग पर भ/

जह Z र ज यक8 ल गत पर ननव च ' न आय ग द र ननव च ' क पहच न—

पत ज र दकय गय ह वह Z र न1 क ह स थ—स थ पय ग म7 ल य ज न ह; 5.

यत:,

ननव च ' न आय ग न समयबद क य'कम क अनस र सभ/ी/ ननव च ' क1 क

ननव च ' क फ ट पहच न—पत ज र करन क ननरश रत हए 28 अगसत, 1993 क एक आरश दरय थ ; और 6.

यत:,

आय ग न यह प य ह दक पपछल कछ वरg स जब स ननव च ' क फट

पहच न—पत क य'कम ज र करन क नलए क य न ' वयनशर दकय गय ह,

आन Hपरश,

मह र ष Jऔर उत तरपरश क ननव च ' न—तन तन सभ/ स2भव पयत न1द र छQट हए 408

ननव च ' क1 क ध य नम7 रखत हए पहच न—पत ज र करन क नलए ननव च ' न—कत1 और इल क1 म7 अनक चक1 द र अनAक स अनAक स2ख य म7 ननव च ' क1 क ननव च ' क पहच न— पत ज र दकए हC ; और 7.

य त :, जनवर —म च', 2000 म7 हए हररय ण पवA न सभ क स A रण ननव च ' न,

तथ त बस अब तक हए सभ/ स A रण तथ उप—ननव च ' न1 म7 आय ग न यह ननरश

दरय थ दक उक तननव च ' न1 म7 सभ/ ननव च ' क जजन 7हननव च ' क फ ट पहच न—पत ज र

दकए ज चक हC , मतर न करत समय अपन पहच न—पत पस त त कर7 और उक तननव च ' न1 म7 उन शर ननव च ' क1 जजन ह1नननव च ' क फ ट पहच न—पत प प तनह 2 दकय हC ,

उन 7ह

मतर न करन क8 अनमनत र ज एग/ बशत दक आय ग द र ननA र' रत वकजलपक रस त वज1 म7 स क ई एक रस त वज पस त त करन पर उनक8 पहच न स थ पपतक8 ज सक; और 8.

यत:,

अब,

सभ/ स2ब2द ब त1 और पवनAक तथ तथ य त मकजसथनत क ध य नम7

रखत हए ननव च ' न आय ग एतदद र यह ननरश रत ह दक आन Hपरश म7 24— पवश ख पटनम --। पवA न सभ ननव च ' न कत,

मह र ष Jम7 13—श/वA'न और 31—

नईगOम पवA न सभ ननव च ' न कत तथ उत तरपरश म7 214—म हमर ब र पवA न सभ ननव च ' न कत क सभ/ ननव च ' क1 क जजन 7हननव च ' क फ ट पहच न—पत ज र दकए गए

हC उन 7ह23 जनवर , 2006 क अनAसQनचत इन र ज य1क8 पवA न सभ ओ2 क नलए च लQ उप —ननव च ' न1 म7 मतर न कन Rपर मत ड लन क नलए आत समय और अपन मत नAक र क पय ग करत समय इन पहच न पत1 क पस त त करन ह ग । 9.

ननव च ' न आय ग इस ब त क स पष टकरन च हत ह दक च लQ उप ननव च ' न1 म7,

ननव च ' क1 क ननव च ' न आय ग क प नAक र क अA/न ज र ननव च ' क फ ट पहच न— पत1 क म ध यमस मतर न कन R1पर अपन/ पहच न स थ पपतकरन/ ह ग/। ह ल Zदक आय ग उन ननव च ' क1 क च लQ उप ननव च ' न1 म7 मत रन क8 अनमनत रग , ननव च ' क फ ट पहच न पत प प तनह 2 दकए हC ,

जजन ह1न

बशत उनक8 पहच न प/ठ स/न अनAक र

य रस Q र मतर न अनAक र , जजस प/ठ स/न अनAक र न इस हत प नAक9 त दकय ह, क8 स2तपW म7 ननम ननलजखतवकजलपक रस त व ज1 म7 स क ई पस त त करन पर ह ज त/ ह:-(I)

प सप ट'

(II)

ड इपव2ग ल इसन स

(III)

आयकर पहच न पत (प/. ए. एन)

(IV)

र जय/कन Rसरक र, स व'जननक कत क उपकम, स थ न/यननक य य स व'जननक

नलनमटड कम पननय1द र उनक कम'च ररय1 क ज र दकए ज न व ल सव पहच न—पत (V)

स व'जनदक कत क बCक1/ड कघर क द र ज र प स बक और दकस न प सबक

(1.1.2006 क य उसस पQव' ख ल गय ख त )

409

म न यत प प तशजकक स2स थ ओ2द र 1.1.2006

(VI) पहच न—पत (VII)

क य उसस पQव' ज र छ त

सम पपlरस त वज जस पटट , रजजस J क 9 त पवलख आदर

(VIII) 1.1.2006 क य उसस पQव' ज र र शन क ड'

सकम प नAक ररय1 द र 1.1.2006

(IX)

क य उसस पQव' ज र

अ.ज ./अ.ज.ज /अन यपपछड वग' पम ण—पत

प7शन रस त वज जस दक भQतपQव' सननक प7शन बक/प7शन अर यग/ आरश

(X)

भQतपQव' सननक पवAव /आनशत पम ण—पत/व9द वस थ प7शन आरश/पवAव प7शन आरश (XI)

1.1.2006 क य उसस पQव' ज र रलव पहच न पत

(XII)

स वत2तत सन न/ पहच न—पत

1.1.2006 क य उसस पQव' ज र शस तल इस7स

(XIII)

(XIV) सकम प नAक ररय1 द र 1.1.2006 क य उसस पQव' ज र श र ररक पवकल 2गत पम ण पत पहच न क नलए उपर क तवकजलपक रस त वज उन शर ननव च ' क1,

10.

जजन 7ह

ननव च ' क पहच न—पत सप ल ई त दकए गए हC दकन तजजन 7हव ऐस क रण1 स पस त त करन म7 असफल हC , ज उनक ननय2तण म7 नह 2 हC , पर भ/ ल गQ ह1ग। 11.

यह स पष टदकय ज त ह दक ऊपर नगन ए गए दकस/ रस त वज,

मजखय क प स ह उपलब A ह तहC ;

अनमनत र ज न/ च दहए। इस/ पक र,

ज पररव र क

क8 पररव र क रस Q र सरस य1क8 पहच न क नलए पररव र क दकस/ रस Q र सरस यक न म स क ई

रस त वज रस Q र सरस य1क8 पहच न क नलए भ/ पय ग दकय ज सकत ह बशत ऐस रस त वज क आA र पर रस Q र सरस य1क8 पहच न क8 ज सकत/ ह। आरश स, (क. एफ, पवल p ड)

410

ITEM NO.185 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to all Observers through the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject: Report by the Observers regarding their visits to various polling stations The Commission has desired that for the day of poll, Observers should prepare a report in the following format regarding their visits to various polling stations and forward the same to the Commission along with their report for its perusal: Constituency No. & Name _______________________ Date of Poll ___________________________________ S. No. of the Time of Visit

Votes polled as Votes polled as Whether

Polling Station

per Form 17A

visited

per EVM

Identity

of

electors

was

being recorded in form 17A or not

/

remarks

411

other

ITEM NO.186 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry. Subject:

Material and dimensions for making of Voting Compartment and placement thereof for secrecy of voting

During last few elections, it has come to the notice of the Commission that in many polling stations the voting compartments were not erected in desirable manner. While in some, the voting compartments made with the help of cardboards were not of sufficient height, in others the cloth used was of poor quality and transparent. In such cases the secrecy of voting could have been compromised. In certain other cases, it was noticed that voting compartments were placed next to windows / doors. In such cases, it was quite possible that others could see electors casting their votes. In order to maintain secrecy of vote at the time of poll, the Commission desires that during the forthcoming General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry, the voting compartment shall be made only of cardboard and shall be of dimension 21”X21”X21” and that in no case voting compartment should be placed near the window / door.

412

ITEM NO.187 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject; General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Various Patrolling Magistrates/Sector Magistrates to keep oscillating between various polling stations allotted to them on the day of poll and make an entry in the ‘Visit Sheet’

The Commission has desired that various Patrolling Magistrates Sector Magistrates will keep oscillating between various polling stations allotted to them on the day of poll to supervise the conduct of poll and make an entry in the ‘Visit Sheet’ (as enclosed with this letter) to be kept with the Presiding Officer on the day of poll. Similarly, Zonal Magistrates, DEOs, ROs, AROs and Observers whenever they visit any polling station, shall also make entry in the aforesaid Visit Sheet. This ‘Visit Sheet’ shall be given to Presiding Officers stapled alongwith the Presiding Officers’ diary and he shall deposit the same after the end of the poll alongwith the Presiding Officers diary. All DEOs shall make necessary arrangements for supply of Visit Sheets to polling parties along with Presiding Officers diaries. All DEOs, ROs shall also cover these instructions at the time of training of Presiding Officers. This may kindly be communicated to all DEOs, ROs, Presiding Officers and Observers immediately. With regards,

413

414

VISIT SHEET Date of Poll: ________________________________ Name and Number of Assembly : _____________________________ Name and Number of Polling Station : _________________________ Number of Electors : ___________________ Sl.

Name & Designation of the Time of Visit

Brief description of

No.

officer

polling

visiting

Remarks, if any

process votes polled till

(Observer/DEO/RO/

(Peaceful/Incidents,

ARO/ Sector Magistrate/

if any)

Zonal

Number of

Magistrate/

of Officer

the time of visit As per Form 17

Patrolling Magistrate)

Signature

As

per

the EVM

Signatures of Presiding Officers (with date)

415

ITEM NO.188 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – All Presiding Officers to attach the ‘Visit Sheet’ to the Presiding Officer’s diary at the time of submission

Kindly refer to this office earlier instructions regarding ‘Visit Sheet’ given as per enclosed letter. These instructions now stand modified to the following extent. All Presiding Officers will attach the ‘Visit Sheet’ to the Presiding Officer’s diary at the time of submission.

The responsibility for non-submission of Visit Sheet shall lie with the

President Officer.

‘Visit Sheet’ for a particular polling station shall be examined

alongwith Presiding Officers diary for that polling station on return of polling party. Kindly bring these instructions to the notice of all DEOs, ROs, Presiding Officers, Patrolling Magistrates, Sector Magistrates, Zonal Magistrates and Observers. With kind regards,

416

ITEM NO.189 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject: General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Commission’s decision for ordering adjourned poll at all those polling stations, where polling fails to start for two hours. The Commission has been issuing instructions from time to time to in the interest of free and fair elections. It has come to the notice of the Commission that sometimes polling at some of the polling stations gets delayed for unduly long hours due to various reasons and due to this delay, some of the bonafide voters leave the place and fail to exercise their franchise. The Commission after considering this issue feels that an adjourned poll may be ordered at all those polling stations where polling fails to start for two hours. This instruction may be brought to the notice of all District Election Officers, Returning Officers and Observers for strict compliance. With regards

417

ITEM NO.190 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Preparation of a comprehensive communication plan for each district during elections to avoid delay in receipt of critical information from polling stations/Sector Magistrates/Zonal Magistrates

The Commission has noticed during the previous elections that critical information from the polling stations/Sector Magistrates/Zonal Magistrates often gets delayed due to poor communication arrangements. Therefore, a need has been felt for preparation of a comprehensive communication plan for each district during elections.

The Commission, for the

purpose, has desired that : (i)

Nearest public/private telephones to all polling stations may be identified and enlisted.

(ii)

Sector Magistrates/Zonal Magistrates may be provided with wireless sets to the extent possible.

(iii)

Sector Magistrates/Zonal Magistrates may be allowed to use their personal phones for official purposes on the day of poll. For this service, they may be paid a token sum of Rs. 100/- per day.

(iv)

All Observers may be provided with local mobile chip (if they are holding their personal phones) or rented mobiles (in case they are not holding their own mobile phones) for the entire period of stay.

(v)

All resources public/private telephones/ mobile phones/wireless may be dovetailed to prepare a comprehensive communication plan for the elections.

(vi)

A control room should be opened in all districts, which shall consist of District Police Wireless Control Room and a room adjacent having enough number of telephone lines (minimum six) so that Observer can monitor the complaints received through wireless/telephones on the day of poll.

418

(vii)

Separate registers shall be maintained Assembly Constituency wise – one for District Police Wireless Control Room and second set for the telephone control room – for keeping the details of complaints received and response of the administration.

You are requested to inform all District Election Officers and Superintendents of Police that the District Communication Plan should be ready latest by the last day of nomination and put on trial run in presence of Observers five days prior to the day of poll. The District Communication Plan should largely rely upon public and private telephones as mobile phones can be unpredictable. These instructions may be brought to the notice of all DEOs, ROs and Observers immediately.

With kind regards,

419

ITEM NO.191 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Preparation of a District Communication Plan for the poll days

This is regarding preparation of District Communication Plan for the poll days by dovetailing all resources like public/private telephones/ Mobile phones /Wireless sets etc. You are requested to inform all District Election Officers and Superintendents of Police that the District Communication Plan should be ready latest by the last day of nomination and put on trial run in presence of Observers five days prior to the day of poll. The District Communication Plan should largely rely upon public and private telephones as mobile phones can be unpredictable. These instructions may be brought to the notice of all DEOs, ROs and Observers immediately. With kind regards,

420

ITEM NO.192 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Requirement of uniformity between the electoral rolls provided at the polling booths and those provided trot e candidates/political parties

Several complaints have been received in the Commission that during past elections the electoral rolls provided at the polling booths were different from the electoral rolls that were provided to the candidates/ polling parties. The Commission has viewed such complaints with concern and decided as follows: 1.

The electoral roll supplied to the polling booths shall be certified to be true copy of the one that has been provided to the candidates / political parties and marked copy kept by the Returning Officer for Conduct of Election by one officer and one subordinate to be specifically responsible for the purpose.

2.

The electoral roll supplied at polling booths shall be signed on all pages by these officers.

3.

A copy of the electoral roll, which will be used on the day of election at polling booths (copy of the one given to the candidates) shall also be given to the Observer.

The Observer shall check the authenticity of the roll provided at

polling booths vis-à-vis the rolls given to the candidates / political parties on the day of poll at the polling stations visited by him. Kindly ensure that these instructions are brought to the notice of all DEOs, ROs, EROs, political parties and Observers for information and strict compliance. With regards,

421

OTHER INSTRUCTIONS

422

ITEM NO. 193 Election Commission Letter No. 3/ER/94/J.S.-II dated 27.04.994, addressed to (1) the Chief Secretaries of all States and Union Territories and (2) the Chief Electoral Officers of all States and Union Territories. [Please also see Commission's Letters No.3/ER/ESO1 1/94/JSII dated 7th Sept., 1994 (Item No.195) and No. 3/ER/94/J.S.II/Vol. II, dated 7-121994 (Item No.197) for further modifications on these instructions]. Subject: Multiplicity of candidates at elections - Measures to reduce - Regarding The Commission has observed with concern the increasing multiplicity of the candidates at every succeeding elections to the House of the People and the State Legislative Assemblies. A very large percentage of such candidates are Independent Candidates' and barring a few exceptions, almost all of them lost their deposits having failed to secure the minimum number of votes required for the return of their deposits. 2.While increase in the number of candidates in every succeeding election may be ascribed, to some extent, to the increasing awareness about the democratic rights on the part of the general public, one other possibility is that some contesting candidates put up dummy candidates with the aim of procuring in their favor additional facilities and manpower in the form of polling agents and counting agents during the process of the elections by availing of those facilities and manpower which would be available to those dummy candidates. 3.Some of the provisions of law and Standing Orders of the Commission providing for certain facilities to the candidates which are misused in this connection are as follows:(i) Section 40 of the Representation of the People Act, 1951 which authorizes a contesting candidate to appoint one person other than himself to be his election agent. (ii) Section 46 of Representation of the People Act, 1951 read with Rule 13 of the Conduct of Elections Rules, 1961 which authorises a contesting candidate or his election agent to appoint one polling agent and two relief polling agents a every polling station. (iii) Section 47 of the Representation of the People Act, 1951 read with Rule 52 of the Conduct of Elections Rules 1961 which authorises a contesting candidate or his election agent to appoint counting agents up to 16 for every place of counting, subject to the Commission's directions. (iv) The instructions issued by the Commission to all State Governments to provide personal security to all contesting candidates and their agents. (v) The instructions of the Commission to every Returning Officer to allow each contesting candidate to ply on the day of poll (i) One vehicle for his own use, 423

and (ii) one more vehicle for each assembly constituency/assembly segment in the case of Parliamentary Constituency, for the use of his agents. 4. The candidates who put up dummy candidates appoint their own men as polling agents and counting agents in the name of such dummy candidates whereby they get additional manpower, and often muscle power, at the polling stations and counting agents. These dummy candidates also help in getting extra policemen by way of security personnel provided to candidate. Instances have come to the notice of the Commission where these armed escorts provided to the candidates have been used to overawe and brow-beat the voters. In some cases they have even helped in booth capturing. 5.Apart from the above-mentioned additional facilities and manpower thus manipulated by some contesting candidates through their dummy candidates, the latter also help the former in covering unauthorised expenditure for which a ceiling is prescribed under the law. 6.The Commission is also aware of the administrative problems created due to the overcrowding of polling stations and places of counting due to the agents of dummy candidates. 7.The Commission suggested to the Government some concrete measures to check and reduce the multiplicity of the candidates at elections in its package of proposals for electoral reforms sent to the Government on 1 0th February, 1992. No response whatsoever has been received from the Government by the Commission so far. 8.With a view to protecting the purity of election process so that the elections reflect the true choice of electorate exercised in free and fair manner, the Commission considers that some measures which are permissible within the existing provisions of law are called for urgently to put a check as far as possible on the practice of dummy candidates. 9.After a careful consideration of all relevant factors, the Commission, in exercise of its plenary powers under Article 324 of the Constitution, the powers to issue specific and general directions under Rule 52 of the Conduct of Elections Rules, 1961 and all other powers enabling it in this behalf, directs hereby as follows:(i) If at any stage during the process of election after the last date for the withdrawal of the candidatures, a candidate publicly announces that he is retiring from contest in favor of another candidate or for any other reason, whatsoever, or publicly announces, extends or solicits support for any other candidate, the Returning Officer shall direct forthwith the concerned police and other authorities to withdraw all such facilities like personal security permits to ply vehicles, etc., as have been extended to him under any of directions or the instructions of the Election Commission. In case the said candidate refuses to give such a statement in writing, the Returning Officer will cause such a refusal to be widely publicized in order to eliminate the impact of his unfounded statement on the free and fair contest. 424

(ii) If at any stage on the day of poll, the Returning Officer, on a complaint or a report or otherwise, comes to the conclusion that any vehicle authorized to ply for the personal use of a particular candidate and/or his agent/s is being used by any other candidate or for any purpose other than the authorized use of the said candidate or his agents the Returning Officer shall direct the District Superintendent of Police or any other competent authority to impound the said vehicle/ s and shall not release it till the end of the process of polling. (iii) The seating arrangement at the polling stations for the polling agents of candidates shall be guided by the following categories of priority: 1.Candidates of National Recognized Political Parties; 2.Candidates of recognized State Parties; 3.Candidates of recognized State Parties of other States who have been permitted to use their reserved symbols in the Constituency; 4.Candidates of registered-unrecognized political parties; 5.Independent Candidates (iv) The seating arrangement for counting agents at each counting table in a place for counting shall also be determined in accordance with the priorities indicated in Para (iii) above. (v) If at any stage in the process of election, a complaint or report is received that any candidate is allowing the security personnel provided to him for ensuring his personal security to be used by any other candidate or for any purpose other than the purpose of providing security personnel so provided shall be withdrawn by the police authorities concerned in consultation with the Returning Officer. 10. The receipt of these directions should be immediately acknowledged and be given wide publicity through quickest means.

425

ITEM NO. 194 Election Commission's letter no. 3/ER/94/J.S.II dated 16.08.1994, addressed to the Chief Electoral Officers (All States and Union Territories) and the Chief Secretaries, (All States and Union Territories) Subject: Prevention, intimidation, use of force, etc. in the matter of nomination of candidates belonging to weaker sections and bribery and for setting up or securing withdrawal of candidates I am directed to say that instance have come to the notice of the Election Commission where candidates belonging to weaker sections are prevented from filing their nomination by coercion, abduction, intimidation, wrongful confinement or use of force, etc., Similarly, instances have also come to the notice of the Commission where bribery and undue influence are resorted to by some influential candidates or their election agents or supporters for securing withdrawal of candidatures. 2. The Commission takes a very serious view of these practices which erode the very basic principles of free and fair elections. The Commission is constrained to say that even though under the Election Law and the Indian Penal Code these acts constitute election offences deserving severe punishment, most of these offences are not taken note of or enquired into leave alone punishing the culprits. 3.1 The Specific provisions which exist in the Indian Penal Code to deal with such cases of electoral offences are reproduced below :"Section 171B of the Indian Penal Code- Bribery at elections : (1)

Whoever-

(i) gives a gratification to any person with the object of including him or any other person to exercise any electoral right or of rewarding any person for having exercise any intimidation, wrongful confinement or use of force, intimidation, wrongful confinement or use of force, such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: (1)Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2)A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3)A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 426

Section 171C of the Indian Penal Code-Under influence at elections :(1)Whoever voluntarily interfere or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2)Without prejudice to the generality of the provisions of Sub-Section (1), whoever:(a)threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b)induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be render an object of Divine displeasure or of spiritual pleasure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of Sub-Section (1)". 3.2Section 171A of the Indian Penal Code defines Electoral Right to mean the right of a person to stand, or not to stand as, or to withdraw from being a candidate, or to vote or to refrain from voting at an election. The offences of 'bribery' and 'undue influence' under Sections 171B and 171C are punishable with imprisonment upto one year or with fine or with both under Sections 171E and 171F of the IPC. 3.3Under Sections 123(1) and 123(2) of the Representation of the People Act, 1951, 'bribery' and 'undue influence' to interfere with the free exercise of electoral right of a person are corrupt practices which are grounds for declaring the election as void by the High Court and for disqualifying the persons found guilty. 4.While the jurisdiction to take action for a corrupt practice is vested with the High Court on an election petition, penal action can be initiated against the offenders in these cases under the relevant provisions of the Indian Penal Code by the Police authorities when the matter is reported to them by any one. 5.The Commission desired that as soon as any complaint or information of prevention, intimidation or use of force, bribery or undue influence, in the matter of nomination of candidates, or securing withdrawal of a candidate at any election is received by any Returning Officer or District Election Officer or Chief Electoral Officer, he shall report the matter forthwith to the Police Authorities for making necessary enquiries and to prosecute the offenders. The Returning Officers/District Election Officer/Chief Electoral Officer, shall at the same time, report the facts of each case to the Commission and send report on the progress on each such complaint periodically till such time the offenders are dealt with by the appropriate Courts at such time as the Commission directs the officers concerned not to send the progress reports anymore. 6.The above instructions of the Commission shall be scrupulously followed by all officers concerned. 7.Acknowledgment of the receipt of this letter is requested.

427

ITEM NO. 195 Election Commission's Letter No.3/ER/ESO1 1/94/JSII dated 07.09.1994, addressed to (1) The Chief Secretaries to Govt. of all states and Union Territories and (2) The Chief Electoral Officers of all States and Union Territories. Subject: Multiplicity of candidates at elections-measures to reduce - regarding I am directed to invite a reference to the Commission's letter No.3/ER/94-J.S.II dated 27.04.1994. containing the Commission's directions aiming to put a check as far as possible on the practice of dummy candidates. 2.The Commission has reasonable cause to apprehend that in the ensuing general elections to the Legislative Assemblies of the States of Arunachal Pradesh, Andhra Pradesh, Bihar, Goa, Gujarat, Karnataka, Maharashtra, Manipur, Orissa and Sikkim and the bye-elections due to be held shortly, some of the political parties and candidates may again resort to the undesirable practice of putting up dummy candidates with the object of procuring in their favour additional facilities and manpower in the name of such dummy candidates. 3.In the interests of free and fair elections, it is essential that this undesirable practice is curbed to the maximum extent possible so that the electoral process is not reduced to a farcical exercise and the electorate exercises its right of franchise in a free and fair manner. 4.The Commission believes that if the measures which have been directed by the Commission to be taken in para 9 of its above-mentioned letter dated 27-04-1994 are given wide publicity at this stage and it is made unequivocally clear to the political parties and the intending candidates that the said directions will be strictly enforced, this will have the desired effect of dissuading the political parties and candidates from putting up dummy candidates. 5.Needless to say, the Commission will firmly and strictly enforce its above-mentioned directions. Apart from the action which may be deemed appropriate against the political parties and candidates violating the above directions of the Commission, any non-compliance of these directions by the Returning Officers and other officers responsible for the implementation of these directions, including the Police authorities, with render themselves liable to severe disciplinary action besides any penal action which may be called for against them for breach of their duty. 6.The Commission directs that a copy of its present letter together with a copy of its earlier letter dated 27.04.1994 in English/Hindi and its translation in local regional language(s) should be given immediately to local units of all recognized National and State parties, and copies thereof should also be given to each candidate at the time of filing his nomination (repeat at the time of the filing of nominations and not scrutiny of nominations). 7.The above-mentioned directions should also be given widest possible publicity through all media of mass communication. 428

8.The receipt of this letter should be acknowledged immediately.

429

ITEM NO. 196 Election Commission's Letter No. 3/1/94/J.S.II dated 05.12.1994, addressed to the Chief Electoral Officers of all States and Union Territories Subject: Countermanding of Poll under Section 52 of the Representation of the People Act, 1951 on Account of the death of a contesting candidate set up by Recognised Political Party - Regarding I am directed to state that a question has been raised whether the election will be countermanded or not under the amended section 52 of the Representation of the People Act, 1951 on the death of a candidate set up by a political party which is recognized in another State but not in the State in which the candidate set up by that party after obtaining the concession under Para 10 of the Election Symbols (Reservation and Allotment) Order, 1968, has died. 2.The legal position in this regard has been examined in detail and is stated as hereunder. 3.The said section 52, as amended in 1982, provides as follows: "52.

Death of candidate before the poll. - If a candidate, set up by a recognised

political party, (a)dies at anytime after 11 A.M. on the last date for making nominations and his nomination is found valid on scrutiny under section 36; or (b)whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 33, dies; and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 38; or (c) dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, countermand the poll and report the fact to the Election Commission and also to the appropriate authority and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election: Provided that no order for countermanding a poll should be made in a case referred to in clause (a) except after the scrutiny of all the nominations including the nomination of the deceased candidate: Provided further that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll; Provided also that no person who has given a notice of withdrawal of his candidature under subsection (1) of section 37 before the countermanding of the poll 430

shall be ineligible for being nominated as a candidate for the election after such countermanding. Explanation: For the purposes of this section, "recognised political party" mans a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968". 4.Under the scheme of the Representation of the People Act, 1951, election from each Parliamentary or Assembly constituency is a separate election as has been held by the Supreme Court in Inderjit Barua V. Election Commission and others (AIR 198 SC 1912). Therefore, the above mentioned amended provisions of section 52 of the said Act would be attracted only in the case of a candidate set up by a political party which is recognised in the constituency concerned. 5.Section 52 does not expressly spell out whether the recognised political party referred to therein means a party recognised in any State or in the State concerned. That section only says by way of explanation that "recognised political party' means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968. Therefore, the precise meaning of that expression will have to be gathered from the provisions of the said Symbols Order. 6.Under the Symbols Order, recognised political parties are of two categories, i.e., National Parties and State Parties (Vide Para 7). A National Party is recognised in all States and Union Territories in India, that is to say, in all Parliamentary and Assembly Constituencies throughout India. A State Party is recognized only in that State or States where it is specifically recognised by the Commission, that is to say, only in the Parliamentary and Assembly Constituencies in the State concerned. It is not a recognised party for the purposes of the other States. In such other States, it is only a registered-unrecognized party under the Symbols Order. 7.It is true that a State party recognised in one or more States may be granted concession by the Commission, on an application by that party under Para 10 of the Symbols Order and subject to fulfillment of conditions specified therein, allowing its candidates to use the symbol reserved for it in the State or States in which it is recognised, in an another State in which it is not so recognised as a State Party. But that would not make it a recognised as a State party in such other State where it is not so recognised for the purposes of the Symbols Order. Its candidates can ask for the concession of allotment of the party's symbol only in those specified constituencies in respect of which the Commission has granted the said concession and not in any other constituency. The grant of such concession would not carry with it the recognition of that party as a recognised State party in the constituencies concerned. 8.One of the essential attributes of recognition of a party in a State is the exclusive reservation of a symbol for that party in all constituencies, whether Parliamentary or Assembly, of that State. Its reserved symbol cannot be allotted in that State to any other candidate in any constituency even where the party has not set up its candidates. But this is not so in other States. A symbol reserved for a State Party in one State may be reserved for another State Party in an another State or even may be specified as a free 431

symbol in such other States. If a State Party is granted the above mentioned concession under Para 10 of the Symbols Order to use its symbol in another State, its symbol may be allotted to its candidates only in those specified constituencies in relation to which it has been granted concession by the Commission. That symbol will be available for allotment to candidates of other registered-unrecognised parties and independent candidates in all other constituencies, if that symbol is specified as a free symbol in that State. Even if such symbol is not allotted or available for allotment to other candidates for the reason that it is not specified as a free symbol in that State, the legal position remains unchanged that such symbol is not exclusively reserved for that party in the said State as that party is not recognised State party in that State. 9.Another important aspect of recognition as a National Party or State Party in a State is that the party is supplied, free of cost, with copies of electoral rolls of every constituency in the State. No such grant of free copies of electoral rolls of every constituency in the State. No such grant of free copies of electoral rolls is available to any other party which is not recognised in that State, notwithstanding that it may be a recognised State Party in some other States and may have been granted the abovementioned concession under Para 10 of the Symbols Order in the former State. Similarly, yet another major benefit of recognition of a party in a State is the facility of political telecast and broadcasts over the Doordarshan and AIR at the time of a general election in the State concerned. But such benefit is not extended in any circumstances to the political parties recognised in other States, notwithstanding the grant of above referred concession to such parties under Para 10 of the Symbols Order. 10.Viewed from all these angles, the logical conclusion is that the "recognised political party" for the purposes of section 52 of the Representation of the People Act, 1951 is only that party which is recognised either as a National Party or as a State Party in the State concerned and not a party which may be recognised in some other State. Otherwise, the whole distinction between the National and State Parties under the Symbols order would be obliterated for the purposes of said section 52, and the State Parties would be at par with the National Parties in all States and Union Territories (even in those States/Union Territories where they are not recognised as State Parties) which cannot be the intention of the law, as amended. 11.The above interpretation would also be in consonance with, and will further the object underlying the amendment made to the provisions of section 52. Under the amended provisions, the election is to be countermanded only on the death of a candidate set up by a recognised party and not on the death of a candidate set up by unrecognised party. This discrimination made in section 52 has been upheld by the Supreme Court as a valid discrimination and classification in the case of Rama Kant Pandey V. Union of India (Judgment Today 1993 (1) SC 340). As mentioned above, a party recognised as a State Party in one State is a registered-unrecognised party in other States and the death of a candidate set up by such party in a State in which it is not recognised should be considered at par with the death of a candidate of any other registered-unrecognised party.

432

12.Having regard to the above legal position, the election should not be countermanded under the amended section 52 of the Representation of the People Act, 1951 on the death of a candidate set up by a political party which is not recognised in the State concerned notwithstanding that the said party may be a recognised state party in some State and may have been given concession under Para 10 of the Symbols Order even in the constituency concerned. 13.The above may be brought to the notice of all the Returning Officers in the State/Union Territory. 14.The receipt of this letter be acknowledged by an immediate message.

433

ITEM NO. 197 Election Commission's Letter No. 3/ER/94/J.S.II/Vol. II, dated 07.12.1994, addressed to The Chief Electoral Officers of all States and Union Territories. Subject: Multiplicity of candidates at elections - Measures to reduce - regarding I am directed to invite your attention to Commission's letter No. 3/ER/94/J.S.II dated the 27th April, 1994, on the subject cited, and to say that a question had arisen whether the candidate referred to in para 9(i) of that letter, i.e., the candidate who has announced retirement from contest or announced his support in favor of another candidate, can be permitted to appoint election agent, polling agents and counting agents. 2.Announcement of retirement from contest after the last date of withdrawal of candidatures has no validity in the eyes of law and such candidate continues to be a "contesting candidate". He is therefore, entitled under the law, i.e., sections 40 to 51 of the Representation of the People Act, 1951 read with rules 12,13,14 and 52 of the Conduct of Election Rules, 1961 to appoint his election agent, polling agents and counting agents, if he so likes. 3.The Commission has already directed vide letter dated 27.4.94, referred to above that only such of the facilities as have been given to such candidates under the direction/instructions of the Commission, like, the provision of security, permits for plying vehicles, etc., alone should be withdrawn. Facilities which are available to contesting candidates under the law cannot be withdrawn. 4.The receipt of this letter should be immediately acknowledged.

434

ITEM NO. 198 Election Commission's massage No 576/3/97/J.S.II dated 20.01.1997 addressed to Chief Electoral Officer, Uttar Pradesh, Lucknow SUBJECT: PRINTING OF LEGEND 'GENERAL ON BALLOT PAPERS OF A CONSTITUENCY WHERE POLL WAS ADJOURNED UNDER SECTION 52 OF RP ACT. 1951 REFERENCE YOUR MESSAGE NO. 848/CEO-II, DATED 16TH JANUARY, 1997 REGARDING PRINTING OF LEGENDS ON BALLOT PAPERS (.) POLL FOR ELECTION

FROM

385-SHIKARPUR(SC)

ASSEMBLY

CONSTITUENCY

WAS

ADJOURNED UNDER SECTION 52 OF THE REPRESENTATION OF THE PEOPLE ACT, 1951 AND IS IN CONTINUATION OF THIS GENERAL ELECTION PROCESS IN THAT CONSTITUENCY (.). THE LEGEND "GENERAL" SHOULD, THEREFORE BE PRINTED ON THE BALLOT PAPERS OF THE SAID CONSTITUENCY (.)

435

ITEM NO. 199 Election Commission's letter No. 576/3/98-JS-II dated 03.02.1998 addressed to Chief Secretaries of all States and UTs. Subject: Possession of arms near the polling station - restriction The Commission wishes to bring to the notice of all concerned the provisions of Section 134 B of the Representation of People Act, 1951, as inserted by the R.R (Amendment) Act, 1996, whose underlying intention is to ensure that, except those expressly permitted by that section, no one else carries any arms or indulges in show of arms in polling stations or in their vicinity (an areas within a radius of 100 meters from the polling booth), so that the conduct of elections can take place in a free and fair manner without any intimidation of voters, or threat perception to them or they being overawed by large posse of security personnel carrying arms. 2

To facilitate the understanding of the issue, Section 134B is reproduced below : "Prohibition of going armed to or near a polling station — (1)No person other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959, of any kind within the neighbourhood of a polling station. (2)If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term, which may extend to two years or with fine or with both. (3)Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in 436

relation to such arms shall be deemed to have been revoked under section 17 of that Act. (4)An offence punishable under sub-section (2) shall be cognizable". 3.It is seen from time to time that during the poll process, candidates and/or supporters of candidates, who are recipients of security extended to them by the State authorities, enter polling Stations or go within the neighbourhood thereof accompanied by their security personnel. This is in clear contravention of the Provisions laid down in 134B of the R.R Act, 1951. 4.The Election Commission, therefore, directs that no person, be he a recipient of any form of security from any quarter, should enter into any polling station or go within its neighbourhood, accompanied by such security personnel. Neighbourhood of a polling station should be construed to mean an area within a radius of 100 meters from the polling booth, on the analogy of Section 130 of the R.R Act, 1951. The security agencies in charge of extending security must therefore, recast security plans accordingly. It would be the duty of those in charge of the election to ensure that the provisions of the above quoted section 134B of the R.R Act, 1951 are strictly enforced and no security personnel attached to any person (i.e., any candidate, any of his agents, workers, supporters, or even any elector) enter into any polling station or are found in the neighbourhood of the polling station. The same restrictions should also apply in relation to entry into counting centers and in the neighbourhood of the counting centers. Candidates usually carry out most of their campaigning activities through their election agents, particularly, where the candidates are important leaders of their party and have to campaign for their party elsewhere than in the State and constituencies, from where they themselves are contesting. Therefore, the candidates, in their own interest, would be well advised not to appoint any person as their election agent who is recipient of any form of security cover by the State which requires him to be accompanied by 437

security personnel carrying arms. This would ensure all election agents to move about freely to look after interests of their candidates during the campaign period, the day of polling and the day of counting.

438

ITEM NO. 200 Election Commission's letter No.3/8//2000 J.S.II dated 26.12.2000 addressed to the Chief Electoral Officers of all States and Union Territories. Subject:

Use of Loudspeakers for election campaigns- Consolidated instructions

All political parties, candidates and their workers, supporters and sympathizers are using loudspeakers for their electioneering campaigns. These loudspeakers are not only used from fixed rostrums but are also used mounted/fitted on vehicles like trucks, tempos, cars, taxis, vans, three wheeler scooters, cycle rickshaws, etc. These vehicles move on all roads, streets and lanes and also so around villages, basties, Mohallas, colonies and localities with the loudspeakers broadcasting at very great volume. This results in serious 'noise pollution' and causes great disturbance to the peace and tranquility of the general public. The student community, in particular, gets seriously disturbed as their studies are badly hampered because the loudspeakers stall blaring from very early hours in the morning and continue to do so throughout the day and till extremely late hours in the night. The aged, the infirm and the sick whether in institutions, hospitals, etc. or at home are also put to severe discomfort. 2.The Commission is aware that the use of loudspeakers cannot be stopped altogether during the election period as the loudspeakers are one of the means of election propaganda and imparting information to public. But. at the same time, indiscriminate and unfettered use of loudspeaker at odd hours and at odd places at very high volumes which have the effect of disturbing peace and tranquility and causing annoyance to the general public, the sick, and the student community in particular cannot be permitted. Some reasonable restrictions are essential. 3.After considering all aspects of the matter, the Commission, in exercise of its powers conferred by Article 324 of the Constitution and all other powers enabling it in this behalf and in supersession of its earlier instructions, hereby DIRECTS that the use of loudspeakers at all future elections shall be strictly regulated as follows:(i) The use of loudspeakers, whether fitted on vehicles of any kind whatsoever, or in static position used for public meetings for electioneering purposes, during the entire election period starting from the date of announcement of election and ending with the date of declaration of results shall be permitted only (a) between 6.00 a.m. and 11.00 p.m in rural areas i.e. areas outside corporation or municipal Limits: and (b) between 6.00 a.m. and 10.00 p.m. in other areas, i.e. areas falling within corporation or municipal limits. (This para has been substituted vide Election Commission's letter No.3/8/2005/JS-II, dated 26th September, 2005 reproduced at Item No.184 as under:"3(i) A public address system or loudspeaker or any sound amplifier, whether fitted on vehicles of any kind whatsoever, or in static position, 439

used for public meetings for electioneering purposes, shall not be used at night between 10.00 p.m. and 6.00 a.m." (ii) All loudspeakers whether used for general propaganda or for public meetings or procession, and whether used on moving vehicles or otherwise, shall be used during the restricted hours only mentioned in clauses (ii) above and never beyond. (iii) All loudspeaker being used beyond the hours as prescribed above, shall be confiscated along with all the apparatus connected with the use of these loudspeakers. (iv) All political parties, candidates and any other persons using any loudspeakers on moving vehicles including but not restricted to trucks, tempos, cars, taxis, vans, three wheeler scooters, cycle rickshaws, etc. shall intimate the registration identification number of those vehicles to the authorities granting permission to use the loudspeakers and such registration identification numbers of the vehicles shall be indicated on the permits granted by the authorities concerned. (v) Any vehicle on which a loudspeaker is used without the said written permit shall be confiscated forthwith along with the loudspeaker and all the apparatus used along with it. (vi) All political parties, candidates and even other person using an\ loudspeaker either on a moving vehicle or at a fixed place shall intimate (1)the Returning Officer of the Constituency, and (2)local Police authorities, in writing, the full details of the permits obtained by them before using any of those loudspeakers. In the case of mobile loudspeakers, the registration identification numbers of the vehicles shall also be registered by them with the Returning Officer and the local Police authorities. (vii) It shall be the responsibility of the State Government authorities granting permits for use of loudspeakers and the local Police authorities to strictly enforce that no loudspeaker is used by anyone in violation of any of the above directions, 4.

No loudspeakers fitted on vehicles of any kind or in any other manner

Whatsoever shall be permitted to be used during the period of 48 hours ending with the hour fixed for the conclusion of the poll in any polling area. Even after the close of poll proper law and order is required to be maintained till completion of election after the declaration of result. Use of loudspeakers is generally regarded as source of public nuisance and can often give rise to tension in a politically surcharged atmosphere. The District Administrations should, therefore, consider any application for permission to use loudspeakers after the aforesaid prohibitory period of 48 hours, on merit of each application and keeping in view the need to maintain proper law and order till the completion of election. 440

5.The above directions of the Commission, which will check noise pollution and disturbance of public peace and tranquility must be scrupulous- implemented and strictly enforced by all State government authorities concerned. Any violation there of will be viewed by the Commission with grave concern and will invite severe disciplinary action against the defaulting officers. 6.A copy of this order shall be made available to local units of all recognized National and State parties in English/Hindi and in local official languages, and 10 each candidate at the time of his nomination, under acknowledgment. 7.The receipt of this letter should be acknowledged immediately.

441

ITEM NO. 201 Election Commission’s letter No.509/75/2004/JS-I, dated 15.04.2004 addressed to the Chief Electoral Officers of all the States / Union Territories. Subject: - Supreme Court's Order dated 13 t h April, 2004 relating to advertisements of political nature on FY Channel and cable networks. I am directed to enclose herewith a copy of the order dated 15 th April. 2004, passed by the Commission in pursuance of the Order dated 13th April. 2004. of the Hon'ble Supreme Court in SLP ( C ) No. 6679 of 2004 (Ministry of Information and Broadcasting Vs. M/s. Gemini TV Pvt. Ltd. and others). 2. It may be noted that the Commission has directed that for pre-viewing. scrutinizing and certifying advertisements to be telecast over TV channels and cable networks by any registered political party or by any group or organization / association, having headquarters in NCT of Delhi, the Chief Electoral Officer, Delhi is to constitute a Committee as directed in paragraph 6 (i) of the Order. Similarly, the Chief Electoral Officers of other States / Union Territories will constitute Committees for dealing with applications by political parties and other associations / groups with headquarters in their States / Union Territories, as per paragraph 6 (iii). Vide paragraph 6 (v) of the Order, the Returning Officer of every Parliamentary Constituency have been declared as Designated Officer for previewing, scrutinizing and certifying advertisements by individual candidates contesting election from the constituency concerned. For the candidates contesting the current general election to the Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim and the bye-elections in some States, the Returning Officer of the Parliamentary Constituency comprising the Assembly Constituency concerned will entertain applications for certification of advertisements. 3. The Chief Electoral Officers of all States / Union Territories are also required to constitute further a Committee to attend to complaints / grievances in regard to the decision of the Committees Designated Officers on the application for certification of advertisements. 4. Each application for certification is to be submitted before the Committee concerned or the Designated Officer concerned in a statement as per the format prescribed in Annexure-A appended to the Order. The certificate for telecast for an advertisement is to be given by the Committee / Designated Officer in the format as given in Annexure-B appended to the Order. The applicants are required to submit two copies of the proposed advertisements in electronic form alongwith an attested transcript thereof. 5. A proper record in a register should be maintained for all applications received for certification. Each application should be serially numbered and the serial numbers should also be indicated on the two copies in electronic form and the receiving officer should affix his signature on the electronic copy. After issue of certificate, one electronic copy of the advertisement as certified for telecast, should be retained by the Committee / Designated Officer.

442

6. All Chief Electoral Officers may take immediate action for acquiring, by hiring or purchase, necessary equipments / infrastructure, such as television. VCR, VCD, etc. that may be required for the purpose of previewing and scrutinizing of advertisements by the Committees and Designated Officer in their State / Union Territory. Any purchase made are to be in accordance with the rates and procedures approved by the State Governments for similar items. 7. The Commission's order may be given wide publicity and this may be specifically brought to the notice of all District Election Officers / District Magistrates. Returning Officers, TV Channels, cable operators and political parties in the State / Union Territory. 8.

Kindly acknowledge receipt. COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan. Ashoka Road, New Delhi-110001.

No. 509/75 2004/JS-I 2004.

Dated

15th

April.

ORDER 1. Whereas, Section 6 of the Cable Television (Regulation) Act. 1995. provides that no person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code; and 2. Whereas, Sub- rule (3) of Rule 7 of the Cable Television Network (Regulations) Rules, 1994 laying down the advertising code in terms of the abovementioned Section 6 provides that "no advertisement shall be permitted, the objects whereof, are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end"; and 3. Whereas, the High Court of Andhra Pradesh, by its judgment and order dated 23-03-2004 in WPMP No.5214/2004 (Gemini TV Pvt. Ltd. Vs. Election Commission of India and others), suspended the above mentioned provisions of Rule 7(3) of the Cable Television Network (Regulation) Rules, 1994; and 4. Whereas the Hon'ble Supreme court, by its interim order dated 2-4-2004. in SLP (Civil) No.6679/2004 (Ministry of Information & Broadcasting Vs M/s Gemini TV and Others), in substitution of the order under challenge, had directed as below: (i)

No cable operator or TV channel shall telecast any advertisement, which does not conform to the law of the country and which offends the morality, decency and susceptibility of views or which is shocking, disgusting and revolting;

(ii)

The telecast shall be monitored by the Election Commissioner of India; 443

(iii)

The question as to whether the expenditure incurred by the candidate on inserting such advertisement should or should not be included, shall be considered on 5th April, 2004; and

(iv)

The modalities whether such advertisements are in conformity with law, shall be laid down by the Election Commissioner of India.

5. Whereas, The Hon'ble Supreme Court of India by its further order dated 13th April. 2004, in SLP (Civil) No. 6679/2004 has directed as follows: “--- Before we pass the order, it will be worthwhile to notice certain provisions of the Cable Television Networks (Regulation) Act, 1995 [for short, "the Act"], as amended from time to time, and the Rules framed there under. The object of the Act is to regulate the operation of the cable television network in the country. Section 6 of the Act provides that no person shall transmit or retransmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code. Section 11 of the Act provides that if any authorized officer has reason to believe that the provisions of the Act have been or are being contravened by any cable operator, he may seize the equipment being used by such cable operator for operating the cable television network. Section 12 of the Act provides for confiscation of the equipment in the event of any violation of the provisions of the Act. Similarly, Section 13 of the Act also provides for seizure or confiscation of the equipment and punishment. Section 16 further provides for punishment for contravention of the provisions of the Act. Section 19 lays down that an authorized officer, if he thinks necessary or expedient so to do in the public interest, may, by order, prohibit any cable operator from transmitting or re-transmitting any advertisement which is not in conformity with the prescribed programme code and advertisement code and it is likely to promote enmity on grounds of religion, race, language, caste or community or any other grounds whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religion, racial, linguistic or regional groups or castes or communities or which is likely to disturb public tranquility. Section 22 of the Act empowers the Central Government to frame Rules to carry out the provisions of Act. The Central Government in exercise of the powers conferred on it by Section 22 of the Act is empowered to make Rules which arc known as The Cable Television Networks Rules, 1994 [for short, "the Rules”]. Rule 7 of the Rules provides that where an advertisement is carried in the cable service it shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers. Subrule (2), inter alia, provides that no advertisement shall be permitted which derides any race, caste, colour, creed and nationality, is against any provision of the Constitution of India and tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way. Sub-rule (3) further provides that no advertisement shall be permitted the objects whereof are wholly or mainly of religious or political nature, advertisements must not be 444

directed towards any religious or political end. It is in this background, we now propose to pass the following order: Every registered National and State, political party and every contesting candidate proposing to issue advertisement on television channel and/or cable network will have to apply to the Election Commission/Designated Officer (as designated by the Election Commission) not later than three days prior to the date of the proposed commencement of the telecast of such advertisement. In case of any other person or unregistered political parties, they will have to apply not later than seven days prior to the date of the telecast. Such application shall be accompanied by two copies of the proposed advertisement in electronic form along with a duly attested transcript thereof. In case of first phase of elections, the application shall be disposed of within two days of its receipt and until decision thereon is taken, our order dated 2nd April, 2004, shall apply. In case of subsequent phase of election, the application shall be disposed of within three days of its receipt and until the decision thereon is taken, our order dated 2nd April, 2004, shall apply. While disposing of such applications, it will be open to the Election Commission/Designated Officer to direct deletion/modification of any part of the advertisement. The application for certification shall contain following details: (a) The cost of production of the advertisement; (b) The approximate cost of proposed telecast of such advertisement on a television channel or cable network with the break-up of number of insertions and rate proposed to be charged for each such insertion; (c) It shall also contain a statement whether the advertisement inserted is for the benefit of the prospects of the election of a candidate(s)/parties; (d) If the advertisement is issued by any person other than a political party or a candidate, that person shall state on oath that it is not for the benefit of the political party or a candidate and that the said advertisement has not been sponsored or commissioned or paid for by any political party or a candidate; and (e) A statement that all the payments shall be made by way of cheque or demand draft. We find that Section 2(a) of the Act defines "authorized officer", within his local limits of jurisdiction, as (a) District Magistrate; (b) Subdivisional Magistrate; or (c) or Commissioner of Police. Similarly, Section 28A of the Representation of People Act, 1951 provides that the Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other officer appointed under this part and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such 445

election and ending with the date of declaration of results of such election and, accordingly, such officer shall during that period, be subject to the control, superintendence and discipline of the Election Commission. Since it is not physically possible for the Election Commission to have a pre-censorship of all the advertisements on various cable networks and television channels, it has become necessary to authorize the Election Commission to delegate its powers in this behalf to the respective District Magistrates of all the States or Union Territories, not below the rank of a Sub-divisional Magistrate or a member of the State Provincial Civil Service. This may be done by a general order issued by the Election Commission. These officers shall act under the control, superintendence and discipline of the Election Commission. The Election Commission in its turn may delegate its powers to the Chief Electoral Officer of each State or the Union Territories, as the case may be. The Chief Electoral Officer of each State or Union Territory may appoint a committee for entertaining complaints or grievances of any political party or candidate or any other person in regard to the decision to grant or to refuse certification of an advertisement. The committee so appointed shall communicate its decision to the Election Commission. The committee so constituted will function under the overall superintendence, direction and control of the Election Commission of India. The decision given by the committee shall be binding and complied with by the political parties, candidates, or any other person applying for advertisements in electronic media subject to what has been state above. The comments and observations for deletion or modification, as the case may be, made, shall be binding and complied with by the concerned political party or contesting candidate or any other person within twenty four hours from the receipt of such communication and the advertisement so modified will be re-submitted for review and certification. We may clarify that provisions of Section 126 of the Representation of People Act, 1951, shall apply to the advertisement covered by this order. If any political party, candidate or any other person is aggrieved by the decision taken either by the committee or by the Designated Officer/Election Commission it will be open for them to approach only this court for clarification or appropriate orders and no other court, tribunal or authority shall entertain any petition in regard to the complaint against such advertisement. This order shall come into force with effect from 16 th April, 2004 and shall continue to be in force till 10th May, 2004. This order is being issued in exercise of the powers under Article 142 of the Constitution of India and it shall bind all the political parties, candidates, persons, group of persons or Trusts who propose to insert the advertisement in the electronic media, including cable network and/or television channels as well as cable operators. 446

It will be open to the Election Commission to requisition such staff as may be necessary for monitoring the telecast of such advertisements. Where the Election Commission is satisfied that there is a violation of this order or any provisions of the Act, it will issue an order to the violator to forthwith stop such violations and it will also be open to direct seizure of the equipments. Every order shall be promptly complied with by the person(s) on whom such order is served. The funds to meet the cost of monitoring the advertisements should be made available to the Election Commission by the Union of India. Adequate publicity of this order shall be given by the Union of India on the electronic media and through print media. This order is in continuation of the order passed by this Court on 2 April, 2004 and shall remain in operation as an interim measure till 10 th May, 2004. n

Subject to the aforesaid order, the judgment of the High Court of Andhra Pradesh dated 23 rd March 2004 shall remain stayed. This order is passed not in derogation of but in addition to the powers of the Central Government in regard to the breach of the provisions of the Act." 6. Now therefore, in pursuance of the aforesaid directions of the Hon'ble Supreme Court, the Election Commission hereby directs as follows: (i)

The Chief Electoral Officer Delhi is hereby directed to constitute a Committee comprising the following persons to deal with the applications by the political parties and organizations mentioned in para (ii) herein below:a)The Joint Chief Electoral officer - Chairperson. b)Returning Officer of an> Parliamentary Constituency in Delhi. c)One expert being an officer not below the rank of Class-1 officer to be requisitioned from the Ministry of Information & Broadcasting.

(ii)

The above Committee will entertain applications for certification of any advertisement to be inserted in a television channel or cable network by the following:a)All registered political parties having their headquarters in NCT of Delhi. b)All groups or organizations or associations or persons having their headquarters in NCT of Delhi.

(iii) The Chief Electoral Officer of even- other State/Union Territory is hereby directed to constitute the following Committee to deal with applications by political parties and organizations mentioned in para (iv) below:a) The Additional, Joint Chief Electoral Officer - Chairperson. b) Returning Officer of any Parliamentary constituency located in the capital of the State. 447

c) One expert being an officer not below the rank of Class-1 officer to be requisitioned from the Ministry of Information & Broadcasting. (iv) The Committee constituted in para (iii) above will entertain applications for certification for advertisement on television channel and cable network by the following:(a)All registered political parties having their headquarters in that State /Union Territory, (b)All organisations or group of persons or associations having their registered offices in that State/Union Territory. (v) The Returning Officer of every Parliamentary constituency in the country are hereby declared as Designated Officers for the purpose of entertaining application for certification of an advertisement proposed to be issued on cable network or television channel by an individual candidate contesting the election from the Parliamentary' constituency of which such Designated Officer is the Returning Officer and candidates contesting in the Assembly constituencies falling within that Parliamentary constituency. The said Returning Officer may co-opt any of the Assistant Returning Officers, not below the rank of a Sub-divisional Magistrate belonging to the State Provincial Civil Service to assist him in the task of certification of applications. 7. The Chief Electoral Officer of every State/Union Territory will constitute the following Committee to entertain complaints/grievances of any political party or candidate or any other person in regard to the decision to grant or refuse certification of an advertisement:(i) (ii) (iii)

The Chief Electoral Officer Chairperson. Any Observer appointed by the Election Commission of India One expert to be co-opted by the Committee other than the one mentioned in paras 6 (i) and 6 (iii) above.

8. The applications for certification of any advertisements by every registered political parties and every contesting candidates shall be made to the Committees mentioned in paras 6 (i) and 6 (iii) above or the Designated Officer as mentioned in para 6 (iv) above, as the case may be, not later than 3 (three) days prior to the date of the commencement of the telecast of such advertisements. In the case of first phase of elections such applications shall be disposed of within 2 (two) days of its receipt and until decision thereon is taken, the order of the Supreme Court dated 2-4-2004 shall apply. 9. Where an application for certification of advertisement is by any other person or unregistered political parties, it will have to be made not later than 7 (seven) days prior to the date of telecast. 10. Every such application, in the format prescribed at Annexure A, shall be accompanied by the following: (i)

Two copies of the proposed advertisement in the electronic form along with a duly attested transcript thereof,

(ii)

The application for certification shall contain following details:448

a) The cost of production of the advertisement: b) The approximate cost of proposed telecast of such advertisement on a television channel or cable network with the break-up of number of insertions and rate proposed to be charged for each such insertion: c) It shall also contain a statement whether the advertisement inserted is for the benefit of the prospects of the election of a candidate(s)/parties; d) If the advertisement is issued by any person other than a political party or a candidate, that person shall state on oath that it is not for the benefit of the political party or a candidate and that the said advertisement has not been sponsored or commissioned or paid for by any political party or a candidate: e) A statement that all the payment shall be made by way of cheque or demand draft. 11. While taking a decision on the applications for certification of an advertisement, it will be open for the Committees constituted in para 6 (i) and 6 (iii) above or the Designated Officer as in para 6 (v) above or the review Committee as constituted in para 7 above to direct deletion/modification of any part of the advertisement. Every such order making comments and observation for deletion and modification shall be binding and be complied by the concerned political party or contesting candidate or any other person within 24 hours from the receipt of such communication. The advertisement so modified will be re-submitted for review and certification. 12. Where the Committees constituted in para 6 (i) and 6 (iii) above or the Designated Officer or the review Committee as constituted in para 7 above as the case may be, is satisfied that the advertisement meets the requirements of the law and in accordance with the directions of the Supreme Court as inserted in paras 4 and 5 above, it should issue a certificate to the effect of the advertisement concerned is fit for telecast. The format for the certificate is at Annexure B. 13. The directions contained in the order dated 1 3 t h April 2004 by Supreme Court shall be strictly complied with by everyone concerned and will remain in operation t i l l 10th May 2004 and it shall bind all the political parties, candidates, persons, group of persons or Trusts who propose to insert the advertisements in the electronic media, including the cable networks and/or television channels as well as cable operators. Annexure - A APPLICATION FOR CERTIFICATION OF ADVERTISEMENT I. (i) (ii)

Name and full address of the applicant Whether the advertisement is by a political party / contesting candidate any other person / group of persons association / organization / Trust (give the name)

449

( ii i)

(a) In case of political party, the status of the party (whether recognized National/ State / unrecognized party) (b)

In case of a candidate, name of the Parliamentary Assembly Constituency from where contesting

(iv)

Address of Headquarters of political party / group or body of persons / association/ organization / Trust

(v)

Channels / cable networks on which the advertisement is proposed to be telecast

(vi)

(a) Is the advertisement for the benefit of pr ospe cts of el ec ti on of an y candidate(s) (b)

(vii)

If so, give the name(s) of such candidate(s) with full address and name(s) of constituency(ies)

Date of submission of the advertisement

( v i i i ) Language(s) used in the advertisement (advertisement is to be submitted with two copies in electronic form alongwith a duly attested transcript) (ix)

Title of advertisement

(x)

Cost of production of the advertisement

(xi)

Approximate cost of proposed telecast with the breakup of number of insertions and rate proposed for each such insertion

(xii)

Total expenditure involved (in Rupees)

II. I, Shri / Smt._____________________. S/o / D/o / W/o _____________________________________, (full address) _____________________________________, undertake that all payments related to the production and telecast of this advertisement will be made by way of cheque / demand draft. 450

Place: Date:

Signature of the applicant

III. (Applicable for advertisement by a person / persons, other than a political party or a candidate) I, Shri / Smt.

. S/o / D/o / W/o .___ (full address) ________________________hereby state and affirm that the advertisement(s) submitted herewith is not for the benefit of any political party or any candidate and that this advertisement(s) has / have not been sponsored / commissioned or paid for by any political party or a candidate. Place: applicant Date:

Signature

of

Annexure - B CERTIFICATION OF ADVERTISEMENT FOR TELECAST I. (i)

Name and address of the applicant / political party / candidate ' person / group of persons / association; organization/ Trust

(ii)

Title of advertisement

(iii)

Duration of advertisement

(iv)

Language(s) used in advertisement

(v)

Date of submission of advertisement

(vi)

Date of certification for telecast

II. Certified that the above advertisement is fit for telecast as per the guidelines prescribed by the Hon'ble Supreme Court of India.

451

Signature of chairperson / members of committee / Designated Officer ______________________ ______________________ ______________________ Place: Date:

452

ITEM NO. 202 Election Commission's letter No. PS/AK/2005, dated 06.09.2005. addressed to the Chief Electoral Officers, Bihar [Please also see Commission's letters No.PS/AK/2005, dated 10.09.2005 (Item No.204), 13.10.2005 (Item No.206) and 15.10.2005 (Item No.208) for further instructions on the subject]. Subject :

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over

The Commission has been issuing instructions from time to time to ensure free and fair elections. It has come to the notice of the Commission that some political functionaries who have been provided security by the State try to wield undue influence on some sections of the electorate at the time of elections.

Considering this the

Commission issues following instructions.

All DEOs and SPs shall ensure that all those political functionaries who have been provided security by the State shall not be allowed to remain present in the constituencies in which they are not electors after the period of campaigning is over. They shall also restrict the movements of such political functionaries in the constituency in which they are bonafide electors on the day of poll before and after casting their votes.

These instructions may be brought to the notice of all DEOs, SPs and Observers for strict compliance.

453

ITEM NO. 203 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Violation of the secrecy of vote by political functionaries

It has been brought to the notice of the Commission that certain political functionaries, in the past, have violated the secrecy of vote at elections from Parliamentary and Assembly Constituencies either by displaying their vote to media or to other individuals accompanying them. This act on their part is a clear violation of not only the principle of secrecy of vote which is sacrosanct but also an infringement of statutory provisions of Section 132 A of the Representation of the People Act, 1951 and rules 39 and 49M of the Conduct of Election Rules, which provide for such votes not being allowed to be cast.

The Commission has considered the issue and feels that secrecy of vote should be maintained at all costs.

Section 128 of the Representation of the People Act, 1951

also prescribes in this behalf that:

“128. Maintenance of secrecy of voting - (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy. [Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council or States.]

454

(2)

Any person who contravenes the provision of sub-section (1) shall be

punishable with imprisonment for a term which may extend to three months or with fine or with both.”

The Commission has desired that the aforesaid provisions of Section 128 and 132A of the Representation of the People Act, 1951 and of rules 39 and 49M of the Conduct of Election Rules should be brought to the notice of all Presiding Officers during their training and they be asked to ensure that secrecy of vote is strictly maintained by each voter at the time of exercising his/her franchise.

They must ensure that no

additional person accompanies any elector at the time of his/her casting vote, in any case, except in the case of blind/infirm voters where they can take a companion to help them to cast their vote under Rule 49N of Conduct of Election Rule, 1961.

The Commission, in the interest of maintaining secrecy of vote, has further decided that no photography or video recording by media or any private person shall be allowed inside the polling stations.

Any violation of these instructions will be viewed very seriously and concerned Presiding Officer will be held responsible for any lapse in this regard.

Kindly communicate these instructions to all concerned District Election Officers, Returning Officers, Observers and recognized political parties.

455

ITEM NO. 204 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officers of Bihar, West Bengal, Uttaranchal and Haryana Subject :

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes.

All District Election Officers and Superintendents of Police shall ensure that all those political functionaries who have been provided security by the State shall not be allowed to remain present in the constituencies in which they are not electors after the period of campaigning is over and that they shall also restrict the movements of such political functionaries in the constituency in which they are bonafide electors on the day of poll before and after they cast their votes. These instructions shall, however, will not be applicable to the candidates. Kindly bring these instructions to the notice of all District Election Officers, Superintendents of Police and Observers for strict compliance. Copies of these instructions may also be given to all recognized political parties.

456

ITEM NO. 205 Election Commission's letter No.3/8/2005/JS-II, dated 26.09.2005 addressed to the Chief Secretaries/Chief Electoral Officers of all States and Union Territories Subject: Use of Loudspeakers for election campaigns - regarding. In pursuance of the Hon'ble Supreme Court's Orders dated 18-7-2005 in W.P. (C) No.72 of 1998 (Forum. Prevention of Environment and Sound Pollution Vs. UOI & Anr.), I am directed to state that para 3(I) of the Commission's instructions circulated in its letter No.3/8/2000/JS-II, dated 26th December, 2000, regarding use of loudspeakers for election campaign (reproduced at item No.95 of the Compendium of Instructions, 2004 edition)[now reproduced at item No.179 of the Compendium of Instructions, 2005], shall be substituted as under:"3(i) A public address system or loudspeaker or any sound amplifier, whether fitted on vehicles of any kind whatsoever, or in static position, used for public meetings for electioneering purposes, shall not be used at night between 10.00 p.m. and 6.00 a.m." 2. The above changes may be brought to the notice of the District Election Officers, Returning Officers and all other election related authorities for information and compliance. All national State Parties and recognized state parties may be informed about the abovementioned directions for compliance. In the case of Bihar where general election to the Legislative Assembly is now in progress, these instructions should be brought to the notice of all candidates, as well. 3.

Kindly acknowledge receipt of this letter

457

ITEM NO. 206 Election Commission's letter No. PS/AK/2005, dated 13.10.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes.

The Commission has been issuing instructions from time to time to ensure free and fair elections. It has come to the notice of the Commission that some political functionaries who have been provided security by the State try to wield undue influence on some sections of the electorate at the time of elections.

All District Election Officers and Superintendents of Police shall ensure that all those political functionaries who have been provided security by the State shall not be allowed to remain present in the constituencies in which they are not electors after the period of campaigning is over. They shall also restrict the movements of such political functionaries in the constituency in which they are bonafide electors on the day of poll before and after they caste their votes.

These instructions shall, however, not be applicable to the candidates. Kindly being these instructions to the notice of all District Election Officers, Superintendents of Police, Returning Officers and Observers for strict compliance.

Copies of these instructions may also be given to all recognized political parties.

458

ITEM NO. 207 Election Commission's letter No. PS/AK/2005, dated 15.10.2005. addressed to the Chief Secretary/Chief Electoral Officer/Director General of Police, Bihar Subject :

Instructions on restrictions on wireless sets provided by the State to the political functionaries or to the Security personnel accompanying them.

It has come to the notice of the Commission that in certain States wireless sets have been provided by the State to certain political functionaries or to the Security personnel who accompany them. It has also come to the notice of the Commission that some of these political functionaries misuse the wireless sets provided to them by the State Government for political purposes during elections.

The Commission has been issuing directions from time to time in the interest of free and fair elections.

After considering the above matter, the Commission issues

following further directions for strict compliance.

1.

The State Government shall withdraw wireless sets provided to all political functionaries, if any.

However, they shall not withdraw the wireless sets

provide to their Security personnel provided for security reasons & purposes.

2.

The wireless sets provided to Security Personnel attached to the political functionaries for security reasons & purposes shall not be utilized for passing any political messages. They shall be utilized strictly for security reasons & purposes of protection of the protectee.

459

ITEM NO. 208 Election Commission's letter No. PS/AK/2005, dated 15.10.2005 addressed to the Chief Electoral Officers, Bihar Subject :

Restriction on presence of the political functionaries, who have been provided security by the State, after the period of campaigning is over and on the day after they cast their votes.

Kindly

refer

to

my

letter

No.PS/AK/2005

dated

13.10.2005

regarding

Commission’s instructions for restricting the movement of those political functionaries who have been provided security by the State after the end of campaigning and on the date of poll. It is clarified that these instructions are not applicable to the candidates and their election agents. These instructions shall, however, not be applicable to the candidates. Kindly being these instructions to the notice of all District Election Officers, Superintendents of Police, Returning Officers and Observers for strict compliance.

Copies of these instructions may also be given to all recognized political parties.

460

ITEM NO.209 Election Commission’s D.O. No. 464/INST/2006/PLN-I, dated 09.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

Offences of Atrocities

I am directed to invite your attention to the provisions of Section 3 (i) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), reproduced below. “Offences of Atrocities 3. Punishments of offences of atrocities (1) Whoever, not being a member of Scheduled Caste or a Scheduled Tribe:-……….. ……..(vii)

forces or intimidates a member of a Scheduled Caste or a Scheduled

Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;………. ..……..Shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine”. The Commission has desired that these provisions of law may be brought to the notice of all election related & police authorities, political parties and members of public immediately.

The police officials may be directed to file FIRs whenever cases of

violation of the aforesaid provisions of law are observed or brought to their notice.

With regards,

461

ITEM NO.210 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 09.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Instructions on restrictions on wireless sets provided to political functionaries and to the Security personnel accompanying them

It has come to the notice of the Commission that in certain States/UTs wireless sets have been provided by the State to certain political functionaries or to the security personnel who accompany them. It has also come to the notice of the Commission that some of these political functionaries misuse the wireless sets provided to them by the State/UT Government for political purposes during elections. The Commission has been issuing directions from time to time in the interest of free and fair elections. After considering the above matter, the Commission issues following further directions for strict compliance. 1. After announcement of elections, concerned State/UT Government shall withdraw wireless sets provided to all political functionaries, if any. However, they shall not withdraw the wireless sets provide to their security personnel provided for security reasons & purposes. 2. The wireless sets provided to security personnel attached to the political functionaries for security reasons & purposes shall not be utilized for passing any political messages. They shall be utilized strictly for security reasons & purpose of protection of the protectee. With kind regards

462

ITEM NO.211 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, date 17.03.2006 addressed to the Chief Secretaries, Director Generals of Police and Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Instructions on restrictions on wireless sets provided to political functionaries and to the Security personnel accompanying them

It has come to the notice of the Commission that in certain States wireless sets have been provided by the State to certain political functionaries or to the Security personnel who accompany them. It has also come to the notice of the Commission that some of these political functionaries misuse the wireless sets provided to them by the State Government for political purposes during elections. The Commission has been issuing directions from time to time in the interest of free and fair elections. After considering the above matter, the Commission issues following further directions for strict compliance. 1.

The State Government shall withdraw wireless sets provided to all political functionaries, if any. However, they shall not withdraw the wireless sets provide to their Security personnel provided for security reasons & purposes.

2.

The wireless sets provided to Security Personnel attached to the political functionaries for security reasons & purposes shall not be utilized for passing any political messages. They shall be utilized strictly for security reasons & purposes of the protectee. With kind regards,

463

ITEM NO.212 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry

Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restriction on presence of the political functionaries who have been provided security by the State after the period of campaigning is over and on the day after they cast their votes

All District Election Officers and Superintendents of Police shall ensure that all those political functionaries who have been provided security by the State shall not be allowed to remain present in the constituencies in which they are not electors after the period of campaigning is over and that they shall also restrict the movements of such political functionaries in the constituency in which they are bonafide electors on the day of poll before and after they caste their votes. These instructions shall, however, will not be applicable to the candidates. Kindly bring these instructions to the notice of all District Election Officers, Superintendents of Police and Observers for strict compliance. Copies of these instructions may also be given to all recognized political parties. With kind regards,

464

ITEM NO.213 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restriction on presence of the political functionaries who have been provided security by the State after the period of campaigning is over and on the day after they cast their votes

The Commission has been issuing instructions from time to time to ensure free and fair elections. It has come to the notice of the Commission that some political functionaries who have been provided security by the State try to wield undue influence on some sections of the electorate at the time of elections. All District Election Officers and Superintendents of Police shall ensure that all those political functionaries who have been provided security by the State shall not be allowed to remain present in the constituencies in which they are not electors after the period of campaigning is over. They shall also restrict the movements of such political functionaries in the constituency in which they are bonafide electors on the day of poll before and after they caste their votes. These instructions shall, however, not be applicable to the candidates. Kindly being these instructions to the notice of all District Election Officers, Superintendents of Police, Returning Officers and Observers for strict compliance. Copies of these instructions may also be given to all recognized political parties. With kind regards,

465

ITEM NO.214 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Restriction on number of vehicles used for campaign purpose without proper authorization/permit or failing to display the vehicle permits

During last few elections it has come to the notice of the Commission that sometimes candidates and political parties use vehicles for campaign purpose without getting proper authorization / permit from Returning Officers. It has been further noticed that some of the candidates fail to display the permits issued on the windscreen of the vehicles. To avoid recurrence of such practices in the forthcoming elections, all concerned may be directed to ensure that vehicles for the campaign purpose may ply only with the prior approval of the Returning Officer and display the permit issued prominently on the windscreen. Permit issued should be of sufficient dimension so that it could be seen from a distance. The permit must bear the number of the vehicle and name of the candidate in whose favour it is issued. In past, the Commission has also noticed the tendencies on part of candidates and political parties to take photocopies of the permits issued and misuse them. This tendency should be curbed. A list of permits issued to various candidates for plying vehicles for campaign purpose should be given to all observers and updated on daily basis. The

responsibility

for

enforcing

these

instructions

shall

lie

with

the

Superintendent of Police of the concerned District and Returning Officer of the A.C. Please bring these instructions to the notice of all DEOs, ROs, SPs, Candidates, Political Parties and Observers. With kind regards,

466

ITEM NO.215 Election Commission’s letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Permits for vehicles - regarding

The Commission has desired that vehicle permits may be issued to leaders of recognized national and state political parties and leaders of registered un-recognized political parties (whose travel expenses are exempt under Section 77 of Representation of People Act) by name as per the following format:General Election to the Legislative Assembly of ________________, 2006 S. No. of Permit

:

Name of Political Party

:

Name of Leader

:

Note: 1. This vehicle permit is valid only for the vehicle in which leader himself is travelling for the purpose of General Election to ______ Legislative Assembly of______________, 2006. 2. The leader in whose name this permit is issued shall ensure that this permit is not misused by any other functionary. Responsibility for misuse shall lie with the leader in whose name this permit is issued.

Kindly take necessary action for issuing these permits to leaders of various political parties whose names have been furnished to you within the period prescribed under Explanation 2 under Section 77(1) of the Representation of People Act. These permits may be laminated and handed over to the President/Secretary of the concerned party under proper acknowledgment.

467

COUNTING OF VOTES

468

ITEM NO. 216 Election Commission's Letter No.470/94/Vol.II/JS-I I dated 29.12.1994 addressed to the Chief Electoral Officers of all States (Except Andhra Pradesh, Goa, Karnataka and Sikkim) and Union Territories. Subject: Counting of votes of one Assembly Constituency at different places in same premises - regarding I am directed to forward herewith a copy of the Commission's message No. 470/94/JS-II, dated 08.12.1994 on the subject cited addressed to the Chief Electoral Officers of Andhra Pradesh, Goa, Karnataka and Sikkim. The contents of the message cited above may be brought to the notice of all the returning officers. 2.

Kindly acknowledge receipt by an immediate message.

Copy of Election Commission Message No. 470/94/J.S.II Dated 8th December, 1994, addressed to the Chief Electoral Officers of (1) Andhra Pradesh, Hyderabad (2) Karnataka, Bangalore (3) Goa, Panaji (4) Sikkim, Gangtok Regarding counting of votes of one assembly constituency at different places in same premises(.) Para(.) Your attention is invited to instructions of counting of votes by mixing the ballot papers as contained in chapter XIV B of Handbook for Returning Officers 1994 edition and in Commission's letter No. 464/94 (INST)-Vol.II dated 29.03.1994 reproduced at pages 170 to 174 in the 1994 Compendium of additional and special instructions for ensuing clean election (.) para(.) Some doubts have been raised as to the procedure to be adopted when the votes of one assembly constituency are counted at different places(.) Following clarifications are given (.) Para (.) (One) All counting halls should be in the same premises and each counting hall should be under the charge of a separate officer who has already been notified by the commission as Assistant Returning Officer for the constituency (.) Counting in each hall should be done in respect of only those polling station which are specifically allocated to each such hall(.) para(.) (Two) Such polling station should not repeat not be allocated in consecutive serial order(.) They should be selected at random so that polling stations of a given area are taken up for counting not in one hall but in different counting halls to ensure that no trend of voting in a given area becomes known(.) Before the commencement of the counting (comma) all candidates/their agents present should be informed of the serial 469

numbers of the polling stations being taken up for counting in each hall(.) A notice to that effect will also be prominently displayed at each counting hall(.) Para(.) (Three)

Omitted

(Four) Along with the polled ballot boxes of the polling stations allocated to a particular counting hall (comma) all relevant forms like ballot paper account (form 16) (comma) paper seal account (comma) presiding officers diaries (comma) etc., relating to those polling stations shall also be handed over to the Assistant Returning Officer of the constituency who is put in charge of that counting hall(.) It shall be the duty of the Assistant Returning Officer to ensure that he has received all repeat all polled ballot boxes and the other records relating to polling stations allocated to that counting hall under his charge(.) para(.) (Five) It may be clearly understood that each of such different counting hall where the votes of one assembly constituency are counted the Assistant Returning Officer shall follow the procedure of entire counting prescribed(.) Para(.) (Six) First and second parts of final result sheet in form 20 appended to Conduct of Elections Rules 1961 printed at pages 435 to 436 (Annexure XLI) in the Handbook for Returning Officers (1994 edition) (comma) shall be filled separately by each Assistant Returning Officer in charge of each counting hall (.) After completing counting in each counting hall (comma) the result of voting prepared by each Assistant Returning Officer in charge of a counting hall shall be consolidated by Returning Officer in last part of form 20 as for a parliamentary constituency by adopting that form as follows(.) for quote(.) name of assembly constituency) unquote (.) in column one use the words quote(.) Name or number of counting hall(.) unquote(.) the heading in bracket(.) quote(.) for parliamentary constituency only(.) unquote(.) may be deleted(.) Para (.) Inform all Returning Officers accordingly who are counting votes in more than one hall (.) para (.) Acknowledge receipt by return fax message urgently.

470

ITEM NO. 217 Election Commissions Message No 470/96 J.S.-II dated 10.04.1996 addressed to the Chief Electoral Officer of all States and Union Territories Subject: COUNTING OF VOTES AT SIMULTANEOUS ELECTIONS DOUBTS HAVE ARISEN AS TO WHETHER ONLY 15 (FIFTEEN) COUNTING TABLES (APART FROM RETURNING OFFICER'S TABLE) ARE TO BE PROVIDED IN A COUNTING HALL AT A SIMULTANEOUS ELECTIONS OR 30 (THIRTY) COUNTING TABLES, I.E., 15 COUNTING TABLES FOR PARLIAMENTARY ELECTION AND 15 TABLES FOR ASSEMBLY ELECTION SEPARATELY (,) CAN BE PROVIDED IN A COUNTING HALL. IT IS CLARIFIED THAT NOT MORE THAN 15 (FIFTEEN) REPEAT 15 COUNTING TABLES (EXCLUDING RETURNING TABLE'S) ARE TO BE PROVIDED IN ANY COUNTING HALL EVEN AT A SIMULTANEOUS ELECTIONS (,) TO AVOID OVER-CROWDING AND ENSURE SMOOTH AND PEACEFUL COUNTING (.) (PARA) (.) IF (,) HOWEVER (,) MORE COUNTING TABLE ARE PROPOSED TO BE PROVIDED TO ACCELERATE COUNTING (,) COUNTING MAY BE DONE IN MORE THAN ONE HALL (.) EACH SUCH HALL SHOULD BE UNDER THE CHARGE OF AN ASSISTANT RETURNING OFFICER (.) ENDS (.)

471

ITEM NO. 218 Election Commission's letter No. 470/COUNT-INST/98/PLN-I dated 23.01.1998 addressed to CEOs of all States and UTs. Subject: General Elections, 1998 — Instructions for facilities at counting centres and management of the counting process I am directed to forward herewith a copy of the instructions for facilities at counting centres and management of the counting process and to sate that a copy of the said instructions be immediately made available to each DEO/RO for taking immediate action and strict compliance. A copy of the Instructions may also be made available to the Observers of the Commission appointed in the State. Kindly acknowledge receipt and confirm action taken. INSTRUCTIONS FOR FACILITIES AT COUNTING CENTRES AND MANAGEMENT OF THE COUNTING PROCESS 1.The law provides for counting of votes booth wise or by mixing of ballot papers. The Commission issues detailed instructions regarding the procedure to be adopted at the appropriate time. However, irrespective of the counting procedure selected, the counting arrangements and methodology will henceforth include the following. 2.A counting Hall means a separate room walled on all sides and preferably with separate exit and entry facilities. 3.Where pre-constructed separate rooms are not available but large rooms are proposed to be divided for creating Halls. Each part constituting a Hall will be separated by temporary partitions. These partitions will be of strong material, like, CGI Sheets, thick Wooden Boards or other similar material, but preferably the former only. Where the owners of the Buildings have objections to dig holes on the floor, a suitable rigid frame, with CGI sheets fixed on two sides, may be used. The point to be ensured is that after the necessary partitioning, each Hall is an independent room walled on all four sides. It should not only be not possible for persons to move out from a Hall without coming out of it, but it should be impossible to slip any materials from one Hall to the other through the partitions. On both sides of the partitions, guards should be posted to ensure that these are not disturbed. 4.Each Hall will have a distinct Number. 5.Each Hall, as defined earlier, will be used for counting for only one Assembly Segment or a part thereof at a given point of time. 6.Assembly Segments must be pre-allotted to Halls and this allotment made known to all concerned in advance. 7.If the total number of Halls is less than the total number of Assembly Segments for a Parliamentary Constituency, the sequence of counting will be as per the ascending order 472

of the AC Nos. Thus, if there are seven such AC Segments in a PC and only three Halls, then Segments with the three lowest serial numbers will be taken up for counting in the three Halls available. As soon as counting is completed in respect of one Assembly Segment in a particular Hall and after necessary clearance of the Hall, counting for the next AC pre-allotted to the Hall will be taken up therein. 8.Under no circumstances, more than one AC segment will be taken up for counting simultaneously, inside one Hall, and, under no circumstances, Ballot Boxes or Ballot Papers of more than one AC segment will be physically available for counting purposes inside one Hall at any time. 9.The Commission has already prescribed limits for the number of counting tables which can be placed inside a Hall. Important considerations for deciding on the number of counting tables would be the number of Polling Stations, size of the room, the number of counting agents, as per the number of candidates, and the total number of counting personnel proposed to be deployed and the security aspects. 10.While the upper limit of 15 tables cannot be relaxed under any circumstances, a lower actual limit may be fixed taking into account all relevant factors. 11.Where the size of the room is quite small, counting for an AC segment can be taken up in two Halls, each with eight tables - seven counting tables and one ARO-in-charge, in each of these two rooms or Halls. In such a case, the Polling Station numbers randomized may be pre-allotted to the two Halls (each room being one separate Hall), in advance. 12.Similarly, if the total numbers of electors in a segment is very large or, if for any other valid reason, the CEO, after personal assessment, decides to use two Halls for simultaneously counting of the votes in one AC segment, he may do so by giving specific approval to the RO in advance. In such a case, each such Hall can have a maximum of 15 tables. 13.In case or the cases covered under the two preceding paragraphs, the rounds will be numbered in one common sequence, but one Hall will be pre-allotted rounds with odd numbers and the other have rounds with even numbers. This will avoid confusion in the numbering of rounds and the compilation of data on the progress of counting. 14.The Commission has prescribed a format for essential information on counting centres and personal inspection by the Returning Officers. Observers of the Commission will undertake detailed inspection of counting centres during their first visit and ensure that the counting Halls have been planned as per the above instructions and ACs have been accordingly pre-allotted to each Hall. They will send a specific report on this to the Commission. They should also obtain relevant drawings of each counting centre and keep it as a part of the record for their final report. 15.The counting Halls, including partitions as planned, should be got ready at least three clear days ahead of the date of counting and a report sent by each RO to the CEO, and by the Observers to the Commission. CEOs shall send a consolidated report to the Commission. 473

16.CEOs, during their tours, will specifically review arrangements proposed and inspect as many counting centres as possible. 17.At each counting centre the Observer or group of Observers will be provided a separate room or cubicle with table/chairs, a telephone with STD and a fax attached to it. This will be reserved for the exclusive use of the Observers for their communication with the Commission, in strict confidentiality. 18.The number of this telephone will be obtained from the P & T authorities at least 15 days ahead of the date of counting and made known to the Commission. 19.The RO shall provide for a hotline, wherever possible, with CEO and one or more separate telephone line(s) 'with STD facilities to keep in touch with the CEO and the Commission. A Fax machine should invariably be available for use of the RO/ARO at each counting centre. This should have STD facilities. 20.Two separate small rooms or covered space will be provided for Communication Facilities for the Media. One of these will be for use by DD. AIR PIB and State I & PR Department. They may set up their own telephone, fax, data communication and other facilities therein. The other room will be set up with public telephones and a fax bureau. Both these will be provided by the P & T department for use, on payment basis. State Directors of l& PR Department will assess the needs by interacting with media representatives and coordinate with telecom department to facilitate setting up of these facilities. 21.DEOs and ROs will accordingly make detailed plans and ensure that the arrangements are in position well in time and at least 72 hours before start of counting. This will facilitate dry run of transmission of counting information and system checks by all concerned. 22.On the day of counting, when the counting is in progress, at the end of each round of counting, the concerned ARO will give an analysis of the votes polled in that round, to the Observer, in the Fast track and detailed track formats prescribed by the Commission. These shall be kept by the Observers in a folder and kept AC wise. Copies will be transmitted to the Commission immediately and directly by the Observers. 23.The ARO-in-charge or the RO, too, will separately and independently, through his own fax, send it to the CEO. Wherever hot lines are available with the CEO these will be utilised to orally confirm the contents of the fax message. Alternatively, the fast track data may be read out to the CEO on the hot line. CEOs would set up adequate number of fax lines with hunting line facility to receive the faxes. For this purpose, they can hire faxes or temporarily borrow fax machines from various government departments and corporations. The total number of such fax machines required, including a few in reserve, should be decided in advance and these should be positioned and tested at least 72 Hours before the start of counting. The CEOs will also have blank forms of fast track data to note down the round-wise data, if received orally on phone or hotline. 474

24.As soon as the result is declared the data as contained in Form 21 which is handed over to the winning candidate will be handed over to the Observer in a separate format as prescribed by the Commission for immediate communication to the Commission. 25.As per the above arrangements, the progress of every round, Assembly segmentwise, will be announced as soon as each round is complete, both as per the fast track information and the detailed track information as prescribed by the Commission. Similarly, the consolidated position of the PC by combining the position of the rounds of different ACs available from time to time should also be announced in the fast track and detailed track. These will be announced inside each Hall by the ARO in charge present inside. Immediately thereafter, this will be announced over the public address system, preferably from a centralised location where the announcement booth is located. The public announcements could be repeated at suitable intervals for the knowledge of the public that gather in good numbers outside the Counting Centres. 26.It is important that soon after the counting is finished, the fully reconciled counting data is tabulated and checked thoroughly before the result is formally declared. 27.The Observers will ensure that the Final Result Sheet in Form 20 is filled by the RO before he declares the result in Form 21 C and sends it to appropriate quarters. One copy each of the Forms 20, 21 C and 21 E duly filled in, will be collected by the Observers and attached with their reports on counting. 28.Similarly, a copy of the Index Card, duly filled in and checked for internal accuracy, will be handed over to the group of Observers after the counting is over. 29.The Observers can make out a joint report at the end of counting. On the day immediately following the counting, they will put together their reports, along with copies of Forms 20, 21 C and 21 E and a copy of the Index Card, and send them to the Commission. In case of fax transmission, the same Forms have been reformatted in A-4 size and these will be utilized for immediately faxing them to the Commission and the CEO. This should be done before the Observers leave the Constituency on completion of their duty. They will also ensure that the original Forms in two sets are dispatched by the RO through special messenger to the CEO. The CEO, in turn, will send one set for all Constituencies in his State, through a special messenger by flight, to the Commission. 30.The CEOs will keep in touch with the Zonal Secretaries on the progress of counting and the collection and dispatch of data in statutory forms as mentioned earlier.

475

ITEM NO. 219 Election Commission's letter No. 470/98/J.S.II, dated 16.02.1998 addressed to CEOs of all States and UTs. Subject: General Elections to the House of the People, 1998 - Place of CountingArrangements for Emergency Lights in and around the Counting Hall regarding I am directed to invite your attention to Para 14 of Notes on the first Report to be submitted by General Observers, as contained at page 46 of the "Guidelines For Observers" issued by the Commission, in connection with the General Elections, 1998,which inter-alia provides that General Observers will ensure that in all counting centres, there is stand by lighting facilities, in case of power break down at the counting centres, and that there are adequate arrangements for fire engines, fire extinguishers, etc. The Observers have also to see whether arrangements for generators, petromax lamps have been made. 2.In this connection, I am to state that the Commission has been receiving complaints from political parties, contesting candidates, etc. to the effect that, at certain elections in the past, some time lights had gone off suddenly during the process of counting of votes in the Counting Hall. In the absence of alternative arrangements for light in the Counting Hall, the smooth process of counting of votes was seriously interrupted. Such situation had prompted the contesting candidates or their counting agents and political parties to make complaints about the suspicion of irregularities and tampering of ballot papers, etc., when the lights were off. 3.The Commission has, therefore, directed that it must be ensured that foolproof effective alternative arrangements for lights are made in and around the Counting Halls, by providing standby Diesel Generator(s), Petromax Lamps or emergency lights, to provide instant light in the event of failure of regular electricity supply. Such Diesel Generators, Petromax Lamps, etc. should be kept all the time running/burning, as soon as the darkness starts to fall in the evening, and even during day time where the Counting Hall is not brightly lit, otherwise. 4.The above directions of the Commission may be brought to the notice of all District Election Officers / Returning Officers and other concerned authorities for their information and strict compliance.

476

ITEM NO. 220 Election Commission's letter No. 464/INST/98/PLN-I dated 17.02.1998 addressed to CEOs of all States and UTs. Subject: General Elections, 1998 — Clearance to start counting not necessary Directions

I am directed to invite your attention to the Commissioner's letter of even number dated 15-02-1998 on the subject cited and to state that in supersession of the instructions contained therein, the Commission hereby directs that the Returning Officers are not required to obtain any permission from the Commission to commence counting of votes unless there is a specific direction from the Commission not to commence the counting of votes of any particular constituency without prior approval of the Commission. The above may be brought to the notice of all the Returning Officers and Observers appointed by the Commission immediately.

477

ITEM NO. 221 Election Commission's letter No. 470/98-Judl-lI dated 26.11.1998 addressed to CEOs of M.R, Rajasthan and NCT of Delhi Subject: General Elections to the Legislative Assemblies of Rajasthan, Madhya Pradesh, Mizoram and National Capital territory of Delhi and Various bye elections scheduled to be held on 25.11.1998.-Counting of votes and declaration of results in the case of constituencies where Electronic Voting Machines have been used-Directions-regarding In continuation of Commission's letter No. 470/98-Jud-II dated 18.11.1998 on the subject cited, I am directed to say that the directions contained in para 2 of the aforesaid letter are not applicable in the case of constituencies where Electronic Voting Machines have been used. The Commission has therefore directed that in constituencies where Electronic Voting Machines have been used, no clearance from the Commission is required even when the margin of first two leading candidates is less than 1 % of the total valid votes polled by all candidates. This may brought to the notice of concerned Returning Officers immediately.

478

ITEM NO. 222 Election Commission letter No.470/99-PLN-I, dated 27.05.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Setting up of counting centres for the General Election, 1999 I am directed to invite your attention to the Commission's letters No. 470/97PLN.I dated 28th December, 1997 and No. 470/Count-Ins/98-PLN.I dated 23rd January, 1998 regarding setting up of counting centres and management of the counting process. The Commission has instructed therein that the verification/inspection of counting centres should be completed within 15 days of the dissolution of the House in case it is dissolved before the completion of its normal tenure. 2. It has been noticed in the past that the Commission's instructions requested to take immediate steps that the instructions are strictly followed, in particular it may be ensured thati) Each counting Hall will be used for counting for only one assembly segment or a part thereof at a given point of time. Not more than 15 tables will be used for counting. ii) Where the size of the room is quite small, counting for an assembly segment can be taken up in two Halls, each with eight tables-seven counting tables and one for ARO-in charge. iii) Information sheet on counting centres should be filled up properly. The Counting centres should be verified by the Returning Officer/District Election Officer personally and a certificate to this effect given in information sheet at the appropriate place. 3. The verification of the Counting centres may be completed immediately, if not already done. The information sheets on the counting centres may be forwarded to the Commission latest by 20th June, 1999 for approval. (These instructions were reiterated to the Chief Electoral Officers of Arunachal Pradesh and Maharashtra in connection with General Election State Legislative Assemblies of these States, 2004 as under vide Commission's letter No.470/2004/PLN-I, dated 1st September, 2004.) Subject: General Election to State Assemblies, 2004 - Setting of Counting Centres. I am directed to invite your attention to the Commission's letters No. 470/97-PLN.I dated 28th December, 1997 regarding setting up of counting centres. The Commission has instructed therein that the verification/inspection of counting centres should be completed within 15 days of the dissolution of the House, in case it is dissolved before the completion of its normal tenure. In view of this, you are requested

479

to take immediate steps that the instructions are strictly followed, in particular it may be ensured thati)

Each counting Hall will be used for counting of votes for only one assembly segment or a part thereof at a given point of time. Not more than 15 tables (including the table of Returning Officer) will be used for counting.

ii)

Where the size of the room is quite small, counting for an assembly segment can be taken up in two Halls within the restriction of 15 tables (, each with eight tables-seven counting tables and one for ARO-in charge. (including the table of Returning Officer and Assistant Returning Officer in charge).

iii)

Information sheet on counting centres should be filled up properly. The Counting centres should be verified by the Returning Officer/District Election Officer personally and a certificate to this effect given in information sheet at the appropriate place.

3. The verification of the counting centres may be completed immediately, if not already done. The proposals for counting centres may be forwarded to the Commission latest by 16.09.2004 for its for approval.

480

ITEM NO. 223 Election Commission letter No.470/99-PLN-I, dated 29.06.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Setting up of counting centres for the General Elections 1999 I am directed to invite your attention to the Commission's letter of even number dated 27th May, 1999 regarding setting up of counting centres for the ensuring general elections to Lok Sabha. This was by way of reiteration of detailed instruction issued in 1998. Your attention is further invited to para 12 of the instructions forwarded with the Commission's letter No.470/count-INST/98-PLN-I dated 23rd January, 1998 which is reproduced as under:"12. Similarly, if the total number of electors in a segment is very large or, if for any other valid reason, the CEO, after personal assessment, decides to use two halls for simultaneously counting of votes in one AC segment, he may do so by giving specific approval to the RO in advance. In such a case, each hall can have a maximum of 15 tables." It can be seen that the overall restriction for counting inside a single Hall is 15 tables and the restriction for maximum number of Halls in which one AC can be counted is two. Thus if for some reason a large AC is being counted in two standard Halls accommodating 15 tables each total tables in such a case for the AC can go up to 30. However, counting the same AC in more than one Hall should be considered personally scrutinize proposal of each counting centre very carefully and send formal proposals after taking all relevant factors into account.

481

ITEM NO. 224 Election Commission's Letter No. 470/2003/JS.II dated 25.11.2003 addressed to the Chief Electoral Officers of all States/UTs. Subject: Counting of Votes - Clarification I am directed to invite your attention to the instructions in Chapter XIV of the Handbook for Returning Officers (EVMs), regarding counting of votes. In paragraph 14.1 of the said chapter, it has been explained that rule 54A of the Conduct of Elections Rules, 1961, requires that votes received by post should be taken up for counting first. Clarification have been sought whether counting of votes polled at polling stations on EVMs may also be taken up alongwith the counting of postal ballots in order to save time and avoid delay in the declaration of result. It is clarified that it is not necessary to wait for the counting of postal ballots to be completed before counting the votes on the EVMs. Counting of votes received by post may be taken up at the time fixed for commencement of counting, and immediately thereafter, say, after a gap of 15 minutes or so, counting of votes on EVMs may be taken up. This may be brought to the notice of all Returning Officers.

482

ITEM NO. 225 Election Commission's letter No.470/2004-PLN-I, dated 22.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: General Elections 2004 - Setting up of counting centers I am directed to invite your attention to the Commission's letter No.470/97-PLN-I dated 28th December, 1997 regarding setting up of a counting centers. The Commission has instructed therein that the verification/inspection of counting centers should be completed within 15 days of the dissolution of the House, in case it is dissolved before the completion of normal tenure. In view of this, you are requested to take immediate steps that the instructions are strictly followed, in particular it may be ensured that i)

each counting Hall will be used for counting of votes for only one assembly segment or a part thereof at a given point of time. Not more than 15 Tables (including the table of Returning Officer) will be used for counting.

ii)

Where the size of the room is quite small, counting for an assembly segment can be taken up in two halls within the restriction of 15 tables (including the table Returning Officer and Assistant Returning Officer in charge).

iii)

Information sheet on counting centers should be filled up properly. The counting centers should be verified by the Returning Officer/District Election Officer personally and a certificate in this effect given in information sheet at the appropriate place.

2. The verification of the counting centers may be completed immediately, if not already done. The proposals for counting centers may be forwarded to the Commission latest by 31st March, 2004 for its approval.

483

ITEM NO. 226 Election Commission’s letter No.470/2004/PLN-I, dated 06.04.2004 addressed to the Chief Electoral Officer of All States & Union Territories. Subject: - General Elections, 2004-Facilities at counting centres and management of the counting process. I am directed to forward herewith a set of instructions for facilities at counting centres and management of the counting process and request you kindly to instruct the Returning Officers and other concerned Officers to follow the guidelines and directions prescribed therein. 2.

Kindly acknowledge the receipt of the letter along with its enclosures INSTRUCTIONS FOR FACILITIES AT COUNTING CENTRES AND MANAGEMENT OF THE COUNTING PROCESS 3. The Commission has decided to use Electronic Voting Machines in all polling stations for recording of votes. The counting of votes will be done polling station wise. 4. A Counting Centre means a place where counting of votes will be done and may have one or more Counting Halls. 5. A Counting Hall means a separate room walled on all sides and preferably with separate exit and entry facilities. 6. Where pre-constructed separate rooms are not available but large rooms are proposed to be divided for creating Halls, each part constituting a Hall will be separated by temporary partitions. These partitions will be of strong material, like, CGI Sheets, thick Wooden Boards or other similar material, but preferably CGI sheets only. Where the owners of the Building have objections to dig holes on the floor, a suitable rigid frame, with CGI Sheets fixed on two sides, may be used. The point to be ensured is that after the necessary partitioning, each Hall is an independent room walled on all four sides. It should not only be not possible for persons to move out from a Hall without coming out of it, but it should be impossible to slip any materials from one Hall to other through the partitions. On both sides of the partitions, guards should be posted to ensure that these are not disturbed. 7. Each Counting Centre will have a distinct number and within each Counting Centre each Hall will have a distinct number. 8. Each Hall, as defined earlier, will be used for counting for only one Assembly Segment at a given point of time. The counting of one assembly segment can be taken up in maximum of two Halls provided that in one hall the physical distribution of space does not allow placing of more than 8 tables (including the table of the RO/ARO). In cases where the size of the 484

electorate in an Assembly segment is unusually large a maximum of 15 tables each can be put in two Halls for that Assembly segment. All such cases will be personally scrutinized by the DEO and the Observers after taking into account all relevant factors such as number of candidates, number of counting agents etc. 9. In cases where two Halls are being used to count an Assembly segment the Polling Station numbers will be randomized and preallotted to the two Halls (each room being one separate Hall) in advance. 10. Assembly Segments must be pre-allotted to Halls and this allotment made known to all concerned in advance. 11. If the total number of Halls is less than the total number of Assembly Segments for a Parliamentary Constituency, the sequence of counting will be as per the ascending AC Numbers. Thus, if there are seven such AC Segments in a PC and only three Halls, then Segments with the three lowest serial numbers will be taken up for counting in the three Halls available. As soon as counting is completed in respect of one Assembly Segment in a particular Hall and after necessary clearance of the Hall, counting for the next AC pre-allotted to the Hall will be taken up therein. 12. Under no circumstances, more than one AC segment will be taken up for counting simultaneously, inside one Hall, and, under no circumstances, Electronic Voting Machines (or Ballot Papers) of more than one AC segment will be physically available for counting purposes inside one Hall at any time. 13. The Commission has already prescribed limits for the number of counting tables, which can be placed inside a Hall. Important considerations for deciding on the number of counting tables would be the number of Polling Stations, size of the room, the number of counting agents, as per the number of candidates, and the total number of counting personnel proposed to be deployed and the security aspects. 14. The upper limit of 15 tables (including the Table of Returning Officer) in a counting Hall will not be increased under any circumstances. A lower actual limit may be fixed taking into account all relevant factors. 15. The Commission has prescribed a format for essential information on counting centres and personal inspection by the Returning Officers. Observers of the Commission will undertake detailed inspection of counting centres during their visit and ensure that the counting Halls have been planned as per the above instructions and Assembly segments have been accordingly pre-allotted to each Hall. They will send a specific report on this to the Commission. They should also obtain relevant drawings of each counting centres and keep it as a part of the record for their final report. 485

16. The Counting Halls, including partitions as planned, should be got ready at least three clear days, ahead of the date of counting and a report sent by each RO to the CEO, and by the Observers to the Commission. CEOs shall send a consolidated report to the Commission. These rooms should be located in a manner that the smooth flow of polled EVMs and other papers to and from the strong room are not interrupted by the presence of non-officials and media persons. 17. CEOs, during their tours, will specifically review arrangements proposed and inspect as many counting centres as possible. 18. At each counting centre the Observer or group of Observers will be provided a separate room or cubicle with table/chairs, a telephone with STD and a fax attached to it. This will be reserved for the exclusive use of the Observers for their communication with the Commission, in strict confidentiality. 19. The number of this telephone will be obtained from the Telephone authorities at least 15 days ahead of the counting and made known to the Commission. 20. The RO shall provide a hotline, wherever possible, with CEO and one or more separate telephone line(s) with STD facilities to keep in touch with the CEO and the Commission. A Fax machine should invariably be available for use of the RO/ARO at each counting centres. 21. Two separate small rooms or covered space will be provided for communication facilities for the Media. One of these will be for use by DD, AIR, PIB and State I & PR Department. They may set up their own telephone, fax, data communication and other facilities therein. The other room will be set up with public telephones and a fax bureau. Both these will be provided by the P & T department for use, on payment basis. State Directors of I & PR Department will assess the needs by interacting with media representatives and coordinate with telecom department to facilitate setting up of these facilities. 22. The media room should be set up some distance away from the main Counting Hall. In case of any Parliamentary or Assembly Constituencies being counted in one Counting Centre with multiple Counting Halls, the media passes will be issued "Counting Centre- wise" and not "Counting Hall-wise". 23. DEOs and ROs will accordingly make detailed plans and ensure that the arrangements are in position well in time and at least 72 hours before start of counting. This will facilitate dry run of transmission of counting information and system checks by all concerned. 24. On the day of counting, when the counting is in progress, at the end of the each round of counting, the concerned ARO will give an analysis of the votes polled in that round to the Observer. These shall be kept by the Observers in a folder and kept AC wise. 486

25. The Commission has issued detailed instructions on the flow of data through GENESYS. These instructions are to be followed scrupulously by all Returning Officers. 26. In addition the ARO-in-charge or the RO, too, will separately and independently through his own fax, send round-wise data to the CEO. Wherever hot lines are available with the CEO, these will be utilised to orally confirm the contents of the fax message. Alternatively, the fast track data may be read out to the CEO on the hot line. CEOs would set up adequate number of fax lines with hunting line facility to receive the faxes. For this purpose, they can hire faxes or temporarily borrow fax machines from various government departments and corporations. The total number of such fax machines required, including a few in reserves, should be decided in advance and these should be positioned and tested at least 72 hours before the start of counting. The CEOs will also have blank forms of fast track data to note down the round wise data, if received orally on phone or hotline. 27. As soon as the result is declared the data as contained in Form 21, which is handed over to, the winning candidate will be handed over to the Observer in a separate format as prescribed by the Commission for immediate communication to the Communication. 28. As per the above arrangements, the progress of every round, Assembly segment-wise, will be announced as soon as each round is complete. Similarly, the consolidated position of the PC by combining the position of the rounds of different ACs available from time to time should also be announced. These will be announced inside each Hall by the ARO in charge present inside. Immediately thereafter this will be announced over the public address system, preferably from a centralised location where the public announcement booth is located. The public announcements could be repeated at suitable intervals for the knowledge of the public that gather in good number outside the Counting Centres. 29. It is important that soon after the counting is finished, the fully reconciled counting data is tabulated and checked thoroughly before the result is formally declared. 30. The Observers will ensure that the Final Result Sheet in form 20 A is filled by the RO before he declares the result in Form 21 C and sends it to appropriate quarters. One copy each of the Forms 20A, 21C and 21E duly filled in will be collected by the Observers and attached with their reports on counting. 31. The Observers can make out a joint report at the end of counting. On the day immediately following the counting, they will put together their reports, along with copies of Forms 20A, 21 C and 21 E and send them to the Commission. This should be done before the Observers leave the Constituency on completion of their duty. They will also ensure that the original Forms in two sets are dispatched by the RO through special 487

messenger to the CEO. The CEO, in turn, will send one set for all Constituencies in his State, though a special messenger by flight, to the Commission. 32. The CEOs will keep in touch with the Zonal Secretaries on the progress of counting and the collection and dispatch of data in statutory forms as mentioned earlier.

488

ITEM NO. 227 Election Commissioner’s Letter No. 470/2004/JS-II, dated 09.05.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject:- General Election to the House of the People and General/Bye-elections to the State Legislative Assemblies - Counting of votes - Clarification. I am directed to invite your attention to the Commission's letter No. 470/99/JS-II (a), dated 24th September, 1999 and letter No. 470/2003/JS-II dated 25 th November, 2003. The clarification given vide these letters are explained in brief below:Counting of Votes at Assembly Elections As per rule 54A of the Conduct of Elections Rules 1961 votes received by post are to be taken up for counting first. As already clarified vide the letter dated 25th November. 2003. it is not necessary to wait for the counting of postal ballots to be completed before counting the votes on the EVMs. Counting of votes received by post may be taken up at the time fixed for commencement of counting, and immediately thereafter, say, after a gap of 15 minutes or so, counting of votes on EVMs may be taken up. Counting of Votes received by Post at election to the House of the People In paragraph 15 of Chapter XIV of the Handbook for Returning Officer (2004), it has been mentioned that the Returning Officer will take up counting of postal ballot papers after getting Form 20- Result Sheet in respect of the component assembly segments, duly completed by the Assistant Returning Officers. As already clarified earlier vide the letter dated 24th September, 1999, referred to above, the Returning Officer may take up counting of votes received by post before obtaining Form 20 - Result Sheet from the Assistant Returning Officers in respect of the component assembly segments, provided such counting is taken up only after the hour fixed for commencement of counting in the component assembly segments, and after giving due notice to the contesting candidates. It may also be noted that at elections where EVMs are used, it is not necessary to obtain clearance from the Commission for declaration of result on the 489

ground that the difference between the top two candidates is less than 1% of the total votes. The above clarifications may be conveyed to all Returning Officers, Election Observers and Other authorities concerned.

490

ITEM NO. 228 Election Commission’s letter No. 576/3/2004/JS-II, dated 20.08.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject:- General Elections to Lok Sabha and certain Legislative Assemblies, 2004- supply of results sheet to public. I am directed to state that sub-rule(2) of Rule 93 of the Conduct of Elections Rules, 1961, provides that the copies of papers relating to an election other than those mentioned in sub-rule (1) of that rule may be supplied on payment of fee for the purpose. It has been brought to the notice of the Commission that some of the Returning Officers/District Election Officers have refused to supply copies of result sheets in connection with the recent general elections.

In this connection, your attention is invited to para 9 of Chapter-XVIII of the Handbook for Returning Officers, 2004. The Commission has instructed therein that the result sheets in Form 20 may be supplied, if asked for by interested persons, on payment of fee as charged for supply of certified copies of other election records.

This may be brought to the notice of all the Returning Officers, District Election Officers etc. for their information and compliance.

Kindly acknowledge receipt.

491

ITEM NO. 229 Election Commission's letter No.470/2004/PLN-I, dated 01.09.2004 addressed to the Chief Electoral Officers of Arunachal Pradesh and Maharashtra Subject:

General Election to State Legislative Assemblies, 2004 - Setting of Counting Centres I am directed to invite your attention to the Commission's letter

No.470/97/PLN-I, dated 28th December, 1997 regarding setting up of counting centers. The Commission has instructed therein that the verification/inspection of counting centers should be completed within 15 days of the dissolution of the House, in case it is dissolved before the completion of normal tenure. In view of this, you are requested to take immediate steps that the instructions are strictly followed, in particular it may be ensured that i)

each counting hall will be used for counting of votes for only one assembly segment or a part thereof at a given point of time.

Not more than 15 Tables (including the table of

Returning Officer) will be used for counting. ii)

Where the size of room is quite small, counting for an assembly segment can be taken up in two Halls within the restriction of 15 tables (including the table of Returning Officer and Assistant Returning Officer in charge).

iii)

Information sheet on counting centers should be filled up properly.

The counting centers should be verified by the

Returning Officer/District Election Officer personally and a certificate in this effect given in information sheet at the appropriate place. 2.

The verification of the counting centers may be completed

immediately, if not, already done. The proposals for counting centers may be forwarded to the Commission latest by 16.09.2004 for its approval. 492

ITEM NO. 230 Election Commission’s letter No. 464/L&O/2/2005/PLN-I, dated 12.01.2005 addressed to the Chief Electoral Officers of Bihar, Jharkhand & Haryana Subject:

General Elections to State Legislative Assemblies, 2005 - Security Arrangements at Counting Centres I am directed to state that the State Government must ensure that

adequate and fool-proof security arrangements are made, both inside and around the counting centers as well, to prevent any incident that may vitiate the counting process.

While making arrangements for security around the counting centers,

there should be an outer security ring and an inner security in each of the counting centers. Special care must be taken to ensure that crowds are not allowed to collect and are kept at a reasonable distance from the counting centers. The receipt of this letter may kindly be acknowledged.

493

ITEM NO. 231 Election Commission's letter No. PS/AK/2005, dated 06.10.2005. addressed to the Chief Secretary/Chief Electoral Officer, Bihar

Sub:

General Election to the Legislative Assembly of Bihar, 2005 – Security Arrangements at Counting Centres. The Commission has directed me to request you to make adequate and foolproof

arrangements for the strong rooms and counting centers in order to prevent any untoward incident. While making arrangements for security for the counting centres, there should be an outer security ring and inner security ring in each of the centres. Special care must be taken to ensure that crowd are not allowed to collect and that they are kept at a reasonable distance from the strong rooms / counting centres. The receipt of this letter may kindly be acknowledged.

494

ITEM NO.232 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – SPECIAL INSTRUCTIONS FOR DECLARATION OF RESULTS

The Commission has decided that all Observers will keep a close watch on the process of counting of votes and compilation of results. Before result of the election is declared by the Returning Officer, he/she shall obtain an authorization for declaration of result from the concerned Observer. Every Observer shall completely satisfy himself/herself about the fairness of counting of votes and complete accuracy of compilation of results. After having done so, he/she shall issue an authorization to the concerned Returning Officer in the following format for declaration of result: “I, _____________________________, Observer (Code _________), for ____________ Assembly Constituency after having satisfied myself about the fairness of counting of votes and complete accuracy of compilation of result in Form-20, hereby authorize the Returning Officer for ____________ Assembly Constituency to declare the result.” Signature of the Observer ___________________ Name of the Observer _______________________ Code of the Observer _________________________ Assembly Constituency No. & Name _______________________ 2.

No Returning Officer shall declare the result without receiving the authorization in

the format as detailed in para 1 above from the Observer. It shall be the personal responsibility of the Observer and Returning Officer to ensure fairness of counting of votes and accurate compilation of results. 3.

A copy of authorization given by the Observer shall be sent to the Commission

alongwith his/her final report.

495

4.

These instructions may be communicated immediately to all District Election

Officers, Returning Officers, Observers and candidates. 5.

All District Election Officers shall confirm receipt of this letter and also of its

communication

to

all

Returning

Officers,

commencement of counting of votes. With regards,

496

Observers

and

candidates

before

MODEL CODE AND BAN ON TRANSFER

497

ITEM NO. 233

Election Commission's letter No. 437/6/93 RS. II, dated 31.12.1993, addressed to the (1) The Secretary to the Government of India Ministry of Civil Aviation and Tourism, Sardar Patel Bhawan, New Delhi (2) The Secretary, Railway Board, Rail Bhawan, New Delhi. Subject: General elections and bye-elections-special instruction to curb the misuse of free travel passes in the interest of free and fair elections. I am directed to state that instances have come to the notice of the Commission during the recently concluded general elections to the Legislative Assemblies of Himachal Pradesh, Madhya Pradesh, Mizoram, Rajasthan, Uttar Pradesh and National Capital Territory of Delhi where the free passes issued by the Railways and the Government Airlines have been misused to travel to and from the States/ constituencies/areas having the general elections. Issue of such passes enabled the holders to travel round the country free of cost and participate in election related activities and thus attempt to vitiate the holding of free and fair elections. 2.The Commission has decided that such activities should be stopped. Accordingly, the Commission has directed that in future no golden passes, free passes, confessional passes or any other types of passes be issued or allowed to be used for travel to and from the states/constituencies/area going to the polls during general elections/byeelections. This ban will apply from the date of announcement of the general election/bye-election till the declaration of results. 3.No one shall be exempted from the ambit of the aforesaid ban. The only exception will be in the case of tour operators and travel agents. 4.Suitable instructions in the matter may be issued to all concerned for strict adherence during all future general elections/bye-elections. A copy of the instruction issued may be endorsed to the Commission. Please acknowledge the receipt.

498

ITEM NO. 234 Election Commission's letter No. 437/6/ES023/94 MCS dated 04.10.1994, addressed to (1) the Chief Secretaries of all States/UTs. (2) The Chief Electoral Officers of all States/UTs. Subject:General Elections to the Legislative Assemblies, 1994 Clarifications regarding the conduct of candidates and political parties The Commission has announced the programme for general elections to constitute new legislative assemblies in the States of Andhra Pradesh, Goa, Karnataka and Sikkim on 27.9.1994. The Commission has also issued messages to the Chief Secretaries and CEOs of the above mentioned four States that subject to any orders of the Courts, all standing instructions of the Commission including but not restricted to - (1) payments from out of the discretionary fund, (2) Model Code of Conduct and (3) ban on transfer of officers connected with the elections have come into force from 27.9.1994. 2.Some doubts have been expressed and clarifications sought as to the application of the Model Code of Conduct to various activities being undertaken by the Governments of India/the States. 3.It is hereby clarified that it is not and it has never been the intention of the Commission that developmental activities of the implementation of welfare measures should come to a standstill when general elections are announced and the Model Code is brought into force. 4.What is prohibited under the Model Code is the announcement of new projects or programmes or concessions or financial grants in any form or promises thereof or laying of foundation stones, etc., which have the effect of influencing the voters in favour of the party in power. 5.These restrictions contained in part VII of the Model Code will apply equally to new schemes and also ongoing schemes. But it does not mean that in the case of national, regional and State utility schemes which have already been brought up to the stage of completion, their utilization or functioning in public interest should be stopped or delayed. The coming into force of the Model Code of Conduct cannot be given as an excuse for not commissioning such schemes or allowing them to remain idle. At the same time, it should be ensured that the commissioning of such schemes should be done without any fanfare or ceremonies whatever, so that no impression is given or created that such commissioning has been done with a view to influencing the electorate in favour of the ruling party. If, in doubt, a clarification should be obtained from Chief Electoral Officer/Election Commission of India. 6.The Commission has firmly rejected the view held in certain quarters that formal functions of 'dedication/inauguration' to celebrate completion of a work or to take up any work sanctioned earlier than the announcement of the General Elections/Bye499

elections will not constitute a violation of the Model Code in letter and spirit. They will be violations. 7.It is further clarified that simply because a budget provision has been made for any particular scheme or the scheme has been sanctioned earlier or a reference to the scheme was made in the address of the Governor or the budget speech of the Minister it does not automatically mean that such schemes can be announced or inaugurated or otherwise taken up after the announcement of elections without violating the Model Code, since they will clearly be intended to influence the voters. 8.The Commission would also like to dispel the misgivings in the minds of certain people that the Commission is standing in the way of developmental works, welfare, relief and rehabilitation measures and other schemes for public good. Such measures when undertaken after the announcement of the elections become suspect. But the Commission does not refuse approval for schemes undertaken for genuine public good and also for measure for providing relief to people suffering from drought, floods, pestilences or other natural calamities. In these matters also all ostentatious functions should be strictly avoided and no impression should be given or allowed to be created that such welfare measures or relief and rehabilitation works are being undertaken by the Government in office for the benefit of the people so as to influence the electors in favour of the party in power which at the same time will adversely affect the prospects of the other parties. 9.The Commission has drawn up a list of 'dos' and 'don'ts' to be followed by candidates and political parties after the announcement of elections and till the completion of the process of elections, which is enclosed as Annexure to this communication. The Commission has directed that this be given the widest possible publicity and its contents brought to the knowledge of all candidates and political parties including in the official language of the State. 10.It must be clearly brought to the notice of candidates and political parties that the list of Dos' and Don'ts' is only illustrative and not exhaustive and is not intended to substitute or modify other detailed directions/instructions on the above subjects, which must be strictly observed and followed. 11.Kindly acknowledge receipt.

ANNEXURE TO LETTER NO. 437/6/ESO23/94/MCS DATED 04.10.1994 DOS AND DON'TS FOR THE GUIDANCE OF THE CANDIDATES AND POLITICAL PARTIES TO BE OBSERVED FROM THE ANNOUNCEMENT OF AN ELECTION AND UNTIL THE COMPLETION OF THE PROCESS OF ELECTION DO'S' (1)Ongoing programmes may continue. 500

(2)The clarification/approval of the Election Commission of India/Chief Electoral Officer of your State should be obtained in case of doubt. (3)Relief and rehabilitation measures to the people in areas affected by floods, drought, pestilence, and other natural calamities, should commence and continue. (4)Grant of cash or medical facilities to terminally or critically ill persons can continue with appropriate approvals. (5)Public places like maidens must be available impartially to all parties/contesting candidates for holding election meetings. So also use of helipads must be available impartially to all parties/contesting candidates. (6)Rest houses, dak bungalows and other Government accommodation should be available to all political parties and contesting candidates on an equitable basis. (7)Criticism of other political parties and candidates should relate to their policies, programmes, past record and work. (8)The right of every individual for peaceful and undisturbed home life should be fully safeguarded. (9)The local police authorities should be fully informed of the venue and time of the proposed meetings well in time and all necessary permissions taken. (10)If there are any restrictive or prohibitory orders in force in the place of the proposed meeting, they shall be fully respected. Exemption, if necessary, must be applied for and obtained well in time. (11)Permission must be obtained for the use of loudspeakers or any other such facilities for the proposed meeting. (12)The assistance of the police should be obtained in dealing with persons disturbing meetings or otherwise creating disorder. (13)The time and place of the starting of any procession, the route to be followed and the time and place at which the procession will terminate should be settled in advance and advance permissions obtained from the police authorities. (14)The existence of any restrictive orders in force in the localities through which the procession has to pass should be ascertained and fully complied with. So also all traffic regulations and other restrictions. (15)The passage of the procession must be without hindrance to traffic. (16)Cooperation should be extended to all election officials at all times to ensure peaceful and orderly poll. (17)Badges or identity cards must be displayed by workers. (18)Identity slips issued to voters shall be on plain (white) paper and not contain any symbol, name of the candidate or name of the party. (19)Restrictions on plying of vehicles on poll day shall be fully obeyed.

501

(20)Only persons with a specific valid authority letter from the Election Commission can enter any polling booth at any time. No functionary however highly placed (e.g. Chief Minister, Minister, MP or MLA etc) is exempt from this. (21)Complaint or problem regarding the conduct of elections shall be brought to the notice of the observer appointed by the Commission/Returning Officer/Zonal/Sector Magistrate/Election Commission of India. (22)Directions/orders/instructions of the Election Commission, the Returning Officer, the District Election Officer shall be obeyed in all matters related to various aspects of election.

'DON'TS' (1) Do not make use of official vehicles or personnel or machinery for electioneering work. Official Vehicles' include (a) trucks, (b) lorries, (c) tempos, (d) jeeps, (e) cars, (f) auto-rickshaws, (g) buses, (h) aircraft's, (i) helicopters, (j) ships, (k) boats, (l) hovercrafts and all other vehicles belonging to the (1)Central Government. (2)State Government, (3)Public Undertakings of the Central and State Government, (4)Joint Sector Undertakings of Central Government and State Government, (5)Local Bodies, (6)Municipal Corporations, (7)Municipalities, (8)Marketing Boards, (by whatever name known) (9)Cooperative Societies, (10)Autonomous District Councils or (11)any other body in which public funds, howsoever small a portion of the total, are invested and also (12)those belonging to the Ministry of Defense and the Central Police Organizations under the Ministry of Home Affairs and State Governments. (2)Do not issue any advertisement at the cost of the public exchequer regarding achievements of the party/Government in power. (3)Announcements of any financial grants, laying of foundation stones, making promise of construction of new roads etc., shall not be made. (4)No ad-hoc appointments in Government/Public Undertakings shall be made. (5)No Minister shall enter any polling station or the place of counting unless he is a candidate or an authorized agent or as a voter only for voting. 502

(6)Official work should not at all be mixed with campaigning/electioneering. (7)No inducement, financial or otherwise, shall be offered to the voter. (8)Caste/communal feelings of the electors shall not be appealed to. (9)No activity which may aggravate existing differences or create mutual hatred or cause tension between different castes, communities or religious or linguistic groups shall be attempted. (10)No aspect of the private life, not connected with the public activities, of the leaders or workers of other parties shall be permitted to be criticized. (11)Other parties or their workers shall not be criticized based on unverified allegations or on distortions. (12)Temples, mosques, churches, gurudwaras or any place of worship shall not be used as places for election propaganda, including speeches, posters, music etc., on electioneering. (13)Activities which are corrupt practices or electoral offences such as bribery, undue influence, intimidation of voters, personating, canvassing within 100 meters of a polling station, holding of public meetings during the period of 48 hours ending with the hour fixed for the close of the poll and conveyance of voters to and from polling stations are prohibited. (14)Demonstrations or picketing before the houses of individuals by way of protesting against their opinion or activities shall not be resorted to. (15)No one can make use of any individual's land, building, compound wall etc. without his permission for erecting flag staffs, putting up banners, pasting notices or writing slogans, etc. This includes private and public premises. (16)No disturbances shall be created in public meetings or processions organised by other political parties or candidates. (17)Processions along places at which meetings are being held by another party shall not be undertaken. (18)Processionists shall not carry any articles which are capable of being misused as missiles or weapons. (19)Posters issued by other parties and candidates shall not be removed or defaced. (20)Posters, flags, symbols or any other propaganda material shall not be displayed in the place being used on the day of poll for distribution of identity slips or near polling booths. (21)Loudspeakers whether static or mounted on moving vehicles shall not be used either before 6 a.m. or after 10a.m. and without the prior written permission of the authorities concerned.

503

(22)Loudspeakers shall also not be used at public meetings and processions without the prior written permission of the authorities concerned. Normally, such meetings/processions will not be allowed to continue beyond 10.00 p.m. in the night and will be further subject to the local laws, local perceptions of the security arrangements of the area and other relevant considerations like weather conditions, festival season, examination period, etc. (23)No liquor should be distributed during elections. * * * NOTE The above list of Do's' and Don'ts' is only illustrative and not exhaustive and is not intended to substitute any other detailed orders, directions/instructions on the above subjects, which must be strictly observed and followed.

504

ITEM NO. 235 Election Commission's letter No. 437/6/95/MCS-Vol.I, dated 24.02.1995 Subject:

General Elections to the Legislative Assemblies, 1995 clarification regarding the restrictions of Model Code of Conduct and connected instructions

The Commission has issued several instructions for the conduct of free and fair elections. Standing instructions of the Commission including but not restricted to - (1) payments from out of the discretionary funds, (2) Model Code of Conduct and (3) Ban on Transfer of Officers connected with the election will come into force from the date of announcement of elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections, namely, the declaration of results by the Returning Officers. 2.Considering all relevant factors, the Commission had to schedule the programme of elections in a number of States with dates of taking poll phased over a long period of time. At the same time, with a view to preventing the result of elections in one State from influencing the choice of the electorate in another State or constituencies, the Commission had to schedule the counting of votes only at the end of polling in the last of the inter relatable States, to be taken up simultaneously in all these States. As a result, in some States, there is a considerable gap of time between the last date of poll and the date of counting. 3.It is not the intention of the Commission to impose undue restrictions or to hamper the developmental works and day-to-day administration. The Commission is aware that it is not necessary to continue to impose all the stipulated restrictions during the period between the date of poll and counting and declaration of results; more so if this period happens to be too long. 4.In view of the above and considering that once the poll is taken the normal bonafide action of the Government cannot influence the voters in favour of party in power, the Commission in relaxation of its earlier instructions, directs that after the poll is taken over an entire State and whenever there is gap of more than seven days between the date of poll and the date of counting:(i) The use of official vehicles which was restricted vide its instructions dated 21st, 28th and 30th December, 1994, may be permitted for strict and bonafide official purposes, including for visits to places outside the State headquarters also. However, if the Chief Electoral Officer or the District Election Officer finds that these visits are not strictly in accordance with official requirements, he may withdraw the vehicles for such visits till the completion of the elections. (ii) Urgent requirement to the barest minimum of transfer of officers not related to elections may be met by making such transfers. Likewise, action for 505

filling up posts including issue of advertisement, thereafter, may be allowed. The restrictions on ban on transfers of election related officers will, however, continue to be operative till the completion of the process of elections. (iii) The use of Rest Houses, Dak Bungalows and other Govt. accommodation may be allowed to Ministers and other dignitaries without restrictions, but only for visits connected strictly with official purposes. (iv) No restrictions on the holding of official meetings and functions, etc., may be imposed. These should, however, be held without any fanfare or ostentation or issue of paid advertisements at the cost of Government Exchequer. (v) In genuine cases, the allocations from discretionary funds can be allowed. Such cases need not be referred to the Commission for prior approval. 5.It is again clarified that the above relaxations apply strictly to the aforesaid period between the last date of poll in a State and the date of counting of votes. 6.Kindly acknowledge receipt.

506

ITEM NO. 236 Election Commission's letter No.434/6/PLN-III, dated 22.03.1996, addressed to the Chief Secretaries of all States and Union Territories and repeated The Chief Electoral Officers of all States and Union Territories Subject: Major tenders and auctions - Reg. It has been brought to the notice of the Commission that several major tenders, auctions etc. relating to matters such as liquor vends, tendu leaves and other such cases are being processed currently. The possibility that some of these auctions might result in unfair advantage/ disadvantage to the party in power/others cannot ignored. 2.The Commission, therefore, directs that in all cases where major such auctions etc. are to be held, they should be put off till the last date of completion of elections in the concerned areas and the State Government should make interim arrangements where unavoidably necessary. 3.Departures from this will be considered as serious violations of the code of conduct.

507

ITEM NO. 237 Election Commission's Fax Message No. 437/1/96-PLN-III, dated 12.09.1996 addressed to the Chief Electoral Officers of Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan and Tripura REFERENCES HAVE BEEN RECEIVED FROM MANY STATES WHETHER

MODEL

THROUGHOUT

THE

CODE ENTIRE

OF

CONDUCT

STATE

WOULD

DURING

THE

BE

IN

ON-GOING

FORCE BYE-

ELECTION (.) IT IS CLARIFIED THAT THE MODEL CODE OF CONDUCT AND BAN ON TRANSFER OF ELECTION RELATED OFFICERS WILL BE APPLICABLE IN THE ENTIRE DISTRICT IN WHICH THE CONSTITUENCY GOING TO POLLS IS COMPRISED (.)

508

ITEM NO. 238 Election Commission's letter No.437/6/98-PLN-III dated 08.01.1998 addressed to Chief Secretaries, Resident Commissioners and CEOs of all the States and UTs. Subject:

Restrictions on use of Government Guest Houses, Bhawans and State Sadans for holding of political parties meeting regarding election purposes

The Commission has taken note of utilization of various State Guest Houses, Bhawans and Sadans at Delhi for election related activities by some of the political parties. These include holding of party meeting press conference and consultations. The Commission after taking all factors into account has decided that no part of such premises are utilized for any political activities of the kind already mentioned. The Resident Commissioners and Liaison Officers of all States and Union Territories at Delhi are hereby instructed to ensure that no violation in this regard is made. There are, however, no restrictions for use of Bhawans for genuine requirements accommodation of officers and other visitors including political functionaries purely for purposes of their official tour to Delhi. The Resident/Liaison Commissioners are also advised that allocation of rooms should be done in a fair and equitable manner and that it would be improper to provide entire floors and large blocks for exclusive use and for extended period by political functionaries and parties. Kindly acknowledge the receipt.

509

ITEM NO. 239 Election Commission's letter No. 437/6/98-PLN-III dated 10.01.1998 addressed to the Cabinet Secretary, New Delhi, Chief Secretaries and CEOs of all the States and UTs.

Subject: Celebration of Republic Day - attendance of political functionaries References have been received from various States about the attendance of political functionaries in the celebration of Republic Day. The Commission has considered all the relevant factors in view of the ensuing General Elections to Lok Sabha and Legislative Assemblies and certain Bye-Elections. Commission has decided that there is no objection to Central Ministers/Chief Ministers/Ministers in the States to do the honours in the main Republic Day functions at various locations subject to the condition that in their speeches, they should confine themselves to extolling the achievements of the Martyrs in securing freedom of the country, glory of the Indian State and so on. Under no circumstances, they should become a platform for political campaign. In view of the fact that Republic Day celebrations will come during the election process and that the Central Ministers, Chief Ministers and Ministers in the States belong to political parties and alliances and may even be the candidates, the Commission, purely in the interest of ensuring a level playing field, directs that no Central Minister/Chief Minister/Minister or any other political functionary in the States/Ex-MPs shall do the honours at any Republic Day functions at any location of within their home district or constituency or from where he or she is a contesting candidate or intends to contest. The Commission, however, has no objection to organisation of Kavi Sammelan, Mushairas or other cultural functions organised in connection with the Republic Day celebrations and being attended by the Central Ministers, Chief Ministers, Ministers in the States and other political functionaries. However, utmost care should be taken to ensure that no political speeches are made on the occasion. The Commission has further decided that investiture ceremonies at the National and State level and distribution of Tamra Patras to freedom fighters, etc. will be done according to the existing conventions. The above instructions may be brought to the notice of all concerned for strict compliance.

510

ITEM NO. 240 Election Commission's letter No. 437/6/98-PLN-III dated 20.01.1998 addressed to Chief Secretaries and CEOs of all the States and UTs. Subject: Model Code of Conduct - Use of Rest Houses, Dak Bungalows and Other Government accommodation Representations have been received regarding the provisions on allotment and use of rest houses, dak bungalows and other Government accommodations as per the model code of conduct and their implementation in a non-uniform manner in different States and Union Territories. Instances has also come to the notice of the Commission that in the name of fair allotment of accommodations, in some States and Union Territories these Government accommodations are not being allotted to anyone. The Commission after considering various issues involved and taking into account all relevant factors has decided that the relevant provision of model code of conduct should be implemented in letter and spirit and the available accommodation should be allotted on a fair and equitable manner. The relevant portions are as below: Item VII. Party in Power: (iii) rest houses, dak bunglows or other Government accommodation shall not be monopolised by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda. Such a balanced allotment should cover the entire period of campaign. However, 48 hours before the close of poll in any particular area, there will be freeze on such allocations till completion of poll or re-poll. The Commission directs that the Chief Electoral Officers will oversee strict and impartial implementation of these guidelines.

511

ITEM NO. 241 Election Commission's letter No.437/6/98-PLN-III dated 23.01.1998 addressed to CEOs of all States and UTs. Subject:

Restrictions on tours /leave of the officers whose spouses are active in political arena

It has come to the notice of the Commission that there are several instances of officers belonging to the Indian Administrative Service, Indian Police Service and other State Government Senior officials whose spouses are active in the political arena either as candidates in elections or as active members of political parties. The Commission in the interest of free and fair poll, directs that in all such cases the concerned officers should not leave their Headquarters either on leave or on tour till the elections are complete in all respects. If for some reason they are required to leave their Headquarters then specific written permission of the Chief Secretary has to be obtained before they leave their Headquarters during the election period who should ensure that such officers do not get involved in any way with the political activities of their spouses. Receipt of this letter may kindly be acknowledged.

512

ITEM NO. 242 Election Commission' letter No.ECI/GE98-437/6/BR/98-PLN-III dated 27.01.1998 addressed to the CEO, Patna and copy endorsed to Cabinet Secretary, New Delhi, Chief Secretaries of all States and Union Territories and CEOs of all States (except Bihar) and Union Territories. Subject: Iftehar Party - 10000 invitees at CM's residence at State cost The question has been referred to the Commission from the State of Bihar seeking a clarification as to whether the Iftehar Party can be hosted by the Chief Minister to be attended by about 10,000 invitees, the expense for which will made by the State exchequer. The Commission is of the view that any entertainment at State cost on a religious occasion would not be correct and specially during the continuance of the election process. However, any individual is free by all means to host any such party in his personal capacity and meeting the expense with his or her personal account on their own. This is being brought to the notice of all States and Union Territories Governments and the Cabinet Secretary for appropriate action.

513

ITEM NO. 243 Election Commission's letter No. 447/98/PLN-IV dated 04.02.1998 addressed to CEOs of all States and UTs. Subject: Lok Sabha Elections-Monitoring in hotly contested constituencies As you are no doubt aware, certain special features are emerging in the current Lok Sabha Elections regarding the nature of candidates as well as type of campaign that may take place in certain constituencies in the country. In certain constituencies due to participation of important leaders of various political parties, the campaign may get heated and there may be attempts to grossly violate the provisions of the Model Code of Conduct Similarly, in some other constituencies, some of the candidates have a criminal background, though they do not attract the provisions of Section 8 of the Representation of the People Act, 1951, due to want of conviction, and the contest may be marred with some amount of violence. In still some other constituencies, some of the active campaigners for a particular candidate may be having a significant criminal record and may at the same time be holding political office. You would be having the necessary' information in this regard. One of the mechanisms by which the Commission tones down the phenomena of breach of model code of conduct and curbs attempts at criminal intimidation in electioneering is through videography. Videography teams are available at the district level and are under the control of the Returning Officers. You should see that these teams are used effectively in a focused manner as there is cost involved in this exercise. However, apart from the videography teams available at the district level, the Commission has decided that the Chief Electoral Officers of major States shall have such additional video teams at their disposal, as may be considered appropriate by them, and deploy them with adequate security to cover, on an exclusive basis, the election campaign and activities of candidates and other prominent persons having a criminal track record. If necessary, the video teams mentioned above may be constituted by the Chief Electoral Officers from outside the State. They can also be rotated within the State to provide the maximum impact and effectiveness.

514

ITEM NO. 244 Election Commission's letter No.437/6/98-PLN-II dated 15.09.1998 addressed to Chief Secretary to the Government of 1. Madhya Pradesh, Bhopal, 2. Rajasthan, Jaipur, 3. Mizoram, Aizawl, 4. NCTof Delhi and Copy endorsed to CEOs of 1. Madhya Pradesh, Bhopal, 2.Rajasthan, Jaipur, 3.Mizoram, Aizawl, 4. NCT of Delhi. Subject: Preparations for election for electing new State Assemblies. The tenure of the assembly in the State is expiring in December 1998; and elections have to be held shortly. As you know, the Commission and the State Electoral Officers are actively focusing on the arrangements, and meetings are being continuously held at Delhi and at your State Headquarters, to finalise all arrangements. The Election Commission of India, and the entire State election machinery are, therefore, in active election mode. The Election Commission of India and all political parties, desire a level playing field, in order to ensure fair and free elections. The commission is expected very shortly, to announce the detailed schedule for elections. Therefore, the Commission expects, and strongly urges, that the State Governments, at this juncture, with a very short period left for the formal start of the election process, will refrain from taking any major financial and other initiatives, which can be widely perceived as distorting the level playing field for all parties, particularly the opposition. The Commission is confident, that in the 4 years and nine months of its tenure, the State government has taken all beneficial developmental steps, which it wished to, undertake. Any major announcements of this nature now, with only a couple of months left at best, are bound to be misconstrued, and not expected of any political party, in India's 5 decade old mature democracy. The Commission would also advise against the creation of any new administrative units or major 'academic institutions etc. In general the Commission expects that nothing will be done by the incumbent ruling political party, which can be seen as simply largesse for undesirable exertion of influence on voters. The Commission further directs that as the Head of the Services in the State, you will take due care and caution, to ensure, that the entire administrative apparatus in the State, not only remains neutral, but is visibly seen to be so, by the general public and all political parties.

515

ITEM NO. 245 Election Commission's letter No.434/1 /99-PLN-III, dated 12.07.1999 addressed to the Chief Secretary and Chief Electoral Officers of all States and Union Territories and copy to Director, Lal Bahadur Shastri National Academy of Administration Mussoorie, Uttar Pradesh Subject: Posting of IAS probationers IT HAS BEEN BROUGHT TO THE NOTICE OF THE COMMISSION THAT SOME OF THE IAS OFFICER TRAINEES OF THE 1997 BATCH CURRENTLY UNDERGOING THEIR PROFESSIONAL COURSE PHASE-II AT THE LAL BAHADUR SHASTRI NATIONAL ACADEMY OF ADMINISTRATION MUSSOORIE SHALL BE RELIEVED ON THE 30TH OF JULY, 1999 ON COMPLETION OF THEIR TRAINING^) THESE OFFICERS HAVE TO BE GIVEN APPROPRIATE POSTINGS ON REPORTING FOR DUTY TO THE CONCERNED STATE GOVERNMENTS (.) THIS IS TO CLARIFY THAT ALL IAS PROBATIONERS ON COMPLETION OF THEIR TRANING MAY BE GIVEN THEIR POSTING BY THE CONCERNED STATE GOVERNMENTS IMMEDIATELY^) THE CHIEF ELECTORAL OFFICERS MAY BE KEPT IN THE PICTURE WHILE FINALISING THESE POSTINGS (.)

516

ITEM NO. 246 Election Commission's letter No.437/6/99-PLN-III, dated 28.07.1999 addressed to The Cabinet Secretary, The Chief Secretary & Chief Electoral Officers of all States and Union Territories

Subject: Celebration of Independence Day - attendance of political functionaries References have been received from various State about the attendance of political functionaries in the celebration of Independence Day. The Commission has considered all the relevant factors in view of the ensuing General Elections to Lok Sabha and Legislative Assemblies of certain States. Commission has decided that there is no objection to Central Ministers/Chief Ministers/Ministers in the States to do the honours in the main Independence Day function at various locations subject to the condition that in their speeches, they should confine themselves to extolling the achievements of the Martyrs in securing freedom of the country, glorification of the Indian State and so on. Under no circumstances, these should become a platform for political campaign. Independence Day celebrations will be celebrated during the period of election process for General Election, 1999. The Central Ministers, Chief Ministers and Ministers in the States who belong to political parties and alliances may be candidates for Lok Sabha or Assembly Election. The Commission, purely in the interest of ensuring a level playing field, directs that no Central Minister/Minister or any other political functionary in the State/Ex-MPs shall do the honours at any Independence Day function at any location of within their home district or constituency or from where he or she is a contesting candidate or intends to contest. The Prime Minister and Chief Minister may however do so from the National Capital and State headquarters as per long standing conventions. The Commission has also no objection to the organisation of Kavi Sammelan, Mushairas or other cultural functions organised in connection with the Independence Day celebrations and being attended by the Central Ministers, Chief Ministers, Ministers in the States and other political functionaries. However, utmost care should be taken to ensure that no political speeches highlighting the achievements of party in power are made on the occasion. The Commission has further decided that investiture ceremonies at the National and State level and distribution of Tamra Patras to freedom fighters, etc. and such other functions will be done according to the existing conventions. The above instructions may be brought to the notice of all concerned for strict compliance. Kindly acknowledge the receipt.

517

ITEM NO. 247 Election Commission's letter No.437/6/99-PLN-III, dated 16.08.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: Celebration of Sadbhavana Diwas - participation of political functionaries I am directed to state that references have been received seeking clarification regarding participation of political functionaries in the Celebration of Sadbhavana Diwas which is celebrated throughout the country. The Commission has considered all the relevant factors in view of the ensuing General Election to the Lok Sabha and Legislative Assemblies of certain States and has decided that Central Ministers/Chief Ministers/Ministers in the States can participate in the Celebration of Sadbhavana Diwas subject to the condition that the theme of their speeches should be confined only to the Promotion of harmony among the people' and utmost care should be taken to ensure that no political speeches highlighting the achievements of party in power are made on the occasion. Under no circumstances, it should become a platform for political campaign. Messages, if any, issued in the name of Ministers, should be confined to the theme of National Integration only and should carry no photograph of the concerned Minister. The above instructions may be brought to the notice of all concerned for strict compliance. Kindly acknowledge the receipt.

518

ITEM NO. 248

Election Commission's letter no.437/6/2002-PLN-III dated 25.01.2002 addressed to the Chief Secretaries/ CEOs of all States and UTs. Sub:

Model Code of Conduct - waiving off of recoveries and bad debts by State Government financial institutions during election period - reg. As you are aware, in order to ensure a level playing field between contesting

parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, the Commission has been issuing instructions under the Model Code of Conduct and other related statutes, rules, regulations, etc. The fountainhead of the powers under which the Commission issues these orders is Article 324 of the Constitution, which mandates the Commission to hold free and fair elections. 2.State Government institutions of several types are nowadays engaged in commercial and banking activities. The Supreme Court has observed in Kirpal Singh Vs Uttam Singh (AIR 1986 SC 300) that 'Nowadays the activities of the State are so manifold and prolific that the State has been forced, in the interests of better management and administration and in order to further the Directive Principles of State Policy, to set up various Corporations which are but mere instrumentalities of the State'. The Supreme Court has further observed in Satrucharla Chandrasekhar Vs Vyricherla Pradeep Kumar (AIR 1992 SC 1959) that the incorporation of a body corporate may suggest that it is independent of the government, but that would not be conclusive of the fact, as, sometimes, the form may be that of body incorporate independent of the government, but, in substance, it may just be an alter ego of the government. Accordingly, several State Government financial institutions are undertaking commercial and banking activities, like, granting loans, rescheduling the recovery of loans and, in many cases, writing off bad loans or defaulted loans. Whereas this normal activity of such State Government institutions may go on during non-election period these activities when the election process is underway, sometimes, get vitiated and are looked upon with suspicion by political parties, candidates and general public. It can not be gainsaid that the party in power which wields considerable influence over the government of the day and which is also contesting the elections to get back to power, can get bad or defaulted loans to be written off, giving rise to allegations that the person or the business house whose loan is being written off makes contributions to the party coffers to help them in their election 519

campaign. There could also be the other abuse of a flurry of loaning activities of a populist nature aimed to garner votes, which would, in the long run, affect the health of the loaning institution itself. 3.Keeping the above ground position and the realities of the situation in view, the Commission is of the considered view that all financial institutions funded, partly or wholly, by the State Governments should not take recourse to writing off loans advanced to any individual, company, firm, etc. during the period when the Model Code of Conduct is in force, without the prior concurrence of the Commission. Similarly, the financial limits that these institutions have to adhere to while granting or extending loans should not be enhanced by issuing of loans indiscriminately to beneficiaries when the Model Code of Conduct is in force. 4.The above directive of the Commission should be brought to the notice of all the abovementioned financial institutions and other concerned immediately for their information and strict compliance. A copy of the instruction issued to them in this behalf may kindly be endorsed to the Commission for its information and record. The receipt of the letter may kindly be acknowledged urgently.

520

ITEM NO. 249 Election Commission’s letter No. 437/6/1/2004-PLN-III, dated 11.02.2004 addressed to the Chief Secretaries/Chief Electoral Officers of all States and Union Territories Subject: General Elections to the Lok Sabha and State Legislative Assemblies posting of officers. As you might be aware general elections to the Lok Sabha and some State Assemblies have to be held shortly. The Commission, in its task of conducting free and fair elections, has followed the consistent policy to ensure that officers, who are connected with the conduct of elections in the State, do not serve in their home districts. Besides this, the Commission's policy has been that an officer who has worked for four years or more in the same district shall also be transferred out so that conditions for free and fair elections becomes apparent to all concerned.

2.

The Commission has decided that no officers connected with elections

should be allowed to continue in his/her home district. These instructions will not only cover officers appointed for specific election duties like District Election Officers, Returning Officers and Assistant Returning Officers but other district level officers like Additional District Magistrates. Deputy Collectors and Sub-Divisional Magistrates, Tehsildars. etc. As far as officers in the Police Department are concerned, these instructions shall be applicable to range IGs, DIGs, SSPs, SPs, and Sub-Divisional Heads of Police and officer-in-charge of police station (whether in the rank of Inspector or Sub-Inspector). A detailed review may be conducted in all districts and in case any such officer is posted in the Home District, he/she should be moved out immediately. While earning out this review it must be borne in mind that these instructions do not apply to officers posted at the State headquarters.

521

3.

The Commission further desires that a separate review may be made in

respect of officers of the above category to list out those who have completed more than four years of stay during the last five years in the same district irrespective of the fact whether they are deployed in their home district or not, and such officers may also be moved out of their resent districts but while doing so care should be taken that they are not posted to their home districts. While calculating the period of four years, promotion to a post within the district is to be counted. Also short spells of transfer of less than one year may not be taken into account.

4.

The

Commission

further

desires

that

the

officers

against

whom

Commission has recommended disciplinary action may not be assigned any election duty.

5.

Commission's policy is conveyed at this stage prior to the formal

announcement of the elections to ensure that the State Governments take steps to transfer the officers falling in the categories specified above. If steps are taken immediately

then

large-scale

dislocation

of

officers

immediately

after

the

announcement would not be necessary.

6.

The transfer of officers entrusted with the work relating to revision of

electoral rolls may be effected only after the final publication of electoral rolls.

7.

Furthermore, while implementing the above directions, the Commission desires

that the Chief Electoral Officers of the State shall be invariably consulted regarding the new persons being brought in to man the posts as a result of the transferring out of the person incumbent who is either serving in his home district or has served for four years or more during the last five years in the same district.

522

8.

Details of the action taken may be intimated to the Commission for its information

immediately.

523

ITEM NO. 250 Election Commission's letter No.437/6/3/2004-PLN-II, dated 19.02.2004 addressed to the Cabinet Secretary to the Govt. of India, Secretary to Govt. of India, Ministry of Home Affairs, Secretary to Govt. of India, Ministry of Urban De4development & Poverty Alleviation and the Chief Secretaries/Chief Electoral Officers of all States and Union Territories Subject:

Restrictions on eviction/demolition of unauthorized structures, etc. regarding

As you are aware, the 13th Lok Sabha has been dissolved and the General Election to the Lok Sabha alongwith simultaneous election to some State Legislative Assemblies is to take place shortly. 2. The Commission has been made aware that different agencies of the Government, responsible for urban affairs and other developmental projects, have been undertaking eviction drives leading to demolition of unauthorized structures, jhuggi(JJ) clusters and relocation of people from one area to another. Such steps, wherever taken up, no doubt may have been the resultant actions after following the due process of law by the concerned agencies and sometimes even implemented on directions of a competent Court of Law. While the Commission fully appreciates the objectives of the Government agencies responsible for such actions in the management of their affairs, in the context of the General Election to the Lok Sabha alongwith simultaneous election of some State Legislative Assemblies, the Commission is concerned about the impact that such dislocation of people may have on the fidelity of the electoral rolls to be used in the ensuing elections. 4.The electoral roll is the basic document for the conduct of any election as it is the one on which the whole electoral process is founded. When a constituency is called upon to elect a member to the Lok Sabha or to the Legislative Assembly of a State, it means, in fact, that those electors who have been enrolled in the electoral roll are called upon to elect a member of the Lok Sabha or of a Legislative Assembly. Under Article 326 of the Constitution, every Indian citizen of the age of 18 years or above on the prescribed qualifying date is entitled to be registered as an elector in the elector roll of the Parliamentary and Assembly constituency in which he is ordinarily resident (unless he suffers from a prescribed disqualification). But the right to vote in such constituency is conferred by Section 62 of the Representation of People Act, 1951 only on those persons whose names are entered in the electoral roll of the constituency whose names are entered in the electoral roll for the time being in force in the constituency. Therefore, the electoral roll of the constituency has to be as accurate and up-to-date as is humanly possible for the conduct of free and fair elections. The electoral rolls for all the States going to polls in future have been or are being finalized with reference to 1.1.2004 as the qualifying date and by now the electors ordinarily resident in any particular area are aware of the inclusion of their names in the relevant part of the electoral roll of the Assembly constituency concerned. Thus, whenever any eviction or demolition drive is taken up by a civic agency leading to dislocation of existing electors from their ordinary place of residence, the relevant part of the electoral roll of the Assembly constituency necessarily gets affected and becomes defective in as much as a large number of such dislocated electors lose their right to vote at the polling stations to which they have been assigned. In many cases, the electors so displaced as a result of the demolition or eviction drive get relocated in another area outside the assembly constituency in which 524

they were ordinarily resident and cannot be included in time in the electoral rolls of the are where they have been relocated. Any election held on the basis of these defective rolls would thus deprive a substantially large number of electors who have been displaced from their places of ordinary residence of their franchise. Besides, these defective electoral rolls may also give an opportunity to unscrupulous elements to resort to bogus voting in the names of voters who have been shifted out on account of demolition or eviction drives carried out in a particular polling area/constituency. These factors would not only vitiate the fair and free election but may even materially affect the result of election in the constituency concerned. 5. The Commission has, decided in the interest of free and fair elections, and to maintain the fidelity of electoral rolls, that any demolition/eviction drives shall be temporarily suspended and shall not be carried out by any Government/civic agencies between now and the completion of the General Election. Wherever there are any problems in the implementation of the above decision of the Commission because of any orders issued by any Court of Law, the Government of the State or the Central Government, as the case may be, shall bring the matter to the notice of the Commission for appropriate directions to ensure due compliance with the Court's orders. In such cases of unavoidable dislocation, the Government shall place before the Commission all relevant facts, including a suitable rehabilitation plan, to enable the Commission to give appropriate orders in regard to the corrective steps to be taken by the electoral authorities concerned to ensure that such dislocated electors are not deprived of their voting rights. Kindly acknowledge receipt.

525

ITEM NO. 251 Election Commission's letter no. 437/7/2004-PLN III dated 29.02.2004 addressed to The Cabinet Secretary, The Chief Secretaries/CEOs all States and Union Territories Subject: General Elections to Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim - Application of Model Code of Conduct I am directed to say that the Commission has announced the schedule of General Election to Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim The Commission has also announced bye-elections to the State Legislative Assemblies from the following constituencies to-day i.e. 29th February, 2004 A copy of the Press Note is enclosed. State

Assembly Constituency

Assam

101-Mariani

Bihar

66-Sheohar 163-Parbatta

Chhattisgarh

34-Alakara 85-Dongargaon

Kerala

55—Wadakkancherry

Mizoram

23-Kolasib (ST)

Tamil Nadu

70-Mangalore (SC)

Uttar Pradesh

67-Beniganj (SC) 105Ame thi 286Ajitm al (SC) 312Jhan si

NCT of Delhi

65-Motinagar

2.With this announcement the provisions of the Model Code of Conduct for the Guidance of the Political Parties and Candidates have come into force with immediate effect from 29th February 2004. This may be brought to the notice of the Government, 526

all Ministries and Departments and all other offices both at the Centre and the States./Union Territories. 3.Your particular attention is drawn to clause VII (vi) of Model Code, which states interalia " From the time elections are announced by the Commission, Ministries and other authorities shall not -

Announce any financial grants in any form or promises thereof; or(except civil servants) lay foundation stones etc. of projects or schemes of any kind; or

-

Make any promise of construction of roads, provision of drinking water facilities etc., or

-

Make any ad-hoc appointments in Government, Public Undertakings etc.

which may have the effect of influencing the voters in favour of the party in power." 4. The Commission directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the elections. These include but are not restricted to: 1.The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers; 2.Divisional Commissioners; 3.The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections; 4.Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-divisional level Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951; 5.The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard; 6.This ban shall be effective till the completion of the elections. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of elections in the State; 7.In those cases where transfer of an officer is absolutely necessary on account of administrative exigencies, the concerned State Government may with full justification approach the Commission for prior clearance. 527

8.The receipt of the letter may kindly be acknowledged.

528

ITEM NO. 252 Election Commission’s letter No. 437/6/2004-PLN III, dated 08.03.2004 addressed to the Cabinet Secretary. Govt. of India, the Secretary, Ministry of information and Broadcasting, Govt. of lndia, the Chief Secretaries to the Govt. of all States and Union Territories and copies to Chief Electoral Officers of all States and Union Territories Subject: Display of advertisements and hoardings at the cost of public exchequer. It has come to the notice of the Commission that a number of hoardings depicting the achievements of the party in power are being displayed by the Union and the States/UT Governments at the cost of public exchequer Your attention is invited to sub-para (iv) of para VII - Party in Power- of the Model Code of Conduct for the Guidance of Political Parties and Candidates which is as under:The party in power whether at the Centre or in the States/UTs concerned. shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular-(iv) Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.' With the announcement of the schedule of elections to Lok Sabha and the legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim on 29" February 2004 the Model Code of Conduct came into force immediately. The continuing display of such hoardings and advertisements at the cost of public exchequer, even if such Hoardings, advertisements or posters were displayed prior to the date of announcement of elections, constitutes a violation of the Model Code of Conduct as it provides an undue advantage to the party in power and has the effect of influencing the voters in favour of the party in power. The Commission directs that all such hoardings, advertisements, etc. on display shall be removed forthwith by the concerned authorities and a compliance report furnished to the Commission The Commission has also directed that no advertisements should be issued in the newspapers and other media including electronic media at the cost of public exchequer during the election period and the misuse of mass media during the election 529

period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power should be scrupulously avoided. All Ministries/Departments/Offices of the Central Government and the State Governments may be informed of this directive of the Commission for immediate compliance. The receipt of this letter may be acknowledged.

530

ITEM NO. 253 Election Commission’s letter No. 437/6/16/2004, dated 09.03.2004 addressed to the Secretary to the govt. of India. Ministry of Rural Development Department of Rural Development, New Delhi-110001 Subject: - Model Code of Conduct. I am directed to refer to your letter no. PS/JS (RL)/04-216 dated 24-2-2004 and to state that after taking into consideration all relevant factors, the Commission has decided that:(1)

The work which has already been started on ground may be continued

(2)

No fresh work shall be started till the completion of the elections and

(3)

Tenders are not to be finalized during the period of elections. COPY Ministry of Rural Development, Deptt. of Rural Development Government of India, Krishi Bhawan, New Delhi - 110001.

S. VIJAY KUMAR JOINT SECETARY

D.O. No. PS/JS(RC)/04-216

February 24, 2004.

SUBJECT: - Model Code of Conduct and continuation of programme activities under PMGSY Please refer to the Ministry's D.O. letter No. 17015/1/2004-GC dated 13 lh February, 2004 addressed to you. As you are aware the Pradhan Mantri Gram Sadak Yojana (PMGSY) is a Centrally Sponsored Scheme for providing rural connectivity. Copy of the PMGSY Guidelines is enclosed herewith. The main features include the following: •The proposals for the road works are cleared by the State Level Standing Committee headed by the Chief Secretary. Detailed Project Reports (DPRs) are checked by independent State Technical Agencies such as IITs, RECs etc. •Proposals of the State are considered by the Inter-Ministerial Empowered Committee chaired by Secretary, Ministry of Rural Development and Adviser (Transport), Planning Commission, representative of Ministry of Road Transport & Highways and Director, CRRI, etc. are members of the Committee. •After clearance, the works are put to open tender by the State Government according to the Standard Bidding Document for PMGSY and works are to be completed within a period of 9 months. 531

2.

The stages of execution commencing with the clearance by the Ministry to the

Annual Proposals comprises: •Issue of Notices Inviting Tenders, specifying date and time of closing of receipts f bids and opening of tenders as per Standard Bidding Document provisions •Finalisation on the basis of lowest qualifying bid and award of work •Issue of Work Orders after Contract agreement. •Re-tendering in case of inadequate response Decisions for the purpose are taken at the level of the Programme Implementation Unit (PIU) or the Executing Agency/Department as per pattern of the State. 3. Some State Governments have queried whether the PMGSY Scheme will be affected by the Model Code of Conduct to be brought into force by the Election commission of India. In this connection, it may be pointed out that the process of election of the road works qualifying under the PMGSY criteria and preparation of DPRs is a well regulated and time consuming process and proposals coming to the Empowered Committee are accordingly those which have been put through a systematic procedure starting many months earlier. The Empowered Committee is an official inter-Ministerial Committee. The PMGSY is a regular Centrally Sponsored Programme and the works have to be tendered and awarded in such a way that the earth work and Water bound Macadam (WBM) needs to be completed before the end of the monsoon for proper results. As an abundant precaution, the State Governments have been advised not to refer any matters relating to tendering and award of works for decision of the political executive, elected representative (if that was the practice) during the period of the Model Code of Conduct. 5.Accordingly, the Election Commission may kindly confirm that execution of annual PMGSY proposals of States cleared before coming into force of the Model Code of Conduct may be continued as per the PMGSY Guidelines (subject to such conditions that the Election Commission of India may like to lay down) so that the earth work and WBM is completed before the end of the monsoon. Needless to add, there will be no inaugurations, announcements, laying of foundation stones etc. by public figures/individuals during the period that the Model Code of Conduct is in force. With regards, Yours sincerely, Sd./(S. Vijay Kumar) Shri A.N. Jha Deputy Election Commissioner Election Commission of India NEW DELHI 532

ITEM NO. 254 Election Commission’s letter No. 437/6/23/2004 PLN.III, dated 11.03.2004 addressed to the Chief Secretaries of Andhra Pradesh, Karnataka, Maharashtra, Tamil Nadu & Jharkhand. Subject: General Elections 2004 - Implementation of drought relief work -regarding . The Commission has been receiving various representations from the State Governments regarding the modalities of implementing relief work in areas which have been declared as "drought affected" in the respective States. The Commission after taking into account all relevant factors, directs the following :(i)

The drought relief works by way of immediate relief measures to be taken up by the State Governments shall only be in the areas which have been declared as "'drought affected" within the parameters laid down under the guidelines for managing of Calamity Relief Fund by the Central Government. No new areas are to be added to the existing list of such "drought affected" areas after the announcement of elections on February 29th 2004. Addition of any additional area/village will only be subject to obtaining prior concurrence of the Commission after following the due procedure laid down for seeking assistance under the Calamity Relief Fund/ National Relief Fund laid down by the Government of India for operation of such funds.

(ii)

To provide immediate relief in the areas declared as drought affected, the Commission has provisionally approved the following measures:-

(iii)

(a)

Provision of drinking water by way of water tankers.

(b)

Digging of bore-wells as well as dug-wells in scarcity areas on account of drying of the existing bore-wells/dug-wells.

(c)

Provision of rice/wheat at prescribed rates for distribution among the destitute without support and who cannot go for work as per mechanism already prescribed in the Calamity Relief Fund Scheme.

(d)

Provision of fodder for cattle.

(e)

New works on wage employment (Food for work etc.) where such existing works have been completed.

No minister of the Government or a political functionary will be associated in the management of the drought relief operations in any capacity, supervisory or otherwise, during period of operation of the model code of conduct. 533

(iv)

The entire relief operation would be taken up by the Division, District and Taluka/sub-District Administration without involving elected representatives and/or non-officials at any level.

Kindly ensure compliance of the directions of the Commission and acknowledge.

534

ITEM NO. 255 Election Commissioner’s letter No. 437/6/6/2004, dated 25.03.2004 addressed to Smt. Najma Heptulla, Deputy Chairperson, Rajya Sabha, 4 Akbar Road, New Delhi-110 001. Sub: Applicability of Model Code of Conduct. I am directed to refer to your letter dated March 18, 2004 and to state that during the General Elections to Lok Sabha the restrictions on the use of official vehicles are also made applicable in respect of the Speaker of the Lok Sabha, Deputy Speaker of the Lok Sabha and Deputy Chairperson of the Rajya Sabha. As far as provision of security is concerned, the State Governments have already been advised to provide security based on the threat perceptions in respect of any individual.

535

ITEM NO. 256 Election Commissioner’s letter No. 437/6/16/2003/PLN-III, dated 01.04.2004 addressed to Smt. Asha Swarup, Joint Secretary (SGSY), Krishi Bhawan, New Delhi-110 001. (Original letter available in File No.437/6/16/2004/PLN-III) Sub: Clarification regarding implementation of Rural Development Programmes. I am directed to refer to the meeting you had in the Commission on 27 th March, 2004 regarding implementation of various rural development programmes. In view of the Model Code of Conduct in force till the completion of elections, the Commission has directed the following: (i)

Sampoorna Grameen Rozgar Yojana (SGRY): - Continuing works in Progress under SGRY may be continued and funds earmarked for such works can be released. In case of any Panchayat where all on going works have been completed and there is a requirement for taking up NEW wage employment works and where funds released directly to the Panchayats from the Ministry of Rural Development are available, new works can be started from approved annual action plan for 2003-04 with the prior consent of the District Collector / District Election Officer. From other funds, no new works should be started.

(ii)

Indira A was Yojana (IAY): - Beneficiaries who have been sanctioned housing scheme under IAY and have started work, will be assisted as per norms. No new constructions will be taken up or fresh beneficiaries sanctioned assistance till the elections are over.

(iii)

Swaranjayanti Gram Swarozgar Yojana (SGSY): - Under SGSY, only those help groups which have received part of their subsidy / grant will be provided the balance installments. No fresh individual beneficiaries or SHGs will be given financial assistance till the elections are over.

536

ITEM NO. 257 Election Commission’s letter No. 437/6/38/2004-PLN-III, dated 06.04.2004 addressed to the Chief Secretaries to all the States and Union Territories and Chief Electoral Officers of all the States and Union Territories. Subject: - Model Code of Conduct-Use of Rest Houses, Dak Bungalows and other Government accommodation. The Commission has received representations regarding implementation of the provisions on allotment and use of rest houses, dak bungalows and other Government accommodations in a non-uniform manner in violation of the model code of conduct in different States and Union Territories. The Commission after considering various issues involved and taking into account all relevant factors has decided that the relevant provision of model code of conduct should be implemented in letter and spirit and the available accommodation should be allotted in a fair and equitable manner. The relevant portions are as below: Item VII. Party in Power: (iii) rest houses, dak bungalows or other Government accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda. It shall be ensured that no functionary can use the Circuit House, Dak bungalow to set up campaign office as the Circuit Houses/Dak bungalows are only for temporary stay (boarding and lodging) during transit of such functionaries. The Commission has further directed that: (i)

Even casual meeting by Members of political parties inside the premises of the Government owned guesthouse etc. are not permitted and any violation of this shall be deemed to be a violation of the Model Code of Conduct.

(ii)

Only the vehicle carrying the person allotted accommodation in the guest house and not more than two other vehicles, if used by the person, will be permitted inside the compound of the Guest House,

(iii)

Rooms should not be made available for more than 48 hours to any single individual.

However, 48 hours before the close of poll in any particular area, there will be freeze on such allocations till completion of poll or re-poll. The Commission directs that the Chief Electoral Officers will oversee strict and impartial implementation of these guidelines.

537

ITEM NO. 258 Election Commission’s letter No. 437/6/2004/PLN-III, dated 23.04.2004, addressed to the Chief Secretaries/ Chief Electoral Officers of Gujarat, Chhattisgarh, Meghalaya, Mizoram, Tripura, Andaman & Nicobar Islands, Dadra & Nagar Haveli And Daman & Diu Subject - General Elections 2004 - Model Code of Conduct I am directed to invite your attention to the Commission's message No. 437/6/2004 PLN III dated 29th February 2004 regarding the application of Model Code of Conduct in the current General Elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections namely, the declaration of results by the Returning Officers.

2.

The polling in your State is over and the counting of votes would be taken up on

13th May 2004. The Commission has decided that the States in which voting is completely over should be allowed to function in a normal manner. There is no objection to the use to Aircraft's and vehicles within the State by the Ministers except on 13th May 2004 when the process of counting of votes is taken up and the declaration of results is made. The Ministers are welcome to lay foundations or do inaugurations, etc. The State Government also, is free to take its normal decisions within the normal constitutional parameters.

3.

The receipt of the letter may kindly be acknowledged.

538

ITEM NO. 259 Election Commission’s letter No. 437/6/2004/PLN-III, dated 29.04.2004 addressed to the Chief Secretaries/Chief Electoral Officer's of Andhra Pradesh, Goa, Karnataka, Manipur, Maharashtra, Orrisa and Jharkhand Subject - General Elections 2004 - Model Code of Conduct I am directed to invite your attention to the Commission's message No. 437/6/2004 PLN III dated 29th February 2004 regarding the application of Model Code of Conduct in the current General Elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections namely, the declaration of results by the Returning Officers.

2.

The polling in your State is over and the counting of votes would be taken up on

13th May 2004. The Commission has decided that the States in which voting is completely over should be allowed to function in a normal manner. There is no objection to the use to Aircraft's and vehicles within the State by the Ministers except on 13th May 2004 when the process of counting of votes is taken up and the declaration of results is made. The Ministers are welcome to lay foundations or do inaugurations, etc. The State Government also, is free to take its normal decisions within the normal constitutional parameters. 3.

The receipt of the letter may kindly be acknowledged.

539

ITEM NO. 260 Election Commission’s letter No. 437/6/2004-PLN-lll, dated 08.05.2004, addressed to the Chief Secretaries of Arunachal Pradesh, Nagaland and Rajasthan and Chief Electoral Officer of Arunachal Pradesh, Nagaland and Rajasthan Subject - General Elections 2004 - Model Code of Conduct I am directed to invite your attention to the Commission's message No. 437/6/2004 PLN III dated 29th February 2004 regarding the application of Model Code of Conduct in the current General Elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections namely, the declaration of results by the Returning Officers.

2.

The polling in your State is over and the counting of votes would be taken up on

13th May 2004. The Commission has decided that the States in which voting is completely over should be allowed to function in a normal manner. There is no objection to the use to Aircraft s and vehicles within the State by the Ministers except on 13th May 2004 when the process of counting of votes is taken up and the declaration of results is made. The Ministers are welcome to lay foundations or do inaugurations, etc. The State Government also, is free to take its normal decisions within the normal constitutional parameters.

3.

The receipt of the letter may kindly be acknowledged.

540

ITEM NO. 261 Election Commission’s letter No. 437/6/2004/PLN-III, dated 08.05.2004 addressed to the Chief Secretary / Chief Electoral Officers of all States/Union Territories. Subject - General Election to Lok Sabha 2004 reasonable restrictions on movement of vehicles to ensure free and fair elections--clarification regarding. I am directed to state that a doubt has arisen if the restrictions on plying of vehicles as contained in the Commissions Order number 437/6/96/ PLN-III dated 16th January 1996 apply to two wheelers, like, motorcycles and scooters also and during which period they apply.

It is clarified that in the interest of free and fair elections, these instructions apply in respect of all two wheeler, like, motorcycles and scooters (except bicycles) also, and should be made applicable for a period of 24 hours before the time fixed for closure of poll and till the completion of poll These restrictions would not. however, apply to any Govt. servant on duty or in case where such two-wheeler is being used to transport a patient or old/infirm persons In addition to the persons specified in para 8 of the aforesaid order Receipt of the order may please be acknowledged.

541

ITEM NO. 262 Election Commission’s letter No. 437/6/2004-PLN-III, dated 19.05.004 addressed to the Cabinet Secretary, Cabinet Secretariat, the Chief Secretaries/Chief Administrator of All States and Union Territories and the Chief Electoral Officers of All States and Union Territories. Subject - General Elections to Lok Sabha and certain State Assemblies, 2004 Model Code of Conduct - regarding. I am directed to invite your attention to the Commission's message NO.437/6/2004-PLN-III dated 29th February, 2004 regarding the application of Model Code of Conduct in the current General Elections. These instructions of the Commission are meant to be applicable with effect from the date of announcement of elections upto the end of the process of elections namely, the declaration of results by the Returning Officers.

2.

Since, the Commission has issued notification constituting 14th Lok Sabha on 17th

May, 2004, all the provisions of Model Code of Conduct cease to be effective with immediate effect except in the districts of Bihar in which the Parliamentary Constituencies of 2-Betia, 5-Siwan and 7-Chapra are partly or wholly comprised within. The provision of Model Code of Conduct will continue to be effective in the districts of Bihar where the Parliamentary Constituencies i.e. 2-Betia, 5-Siwan and 7-Chapra are partly or wholly comprised within till completion of election from these constituencies.

Receipt of this letter may kindly be acknowledged.

542

ITEM NO. 263 Election Commission’s letter No. 437/6/1/2004-PLN III, dated 05.08.2004 addressed to the Chief Secretary to the Government of Maharashtra and the Chief Electoral Officer of Maharashtra Subject - General Election to the Maharashtra Legislative Assembly - Posting of officers As you are aware that elections to the Maharashtra Legislative Assembly have to be held shortly, and that the Commission, in its task of conducting free and fair elections, has followed the consistent policy to ensure that officers, who are connected with the conduct of elections in the State, do not serve in their home districts. Besides this, the Commission's policy has been that an officer who has worked for four years or more in the same district shall also be transferred out so that conditions for free and fair elections becomes apparent to all concerned.

2.

The Commission has decided that no officer connected with elections should be

allowed to continue in his/her home district. These instructions will not only cover officers appointed for specific election duties like District Election Officers, Returning Officers and Assistant Returning Officers but other district level officers like Additional District Magistrates, Deputy Collectors and Sub-Divisional Magistrates, Tehsildars etc. As far as officers in the Police Department are concerned, these instructions shall be applicable to range IGs, DIGs, SSPs, SPs and Sub-Divisional Heads of Police and officer-in-charge of police station (whether in the rank of inspector or sub-inspector). A detailed review may be conducted in all districts and in case any such officer is posted in the Home District, he/she should be moved out immediately. While carrying out this review it must be borne in mind that these instructions do not apply to officers posted at the Suite headquarters.

3.

The Commission further desires that a separate review may be made in respect

of officers of the above category to list out those who have completed more than four 543

years of stay during the last five years in the same district irrespective of the fact whether they are deployed in their home district or not, and such officers may also be moved out of their present districts but while doing so care should be taken that they are not posted to their home districts. While calculating the period of four years, promotion to a post within the district is to be counted. Also short spells of transfer of less than one year may not be taken into account

4.

The Commission further desires that the officers against whom Commission has

recommended disciplinary action may not be assigned any election duty.

5.

Commission's policy is conveyed at this stage prior to the formal announcement

of the elections to ensure that the State Government take steps to transfer the officers falling in the categories specified above. If steps are taken immediately then large-scale dislocation of officers immediately after the announcement would not be necessary.

6.

The transfer of officers entrusted with the work relating to revision of electoral

rolls may be affected only after the final publication of electoral rolls.

7.

Furthermore,, while implementing the above directions, the Commission desires

that the Chief Electoral Officer of the State shall be invariably consulted regarding the new persons being brought in to man the posts as a result of the transferring out of the person incumbent who is either serving in his home districts or has home district or has served for four years or more during the last five years in the same district.

8.

Details of the action taken may be intimated to the Commission for its information

immediately latest by 24.08.2004.

544

ITEM NO. 264 Election Commission’s letter No. 437/6/1/2004-PLN III, dated 11.08.2004 addressed to the Chief Secretary to the Government of Maharashtra and the Chief Electoral Officer of Maharashtra Subject - General Election to the Maharashtra Legislative Assembly- Posting of officers- Judgment of Maharashtra Administrative Tribunal Mumbai, Aurangabad Bench- Regarding Kindly refer to Commission's letter of even no. Dated 5th August 2004 (Enclosed for ready reference) whereby Commission has issued exhaustive guidelines to ensure that those officers, who are connected with the conduct of elections in the State, do not serve in their home districts as well as the officers who have worked for four years or more in same district be transferred out in the interest of free and fair General Elections to Maharashtra Legislative Assembly. In this connection, I am directed to invite your attention towards Maharashtra Administrative Tribunal Mumbai, Aurangabad Bench order dated 22-06-2004. in OA No. 222 of 2004 in the matter of Ramchandra Bapurao Pawar Vs State of Maharashtra and Ors. In the aforesaid O.A the Election Commission of India was impleded as respondent no. 3. Though the said O.A has been dismissed, the Hon'ble Tribunal has made certain observations at para 11 of its order dated 26.6.2004 which are as under:“The elections of the Parliament admittedly were declared somewhere in the month of January or February 2004 and the Election Commission adopted a particular policy, as far as the postings and transfers of the Government employee at a particular station. Exhaustive guidelines were issued by him on 11.02.2004 enumerating specifically therein that, all the officers who are connected with conduct of the election and who are having the hometown, where they are posted, or the officer who completed tenure of four years at the station , shall be transferred from the station. The Election Commission and the executives of the State Govt. were under obligation to implement this scheme faithfully and sincerely. I however, feel it was nothing but for a farce to lay down particular guidelines, so as to transfer particular employee under the garb of such scheme and to retain the others in whom the vested interest was involved. The best example made out by the applicant is of Shri D.M. Borude- the Deputy Collector (E.G.S.). He was belonging to Ahmednagar district.

His post of Deputy Collector

of the E.G.S. was already notified as an Assistant Returning Officer. The Collector, 545

Ahmednagar made a proposal to transfer him on 26.3.2004. He however, was retained at the station for the unknown reason. The applicant further made out the instances or S/Sh. Dangde, Lavande, Jare etc. and alleged that all of them are resident of Ahmednagar district. Shri Lavande was working as Deputy District Election Officer. Despite it, they were not displaced form the station. This is a reason as to why I use the word 'farce' in adopting a particular policy by the Election Commission. The policy was adopted with a view to implement it, looking to the faces and not otherwise. As a matter of fact, the Election Commission is an autonomous authority. He decided to achieve the fair results of the elections. He had admitted the policy to transfer the officers, who are posted in the hometown or who completed tenure of four years. The said policy however, was not sincerely implemented, or that, some element who were malafide played mischief and made incorrect proposal. I feel that the Election Commission, who is an autonomous authority, shall see that his subordinate officers and especially the executives do not take the disadvantage of the situation under the grab of the elections. If the Election Commissioner tolerates and ignores such instances, the mischievous and mala fide elements would abuse their powers, may be for extraneous consideration, and the officers having no approach would be the sufferers and victim. I would be justified to propose to the Election Commission to consider the aspect with some seriousness and shall take appropriate action in the matter." The Commission has taken a serious view of the way its instructions have been misused and desires the State Administration and the Chief Electoral Officer should be more vigilant to ensure that such lapses do not occur in future.

546

ITEM NO. 265 Election Commission’s letter No. 437/6/2004-PLN III, dated 26.08.2004 addressed to the Cabinet Secretary Government of India, the Secretary to the Government of India, Department of Programme Implementation and the Chief Secretaries/Chief Electoral Officers to the Governments of Arunachal Pradesh, Assam, Andhra Pradesh, Bihar, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Maharashtra, Manipur, Madhya Pradesh, Nagaland, Punjab, Rajasthan, Uttar Pradesh, West Bengal and NCT of Delhi. Subject - Release of funds under MPs'/MLAs' Local Area Development Scheme. I am directed to refer to the Commission's Press Note dated 24 August, 2004 where the Commission had announced the operation of the Model Code of Conduct for the Guidance of the Political Parties and Candidates. The Commission has considered the release of funds under the Member of Parliament Local Area Development Schemes and has decided thata) No fresh release of funds under the Member of Parliament (including Rajya Sabha members) Local Area Development fund shall be made in any part of the country where the elections are in progress. Similarly no fresh release of funds under the MLAs'/MLCs' Local Area Development Fund shall be made, if any, such scheme is in operation, till the completion of election process. b) No Work may be started for which the work order had been issued _ before the issue of this letter but the work has actually not started in the field. These can be started after the completion of election process. However, if the work has actually started, this can continue. c) There should be no bar to the release of payments for completed work subject to the full satisfaction of the concerned officials.

547

ITEM NO. 266 Election Commission’s letter No. 437/6/2004-PLN III, dated 24.08.2004 addressed to the Cabinet Secretary Government of India and the Chief Secretaries/Chief Electoral Officers of Arunachal Pradesh, Assam, Andhra Pradesh, Bihar, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Maharashtra, Manipur, Madhya Pradesh, Nagaland, Punjab, Rajasthan, Uttar Pradesh, West Bengal and NCT of Delhi Subject - Application of Model Code of Conduct I am directed to say that the Commission has announced the schedule of General Election to State Legislative Assemblies of Maharashtra and Arunachal Pradesh. The Commission has also announced schedule for holding bye-election to fill up some casual vacancies. A copy of the Press Note is enclosed. 2.

With this announcement the provisions of the Model Code of Conduct for the

Guidance of the Political Parties and Candidates have come into force with immediate effect. This may be brought to the notice of the Government, all Ministries and Departments and all other offices both at the Center and concerned States. 3. Your particular attention is drawn to clause VII (vi) of Model Code, which states inter-alia “From the time elections are announced by the Commission, Ministers and other authorities shall not a) announce any financial grants in any form or promises thereof; or b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or c) make any promise of construction of roads, provision of drinking water facilities etc., or d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power." 4.

The Commission directs that there shall be a total ban on the transfer of all

officers/officials connected with the conduct of the elections. These include but are not restricted to: i)

The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers

ii)

Divisional Commissioners

548

iii)

The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections;

iv)

Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-divisional level Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28 A of the Representation of the People Act, 1951;

v)

The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard.

vi)

This ban shall be effective till the completion of the elections. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of elections in the State.

vii)

In those cases where transfer of an officer is absolutely necessary on account of administrative exigencies, the concerned State Government may with full justification approach the Commission for prior clearance.

5. In the case of bye-elections, the Model Code will apply to the whole of the district or districts in which the whole or part of any Parliamentary Constituency or Assembly Constituency going to the bye-election is included. 6.

The receipt of the letter may kindly be acknowledged.

549

ITEM NO. 267 Election Commission’s letter No. 437/6/24/2004Vol.II, dated 20.09.2004 addressed to the Secretary to the Govt. of India M/O Human Resource Development Shashtri Bhawan New Delhi-110001 Subject - Participation of Minister of Human Resource Development as a Chief Guest on the occasion of 91st convocation of Nagpur University to be held on 29th September 2004-Reg. With reference to a communication received from Sh. A. Kochar OSD to M/o Human Resource Development dated 14th September 2004 on the subject cited, I am directed to state that since Model Code of Conduct is in force throughout the State of Maharashtra, it may not be appropriate for the Minister of HRD to be Chief Guest in the Convocation ceremony of the Nagpur University.

550

ITEM NO. 268 Election Commission’s letter No. 437/6/2004-PLN-III (Vol-III), dated 21.09.2004 addressed to the Secretary to Government of India, Ministry of Communications & Information Technology, Department of Information Technology Subject - Proposal for providing discount of 60% to 90% of tariffs normally applicable by DoT and BSNL on the State Wide Area Networks and Internet for promoting e-governance - reg. I am directed to refer to your D.O. letter No. l(3)/04-EGD dated 15-9-2004 on the subject cited and to state that after due consideration, the Commission has decided that the provision of subsidy at this stage would be contrary to the provisions of the Model Code of Conduct.

I am further to state that the Ministry may be advised to defer the announcement till 13th October, 2004. However, preparatory work in this connection can be continued if not already done.

551

ITEM NO. 269 Election Commission’s letter No. 437/6/2004-PLN-III (Vol-III), dated 21.09.2004 addressed to the Secretary to Government of India, Ministry of Communications & Information Technology, Department of Telecommunications. Subject - Announcement of policy for broadband connectivity to increase the use of broadband for Internet access - reg. I am directed to refer to your D.O. letter No. 813-7/2003-LR(Pt) dated 16-9-2004 on the subject cited and to state that after due consideration, the Commission has decided that in principle the policy could be announced. However, in view of Model Code of Conduct, the Ministry may be advised to refrain from issuing press advertisements, etc. in this regard which may await till the completion of elections.

552

ITEM NO. 270 Election Commission’s letter No. 437/6/25/2004/PLN-III, dated 27.09.2004 addressed to Shri R. Kaul, Group Captain, President, Central Airmen Selection Board, Brar Square, Delhi Cantt-10 Subject: - Conduct of Recruitment Rally at AF Station Cottongreen, Mumbai from 18-21st October 2004 reg. I am directed to refer to your letter no.CASB/1700/1/6/6 ASC/Sectt dated 24th September 2004 on the subject cited and to state that publication of advertisement regarding recruitment rally may be deferred till the completion of election in the State.

553

ITEM NO. 271 Election Commission’s letter No. 437/6/2004/PLN-III, dated 28.09.2004 addressed to the Cabinet Secretary, Cabinet Secretariat and the Chief Electoral Officers of Arunachal Pradesh, Maharashtra, Andhra Pradesh, Assam; Bihar, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Madhya Pradesh, Manipur, Nagaland, Punjab, Rajasthan, Uttaranchal, Uttar Pradesh, West Bengal and N.C.T. of Delhi Subject: - Celebration of Gandhi Jayanti - participation of political functionaries I am directed to state that the Gandhi Jayanti falls on 2 nd October, 2004 and will be celebrated throughout the country. The Commission has considered all the relevant factors in view of the ensuing General Election to the Legislative Assemblies of Arunachal Pradesh and Maharashtra and certain bye-elections and has decided that Central Ministers / Chief Ministers / Ministers in the States can participate in the Celebration of Gandhi Jayanti subject to the condition that the theme of their speeches should be confined only to the extolling deeds and achievement of Mahatma Gandhi and utmost care should be taken to ensure that no political speeches highlighting the achievements of party in power are made on the occasion. Under no circumstances, it should become a platform for political campaign. Messages if any, issued in the name of Ministers should be confined to the theme of Mahatma Gandhi only and should carry no photograph of the concerned Minister.

The above instructions may be brought to the notice of all concerned for strict compliance. Kindly acknowledge the receipt.

554

ITEM NO. 272 Election Commission’s letter No. 437/6/2004/PLN-III, dated 29.09.2004 addressed to Shri R. Dayakar, Joint Secretary (GD & Haj), Ministry of External Affairs, Government of India, South Block, New Delhi. Subject: - Statement regarding Haj Subsidy. I am directed to refer to your letter No. M/Haj/1183/24/2004, dated September 28, 2004 and to state that the Commission has desired that the Government may defer decision in respect of reintroduction of subsidy for Haj travel, etc. till the completion of the poll in Maharashtra on 13th October, 2004.

555

ITEM NO. 273 Election Commission’s letter No. 437/6/28/2004/PLN-III, dated 29.09.2004 addressed to the Secretary to the Government of India, Ministry of Urban Development & Poverty Alleviation, Department of Urban Development & Poverty Alleviation Subject: Placing of advertisement on the World Habitat Day in the National Dailies on 4th October, 2004. I am directed to refer to your letter No.1706-D/Dir (UPA), dated 28th September, 2004 on the above subject and to inform you that the fife Commission has no objection to the release of the advertisements subject to the following conditions:(i)

The advertisement should not contain any photograph of the concerned Minister

(ii)

Any reference to a political party or parties as alliance should be avoided;

(iii)

It should not be published in the dailies being published from the cities of Mumbai and Kolkata.

556

ITEM NO. 274 Election Commission’s letter No. 437/6/2004/PLN-III, dated 04.10.2004 addressed to the President, Shiv Sena (Delhi Pradesh) Shiv Sena Bhawan, Main Shahdara Chowk, Delhi - 110032 Sub: - Complaints on violation of Model Code of Conduct. In continuation of Commission's letter of even no. dated 30th September, 2004 (enclosed). l am directed to refer to your representation dated 19.09.04 and to further state that the Commission has carefully considered the same and is of the view that the issues mentioned at points (i), (ii), (iv) & (v) do not merit to be considered as violation of the provision of the Model Code of Conduct by the party in power at the Centre. As regards the issue raised at point (iii), the Commission has obtained a report on the grant of subsidy to the Haj pilgrimage from the Central Government and has directed that the decision on the said matter may be deferred till 13 th October, 2004 i.e. the date of poll in Maharashtra. Copy ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-1 Dated 30th September 2004

No. 437/6/2004/PLN-III To The President Shiv Sena (Delhi Pradesh), Shiv Sena Bhawan, Main Shahdara Chowk, Delhi – 1100032

Sub: - Complaints on violation of model code of conduct. I am directed to acknowledge the receipt of your letter no. SSD/28/27/04 dated 19-9-04 and to say that the matter is under consideration of the Commission. Yours faithfully, Sd./(K.N. BHAR) UNDER SECRETARY

557

ITEM NO. 275 Election Commission’s letter No. 437/6/Textile/2004-PLN-III, dated 07.10.2004 addressed to the Development Commissioner (Handicrafts) & Ex-officio Joint Secretary, Ministry of Textiles, Govt. of India Subject: -

Application of Model Code of Conduct.

I am directed to refer to your D. O. No. J-12012/43/2004-05/DS dated 5 th October, 2004 and to state that the Commission has no objection for holding Press Preview Shows on 7th October, 2004, subject to condition that officials may hold the briefing and advertisements, if they are issued are confined to broad policy objectives and do not contain photographs of Ministers.

558

ITEM NO. 276 Election Commission’s letter No. 437/6/2004/PS-IIl, dated 07.10.2004 addressed to the Cabinet Secretary, Cabinet Secretariat, Rashtrapati Bhawan, New Delhi-110 004 Sub: - Setting up of National Commission for the Welfare of Socially and Economically Backward Sections among Religious and Linguistic Minorities. I am directed to refer to the Commission's letter of even number, dated th

30 September, 2004 and the response received from the Ministry of Social Justice and Empowerment, Government of India, vide their letter No. l-ll/2004-MC(D), dated 1.10.2004 on the above subject. It has been contended by the Ministry that the decision of the Central Government to constitute the National Commission for the Welfare of Socially and Economically Backward Sections among Religious and Linguistic Minorities does not amount to a violation of the Model Code of Conduct on the ground that setting up of such a Commission was in continuation of the President's Address to both Houses of the Parliament on 7th June, 2004. 2.

The Model Code of Conduct has been framed to ensure a level playing field

for all contestants. While the code does not prevent normal Governmental functioning, it prohibits taking of those decisions that would have an impact in influencing certain sections of the electorate thus providing unfair advantage to the party in power and thereby disturbing the level playing field between the parties. 3.

Items covered in the Common Minimum Programme or the President's

Address are the statements of intent of the party in power or the Government, but it is the Cabinet decision on the respective issues that translates the intent to an implementable /actionable matter. The decision of the Government, therefore, announced through the Press on 29th September, 2004 for the setting up of the National Commission for the Welfare of Socially and Economically Backward Sections among Religious and Linguistic Minorities at this juncture when elections are being held in two states of the country gives the impression of being aimed at influencing some sections of the electorate. 4.

Commission finds it appropriate to mention here that on the issue of

changing the policy on subsidy for Haj travel, the Commission's views were formally obtained and the consideration of the item was deferred on the advice of the 559

Commission. This issue of setting up a National Commission had the same potential for influencing a section of the voters but the matter was not referred to the Election Commission for its views. The Commission is emphatically of the view that the decision on the constitution of the National Commission for the Welfare of Socially and Economically Backward Sections among Religious and Linguistic Minorities should also have been deferred till the date of poll, 13 th October, 2004. The Commission hopes that such lapses would be avoided in future.

560

ITEM NO. 277 Election Commission’s letter No. 437/6/Misc./2004 -PLN III, dated 08.10.2004 addressed to the Secretary to the Govt. of India, Department of Family Welfare, M/o Health & Family Welfare Subject: - Advertisement for Pulse Polio Campaign- clarification reg. I am directed to refer to your D.O. letter no. J-130/10/2004-IEC dated 7th October, 2004 addressed to the Deputy Election Commissioner and to state that the Commission has no objection to the release of the advertisement as per sample enclosed with the letter referred to above. However the photographs of the Political leaders may be avoided in the advertisement if it is being issued in the states going for bye-elections.

561

ITEM NO. 278 Election Commission’s letter No. 437/6/1/2004-PLN III, dated 23.11.2004 addressed to the Chief Secretary to the Government of Bihar and Jharkhand and the Chief Electoral Officer of Bihar, Haryana and Jharkhand Subject: General Elections to the Legislative Assemblies of the States of Bihar, Haryana and Jharkhand - Posting of officers As you are aware that General Elections to the Legislative Assemblies of the States of Bihar, Haryana and Jharkhand have to be held shortly, and that the Commission, in its task of conducting free and fair elections, has followed the consistent policy to ensure that officers, who are connected with the conduct of elections in the States, do not serve in their home districts. 2.

The Commission has therefore decided that no officer connected with

elections should be allowed to continue in his/her home district. These instructions will not only cover officers appointed for specific election duties like District Election Officers, Returning Officers-and Assistant Returning Officers but other district level officers like Additional District Magistrates, Deputy Collectors and Sub-Divisional Magistrates, Tehsildars etc. As far as officers in the Police Department are concerned, these instructions shall be applicable to range IGs, DIGs, SSPs, SPs and Sub-Divisional Heads of Police and officers-in-charge of police station (whether in the rank of inspector or sub-inspector). A detailed review, therefore, may be conducted in all districts and in case any such officer is posted in the Home District, he/she should be moved out immediately. While carrying out this review it must be borne in mind that these instructions do not apply to officers posted at the State headquarters. 3.

The Commission further desires that a separate review may be made in

respect of officers of the above category to list out those who have completed more than three years of stay during the last four years in the same district irrespective of the fact whether they are deployed in their home district or not, and such officers may also be moved out of their present districts but while doing so care should be taken that they are not posted to their home districts. While calculating the period of three years, promotion to a post within the district is to be counted. 4.

The Commission further desires that the officers against whom Commission

has recommended disciplinary action or who has been transfered under the orders 562

of the Commission for any lapse in election or election related work previously may not be assigned any election duty. 5. Commission's policy is conveyed at this stage prior to the formal announcement of the elections to ensure that the State Government take necessary steps to transfer the officers falling in the categories specified above early. If steps are taken immediately then large-scale dislocation of officers immediately after the announcement would not be necessary. 6. The transfer of officers entrusted with the work relating to revision of electoral rolls may be affected only after final publication of electoral rolls. 7. Further, while implementing the above directions, the Commission desires that the Chief Electoral Officer of the State shall be invariably consulted while posting the new persons in place of present incumbents who are transferred as per this policy of the Commission. 8. Details of the action taken may be intimated to the Commission for its information latest by 20.12.2004

563

ITEM NO. 279 Election Commission’s letter No. 437/6/2004-PLN III, dated 17.12.2004 addressed to the Cabinet Secretary Government of India, the Secretary to the Government of India, Department of Programme Implementation, the Chief Secretaries to the Governments of Bihar, Haryana & Jharkhand and the Chief Electoral Officers of Bihar, Haryana and Jharkhand Subject: - Release of funds under MPs' / MLAs' Local Area Development Scheme. I am directed to refer to the Commission's Press Note dated 17th December, 2004 as per which the Commission has announced the operation of the Model Code of Conduct for the Guidance of the Political Parties and Candidates. 2.

The Commission has considered the release of funds under the Member

of Parliament Local Area Development Schemes and has decided thata) No fresh release of funds under the Member of Parliament (including Rajya Sabha members) Local Area Development fund shall be made in any part of the country where elections are in progress. Similarly no fresh release of funds under the MLAs'/MLCs' Local Area Development Fund shall be made, if any such scheme is in operation, till the completion of election process. b) No work shall start in respect of which work orders have been issued before the issue of this letter but the work has actually not started in the field. These works can start only after the completion of election process. However, if a work has actually started, that can continue. c) There shall be no bar to the release of payments for completed work(s) subject to the full satisfaction of the concerned officials.

564

ITEM NO. 280 Election Commission’s letter No. 437/6/2004-PLN III, dated 17.10. 2004 addressed to the Cabinet Secretary Government of India, the Chief Secretaries to the Governments of Bihar, Haryana and Jharkhand and the Chief Electoral Officers of Bihar, Haryana and Jharkhand Subject: - Application of Model Code of Conduct I am directed to say that the Commission has announced the schedule of General Elections to State Legislative Assemblies of Bihar, Haryana and Jharkhand. A copy of the Press Note is enclosed. 2.

With this announcement the provisions of the Model Code of Conduct for the

Guidance of the Political Parties and Candidates have come into force with immediate effect. This may be brought to the notice of the Government, all Ministries and Departments and all other offices both at the Center and concerned States. 3.

Your particular attention is drawn to clause VII (vi) of Model Code, which, inter-

alia, states:"From the time elections are announced by the Commission, Ministers and other authorities shall not (a)announce -any financial grants in any form or promises thereof; or (b)(except civil servants) lay foundation stones etc. of projects or schemes of any kind; or (c)make any promise of construction of roads, provision of drinking water facilities etc.; or (d)make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power." 4. The Commission directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the elections. These include but are not restricted to: i)

The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers;

ii)

Divisional Commissioners;

565

iii)

The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections;

iv)

Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-divisional level Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951;

v)

The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard.

vi)

This ban shall be effective till the completion of the elections. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of elections in the State.

vii)

In those cases where transfer of an officer is absolutely necessary on account of administrative exigencies, the concerned State Government may with full justification approach the Commission for prior clearance.

5.

The receipt of the letter may kindly be acknowledged.

566

ITEM NO. 281 Election Commission’s letter No. 437/6/2004-PLN III, dated 24.12.2004 addressed to the Chief Secretaries/Chief Electoral Officers of Bihar & Jharkhand Subject: - Display of advertisements and hoardings at the cost of public exchequer. It has come to the notice of the Commission that a number of hoardings depicting the achievements of the party in power are displayed during the run up to the elections by the State Government/Union Government at the cost of public exchequer. Your attention is invited to sub-para (iv) of para VII - 'Party in Power'- of the Model Code of Conduct for the Guidance of Political Parties and Candidates which is as under: "The party in power whether at the Centre or in the States/UTs concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular(iv)

Issue of advertisement at the cost of public exchequer in the newspapers and

other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided." 2.

With the announcement of the schedule of elections to the Legislative

Assemblies of Bihar, Haryana and Jharkhand on 17th December, 2004, the Model Code of Conduct came into force immediately. The continuing display of such hoardings and advertisements at the cost of public exchequer, even if such hoardings, advertisements or posters were displayed prior to the date of announcement of elections, constitutes a violation of the Model Code of Conduct as it provides an undue advantage to the party in power and has the effect of influencing the voters in favour of the party in power. 3.

The Commission has directed that those hoardings, advertisements, etc., put up

by the Government which purport to give general information or convey general messages to the masses on family planning, social welfare schemes etc. may be allowed to be displayed.

However, all those hoardings, advertisements, etc. which seek or

purport to project the achievements of any living political functionaries or political party and which carry their photos or name or party symbol should be removed forthwith as 567

no political functionary or political party can use public resources and incur or authorize expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader's personal image. Such hoardings, etc. undoubtedly amount to their individual/party election campaign at public cost. 4. The Commission has also directed that no advertisements should hereafter be issued in the newspapers and other media, including electronic media, at the cost of public exchequer during the election period and the misuse of mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power should be scrupulously avoided. 5. All Departments/Offices of the State Government may be informed of this directive of the Commission for immediate compliance. 6.

The receipt of this letter may be acknowledged.

568

ITEM NO. 282 Election Commission’s letter No. 437/6/2004-PLN III, dated 24.12.2004 addressed to the Chief Secretary to the Govt. of Haryana and the Chief Electoral Officer of Haryana Subject: - Display of advertisements and hoardings at the cost of public exchequer. It has come to the notice of the Commission that a number of hoardings depicting the achievements of the party in power are displayed during the run up to the elections by the State Government/Union Government at the cost of public exchequer. Your attention is invited to sub-para (iv) of para VII - 'Party in Power'- of the Model Code of Conduct for the Guidance of Political Parties and Candidates which is as under: "The party in power whether at the Centre or in the States/UTs concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular (iv)

Issue of advertisement at the cost of public exchequer in the newspapers and

other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided." 2.

With the announcement of the schedule of elections to the Legislative Assemblies

of Bihar, Haryana and Jharkhand on 17th December, 2004, the Model Code of Conduct came into force immediately. The continuing display of such hoardings and advertisements at the cost of public exchequer, even if such hoardings, advertisements or posters were displayed prior to the date of announcement of elections, constitutes a violation of the Model Code of Conduct as it provides an undue advantage to the party in power and has the effect of influencing the voters in favour of the party in power. 3.

The Commission is conscious of the observations made in the interim order dated

th

8 April, 2004, of the Hon'ble High Court of Punjab and Haryana in the Civil Writ Petition No.4590 of 2004- National Consumer Awareness Group Versus Election Commission of India which is pending before the High Court. The Hon'ble Court has observed "that those hoardings which were in existence either by the party in power or by any other political party on 30.11.2003 which is three months prior to 29.2.2004 the day on which the Model Code of Conduct came into force as 569

declared by Respondent No. 1 (i.e. Election Commission of India) shall not be coerced to remove by Respondent No. l and/or by the State of Punjab, State of Haryana

and

Union

Territory,

Chandigarh.

It

is

clarified

that

instructions/direction issued by Respondent No. l for removal of existing hoardings for the period 1st December, 2003 onwards appears to be prima-facie valid." 4.

In due deference to the above observation of the Hon'ble Court, the Commission

has directed that those hoardings, advertisements, etc., put up by the Government which purport to give general information or convey general messages to the masses on family planning, social welfare schemes etc. may be allowed to be displayed. However, all those hoardings, advertisements, etc. which seek or purport to project the achievements of any living political functionaries or political parties and which carry their photos or name or party symbol should be removed forthwith as no political functionary or political party can use public resources and incur or authorize expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader's personal image. Such hoardings, etc. undoubtedly amount to their individual/party election campaign at public cost. 5. The Commission has also directed that no advertisements should hereafter be issued in the newspapers and other media, including electronic media, at the cost of public exchequer during the election period and the misuse of mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power should be scrupulously avoided. 6. All Departments/Offices of the State Government may be informed of this directive of the Commission for immediate compliance. 7.

The receipt of this letter may be acknowledged.

570

ITEM NO. 283 Election Commission’s letter No. 437/6/24/2004-PLN III (Vol. 1), dated 24.12.2004 addressed to the Secretary to the Govt. of India, Ministry of Human Resource Development, Subject: Application of Model Code of Conduct- Participation for Minister of HRD at the Death Anniversary function of Late Raja Jait Singh on 24th December 2004, at Nimka, Faridabad, Haryana-Regarding I am directed to refer to your letter on above mentioned subject and to state that Hon'ble Minister can participate in function in his private capacity, if this function is private and no Government institution is associated with it. During his visit Hon'ble Minister should not meet any official and no official protocol is extended. However, necessary security may be allowed with him.

571

ITEM NO. 284 Election Commission’s letter No. 437/6/2004-PLN III, dated 28.12.2004 addressed to the Cabinet Secretary Government of India, the Chief Secretary to the Government of Rajasthan and the Chief Electoral Officer, Rajasthan Subject: - Application of Model Code of Conduct I am directed to say that the Commission has announced the schedule of ByeElection to Rajasthan Legislative Assembly from 186- Luni Assembly Constituency. A copy of the Press Note is enclosed. 2.

With this announcement the provisions of the Model Code of Conduct for the

Guidance of the Political Parties and Candidates have come into force with immediate effect in the district(s) in which the Constituency going to bye poll is wholly or partially comprised. This may be brought to the notice of the Government, all Ministries and Departments and all other offices both at the Center and concerned States. 3.

Your particular attention is drawn to clause VII (vi) of Model Code, which, inter-alia.

states :"From the time elections are announced by the Commission. Ministers and other authorities shall not (a)announce any financial grants in any form or promises thereof; or (b)(except civil servants) lay foundation stones etc. of projects or schemes of any kind; or (c)make any promise of construction of roads, provision of drinking water facilities etc.: or (d)make any ad-hoc appointments in Government. Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power." 4.

The Commission directs that there shall be a total ban on the transfer of all

officers/officials connected with the conduct of the elections. These include but are not restricted to: i)

The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers;

ii)

Divisional Commissioners;

iii)

The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections;

572

iv)

Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-divisional level Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951;

v)

The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard.

vi)

This ban shall be effective till the completion of the elections. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of elections in the State.

vii)

In those cases where transfer of an officer is absolutely necessary on account of administrative exigencies, the concerned State Government may with full justification approach the Commission for prior clearance.

5.

The receipt of the letter may kindly be acknowledged. COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashok Road, New Delhi - 110 001

F.No.ECIPN/49/2004/MCPS 2004

Dated

25th

December,

PRESS NOTE Subject: - Schedule for bye-election from 186-Luni Assembly Constituency in the State of Rajasthan to fill casual vacancy in Legislative Assembly of that State. The seat of Shri Ram Singh Bisnoi elected to the Legislative Assembly of Rajasthan from 186-Luni Legislative Assembly, has fallen vacant on 22 nd October, 2004 by reason of his death. The above mentioned vacancy is a clear vacancy and is not subject to any election petition or appeal pending in any court. The Commission, after taking all factors into consideration, has decided that the schedule for holding the above mentioned bye-election shall be as follows:

573

1. 2. 3. 4. 5. 6. 7. 8.

Announcement Issue of Notifications Last Date for making nominations Scrutiny of Nominations Last date for the withdrawal Date of Poll Counting of votes Date before which the election shall be completed

: 25th December, 2004 (Saturday) : 30th December, 2004 (Thursday) : 06th January, 2005 (Thursday) : 07th January, 2005 (Friday) : 10th January, 2005 (Monday) : 24th January, 2005 (Monday) : 28th January, 2005 (Friday) : 31st January, 2005 (Monday)

ELECTRONIC VOTING MACHINES:The Commission has decided to use EVMs in this bye-election in all the polling stations. Adequate numbers of EVMs have been made available to the state and all steps have been taken to ensure that the poll is conducted smoothly with the help of these machines. IDENTIFICATION OF VOTERS:In consonance with the past practice, the Commission has decided that compulsory identification of voters will be made in the aforementioned bye-election. In order to ensure that no voter is deprived of his/her franchise, if his/her name figures in the Electoral Fells, separate instructions are being issued to allow additional documents of identification of voters in the said Assembly Constituency. MODEL CODE OF CONDUCT:The Model Code of Conduct comes into force with immediate effect, i.e., from today, 25th December, 2004. The Model Code of Conduct will apply in the whole of the Jodhpur district of Rajasthan. This will be applicable to all Political Parties and to the State and Union Government as far as this district is concerned.

Sd./(K.R. PRASAD) SECRETARY

574

ITEM NO. 285 Election Commission’s letter No. 437/6/2004-PLN III, dated 28.12.2004 addressed to the Cabinet Secretary Government of India, the Secretary to the Government of India, Department of Programme Implementation and the Chief Secretary/Chief Electoral Officer, Rajasthan, Jaipur Subject: - Release of funds under MPs’/ MLAs' Local Area Development Scheme. I am directed to refer to the Commission's Press Note dated 25th December. 2004 as per which the Commission has announced the operation of the Model Code of Conduct for the Guidance of the Political Parties and Candidates in the district(s) in which the Constituency going to bye poll is wholly or partially comprised.

2.

The Commission has considered the release of funds under the Member of

Parliament Local Area Development Schemes and has decided that-

a) No fresh release of funds under the Member of Parliament (including Rajya Sabha members) Local Area Development fund shall be made in any part of the country where elections are in progress. Similarly no fresh release of funds under the MLAs'/MLCs' Local Area Development Fund shall be made, if any such scheme is in operation, till the completion of election process. b) No work shall start in respect of which work orders have been issued before the issue of this letter but the work has actually not started in the field. These works can start only after the completion of election process. However, if a work has actually started, that can continue. c) There shall be no bar to the release of payments for completed work(s) subject to the full satisfaction of the concerned officials.

575

ITEM NO. 286 Election Commission’s letter No. 437/6/2004-PLN III, dated 30.12.2004 addressed to the Cabinet Secretary, Govt. of India, the Chief Secretaries to the Governments of All States & Union Territories and the Chief Electoral Officers of All States & Union Territories Subject: - Model Code of Conduct-Ban on Video Conferencing- Regarding I am directed to refer to Commission's letter no. 437/6/96/PLN-III dated 17 th January, 1996 (Copy Enclosed) and to state that the Commission has considered the issue of video conferencing after the announcement of elections between the Chief Minister of the States, Ministers and other political functionaries of the Union and State Governments and the officials and decided that no video conferencing should take place between the Chief Ministers of the States, Ministers and other political functionaries of the Union and State Governments and the officials individually or collectively, after the announcement of elections and from the date from which Model Code of Conduct comes into force in a state or the constituency.

The receipt of the letter may kindly be acknowledged.

576

ITEM NO. 287 Election Commission’s letter No. 437/6/33/2004/PLN-III, dated 31.12.2004 addressed to the Secretary to the Government of India, Ministry of Road Transport and Highways Subject: - General Election to State Legislative Assemblies of Bihar, Jharkhand and Haryana, 2005 - applicability of Model Code of Conduct - reg. I am directed to refer to your letter No. RW/NH-12014/33/2003/BR/NH-3 dated 28th December, 2004 and to state that the Commission has considered the matter carefully and has decided that the sanctions for routine maintenance and repair of damaged stretches of National Highways may continue. However, no fresh sanctions may be issued or no new work initiated even if sanctioned for improvement/development of existing stretches of National Highways as provided in Ministry's Annual Plan till the Model Code of Conduct is applicable in the states going to the polls.

577

ITEM NO. 288 Election Commission’s letter No.437/6/2005-PLN III(Vol. II), dated 03.09.2005, addressed to the Cabinet Secretary, Government of India, the Chief Secretary/Chief Electoral Officer of Bihar, Patna Subject: Application of Model Code of Conduct- Legislative Assembly Election -2005- Bihar I am directed to refer to say that the Commission has announced the schedule of General Election to the State Legislative Assembly of Bihar. A copy of the Press Note is enclosed. 2. With this announcement, the provisions of the Model Code of Conduct for the Guidance of the Political Parties and Candidates have come into force with immediate effect. This may be brought to the notice of the Government, all Ministries/Departments and a l l other offices of the Union Government and the State Government of Bihar. 3. Your particular attention is drawn to clause VII ( v i ) of Model Code, which, interalia states:“From the time elections are announced by the Commission. Ministers and other authorities shall not – a) Announce any financial grants in any form or promises thereof: or b) (Except civil servants) lay foundation stones etc. of projects or schemes of any kind: or c) Make any promise of construction of roads, provision of drinking water facilities etc.: or d) Make any ad-hoc appointments in Government. Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power.” 4. The Commission directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the election. These include but are not restricted to: (i)

The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers:

(ii)

Divisional Commissioners:

(iii)

The District Election Officers. Returning Officers. Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections:

(iv)

Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police. Sub578

divisional level Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951:

5.

(v)

The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented t i l l date should not be given effect to without obtaining specific permission from the Commission in this regard.

(vi)

This ban shall be effective t i l l the completion of the election. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of election in the State.

(vii)

In those cases where transfer of an officer is necessary on account of administrative exigencies, the State Government may with full justification approach the Commission for prior clearance.

The receipt of the letter may kindly be acknowledged.

579

ITEM NO. 289 Election Commission’s letter No.437/6/2005 PLN-III, dated 10.09.2005 addressed to the Cabinet Secretary, Cabinet Secretariat, & the Chief Secretary/Chief Electoral Officer, Bihar, Patna Subject: Model Code of Conduct- Display of advertisements and hoardings-Use of Rest Houses. Dak Bungalows - Celebration of Gandhi Jayanti during General Election to the Legislative Assembly of Bihar -InstructionsRegarding The Commission vide its Press Note No. ECI/PN/2005 Dated 3 rd September 2005 has since announced the schedule of General Election to the Legislative Assembly of Bihar. On the subject cited above. I am directed to invite your kind attention to the Commission letter no. 437/6/2004-PLN-III Dated 24 t h Dec ember. 2004. 43 7/6/3 8/2004/PLN-III Dated 6th April, 2004 and 437/6/96/PLN-III Dated 28th September, 2004 and to state that instructions shall be applied mutatis-mutandis during General Election of Bihar Legislative Assembly. Kindly acknowledge receipt. COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 24th December, 2004

No. 437/6/2004-PLN HI To The Cabinet Secretary, Govt. of India, Rashtrapati Bhawan, New Delhi

Subject: - Display of advertisements and hoardings at the cost of public exchequer. It has come to the notice of the Commission that a number of hoardings depicting the achievements of the party in power are displayed during the run up to the elections by the State Government/Union Government at the cost of public exchequer. Your attention is invited to sub-para (iv) of para VII - 'Party in Power'- of the Model Code of Conduct for the Guidance of Political Parties and Candidates which is as under: "The party in power whether at the Centre or in the States/UTs concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular580

(iv) Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided." 2. With the announcement of the schedule of elections to the Legislative Assemblies of Bihar, Haryana and Jharkhand on 17th December, 2004, the Model Code of Conduct came into force immediately. The continuing display of such hoardings and advertisements at the cost of public exchequer, even if such hoardings, advertisements or posters were displayed prior to the date of announcement of elections, constitutes a violation of the Model Code of Conduct as it provides an undue advantage to the party in power and has the effect of influencing the voters in favour of the party in power. 3. The Commission has directed that those hoardings, advertisements, etc., put up by the Government, which purport to give general information or convey general messages to the masses on family planning, social welfare schemes etc. may be allowed to be displayed. However, all those hoardings, advertisements, etc. which seek or purport to project the achievements of any living political functionaries or political party and which carry their photos or name or party symbol should be removed forthwith as no political functionary or political party can use public resources and incur or authorize expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader's personal image. Such hoardings, etc. undoubtedly amount to their individual/party election campaign at public cost. 4. The Commission has also directed that no advertisements should hereafter be issued in the newspapers and other media, including electronic media, at the cost of public exchequer during the election period and the misuse of mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power should be scrupulously avoided. 5. All Ministries/Departments/Offices of the Central Government may be informed of this directive of the Commission for immediate compliance. 6.

The receipt of this letter may be acknowledged. Yours faithfully, (A.K. Majumdar) Secretary COPY ELECTION COMMISSION OF INDIA Niravachan Sadan, Ashoka Road, New Delhi - 110001 Dated 6th April, 2004

No. 437/6/38/2004-PLN-III To 1.The Chief Secretaries to all the States and Union Territories, 581

2.Chief Electoral Officers of all the States and Union Territories. Subject: Model Code of Conduct- Use of Rest Houses, Dak Bungalows and other Government accommodation. The Commission has received representations regarding implementation of the provisions on allotment and use of rest houses, dak bungalows and other Government accommodations in a non-uniform manner in violation of the model code of conduct in different States and Union Territories. The Commission after considering various account all relevant factors has decided that the of conduct should be implemented in letter accommodation should be allotted in a fair and portions are as below:

issues involved and taking into relevant provision of model code and spirit and the available equitable manner. The relevant

Item VIL Party in Power: (iii) rest houses, dak bungalows or other Government accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda. It shall be ensured that no functionary can use the Circuit House, Dak bungalow to set up campaign office as the Circuit Houses/Dak bungalows are only for temporary stay (boarding and lodging) during transit of such functionaries. The Commission has further directed that: (i)

Even casual meeting by Members of political parties inside the premises of the Government owned guesthouse etc. are not permitted and any violation of this shall be deemed to be a violation of the Model Code of Conduct.

(ii)

Only the vehicle carrying the person allotted accommodation in the guest house and not more than two other vehicles, if used by the person, will be permitted inside the compound of the Guest House.

(iii)

Rooms should not be made available for more than 48 hours to any single individual.

However, 48 hours before the close of poll in any particular area, there will be freeze on such allocations till completion of poll or re-poll. The Commission directs that the Chief Electoral Officers will oversee strict and impartial implementation of these guidelines.

582

Copy to the Secretary to Government of India, Ministry of Agriculture, Krishi Bhawan, New Delhi-01 with reference to his fax message dated 01.03.2004.

583

COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 28th September, 2004.

No. 437/6/2004/PLN-III To 1.The Cabinet Secretary, Cabinet Secretariat. Rashtrapati Bhawan, New Delhi. 2.The Chief Electoral Officers of 1) Arunachal Pradesh 2) Maharashtra 3) Andhra Pradesh 4) Assam 5) Bihar 6) Goa 7) Gujarat 8) Himachal Pradesh 9) Jammu & Kashmir 10) Karnataka

11) 12) 13) 14) 15) 16) 17) 18) 19)

Madhya Pradesh Manipur Nagaland Punjab Rajasthan Uttaranchal Uttar Pradesh West Bengal N.C.T. of Delhi

Subject: Celebration of Gandhi Jayanti - participation of political functionaries I am directed to state that the Gandhi Jayanti falls on 2nd October. 2004 and will be celebrated throughout the country. The Commission has considered all the relevant factors in view of the ensuing General Election to the Legislative Assemblies of Arunachal Pradesh and Maharashtra and certain bye-elections and has decided that Central Ministers / Chief Ministers / Ministers in the States can participate in the Celebration of Gandhi Jayanti subject to the condition that the theme of their speeches should be confined only to the extolling deeds and achievement of Mahatma Gandhi and utmost care should be taken to ensure that no political speeches highlighting the achievements of party in power are made on the occasion. Under no circumstances, it should become a platform for political campaign. Messages if any, issued in the name of Ministers should be confined to the theme of Mahatma Gandhi only and should carry no photograph of the concerned Minister.

584

The above instructions may be brought to the notice of all concerned for strict compliance. Kindly acknowledge the receipt. Yours faithfully, (A.K. MAJUMDAR) SECRETARY

585

ITEM NO. 290 Election Commission’s letter No.437/6/2006 PLN-III (Vol.III), dated 16.03.2006 addressed to Dr. Renuka Viswanathahan, Secretary to the Govt. of India, Ministry of Rural Development, Dept. of Rural Development, New Dehi and copy to the Chief Electoral Officers of all Sates and Union Territories for appropriate action Subject: Implementation of National Rural Employment Guarantee Act (NREGA) Application of Model Code of Conduct - Regarding I am directed to refer to your D.O. letter No.28012/11/05-06-NREGA dated 7 th March 2006 on the above mentioned subject and to state that the Commission has reconsidered the matter and decided now as under:1. The Ministry of Rural Development shall not increase the number of districts in which NREGA is being implemented after announcement of elections in any State/UT. 2. The job card holder will be provided employment, if they demand work, after announcement of elections in the ongoing works. 3. In case no employment can be provided in ongoing works, the competent Authority may start new work(s) from the shelf of projects that has been approved and inform the fact to concerned District Election Officer (DEO). No new work shall be started by the Competent Authority till such time employment can be given in ongoing works. In case no shelf of project is available or all works available on shelf have been exhausted then concerned Competent Authority shall make a reference to the Commission for approval through the concerned DEO. The Competent Authority shall also furnish a certificate to DEO to the effect that the new work has been sanctioned as no employment can be given to the job card holder in the ongoing work. Responsibility for following these instructions shall lie with the Authority sanctioning new work. 4. The Commission's instruction communicated vide its letter of even No dated 7th February,2006 shall now stand withdrawn.

586

ITEM NO.291 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Secretary to Govt. of Tamil Nadu and copy to the Chief Electoral Officer, Tamil Nadu.

Subject :

General Election to Tamil Nadu Legislative Assembly Application of Model Code of Conduct in letter and spirit.



Kindly refer to my earlier letter no. PS/AK/2006 dated March 6, 2006 regarding the implementation of the Model Code of Conduct. The Commission has received non-specific complaints that in certain cases the State Government of Tamil Nadu is going ahead with execution of agreements for the new projects, making allotment of land, extending the scope of existing schemes in violation of the Model Code of Conduct. The Commission has directed me to convey that as the head of the permanent executive of the State, it is your responsibility to ensure that the Model Code of Conduct is followed in letter and spirit and no violation is done by any organ of the State Government. The Commission has asked me to request you to ensure that the Model Code of Conduct is implemented in letter and spirit and to bring to the notice of the Commission at the earliest if any violation is made. With kind regards,

587

ITEM NO.292 Election Commission’s D.O. letter No. 437/6/2006-PLN-III (Vol.-II), dated 20.03.2006 addressed to the Cabinet Secretary, Govt. of India, Chief Secretaries and Chief Electoral Officers of all States and Union Territories Subject : Application of Model Code of Conduct I am directed to forward herewith Commission’s instruction No.437/6/2006-PLN III (Vol-II) dated 14th March, 2006 for information and compliance. COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 14th March 2006

No.437/6/2006-PLN III )Vol.II) To The Secretary to the Govt. of India, Ministry of Finance North Block New Delhi-110001

(Kind Attn Aruna N. Gupta, IRS and OSD to MOS Finance) Subject:

General Election to the Legislative Assembly of Tamil Nadu-2006 – Application of Model Code of Conduct – Regarding.

Sir, I am directed to refer to your D.O. letter NO.09/OSD to MOS (F)/2006, dated 9th March 2006 and clarify as under :1. Frequent Flyer Points can be utilized by the Ministers, both of Central and State Governments, Members of Parliament, Member of Legislative Assemblies and other political functionaries for traveling to the States/Union Territories/Parliamentary and Assembly Constituencies where elections have been announced or are taking place.

588

2. No accommodation will be provided to any Minister of the Central or State Government, Members of Parliament or Members of Legislative Assemblies or political functionaries in Government Guest House or Rest House or Guest House of any Public Sector Undertaking of the Central or State /Government in the States where elections have been announced or are taking place as these are required to accommodate election related officials and observers. Yours faithfully, (K. AJAY KUMAR) SECRETARY

589

B. PAYMENT OUT OF DISCRETIONARY FUNDS AND MP/MLA LOCAL AREA DEVELOPMENT FUND

590

ITEM NO. 293 Election Commission's letter No. 576/17/84 dated 09.11.1984 to (1) The Cabinet Secretary, Government of India, Cabinet Secretariat, New Delhi. (2) The Chief Secretaries to the Government of all States and Union Territories. (3) The Secretary to the Government of India, Ministry of Home Affairs, New Delhi, and (4) all Chief Electoral Officers. Subject: Payments out of the discretionary funds on the eve of General Elections or Bye-Elections I am directed to State that the Supreme Court in Civil Appeal No. 1632 (NCE) of 1967 (Ghasi Ram Vs. Dal Singh and Others) had observed as follows:"Although we have held in this case that the action of the first respondent cannot be characterised as not innocent, we are constrained to say that the attitude of Government is far from laudable, Election is something which must be conducted fairly. To arrange to spend money on the eve of elections in different constituencies, although for general public good, if when all is said and done is evil practice, even if it may not be corrupt practice. The dividing line between an evil practice and corrupt practice is a very thin one. It should be understood that energy to do public good should be used not on the eve of elections but much earlier and that even slight evidence might change this evil practice into corrupt practice. Payments from discretionary grants on the eve of elections should be avoided." The Commission had earlier recommended to the Central and State Governments to issue necessary instructions so that ministers and other authorities do not sanction grants/payments out of the discretionary funds on eve of elections. The "Model Code of Conduct for the guidance of Political Parties, candidates and Governments" evolved by the Commission also inter alia is designed to discourage such grants/payments. The Central/State/Union Territory Government must have either issued suitable instructions or been following certain wholesome conventions in this regard. It is requested that these instructions or conventions may be observed both in letter and spirit at all elections - General or Bye-elections. 2.The Commission may please be informed of the action taken in the matter. 3.The earlier communication of the Commission in its letter No. 576/17/79 at the 1 0th October, 1979 may be treated as superseded. 4.The receipt of this letter may be acknowledged.

591

ITEM NO. 294 Election Commission letter No. 437/6/89 dated the 07.11.1989 to the Chief Electoral Officers of all States and Union Territories.

Sub: Payment from the discretionary Grants of Ministers on the eve of general elections - Regarding I am directed to forward herewith a copy of Ministry of Home Affairs, New Delhi, letter No. 26/4/89, Public dated 3rd November, 1989, on the above subject and to request you to insert the instructions in the booklet containing Consolidated Instructions of the Election Commission of India' and to treat it as a part of the standing instructions contained in that booklet. Kindly acknowledge receipt. No. 26/4/89, Public Government of India Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya, New Delhi To The Chief Secretary (All States and Union Territories) Dated 3rd November, 1989 Subject:

Payments from the Discretionary Grants of Ministers on the eve of Lok Sabha Election - Setting up of a convention

Sir, I am directed to refer to this Ministry's Confidential letter No. 26/4/84 Public dated 24-11 -1984 on the subject mentioned above and to request that the conventions referred to in this Ministry's Confidential letter No. 20/1 /77-FFG, dated the 28th January, 1977 (Copy with a copy of enclosures enclosed for ready reference) may kindly be strictly observed in view of the forthcoming Lok Sabha Election. No. 26/4/89-Public Dated 3-11 -1989 Copy forwarded for information to the Secretary, Election Commission, Nirvachan Sadan, Ashoka Road, New Delhi.

592

No. 20/1/77-FFG Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya, New Delhi Dated 28th January, 1977 To, The Chief Secretary (All States and Union Territories) Subject:

Payments from the Discretionary Grants of Ministers on the eve of Election -Setting up of a convention

Sir, I am directed to invite a reference to this Ministry's Confidential Circular letter No. 5/3/68-Poll..III dated 29th October, 1969 (copy enclosed) addressed to Chief Secretaries to the State Governments and Union Territory Administrations regarding payments by Ministers from their Discretionary Grants on the eve of Elections. In view of the impending elections to the Lok Sabha to be held in March, 1977,I am to request that the convention mentioned therein regarding avoidance of payments out of the Discretionary Grants immediately prior to elections except in cases where it becomes absolutely necessary on compassionate grounds may kindly be strictly observed.

No. 50/3/68-Poll III Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya, New Delhi, Dt. the 29th October, 1969 To, The Chief Secretary, (All States & Union Territories) Subject:

Supreme Courts observation Payments from the Discretionary Grants at the disposal of the Ministers on the eve of elections setting up of a convention

I am directed to invite a reference to the Election Commission's Circular letter No. 82/HN/24/67, dated June 25, 1968 addressed to all the Ministries of the Government of India and Chief Secretaries to the State Governments regarding payments of Ministers from their discretionary grants on the eve of elections. After a careful consideration of the Commission's suggestion, the Government of India have, decided that instead of making a provision in the rules regulating the disbursements from the Discretionary Grants, a convention should be adopted that for a period of three months 593

immediately prior to a polling in a general election mid-term election or bye-election in any constituency no expenditure should ordinarily be incurred from a Ministries Discretionary Grant. A copy of this Ministry's letter No.50/3/68-Poll.III, dated 28-10-1969 addressed to all the Secretaries to the Government of India is enclosed. The State Governments/Union Territories may wish to adopt a similar convention. D.O. No. 50/3/68-Poll. III Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralya, New Delhi Dated the 28th October, 1969 Secretary My dear....................................... Please refer to Election Commission's Circular letter No. 82/HN/24/67, dated June 25,1968 (Copy enclosed) addressed to all Ministries of the Government of India & Chief Secretaries to State Governments regarding payments by Ministers from their Discretionary Grants on the eve of elections. The Commission's suggestion that payments out of the discretionary grants on the eve of a countrywide general election, a mid-term general election or a bye-election should be avoided has been carefully considered, and Government agree with this suggestion. However, we consider that instead of making any specific provisions in the rules regulating disbursements from the Discretionary Grants, a convention should be evolved that for a period of three months immediately prior to the polling in a general election, midterm election or bye-election in any constituency no expenditure should ordinarily be incurred from a Minister's discretionary grant except in a case where it becomes absolutely necessary on compassionate grounds. 2.It is requested that this convention may be strictly observed in respect of the discretionary grants at the disposals of the Ministers. I shall be grateful if you put up this matter for the information of your ministers. 3.This issues with the approval of the Prime Minister. Your Sincerely, SdL.R SINGH To, All Secretaries to the Government of India

594

Copy

ELECTION COMMISSION OF INDIA Talkatora Road, New Delhi -1 No. 82/HN/24/67 1968

Dated the 5th June, Ashada 4, 1890 (Saka)

To 1.All the Ministries of the Government of India. 2.All the Chief Secretaries to the Governments of all the States/All Union Territories Administration. Subject:

Payments from discretionary funds on the eve of elections

Sir, I am directed to enclose a copy of the relevant extracts from the judgment of the Supreme Court in Civil Appeal No. 1632 (NCE) of 1967 against the order of the High Court for the States of Punjab and Haryana in election petition No. 24 of 1967 and to state that in the interest of purity of elections, the Commission is in respectful agreement with the view expressed by the Supreme Court that the distribution of money from the discretionary grants on the eve of an election should be avoided. Although such disbursement may be for the general public good, it is an evil practice even if it may not be a corrupt practice. The Court has observed that the dividing line between an evil practice and corrupt practice is a very thin one. It would be understood that the energy to do public good should be used not on the eve of elections but much earlier and that even slight evidence might change this evil practice into corrupt practice". 2. Similar pronouncements have been made by the Courts in certain other cases also. The relevant extracts from the judgments are reproduced below:(a)

Shri Khader Sheriff Vs. Munnuswami Gounder: (1955) (Supreme Court).

"It has been frequently pointed out that while it is meritorious to make a donation for charitable purposes, if that is made at the time, or on the eve of an election, it is open to the charge that its real object was to induce the electors to vote in favour of the particular candidate". (b) In the Wigan case, (2 O'M&H) Justice Bowen, J., one of the most noted judges of England in the second half of the nineteenth century had observed "In the second place, I wish to answer the suggestion that this was merely charity. Charity at election times ought to be kept by politicians in the background. No doubt the distress was great in Wigan at this time, and there was probably many a fireless and breedless house through out the town; but the persons who ought to have relieved the distress were not politicians of Wigan; they ought to 595

have stood aloof; they had another duty to discharge on that day and they could not properly discharge both duties at the same time. In truth, I think, it will generally be found that the feeling which distributes relief to the poor at the election time, though those who were the distributors may not be aware of it, is really not charity, but party feeling following in the steps of charity, wearing the dress of charity, and mimicking her gait." 3. While in the interest of the general good of the public it may be necessary to place discretionary grants at the disposal of the Ministers, certain restrictions should be imposed, either by providing in the rules governing the disbursement of the grants or otherwise, that payments out of the discretionary grants should not be made when a countrywide general election, or a mid-term general election or even a bye election is in prospect and in any case it should not be made after the notification calling any such election is issued. The rules may also require that the benefits are, as far as possible, uniformly distributed within the State and not utilized in a particular district or constituency alone. 4. The Commission desires that in the interest of fair and free elections certain healthy conventions should be introduced and if necessary, changes should also be made in the rules regulating the distribution of discretionary grants by Ministers so that no disbursement or promise of disbursement from the grant is made on the eve of an election. I am, therefore, to request that the observations made by the Supreme Court and the High Court of Punjab and Haryana may be brought to the notice of the authorities concerned for such action as may be considered necessary. The receipt of this letter may kindly be acknowledged. IN THE SUPREME COURT OF INDIA CIVIL APPELATE JURISDICTION Civil appeal No. 1632 of 1967 Ghasi Ram Appellant Versus Dal Sing Others Respondents Judgment xx

xx

xx xx

Under the first head of charges it is stated that he promised a payment of Rs. 20,000 to the Gram Panchayat, Igra Rs. 5,000 on February 15, 1967 for a sacred tank in 596

village Ram Rai; Rs. 1,000 on January, 9, 1967 to the Gram Panchayat, Bhamanwas; Rs. 2,500 in December, 1966 to the Gram Panchayat, Bibipur and Rs. 500 each on January, 9,1967 for public utility work to the Gram Panchayat, Ram Rai, Dhanak Community Centre at Lajwana Kalan, the Balmiki Harijan Community Centres at Village Mehra and Rs. 500 for the repair of the Harijan well and Laljwana Khurd. It is said that before these grants were made the Minister visited these several villages and the voters told him that they were not going to vote for him as he had done nothing for their uplift and on his promising the said sums the voters were won over with the result that the answering respondent secured the bulk of the votes from these villages. The High Court carefully considered the evidence led to prove these allegations and came to the conclusion that it fall short of the requirements of S. 123 of the Act. It is contended before us that the High Court was in error in reaching this conclusion both in point of fact and in point of law. We shall first dispose of the facts before proceeding to examine what we consider to be the corrupt practice in this context. The donation to the Gram Panchayat, Igra is attempted to be proved through the evidence of one Mehtab Singh (RW. 10)). He stated that the answering respondent, as Chairman of Block Samiti had promised Rs. 5,000 but had not paid it. When he came for canvassing, the voters were unwilling to vote for him because he had not kept his promise. He then persuaded them and promised to pay some Money if they gave him their support. The High Court pointed out that this witness was a discharged Sub-Inspector and the polling agent of the election petitioner. He was found to be telling lies when he said that the amount was received 7 days after the promise, because the record clearly showed that this money was paid only in March, 1967, more than a month after the poll. Lakhi Ram (RW. 5) admitted that there was a village school which was lying incomplete and money was needed for its completion. It will be noticed that this money was not paid directly to any voter or voters. It was handed over to the Gram Panchayat for utilization. This meant that it would have gone to the benefit of those who were to support the answering respondent and also those who were opposed to him. The High Court did not believe the evidence that there was any bargain for votes as required by the definition of corrupt practice. On a reading of the evidence we are satisfied that the village community asked him for help and the answering respondent promised to help them to complete works of public utility. The amount was paid after the Election was over. Similarly, the sum of Rs. 5,000 said to have been paid to Gram Panchayat, Ram Rai is proved through the evidence of Devi Dayal (RW. 11) and Mangal Singh (RW. 12). This money was sanctioned on December 8,1966 even before the Congress had given ticket to the answering respondent. The evidence here also does not show that there was any bargain for votes. The two witnesses were proved to be hostile to the answering respondent. Devi Dayal was his rival candidate in 1952 and had made several applications against the answering respondent. The application for the Congress ticket was made by the answering respondent on December 6, 1966 and the grant 597

being made on December 8, 1966 the evidence of Devi Dayal that the grant was after the nomination, was definitely false, Mangal Singh is the editor of a weekly journal, which published several complaints against the answering respondent. The answering respondent stated that he had collected Rs. 25,000 for the sacred tank even before he become Minister, that through his efforts a pucca road, a dispensary, a veterinary hospital, a post office and water works were established. Had also got a primary school upgraded. Ram Rai being his native village he was interested in the work of Panchayat and as there was water shortage he gave the village Panchayat this amount to help them to improve the sacred tank. The High Court did not find any evidence which would bring the matter within S. 123. It declined to believe these hostile witnesses and on a consideration of the evidence we are not satisfied that the conclusion was erroneous. The sum of Rs. 1,000 was paid to the Gram Panchayat, Bahmanwas for a primary school. This was a month or a month and quarter before the election. This was ought to be proved through Ram Dutt (RW. 20). It is in evidence that Ram Dutt was very friendly with the election petitioner and even gave his truck for the use of the petitioner. Evidence further shows that the school building was without a roof for some time and the children used to sit under trees. We are satisfied that this amount cannot be described as a bribe. There was no evidence to prove the payment of Rs. 2,500 to Bibipur and as none was brought to our notice this point was rightly decided against the election petitioner. The 4 sums of Rs. 500 each were paid for improvement of Community Centres. The attempt to prove that they were a part of the bargain was discountenanced by the High Court. In respect of the amount paid to Lajwana Kalan the evidence was that of Ram Singh (RW. 13), the polling agent of the election petitioner, Shri Phula (RW. 14), whose demeanour was commented upon by the learned judge, and one of the candidates Mangeram (RW. 19) and Jailal (RW. 21), a helper of one other candidate. Their evidence was found to be unsatisfactory either because of the interest in themselves or in other candidates or because of internal discrepancies and defects. We have read the evidence and we see no reason to differ. In support of the other two payments of Rs. 500 each, the only objection raised before us was that the payments were made to the Ghanak and the Balmiki Communities with a view to obtaining their votes because, it was contended that there was no community centre at these villages. Evidence, however, shows that there are Paras at these villages where the Harijan Community meets. In fact, in the petition and the evidence these are referred to as community Centres. This action of the answering respondent was not found to amount to a corrupt practice and on a considerations of the evidence we are in agreement with the High Court. xx

xx

xx

xx

In our opinion the law requires that a corrupt practice involving bribery must be fully established. The evidence must show clearly that the promise of gift directly or 598

indirectly was made to an elector to vote or refrain from voting at an election. The position of a Minister is difficult. It is obvious that he cannot cease to function when his election is due. He must of necessity attend to the grievances, otherwise he must fail. He must improve the image of his administration before the public. If everyone of his official acts done bonafide is to be construed against him and an ulterior motive is spelled out of them the administration must necessarily come to a stand still. The state of Haryana came into existence on November 1, 1966. With an election in the near future, the political party had to do acts of a public nature. The grant of discretionary grants were part of the general scheme to better community development projects and to remove the immediate grievances of the public. The money was required to be spent in about 3 months time. The sanction of the Minister had often the concurrence and recommendation of his subordinate staff. It is for this reason that the orders about the improvement of the supply of water were not pressed. They were incapable of being construed against the first respondent. Therefore, emphasis was placed upon the distribution of money. The money was not distributed among the voter directly but was given to Panchayat and the public at large. It was to be used for good of those for and those against the candidate. No doubt they had the effect of pushing forward his claims but that was inevitable even if no money was spent but good administration changed the People's condition. We cannot, therefore, hold that there was any corrupt practice. If there was good evidence that the Minister bargained directly and indirectly for votes, the result might have been different but there was no such evidence. Although we have held in this case that the action of the first respondent cannot be characterised as not innocent, we are constrained to say that the attitude of Government is far from laudable. Election is something, which must be conducted fairly. To arrange to spend money on the eve of elections in different constituencies, though for general public good is when all is said and done an evil practice, even if it may not be a corrupt practice. The dividing line between an evil practice and a corrupt practice is a very thin one. It should be understood that energy to do good should be used not on the eve of elections but much earlier and that slight evidence might change this evil practice into corrupt practice. Payments from discretionary grants on the eve of elections should be avoided. xx

xx

xx

xx Sd/M. HIDAYATULLA HJ. Sd/K.S. HEDGE J.

New Delhi 599

February 7, 1968

600

ITEM NO. 295 Election Commission's letter no. 437/7/2004-PLN III dated 29.02.2004 addressed to The Cabinet Secretary, The Secretary Department of Programme Implementation and the Chief Secretaries/Chief Electoral Officers of all States and Union Territories

Subject: General Elections to Lok Sabha and State Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim - Release of funds under MPs' /MLAs' Local Areas Development Scheme I am directed to refer to the Commission's Press Note dated 29 th February, 2004 where the Commission had announced the operation of the Model Code of Conduct for the Guidance of the Political Parties and Candidates. 2. The Commission has considered the release of funds under the Member of Parliament Local Areas Development Schemes and has decided thati. No fresh release of funds under the Member of Parliament (including nominated members of Rajya Sabha ) Local Areas Development fund shall be made in any part of the country till the completion of election process. Similarly, no fresh release of funds under the MLAs'/MLCs' Local Areas Development Fund shall be made, if any, such scheme is in operation, till the completion of election process. ii. No Work may be started for which the work order had been issued before the issue of this letter but the work has actually not started in the field. These can be started after the completion of election process. iii.

However, if the work has actually started, this can continue.

There should be no bar to the release of payments for completed work subject to the full satisfaction of the concerned officials.

601

ITEM NO. 296 Election Commission’s letter No.437/6/2005-PLN III (Vol. II), dated 03.09.2005, addressed to the Cabinet Secretary, Government of India, Secretary to Govt. of India Department of Programme Implementation.and the Chief Secretary/Chief Electoral Officer of Bihar, Patna Subject: Release of funds under MPs’/MLAs' Local Area Development Scheme. I am directed to refer to the Commission's Press Note dated 3 rd September 2005 as per which the Commission has announced the operation of the Model Code of Conduct for the Guidance of the Political Parties and Candidates. 2. The Commission has considered the release of funds under the Member of Parliament Local Area Development Schemes and has decided thata) No fresh release of funds under the Member of Parliament (including Rajya Sabha members) Local Area Development fund shall be made in any part of the country where election is in progress. Similarly no fresh release of funds under the MLAs'/MLCs' Local Area Development Fund shall be made, if any such scheme is in operation, till the completion of election process. b) No work shall start in respect of which work orders have been issued before the issue of this letter but the work has actually not started in the field. These works can start only after the completion of election process. However, if a work has actually started, that can continue. c) There shall be no bar to the release of payments for completed work(s) subject to the full satisfaction of the concerned officials.

602

TOUR OF MINISTERS

603

ITEM NO. 2 9 7 Election Commission's letter No. 437/6/ES0025/94/MCS dated 21.10.1994 addressed to Chief Secretaries and CEOs of all States and UTs. ORDER Subject: Election period-tours of ministers The Commission vide its letter No. 437/6/93-PS-II dated 31 st December, 1993 had reiterated the total and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel during elections and had directed that there will be total ban on the use of any vehicles for any purpose connected with the election by any political party, the candidate or any other person connected with election. 2.The Commission vide its letter No. 437/6/94 dated 2nd February, 1994 had invited attention to the circular letter No. 10/17/89-M&G dated 1 st November, 1989 from the Ministry of Home Affairs on the tour of ministers in connection with the election campaign and had observed that those instructions were flouted with impunity and had therefore issued further instructions without, in any way overriding, modifying or affecting the instructions of the Ministry of Home Affairs dated 1 st November, 1989 referred to above. 3.The Supreme Court in its order dated 29th April, 1994 in a writ petition (Civil) No. 312 of 1994(State of Tamil Nadu versus Chief Election Commissioner and others) seeking exemption in the case of Chief Minister of Tamil Nadu had directed as follows : "While we are conscious of the effort being made by the Election Commission to ensure cleanliness of the electoral process and for the protection and ensurement of free and fair polls, we are afraid, the Election Commission cannot, as it seeks to do here, put out of consideration the security requirements of certain political personalities who might, in view of extremist and terrorist activities and threats to their lives, require security of a high order. To confine the security to only the Prime Minister of the country, as the Election Commission has done, and to deny, as the communication dated 31 st March, 1994 seeks to do, to all other may not reflect a proper perception and appreciation of the problem. At all events, the Election Commission will have to take note of the statutory provisions. However, we should make one aspect clear. Having regard to the responsibilities and obligation of the Election Commission to ensuring purity of the electoral process, it is open to the Election Commission, if it has material to doubt that the assessments of the security requirement made by the Director of the Tamil Nadu Special Security Group under the status are so manifestly and unduly excessive as to amount to promotion indirectly, of partisan electoral interests, to bring such matter to the notice of the State Government for appropriate corrective steps." 4. The Cabinet Secretariat in its letter No. 10/22/094-ES dated 3/5 May, 1994 had issued instructions that under the provisions of the Special Protection Group Act, 1988 protection is provided for proximate security of the following : (i)

The Prime Minister and the members of his immediate family; 604

(ii) Any former Prime Minister or the members of his immediate family for a period of 5 years from the date on which the former Prime Minister cases to hold the office of Prime Minister. 5. In the light of the above order of the Supreme Court the Commission had substituted paragraph 3of its letter No. 437/6/93/PS-II dated 31 st December, 1993 vide para 6 of letter of even number dated 8th May, 1994 to say that "the Commission has decided that para 3 of its above referred circular letter No. 437/6/93-P-II dated 31 st December, 1993 will stand substituted by the following :3(A) The only exceptions from the prohibitions mentioned in para 2 above will be the Prime Minister and other political personalities who might, in view of extremist and terrorist activities and threats to their lives, require security of a high order and whose security requirements are governed by any statutory provisions made by Parliament or the State Legislature in this behalf. 3(B) The Commission would like to make it clear that having regard to its responsibilities and obligations to ensuring purity of the electoral process, the Commission, if it has material to doubt that the assessments of the security requirements made by the authorities under the above referred special enactments or any other special instructions of the Government are so manifestly or unduly excessive as to amount to promotion, indirectly, of partisan electoral interests, bring such matter to the notice of the Central Government and/or, as the case may be, the State Government for appropriate corrective steps. 3(C) For achieving this, the Commission may call for any information from the Central Government or the State Government concerned with regard to the assessment of the security requirements made in respect of any such personality. Such information shall be furnished to the Commission by the concerned Government forthwith." 6 It was further clarified by the Commission in its letter No. 437/6/94 dated 14th May, 1994 that all State Governments and the Union Territory Administration are requested to adhere strict strictly to the orders of the Supreme Court. Further, orders relating to security of the individuals issued under statutory powers or other powers must be fully honored. 7. The Commission has further directed that when such individuals visit State/Constituency for electioneering and election related work, the expenditure incurred on security arrangements like barricading/ rostrums etc. shall be borne by the concerned political parties.

605

ITEM NO. 298 Election Commission's letter No. 437/6/96/PLN-III/, dated 17.01.1996 to addressed to the Chief Secretary (All States & Union Territories) Repeat The Chief Electoral Officers (All States & Union Territories) Subject: General Elections - Tours of Ministers I am directed to state that the Ministry of Home Affairs, Government of India vide their Circular No. 10/17/89-M & G, dated November 1,1989 have reproduced the summary of their instructions on the tour of Ministers in connection with the election campaign. These instructions inter alia lay down some specific formalities to be observed separately for official and private tours of the Ministers of Government of India during the period of electioneering particularly in the context of the fact that such tours generally overlap. A copy of the abovementioned circular of the Ministry of Home Affairs dated November 1,1989 is enclosed at Annexure I. 2.The Commission has been keenly watching the observance of the aforesaid instructions of the Ministry of Home Affairs by the Ministers both of Central Government and of the Government of State in which elections are held, as well as some other neighboring and other States whose Ministers pay visits to the States having elections during the period of electioneering. The Commission is constrained to observe that not only the spirit and letter of the aforesaid instructions of the Ministry of Home Affairs are vague, equivocal and permissive in nature, they are flouted with impunity and misused with flagrant disregard to the image of impartiality which persons in high public office must cultivate and preserve during the period of election in order to maintain the purity of the election process and insulate the free right of franchise to be exercised by the voters from the manipulative tactics of the privileged ruling party both at Centre and in the State Governments. 3.During the elections superintended by the Commission in recent years the Commission has been at pains to observe that the Ministers in their capacity as Members of the ruling party at the Centre and in some States misused the government owned machinery including guest houses, and such like official infrastructures for the ostensible purpose of official visits for monitoring Government programmes with the covert intention of participating in the election campaign of their parties. Such Ministers are understandably accompanied, on the above described "official" visits, by functionaries of their political parties. No departmental officials are reported to be accompanying the Ministers on which visits and meetings as a result of which even semblance of an official visit is not maintained. 4.The Commission also observes with serious objection that local officers of the district administration and State Government who have also to perform statutory and other functions related to the conduct of elections are perforce made to attend on such Ministers in the name of administrative and security arrangements which further casts a suspicion on the much needed independence an impartiality of the election related officers. 606

5.In the above circumstances, the Commission in exercise of the plenary powers vested in it by virtue of Article 324 of the Constitution and all other powers enabling it in this behalf, has decided to issue its own directions in the interest of fair and free poll. 6. These instructions of the Commission do not in any way over-ride, modify or are affected by the instructions of the Ministry of Home Affairs, Government of India No. 10/17/89-M&G dated 1 st November, 1989 referred to above. The Commission directs in supersession of its earlier instructions, as follows:6.1Henceforth no Minister either of Central or State Government shall undertake an official visit of any constituency from which elections have been announced by the Commission during the period commencing with the announcement of the elections upto the end of the election process. 6.2The Commission also directs that no Minister will summon any election related officer of the constituency or the State in which any elections have been announced, to a place or office or guest house outside the aforesaid constituency for any official discussions during the period of elections commencing with the announcement of the elections from such constituency and ending with the completion of election process. 6.3The only exception to these instructions will be when a Minister, in his capacity as incharge of the concerned department, or a Chief Minister undertakes an official visit to a constituency, or summons any election related officers of this constituency to a place outside the constituency, in connection with failure of law and order or a natural calamity or any such emergency which requires personal presence of such Ministers/Chief Ministers for the specific purpose of supervising review/salvage/relief and such like purpose. 7.It is clarified that the Ministers are entitled to use their official vehicles in there headquarters from their place of residence to their office for official work provided that such commuting is not combined with any electioneering or any political activity. 8.Any violation of these instructions will be viewed as gross infringement not only of the Model code of Conduct but also of the authority of the Commission to promulgate such directions as it considers necessary to ensure peaceful, fair and free poll reflective of the true choice of the people, and will be visited with grave consequences as considered appropriate by the Commission on the merits of the specific circumstances.

607

ANNEXURE-I Copy of circular letter No. 10/17/89-M&G, dated November 1, 1989 of the Government of India, Ministry of Home Affairs, New Delhi. Office Memorandum Subject: General Election to Lok Sabha Tours of Minister in Connection with election campaign The undersigned is directed to say that whenever elections to the Lok Sabha are held, questions are invariably raised in Parliament about the tours undertaken by the Ministers in connection with the election campaign. In reply, as a general policy it has always been made clear that according to existing instructions, tours in connections with election campaign are not to be treated as official tours and that the services of Government officials cannot be utilized for party of election work. The Ministry of Home Affairs have been issuing instructions regarding tours of ministers for non official purposes, including election tours from time to time. These instructions had been summarized and a copy thereof was laid on the Table of the Lok Sabha on 31 st July, 1970. As the general election to the Lok Sabha are due to be held in November, 1989 a copy of the summary of these instructions is enclosed with the request that its contents may be brought to the notice of the Ministers. Instructions regarding the tours of Minister for non-official purposes including election tours, are contained in several communications issued and reissued from time to time. General Instructions: (1) Until a Minister demits office he is in charge of public affairs and accordingly even while on tours, whether for official or private purposes, he must continue to discharge the responsibilities as Minister Hence, (a)he can take with him the minimum personal staff needed for this purpose and such staff is entitled to draw travelling and daily allowance under the rules; and (b)when he visits any place, the district officers must arrange for normal courtesies and security. (2) A Minister may claim travelling and daily allowance only in respect of tours undertaken for official purposes i.e. tours, actually necessitated by duties which he could not perform, at headquarters. If an official tour is combined with private business of the Minister, which includes party work, and he has to undertake any additional journey for this purpose, he is not entitled to any travelling allowance for the additional journey. If a Minister while on official tour devotes any day of his halt exclusively for private business he is not entitled to day allowance for that day. 608

Special instructions regarding election tours: (3)Whenever a Minister decides that meeting which is going to be addressed by him as an election meeting he should ask for arrangements to be made on his behalf nonofficially and not by Government Servants. During the election tours Government meetings would be rare and normally public meetings should be considered election meetings and all expenses except those relating to maintenance of law and order, borne privately. (4)The role of officials at election meetings should be confined to maintaining law and order and affording normal protection to Ministers. (5)No travelling expenses or daily allowance should be charged by Ministers for journeys, which have for their main purpose election campaign. It would be presumed that for some weeks prior to the poll, the activities of Ministers on tour are much more concerned with elections than with their official duties. (6)A journey undertaken by a Minister for filing nomination papers and subsequent tours to his constituency should be regarded as being for election purposes.

609

(7)If a Minister who has proceeded to his constituency for election purposes at his own expenses, has to proceed to some other place on duty, he may draw travelling allowance limited to the amount admissible from his headquarters to the other place and back to headquarters. If he had to return to headquarters from his own constituency in public interest by interrupting his election work, he may only claim the return air or railway fare. Public interest shall naturally include attendance at all Cabinet Sub- Committee meetings. Other meetings or conferences at headquarters should be avoided as far as possible. (8)Where a Minister has been provided with a car exclusively at the expenses of the State, the car should not be used for election purposes. Even where a car is provided by the State but the Minister is given an allowance for maintenance of the vehicle, it is not desirable to use such vehicle for election purposes.

610

ITEM NO. 299 Election Commission's letter No.437/6/99-PLN-III, dated 15.07.1999 addressed to The Cabinet Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: Tours of Union Ministers - Regarding The Commission has been approached on the question of providing Government vehicles to Union Ministers when they go on tours on official duty outside Delhi. The question has been raised in the context of the announcement of the elections to constitute the 13th Lok Sabha, and with such announcement the Model Code of Conduct and the instructions of the Election Commission bearing No. 437/6/96/PLN-III dated 17th January 1996 coming into effect. The Commission sees merit in the argument that the Union Minister on official tour is discharging his constitutional obligation and, therefore, must be provided with the necessary facilities to carry out such activities. However, in the run-up period to the elections, the tendencies of the political personages, who combine official functions with political activities, cannot be ignored. In such cases, providing Government vehicles to the Union Minister cannot be allowed, as it seeks to disturb the level playing field between the contesting parties and candidates. However, if a Union Minister is travelling out of Delhi on purely official business, which cannot be avoided in public interest, then a latter certifying to this effect should be sent from the concerned Secretary of the Department to the Chief Secretary, with a copy to the Commission. On receipt of such information from the Secretary that the Union Minister is coming on a purely official visit and, no political activity of any kind is envisaged during such tour, the Chief Secretary may provide the Union Minister with Government vehicle and accommodation and other usual courtesies for his official trip. While extending this facility, the Chief Electoral Officer of the State, who is entrusted with the task of monitoring of electoral activity in the State, including the implementation of the Model Code of Conduct, shall be alerted in advance by the Chief Secretary. The Commission will oversee such arrangements in due consultation with its Chief Electoral Officer. It is hoped that the Union Ministers will avoid making official visits to their home States and particularly the constituencies from where they are contesting elections while it is open for them to make private visits.

611

ITEM NO. 300 Election Commission's letter No.437/6/4/2003-PLN-III dated 12.06.2003 addressed to the Cabinet Secretary New Delhi and the Chief Secretary/CEOs of all States and U Ts Subject:

Model Code of Conduct - Tours of Ministers during byeelections in a State/UT

The Commission has noticed a very disturbing trend during the last few byeelections held in various parts of the country. It has observed with dismay, various ruling parties, including their Ministers, trying to circumvent the spirit behind the Model Code of Conduct, which is to bring about a level playing field between contesting candidates and political parties in the elections. This issue assumes far greater importance in byeelections because a bye-election does not usually envisage the possibility of alternation in the political executive in the State. Thus, the local officialdom and all concerned know that the political party in power will continue to wield power after the byeelections notwithstanding the results that emanate out of such elections. In this background, it is all the more necessary that the Model Code of Conduct is implemented in a more strict fashion for bye-elections to ensure that the level playing field is not disturbed. 2.One of the methods used to circumvent the Model Code of Conduct in bye-elections relates to tours of Ministers in the district(s) where the bye-election is being held. For considerations of development work and other day-to-day administration, the operation of the Model Code of Conduct is at the time of a bye-election restricted to the district(s) in which the constituency is located. For the remaining part of the State, the Model Code of Conduct is not applied. It is seen that Ministers frequently hold official meetings in districts neighbouring those where the bye-election is being held and the Model Code of Conduct is in force. The visit of the Ministers to these neighboring districts are categorized as official work and, while being stationed there, political activities are carried out by them for the bye-election that is taking place. Needless to say, official from the district(s) where bye-election is taking place are frequently called for meetings in the neighbouring district where the Minister is camping on official work and where, technically speaking, the Model Code of Conduct is not in force. The issue is further compounded as the election draws near and sometimes it has been observed that more than half the cabinet stations itself in neighbouring districts on official work and there carry out the political activities relating to the bye- election. 3.Keeping all this in view, the Commission directs that henceforth for all bye- elections in the country, the following conditions are to be followed on ground: (i) All Ministers whether Central or State, shall not combine in any manner their official tours with election work after the announcement of the byeelections. They shall return to their headquarters on completion of their official tours. All and any visits to the district(s) where bye-election is being held and where Model Code of Conduct is, therefore, in force, have to be completely 612

private in nature and such private visits should begin and end at the Minister's headquarters. (ii) In case where a Minister travelling on official work transits through the district(s) where the bye-election is being held en route to any other district on official visit, he shall not halt in the district(s) where Model Code of Conduct is in force and shall not attend to any political work. (iii) No official of any rank of the district(s) where the bye-election is being held shall be called to attend any meeting by any Minister in any district, that is to say, even in the other districts where election is not being held. (iv) Any official who meets the Minister on his private visit to the constituency where elections are being held shall be guilty of misconduct under the relevant service rules; and if he happens to be an official mentioned in Section 129 (1) of the Representation of People Act, 1951, he shall also be additionally considered to have violated the statutory provisions of that section and liable to penal action provided there under. (v) No pilot car(s) or car(s) with beacon lights of any colour or car(s) affixed with sirens of any kind making his presence conspicuous shall be used by any Minister during his private visit to the constituency even if the State administration has granted him a security cover requiring presence of armed guards accompanying him on tour. 4.The Commission further directs that the Chief Electoral Officer of the State who is entrusted with the task of monitoring of electoral activities in the State including the implementation of Model Code of Conduct shall be kept informed in advance by the District Election Officer of any visit proposed to be undertaken by any Minister of the State Govt. or any Central Minister to the district where bye-election is being held and the Chief Electoral Officer shall forthwith communicate the same to the Election Commission. 5.In respect of Ministers of the Central Government and Ministers of other State Governments, directions as contained in para 3 above shall apply mutatis mutandis. 6.These instructions shall come into force with immediate effect and shall be applicable to all bye- elections to be held hereafter in any State or Union Territory. The Chief Electoral Officers shall bring these instructions to the notice of all political parties immediately on receipt. 7.Kindly acknowledge receipt.

613

ITEM NO. 301 Election Commission’s letter No. 437/6/7/2004/PLN-III, dated 28.12.2004 addressed to Shri V.N. Mathur, Secretary, Railway board, Ministry of Railways Rail Bhawan, New Delhi Subject: Tours of Union Minister of Railways Please refer to your letter no. 2004/G/32/1 dated 25.12.2004 seeking clarifications on following points. 1. When Hon'ble Minister of Railways is required to return from Patna to his Headquarters at Delhi for attending matters relating to the Railway Budget or attend

Cabinet

Meetings

and Meetings of the Sub-Committees of the

Cabinet; can his visits to Delhi be treated as official; 2.

Whether the Hon'ble Minister of Railways can make an official visit from Patna (where he is doing political campaign) to Kolkata for attending various railway programmes in West Bengal. Whether such a journey from Patna to Kolkata and the visit of the Minister to various places in West Bengal by a Helicopter for attending railways functions can be treated as official.

3.

Whether Hon'ble Minister of Railways can avail of his Identity Card/Privileges of Air Journeys as a Member of Parliament and as Union Minister for undertaking train/air journeys for going to Patna for political work and return to Headquarters at Delhi. The Commission has considered the matter and issues raised are clarified as

follows. 1.

The Hon'ble Minister while in Patna for political campaign cannot come officially from Patna to New Delhi for attending the meetings relating to railway budget or Cabinet meetings or the meetings of the Sub- Committee of the Cabinet.

2.

The Hon'ble Minister cannot combine his political or personal visit to Patna with official visit to Kolkata or elsewhere, even if, he pays the money for the entire trip himself.

The Hon'ble Minister will have to return to his Headquarters to

start the official journey.

Under no circumstances, political or personal visits of

the Ministers of the Union or State Government to the State of Bihar or Jharkhand or Haryana can be combined with official visits to any other place in India. 614

3.

The Hon'ble Minister can avail of normal privileges of free railway / air pass as available to Members of Parliament, but he is not entitled to take benefit of privileges as Union Minister for Railways for train/air journeys for going to Patna and returning to Headquarters at Delhi.

615

USE OF AIRCRAFT/OFFICIAL VEHICLES

616

ITEM NO. 270 Election Commission's Order No. 437/6/94/MCS-Vol V dated 20.10.1994 to (1) The Cabinet Secretary Rastrapati Bhavan, New Delhi. 2. Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi. 3. Secretary to the Govt. of India, Ministry of Law, Justice & Company Affairs, New Delhi. 4. Chief Secretaries of all States and Union Territories 5. Chief Electoral Officers of all States and Union Territories. Subject: Chartering of aircraft and helicopters ORDER 1.The Commission has already issued instructions imposing a total and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel during elections. 2.It has been brought to the notice of the Commission that political parties are getting State/ Public Sector Undertakings aircraft/helicopters chartered through private companies etc. for electioneering in such a way that the other parties are put to a disadvantage. The commission has, therefore, directed that the procedure to be followed for chartering Government aircraft/ helicopters (including those owned by Public Sector Undertakings and Corporations) should be on an absolutely equitable basis and should be widely publicised. Some of the minimum conditions which should be included in the procedure to make it absolutely equitable are as under:2.1There should be no discrimination between the ruling party on the one hand and the other parties and contesting candidates on the other. 2.2The payment will be made by the political parties or the contesting candidates and proper record maintained. 2.3The rates and terms and conditions should be uniform for all. 2.4The actual allotment should be made on a first-come first-served basis. For this purpose, the date and time of receipt of the application should be noted down by the authorised receiving authority. 2.5In the rare case when both the date and time of two or more applicants is the same, the allotment will be decided by draw of lots. 2.6To obviate any contingency of rejection of an application for failure to mention certain particulars or on such other technical grounds, a format of the application should be prepared and made available to all those who want to avail of the facility. 2.7No individual, firm, party or candidate will be allowed to charter the aircraft/helicopter for more than three days at a time. Any application which does not conform to this requirement shall be rejected.

617

3. The above conditions/stipulations to be incorporated in the procedure are illustrative and not exhaustive. Every endeavor should be made to make the procedure as equitable and just as possible. 4.The entire exercise should be transparent and wide publicity, if necessary, through print and electronic media should be given in advance about the entire procedure. There should be no scope whatsoever that any part of the exercise was done under a cloak of secrecy. 5.A copy of the instructions issued in this regard should be sent to the Commission immediately after issue.

618

ITEM NO. 303 Election Commission letter No.437/6/96-PLN-III, dated 09.04.1996 addressed to The Cabinet Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: General Elections - Security cover to Ministers/Candidates 1. Instructions have been issued from time to time on the question of use of aircraft/helicopter and motor cars and vehicles in connection with election work by political personalities, whether in office or outside. The following instructions are issued in consolidation/modification of all other instructions in this regard and should be scrupulously followed with immediate effect :2.1No part of the present instructions may be treated as effecting any modification whatsoever in regard to the existing instructions regarding the travel and the provision of facilities including transport and security, for the Prime Minister even when he is travelling specifically for party and election work. The existing instructions should be scrupulously adhered to. 2.2All the remaining political personalities including both those in office e.g. Minister of the Union Government or Chief Minister or Minister of the State Government or occupants of any other public office such as Chairman of a State Corporation, Cooperative etc. And those not in any public office will be governed by this order. 2.3No relaxation can be made to any person with regard to the absolute ban on the use of Government owned/funded/hired means of transport for any reason other than security. These exclusions refer for example to age, state of health etc.; and to all manner of vehicles. 2.4The use of State owned aircraft (whether fixed wing or helicopter) propelled at State cost or hired at State cost will not be permitted for any reason including security. No exceptions in this regard will be made. 2.5In respect of persons covered by security, the use of State owned one bullet proof vehicle for the particular person (PP) will be permitted in all cases where the security agencies, including the intelligence authorities, have prescribed such use. The use of multiple cars in the name of stand-by should not be permitted unless so specifically prescribed by security authorities. The cost of propulsion of such bullet proof vehicles where such use of bullet proof vehicles is specified will be borne by the particular person whether he is in office or out, and whether he is a candidate or not. 2.6The number of vehicles to accompany the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall not exceed them under any circumstances. The cost of propulsion of all such vehicles, whether owned by Government or hired vehicles, will be met by the State Government. No recovery need be made also on the cost of the manpower provided.

619

2.7In all cases where a party or a candidate hires a private aircraft/helicopter for any reason whatsoever, the complete cost will be included as part of election expenditure without exception. 2.8All persons who are included in the category of ex-Prime Ministers are also covered by these instructions and are not entitled to the special stipulations provided for the Prime Minister in office. 2.9No relaxation can be provided on any considerations including those of security to any one regarding the use of loudspeakers whether fitted on vehicles or otherwise.

620

ITEM NO. 304 Election Commission's letter No. 437/6/98/PLN-III dated 08.01.1998 addressed to The Cabinet Secretary, New Delhi, Chief Secretaries and CEOs of all the States and UTs. Subject: Use of Aircraft by Political Parties-regarding The Commission has already issued detailed instructions regarding use of Government aircraft owned by the Government and Public Sector Undertakings. As per these existing instructions, during the election process there in a complete ban on use of aircraft by political functionaries including Chief Minister and Ministers. The only exemption is for the Prime Minister in office. These instructions have been reiterated again recently by the Commission on 16.12.1997. Requests have been received from some of the Chief Ministers for relaxation of these restrictions for various reasons including those of security. The Commission reviewed the matter in depth and obtained further inputs from appropriate quarters in this regard. After taking into consideration all relevant factors into account, the Commission had decided that the existing instructions in the matter will stand and there shall be no relaxation in the matter for any reason. The Commission's existing restrictions do not however prohibit use of private aircraft by such political functionaries including Chief Ministers. Accordingly the Commission makes it clear that such political functionaries including Chief Ministers may, if required, hire private aircrafts and use it for their political campaign and other election related activities. The expenses of use of such aircraft can be paid for by the concerned political parties and have to be accounted for suitably in their accounts. Kindly acknowledge the receipt.

621

ITEM NO. 305 Election Commission's letter No.437/6/99-PLN-III, dated 14.07.1999 addressed to The Cabinet Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: Use of Government Aircrafts/Helicopters - regarding Consequent on the dissolution of the Lok Sabha, preparatory work for conducting the elections for the 13th Lok Sabha and completing it by 21st October, 1999, has already started. The Country is already in the election mode. For this purpose, the Commission has announced the schedule for holding General Election to the Lok Sabha, 1999 on 11 th July, 1999. Accordingly, the Commission reiterates its existing instructions on use of aircrafts/helicopters and motor cars and vehicles in connection with election related work by political personalities, whether in office or outside. A copy of the instructions issued on 9th April, 1996 is enclosed for ready reference. In respect of use of aircrafts/helicopters, by all concerned except the Prime Minister in office, your particular attention is drawn to para 2.4 of the letter extracted below. "The use of State owned aircraft (Whether fixed wing or helicopter) propelled at State cost or hired at State cost will not be permitted for any reason including security. No exception in this regard will be made." It may please be noted that these restrictions apply with respect to all aircrafts/helicopters owned by the Central and State Government as well as Department Organisations and Public Sector Undertakings. Kindly acknowledge receipt and ensure that the instructions of the Commission are strictly followed by all concerned authorities.

622

ITEM NO. 306 Election Commission's letter No.437/6/98-PLN-III, dated 18.08.1999 addressed to The Cabinet Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: Use of Aircraft during the Election Process The Commission has already issued detailed instructions regarding use of Government aircraft owned by the Government and Public Sector Undertakings. As per these existing instructions, during the election process, there is a complete ban on use of aircraft by political functionaries including Chief Minister and Ministers. The only exemption is for the Prime Minister in office. These instructions have been reiterated by the Commission on 14th July, 1999. 2.Requests have been received from some of the Chief Ministers for relaxation of these restrictions for various reasons including those of security. 3.The Commission reviewed the matter in depth and obtained further inputs from appropriate quarters in this regard. After taking into consideration all relevant factors into account, the Commission has decided that the existing instructions in the matter will stand and there shall be no relaxation in the matter for any reason. 4.The Commission's existing restrictions do not, however, prohibit use of private aircraft by such political functionaries including Chief Ministers. Accordingly, the Commission makes it clear that such political functionaries including Chief Ministers may, if required, hire private aircrafts and use it for their political campaign and other election related activities. The expenses of use of such aircraft can be paid for by the concerned political parties and have to be accounted for suitably in their accounts. 5.Kindly acknowledge the receipt.

623

ITEM NO. 307 Election Commission's letter No.437/6/98-PLN-III, dated 18.08.1999 addressed to The Secretary to the Govt. of India, Department of Civil Aviation, New Delhi. And copy to Secretary, Deptt of Revenue, Govt. of India, Director General, Civil Aviation, New Delhi and Chief secretary/CEOs of all States/UTs Subject: Use of privately owned aircrafts other than scheduled commercial flights by Political Parties and the Government functionaries As you are aware the 12th Lok Sabha has been dissolved and the notifications for holding elections for constituting the 13th Lok Sabha have been issued. This process is to be completed before 10th of October, 1999. High dignitaries like Chief Ministers and Ministers of the Union Government as well as senior political functionaries and party leaders might be making use of privately owned aircrafts other than scheduled commercial flights for attending various political meetings and campaigns. 2. It is important that full records of all such non-scheduled flights are maintained by the appropriate authorities as required under law and relevant rules. Details like passenger manifests, exact times of departure and arrival of aircrafts at various places need to be maintained. Commission may seek information on these details to verify complaints which are received from time to time. Accordingly, I am directed by the Commission to request you to alert the appropriate authorities of the Central and State Governments to keep meticulous records of these details. Another aspect which has been brought to the notice of the Commission relates to the payments for use of aircrafts for such purposes. It has been reported that in some cases, such payments are made in cash by individuals/political parties. 3. A copy of this letter is also being endorsed to Secretary to the Govt. of India, Department of Revenue and Chief Secretaries of all State Governments and all Chief Electoral Officers for their information and necessary action.

624

ITEM NO. 308 Election Commission's letter No. 4/2001/J.S.II dated 30.03.2001, addressed the Chief Electoral Officers of all States and Union Territories. Subject: Prevention of misuse of official vehicles during elections Clarification I am directed to invite your attention to the Commission's Order No. 437/6/96/PLN-III. dated 15lh January, 1996 on the above subject, reproduced at p.p. 171 -173 of the Commission's Compendium of Instructions. 1998. 2.The Commission had directed in the above Order that the restrictions on the use of official vehicles for campaigning, electioneering or election related travel are applicable in the case of the Speaker, the Deputy Speaker of Lok Sabha and the Deputy Chairman of Rajya Sabha at the time of General Elections to the Lok Sabha. 3.In Order to ensure free and fair poll and maintain the purity of election process, the Commission has directed that the restrictions on the use of official vehicles for campaigning, electioneering or election related travel as enumerated in the Commission's Order dated 15th January, 1996 will be equally applicable in the case of Speaker and Deputy Speaker of the State Legislative Assembly at the time of General Election to any State Assembly irrespective of whether the Speaker and/or the Deputy Speaker of the Legislative Assembly is a contesting candidate or not at the General Election to the State Assembly. 4.This should be brought to the notice of all concerned including the units of all recognized National and State Parties in your State. 5.This disposes of Message No. 2243/2001 -1, dated 16 th March, 2001 from Chief Electoral Officer, Tamil Nadu. 6.The receipt of this letter may kindly be acknowledged immediately.

625

ITEM NO. 309 Election Commissions letter No.4/2001/JS-II dated 08.05.2001 addressed to the Chief Electoral Officers of all States and Union Territories. With copy forwarded to 1 .The Director General of Civil Aviation, New Delhi. 2.The Secretary to the Government of India, Ministry of Tourism & Civil Aviation, New Delhi.3.The Cabinet Secretary, Government of India, New Delhi.4.The Chief Secretaries to the Governments of all States and Union Territories. Subject: Supervision and monitoring of poll and counting process by leaders of political parties by using private fixed-wing aircraft and helicopters on the days of poll and counting -regarding A question has been raised whether the leaders of political parties may be permitted to supervise and monitor the process of polling and counting by using private fixed-wing Aircraft and helicopters for movement from constituency to constituency on the days of poll and counting. 2.I am directed to state that the Election Commission has carefully considered the question in all its aspects. The supervision and monitoring of the polling and counting process by these leaders will amount to interference in the performance of the functions of the Election Commission and usurping its powers, as the superintendence, direction and control of conduct of elections has been vested by Article 324 of the Constitution in the Election Commission and none else. Further, most of the leaders of all political parties have been categorized under various security grading and provided with security covers according to such grading. If they move from constituency to constituency on the days of polling and counting, adequate security precautions will have to be taken and security covers provided to each of them. On the days of polling and counting, the police and other security personnel are fully engaged in providing protection to voters, polling parties and polling materials in and around polling stations and counting centres, and in patrolling duties in the constituencies for maintaining proper law and order and peaceful atmosphere. Any disturbance or distraction in these arrangements to provide security to the leaders of political parties on the move from constituencies to constituencies may have serious impact on the conduct of free and fair poll and smooth and peaceful elections. It will also mean extra strain on the administrative machinery at the district and the sub-divisional levels, which are already stretched to the maximum during these days, as many of these political leaders will be entitled to some facilities, and courtesies on their visits there as per the requirements of protocol. Further, their movement, particularly on the days of poll, might also be taken as campaign during the prohibited period of 48 hours. It may also not be out of context to mention that the use of private fixed-wing aircraft and helicopters by the leaders of political parties on the days of poll and counting would add considerably to the already mounting election expenses and would be a retrograde step in the direction of reasonable curbs on high expenditure on elections, apart from disturbing the level playing field whereby the political parties with smaller resources would be placed at disadvantageous position. 626

3.Having regard to all the above relevant considerations, the Commission has decided that no leader of a political party shall use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the days of poll and counting. 4.The Commission has also decided that the Director General of Civil Aviation shall keep the above directions of the Commission in view and shall not permit the flights of private fixed-wing aircraft and helicopters for the movement of leaders of political parties for the above purpose on the days of poll and counting, except with the prior permission of the Election Commission in the case of any emergencies. 5.The above directions of the Commission should be brought to the notice of all political parties functioning in your State immediately for their information, guidance and compliance under intimation to the Commission.

627

RESTRICTION ON USE OF VEHICLES

628

ITEM NO. 310 Election Commission's Order No. 43 7/6/96/PLN -I I I, dated 15.01.1996. ORDER Subject: General elections/bye elections - Prevention of misuse of 'official vehicles' during elections In the interest of preserving the purity of election process and rendering the same reflective of true choice of the people, the Commission has been issuing instructions and directions regarding the use of official vehicles. The Commission has been particularly concerned about the increasingly vitiating role of criminality and muscle power at elections and has been giving directions for taking a number of measures for ensuring peaceful, free and fair poll. 2.The Commission has now decided that the following shall be standing instructions for all general/ bye elections to the Lok Sabha, and in State Legislative Assemblies. This will be equally applicable to all biennial/bye elections from Graduates' and Teachers' constituencies of Legislative councils in the concerned States. These shall be in supersession of all earlier instructions on the subject. 3.These instructions shall come into effect from the date of announcement of elections till the completion of elections. 4.For the purpose of these instructions vehicles means, and shall include, any vehicles used or capable of being used for the purpose of transport, whether propelled by mechanical power or otherwise and will include trucks, lorries, tempos, jeeps, cars, auto rickshaws, buses, belonging to the (1) Central Government, (2) State Government, (3) Public Undertakings of the Central and State Government. (4) Joint Sector Undertakings of Central and State Government, (5) Local Bodies, (6) Municipal Corporations, (7) Municipalities, (8) Marketing Boards, (by whatever name known) (9) Cooperative Societies, (10) Autonomous district councils or any other body in which public funds, howsoever small a portion of the total are invested and also include those belonging to the Ministry of Defense and the Central Public Organisations under the Ministry of Home Affairs and State Government. 5.The Commission directs that there shall be a total and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel during elections. There shall be a total prohibition on the use of any vehicles such as helicopters, aircraft, (except as regulated by the Commission's order on the subject) cars, jeeps, in automobiles, boat, hovercrafts, etc., belonging to the (i) Central Government, (ii) State Government, (iii) Public undertakings of the Central and State Government, (iv) Joint sector undertakings Central and State Government, (v) Local bodies, (vi) Marketing boards, (vii) Co-operative societies, (viii) Autonomous District Councils or any other body in which public funds, however, portion of the total, are invested for any purpose connected with the elections, by any political party, candidate or any other person connected with election. 629

6.It is clarified that the ban on the use of vehicles will equally apply to the vehicles in or from any States not going to the polls but whose vehicles are attempted to be used for campaign either openly or clandestinely in any other State going to poll. The Chief Secretary of each State/Union Territory will be personally responsible for preventing misuse of any vehicle within his State and the Secretary to the Government of India in the concerned Department will be personally responsible for any misuse of any vehicle under Ministry/Department and also belonging to any of the public sector or joint sector undertakings or Autonomous Bodies or attached and offices under that Ministry/Department. The officers under whose charge such vehicles are entrusted will also be equally responsible for any violation. 7. The use of such vehicles belonging to any of these authorities by anyone including Ministers of the Central or a State Government, even on payment, for campaigning or on tours connected with elections but with the alleged and bogusly certified purpose of election work in their capacity as Ministers is totally prohibited. The only exception from the prohibition will be the Prime Minister and other political personalities who might, in view of extremist and terrorist activities and threat to their lives, require security of a high order and whose security requirements are governed by any statutory provisions made by Parliament or the State Legislature in this behalf. The above restrictions shall also not apply in the case of President and Vice-President of India, Speaker and Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha and such other dignitaries visiting the State from other States. In the case of Speaker, Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha these restrictions will be applicable at the time of General Elections to the Lok Sabha. It is, however, clarified that such exceptions shall not be made in respect of any Ministers of the Union or any State Government. 7 (a) The Commission would like to make it clear that if it has any material to doubt that the assessment of security requirements made by the authorities under Special Protection Group Act, 1988 or any other special enactment/instruction of the Government have been manifestly or unduly excessive with the intention of promoting indirectly the electoral interests of a particular party or candidate, the Commission will bring the matter to the notice of the concerned Government for immediate and appropriate corrective steps. 7.(b) For this purpose, the Commission may call for any information from the Central Government or the State Government concerned with regard to the assessment of the security requirements made in respect of any such personality. Such information shall be furnished to the Commission by the concerned government forthwith. 8.The Commission further directs that cars/vehicles shall, under no circumstances, be allowed to move in convoys of more than three vehicles. All bigger convoys shall be broken up, even if they are carrying any Minister of Central or State Government or any other person. This shall, however, be subject to any security instructions issued in respect of any such individual.

630

9.The Commission further directs that from the date of announcement of elections till the completion of elections, the District Administration shall keep a close watch on the use of all the abovementioned vehicles to see whether any such vehicles is being misused for electioneering for, or by, any candidate. If it is found that any of the abovementioned vehicles of Central Government or State Government, including those of public sector undertakings or local bodies is being used for electioneering purposes, the District Magistrate shall, forthwith, requisition or cause to be requisitioned such vehicles, after following due procedure, for election work, to be used by officers performing election related duties under Section 160 of the Representation of the People Act, 1951. The vehicles so requisitioned shall not be released until after the completion of the process of elections. 10.The above directions of the Commission are issued under the powers conferred on it by Article 324 of the Constitution and all other powers enabling it in that behalf. 11.This should be brought to the notice of all concerned. A copy of this order in English/Hindi and any local official language(s) shall be made available to the units of all recognised National and State political parties and to each candidate or the agent authorized by him, at the time of his nomination(s) (repeat nomination and not scrutiny of nomination) under acknowledgment

631

ITEM NO. 311 Election Commission's Order No. 43 7/6/96/PLN-III, dated 16.01.1996 ORDER Subject: General Elections/Bye Elections - Restrictions on misuse of vehicles The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during elections from time to time. The Commission has now directed that the following instructions in suppression of all earlier instructions shall be the standing instructions for all general/bye elections to the House of the people and the State Legislative Assemblies. These instructions are issued under Article 324 of the Constitution and all other powers enabling the Commission in this behalf. 2.Section 123(5) of the Representation of the People Act, 1951 provides that the hiring or procuring or use of vehicles by a candidate or his agent or by any other person with the consent of the candidate or his election agent for the free conveyance of the voters to and for from the polling station shall be a 'corrupt practice' for the purposes of the Act. Such a 'corrupt practice' attracts penalty and is punishable with fine which may extend to five hundred rupees under section 133 of the Representation of the People Act, 1951. 3.For an election to the House of the People, each contesting candidate, on the day of poll, will be entitled to: (a)one vehicle for his own use in respect of the entire constituency. (b)In addition, one vehicle for use of his election agent or workers or party workers, as the case may be, in each of the assembly segment comprised in the Parliamentary Constituency. 4. For an election to the State Legislative Assembly, on the date of poll in that Constituency each contesting candidate is entitled to: (a)One vehicle for his own use (b)One vehicle in total for the use of his election agent or workers or his party workers, as the case may be, for the vehicles, indicated above. 5.The permits for the vehicles indicated above will be issued by the District Magistrate/ Returning Officer. The candidates are required to register their vehicles with the authorities concerned and display the permits issued by the authorities on the windscreen of the vehicles. No other vehicles shall be allowed to be used by the leaders of the political parties including ministers, workers, agents and sympathizers of any candidate. No exception shall be made, irrespective of the status of the candidate. 6.The aforementioned restrictions shall apply to all vehicles propelled by mechanical power or otherwise including but not restricted to taxies, private cars, trucks, tractors with or without trailers, auto- rickshaws, scooters, mini buses, station wagons etc. 632

7.Penal action, both under the provisions of the R.R Act, 1951 and Chapter IX A of the Indian Penal Code, shall be taken against anyone offending the above directions, in addition to action under the Motor Vehicles Act. All vehicles being used in violation of these directions shall be confiscated. 8.There is no intention on the part of the Commission to put a complete ban on all vehicular traffic on the polling day and thereby create difficulties or cause harassment to the public. For genuine bonafide use for purposes other than election, the following types of vehicles shall also be allowed to be plied on the day of poll and there will be no exception: (a)Private vehicles being used by the owners for their private use, not connected with elections; (b)Private vehicles being used by owners either for themselves or for members of their own family for going to the polling booth to exercise their franchise, but not going anywhere within a radius of 200 meters of a polling station; (c)Vehicles used for essential services namely hospital vans, ambulance, milk vans, water tankers, electricity emergency duty vans, police on duty, officers on election duty; (d)Public transport carriages like buses plying between fixed termini and on fixed routes; (e)Taxis, three wheeler scooters, rickshaws etc. for going to airports, railway stations, inter state bus stands, hospitals for journeys which cannot be avoided; (f)Private vehicles used by sick or disabled persons for their own use. 9.In addition, it has been experienced that during the period of electioneering private vehicles are used by the candidates, their agents and party leaders and supporters for carting the supporters of a candidate within the constituency and on many occasions anti-social elements with muscle power are openly paraded to instill a sense of fear in the minds of the electorate, so that they either vote in favour of particular party/candidate or abstain from voting altogether. These vehicles are also used sometimes to smuggle illicit arms and ammunition with a view to creating disturbances during elections. 10.In order to curb such undesirable/illegal activities, the Commission further directs that the District Administration shall keep a close watch on the vehicles used by persons accompanying the contesting candidates and their party's leaders for any possible mischief, including criminal activities like carrying of illegal arms and weapons. If any of these vehicles, either of a party or a private owner, is found to be involved in any such act or for carting anti-social elements with a view to intimidating or creating terror in the mind of the electorate, it shall be the duty of the local administration to impound such vehicles and not to release them till the process of elections is completed. In addition, criminal action against the owner, the occupant(s) and the candidate/political party which is involved in such illegal activities shall also be taken as per law.

633

11.So as to ensure free, fair and peaceful elections, the District Administration shall launch such drive for checking the vehicles immediately upon the announcement of the elections and shall continue the drive till the completion of the process of elections. 12.All authorities concerned shall fully ensure that these directions are scrupulously followed in respect of all vehicles. Utmost care shall also be taken to ensure that no misuse of any vehicle is made in the garb of use for "bonafide" purposes or personal use.

634

ITEM NO. 312 Election Commission's letter No.437/6/97-PLN-III dated 18.03.1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies -Instructions on misuse of vehicles during election period Regarding The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during the election period. In the interest of preserving the purity of election process and rendering the same reflective of true choice of the people, the Commission has now directed that the following instructions shall1 be strictly followed at all the General and Bye-elections to the Lok Sabha and Assembly constituencies. These instructions are issued under article 324 of the Constitution and all other powers enabling the Commission in this behalf. 1.Cars/vehicles being used for electioneering purposes, shall, under no circumstances, be allowed to move in convoys of more than three vehicles from the date of notification till the completion of election process in any constituency. All bigger convoys shall be broken up, even if they are carrying any minister of Central or State Govt. This shall, however, be subject to any security instructions issued in respect of any such individual. In other words the convoy shall not in any case exceed three vehicle of any person plus the security vehicles allowed in view of the security gradation of that particular person. 2.From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused. 3.If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are not allowed to be used by flouting the Commission's directions till the process of election is completed. 4.The contesting candidates be asked to get the details of all the vehicles that they are using in the election campaign lodged with the District Election Officer or such other officer(s) as may be specifically authorised by the District Election Officer in this behalf before the campaigning commences. Any further deployment of any additional vehicles can take place only after notice to this effect is given by the candidates or his agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that are being deployed for election campaign the details of the areas (tehsil(s) in which the vehicle would operate, should also be conveyed. 5.The details so obtained should be conveyed by District Election Officer to the Election Expenditure Observers.

635

6.The vehicles employed for election campaign as per intimation given by the candidates or their election agents to the District Administration should not be requisitioned by the administration. 7.Any vehicle that has not been registered for campaigning with the district administration if found being used for campaigning, shall be deemed to be unauthorised campaigning for the candidate and may attract penal provisions of Chapter IX A of the Indian Penal Code and shall therefore be immediately taken out of the campaigning exercise. The receipt of this letter may please be acknowledged.

636

EXPENDITURE ON SECURITY ARRANGEMENTS - SHARING

637

ITEM NO. 313 Election Commission's letter No. 437/6/OR/95/MCS/1158 dated 29.03.1996 addressed to The Secretary to the Government of India, Ministry of Home Affairs, New Delhi and copy endorsed to CEOs of All States and Union Territories. Subject: Expenditure on security of PM during election visits Please refer to letter of Shri V.K. Malhotra, Joint Secretary (CS) dated 21.2.96 regarding clarification sought by Orissa Government in connection with the expenditure to be incurred on the barricading and rostrums etc. for Prime Minister's visit in connection with elections. 2.Attention is drawn to Commission's Order No. 437/6/ES0025/94/MCS dated 21.10.94 (copy enclosed) wherein it has been clarified that the State Governments/Union Territories should strictly adhere to the Order of the Supreme Court given by its Order dated 29.4.94 in the writ petition (Civil) No.312 of 1994. In the Commission's Order, it has further been directed that such individuals who visit State/ Constituency for electioneering and election arrangements like barricading/rostrums etc. shall be borne by the concerned political party. 3.It is, therefore, directed once again that instructions as contained in Commission's Order dated 21.10.1994 should be strictly adhered to.

Annexure Letter No. 437/6/ES0025/94/MCS Dated 21 st October 1994 addressed to Chief Secretaries and CEOs of all States and UTs. ORDER The Commission vide its letter No. 437/6/93-PS-II dated 31 st December, 1993 had reiterated the total and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel during elections and had directed that there will be total ban on the use of any vehicles for any purpose connected with the election by any political party, the candidate or any other person connected with election. 2.The Commission vide its letter No. 437/6/94 dated 2nd February, 1994 had invited attention to the circular letter No. 10/17/89-M&G dated 1 st November, 1989 from the Ministry of Home Affairs on the tour of ministers in connection with the election campaign and had observed that those instructions were flouted with impunity and had therefore issued further instructions without, in any way overriding, modifying or affecting the instructions of the Ministry of Home Affairs dated 1 st November, 1989 referred to above.

638

3.The Supreme Court in its order dated 29th April, 1994 in a writ petition (Civil) No. 312 of 1994(State of Tamil Nadu versus Chief Election Commissioner and others) seeking exemption in the case of Chief Minister of Tamil Nadu had directed as follows : "While we are conscious of the effort being made by the Election Commission to ensure cleanliness of the electoral process and for the protection and ensurement of free and fair polls, we are afraid, the Election Commission cannot, as it seeks to do here, put out of consideration the security requirements of certain political personalities who might, in view of extremist and terrorist activities and threats to their lives, require security of a high order. To confine the security to only the Prime Minister of the country, as the Election Commission has done, and to deny, as the communication dated 31st March, 1994 seeks to do, to all other may not reflect a proper perception and appreciation of the problem. At all events, the Election Commission will have to take note of the statutory provisions. However, we should make one aspect clear. Having regard to the responsibilities and obligation of the Election Commission to ensuring purity of the electoral process, it is open to the Election Commission, if it has material to doubt that the assessments of the security requirement made by the Director of the Tamil Nadu Special Security Group under the status are so manifestly and unduly excessive as to amount to promotion indirectly, of partisan electoral interests, to bring such matter to the notice of the State Government for appropriate corrective steps." 4. The Cabinet Secretariat in its letter No. 10/22/094-ES dated 3/5 May, 1994 had issued instructions that under the provisions of the Special Protection Group Act, 1988 protection is provided for proximate security of the following :(i)

The Prime Minister and the members of his immediate family;

(ii) Any former Prime Minister or the members of his immediate family for a period of 5 years from the date on which the former Prime Minister cases to hold the office of Prime Minister 5. In the light of the above order of the Supreme Court the Commission had substituted paragraph 3of its letter No. 437/6/93/PS-II dated 31 st December, 1993 vide para 6 of letter of even number dated 8th May, 1994 to say that "the Commission has decided that para 3 of its above referred circular letter No. 437/6/93-P-ii dated 31 st December, 1993 will stand substituted by the following :3(A) The only exceptions from the prohibitions mentioned in para 2 above will be the Prime Minister and other political personalities who might, in view of extremist and terrorist activities and threats to their lives, require security of a high order and whose security requirements are governed by any statutory provisions made by Parliament or the State Legislature in this behalf. 3(B) The Commission would like to make it clear that having regard to its responsibilities and obligations to ensuring purity of the electoral process, the Commission, if it has material to doubt that the assessments of the security requirements made by the 639

authorities under the above referred special enactments or any other special instructions of the Government are so manifestly or unduly excessive as to amount to promotion, indirectly, of partisan electoral interests, bring such matter to the notice of the Central Government and/or, as the case may be, the State Government for appropriate corrective steps. 3(C) For achieving this, the Commission may call for any information from the Central Government or the State Government concerned with regard to the assessment of the security requirements made in respect of any such personality. Such information shall be furnished to the Commission by the concerned Government forthwith." 6 It was further clarified by the Commission in its letter No. 437/6/94 dated 14th May, 1994 that all State Governments and the Union Territory Administration are requested to adhere strict strictly to the orders of the Supreme Court. Further, orders relating to security of the individuals issued under statutory powers or other powers must be fully honoured. 7. The Commission has further directed that when such individuals visit State/Constituency for electioneering and election related work, the expenditure incurred on security arrangements like barricading/ rostrums etc. shall be borne by the concerned political parties.

640

ITEM NO. 314 Election Commission's letter No.437/6/GUJ/98-PLN-III dated 16.01.1998 addressed to The Cabinet Secretary to the Govt. of Gujarat. Subject: Model Code of Conduct - regarding I am directed to refer to D.O.No.SBI/SSA/1 098/409 dated l3th January, 1998 from Principal Secretary, Home Department, and to state that all Ministers both Union and the State and all other leaders of political parties will be allowed security as per the threat perceptions assessed by official agencies and other professional agencies. The expenditure on the bullet proof cars and all other cars used by these individuals will be borne by the individuals concerned. However, expenditure on the security staff will be borne by the State Government/UT Administration concerned.

641

ITEM NO. 315 Election Commission’s letter No. 76/2004/J.S.II, dated 10.04.2004 addressed to the Chief Electoral Officers of-All the States and Union Territories. Subject: - Expenditure to be incurred on barricades and rostrums etc. I am directed to refer to Commission's letter No. 437/6/OR/95/MCS/1158 dated 29th March. 1996 read with Commission's orders No. 437/6/ES/0025/94/MCS dated 21st October, 1994 (reproduced as item No. 133 in the Compendium of Instructions. 2004) wherein it has been laid down that expenditure incurred on security arrangements like barricading / rostrums etc. in connection with the campaigning by any political leader or candidate shall be borne by the concerned political party. The Commission has received queries to the effect -whether the expenditure on construction of rostrums / barricades will be charged to the political party or to the account of the individual candidate or a group of candidates belonging to the political party who are present on the occasion of a meeting where "leaders" of the political party participate.

2.

The guiding principles to distinguish between the expenditure incurred by the

political party and the expenditure incurred by the candidates were enunciated by the Supreme Court in Kanwar Lai Gupta v Amar Nath Chawla (AIR 1975 SC 308) wherein the Apex Court had observed: "when the political party sponsoring a candidate incurs expenditure in connection with his election as distinguished from expenditure on general party propaganda, and the candidate knowingly takes advantage of it and participates in the programme or activity and fails to disavow the expenditure or consents to it or acquiesces in it, it would be reasonable to infer, say in special circumstances, that he authorised the political party to incur such expenditure and he cannot escape the rigours of the ceiling by saying that he has not incurred the expense, but his political party has done so." 642

4.With the amendment to Section 77 of the Representation of People Act, 1951 only the expenses on account of travel of leaders of the political parties, covered under explanation 2 below Section 77, will be exempted from being included in the account of election expenses of the candidate. All other expenses - incurred / authorized by the political parties, other associations, body of persons / individuals - are required to be included in the account for the candidate.

4.

The Commission has considered the matter carefully and keeping in view the

provisions of law has directed as follows:i.

The expenses on construction of barricades / rostrums etc. when done initially by the government agencies on account of security considerations on behalf of the party/organizers are to be booked as expenditure of a candidate in whose constituency the said meeting takes place or to a group of candidates who are present at the time when the leader of a political party addresses such a meeting. In cases where there are more than one candidate of the political party present at the time of the said meeting of the "leader", the expenditure will be apportioned equally amongst all, and the District Election Officer of the district where such a meeting takes place shall obtain the final costs from the concerned government agencies within three days of the event and intimate to the candidates their respective share of expenditure. This information will also be intimated to the Returning Officer / District Election Officer of the Constituency / District to which the other candidates belong,

ii.

Where such construction of rostrums/barricades are done on account of security considerations by the candidate(s) or the political party or the organizers from their own funds, amount will be reflected in the accounts of the concerned candidate or a group of candidates present in the meeting of the "leader". These accounts will be duly verified by the Election Observer or the Designated Officer appointed for scrutiny of the accounts.

5.

The Commission has further directed that in all cases where the

construction of barricades/rostrums are being done by government agencies the 643

candidate/political party /organizer will deposit the estimated cost of barricades/rostrum in advance.

6.

For expenditure already incurred on such items between the date of

notification issued for the first and second phases of the current general elections, the concerned DEOs shall immediately take action as per para 4 above and inform all candidates concerned.

644

ELECTION EXPENDITURE

645

ITEM NO. 316 Election Commission's direction No. 76/81, dated 18.09.1981 Subject: Lodging of accounts of election expenses DIRECTION Under the powers vested in the Election Commission under Article 324 and in pursuance of rule 89 of the Conduct of Elections Rules, 1971, and all other powers enabling it in that behalf and in order to ensure that the work pertaining to the accounts of election expenses of the contesting candidates at a general election or a byeelection is complete expeditiously, the Commission directs that (i) Each of the supporting vouchers lodged with account of election expenses shall bear the signature in full of the contesting candidate or his election agent, if any: (ii) When a contesting candidate lodges his account of election expenses before the District Election Officer, the District Election Officer shall issue an acknowledgment immediately. The acknowledgment shall be issued to the person concerned if account is presented in person or sent by post if received through post. The acknowledgment shall be as in the proforma for the maintenance of account of election expenses. (iii) The District Election Officer shall send his report to the Election Commission as contemplated in rule 89 of the Conduct of Election Rules, 1961 within ten days from the expiration of the 30 days within which the account of election expenses in respect of a constituency is required to be lodged; (iv) Under sub-rule (5) of rule 89 of the Conduct of Elections Rules, 1961 only one show-cause notice shall be sent by Registered A.D. Post to a candidate, who fails to lodge his account of election expenses within the time and in the manner required by law; (v) When a notice is issued by Registered A.D. Post, unless the communication is received undelivered within a reasonable period, say a month, it shall be presumed that the notice has been served on the candidate. On the expiry of one month after the date of issue of the notice, the case shall be disposed of. (vi) All correspondence with a candidate shall be sent to him at the address as furnished in the contesting candidate list. A candidate shall intimate in writing the District Election Officer concerned about the change in his address, if any for future correspondence. The District election Officer shall intimate to the Election Commission forthwith the change.

646

ITEM NO. 317 Election Commission's order No. 76/93/J.S.II, dated 27.12.1993 Subject:

Enforcement of provision of section 171H IPC, of relating to illegal election expenses. ORDER

The Commission vide its Order No. 76/93/J.S.II, 17th December, 1993, in order "to render the accounts of election expenditure submitted by candidates as little incorrect and as close to the truth as possible, within the bounds of law as it stance at present", issued a revised proforma for filing the returns of election expenditure, and directed that the returns thus filed will be supported by an affidavit of the candidate certifying that all election expenditure on listed items has been completely and unexceptionably included in the return and there is nothing that has not been disclosed. 2.The Commission is aware of the fact that Explanation 1 to sub-section(1) of Section 77 of Representation of the People Act, 1951 gives protection to candidates against keeping a "separate and correct" account of expenditure incurred/authorised as a part of their election campaign by political parties, associations of bodies of persons, or by individuals other than the candidate and his election agents. The Commission has noticed that in the process of submission of returns of election expenses, many candidates are trying to off-load unaccounted expenses on political parties and such other bodies of persons and individuals as are covered by the abovementioned Explanation 1 to sub-section(1) of Section 77 of the Representation of the People Act, 1951. 3.The Commission has examined the matter and hereby cautions all concerned that any misuse of the above -mentioned Explanation will result in punishments under Section 171 -H of the Indian Penal Code with reads as below:"171 -H Illegal payments in connection with an election-whoever, without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate". 4.The Commission hereby cautions all concerned repeat all concerns, which includes but will not be restricted to candidates, political parties, bodies of persons, individuals and Government officials engaged in election-related work, that if the provisions of the 647

above-quoted Section 171 -H are flouted or are abetted to be flouted by anyone, the Commission will file criminal cases against all those concerned and pursue them to the end. 5.This order is given the widest possible publicity through all possible means.

648

ITEM NO. 318 Election Commission's order No. 76/95/J.S.II dated 10.04.1995 ORDER Subject: Language in which the accounts of election expenses may be filed by the contesting candidates0 1.The question of language in which a contesting candidate can file the return of account of election expenses under section 78 of the Representation of the People Act, 1951 has been examined by the Commission. 2.All statutory documents and forms under the election law are printed and made available in the local approved languages. Candidates and others are permitted to file miscellaneous petitions and representations in local languages. These documents are not rejected on grounds of their not being in English or Hindi. 3.It would be unjust to reject an election expenses return lodged by a candidate on the ground of its not being in English or Hindi in view of the fact that the candidates who are not well versed in these languages will feel deprived. If mistakes are found in returns of election expenses the same may be ascribed to lack of knowledge of English or Hindi. 4.Apart from the mandatory provision that all statutory documents and forms shall be prepared in local approved languages, the Commission also directs the Chief Electoral Officers in its various important orders and directions to get them translated into local languages if those orders or directions are meant for wide publicity and circulation among the political parties, candidates and public in the State. 5.Thus, in fairness to the contesting candidates at elections to the House of the People and the State Legislative Assemblies from different States and Union Territories, they will be permitted to file returns of election expenses in English, Hindi or the local language(s) in which the electoral rolls are printed. 6.It shall be responsibility of the Chief Electoral Officers, District Election Officers and Returning Officers to ensure that all the contesting candidates get the forms/registers/extracts of rules relating to lodging of returns of accounts of election expenses in the approved regional language for electoral rolls so that no candidate may complain that he is not aware of the statutory requirements relating to filing the returns of election expenses and he is able to maintain his account from day to day properly and accordingly.

649

ITEM NO. 319 Election Commission's letter No. 76/EE/96-Jud.II, dated 07.04.1996, addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Supreme Court's Judgment dated 4.4.1996 in writ petition No. 24 of 1995 (Common cause Vs. Union of India and others) relating to election expenditure I am directed to forward herewith a copy of the full text of judgment-dated 4.4.1996 of the Hon'ble Supreme Court in the above matter. 2.A copy of the above judgment has been furnished to each political party, i.e., National, State and Registered-unrecognized parties. All observers appointed by the Commission have also been furnished with copies of the judgment Copies of the letters written to them in this behalf are enclosed for your ready reference. 3.In terms of Article 141 of the Constitution, the pronouncement of the Hon'ble Supreme Court becomes the law of the lead and the above judgment is thus binding on every one, without exception. 4.Please peruse the whole of the above judgment Your special attention is invited to the observations of Hon'ble Court from page 18 onwards and the rulings at pages 2832 of the judgment 5.You should apprise immediately all District Election Officers, Returning Officers, Assistant Returning Officers and other officers concerned with the conduct of elections, of the above judgment of the Hon'ble Supreme Court for their information, guidance and strict compliance. 6.Further, the District Election Officers should be instructed to furnish immediately to each contesting candidate an extent of the ruling of the Hon'ble Supreme Court at pages 28-32 of the judgment and an acknowledgment in token thereof obtained. A few copies of the judgment may also be kept at all media centres set up at the State and District levels for the benefit of those who want to study the full text of the judgment. 7.The receipt of this letter along with its enclosures may kindly be acknowledged urgently.

650

ITEM NO. 320 Election Commission's letter, No. 76/EE/96-Judl.II, dated 07.04.1996. addressed to (1) All Recognised National Parties, (2) All Recognised State parties, and (3) All Registeredunrecognized parties. Subject: Supreme Court's Judgment dated 4.4.1996 in Writ Petition No. 24 of 1995 (Common cause Vs. Union of India and others) relating to election expenditure I am directed to forward herewith a copy of the full text of judgment dated 4.4.1996 of the Hon'ble Supreme Court in the above matter. 2.In terms of Article 141 of the Constitution, the pronouncement of the Hon'ble Supreme Court becomes the law of the land and the above judgment is thus binding on every one, without exception. 3.We request you kindly to peruse the whole of the above judgment Your special attention is invited to the observations of Hon'ble Court from page 18 onwards and the rulings at pages 29-32 of the judgment 4.You should apprise immediately all candidates and local units of your party of the contents of above judgment of the Hon'ble Supreme Court for their information, guidance and strict compliance. 5.The commission has directed that all political parties, whether recognized as National parties or State parties or registered-unrecognised political parties, should submit to the Commission, for its scrutiny, the details of the expenditure incurred or authorised by them in connection with the election of their respective candidates at the current general elections to the House of the People and State Legislative Assemblies and the by-elections. 6.The above details of expenditure should be submitted by all political parties as soon as may be after the current elections are over and in, any case, not letter than 5.00 p.m. on 31 st July 1996. These details should cover all expenditure incurred or authorised by the parties from 19th March, 1996, i.e., the date on which the commission announced the programme for the current elections, and till the completion of elections in all the constituencies in which they have set up their candidates. 7.The expenditure should be classified under two main hands, namely, (1) expenditure incurred or authorised on general party propaganda, and (2) expenditure incurred or authorised in connection with the election of individual candidates. The expenditure under the head (2) should give break-up of such expenditure in respect of each candidate separately. 8.Further, the expenditure as classified under the two main heads mentioned above should be categorised under the sub-hands indicated in Annexure I hereto.

651

9.To enable the Commission to conduct a scrutiny of the expenditure incurred or authorised by the parties, they should also furnish to the Commission complete information on (i) the opening balance of the party funds as on 19.03.1996, (ii) total receipts of the party from all sources from 19.03.1996 till the completion of elections, and (iii) closing balance on the completion of all elections. These statements must be certified as to their correctness/completeness by an authorized office-bearer of the party. 10.The receipt of this letter along with its enclosures may kindly be acknowledged urgently. Annexure Details of Election Expenditure Name of Party: Part I (i) Opening balance of party funds in whatever manner held as on 19.03.1996 :............... (ii) Total receipts from all sources from 19.03.1996 to……….(Completion of election) : (iii) Total expenditure from 19.03.1996 to................. (Completion of elections) : (iv) Closing balance as on..................... Completion of election) : Part II Expenditure on General Party Propaganda A.

Publicity

(1)Printed materials, like manifesto, pamphlets, posters, handbills, etc. (2)Electronic media (3)Advertisements in newspapers, magazines, souvenirs etc. (4)Cut-outs, hoardings, banners, flags, arches, gates, etc. (5)Through any other means. B.

Travel Expenses of Leaders and workers

(1)On cars, other four wheelers, three wheelers and two wheelers................... (2)Trains.................. (3)Aircraft/helicopters/ships, etc..................... (4)Animal transport.................. (5)Expenses on accommodation, etc................. 652

C.

Maintenance and running of party/campaign office...............

D.

Public meetings...........

E.

Processions...........

F. III.

Other Misc. expenses (Please specify):............ Expenditure on Individual Candidates Name of the candidate and particulars of his constituency...............

A.

Publicity

(1)Printed materials, like manifesto, pamphlets, posters, handbills, etc. (2)Electronic media (3)Advertisements-in newspapers, magazines, souvenirs etc. (4)Cut-outs, hoarding, banners, flags, arches, gates, etc. (5)Through any other means. B.

Travel Expenses of Leaders and workers

(1)On cars, other four wheelers, three wheelers and two wheelers............... (2)Trains (3)Aircraft's, helicopters, ships, etc (4)Animal transport.............................. (5)Expenses on accommodation, etc................................. (6)Remuneration/refreshments, etc., given to party workers and agents............................... C.

Maintenance and running of Party/Campaign Offices..........

D.

Public meetings........

E.

Processions........

F.

Other Misc. expenses (please specify):........

653

ITEM NO. 321 Election Commission's letter No. 76/OBS/96/PLN.I, dated 07.04.1996 addressed to all Election Expenditure Observers. Subject: General Elections to Lok Sabha and State Legislative Assemblies, Guidelines -Reg. The Hon'ble Supreme Court in writ petition (civil) No. 24 of 1995 "Common cause Vs. Union of India and others" has given its judgment on 4.4.96. A copy of the same is enclosed for your perusal. 2.Questions have been asked as to the role of the election expenditure observers in the context of the aforementioned judgment. 3.It is clarified that the judgment renders your work even more important. The instructions contained in para 12 of Guidelines for election expenditure observers, will continue to apply. They are advised to make an independent estimate of the expenditure incurred item wise by each contesting candidate on his own and on his behalf by any political party or by any other association or body of persons or by any individual, as provided for in Explanation (1) to Section 77(1) of the Representation of the People Act., 1951. The observers should reflect that details of these particulars, on the basis of their assessment, in their reports. 4.While making an independent assessment of the expenditure by the candidates, political parties and others, the following ruling of Hon'ble Supreme Court in the aforementioned case, inter-alia, may be kept in mind:"A political party which is not maintaining, audited and authenticated accounts and has not filed the return of income for the relevant period, cannot, ordinarily, be permitted to say that it has incurred or authorised expenditure in connection with the election of its candidates in terms of explanation 1 to Section 77 of the Representation of the People Act. That the expenditure, (including that for which the candidate is seeking protection under explanation 1 to section 77 of the Representation of the People Act.) in connection with the election of a candidate-to the knowledge of the candidate or his election agent-shall be presumed to have been authorized by the candidate or his election agent. It shall, however, be open to the candidate to rebut the presumption in accordance with law and to show that part of the expenditure or whole of it was in fact incurred by the political party to which he belongs or by any other association or body of parsons or by an individual (other than the candidate or his election agent). Only when the candidate discharges the burden and rebuts the presumption he would be entitled to the benefit of explanation 1 to section 77 of the Representation of the People Act." 5. The commission, while scrutinizing the accounts of election expenditure filed by the candidates as required under law, will utilize the inputs furnished in the reports of the election expenditure observers, and will take appropriate action. 654

ITEM NO. 322 Election Commission's Press Note, dated 05.01.1998

Subject: Maintenance of account of election expenditure by the candidates The 11th Lok Sabha was dissolved by the President of India on 4.12.1997. While dissolving the 11th Lok Sabha, President directed that 12th Lok Sabha should be constituted by 15th March, 1998. On 5.12.1997, the Election Commission of India, while making an over all assessment of poll related issues in the Country, and keeping in view the low ceilings on election expenditure prescribed for candidates, had taken the view that the following three items should be excluded from the list of items of expenditure, for which every candidate has to account for in his return on the expenses incurred by him in any election; (i)

Cost of nomination Form,

(ii)

Expenditure on security deposit,

(iii)

Expenditure on purchase of electoral rolls and issue of unofficial identity slips

for canvassing. 2.The Election Commission of India had consistently been holding the view that ceilings on expenses for candidates in Lok Sabha and Assembly elections were unrealistically low, and had been repeatedly recommending to the Government to bring in necessary changes in the law by which these amounts were raised to reasonably realistic level. Now, the Government has amended the relevant rule prescribing maximum limits on election expenditure. Such limits have been raised from Rs.4.5 lakhs to Rs.15 lakhs, in the case of Parliamentary Constituencies and from Rs.1.5 lakh to Rs.6 lakh in the case of Assembly Constituencies for bigger State with suitable variations in respect of the smaller States. The expenses incurred by the political parties are still outside the purview of these limits, though the Commission has been recommending that the said limits should be all inclusive, including the expenditure incurred by a political party in relation to a particular candidate. 3. Taking this revised scenario into account, the Commission is now of the view that the above limited concession in the form of exemption of expenditure on the aforementioned three items will no longer be needed by the candidates. Accordingly, they will be continue to account for the above items of expenditure in their returns, as was as being done hitherto.

655

ITEM NO. 323 Election Commission's letter No. 76/98/JS. II dated 19.1.1998 addressed to the Chief Electoral Officers of All States and Union Territories. [Please also see Commission's letter No.76/2003/JS-II, dated 24.10.2003 (Item No.325), No.76/2003/JS-II, dated 29.10.2003 (Item No.326) and No. No. 76/2003/JS-ii dated January 2, 2004 (Item No.327)]

Subject: General Elections/Bye-Elections - Instructions for guidance of contesting candidates for lodging their accounts of election expenses - Inspection of accounts of election expenditure as an additional measure - regarding I am directed to invite your attention to the Commission's letter No.76/96/J.S.II, dated 12.1.1996, on the above subject, as reproduced at item No. 123 at p. 287 of Compendium of Instructions on Conduct of Elections, 1998 Edition. 2 As per standing instructions contained therein, the contesting candidates are required to maintain their election expenditure account in the prescribed register on dayto-day basis. They are also required to make available the said register, with supporting documents, for inspection, at any time during the process of election, to the District Election Officers/Returning Officers/Election Expenditure Observers appointed by the Commission or any other such authority nominated by the Commission in this behalf. It has also been clarified that the failure to produce this register, on demand, will be considered as a major default. 3.The Commission has now decided that the contesting candidates shall make available the said register, with supporting documents, for inspection, only once in three days. In non-metropolitan Parliamentary Constituencies, which geographically cover large areas, the expenditure register may be shown by them either to the District Election Officer/Returning Officer, or to any of the Assistant Returning Officers whose office is considered to be nearest or easily approachable by them on any such occasion of inspection. In addition, the 178 District Election Officers may also designate an officer in each Assembly Constituency/segment for such inspection. 4.You are requested to bring the contents of this letter to the notice of all concerned for their information and compliance.

656

ITEM NO. 324 Election Commission's Letter No. 76/98/J.S. II dated 30.10.1998 addressed to CEOs of all States and UTs. Subject: Daily accounts of election expenditure to be maintained by contesting candidates in prescribed Register submission to the officers/Expenditure Observers for scrutiny -compliance - regarding I am directed to state that as a measures to curb and keep a check on the tendency towards excessive expenditure in electioneering, the Commission has devised a Register containing a detailed proforma that is to be filled up and maintained on a continuous day-to-day basis by all contesting candidates on their electioneering campaigns. Vide Commission's letter No.76/98/JS-II dated 19.1.1998 it has been directed that the District Election Officer should nominate/designate officers located within the district, before whom a contesting candidate should produce periodically the Register of his day-today election expenses account, for the purposes of inspection and scrutiny. Reacting to the views expressed by some political parties, the Commission had further issued instructions vide the above letter that though the accounts of election expenses are to be maintained on daily basis, the same need be submitted to the designated officer for the purpose of inspection and scrutiny only once in three days. 2.It has come to the notice of the Commission that in some instances certain candidates have not cared to show the Registers of their daily election expenses to the designated officers, or even the Observers appointed by the Commission despite the same having been asked from them. 3.Obviously it raises a reasonable presumption that the accounts of expenses are not being maintained on a daily basis as required under the law, in these cases, but are being prepared after the election process is over in a manner which does not give a true account of the expenses that were indeed incurred by the candidate. The Commission, therefore, directs that where a candidate does not produce the Register containing his daily account of election expenses, before the designated officer/ Observer, despite notice, the District Election Officer shall cause a complaint to be lodged under Section 171 -I of Indian Penal Code against the errant candidates. 4.In addition to this, the fact whether a candidate has submitted the Register showing his daily account of expenditure to the designated officer/Expenditure Observer, for his scrutiny on timely basis and whether any action has been taken against any candidate for non-compliance in this respect should be explicitly mentioned in the remarks column of the report that the District Election Officer furnishes to the Commission under Rule 89 (1) of the Conduct of Election Rules, 1961 (Annexure XLIX to Returning Officers Handbook) to the effect whether the candidates have filed their returns of expenditure on elections or not.

657

This may be brought to the notice of all concerned, particularly the contesting candidates so that they are well aware of the penal consequences that they may have to suffer if they do not furnish the Registers showing their election expenses to the designated officer/Observers at the appropriate time.

658

ITEM NO. 325 Election Commission's letter No.76/2003/JS.II dated 24.10.2003 addressed to the Chief Electoral Officers of all States/UTs. Subject: Revised Format for Maintaining Account of Election by Candidates under Sections 77 and 78 of the Representation of the People Act, 1951 I am directed to say that the Commission has revised the format in which the candidates contesting elections to the House of the People and Legislative Assemblies are required to maintain the account of their election expenses under section 77 of the Representation of the People Act, 1951. A copy of the revised format is enclosed. Some minor changes have been made in the format of the Register in which the candidates are to keep the day-to-day account of their election expenses (Appendix 1of the format). The format in which the abstract statement of the expenses giving detailed information about the expenses have undergone comprehensive changes (Appendix - 2). The format of the affidavit to be submitted by the candidates (Appendix3) and the format of the letter to be handed over to the candidates by the Returning Officers inviting their attention to the requirements of law regarding filing of account of election expenses (Appendix - 4) have also been modified. If in the States where elections have been announced by the Commission, the registers for maintaining the day to day account of expenses have already been printed in the earlier format, the same may be used for the current elections. However, for the abstract statement and the affidavit to be submitted by the candidates at the time of lodging the account of election expenses the revised format alone should be handed over to the candidates. It may be noted that as per new Explanations 1 and 2 inserted under Section 77(1) [vide the 'Election And other Related Laws (Amendment) Act, 2003', already sent to you] only the expenses on account of travel of 'leaders' of the political covered under Explanation - 2 will be exempted from being included in the account of election expenses of a candidate. All other expenses - incurred/authorized by the political parties, other associations, body of persons, individuals - are required to be included in the account of the candidate. This change in the law should be specifically brought to the notice of the District Election Officers, Returning Officers, etc. The formats for maintaining account of election expenses, affidavit of candidates and the letter to be addressed to the candidates by Returning Officers as given in Annexure-XVI of Handbook for Returning Officers (EVM) and the corresponding part in the Handbook for Candidates may be treated as amended/substituted by the formats enclosed herewith.

659

Appendix-1 Register for Maintenance of day to day Accounts of Election Expenditure by Contesting Candidates Name of the Candidate

:

Name of the Political Party, if any

:

Constituency from which contested

:

Date of declaration of result

:

Name and Address of the Election Agent

:

Total expenditure incurred / authorised (from the date of nomination to date of declaration of result of election, both date inclusive)

:

Date of Expen­ diture

Nature of Name of Person/Political Expen­ Party/Association/Body diture who incurred/authorised

Expenditure Political Party/ Candidate/ Associations/ his Election Body/Any Agent other individual

1

2

3

4

Amount of Expenditure

Paid

Out­ standin g

5

6

660

Date of Name and S.No. of S.No. of in Name & Payment Address of Voucher case of Address of Payee case of an an amount person to amount outstandin whom the paid g amount outstandin g is payable

7

8

9

10

Remarks

11

Certified that this is a true account kept by me/my election agent under section 77 of the Representation of the People Act, 1951 (Certificate to be furnished after the date of declaration of the result) N.B. 1. This Register must be maintained on daily basis and shall be subject to inspection at any time by the observers appointed by the Election Commission, the District Election Officer, Returning Officer or by any other officer authorized in this behalf. 2.This Register must be lodged in original with the District Election Officer as the return of election expenditure under section 78 of the Representation of the People Act, 1951. It must be accompanied by an Abstract Statement of election expenses and an affidavit, in the prescribed formats. No return of expenditure will be accepted as complete without the Abstract Statement of election expenses and the affidavit. 3.Vouchers may not be attached only in respect of those items which are listed in Rule 86 (2) of the Conduct of Elections Rules, 1961 like postage, travel by rail. For any voucher not attached vide this rule, an explanation to the effect that it was not practicable to obtain the required vouchers must be given in the prescribed Register. 4.The candidate shall countersign the account if it is lodged by his election agent and should be certified by the candidate himself to be correct copy of the account kept. 5.Apart from the expenses incurred or authorized by the candidate/election agent directly, all expenditure incurred or authorized by the political party, other associations, bodies of persons, individuals, in connection with the election of the candidate are also required to be included in the account. The only exception is the expenses incurred on travel of 'leaders' of the political party on account of their travel for propagating the programme of the party [See Explanations 1 and 2 of Section 77(1)]. If the expenditure on any item shown above in column 2 is incurred / authorized by any political party / association / body of persons / any individual (other than the candidate or his election agent), its / his name and complete address must be shown in column 4.

661

APPENDIX - 2 Abstract Statement of Election Expenses Part-I

Name of Candidate

:

Number and name of Constituency

:

Name of State / Union Territory

:

Nature of Election

:

Date of declaration of result

:

Name and Address of the Election Agent

:

By-Election/General Election

Part-ll I.Were you a candidate set up by a Political Party ?

: Yes/No

II.If yes, name of the party.

: .........................................

III.Is the Party a recognised Political Party ?

: Yes/No

IV.If recognised political party, whether National / State Party

:

Nation/State Party V.Has your party incurred/authorised expenses in your election ?

: Yes/No

VI.Has any other association/ body of persons / individual incurred/authorised expenses in your election ? : Yes/No VII.If yes, give its/his/their name(s) and complete address

:

(1)................................... (2) .............. (3) ..............

662

Part III Abstract Statement of Expenditure on Election by the Candidate/his Election Agent Item of Expenditure

Expenditure

Incurred/authorised by

Candidate/ his Election Political Party which set Any other him up Agent Association/ Body of Persons/ Individual

1

2 Rs.

i.

Public meetings, processions, etc.

ii.

Campaign materials, like, handbills, posters, video and audio cassettes, loudspeakers etc.

iii.

Campaign through electronic / print media (including cable network)

iv.

Vehicles used and POL expenditure on such vehicles. 663

Total Expenses incurred/ Authorised (Total of Columns 2,3 & 4)

3

4

5

Rs.

Rs.

Rs.

v. vi.

vii.

Erection of gates, arches, cutouts, banners, etc. Visits of 'leaders' to the constituency other than the expenditure on the travel of leaders' as defined in Explanation 2 under Section 77 (1) for propagating programme of the party} Visit of other party functionaries

viii.

Other misc. Expenses Grand Total

Lump-sum grant received, if any, from (i)

Political party

(ii)

Any other association / body (with its name and address)

(iii)

Any individual (with name and address)

part iv Details of Expenditure on Vehicles Used Details of all expenditure on all vehicles used in connection with the election including the vehicles supplied to candidate by his Political Party or any other association/organization/body or by any other individual are required to be shown (the only exception is the expense incurred in connection with travel of 'leaders' of political party for propagating programme of political party covered by Explanations 1 and 2 under Section 77(1).

664

Regn. of of Vehicle

1

Type of Vehicle

2

No. of Days for which

3

Expenditure incurred on POL, maintenance and drivers salary Amount spent Amount spent Amount spent by by the by the Political any other Candidate/ Party association/ body Election Agent of persons/ individual

4

5

Grand total (Col. 4 + 5 + 6) Rs. ____________________________

665

6

part v Details of Expenditure on Public Meetings Public meetings held by the candidate/his election agent/his political party/any other association/ organization/body any other individual (other than the candidate/his election agent) Date of Meeting

1

Venue of Meeting

2

Name of Authority from whom permission obtained

3

Cost of erecting Pandal and Hiring of Furniture and Fixtures

Cost of Hiring Loudspeakers and Micro­ phones

4

5

Other Misc­ ellaneous Expenses

6

Total

7

Out of the amount shown in Col. 7, the Component of Expenditure incurred by

Candidate/ Election Agent

The Political Party

Any other Association/ Body/ Individual

8

9

10

Grand total (Col. 8 + 9+10) Rs. _____________________________

666

Part-VI DETAILS OF EXPENDITURE ON TRAVEL OF LEADER(S) OF THE PARTY NOMINATED IN TERMS OF 'EXPLANATION (2)' UNDER SECTION 77(1) OF THE REPRESENTATION OF THE PEOPLE ACT, 1951 ARRIVAL DETAILS

1

2

3

4

DETAILS OF STAY

5

6

1 2 3 E t c 667

7

DEPARTURE DETAILS

8

9

10

11

12

Total Expenditure: PLACE: CANDIDATE

SIGNATURE OF CONTESTING

DATE:

NAME OF CONTESTING CANDIDATE..............................

668

APPENDIX - 3 Form of Affidavit Before the District Election Officer........................(District, State/Union Territory) Affidavit of Shri.................................................. (S/o)....................................................................... I..................................... son/wife/daughter of....................................................... , aged............................ years, r/o.........................................do hereby solemnly and sincerely state and declare as under :(1) That I was a contesting candidate at the general election/bye election to the House of the People/ Legislative Assembly of............................ from ...............................................................Parliamentary/Assembly constituency, the result of which was declared on..................... (2) That I/my election agent kept a separate and correct account of all expenditure incurred / authorised by me / my election agent in connection with the above election between...................................................................................................................................................... ................................................(the date on which I was nominated) and the date of declaration of the result thereof, both days inclusive. (3)That the said account was maintained in the Register furnished by the Returning Officer for the purpose and the said Register itself is annexed hereto with the supporting vouchers/bills mentioned in the said account. (4)That the account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorised by me or by my election agent, the political party which sponsored me, other associations / body of persons and other individuals supporting me, in connection with the election, and nothing has been concealed or withheld/suppressed therefrom (other than the expense on travel of leaders' covered by Explanations 1 and 2 under section 77 (1) of the Representation of the People Act, 1951). (5)That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons and other individuals supporting me, in connection with the election. (6)That the statements in the foregoing paragraphs (1) to (5) are true to the best of my knowledge and belief, that nothing is false and nothing material has been concealed. Deponent

669

Solemnly affirmed/sworn by............................ at................................. this ........................................................................ Before me.

day

of

200

(Signature and seal of the Attesting authority, i.e. Magistrate of the first Class or Oath Commission or Notary Public)

670

APPENDIX - 4 [Please see instructions in Para 31 of Chapter V of Handbook for Returning Officers (EVM)] No............................. To ............................................................. (name and address of candidate)

Subject: Maintenance of account of election Expenses and lodging of true copy thereof Sir/Madam, Your attention is invited to Section 77 of the Representation of the People Act, 1951 which stipulates that every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. 2.Your attention is also invited to Section 78 of the said Act which further stipulates that every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate, lodge with the District Election Officer, an account of the election expenses which shall be a true copy of the account kept by him or by his election agent under Section 77. 3.Even if a contesting candidate does not seriously contest the election, for any reason whatsoever, and incurs only a nominal expenditure on his security deposit, etc., he is required by law to lodge his account of election expenses. 4.A contesting candidate who fails to comply with the requirements of law regarding the lodging of account of election expenses is liable to be disqualified by the Election Commission under section 10A or the Representation of the People Act, 1951 for a period of three years. 5.The account of election expenses to be kept by a candidate or his election agent under section 77 of the Representation of the People Act, 1951 shall contain the particulars of expenditure, incurred/ authorised from day to day, as prescribed under rule 86 of the Conduct of Elections Rules, 1961. 6.A Register is being furnished to you herewith. You are required to maintain your day to day account of election expenses in this very Register and in no other document. All supporting vouchers, bills, etc., should also be kept along with the Register arranged in proper chronological order at all times. An abstract statement of expenditure is also to be prepared by you after the declaration of result of election in Parts - I to VI of the format enclosed herewith. 671

7.All documents such as vouchers, receipts, acknowledgments, etc. in support of the expenditure incurred or authorised shall be obtained on day-to-day basis and shall be maintained in the correct chronological order alongwith the Register showing the dayto-day account. 8.You should make this Register and the supporting documents available for inspection if demanded at any time during the process of election by the District Election Officer, Returning Officer, Election Observer appointed by the Election Commission or any other such authority nominated by the Commission in this behalf. Failure to produce this register when demanded will be considered as a major default on your part in maintaining your day to day account and you may render yourself liable to penal action under Section 171-1 of the Indian Penal Code. 9.This very Register in which you are to maintain your day to day account of election expenses should itself be filed by you as your account of election expenses after the election as required under section 78 of the Representation of the People Act 1951 mentioned-above. You should keep a copy of the account as maintained in that Register for your record and reference. Alongwith the Register, you must file the abovementioned abstract statement containing details of expenditure, and the same must be supported by an affidavit in the format enclosed. The affidavit should be sworn before a Magistrate of the First Class or an Oath Commissioner or a Notary Public. 10.It may be noted that Section 77(1) has been amended vide Election and Other Related Laws (Amendment) Act, 2003. As per the amended provisions of "Explanation (1)" of this Section, all expenditure incurred or authorised in connection with the election of the candidate by the political party which has set him up, any other association/body of persons or any other individual shall also be required to be included in the account of election expenses of the candidate under the said Section 77. The only exception is the expenses incurred on the travel of 'leaders' of the political party for propagating the programme of the political party, who are covered under 'Explanations 1 and 2 of Section 77(1). 11.If you contest election from more than one constituency, you are required to maintain and lodge a separate account of your election expenditure in respect of each such constituency. 12.Kindly acknowledge receipt of the letter alongwith its enclosures immediately in the enclosed acknowledgment form. Yours faithfully,

RETURNIN G OFFICER FOR ............................. Parliamentary/Assembly Constituency * Strike off whichever is inapplicable

672

Enclosures : 1. Register bearing serial no......containing pages............... for maintenance of election expenses, along with (i) the format for maintaining the abstract statement of accounts and (ii) the format of affidavit. 2.Extracts of Section 77, 78 and 10A of the Representation of the People Act, 1951, and rule 86 of the Conduct of Elections Rules, 1961. 3.Form of Acknowledgment receipt.

673

ACKNOWLEDGEMENT FORM

To The Returning Officer for ____________________________ ____________________________ Sir, I acknowledge receipt of your letter No..................... dated ................alongwith its enclosures containing, among other documents, a Register bearing serial No ................................................................................................. for maintaining of my accounts of election expenses. 2. I have noted the requirements of law for maintenance of account of election expenses and lodging of true copy of that account with the District Election Officer/Returning Officer. Yours faithfully,

Signature of the Candidate with date. *Strike Off, whichever is inapplicable.

ACKNOWLEDGEMENT

The account of the election expenses in respect of ................................................................................................................................ (Constituency) result of which was declared on.....................................................(Date) has been filed by him on his behalf on.................................................................(Date) has been received by me today the................. (Date) of............(Month).................(Year).

District Election Officer District .................

674

ITEM NO. 326 Election Commission's letter No.76/2003/JS.II dated 29.10.2003 addressed to the Chief Electoral Officers of all States/UTs. Subject: General Elections/Bye-Elections - Instructions for guidance of contesting candidates for lodging their accounts of election expenses - Inspection of accounts of election expenditure as an additional measure - regarding I am directed to invite your attention to Commission's letter No.76/98/J.S.II dated 19.1.1998 on the above subject and to say that as per standing instructions of the Commission, the contesting candidates are required to maintain their election expenditure account in the prescribed register on day-to-day basis. They are also required to make available the said register, with supporting documents, for inspection, at anytime during the process of election, to the District Election Officers/Returning Officers/ Election Observers appointed by the Commission or any other such authority nominated by the Commission in this behalf. It has also been clarified that the failure to produce this register, on demand, will be considered as a major default. The register with the said supporting documents shall be made available by the contesting candidates only once in three days. The Commission has now prescribed a revised format for maintaining account of election by candidates under Sections 77 and 78 of the Representation of the People Act 1951 vide its letter No. 76/ 2003/JS.II dated 24 October 2003, which has now been made available to you. Under Section 77(1) [vide the 'Election And other Related Laws (Amendment) Act, 2003', already sent to you] only the expenses on account of travel of 'leaders' of the political parties covered under Explanation 2 will be exempted from being included in the account of election expenses of a candidate. All other expenses incurred/ authorised by the political parties, other associations, body of person, individuals - are required to be included in the account of the candidate. In order to streamline the scrutiny of accounts maintained by the candidates, the Commission has given the following directions: 1.A register in the standard format as already prescribed vide Commission letter No.76/2003/JS.II dated 24.10.2003 shall be issued to each candidate by the Returning Officer immediately after his nomination, for keeping the day-to-day account of his expenditure. 2.The register shall be duly page-numbered and authenticated by the District Election Officer at the time of issue. 3.All day-to-day accounts shall be faithfully recorded in this register and in no other document by the candidate or his election agent. 4.All documents such as vouchers, receipts, bills, acknowledgments, etc. in support of the expenditure incurred or authorised shall be obtained from day-to-day as the expenditure is incurred and authorised and maintained in the correct 675

chronological order along with the aforesaid register as prescribed under rule 86 of the Conduct of Election Rules 1961. 5.The day-to-day account maintained in the aforesaid register together with the supporting documents shall be made available for inspection once in three days during the process of election to the District Election Officer/Returning Officer/Election Observer appointed by the Commission or any other such authority nominated by the Commission in this behalf. 6.The District Election Officer and the Election Observer shall prepare a schedule of inspection whereby a three-day cycle of furnishing of accounts will be set for every candidate in such a manner that on each day, accounts of one or more contesting candidates are made available for scrutiny to the concerned officers. In other words, the turn of a candidate to furnish his accounts for scrutiny will fall after very third day throughout the period between the filing of his nomination and declaration of results. 7.The accounts of the candidates will be scrutinised by the District Election Officer/Returning Officer and/or Election Observer or by the nominated officers and they will keep two photocopies of the relevant pages of the register. One copy of the relevant pages of the register will be displayed on the notice board of the Returning Officer and the other copy will be retained in a separate file for each constituency as proof of record with the Returning Officer and furnished to the District Election Officer on conclusion of the poll process. 8.Any person desiring a copy of these day to day accounts will be provided the same by the Returning Officer subject to payment of usual copying charges. 9.While lodging the accounts of the election expenses under Section 78 of the Representation of the People Act 1951, the candidate shall file the prescribed register along with the abstract statements of election expenses and the prescribed affidavit prescribed vide Commission order No.76/2003/JS.II dated 24.10.2003. The Commission has reiterated that the above instructions should be made clear and known to all contesting candidates and the Election Observers who will be appointed by the Commission and it shall be the complete responsibility of the District Election Officers to ensure that the instructions of the Commission in this matter are complied with in proper manner.

676

ITEM NO. 327 Election Commission's letter number No. 76/2003/JS-II dated 02.01.2004 addressed The Chief Electoral Officers of MR Chhattisgarh, Rajasthan, NCT of Delhi and Mizoram

Subject: General Elections - Instructions for guidance of contesting candidates for lodging their accounts of election expenses - Inspection of accounts of election expenditure as an additional measure - regarding Ref:

1.

Commission's letter Nos. (i) 76/98/JS-II, dated 19.01.1998 (Item No.264) (ii) 76/2003/JS-II, dated 24.10.2003 (Item

No.266) (iii) 76/2003/JS-II, dated 29.10.2003 (Item No.267) 2.

Chapter XVII of Handbook for Returning Officers (all elections where Electronic Voting Machines are used), 1998

I am directed to invite your attention to the Commission's letters referred to above on the subject cite and to say that under Section 78 of the Representation of People Act, 1951, every contesting candidate at an election shall, within 30 days from the date of the election of the returned candidate, lodge with the District Election Officer an account of his election expenses which shall be a true copy of the account kept by him or his election agent under Section 77 of the Representation of People Act, 1951. Rule 89 of the Conduct of Election Rules, 1961 prescribes the manner in which accounts of the candidate shall be lodged and the steps to be taken by the District Election Officer consequent upon the lodging of the account of election expenses by the candidate. 2. The District Election Officer in his report to the Election Commission under Rule 89 of the Conduct of Election Rules, 1961 reports to the Election Commission on: - (i) Name of each contesting candidate; (ii) Whether such candidate has lodged his account of election expenses and, if so, the date on which such account has been lodged; and (iii) Whether in his opinion such account has been lodged within the time and in the manner required by the Act and these Rules. As laid down in para 14 of Chapter XVII of the Handbook of Returning Officers (all elections where EVMs are used), 1998, the District Election Officer before accepting the account of the candidate as being in accordance with the manner prescribed shall conduct such enquiry as he deems necessary and he shall certify to the Commission with reference to the documents filed before him and as verified by him through an appropriate enquiry that the statement of account is in the manner prescribed. Where the District Election Officer is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these Rules, he shall with every such report forward to the Election 677

Commission the account of election expenses of that candidate and the vouchers lodged along with it. The District Election Officer immediately after submission of the report to the Election Commission shall also publish a copy thereof affixing the same to his notice board for the information of the general public. The attention of all the District Election Officers is invited to the instructions contained in the Commission's letters, referred to above, which, inter alia, prescribed the maintenance, by every contesting candidate, of a register showing the account of his election expenses on day-to-day basis; making available the said register with supporting documents for inspection at any time during the process of election to the District Election Officer / Returning Officer / Election Observer appointed by the Commission or any such authority nominated by the Commission in this behalf; and, mandatory submission of accounts every third day to the District Election Officer / Returning Officer / Election Observer / designated Officer. It was also clarified that failure to produce this register on demand will be considered as a major default. The Commission had vide its instructions dated 29.10.2003 also laid down the procedure for streamlining the scrutiny of accounts maintained by the candidates. One of the directions given by the Commission required the accounts of the candidates furnished to the District Election Officer / Returning Officer / Election Observer / designated Officers to be scrutinized every third day and a copy of the accounts furnished retained in a separate file for each candidate as proof of record and another copy to be displayed on the notice board of the Returning Officer. Keeping into account the provisions of the Act and Rules made there under and the directions of the Commission issued from time to time, the Commission has now directed that in terms of Rule 89 of the Conduct of Election Rules, 1961, all District Election Officers shall report to the Commission under Rule 89(2) the following: (i) Name of each contesting candidate who failed to lodge the expenses as prescribed by the Commission in terms of its instructions dated 29.10.2003. (ii) The dates on which the accounts were furnished by such candidates during the course of the elections, and if not furnished, whether notices for noncompliance of the instructions of the Commission were issued to them and further follow-up action taken, if any. (iii) The discrepancies noticed by the District Election Officers / Returning Officers / designated Officers in the accounts submitted every third day by the candidate with the actual expenditure noted / assessed by the District Election Officer/ Returning Officer/ Election Observer/ designated Officer and specifically mentioning the items of expenditure which in the opinion of District Election Officer/ Returning Officer / Observer, have been suppressed. (iv) Comments of the District Election Officer on the overall final accounts furnished by the candidates in terms of actual expenditure incurred by each 678

candidate. In giving his final comments, the District Election Officer shall take into account the observations made by the Election Observers and any other candidate or by any other organizations or member of the general public on the daily accounts exhibited on the notice board of the Returning Officer as required under the directions at para 7 of the Commission's instructions dated 29.10.2003. These shall be submitted as annexures to the report that is submitted by the District Election Officer in the proforma (Annexure XXXVIII) prescribed in para 11.1 of Chapter XVII of the Handbook of Returning Officers (all elections where EVMs are used), 1998 edition. In the 'Remarks' column of the proforma, the annexure number under which the comments of the DEO pertaining to a candidate shall be mentioned. 5. The Commission has directed that the above instructions should be made clear and known to all District Election Officers and it shall be the complete responsibility of the District Election Officer to ensure that the instructions of the Commission in this matter are complied with in proper manner while submitting their reports to the Election Commission under Rule 89(2) of the Conduct of Election Rules, 1961.

679

ITEM NO. 328 Election Commission’s letter No. 76/2004/J.S.II, dated 12.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Instructions for guidance of contesting candidates for lodging their accounts of election expenses - Inspection of accounts of election expenditure as an additional measure -regarding. I am directed to invite your attention to the Commission's circular dated 29-102003, on the subject cited. The Commission had directed (in paragraph 5) that the day to day accounts maintained by the contesting candidates in the prescribed register together with the supporting documents shall be made available by them for inspection to the District Election Officer/Returning Officer/Election Observer or officer specifically designated for the purpose, once in every three days during the process of election.

At the meeting with the representatives of the recognised political parties, many of the parties requested for review of these instructions as visiting the office of the Returning Officer on every third day was inconvenient to the candidate in many cases. The Commission has considered this matter and has reviewed its directions in this regard and has now directed that the scrutiny of the accounts need be done only on three occasions during the entire election period. Accordingly, the candidate shall make available the documents pertaining to their accounts of expenditure for inspection to the District Election Officer/Returning Officer/Election Observer at least thrice during the process of election. However, it shall be ensured that there is a gap of about 4 (four) days in between each inspection and the first inspection may be on or after the third day from the last date for withdrawal of candidatures.

The Commission's directions contained in its letter dated 29th October, 2003 stand modified only in respect of the inspection schedule mentioned above. All other 680

instructions contained therein remain applicable and in force. These, alongwith the present modified inspection schedule shall be conveyed to all the contesting candidates and the Election Observers appointed by the Commission in connection with General Election to the Lok Sabha, 2004.

681

ITEM NO. 329 Election Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: - Lodging of account of election expenses - Preparation of rates chart. I am directed to enclose herewith a copy of the Commission's letter No. 76/2003/J.S.II, dated 30th October. 2003, addressed to the Chief Electoral Officers of Madhya Pradesh, Chhattisgarh, Rajasthan, Mizoram and NCT of Delhi, on the subject cited in connection with General Election to Legislative Assemblies of these States. It was directed in the above referred letter that the District Election Officers shall compile the rate charts of the items shown in the list enclosed with the said letter on the basis of the rates prevailing in the district concerned and the rate list shall be furnished to all observers and to the designated officers appointed by the District Election Officers. The instructions contained in the abovementioned letter dated 30 th October, 2003 shall be strictly followed at the current General Elections to the Lok Sabha and Legislative Assemblies and at all future elections. ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI -110001 Commission’s letter No. 76/2003/J.S.II October.2003.

Dated 30th

To The Chief Electoral Officers of (i) Madhya Pradesh, Bhopal (ii) Chhattisgarh, Raipur (iii) Rajasthan, Jaipur (iv) Mizoram, Aizawl (v) NCT of Delhi, Delhi Subject: - Lodging of account of election expenses - Preparation of rates chart. I am directed to say that the Commission has recently revised the proforma for maintenance of accounts of election expenses by the candidates in the light of the recent amendment to Section 77 (1) of the Representations of the People Act. 1951. .vide its letter No.76/2003 J . S . I I , dated 14.10.2003. 682

In order to facilitate the scrutiny of expenditure which is to be maintained on a daily basis by the candidates in the prescribed proforma the Commission has directed that all District Election Officers shall compile the rate charts of the items in the enclosed l i s t on the basis o( the rates prevailing :n the district concerned. These rate lists be furnished to all Observers immediately on their arrival in the respective districts and to all designated officers appointed by the District Election Officer for scrutiny of accounts by the contesting candidates. A copy of this instruction may be handed over to the Observers by the District Election Officer upon their arrival.

RATE CHART 1.Hiring charges of Loudspeaker with amplifier and microphone. 2.Construction of podium/ pandal (standard size to seat 4-5 persons) 3.Cloth Banner 4.Cloth Flags 5.Plastic Flags 6.Hand Bills (cost to be calculated and print order ascertained from printer - refer 127A of R.P.Act, 1951). 7.Posters 8.Hoardings 9.Cut outs (wooden) 10.Cut outs (Cloth/Plastic) 11.Video Cassettes 12.Audio Cassettes 13.Erection of gates 14.Erection of arches 15.Daily hiring charges of vehicles: (i) (ii)

Jeep/Tempo/Trucker, etc. Sumo/Qualis

(iii)

Cars

(iv) (v)

Three - Wheelers Cycle - Rickshaw

16 17

Hiring charges of hotel rooms/guest houses Charges of drivers, salary

18

Hiring charges of furniture (chairs, sofa, etc.) and fixtures 683

19

Hiring charges of hoarding sites from municipal authorities.

20 Other items commonly used in a district (DEO to prepare rate list of such items).

684

ITEM NO. 330 Election Commission’s letter No. 3/1/2004/JS-II, dated 03.04.2004 addressed to all Chief Electoral Officers of all States / Union Territories. Subject: - Names of leaders of political parties for the purposes of section 77 (1) of the Representation of the People Act, 1951. I am directed to say that under Explanation 2 below section 77 (1) of the Representation of the People Act, 1951. the political parties are required to communicate names of their leaders for availing of the benefit of clause (a) of Explanation 1 under the said Section, to the Commission and to the Chief Electoral Officers of the States/Union Territories.

You are requested to supply copies of each of the lists received from political parties in this regard, to all the Observers in the States and to all District Election Officers and Returning Officers.

685

ITEM NO. 331 Election Commission’s letter No. 576/10/2004/JS-II, dated 19.04.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Maximum election expenses - Handbook for candidates -Revision of ceiling - regarding. I am directed to invite your attention to Commission's letter No. 3/1/2003/JS-II, dated 30.10.2003 forwarding therewith a copy of Notification No. 11019(6)/2003-Leg-II, dated 24.10.2003 amending Rule 90 of Conduct of Election Rules, 1961, relating to maximum election expenses. I am also directed to invite your attention to paragraph 23.2 of Chapter XIII of Handbook for Candidates (2004 Edn.) containing a Table giving details regarding the ceiling on election expenses prescribed in respect of Parliamentary Constituencies and Assembly Constituencies of all States/Union Territories. In Part II of the Table relating to the ceiling on election expenses in respect of Union Territories, the limit of expenses given in column 2 and 3 of the Table is the limit fixed earlier and is not as per the revised limit fixed vide the Notification referred to above. The entries in this regard may therefore be replaced by the following entries:Name of Union Territory II. Union Territories

Maximum limit of election expenses in any one of Parliamentary Assembly Constituency Constituency

1 .Andaman and Nicobar Island

-- 17,00,000

--

2. Chandigarh

-- 14,00,000

--

3. Dadra and Nagar Haveli 4. Daman & Diu 5. National Capital Territory of Delhi.

-- 10,00,000 -- 10,00,000 -- 25,00,000

6. Lakshadweep

-- 10,00,000

7. Pondicherry

-- 20,00,000

--9,00,000 -5,00,000

Chief Electoral Officers of all States/Union Territories are also requested to ensure that this correction is immediately carried out in all editions of the Handbook at their disposal. They shall also ensure that this correction is brought to the notice of

686

Returning Officers/District Election Officers, all election related officials, Election Observers, Political Parties and the candidates. Kindly acknowledge receipt and inform the Commission of action taken in this regard.

687

ITEM NO. 332 Election Commission’s letter No. 3/10/2004/JS-II, dated 23.04.2004 addressed to the Chief Electoral Officer of all States and Union Territories. Subject: Election campaigns of political parties and candidates-measures to curb highly expensive campaigns and for maintenance of law and order during elections- regarding. I am directed to invite your attention to Commission's directions on the subject cited contained in its letter No.3/10/2001/J.S.II dated 23'° March, 2001 and the clarification issued vide its letter No. 3 10, 2002, J.S.II dated 23rd April, 2002. The Commission had directed that no hoarding shall be allowed to be displayed, in private places, even if the consent of the owner is there. 2.

The Commission has since received representations from political parties and

candidates requesting the Commission to relax the directions in this regard and to permit them to erect/display hoarding in private places with the consent of their owners. 3.

The Commission has considered this matter again. The instructions in the

above referred letters were is the light of the provisions of Section 77 of the Representative of the People Act, 1951 as it existed then. The Commission has noted the amendment made in the said Act, vide the Election and Other Related Laws (Amendment) Act, 2003 (No. 46 of 2003). Following this amendment, expenses incurred on election campaigns including those on erection or display of such hoardings shall be reflected in the accounts of election expenses of the candidate concerned. 4.

After taking all factors into account, the Commission has decided that:

PRIVATE PREMISES (i)

Hoardings/banners may be permitted on private premises provided prior consent of owner of the properly has been obtained.

(ii)

No individual shall be coerced or intimidated for obtaining such consent.

PUBLIC PLACES

688

(i)

Putting/erecting hoardings/banners will be subject to the local laws/ and Court Orders, if any, in force in the area concerned.

(ii)

If

there

are

places

already

earmarked

by

local

authorities

for

advertisement/display of banners or hoardings, the space provided shall not be expanded or reduced after announcement of elections. (iii)

It should be ensured that the places mentioned above are not dominated/ monopolized by any particular political party or candidate (s). and all political parties and candidates in the area should be given equal opportunity to avail of the facilities.

It

is

clarified

that

the

expenses

in

connection

with

display

of

hoardings/banners etc, whether in public place or private premises should be booked to the account of election expenses of the candidate for whose benefit the hoardings/banners have been put up. If such hoardings/banners are for the election prospects of a group of candidates, the expenses will be equally apportioned among the candidates concerned.

6.

Kindly acknowledge receipt.

689

ITEM NO. 333 Election Commission’s letter No. 76/2003/JS II, dated 28.05.2004 addressed to the Chief Electoral Officer of All States and Union Territories. Subject: Filing of accounts of election expenses by the contesting candidates - timely disposal - Regarding. I am directed to invite your attention to the provisions of Sections 77 and 78 of the Representation of the People Act, 1951, and Rule 89 of the Conduct of Elections Rules, 1961. 2.

Section 77 of the RPA, 195l, provides that every candidate at an election shall,

either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. 3.

Section 78 of the RPA, 1951, provides that every contesting candidate at an

election shall, within thirty days, from the date of election of the returned candidate, lodge with the District Election Officer, the account of his election expenses. 4.

The DEO is required to submit a report to the Commission on the accounts lodged

by the candidates as soon as possible after expiry of the time limit specified in Section 78 of the Act. In his report, the DEO will give necessary details in respect of all contesting candidates and give his remarks whether the account has been lodged within the time and in the manner required by law. As per the instructions in Chapter XVII of Handbook for the Returning Officers, this report of the DEO should be sent to the Commission within a period of 7 days from the last date of filing of accounts by the contesting candidates. 5.

The Commission, on receipt of the report fr -m the DEOs, issues show

cause notices to the candidates who have failed to lodge their account of election expenses within the time and in the manner required by law, under Rule 89 (5) of Conduct Elections Rules, 1961. The show cause notices to the defaulting candidates are served through the DEO concerned and after serving notices, the DEO is to send acknowledgment receipts obtained from the candidates with his supplementary report .under rule 89 (7)} within 5 days after expiry of 20 days' period mentioned in Rule 89 (6) 690

of Conduct of Elections Rules, 1961. The defaulting candidates may be disqualified under Section 10A of the RPA, 1951, for three years. The period of disqualification starts from the date of order of disqualification irrespective of the period consumed in issuing the order. 6.

In the past, inordinate delay has occurred in issuing orders in some cases due

to delay on the part of the DEOs in serving the show cause notices and in submitting the supplementary reports thereafter. In one such case, the Karnataka High Court had observed that there cannot be an undue delay in passing an order under Section 10A of Representation of the People Act, 1951, and that it should be passed within a reasonable time. 7.

The Commission has fixed a deadline of one year for disposing of

all cases, pertaining to filing of accounts of election expenses by the contesting candidates at every general/bye elections, from the date of declaration of result of the election. Accordingly, the DEOs may be asked to strictly adhere to the time frame provided under the law, as explained above for sending their first reports and/or supplementary reports.

Similarly, notices issued by the Commission

under rule 89(5) should be promptly served on the candidates. 8.

For the general/bye elections held recently, the period for filing the accounts

by the contesting candidates would be over by 13.06.2004 in most of the cases. In all such cases, the first report of the DEOs should be sent to the Commission so as to reach its Secretariat latest by 30.06.2004, positively. Any lapse in this will be seriously viewed by the Commission. Kindly acknowledge receipt.

691

ITEM NO. 334 Election Commission’s letter No. 76/2004/JS-II, dated 06.08.2004 addressed to the Chief Electoral Officers of all States/Union Territories. SUBJECT: - Accounts of Election Expenses- Clarification regarding. I am directed to invite your attention to the provisions regarding maintenance of account of election expenses by contesting candidates. It has been brought to the notice of the Commission that in certain cases, prospective candidates get campaign materials prepared in advance, before the filing of nomination. Questions have been raised regarding accounting for the expenses of this nature. Some candidates have, in the past, left out the expenditure on such items from the account of their election expenses on the pretext that only the expenditure incurred from the date of filing nomination is to be accounted for.

It is clarified that the candidates, while maintaining their register of accounts of election expenditure, should also account for all expenditure including those incurred prior to the date of nomination for preparation of campaign materials etc. which are actually used during the post nomination period/in connection with the election.

T h e a b o v e d i r e c t i o n s m a y b e b r o u g h t t o t h e n o t i c e o f a l l District Election Officers and Returning Officers for information and necessary action in future elections.

Kindly acknowledge receipt.

692

ITEM NO. 335 Election Commission’s letter No. 76/2005/J.S.II, dated 25.05.2005 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Filing of accounts of election expenses by the contesting candidates timely disposal - Regarding. I am directed to invite your attention to the Commission's letter no. 76/2003/JS.II dated 28th May, 2004 regarding Commission's direction to the District Election Officers to strictly adhere to the time frame provided under law for sending their reports and/or supplementary reports and to promptly serve the notice to the candidates issued by the Commission under rule 89(5). However, it has been observed that even after lapse of almost one year of the issue of the Commission's aforementioned direction, the cases of account of election expenses are still lying pending in large numbers for want of reports from the District Election Officers.

The District Election Officers must adhere to the time limits provided in rule 89 for their reports and supplementary reports and any lackadaisical approach on their part in this respect would be seriously viewed by the Commission.

The above directions may be brought to the notice of all District Election Officers for their information and necessary action.

Kindly acknowledge receipt.

693

ITEM NO. 336 Election Commission’s letter No. 76/EE/2005/JS.III, dated .06.10.2005 addressed to the President/General Secretary of Communist Party of India, Communist Party of India (Marxist), National Congress Party, Communist Party of India (Marxist Leninist) (Liberation), Rashtriya Janata Dal and Lok Jan Shakti Party and copy sent to the Chief Electoral Officer, Bihar with the request to bring this to the notice of all District Election Officers and Returning Officers concerned and also the Observers of all constituencies where candidates of the above mentioned parties were contesting. (The CEO was also requested to instruct the Returning Officers to bring the following position to the notice of all such candidates also.) Subject: - Expenditure incurred by leaders of the party in election campaign. I am directed to invite reference to the provisions of Section 77 of the Representation of the People Act, 1951. As per Explanation 1(a) read with Explanation 2 under sub-section (1) of the said Section, the expenditure incurred by leaders of the political party on account of travel for propagating programme of the party shall not be deemed to be expenditure in connection with election, incurred or authorized by the candidate or his agent, provided the names of the leaders for this purpose are communicated to the Commission and the Chief Electoral Officer of the State within a period of seven days from the date of notification of the election.

In case of the

constituencies going to poll in the first phase of election in Bihar in the current general election in that State, the notification of election was published on 23.09.2005, and for the constituencies in the second phase, the notification was published on 28.09.2005. As you party has not communicated the list of 'leaders' of your party for the purposes of the abovementioned Explanations 1(a) and 2 under Section 77(1), it may be noted that all expenses incurred in connection with visit of all leaders of your party, including their travel expenses for the first two phases of election, will necessarily have to be shown in the account of election expenses of the candidate(s) concerned in connection with whose election the visit is made. If the visit is a common one in connecting with the election of a group of candidates, the expenses will be equally apportioned among all such candidates. The above legal position may be noted and also brought to the notice of all the candidates of your party contesting election in the first and second phases of elections in Bihar.

694

ITEM NO. 337 Election Commission’s letter No. 76/EE/2005/JS.III, dated 07.10.2005 addressed to the President, Jana Dal (United) and copy sent to the Chief Electoral Officer, Bihar with the request to bring this to the notice of all District Election Officers and Returning Officers concerned and also the Observers of all constituencies where candidates of the above mentioned parties were contesting. (The CEO was also requested to instruct the Returning Officers to bring the following position to the notice of all such candidates also. ) Subject: - Expenditure incurred by leaders of the party in election campaign. I am directed to invite reference to the provisions of Section 77 of the Representation of the People Act, 1951. As per Explanation 1(a) read with Explanation 2 under sub-section (1) of the said Section, the expenditure incurred by leaders of the political party on account of travel for propagating programme of the party shall not be deemed to be expenditure in connection with election, incurred or authorized by the candidate or his agent, provided the names of the leaders for this purpose are communicated to the Commission and the Chief Electoral Officer of the State within a period of seven days from the date of notification of the election.

In case of the

constituencies going to poll in the first phase of election in Bihar in the current general election in that State, the notification of election was published on 23.09.2005. As you party has not communicated the list of 'leaders' of your party for the purposes of the abovementioned Explanations 1(a) and 2 under Section 77(1), in respect of the 61 Constituencies in the first phase of election, it may be noted that all expenses incurred in connection with visit of all leaders of your party, including their travel expenses for the first phase of election, will necessarily have to be shown in the account of election expenses of the candidate(s) concerned in connection with whose election the visit is made. If the visit is a common one in connection with the election of a group of candidates, the expenses will be equally apportioned among all such candidates. The above legal position may be noted and also brought to the notice of all the candidates of your party contesting election in the first phase of elections in Bihar.

695

ITEM NO. 338 Election Commission’s letter No. 576/3/2005/J.S.II, dated 29.12.2005 addressed to all Recognized National and State Political Parties Subject:

Election Campaign by political parties and candidates - election expenditure of candidates - regarding.

I am directed to invite your attention to the provisions of sub-section (1) of Section 77 of the Representation of the People Act, 195, relating to account of election expenses. As per Explanation 1(a) under the said sub-section, the expenditure incurred by leaders of political parties on account of travel by air or any other means of transport for propagating programme of the political party is not deemed to be expenditure incurred or authorized by the candidate or his agent, for the purpose of the said Section. It is to be noted here that the benefit provided under the said Explanation 1(a) will be available if and only if the names of the leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) are communicated to the Commission and to the Chief Electoral Officer of the State concerned within a period of 7 days from the date of notification for the election as required under Explanation 2 under sub-section (1). 2. The abovementioned provisions have been brought to the notice of the political parties in the past. The political parties are again advised to take note of the provisions of Section 77(1) explained above. In the event any political party fails to comply with the requirements of Explanation 2 mentioned above, the benefit provided under the Explanation 1 will not be available to the party, and the travel expenses of all leaders in the case of such parties will necessarily be required to be included in the account of election expenses of the candidates concerned. 3. Your attention is also invited to the instructions contained in the Commission's letter No.437/6/97/PLN-III, dated 18.3.1997 (copy enclosed). As per the instructions in the said letter, details of all vehicles being used by a candidate for his election campaign are required to be lodged with the District Election Officer concerned. In this context, it may be noted that two-0wheelers like motorbikes, scooters, mopeds, etc. are also covered under the instructions in the said letter, and details in respect of such vehicles are also required to be furnished to the District Election Officer. 4. Where political parties or candidates use aircraft/helicopter for election campaign, prior information should be given to the Chief Electoral Officers of the State concerned. While giving such information, the number of aircrafts/helicopters being used and the name of the Company from which the aircraft/helicopter is being hired, should clearly indicated. Further, within three days of any aircraft/helicopter being used for election campaign, full details regarding areas covered, number of sorties involved and manifest of passengers along with the hire charges paid/payable should be furnished to the Chief Electoral Officer. 5.

Kindly acknowledge receipt of this letter.

COPY

696

Election Commission's letter NO. 437/6/97-PLN-III Dated 18th March 1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies -Instructions on misuse of vehicles during election period Regarding The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during the election period. In the interest of preserving the purity of election process and rendering the same reflective of true choice of the people, the Commission has now directed that the following instructions shall1 be strictly followed at all the General and Bye-elections to the Lok Sabha and Assembly constituencies. These instructions are issued under article 324 of the Constitution and all other powers enabling the Commission in this behalf. 1. Cars/vehicles being used for electioneering purposes, shall, under no circumstances, be allowed to move in convoys of more than three vehicles from the date of notification till the completion of election process in any constituency. All bigger convoys shall be broken up, even if they are carrying any minister of Central or State Govt. This shall, however, be subject to any security instructions issued in respect of any such individual. In other words the convoy shall not in any case exceed three vehicle of any person plus the security vehicles allowed in view of the security gradation of that particular person. 2. From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused. 3.If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are not allowed to be used by flouting the Commission's directions till the process of election is completed. 4.The contesting candidates be asked to get the details of all the vehicles that they are using in the election campaign lodged with the District Election Officer or such other officer(s) as may be specifically authorised by the District Election Officer in this behalf before the campaigning commences. Any further deployment of any additional vehicles can take place only after notice to this effect is given by the candidates or his agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that are being deployed for election campaign the details of the areas tehsil(s) in which the vehicle would operate, should also be conveyed. 5.The details so obtained should be conveyed by District Election Officer to the Election Expenditure Observers. 6.The vehicles employed for election campaign as per intimation given by the candidates or their election agents to the District Administration should not be requisitioned by the administration. 697

7.Any vehicle that has not been registered for campaigning with the district administration if found being used for campaigning, shall be deemed to be unauthorised campaigning for the candidate and may attract penal provisions of Chapter IX A of the Indian Penal Code and shall therefore be immediately taken out of the campaigning exercise. The receipt of this letter may please be acknowledged.

698

LAW & ORDER

699

ITEM NO. 339 Election Commission's Order No. 576/11/ES028/95/J.S.II, dated 10.01.1995 addressed to Chief Secretary/CEOs of all States/UTs ORDER Subject: Maintenance of law and order and prevention of electioneering within the prohibited area around polling stations Para 3 of Chapter XI of the Hand Book For Presiding Officers (1994 Edition) provides that:"No election booths of the candidates should be allowed to be set up as such booths pose many difficulties in the way of holding free, fair and smooth elections by creating obstructions to voters, confrontation among various party workers and law and order problems. However, the candidates may provide one table and two chairs for the use of their agents and workers for the distribution of un-official identity slips to voters beyond a distance of 200 meters from the polling stations with an umbrella or a piece of tarpaulin over their head to protect them from the sun/rain. No crowd is allowed to collect around such tables". 2.The above instructions have also been reiterated in Para 4 of Chapter VIII of the HandBook For Candidates, (1994 Edition). 3.The Commission has been constrained to observe during some recent elections that the aforesaid instructions of the Commission are frequently violated and misconstrued more as a facility by the candidate and the political parties rather than as a restriction on electioneering and prohibition on commission of electoral offences like intimidation of voters, candidates, agents and workers of political parties, crowding and breaches of law and order. 4.In view of the above the Commission, hereby, wishes to reiterate and direct all concerned in specific terms as follows: 1.No booth shall be set up within a distance of 200 meters from the polling station. Even where more than one polling station has been set up in the same premises, there shall be only one booth of a candidate for such group of polling stations beyond a distance of 200 meters from such premises. 2.Only one table and two chairs shall be provided at such booth with an umbrella or a piece of tarpaulin to protect the two occupants of those chairs at the booth from the sun/rain. Such booth shall not be enclosed by Kanats, etc. 3.Each candidates wishing to set up such booths shall intimate, in writing in advance, to the Returning Officer, the names and Sl. Nos. of the polling stations where such booths are proposed to be set up by him. He shall also obtain the written permission of the concerned Government authorities or local authorities like Corporations, Municipalities, Zilla Parishads, Town Area Committees, Panchayat Samitis, etc., under the relevant local laws before setting up of such 700

booths. Such a written permission must be available with the persons manning the booth for production before the police/election authorities concerned on demand. 4. Such booths shall be used only for the sole purpose of issuing unofficial identity slips to electors. These unofficial identity slips shall be printed strictly in accordance with the instructions of the Commission on the subject without the name or symbol of the candidate or the name of the political party. 5.No crowds shall be allowed to collect at such booths in any circumstances. Nor shall any person be allowed to come to the booth who has already cast his vote at the polling station. This would be evident from the indelible ink mark on his left forefinger. 6.The persons manning the booths shall not cause any obstructions whatsoever in the way of voters proceedings to the polling stations or prevent them from going to the booths of other candidates or create any other sort of hurdles whatsoever in the right of voters to exercise their franchise according to their own free will. 7.The Commission hereby warns all concerned that any violation of the above directions will be viewed by the Commission with the utmost gravity and most stringent action possible under the law, including but not restricted to the removal of such booths forthwith will be taken against the candidates and/or their agents/workers responsible for any such violations. 8.If any officer is found to have failed to take prompt and expeditious action to ensure the strict compliance of the above mentioned directions, he will render himself liable to strict disciplinary action apart from any penal action as may be called for against him for failure to discharge the official duty. 9.A copy of this order in English/Hindi and in local official language(s) shall be made available to the local units of all recognized National and State Political Parties immediately, and to each candidate, or the agent authorized by him, at the time of his nomination under acknowledgment.

701

ITEM NO. 340 Election Commission's Order, No. 464/96 (L&O), dated 17.01.1996 Subject:

Preventive Action to ensure conduct of peaceful, free and fair poll during the forthcoming general elections ORDER

1.The Commission being deeply aware of the increasingly vitiative role of criminality and muscle power at elections has been taking, and directing the taking of a number of measures over and above the purview of normal law and order arrangements, for augmenting the possibilities of peaceful, free and fair poll. These measures include the deployment of Central Police Forces during the process of elections to assist the State law and Order machinery in prevention of prepoll, poll and post-poll violence and inspire confidence in the impartiality of election machinery among the common electorate, regulation of vehicular traffic, regulation and ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc. 2.These extra measures taken by the Commission cannot absolve the normal law and order outfit of the State from taking such preparatory steps as are necessary for generation of an atmosphere conducive to the conduct of peaceful free and fair poll during the run up period to the elections. It is indispensable to tighten the local law and order outfit and enforce with adequate strictness the day-to day criminal administration with a view to mitigating the requirement of the aforesaid extra measures. 3.The Commission desires these States to undertake the following prophylactic measures immediately and report regularly the progress and effect of these measures in the context of possibilities of holding peaceful, free and fair elections: 3.1A special drive should be launched to compile a list of such persons as are reported to have indulged in electoral offences like booth capturing, intimidation, impersonation in each police station of each and every constituency during the past at least two elections and a list thus compiled of each constituency made available to the concerned District Election Officer and the Returning Officer of each Assembly Constituency to be forwarded to the Commission if and when asked for. 3.2A special drive should be launched to update the lists of history sheeters, declared absconders, fugitive criminals in each police station falling in each and every Assembly Constituency and record of such updated listed handed over to the District Election Officers and Returning Officers concerned, constituency wise, with a view to be kept ready for dispatch to the Commission if and when asked for. 3.3A special drive should be launched to effect the service of all pending warrants and challans in each police station of each and every Assembly Constituency and fortnightly updated constituency-wise information of unserved warrants be made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for. 702

3.4A special drive should be launched to expedite the investigation and prosecution of all electoral offences registered in previous elections in each police station of each and every Assembly Constituency and a fortnightly report made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for. 3.5The States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering. 3.6A special drive should be launched to unearth illicit arms and ammunition in each police station of each and every Assembly Constituency and information of seizures should be made available fortnightly to the concerned District Election Officer and Returning Officer constituency wise to be forwarded to the Commission if and when asked for. 3.7A special drive should be launched to unearth illicit liquor making factories and information about seizures made available to the concerned District Election Officer and Returning Officer fortnightly to be forwarded to the Commission if and when asked for. 4.A copy of this order in English and Hindi and the local official language (s) should be made available to all recognized political parties immediately and to each candidate or the agent authorized by him at the time of filing nomination (repeat filing nomination and not scrutiny of nomination) under acknowledgment. 5.The receipt of the order may please be acknowledged forthwith and its contents given widest possible publicity through the most effective local media.

703

ITEM NO. 341 Election Commission Order No.464//96-L&O/PLN-I, dated 13.03.1996 addressed to The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject:

General Election/Bye-Elections - restrictions on possession of arms during elections ORDER

In exercise of the powers conferred on the Commission under Article 324 of the Constitution of India and all other powers enabling it in this behalf and in supersession of all other instructions, the Commission hereby orders that the following instructions shall be observed during all future elections: 1.Issue of licence for arms will be totally prohibited during the period commencing with the date of announcement of elections. This ban will continue to be operative till the completion of the election as notified. 2.The police should be directed to be vigilant and asked to start mopping up operations of the areas infested with known goonda and other bad elements right from the date of announcement of elections. During such mopping up operations special attention should be paid to unearth and seize unlicensed arms and ammunition. A very thorough search and seizure by the State Police of unlicensed arms and places of indigenous manufacture of arms and ammunition shall be carried out and persons involved shall be arrested. While unearthing and seizure of unlicensed weapons is a normal ongoing responsibility of the police, it shall be vigorously intensified during the election period. Inter-state and inter-State movements of trucks and commercial vehicles shall be strictly checked with a view to preventing smuggling of arms and ammunition and anti-social elements. Raids should be carried out regularly and intensively on underground arms factories. 3.Immediately after the announcement of elections, District Magistrates shall make a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following: 1.persons released on bail, 2.persons having a history of criminal offences, and 3.persons previously involved in rioting at any time but especially during the election period. (The above categories are only illustrative and not exhaustive) 4.After such review, all such licence-holders who are identified, shall be directed to deposit their arms with the District Administration during the period of one week from the last date for withdrawal of candidatures. 704

5.The District Administration shall make fool-proof arrangements for keeping the deposited fire arms in safe custody. Proper receipt must be given to the licence holders depositing the fire arms. It shall be the bounden duty of the District Administration to ensure that all fire arms deposited with the Administration are returned to the licence holders immediately after one week after the declaration of results. 6.Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 shall be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till the declaration of results. 7.This ban shall, not be applicable to those communities who are entitled to display weapons by long standing law, custom and usage. This shall, however, not prevent the District Administration to impound weapons of any such persons of even such communities if they are found to be indulging in violence or posing a threat to the maintenance of law and order and peaceful conduct of elections. In these cases also the fire arms shall remain impounded till one week after the declaration of results. 8.Strict vigil shall be maintained by thorough checking of lorries, light vehicles and all other vehicles from three days before the date of poll to ensure that no undesirable elements or arms and ammunition are being transported into the constituency from outside and to apprehend them if they are doing so. Such checking of vehicles shall continue till the completion of the counting of votes and the declaration of results. As and when such culprits are apprehended, the arms and ammunition and vehicles concerned shall be confiscated. 9.A copy of this order in English/Hindi and in the local official language(s) shall be made available to the local units of all recognized National/State political parties, in each district immediately and to each candidate or the agent authorized by him at the time of his nomination (repeat nominations and not scrutiny of nominations) under acknowledgment 10.The receipt of this order shall be acknowledged immediately.

705

ITEM NO. 342 Election Commission's letter No. 464/96/L&O/PLN-I, dated 14.03.1996, addressed to (1) The Chief Secretaries of all States and Union Territories and (2) The Chief Electoral Officers of all States and Union Territories

Subject: General election/Bye-elections - free and fair elections - Special measures to prevent booth capturing The Commission from time to time has been emphasizing the need for identifying sensitive and trouble-prone areas from the point of view of elections. It has been stressed that prior identification would facilitate in effective prevention of commission of serious irregularities at the time of polling. Such measures will be a safeguard against evil and corrupt practices, booth-capturing, intimidation of voters, large-scale impersonation, violence etc. 2. Among others the following may be considered as guiding factors in identifying sensitive and trouble-prone areas/polling stations; i)

Past history of the constituency or polling area;

ii)

Incidents of booth-capturing, violence, riots large-scale impersonation.

iii) Information regarding abnormal law and order situation in particular area or region of the constituency. iv)

Specific complaints made by political parties and candidates;

v)

Nature of contest viz. political status of candidate;

vi)

Political rivalries;

vii)

Number of history sheeters and absconders; and

viii)

Number of SC/ST electors.

3.The identification of these trouble prone areas should be done by the District Magistrates in consultation with the Superintendent of Police on the basis of the identification made by the district authorities. Consolidated lists of the sensitive polling stations should be sent to the Commission by the Chief Secretary after consulting the Chief Electoral Officer. 4.From past experience, it is observed that there had been a tendency on the part of district authorities/State Government to identify almost every polling station as sensitive. This defeats the very purpose of identifying specific areas which require special attention. It is, therefore, directed that identification of sensitivity of the areas/polling station should be done after a very close and careful scrutiny of all the factors that would render a polling station/area "sensitive". This should be done after taking into account all factors into consideration and not in a routine manner. For obvious reasons there can be no 'standard" ceiling for such sensitive polling stations. The number would vary from State to State and from district to district. After taking into 706

account local and administrative realities at the ground level not more than a reasonable percentage of polling stations should be identified as sensitive. 5.Such exercise to identify the sensitive and trouble prone areas should start immediately on the announcement of elections. Lists of such identified areas should be sent to the Commission immediately after the last date for withdrawal of nominations. 6.A contingency plan to effectively tackle the problems also may be prepared and kept in readiness.

707

ITEM NO. 343 Election Commission’s letter No. 464/INST/98/PLN-I dated 12.02.1998 addressed to Chief Secretaries and CEOs of all States and UTs. Subject: Maintenance of Law and Order and prevention of electioneering within the prohibited area around polling stations -Instructions regarding setting up of Election Booths In partial modification of the instructions contained in Commission's Order No. 576/11/ESO28/95/ JSII dated 1 0th January, 1995, the following standing instructions are now issued in the matter of setting up of election booths by the candidates on the date of poll beyond a distance of two hundred meters from the polling stations: (1)No booth shall be set up within a distance of 200 metres from the Polling Station. Even where more than one polling station has been set up in the same Polling Station Location or premises, there shall be only one booth of a candidate for such group of Polling Stations beyond a distance of 200 meters from such premises. (2)Only one table and two chairs shall be provided at each such booths with an umbrella or a piece of tarpaulin or cloth to protect the two occupants of those chairs at the booth from weather conditions. Such booth shall not be enclosed by Kanats or tentage, etc. (3)Each candidate wishing to set up such booths shall intimate, in writing, in advance, to the Returning Officer, the names and Sl. Nos. of the Polling Stations where such booths are proposed to be set up by him. He shall also obtain the written permission of the concerned Government authorities or local authorities like Corporations, Municipalities, Zilla Parishads own Area Committees. Panchayat Samitis etc., under the relevant local laws before setting up of such booths. Such a written permission must be available with the persons manning the booth for production before the police / election authorities concerned on demand. (4)Such booths shall be used only for the sole purpose of issuing unofficial identity slips to electors. These unofficial identity slips shall be printed strictly in accordance with the instructions of the Commission on the subject without the name or symbol of the candidate or the name of the political party. (5)Only one banner to display the name of the candidate, his party and the election symbol allotted to him shall be allowed at each such booth, provided that such banner shall not be more than 3 feet by 4]/2 feet in length and breadth. Any banner set up in violation of this restriction will be removed by authorities maintaining the law and order. (6)No crowds shall be allowed to collect at such booths in any circumstances, nor shall any person who has already cast his vote at the polling station be allowed to come to the booth. This would be evident from the indelible ink mark on his left forefinger or any other finger as specifically prescribed for that election for the constituency in which the polling station is located. 708

(7)The persons manning the booths shall not cause any obstructions whatsoever in the way of electors proceeding to the polling stations or prevent them from going to the booths of other candidates or create any other sort of hurdles whatsoever in the right of voters to exercise their franchise according to their own free will. More specifically, no elector shall be influenced in any way whatsoever to either come and collect the unofficial identity slip from the particular booth or if he comes to such booth of his own accord to vote in favour of or against any party / candidate contesting the election. (8)The Commission hereby warns all concerned that any violation of the above directions will be viewed by the Commission with the utmost gravity and most stringent action possible under the law, including but not restricted to the removal of such booths forthwith will be taken against the candidates and / or their agents / workers responsible for any such violations. (9)If any officer is found to have failed to take prompt and expeditious action to ensure the strict compliance of the above mentioned directions, he will render himself liable to strict disciplinary action apart from any penal action as may be called for against him for failure to discharge the official duty. A copy of this letter in English / Hindi and in local official language(s) of the State / UT concerned shall be made available to the local units of all recognised National and State Political parties immediately, and to each candidate, or the agent authorized by him. Kindly acknowledge receipt.

709

ITEM NO. 344 Election Commission's letter No. 464/INST/98/PLN-I, dated 14.02.1998 addressed to Chief Secretaries and CEOs of all States and Union Territories. Subject: Maintenance of Law and Order and prevention of electioneering within the prohibited area around polling stations - Instructions regarding use of Cellular Phones In continuation of the instructions contained in letter of even number dated 1202-1998, in order to prevent electioneering at the Polling Stations on the date of poll and to maintain law and order in the counting centers at the time of counting of votes, the Commission hereby directs that no person shall be allowed to either carry or use cellular phones, cordless phones, wireless sets, etc., in the 100 meter perimeter of the Polling Stations described as the "Polling Station Neighborhood" and within the polling booth. Similarly no person shall be allowed to carry or use such instruments in the area within and around the Counting Centre or within the area cordoned off by the security forces to regulate the entry of persons to such Counting Halls and Centres. If any person is found in possession of such instrument in violation of these directions, the instrument shall be seized by the officers in charge of security and shall be returned to the person concerned only after the counting of votes is completed and results are declared. These restrictions, however, do not apply to the officers in charge of law and order and security personnel put on duty near the polling booths and counting centres who may be using any of such instruments in the course of the discharge of their official duties. Similarly, these restrictions do not apply to the Observers appointed by the Commission and to the officers incharge of polling duty and counting duty who may have to use such instructions in the course of their official duties. These instructions shall be brought to the notice of the candidates, their election agents and all political parties for their information and strict compliance. A press note in this regard may also be issued for the information of the general public.

710

ITEM NO. 345 Election Commission's letter No. 476/3/98-JS-II date 14.02.1998 addressed to Chief Secretaries of all States and copy endorsed to CEOs of all States and UTs. Subject:

Entry of persons with special stations/counting centres

security

cover

in

polling

The directions contained in letter of even number dated 03-02-1998, are modified to the following extent in respect of SPG protectees: (a)The CPT with arms will follow the protectee to the door of the polling booth or the counting hall, as the case may be. (b)Thereafter only one PSO with concealed fire arm will accompany the protectee inside and position himself in such a manner as to be able to provide the requisite cover to the PR should it become essential, without otherwise interfering with the proceedings in any manner.

711

ITEM NO. 346 Election Commission's letter No.437/GE-99/-PLN-III/MCC, dated 28.07.1999 addressed to The Chief Secretary of all States and Union Territories Subject: Surrender of licensed arms The National Rifle Association of India has approached the Commission and has requested that their members may be exempted from deposits of arms. The sportsmen being the members of National Rifle Association, at different levels, have to participate in various sporting events in which they use their rifles. After taking into account all relevant factors, the Commission has agreed to the request and, accordingly, has ordered that they will be exempted from restriction imposed under the Commission's order No.464.96/L&O/PLN-I dated 13-03-1996 with regard to deposit of arms/ammunition.

712

ITEM NO. 347 Election Commission's letter No.464/L&O/99-PLN-I, dated 05.08.1999 addressed to The Home Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories

Subject:

Deployment of forces to maintain law and order during the forthcoming general elections

The Commission has been Observing the manner of utilization of Central Para Military Forces, that are obtained with great difficulty and considerable cost, and are deployed to various State Governments to augment their existing police forces and the holding of free and fair elections. It has been observed that in several States there is sub optimal usage of these Central Para Military Forces causing a drag in the benefits that this entire complex and difficult exercise should accrue. By way of example, the Central Para Military Force is often kept on reserve duty in some areas in the country. In certain other instances, the forces arrive too late to be deployed effectively. In order to remove some of the confusion and see that this entire exercise is geared optimally to conduct free and fair elections, the Commission hereby lays down the following guidelines of drawing up the State deployment and District deployment plan that could increase the utilization of Central Para Military Forces and the local police so that the voter is allowed to cast his vote in an atmosphere devoid of any fear. (1)The CEO of the State shall be actively associated in drawing up the State deployment plan. His recommendations on what quantum of forces should be deployed to which constituency shall merit serious consideration in drawing up the plan. (2)Similarly, the District deployment plan shall be formulated and finalized under the Chairmanship of the District Magistrate/District Election Officer. The district deployment plan shall ensure that all polling stations are covered with adequate static duty backed with necessary mobile support. (3) Both the State Deployment plan and the district deployment plan shall be finalized well before the day of poll. It would be helpful if it is finalized within two to three days of the start of the campaign period. (4)In case of States going to polls in a phased manner, having multiple notifications, the stipulation as at (3) above shall construe to mean first2 to 3 days of the campaign period covered under the first notification (5)The Central Para Military Forces coming into State are to be deployed for active duty in elections. They should not be kept in reserve duty. If, you unavoidable reasons, a portion of the Central Para Military Forces is placed on reserve duty, then the Chief Electoral Officer of the State should be first consulted in this regard. The deployment plan must spell out when and where the Central Para Military Forces are reaching the State. 713

ITEM NO. 348 Election Commission's letter No.464/L&O/99-PLN-I, dated 18.08.1999 addressed to The Chief Electoral Officers of all States and Union Territories Subject: General Elections - Restrictions on transport of arms I am directed to forward herewith a copy of Commission's message No. 464/KT/96(L&O), dated the 3rd April, 1996 addressed to CEO, Karnataka regarding transport of arms from one state to the other. These instructions are to be treated, as standing instructions of the Commission and mutatis mutandis will apply to the current and all future elections.

Annexure Commission letter No.464/KT/96(L&O) Dated 03rd April, 1996 addressed to The Chief Electoral Officer of Karnataka, Bangalore. REFER YOUR MESSAGE NO CLASUE/2/CHUPOBA/96 DATED 25/26 MARCH 1996 SEEKING CLARIFICATION REGARDING CARRYING OF ARMS AND AMMUNITIONS (.) COMMISSION DIRECTS THAT ITS ORDER NO. 464/96-L&O PLN-I DATED 13TH MARCH 1996 SHALL BE STRICTLY IMPLEMENTED (.) IT IS HOWEVER CLARIFIED THAT COMMISSION HAS NOT BANNED SUPPLY OF ARMS AND AMMUNITIONS TO OTHER STATES ON THE BASIS OF ISSUE OF NO OBJECTION CERTIFICATES FROM THE RESPECTIVE DISTRICT MAGISTRATES PROVIDED THE SUPPLY REACHES THE ACTUAL CONSIGNEE AND IT DOES NOT REACH THE HANDS OF THE UNAUTHORISED PERSON (.) 2.COMMISSION DIRECTS THAT TRUCKS, LORRIES ETC CARRYING ARMS AND AMMUNITIONS TO OTHER STATES SHOULD REACH ACTUAL CONSIGNEE AND DO NOT FIND THEIR WAY INTO THE HAND OF UNAUTHORISED PERSONS (.) THEREFORE TRUCKS AND OTHER COMMERCIAL VEHICLES SHALL BE VIGOROUSLY CHECKED AT INTERSTATE BORDERS WITH A VIEW TO PREVENT SMUGGLING OF ARMS AND AMMUNITIONS AS MENTIONED IN PARA 2 OF ORDER OF THE COMMISSION NO. 464/96-L&O/PLN-I DATED 13.3.96 (.) 3.THE STATE AUTHORITIES OF KARNATAKA SHALL INFORM THE CONCERNED AUTHORITIES OF THE STATES WHEREIN THE SUPPLIES OF ARMS AND AMMUNITIONS ARE SENT SO AS TO TAKE ADVANCE ACTION TO PROVIDE ADEQUATE SECURITY FOR REMITTING THE CONSIGNMENT TO THE ACTUAL CONSIGNEE. PLEASE ACKNOWLEDGE RECEIPT (.)

714

ITEM NO. 349 Election Commission's letter No.576/14/99-PLN-I, dated 21.08.1999 addressed to The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: General Elections, 1999 - Prohibition on sale of liquor I am directed to invite your attention to section 135C of the Representation of the People Act 1951 which provides that no spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place public or private, within a polling area during the period of forty eight hours ending with the hour fixed for the conclusion of poll for any election in that polling area. 2.In view of the statutory provisions as above, 'dry days' shall be declared and notified under the relevant state laws as is appropriate during 48hours, ending with the hour fixed for conclusion of poll with respect to each of polling days for any election in that polling area. 3.The Commission further directs that the day(s) on which the counting of votes is to be taken up, i.e. 6th and 7th October, 1999 shall be declared 'dry day(s)' under relevant State Laws in the State. 4.No hotels, restaurants, clubs and other establishments selling/serving liquor, shall be permitted to sell/serve liquor to anyone whosoever, on the aforesaid days. 5.Non-proprietary clubs, Star Hotels, restaurants, etc. and Hotels run by anyone, even if they are issued different categories of licenses for possession and supply of liquor, should also not be permitted to serve liquor on these days. 6.The storage of liquor by individuals shall be curtailed during the above period and the restrictions provide in the excise-law on the storage of liquor in unlicensed premises shall be vigorously enforced. 7.Steps shall also be taken to prohibit sale of liquor in adjoining areas of the concerned constituency (ies) so that there are no chances of clandestine movement of liquor from those areas has the restriction not been in operation. 8.The Commission directs that the State Governments shall strictly implement the above measures. They are required to issue detailed and comprehensive instructions to all concerned authorities to take appropriate, legally effective measures to implement the above prohibitions and assist the election authorities in the peaceful and smooth conduct of free and fair poll. A copy of the instructions issued in this behalf should be endorsed to the Commission. 9.This supersedes all existing instructions on the subject.

715

ITEM NO. 350 Election Commission's letter number 3/10/2001/JS-II dated 23.03.2001 addressed to CEOs of all States and Union Territories and copy endorsed to Chief secretary of all States/Uts [Please also see Commission's letter No. 3/10/2002/JS-II, dated 23rd April, 2002 (Item No.289)]. Subject: Election campaigns of political parties and candidates - measures to curb highly expensive campaigns and for maintenance of law and order during elections I am directed to state that the Commission has, during the recent rounds of general elections and bye-elections to the House of the People and State Legislative Assemblies, observed that political parties, candidates and their workers and supporters have often resorted to violations of those provisions of the Model Code of Conduct and relevant directions and instructions of the Commission, which aim at reducing the mounting cost of electioneering and maintenance of proper law and order during the election period. Taking advantage of the loop-holes in the existing laws, particularly the absence of any ceiling on the election expenses by political parties, the election campaigns by political parties and candidates and their supporters have become highly expensive, setting at naught the limits of election expenses fixed by law for the contesting candidates. Often, huge cutouts, multi-coloured and multidimensional, of leaders of political parties and candidates are erected on busy roads, inter-sections and highways, etc. Each of such cutouts costs thousands, and sometimes lakhs of rupees. Similarly, big gates and arches are built on the main highways and roads, despite the fact that the Commission had prohibited the erection of such cutouts, gates and arches, etc., by its order No. 3/10/(ES-007)/94-JS-II, dated 2nd September, 1994. 2.Likewise, many political parties and candidates are still observed violating the directions and instructions of the Commission prohibiting the defacement of public and private property, as contained in the Commission's Circular No. 3/7/94/JS-II, dated 5th January, 1994. 3.Further, it has also been generally observed that long motorcades, carrying important leaders of political parties and candidates, ply on important busy roads, creating traffic congestions and hazards and causing all round inconvenience to the general public, in violation of the directions of the Commission in its order No. 437/6/96/PLN-III, dated 15th January, 1996, that not more than three vehicles (excluding vehicles of security personnel accompanying any leader or candidate) should be allowed to go in a caravan on the roads during the electing period. Particularly, on the days of filing nominations, date of scrutiny and the date of allotment of election symbols after the period of withdrawal of candidatures is over, many of the candidates have been observed going to the offices of Returning Officers in long motorcades, and, in certain cases, even big processions with elephants and horses, etc., have been led to the offices of the Returning Officers on the above occasions. 716

4.The Commission has taken a serious notice of violation of its directions and instructions on the above subject and has desired that the same should be strictly and scrupulously observed by all political parties, candidates and their workers and supporters in their election campaigns, so that these are conducted in a peaceful and orderly manner. This will have the desired effect of providing level playing field for all parties and candidates, and maintenance of proper law and order and peaceful atmosphere conducive to the holding of free and fair elections. Without prejudice to its directions and instructions in its above mentioned orders/circulars, the Commission has, in particular, reiterated that (i) there shall be no cut-outs, gates and arches erected by candidates, political parties or their supporters; (ii) writing of slogans, pasting of posters, campaigning material etc., on public and private walls shall be strictly enforced as per local laws that are prevalent; and (iii) no large processions shall accompany a candidate when he goes to the office of the Returning Officer to file his nomination or goes for attending the scrutiny proceedings or the proceedings relating to allotment of symbols. Returning Officers and all others concerned should be instructed immediately to ensure that the above mentioned directions and instructions of the Commission are strictly observed and complied with by all political parties, candidates, etc. For this purpose, they should invoke all local police and municipal Acts and other relevant laws. It should also be impressed upon them that any lack of effort on their part which may result in violation of the Commission's directions and instructions would be seriously viewed by the Commission and dealt with by it severely. The Commission further desires that the above directions and instructions of the Commission should be brought to the notice by you to all political parties and candidates for strict observance on their part. For this purpose, you may hold meetings with all recognised parties at your level, whenever any general election is called in the State. Similar meetings should also be taken by the District Election Officers/Returning Officers with political parties and candidates at the District/Constituency level, as considered appropriate. This would avoid the embarrassing situation of pulling down or removing any cut-outs, wall paintings, etc., put up by the parties and candidates or impounding the vehicles, etc., used by them, in violation of the Commission's directions and instructions and facing any penal action under the relevant laws. Receipt of this letter may be acknowledged and Commission informed of the action taken in the matter.

717

ITEM NO. 351 Election Commission's letter No. 3/10/2002/JS-II, dated 23.04.2002.addressed to the Chief Electoral Officers of all States/UTs and copy to Chief Secretary of all Stats/UTs Subject: Election campaign of political parties and candidates - measures to curb highly expensive campaigns and for maintenance of law and order during elections - clarifications I am directed to invite your attention to the Commission's letter NO.3/10/2001/JSII. dated 23rd March. 2001, on the above subject. 2.

in addition to the Commission's direction at para 4, it is clarified that (a)No hoarding shall be allowed to be displayed, in private places, even if the consent of owner is there. (b)Hoarding is to be allowed for campaign purposes in public places, as permitted by the local authority, on payment. However, the places for such hoarding allowed by the local authority shall not be expanded or contracted after the announcement of the elections.

3.The above clarifications may be brought to the notice of all concerned as directed in the Commission's letter dated 23rtt March. 2001. 4.Receipt of this letter may be acknowledged and Commission may be informed of the action taken in the matter.

718

ITEM NO. 352 Election Commission's letter No. No.464/L&O/1/2004/PLN-I, dated 29.02.2004. addressed to Chief Secretaries of all States and UTs Subject: General Elections to Lok Sabha & certain State Assemblies, 2004 -Daily Reports of Law & Order The Commission has announced the schedule for holding General Election to Lok Sabha and some State Legislative Assemblies. 2. In this connection, I am directed to forward herewith a copy each of the two proforma regarding daily reports on Law and Order for the States and to say that the Chief Secretary may kindly arrange for the compilation of daily law and order report for each district in the format prescribed in the Proforma (LOR-Form I). Only election related incidents should be included in the report. The SSP/SP should give copies to the District Election Officer/District Magistrate and to the Chief Electoral Officer in addition to sending up in the Police hierarchy. The District Authorities shall not send the report direct to the Commission. 1. The Home Department should prepare a consolidated report for the entire State in the format at Proforma (LOR-Form II) and send this to the Chief Electoral Officer. It should be ensured that the figures furnished are cross-checked with the figures made available to the Union Home Ministry. The Chief Electoral Officer should fax this report and send his comments, etc., if any, with the post copy to the concerned Principal Secretary/Secretary (by name) through the Camp Bag facility/Speed post so that this can reach the Commission at the earliest. STATE

Principal Secretary/Secretary

Fax No.

i.

Chhattisgarh, Madhya Pradesh, Uttaranchal, Uttar Pradesh

Shri Anand Kumar

23355623

ii.

Bihar, Jharkhand

Shri Rajesh Aggarwal

23716557

iii.

Goa, Gujarat, Maharashtra, Rajasthan, Daman & Diu, Dadra Nagar Haveli

Shri S.K.Kaura

23717025

iv.

Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Andaman & Nicobar Islands, Lakshadweep, Pondicherry

Shri Tapas Kumar

23052007

719

v.

Arunachal Pradesh, Assam, Haryana, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Tripura, NCT of Delhi, Chandigarh

Shri K.Ajay Kumar

23711850

vi.

Orissa, Sikkim, West Bengal

Shri R.K.Srivastava

23716617

4.The State Home Secretary may be advised to personally supervise the flow of daily law and order reports from the districts/ranges and to ensure that the consolidated report is regularly prepared and figures reconciled before sending the same to the Chief Electoral Officer by a fixed time every day. 5.The first report shall be sent starting with the 3rd March 2004 for the elections and shall continue till the completion of elections in the State concerned. 6.The receipt of the letter may kindly be acknowledged.

FORM_LOR_I GENERAL ELECTION, 1998 DAILY LAW & ORDER REPORT FOR DISTRICTS DISTRICT :

NAME OF THE STATE/UT :

1Range/District: 2NO. OF UNLICENSED ARMS/EXPLOSIVE SEIZED a)Arms/Weapons b)Cartridges No. of illicit arms manufacturing centres raided and Seizures made 4Licensed Arms deposited/impounded & Cancelled 5No. of persons bound down U/S. 107/116 Cr. Pa, etc. 6EXECUTION OF NON-BAILABLE WARRANTS

720

(a)Pending (b)Executed 7

Brief of the incidents including date & place

8Police action taken (Reference to Column)

9Political/Communal Affiliation of the groups involved (ref: column 7)

10Persons killed and injured in police action (Ref:col.7) (a)Killed (b)Injured 11

Persons killed and injured in police action (a)Killed (b)Injured

12Cognizable cases relating to Elections 13No. of persons arrested (Ref. Col. 7) 14Damage to Election Property

721

15Polling Persons killed/injured in pre-poll/poll Violence (a)Killed (b)Injured

722

Form LOR_II ELECTION COMMISSION OF INDIA GENERAL ELECTION, 1998 DAILY LAW & ORDER REPORT FOR STATES/UTs

NAME OF THE STATE/UT : 1Range/District: 2NO. OF UNLICENSED ARMS/EXPLOSIVE SEIZED a)Arms/Weapons b)Cartridges No. of illicit arms manufacturing centres raided and Seizures made 4Licensed Arms deposited/impounded & Cancelled 5No. of persons bound down U/S. 107/116 Cr. Pa, etc. 6EXECUTION OF NON-BAILABLE WARRANTS (a)Pending (b)Executed 7Brief of the incidents including date & place

723

8Police action taken (Reference to Column)

9Political/Communal Affiliation of the groups involved (ref: column 7)

10Persons killed and injured in police action (Ref:col.7) (a)Killed (b)Injured 11

Persons killed and injured in police action (a)Killed (b)Injured

12Cognizable cases relating to Elections 13No. of persons arrested (Ref. Col. 7) 14Damage to Election Property 15Polling Persons killed/injured in pre-poll/poll Violence (a)Killed (b)Injured

724

ITEM NO. 353 Election Commissioner’s letter No. 464/L&O/1/2004/PLN-I, dated 29.02.2004 addressed to he Chief Secretaries of all States and Union Territories. Subject: - General election to Lok Sabha, 2004. Commission has announced the schedule for holding General Election to Lok Sabha and some State Legislative Assemblies. 2.

In this connection, I am directed to forward herewith a copy each of the two

proforma regarding daily reports on Law and Order for the States and to say that the Chief Secretary may kindly arrange for the compilation of daily law and order report for each district in the format prescribed in the Proforma (LOR-Form I). Only election related incidents should be included in the report. The SSP/SP should give copies to the District Election Officer/district magistrate and to the Chief Electoral Officer in addition to sending up in the Police hierarchy. The District Authorities shall not send the report direct to the Commission. 3.

The Home Department should prepare a consolidated report for the entire State

in the format at Proforma (LOR-Form II) and send this to the Chief Electoral Officer. It should be ensured that the figures furnished are cross-checked with the figures made available to the Union Home Ministry. The Chief Electoral Officer should fax this report and send his comments, etc., if any, with the post copy to the concerned Principal Secretary/Secretary (by name) through the Camp Bag facility/Speed post so that this can reach the Commission at the earliest. STATE

Principal Secretary/Secretary

Fax No.

i.

Chhattisgarh, Madhya Shri Anand Kumar Pradesh, Uttaranchal, Uttar Pradesh

23355623

ii.

Bihar, Jharkhand

23716557

iii.

Goa, Gujarat, Maharashtra, Shri S.K. Kaura Rajasthan, Daman & Diu, Dadra Nagar Haveli

23717025

iv.

Andhra Pradesh, Karnataka, Shri Tapas Kumar Kerala, Tamil Nadu, Andaman & Nicobar Islands, Lakshadweep, Pondicherry

23052007

Shri Rajesh Aggarwal

725

v.

Arunachal Pradesh, Assam, Shri K. Ajay Kumar Haryana, Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Tripura, NCT of Delhi, Chandigarh

23711850

vi.

Orissa, Sikkim, West Bengal

23716617

4.

The State Home Secretary may be advised to personally supervise the flow of

Shri R.K. Srivastava

daily law and order reports from the districts/ranges and to ensure that the consolidated report is regularly prepared and figures reconciled before sending the same to the Chief Electoral Officer by a fixed time every day. 5.

The first report shall be sent starting with the 3rd March, 2004 for the elections

and shall continue till the completion of elections in the State concerned. 6.

The receipt of the letter may kindly be acknowledged.

726

Form LOR-FORM I

Election Commission of India Daily Law & Order Report for Districts for Electoral Events Election ID: STATE ELECTIONS, 2004 Report for a day should cover a period of 24 hours from 6.00 AM of that day to 6.00 AM of next day)

To 1) District Election Officer 2) District Magistrate Copy to 1) Home Secretary

2) Director General of Police 3) Chief Electoral Officer

Start Date for these Reports (1) :Date

Month

Report for…………..day (2)

Month

:Date

Year Year

Name of State: Name of Police District : Police Range (of IG/DIG): Part I : Summary SI. Item No.

Reporting Day Cumulative from Start Date upto and including Reporting day

1.

No. of Unlicensed Arms/Explosive seized a)Arms/Weapons b)Cartridges/Explosives(Quantity/Numbers) 2. No. of illicit arms manufacturing centres raided and seizures made 3. Licensed Arms deposited/impounded/ cancelled 4. No. of persons bound down U/S 107/116 CrPC etc. 5. Execution of non-bailable warrants a) Executed b) Pending 6. No. of incidents of violence related to poll campaign, political rivalry etc. a) No. of incidents b) Total killed c) Total injured d) Damage to property (in Rs. Lakhs) Signature Name of of SP/SSP: SP/SSP:

727

Form LOR-FORMI (Page No………) Daily Law & Order Report for Districts for Electoral Events Election ID : STATE ELECTIONS, 2004 (Report for a day should cover a period of 24 hours from 6.00 AM of that day to 6.00 AM of next day)

Report for......................day (2) Date

Month

Year

Name of State: Name of Police District: Part II : Details of Incidents of Violence (Use a separate sheet for each incident of violence covered in item 6 of part I) A. General Information 1.

Incident No.:

2.

Place/Location:

3.

Brief Narrative Summary of incident of violence :

4.

Political/Communal Affiliation of the Groups/People involved in the incident, if any :

5. 6.

Time :

Police Action taken, if any : Break-up of persons killed and injured in the Killed incident: a) Political workers/Activists b) Poll Officials c) Policemen/Security Staff on Duty d) Onlookers e) Others Total

7.

Details of Damage to Property, if any :

Signature of SP/SSP:

Name of SP/SSP: 728

Injured

Form LOR-FORMI (Page No………………..) Daily Law & Order Report for Districts for Electoral Events Election ID: STATE ELECTIONS, 2004 (Report for a day should cover a period of 24 hours from 6.00 AM of that day to 6.00 AM of next day)

Report for………….. day (2) Date

Month

Year

Name of State: Name of Police District: Part IIB : Names & Particulars of Persons killed/injured ( Use a separate sheet for each incident of violence covered in item 6 of Part I) Incident No.:

S.No. Name & Particulars of Person

Age (3) Sex

Signature of SP/SSP:

Category (4) Killed/Injured

Name of SP/SSP :

(3)Approximate age. (4)Political worker or activist/Poll official/Policeman or security staff on duty/Onlooker/Others.

729

Form LOR-FORM II Election Commission of India Daily Law & Order Report for State for Electoral Events Election ID : STATE ELECTIONS, 2004 (Report for a day should cover a period of 24 hours from 6.00 AM of that day to 6.00 AM of next day)

To The Secretary Election Commission of India

Start Date for these Reports (1): Date

Month

Year

Report for....................... day (2) : Date

Month

Year

Name of State: SI. Item No.

Reporting Day

1.

No. of Unlicensed Arms/Explosive seized a)Arms/Weapons b)Cartridges/Explosives(Quantity/Numbers )

2.

No. of illicit arms manufacturing centres raided and seizures made Licensed Arms deposited/impounded/ cancelled No. of persons bound down U/S 107/116 CrPC etc. Execution of non-bailable warrants a) Executed b) Pending

3. 4. 5.

6.

No. of incidents of violence related to poll campaign, political rivalry etc. a) No. of incidents b) Total killed c) Total injured

d) Damage to property (in Rs. Lakhs) Signature of CEO :

Name of CEO:

730

Cumulative from Start Date upto and including Reporting day

IMPORTANT: In case a violent incident has occurred for this day, please enclose, for each incident, a copy of the report for the concerned Police District in Form LOR-FORM I.

731

ITEM NO. 354 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officers, Bihar Subject :

Provision of Law on forcing or intimidating a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law

I am directed to invite your attention to the provisions of Section 3 (i) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), reproduced below. “Offences of Atrocities 3. Punishments of offences of atrocities (1) Whoever, not being a member of Scheduled Caste or a Scheduled Tribe:-……….. ……..(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;………. ……..Shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine”. The Commission has desired that these provisions of law may be brought to the notice of all election related & police authorities, political parties and members of public immediately.

The police officials may be directed to file FIRs whenever cases of

violation of the aforesaid provisions of law are observed or brought to their notice.

732

ITEM NO. 355 Election Commission's letter No.576/14/2005/PLN-I, dated 16.09.2005 addressed to the Chief Secretaries/Chief Electoral Officers of Haryana, Uttaranchal and West Bengal Subject: Bye-elections to the Lok Sabha and State Legislative Assembly, 2005 Prohibition on sale of liquor etc. I am directed to invite your attention to Section 135C of the Representation of the People Act, 1951 which provides that no spirituous, fermented or intoxicating liquors or other substances of like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of poll for any election in the polling area. 2.

In view of the statutory provision as above, 'Dry day' shall be declared

and notified under the relevant State laws as is appropriate during 48 hours, ending with the hours fixed for conclusion of poll with respect to polling day for an election in that polling area. Therefore, in view of the poll day being 28 th September, 2005 in the byeelections being held in your State the "Dry day" shall be observed in the Parliamentary Constituency/Assembly Constituency where bye-election is being held including adjoining areas of the concerned constituency from 5.00 p.m. of 26 th September, 2005 to 5.00 p.m. of 28th September, 2005. The Commission further directs that the day 1st October, 2005 on which

3.

counting of votes is to be taken up, shall be declared 'Dry Day' under the relevant Laws in the state. 4.

No

liquor

shops,

hotels,

restaurants,

clubs

and

other

establishments

selling/serving liquor, shall be permitted to sell/serve liquor to anyone whosoever, on the aforesaid days.

733

5.

Non-proprietary clubs, Star hotels, restaurants etc. and Hotels run by anyone

even if they are issued different categories of licenses for possession and supply of liquor, should also not be permitted to serve liquor on these days. 6.

The storage of liquor by individuals shall be curtailed during the above period

and the restrictions provided in the excise law on the storage of liquor in unlicensed premises shall be vigorously enforced. 7.

The Commission directs that the State governments shall strictly

implement the above measures. They are required to issue detailed and comprehensive instructions to all concerned authorities to take appropriate and legally effective measures to implement the above prohibitions and assist the election authorities in peaceful and smooth conduct of free and fair poll. 8.

The receipt of this letter may kindly be acknowledged.

734

ITEM NO. 356 Election Commission's letter No. 464/L&O/2005/PLN-I, dated 01.10.2005 addressed to the Chief Secretaries of Jharkhand, Uttar Pradesh and West Bengal and copy to /Chief Electoral Officers of these States Subject: General Election to Legislative Assembly of Bihar, 2005 - sealing of borders etc. As you are aware the poll for the General Election to the Legislative Assembly of Bihar is going to be held in four phases i.e. on 18th, 26th October, 13th and 19th November, 2005. The Govt. of Bihar has already been directed to take adequate measures to seal its borders with neighbouring States in order to prevent anti-social elements of neighbouring stats from entering Bihar with a view to create disturbances in the election. Reports have been received that there might be attempts by some anti-social elements to enter with arms in Bihar where poll is being held with a view to affect the prospects of the candidates of different political parties on caste and communal lines. The Commission has been constantly reviewing the law and order situation with law enforcement agencies in Bihar State and is of the view that preventive steps should be taken in the border-districts of your States also in the run-up to the polls scheduled on 18 th, 26th October, 13th and 19th November, 2005. It is requested that necessary directions may kindly be given to the District Collector/District Magistrate and Superintendents of Police of bordering districts of your State to exercise vigil and to take necessary preventive steps against anti-social elements who intend to create trouble in Bihar. The Commission solicits your co-operation in this regard to ensure free, fair and smooth poll in Bihar.

735

DEPLOYMENT OF HOME GUARDS AND OTHER FORCES

736

ITEM NO. 357 Election Commission's letter No.464/L&O/99-PLN-I, dated 14.08.1996 addressed to The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: General Elections to Lok Sabha & certain State Assemblies, 1999 Deployment of Forest Guards I am directed to state that the Commission has received a number of requests from the State Governments seeking permission for deployment of Forest Guards for the conduct of elections. After taking into consideration various factors, the Commission has agreed to the deployment of Forest Guards who are not working in National Sanctuaries, Wild Life Sanctuaries and National Sanctuaries and National Game Parks may be deployed for election related duties in all States and all Union Territories subject to the following conditions: (i) The Chief Secretary of the State will personally ensure that only those Forest Guards who have been recruited and appointed as per the prescribed rules and regulations before 31s* March, 1999 are deployed for duty in connection with election. (ii) It must also be ensured that the recruitment has been done under established rules and proper procedure and by duly constituted committees manned by Police or Government officers of appropriate levels. (iii) It must further be ensured that no political persons have been involved in the process of selection/recruitment. (iv) It must be ensured that the Forest Guards deployed for duty during the elections must be non-partisan and should not have any political leanings. 2. It is further directed that the Forest Guards must be put under the command of senior Police Officers at the time deployment like Home Guards.

737

ITEM NO. 358 Election Commission's letter No. 100/bye/L&O/98, dated 19.05.1998 addressed to CEOs of all States & UTs Subject: Polling Booth to be necessarily manned by Police Personnel on Poll Day This letter is in connection with the bye-elections to the State Assembly that is underway in your State. The Commission has decided that every polling booth in the Constituencies going to poll must be manned with the necessary complement of police personnel. Also, note that for bye-elections, the standard practice is not to deploy Central Para Military Forces. Therefore, the police personnel to be deployed on static duty outside the polling booths shall necessarily be from the State police and the State Armed Police. You are requested to get in touch with your Home Secretary and the Director General of Police to ensure that, under no circumstances, any polling booth is left unmanned by police personnel on poll day. Also, alert the concerned Returning Officers, District Election Officers and the Observers regarding this direction of the Commission so that its implementation is ensured on ground in its entirety.

738

ITEM NO. 359 Election Commission's letter No.464/L&O/99-PLN-I, dated 05.08.1999 addressed to The Home Secretary, The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: Deployment of forces to maintain law and order during the forthcoming general elections The Commission has been Observing the manner of utilization of Central Para Military Forces, that are obtained with great difficulty and considerable cost, and are deployed to various State Governments to augment their existing police forces and the holding of free and fair elections. It has been observed that in several States there is sub optimal usage of these Central Para Military Forces causing a drag in the benefits that this entire complex and difficult exercise should accrue. By way of example, the Central Para Military Force is often kept on reserve duty in some areas in the country. In certain other instances, the forces arrive too late to be deployed effectively. 1.In order to remove some of the confusion and see that this entire exercise is geared optimally to conduct free and fair elections, the Commission hereby lays down the following guidelines of drawing up the State deployment and District deployment plan that could increase the utilization of Central Para Military Forces and the local police so that the voter is allowed to cast his vote in an atmosphere devoid of any fear. 2.The CEO of the State shall be actively associated in drawing up the State deployment plan. His recommendations on what quantum of forces should be deployed to which constituency shall merit serious consideration in drawing up the plan. 3.Similarly, the District deployment plan shall be formulated and finalized under the Chairmanship of the District Magistrate/District Election Officer. The district deployment plan shall ensure that all polling stations are covered with adequate static duty backed with necessary mobile support. 4.Both the State Deployment plan and the district deployment plan shall be finalized well before the day of poll. It would be helpful if it is finalized within two to three days of the start of the campaign period. 5.In case of States going to polls in a phased manner, having multiple notifications, the stipulation as at (3) above shall construe to mean first2 to 3 days of the campaign period covered under the first notification. 6.The Central Para Military Forces coming into State are to be deployed for active duty in elections. They should not be kept in reserve duty. If, you unavoidable reasons, a portion of the Central Para Military Forces is placed on reserve duty, then the Chief Electoral Officer of the State should be first consulted in this regard. The deployment plan must spell out when and where the Central Para Military Forces are reaching the State. 739

ITEM NO. 360 Election Commission's letter No.464/L&O/99-PLN-I, dated 06.08.1999 addressed to The Chief Secretary and Chief Electoral Officers of all States and Union Territories Subject: General Elections 1999 - Deployment of NCC (Senior) cadets I am directed to state that the Commission has decided to deploy NCC (Senior) cadets in all States and Union Territories. 2.The Commission has framed detailed guidelines in consultation with the Ministry of Defence for deployment of NCC cadets. A copy of the same is enclosed. 3.I am to request that necessary action in the matter may kindly be taken and the details thereof intimated to the Commission. 4.The receipt of the letter may kindly be acknowledged. Copy forwarded to the to the Joint Secretary (Trg.) & CAO, Ministry of Defence, C-II Hutments, Dalhousi Road, New Delhi-110 011 for information.

COPY

No. ECI/GE99/PLN-I/464/L&O/99 1999

August 6,

Subject: Guidelines for Deployment of NCC (Senior) Cadets in connection with "the conduct of General Election 1999 In view of the situation in J&K and the consequent diversion of large number of Central Para-Military Forces, the current round of General Election have to be managed with much depleted police forces in the rest of the country. After taking into account the overall situation, the Election Commission of India considered the feasibility of deploying NCC Cadets for efficient management of the poll. To this end the full Commission had a detailed interaction with a high level delegation led by Defence Secretary and comprising Director General of NCC Additional Secretary and Joint Secretary in-charge Ministry of Defence. After this discussions at Working Group Level were held and various issues were reviewed Based on this the following guidelines have been formulated by the Commission with the concurrence of the Ministry of Defence. These guidelines will be applicable for the drafting and deployment of NCC cadets in connection with the current General Elections. 1.Only Senior Division NCC boy cadets will be deployed for this purpose. 740

2.Although boys of 17 years are eligible to be members of the senior division of NCC only those who have completed 18 years of age will deployed for such duties. 3.This will be purely on voluntary basis and would also require parental consent. A suitable form to be used for this purpose has been devised and is enclosed. 4.The Polling Stations where NCC cadets will be deployed, will be carefully chosen. The difficult and sensitive polling stations as per current assessment and polling stations with past history of trouble, will be scrupulously avoided for deployment of NCC cadets. As far as possible, the cadets will be deployed in the cities/towns and the adjoining areas only of the institution of in which the NCC unit is located. In any case, they shall not be deployed outside the districts in which the NCC units are located. 5.A State Level Coordination meeting will be held between the Deputy Director General (NCC), Chief Electoral Officer, Home Secretary and DGP of the State. In this meeting stock should be taken of NCC units and the availability of trained cadets. On this basis the major towns/cities falling within a constituency where NCC cadets can be deployed should be identified. 6.Similar meetings will be held at the District level by the District Magistrates and SPs with the Commanding Officers of the NCC Units. 7.Suitable orientation training will be provided to the NCC cadets. A clear idea about the nature of the duties to be performed by the cadets and Dos/DO'NTs has to be covered in this training programme. The Commanding Officers of the units and the Associate NCC Officers (ANOs) will be associated with such trainings. A minimum of two rounds of training is to be provided. 8.The cadets should be deployed for poll related duties only on the polling day and cover the polling hours for the concerned polling stations. 9.Nature of the duties will be mainly for providing presence of uniformed persons and for such activities like queue control and helping in the orderly conduct of the poll in a smooth manner. 10.The NCC cadets will be given suitable honorarium as given to Polling Officers for attending training and for performing duty on poll day. This would be disbursed through the concerned Commanding Officer or ANOs from state govt./election fund. 11.DMs/SPs will make suitable arrangements for transport of the cadets from central locations to the various polling stations and their return. 12.Ideally a minimum of three cadets should be deployed at a polling station. In many cases more than one polling stations are located within the same premises. In such cases, the deployment can be suitably increased. 13.

(a) One uniformed police personnel or home guard should be necessarily present at each polling station. (b) NCC cadets in uniform will be present in addition to the uniformed Police Personnel or Home-guard. The cadets will, however, not be used for 741

security related duties which may endanger the life of a cadet or cause physical injury to him. 14.The normal police function of law and order will not be performed by the NCC cadets. 15.The NCC cadets will be deployed without arms. 16. For effective coordination in deployment, mobilization and demobilization on the polling day, a group of polling stations where NCC cadets are deployed will be supervised and monitored by the concerned Commanding Officer and ANOs in close coordination with the Sector Officer/Sector Police Officer. These details have to be worked out in advance and such NCC officers should accompany the concerned party of Sector Officer/Sector Police Officer. 17.Wherever NCC cadets are being deployed, at the local level, the media should be kept informed so that the public appreciates their role. In fact, efforts should be made to convey the important contribution of the NCC in the national task of the conduct of the General Elections, which is a difficult and challenging activity for our country at this juncture. Due care should be taken by the District Magistrate and SP to ensure that the cadets are provided and deployed in a smooth, disciplined and meaningful manner to augment other available resources for conduct of free and fair polls. They should personally monitor and supervise the entire operations. 18.Wherever snacks/food packets are being provided as apart of the arrangement for polling personnel and others the same facilities should be available to the cadets. 19.In the unlikely even of any unforeseen accident and injury etc. in the course of drafting and deployment of NCC cadets, the standard policy of the State Govt. etc. on applicable to the person on poll duty will be apply to the NCC cadets.

FORM OF UNDERTAKING FOR VOLUNTEERING FOR ELECTION DUTIES I.................................................................. son of ......................................................................... resident of ............................................................................................................................................. certify that I am over 18 years of age. I am an NCC cadet of ............................................................................................................................................. college under NCC Bn.................................... I hereby volunteer to undertake duties on the date of polling related to the conduct of polling for the General Elections being held in the Sept/Oct year 1999 at a polling station within my district as decided by my OC unit.

742

I......................................................................certify that I will not claim any compensation for loss caused to my studies or any other related activity by my being detailed for the said election duty. (Sig. of Cd) No. Rank ......................................... Station...................................

Name.....................................................

Date......................................

Unit.......................................................... College .........................................

743

WILLINGNESS CERTIFICATE BY FATHER/MOTHER/GUARDIAN OF CADET I...................................................... am the father/mother/guardian of............................................. (NCC Cadet) and I hereby give my consent for employing of my son/ward for election duties-99. (Sig of Parent/Guardian) Station...................................

Name

Date......................................

Relationship with cadet

744

ITEM NO. 361 Election Commission's letter number No. 464/L&O/1/2004/PLN-I dated 26.02.2004 addressed to the Chief Secretaries/CEOs all States and Union Territories Subject: General elections to Lok Sabha, 2004 & certain State Legislative Assemblies -Deployment of Home Guards, Forest Guards, Ex-army Personnel I am directed to say that the Commission has approved the deployment of Home Guards for the conduct of forthcoming General elections to the Lok Sabha and simultaneous elections to Legislative Assemblies in some States subject to the following conditions: (i) It will be ensured that only those Home Guards who have been recruited and appointed as per the prescribed rules and regulations before 30.09.2003 are deployed for duty in connection with the elections. (ii) It must also be ensured that the recruitment has been done under established rules and proper procedure and by duly constituted committees manned by Police or Government officers of appropriate levels. (iii) It must further be ensured that no political persons have been involved in the process of selection/recruitment. (iv) It must be ensured that the Home Guards deployed for duty during the elections must be non-partisan and should not have any political leanings. (v) The Home Guards must be put under the command for senior Police Officers at the time of deployment. (vi) Home Guards should not be deployed in their native Taluka/Subdivision/Circle/Blocks from where they have been recruited. 2.The Commission has also allowed the utilization of the services of ex-servicemen, retired policemen including retired members of the Central Para Military personnel subject to the condition that the services of only those persons who have retired during the last five years shall be utilised. Further, it is stipulated that the persons to be so deployed should be able-bodied and shall not be deployed in their native Tehsils/Blocks/Sub-divisions/Circle/Talukas. 3.Receipt of this letter may kindly be acknowledged.

745

ITEM NO. 362 Election Commissioner’s Letter No. 464/L&O/2/2004/PLN-I, dated 17.03.2004 addressed to the Chief Secretaries and the Chief Electoral Officers of all States & UTs Subject: General Elections to the House of the People and Certain State Legislative Assemblies, 2004 - Deployment of Forces to maintain Law and Order and other security arrangements I am directed to invite your attention to the following standing instructions of the Commission and to request that these should be followed scrupulously during the ensuing general elections in your State.

1 464/96(L&0)

Dated 17.01.1996

2 464/96/L&O/PLN-I

Dated 14.03.1996

3 464/L&O/99-PLN-I

Dated 12.11.1999

Preventive action to ensure conduct of peaceful, free and fair poll during the forthcoming general elections General Election/Bye-Elections -free and fair elections - special measures to prevent booth capturing. Restrictions on possession of arms during elections.

The receipt of the letter may kindly be acknowledged.

746

COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No. 464//96(L&O)/2636t2699

Dated 17th January.1996.

Subjects: - Preventive Action to ensure conduct of peaceful, -free and fair poll during the forthcoming general elections. ORDER 1. The Commission being deeply aware of the increasingly vitiative role of criminality and muscle power at elections has been taking, and directing the taking of a number of measures over and above the purview of normal law and order arrangements, for augmenting the possibilities of peaceful, free and lair poll. These measures include the deployment of Central Police Forces during the process of elections to assist the State Law and Order machinery in prevention of pre-poll, poll and post—poll violence and inspire confidence in the impartiality of election machinery among the common electorate, regulation of vehicular traffic. regulation and ban on the sale of liquor in close proximity with the dates of poll and counting. seizure of illicit and licenced arms, etc., etc. 2. These extra Measures taken by the Commission cannot absolve the normal law and order outfit of the State from taking such preparatory steps as are necessary for generation of an atmosphere conducive to the conduct of peaceful free and fair poll during the run up period to the elections. It is indispensable to tighten the local Ian and order outfit and enforce with adequate strictness the day-to-day criminal administration with a view to mitigating the requirement of the aforesaid extra measures. 3. The Commission desires these States to undertake the following prophylactic measures immediately and report regularly the progress and effect of these measures in the context of possibilities of holding peaceful, free and fair elections: 3.1 A special drive should be launched to compile a List of such persons as are reported to have indulged in electoral offences like booth capturing. intimidation, impersonation in each police station of each and every constituency during the past at least two elections and a list thus compiled of each constituency made available to the concerned District Election Officer and the Returning Officer of each Assembly Constituency to be forwarded to the Commission if and when asked for. 3.2 A special drive should be launched to update the lists of history sheeters, declared absconders. fugitive criminals in each police station falling in each and every Assembly Constituency and record of such updated listed handed over to the District Election Officers and Returning Officers concerned, constituency wise, with a view to be kept ready for dispatch ID the Commission if and when asked for. 3.3 A special drive should be launched to effect the service of all pending warrants and challans in each police station of each and every Assembly Constituency and fortnightly updated constituency wise information of unserved warrants be made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for. 747

3.4 A special drive should be launched to expedite the investigation and prosecution of all electoral offences registered in previous elections in each police station of each and every Assembly Constituency and a fortnightly report made available to the concerned District Election Officer and Returning Officer to be forwarded to the Commission if and when asked for. 3.5 The States should conduct a 1007. scrutiny of licences of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering. 3.6 A special drive should be launched to unearth illicit arms and ammunition in each police station of each and every Assembly Constituency and information of Mixtures should be made available fortnightly to the concerned District Election Officer and Returning Officer- constituency wise to be forwarded to the Commission if and when asked for. 3.7 A special drive should be launched to unearth illicit liquor making factories and information about seizures mane available to the concerned district Election Officer and Returning Officer fortnightly to be forwarded to the- Commission if and when asked for. 4. A copy of this order in English and Hindi and the local official language(s) should be made available to all recognised political parties immediately and to each candidate or the agent authorised by him at the time of filing nomination (repeat filing nomination and net scrutiny of nomination) under acknowledgment. 5. The receipt of the order may please be acknowledged forthwith and its contents given widest. possible publicity through the most effective local media. By order and in the name of Election Commission of India Sd./(C.R. BRAHMAM) SECRETARY To The Chief Secretary, (All States & Union Territories). The Chief Electoral Officer (All States & Union Territories ) (Copy) Item No. 164 Election Commission's letter No. 464/96/L&O/PLN-I, dated 14th March, 1996, addressed to (1) The Chief Secretaries of all States and Union Territories and (2) The Chief Electoral Officers of all States and UnionTerritories Subject: General election/Bye-elections - free and fair elections - Special measures to prevent booth capturing

748

The Commission from time to time has been emphasizing the need for identifying sensitive and trouble-prone areas from the point of view of elections. It has been stressed that prior identification would facilitate in effective prevention of commission of serious irregularities at the time of polling. Such measures will be a safeguard against evil and corrupt practices, booth-capturing, intimidation of voters, large-scale impersonation, violence etc. 2. Among others the following may be considered as guiding factors in identifying sensitive and trouble-prone areas/polling stations; i)

Past history of the constituency or polling area;

ii)

Incidents of booth-capturing, violence, riots large-scale impersonation.

iii)

Information regarding abnormal law and order situation in particular area or region of the constituency.

iv)

Specific complaints made by political parties and candidates;

v)

Nature of contest viz. political status of candidate;

vi)

Political rivalries;

vii)

Number of history sheeters and absconders; and

viii) Number of SC/ST electors. 3. The identification of these trouble prone areas should be done by the District Magistrates in consultation with the Superintendent of Police on the basis of the identification made by the district authorities. Consolidated lists of the sensitive polling stations should be sent to the Commission by the Chief Secretary after consulting the Chief Electoral Officer. 4. From past experience, it is observed that there had been a tendency on the part of district authorities/State Government to identify almost every polling station as sensitive. This defeats the very purpose of identifying specific areas which require special attention. It is, therefore, directed that identification of sensitivity of the areas/polling station should be done after a very close and careful scrutiny of all the factors that would render a polling station/area "sensitive". This should be done after taking into account all factors into consideration and not in a routine manner. For obvious reasons there can be no 'standard" ceiling for such sensitive polling stations. The number would vary from State to State and from district to district. After taking into account local and administrative realities at the ground level not more than a reasonable percentage of polling stations should be identified as sensitive. 5. Such exercise to identify the sensitive and trouble prone areas should start immediately on the announcement of elections. Lists of such identified areas should be sent to the Commission immediately after the last date for withdrawal of nominations. 6. A contingency plan to effectively tackle the problems also may be prepared and kept in readiness. COPY 749

COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 12 th November,

No.464/L&O/99-PLN-I/30069-30132 1999.

Subject:- General Election/Bye-Elections - restrictions on possession of arms during elections. ORDER In exercise of the powers conferred on the Commission under Article 324 of the Constitution of India and all other powers enabling it in this behalf and in supersession of all other instructions, the Commission hereby orders that the following instructions shall be observed during all future elections: 1.Issue of licence for arms will be totally prohibited during the period commencing with the date of announcement of elections. This ban will continue to be operative till the completion of the election as notified. 2.The police should be directed to be vigilant and asked to start mopping up operations of the areas infested with known goonda and other bad elements right from the date of announcement of elections. During such mopping up operations special attention should be paid to unearth and seize unlicensed arms and ammunition A very thorough search and seizure by the State Police of unlicensed arms and places of indigenous manufacture of arms and ammunition shall be earned out and persons involved shall be arrested. While unearthing and seizure of unlicensed weapons is a normal ongoing responsibility of the police, it shall be vigorously intensified during the election period. Inter-State and intra-State movements of trucks and commercial vehicles shall be strictly checked with a view to preventing smuggling of arms and ammunition and anti-social elements. Raids should be carried out regularly and intensively on underground arms factories. 3.

Immediately after the announcement of elections. District Magistrates snail make

a detailed and individual review and assessment (in accordance with the prevalent State laws) of all licence holders so that licensed arms in those cases where they consider it essential are impounded in order to ensure maintenance of law and order so essential for ensuring free and fair elections. These arms should be deposited with the district authorities. Among cases which may need to be reviewed are the following : 750

(i)

persons released on bail,

(ii)

persons having a history of criminal offences, and

(iii)

persons previously involved in rioting at any time but especially during the election period.

(The above categories are only illustrative and not exhaustive) 4.

After such review, all such licence-holders who are identified, shall be directed to

deposit their arms with the District Administration during the period of one week from the last date for withdrawal of candidatures. 5.

The District Administration shall make fool-proof arrangements for keeping the

deposited fire arms in safe custody. Proper receipt must be given to the licence holders depositing the fire arms. It shall be the bounden duty of the District Administration to ensure that all fire arms deposited with the Administration are returned to the licence holders immediately after one week after the declaration of results. 6.

Prohibitory orders may be passed by the District Magistrate under section 144 of

the Criminal Procedure Code, 1973 banning the carrying of licensed arms as soon as an election is announced, subject to his satisfaction that it is essential to issue such orders. 7. This ban shall, not be applicable to those communities who are entitled to display weapons by long standing law, custom and usage. This shall, however, not prevent the District Administration to impound weapons of any such persons of even such communities if they are found to be indulging in violence or posing a threat to the maintenance of law and order and peaceful conduct of elections. In these cases also the fire arms shall remain impounded till one week after the declaration of results. 8.

Strict vigil shall be maintained by thorough checking of lorries, light vehicles and

all other vehicles from three days before the date of poll to ensure that no undesirable elements or arms and ammunition are being transported into the constituency from outside and to apprehend them if they are doing so. Such checking of vehicles shall continue rill the completion of the counting of votes and the declaration of results. As and when such culprits are apprehended, the arms and ammunition and vehicles concerned shall be confiscated. 9

A copy of this order m English/Hindi and m the local official language(s) shall be

made available to the local units of all recognised National/State political parties, in each district immediately and to each candidate or the agent authorised by him at the time of 751

his

nomination

(repeat

nomination

and

not

scrutiny

of

nominations:

under

acknowledgment 10.

The receipt of this order shall be acknowledged immediately. By order and in the name of the Election Commission of India Sd./(SHARAN PAL SINGH) SECRETARY

To 1. The Chief Secretaries of all Stats and Union Territories 2. The Chief Electoral Officers of all States and Union Territories. STANDARD DISTRIBUTION

752

ITEM NO. 363 Election Commissioner’s Letter No.464/L&O/2004/PLN-I, dated 01.04.2004 addressed to the Union Home Secretary, Government of India, Ministry of Home Affairs, and the Chief Secretaries and Chief Electoral Officers of all the States and Union Territories. Sub: - Deployment of forces to ensure free, fair and peaceful conduct of ensuing general elections to Lok Sabha and State Assemblies. During the ensuing general elections to Lok Sabha and State Assemblies of four States, the State Governments will be deploying a large number of their existing police forces and these will be further augmented by induction and deployment of Central Para Military Forces (CPMFs) for ensuring free, fair and peaceful conduct of elections. The Commission has observed that there is a tendency amongst the States to keep the Central Police Forces as 'reserves' and thereby not actually deploying them on acme election related duties. This defeats the very purpose of augmenting the local forces with the CPMF resulting in sub-optimal benefits that this entire complex and difficult exercise ought to accrue. To ensure full and optimal utilization of the police forces including CPMFs and SAPFs from other States, the Commission directs that the following guidelines will be followed strictly in the matter of deployment of security forces for conduct of elections: 2.1

State Deployment Plan will be prepared taking into account the available forces

of the State Government, CPMFs/SAPFs and BWHGs which will be made available by the Ministry of Home Affairs. The details of these have already been sent to the State Governments by the Ministry of Home Affairs. 2.2

The State Deployment Plan will factor in the requirements of the different districts

based on District Deployment Plans which will be prepared by every district taking into account the forces being made available by the State Government to the district, the CPMFs and other forces being made available from the state pool to the district and the available forces with the district. 2.3

The State Deployment Plan will be prepared in consultation with the Chief

Electoral Officer of the State and his recommendations on the quantum of forces to be deployed to different constituencies shall merit serious consideration in the drawing of the plan. State Level Force Coordinator appointed by MHA will assist the CEO in this task.

753

2.4

The District Deployment Plan shall be formulated and finalized under the

Chairmanship of the District Magistrate ' District Election Officer. The Observer on his arrival to the district shall be consulted by the District Magistrate and Superintendent of Police and the views of the Observer will have to be incorporated in giving final shape to the District Deployment Plan. 2.5

Both the State Deployment Plan and District Deployment Plan would be

finalized at least one week before the day of poll. 2.6

In the District Deployment Plan it shall be ensured that all polling stations are

covered with adequate static duty reinforced by necessary mobile patrolling at the level of "zones" and '"sectors". Particular attention should be paid to deploying CPMFs in constituencies and the polling stations identified as very sensitive / hyper sensitive. 2.7

The deployment plan must spell out when and where the CPMFs are reaching

the State. 2.8

The central forces shall not be deployed as "reserves" at any level beyond a

reasonable limit. Wherever they are to be deployed as "reserves", they should be made available with suitable communication 'and mobility facilities for contingent deployment on short notice. 2.9

Most of central forces shall be deployed on 'active duty' which in the context of

elections would mean - (a) Static force outside sensitive polling stations, (b) Mobile patrolling duty with Sector Magistrate / Zonal Magistrate (c) Deployment of area pickets in sensitive / hypersensitive areas, (d) Quick Reaction Team (QRT) with Area Officers/Magistrates for a group of polling stations, and (e) Area domination duties as confidence building measure in vulnerable areas. 2.10

The central forces shall not be wasted by being deployed on static guard /

individual security duties. Any exception shall be approved by Election Observer for the district or CEO for inter-district duties. In a nutshell, CPMFs/SAPFs shall be optimally utilized by being deployed on active election related duties. 3.

The arrangements for security of contesting candidates, according to the

perception of threat to their lives should also be made and the contesting candidates provided with the security after an assessment of the threat. It is vital to note and follow

754

that security should not be provided in a routine manner but only after taking all factors into consideration. 4.

The Observers appointed by the Commission should also be provided with

adequate security. 5.

The Commission has directed that for guarding the strong rooms after the

completion of poll. Armed Police personnel shall be used. The Ministry of Home Affairs has been suitably addressed to keep the minimum compliment of CPMFs being deployed in :he State, as far as possible, for this purpose till the counting is complete and the results declared. 6.

The State Government must also ensure that adequate and fool-proof security

arrangements are made, both inside and around the counting centers as well to prevent incident that are likely to vitiate the counting process. For this purpose, it should be ensured mat adequate security forces should be present at all the counting centers. While making arrangements for security around the counting centers, there should be an outer security ring and an inner security in, each of the counting centers. Special care must be taken to ensure that crowds are not allowed to gather and are kept at a reasonable distance from the counting centers. 7.

Ministry of Home Affairs shall be appointing State coordinators for ensuring

optimal utilization of forces in consultation with the State Government. Such officers and other officers from MHA shall review the position on site to ensure effective application of these instructions. 8.

Ministry of Home Affairs shall get all Borders sealed at least one week in

advance to prevent any movement of anti-social elements crossing the borders to disrupt electioneering process. Similarly, in view of the phasing of elections, all State Governments shall seal inter-state borders well in advance to prevent infiltration of antisocial and disruptive elements entering neighbouring states where polls are being held. 9.

Any effort on the pan of the State Government to circumvent the directions of

the Commission will be viewed seriously.

755

ITEM NO. 364 Election Commissioner’s Fax Message No. 464/L&O/2004/PLN-I, dated 21.04.2004 addressed to the Chief Electoral Officers of all the States and Union-Territories. SUBJECT:

DEPLOYMENT OF CPMF

AS YOU ARE AWARE THAT SIZEABLE DEPOYMENT OF CPMF HAS BEEN MADE IN THE ENSUING GENERAL ELECTIONS TO THE LOK SABHA AND STATE ASSEMBLIES OF FOUR STATES (.) IN VIEW OF THE FACT THAT THE CPMF IS COMMITTED FOR MOVEMENT TO OTHER PARTS OF THE COUNTRY AS WELL AS FOR 1NTRA-STATE MOVEMENT, THE COMMISSION HAD SPECIFIED IN PARA 5 OF ITS LETTER OF EVEN NUMBER, DATED 1SI APRIL. 2004 THAT ARMED POLICE PERSONNEL SHALL BE USED FOR GUARDING THE STRONG ROOMS AFTER COMPLETION OF POLL (.) THE COMMISSION HAS ALSO DIRECTED THAT THE RETENTION OF CPMF SHOULD BE STRICTLY AS PER THE DIRECTIONS CONVEYED BY THE MINISTRY OF HOME AFFAIRS IN THIS REGARD AND ONLY WITH THEIR CONSENT ANY RETENTION OVER AND ABOVE THE STIPULATED NUMBERS SHOULD BE DONE (.) FURTHER, IN CASE ANY COMPONENT OF CPMF IS BEING RETAINED AFTER CONSENT OF MHA IN SENSITIVE DISTRICTS, SUCH CPMF SHOULD BE USED FOR GUARDING COUNTING CENTRES(.) THEREFORE, ALL STATES ARE ADVISED THAT THE STATE ARMED POLICE SHOULD BE USED FOR GUARDING OF STRONG ROOMS AND COUNTING CENTRES EXCEPT WHERE THE MINIMUM COMPLEMENT OF CPMF HAS BEEN ALLOWED TO BE RETAINED AFTER CONSENT OF MINISTRY OF HOME AFFAIRS (.) REGARDS (.)

756

ITEM NO. 365 Election Commission's letter No. PS/AK/2005, dated 05.09.2005. addressed to the Director General of Police, Bihar and copy to Chief Electoral Officers of Bihar Subject :

Deployment of Home Guards and Other Forces

The Commission has decided that no Police officer against whom an FIR has been registered on criminal grounds or against whom criminal case has been charged in the Court shall be deployed on election duty during the forthcoming General Elections to the Bihar Legislative Assembly.

Kindly ensure compliance to above instructions.

757

ITEM NO. 366 Election Commission's letter No. PS/AK/2005, dated 30.09.2005. addressed to the Chief Electoral Officer, Bihar Subject :

District Deployment Plan and the District Communication Plan to be brought to the notice of ROs, DEOs, SPs and Observers

The following points concerning the District Deployment Plan and the District Communication Plan may be brought to the notice of all ROs, DEOs, SPs and Observers so that they are squarely before them as they are in process of formulating these two plans: (i)

The deployment plan should be such that all polling booths are covered with effective static armed force and are backed up with proper mobile strike force. CPMF should be deployed on most sensitive booths followed by BMP and then DAP. In no circumstances CPMF shall be kept on reserve or used for any other purpose except with the prior approval of the CEO.

(ii)

The CPMF force will do area domination, flag marches, etc. in the district till poll day (–2) and will become static at polling booths assigned on day (–1) i.e. day prior to poll day.

(iii)

In Bihar it has been observed that polling party and static armed force party that are deployed to guard the polling booth move separately for reaching the assigned polling booth. During last election it was found that there was considerable lack of coordination between the two. The Commission has now decided that polling parties and the static armed force parties (to guard the polling booths) will merge at polling stations latest by 3.00 P.M. in naxal areas and 5.00 P.M. in non-naxal areas on the day prior to poll day.

(iv)

It will be the responsibility of the concerned District Magistrate and concerned Superintendent of Police to ensure that polling parties and static armed force party reach polling booths in time on the day prior to the poll day.

(v)

In Bihar, Patrolling/Sector Magistrate distribute EVMs in the morning of the poll day to 4 to 5 polling booths under their charge. They shall be instructed not to hand over EVMs to the polling parties if they find that static armed force party as per district deployment plan is not present at 758

the polling booth. The polling for such booths shall take place alongwith other repolls. (vi)

The Patrolling Magistrate should have the details of what kind of static force parties have been allocated to polling booths under his charge as per the district deployment plan.

(vii)

After handing over the EVMs to the polling booths, the Patrolling Magistrate must oscillate between all those booths throughout the day that are under their charge to monitor the polling process. They shall ensure that Presiding Officers fill up their diaries at regular intervals.

(viii) On reaching a booth under his charge, the Patrolling Magistrate must get down from his vehicle, enter the booth, oversee the polling process that is going on and record his observations in the Presiding Officer’s diary.

In

addition to his observations on the nature of polling, peaceful or otherwise, and any incident that might have taken place, he shall also record at every visit the number of electors who have cast their votes in that booth as per form 17A and as per EVM at the time of his visit. He must also ensure that no unauthorized persons are present in the booth. (ix)

As per instructions from the Commission regarding district communication plan a landline connection, public or private, should be tagged to each polling booth from which communications including complaints regarding that booth shall flow to the control room. Presiding Officer / Patrolling/Sector/Zonal

Magistrates

may

communicate

all

complaints/messages regarding the polling booth through this landline phone.

(x)

The Patrolling Magistrate, after visiting a booth each time, shall go to the designated telephone attached to that booth and convey his findings to the control room every time he visits the control room. If any complaint is received by him in respect of any polling booth under his charge, he shall enquire into the same and thereafter inform his findings to the district control room.

(xi)

The Patrolling Magistrates, therefore, shall move in a pre-determined manner from booth to booth and after inspection at every booth, shall communicate over phone to the district/sub-division/ thana control room the situation prevailing there before moving to the next polling station.

759

(xii)

Where there is three-tier system of Magistrates monitoring the poll process, namely, Patrolling Magistrate, Sector Magistrate and Zonal Magistrate, the Sector Magistrate also shall move in a pre-determined manner from booth to booth under his charge and record his observations in the Presiding Officer’s diary as has been contemplated for the Patrolling Magistrate.

The third tier of Magistrates, namely, Zonal

Magistrate shall function as strike force to be rushed to any place where there is information about considerable disruption of the poll process. (xiii)

In the district control room, a separate register shall be maintained for every assembly constituency in the district.

On the left hand page, the

complaints received in respect of the polling booths will be logged in and on the opposite page, the instructions issued to field and response received from the field level on these complaints will be recorded. Besides this, any information received from any of the inspecting officers in the control room in respect of polling booths covered by them are also to be logged into these registers. (xiv)

In respect of isolated booths located in jungle areas etc., it may be necessary to adopt some deviations from the standard methods adopted for the district deployment and district communication plans.

For every

such case, the deviations will have to be got ratified through CEO. (xv)

The randomization, deployment of polling parties and correct preparation of EVMs for the poll shall be the responsibility of the concerned District Collector and officials below him.

(xvi)

The responsibility regarding timely operation of EVMs on the day of poll shall lie with Presiding Officer, Patrolling Magistrate and Sector Magistrate.

(xvii)

The deployment of forces within the district and at the polling booths as per the district deployment plan shall be the responsibility of the concerned District Superintendent of Police and officers below him.

A copy of these instructions may be given to all ROs, DEOs, SPs and Observers immediately for strict compliance.

760

ITEM NO.367 Election Commission’s D.O. letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Deployment of CPMF

Following instructions for deployment of CPMF during the forthcoming elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry may kindly be communicated to all DMs / SPs / ROs immediately. A copy of these instructions may be brought to the notice of all Observers. 1.

CPMF shall be used during the pre-poll period for the purpose of area domination, conducting flag marches, confidence building among the electors and checking of border areas etc.

2.

The District Magistrates, Superintendents of Police shall finalise the sensitivity of polling stations giving the reasons in accordance with the instructions of the Commission.

This list shall be kept ready and finalized on arrival of the

observers after consulting them. 3.

CPMF parties shall become static a day prior to the poll at the polling stations assigned and merge with the polling parties either on the same day or next day morning i.e., day of poll.

4.

In rare cases small contingent of CPMF can be used for other purposes to be specified by the concerned DM/SP with prior permission of the concerned Deputy Election Commissioner.

5. The forces shall be deployed at the polling stations in the following order of sensitivity (from higher to lower) - CPMF followed by State Armed Police (SAP) followed by District Armed Police (DAP). 6. Under no circumstance, CPMF (including State Armed Police of other States) shall be kept as reserve or strike force. 7. At places requiring two sections of force, one section of CPMF and one section of SAP / DAP can be used to maximize the cover by CPMF. With kind regards,

761

ITEM NO.368 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

Kind

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Deployment of CPMF at the entrance of polling station to keep a watch on the proceedings that are going on inside the polling stations

attention

is

invited

to

the

instructions

issued

vide

letter

No.

464/INST/2005/PLN-I dated 22.01.2005 regarding deployment of CPMF personnel at the entrance of polling station to keep a watch on the proceedings that are going on inside the polling station. The Commission issues following further detailed instructions on the subject to obviate any discretion and ensure uniformity. The CPMF personnel, as per the existing practice, are deployed as static force outside the polling stations.

In pursuance to the directions given by the Hon’ble

Supreme Court in its order no.9228 of 2003 (Janak Singh Vs. Ram Das Rai and others) dated 11.01.2005, the Commission has desired that one CPMF Jawan from the CPMF party posted at the polling station will be stationed at the entrance of the polling station so that he can keep a watch on the proceedings that are going on inside the polling station, particularly, to ensure that no unauthorized person enters inside the polling station and / or no irregularity is committed either by the polling staff or outsiders in the poll process. The CPMF Jawan posted at the entrance of the polling stations shall keep a watch specifically on the following: (i)

No unauthorized person is present inside the polling station at any time during the poll.

(ii)

The polling party or the polling agents do not attempt to cast or cast any vote or votes when no voter is present inside the polling booth.

(iii)

No polling officer accompanies any voter to the voting compartment.

(iv)

No polling agent or polling officer threatens any voter or makes any gesture to threaten them.

(v)

No arms are carried inside the polling station.

(vi)

No silent rigging takes place. 762

If the CPMF Jawan posted at the entrance of the polling station discovers violation of the election process as above or observes something unusual going on inside the polling station, he shall not interfere in the poll process but report the same to the officer incharge of the CPMF party at polling station or observer.

The officer

incharge of CPMF party will in turn send this information to the Returning Officer and also Observer on the same day in writing for further necessary action. In the buildings which have more than one polling station and where only half a section of the CPMF personnel is deployed, the CPMF Jawan selected for duty at the entrance of the polling station may be asked to oscillate from one polling station to other and look at what is going inside these polling stations and report to the officer in charge of the CPMF part or observer, if something unusual is observed by him. The Returning Officers/Observer will report cases from where adverse reports are received from the CPMF parties for further instructions of the Commission. It is clarified that CPMF Jawans shall be posted at the entrance of only those polling stations where CPMF is deployed. It is further clarified that CPMF Jawan posted at the entrance of the Polling Station shall not verify the identity of electors coming into the polling stations to cast their votes as such verification is the duty of the polling personnel. All CPMF personnel may be suitably briefed about these instructions. Kindly forward these instructions to all the DEOs, R.Os, Observers, S.Ps and coordinating officers of CPMF for strict compliance. With kind regards,

763

ITEM NO.369 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Identification of hypersensitive and sensitive polling stations and verification of physical condition of polling stations.

During previous elections, lots of complaints were received regarding identification of hyper-sensitive/sensitive polling stations and requirement of Central Para Military Forces (CPMFs) in an arbitrary manner. Complaints were also received about the manner in which auxiliary polling stations were opened. The Commission had also received complaints regarding missing names and “Tola” (Hamlets) from correct polling stations. The Commission has noted these complaints seriously and issues following directions for strict compliance. (i)

All DEOs may be asked to identify the hyper-sensitive and sensitive polling stations immediately. Classification of hyper-sensitive/sensitive polling stations should be done on merit after consulting various political parties. The number of such polling stations should not be excessive. Classification of such polling stations should not be changed later arbitrarily.

(iI)

All DEOs may be asked to verify physical condition of all polling stations immediately and send proposals for change in only those cases where building is in dilapidated condition.

(iiI)

Wherever number of electors exceed 1200 or wherever there is a need felt for separate polling station for weaker sections, necessary proposal may be sent for creation of auxiliary polling stations. Auxiliary polling stations should be opened in the same building when number of electors cross 1200. In case, extra room is not available, a tent may be erected.

(iv)

If a person is found to have been enlisted in wrong polling station then an application in Form 8A may be obtained for transposition of entry or a fresh application in Form 6 may be obtained for addition in correct polling station and Form 7 for deletion from wrong polling station.

764

(v)

If an entire ‘tola’ (hamlet) is found missing from correct polling station and enlisted in wrong polling station, the problem may be sorted out by opening an auxiliary polling station. With kind regards,

765

ITEM NO.370 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject :

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry – Deployment of CPMF for protection of polled EVM strong rooms

The Commission has already issued instructions to augment the CPMF coverage to two platoons for the security of strong rooms where polled EVMs have been kept and also to provide one additional coy of CPMF for counting duty. 2.

At least, a two-tier cordoning system must be erected immediately for protection

of polled EVM strong rooms, where outer cordon is guarded by DAP/BMP and inner cordon is guarded by CPMF. For counting centres, security instructions issued earlier as per this office letter no.

464/INST/2005/PLN-I dated February 25, 2005 stand

reiterated. A copy of this letter is enclosed. 3.

All District Magistrates (DMs) and Superintendents of Police (SPs) shall

immediately review the security arrangements made for protection of strong rooms where polled EVMs have been kept and also the arrangements made for counting. 4.

It shall be the personal responsibility of the concerned DM and SP to protect the

strong rooms from any attack and also to make foolproof arrangements for counting. 5.

These instructions may be brought to the notice of all DMs and SPs immediately. With kind regards,

766

VIDEOGRAPHY OF CRITICAL EVENTS

767

ITEM NO. 371 Election Commission's letter No. 447/96/PLN-IV, dated 15-02-1996, addressed to the Chief Electoral Officers of All States and Union Territories. Subject: Elections - Videography to record critical events - Consolidated Instructions thereon I am directed to state that in supersession of the instructions contained in its Orders, No. 447/ ES009/94, dated 2nd September, 1994; No. 447/94 (MMS), dated 26th December, 1994 and No. 447/ ES009/95, dated 22nd April, 1995, on the subject cited above, the Commission hereby issues the following consolidated instructions. 2.In order to enable the Commission to have a true, faithful and contemporaneous record of the violations of the election law and the standing instructions of the Commission and to assess the impact of its corrective measures, the Returning Officer of each constituency shall make arrangements to record through videography critical events during the process of electioneering, including but not restricted to the period of public campaign, the day of poll, the transport and receipt of polled ballot boxes and other materials, counting of votes and the declaration of results in an independent intelligent and purposeful manner. 3.For this purpose, the Returning Officers may make use of video cameras and crew available with the Governmental or semi-Governmental agencies within their jurisdiction or hire local private professional videographers. 4.The Returning Officer shall, while programming the itinerary of the Video teams, take into account the number of electors, the size of the constituency, the number of sensitive polling stations, previous history of booth capturing and other malpractices, the general law and order situation, the likelihood of commission of corrupt practices and electoral offences and other related factors. 5.On the basis of his assessment, the Returning Officer should decide the number of video teams needed. The Commission has not prescribed any maximum or minimum number of video teams for an assembly/parliamentary constituency and has left it to the discretion of the Returning Officers on a correct appreciation of the factors mentioned in paragraph 4 above. 6.The Commission has issued the following instructions in the matter of selection of videographers and their deployment:6.1The private videographers to be hired shall be screened thoroughly as to their professional competence, track record, financial viability and other related factors. 6.2The videographers should not belong to any political party and should not be known sympathizers or supporters or close relatives of any of the contesting candidates or any of the leaders of any political party or should not have been hired by any political party or contesting candidate. 768

6.3The Returning Officer is required to provide tea, snacks food etc. to the videographers and they shall not be left to fend for themselves while on duty. It shall be ensured that the videographers DO NOT accept the hospitality of any contesting candidate or political party or their workers. 6.4Video teams should be under the personal supervision and guidance of a senior election related officer. 6.5As and when required the video teams may be asked to accompany the General/Election Expenditure Observers so that all critical events observed by them may also be videotaped. 6.6The videographers shall be impressed that the principle behind the scheme is to record and videotape critical events only which are likely to vitiate the poll and not to just videotape all events in a routine manner in order to fill the cassette. In the nature of guidelines, the Commission has issued the following DOs and Donts as guidelines for videography.

DO's 1.Meeting addressed/attended by Ministers, top national/State level leaders of recognized parties. 2.Riots or riotous situations or commotions brickbatting, free-for-all etc. 3.Violent incidents, damaging of property, looting, arson, brandishing of arms etc. 4.Booth capturing. 5.Intimidation of voters. 6.Open bribing of voters by distribution of sarees dhoties, blankets etc. 7.Canvassing within 100 metres of polling stations. 8.Vulgar display of expenditure like huge cut-outs etc. Dont's 1.Orderly queues outside polling stations. 2.A scene within a counting hall. 3.Door-to-Door canvassing. 4.Vehicles moving with mike sets fixed for canvassing. 5.

Scenes from public meetings addressed by local

leaders. Note: These are illustrative and not exhaustive 769

6.7 The Officer accompanying the team shall ensure that secrecy of the mission is maintained and video tapes do not pass into unauthorised hands and no portion is damaged or mutilated. 7.The video films thus prepared shall be viewed by the Returning Officer immediately to identify whether any of the organisers/speakers or other participants of the public meeting has committed any violations or infractions of statutory provisions and directions of the Commission or Model Code of Conduct relating to the conduct of elections. 8.In cases where the Returning Officer is himself competent, immediate corrective action including disciplinary action against all those found guilty shall be taken and the Commission informed of the same. 9.In cases of serious infringements, which the Returning Officer in his judgment decides to report to the Commission, the concerned video tape will be forwarded to the Commission by quickest means possible. The tapes will be carefully indexed and accompanied by a brief explanatory note of the infringement towards which the attention of the Commission is proposed to be invited. The explanatory note shall invariably mention the broad details of the violations, the persons responsible for the same and the action recommended. 10.While seeking the clearance of the Commission for taking up of the counting of the votes and declaration of the results, the Returning Officer must include a categorical statement to the effect that all infringements observed in the videographed events have been appropriately and completely disposed of. INSPECTION AND SUPPLY OF COPIES (Prints) OF VIDEO TAPES 11.Requests have been received from contesting candidates, office bearers of political parties and others interested for inspection and supply of copies (prints) of the video tapes produced in compliance with the above mentioned orders of the Commission. 12.The Commission considers it necessary to lay down some uniform guidelines and a standard procedure in this regard. 13.After careful consideration of all relevant factors, the Commission lays down the following procedure: 13.1Each and every video cassette produced in compliance with the orders of the Commission shall form a part of the record of the concerned election and stored as such with due precautions for its safety until it is weeded out with the prior written approval of the Commission and in the manner prescribed, as in the case of other records of the election. 13.2All such video cassettes will be in the custody of the District Election Officer concerned as in the case of all other election related records. 13.3Each and every video tape shall be indexed with a uniform code number in the following standard formulation: State/District/AC/Date of recording/Gist of event videographed 770

13.4 The locking seal of cassettes will be kept in tact and not broken, so that copying of the contents of cassette on another cassette does become impossible, but shall be covered by a tape before consigning the cassette for storage with a view to preventing accidental erasing of contents, editing, manipulation, etc. 13.5 In pursuance of rule 93(2) read with section 76 of the Indian Evidence Act, 1872 the Commission has issued the following directions13.5.1Inspection - (a) Every application for inspection of a videocassette shall be made in writing and should contain the full particulars concerning the cassette of which inspection is required, (b) an inspection of the cassette shall be allowed to any person applying for the same on payment of Rs. 25/- per hour of inspection or part thereof unless inspection is required to be made urgently in which case the fee shall be Rs. 50/- (c) Inspection on an ordinary application shall be allowed on the date following the date on which the application is made or on a subsequent day and inspection on an urgent application shall be made on the same day. 13.5.2Certified copy - (a) Certified print of the video cassette shall be given to any person applying for the same on payment of Rs. 25/- as application fee and the actual cost of copying as may be locally applicable. The application should establish the right of the applicant for inspection or for supply of certified copies-(prints) and for that purpose should clearly disclose that the applicant has a direct and tangible interest in the video cassette and the nature of such interest. (b) No fee shall be charged when inspection or certified copy(print) of a cassette is required for official purposes. To avoid removal of any footage of the cassette or damage or mutilation of the cassette, effective supervision by officials shall be ensured and simultaneous inspection by a large number of persons shall not be allowed. 13.6the video cassettes will be made available for inspection in the office of the District Election Officer or Chief Electoral Officer as the case may be; 13.7No guarantee for authenticity and veracity of the contents of the cassettes will be undertaken under any circumstances and these will be made available on as they are basis. 14.The contents of the letter may be brought to the notice of all political parties and contesting candidates at every election to the House of the People and to the State Legislative Assembly. 15.Kindly acknowledge receipt.

771

ITEM NO. 372 Election Commission's letter No. 447/98/PLN-IV dated 14.02.1998 addressed to CEO Uttar Pradesh, Lucknow. Subject: Election - Videography of queues outside the polling booths I am directed to refer to your letter No. 3237/CEO-2, dated 13-02-1998 on the subject cited and to state that in view of the reasons stated therein, the Commission has no objection to videograph the persons in queue on the date of poll outside polling stations, if the DEO/RO is satisfied that such Videography help in conduct of free and fair election.

772

ITEM NO. 373 Election Commission's letter No. 447/99/PLN-IV dated 01.04.1999 addressed to CEOs of all States and UTs, copy endorsed to zonal sections also. Subject: Videography to record critical events I am directed to invite your attention to the Commission's letter No. 447/96/PLNIV dated 15th February 1996 on the subject cited. The Commission has received requests from the chief Electoral Officers regarding guidelines to erase the videocassettes and to reuse them in future elections. The Commission has approved the proposal. In this connection attention is invited to the instructions contained in para 10 to 12 of Chapter XVIII of the Hand Book for Returning Officers (1998 reprint), which prescribes the manner for weeding out of the record of elections. It is requested that necessary action in the matter may be taken accordingly. However, cassettes in respect of the elections for which election petitions are pending will be retained till such time as these are disposed of. The receipt of the letter may please be acknowledged.

773

ITEM NO. 374 Election Commissioner’s Letter No. 447/2004/PLN IV, dated 02.04.2004 addressed to the Chief Electoral Officers of All States and Union Territories Subject: - General Elections to Lok Sabha Legislative Assemblies of the States of Andhra Pradesh, Karnataka, Orissa and Sikkim - Videography of critical events during election process-regarding. I am directed to invite your attention to the Commission's standing instructions contained in its letter No.447/96/PLN IV. dated 15.2.1996 and letter No.447/98/PLN IV. dated 4.2.1998 (copy enclosed) regarding videography of all important events of electioneering process like public campaigns, political meetings visit of the political leaders/ministers etc. and to request that the .instructions laid down in the above two letters may please be followed scrupulously during the forthcoming elections throughout the country.

In order to check the undue influence, threat etc. on the electors and breach of law and order, the videographers should keep a special watch on the candidates with dubious/criminal records as the same will have deterrent effect on them. Similarly they will be needed to pay particular attention on the sensitive/hypersensitive polling stations on the poll day. as the chances of violent incidents at these polling stations are generally very high.

The videographic clippings are required to be shown to one of the Observers available in the Constituency on a- daily basis to enable him to apprise the Commission of the situation prevailing in a particular constituency so that remedial measures, if any needed, can be taken promptly.

774

COPY ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No. 447/96/PLN-IV/515 to 546 15.02.1996

Dated

To The Chief Electoral Officers of All States and Union Territories. Subject: - Elections-Videography to record critical events-Consolidated instructionsthereon. I am directed to state that in super session of the instructions contained in its orders, No. 447/ES009/94, dated 2nd September, 1994; No. 447/94/(MMS), dated 26.12.94 and No. 447/ESOO/9/95, dated 22.4.95 on the subject cited above, the Commission hereby issues the following consolidated instructions. 2.

In order to enable the Commission to have a true, faithful and contemporaneous

record of the violations of the election law and the standing instructions of the Commission and to assess the impact of its corrective measures, the Returning Officer of each constituency shall make arrangements to record through Videography critical events during the process of electioneering, including but not restricted to the period of public campaign, the day of poll, the transport and receipt of polled ballot boxes and other materials, counting of votes and the declaration of results in an independent intelligent and purposeful manner. 3.

For this purpose, the Returning Officers may make use of video cameras and

crew available with the Governmental or semi-Governmental agencies within their jurisdiction or hire local private professional videographers. 4.

The Returning Officer shall, while programming the itinerary of the video teams,

take into account the number of electors, the size of the constituency, the number of sensitive polling stations, previous history of booth capturing and other malpractices, the general law and order situation, the likelihood of commission of corrupt practices and electoral offences and other related factors. 5.

On the basis of his assessment, the Returning Officer should decide the number

of video teams needed. The Commission has not prescribed any maximum or minimum 775

number of video teams for an assembly/parliamentary constituency and has left it to the direction of the Returning Officers on a correct appreciation of the factors mentioned in paragraph 4 above. 6.

The Commission has issued the following instructions in the matter of selection

of videographers and their deployment 6.1)

The private videographers to be hired shall be screened thoroughly as to their professional competence, track record, financial viability and other related factors.

6.2)

The videographers should not belong to any political party and should not be known sympathizers or supporters or close relatives of any of the contesting candidates or any of the leaders of any political party or should not have been hired by any political party or contesting candidate.

6.3)

The Returning Officer is required to provide tea, snacks food etc. to the videographers and they shall not be left to fend for themselves while on duty. It shall be ensured that the videographers do not accept the hospitality of any contesting candidate or political party or their workers.

6.4)

Video teams should be under the personal supervision and guidance of a senior election related officer.

6.5)

As and when required the video teams may be asked to accompany the General/Election Expenditure Observers so that all critical events observed by them may also be videotaped.

6.6)

The videographers shall be impressed that the principle behind the scheme is to record and videotape critical events only which are likely to vitiate the poll and not to just videotape all events in a routine manner in order to fill the cassette. In the nature of guidelines, the Commission has issued the following Dos and Donts as guidelines for Videography. DO's 1.Meeting addressed/attended by Ministers, top national/state level leaders of recognized parties. 2.Riots or riotous situations or commotions brickbatting, free for all etc. 776

3. Violent incidents, damaging of property, looting, arson, brandishing of arms etc. 4.Booth capturing. 5.Intimidation of voters 6.Open bribing of voters by distribution of Sarees Dhoties, Blankets etc. 7.Canvassing within 100 metres of polling stations. 8.Vulgar display of expenditure like huge cutouts etc. DONTs 1.Orderly queues outside polling stations. 2.Door to door canvassing. 3.Vehicles moving with mike sets fixed for canvassing. 4.Scenes from public meetings addressed by local leaders. Note: These are illustrative and not exhaustive. 6.7)

The Officer accompanying the team shall ensure that secrecy of the mission is maintained and video tapes do not pass into unauthorized hands and no potion is damaged or mutilated.

7.

The video films thus prepared shall be viewed by the Returning Officer

immediately to identify whether any of the organizers/speakers or other participants of the public meeting has committed any violations or infractions of statutory provisions and directions of the Commission or Model Code of Conduct relating to the conduct of elections. 8.

In cases where the Returning Officer is himself competent, immediate corrective

action including disciplinary action against all those found guilty shall be taken and the Commission informed of the same. 9.

In cases of serious infringements which the Returning Officers in his judgment

decides to report to the Commission, the concerned video tape will be forwarded to the Commission by quickest means possible. The tapes will be carefully indexed and accompanied by a brief explanatory note of the infringement towards which the attention of the Commission is proposed to be invited. The explanatory note shall invariably mention the broad details of the violations, the persons responsible for the same and the action recommended. 777

10.

While seeking the clearance of the Commission for taking up of the results, the

Returning Officer must include a categorical statement to the effect that all infringements observed in the videographed events have been appropriately and completely disposed of. INSPECTION AND SUPPLY OF COPIES (PRINTS) OF VIDEO TAPES 11.

Requests have been received from contesting candidates, office bearers of

political parties and others interested for inspection and supply of copies (prints) of the video tapes produced in compliance with the above mentioned orders of the Commission. 12.

The Commission considers it necessary to lay down some uniform guidelines and

a standard procedure in this regard. 13.

After careful consideration of all relevant factors, the Commission lays down the

following procedure: 13.1) Each and every video cassette produced in compliance with the orders of the Commission shall form a part of the record of the concerned election and stored as such with due precautions for its safety until it is weeded out with the prior written approval of the Commission and in the manner prescribed, as in the case of other records of the election. 13.22) All such video cassettes will be in the custody of the District Election Officer concerned as in the case of all other election related records. 13.3) Each and every video tape shall be indexed with a uniform code number in the following standard formulation: State/District/AC/Date of recording/Gist of event videographed. 13.4) The locking seal of cassettes will be kept in tact and not broken, so that copying of the contents of cassette on another cassette does become impossible, but shall be covered by a tape before consigning the cassette for storage with a view to preventing accidental erasing of contents, editing, manipulation, etc. 13.5) In pursuance of rule 93(2) read with section 76 of the Indian Evidence Act, 1872 the Commission has issued the following directions: 13.5.1) Inspection-(a) Every application for inspection of a video cassette shall be made in writing and should contain the full particulars concerning the cassette of which inspection is required, (b) An inspection of the cassette shall be allowed to any person applying for the same on payment of Rs. 25/- per hour of inspection or part thereof unless inspection is required to be made urgently in which case the fee shall be Rs. 50/(c) Inspection on an ordinary application shall be allowed on the date following the date on which the application is made or on a subsequent day and inspection on an urgent application shall be made on the same day. 778

13.5.2.) Certified Copy- (a) Certified print of the video cassette shall be given to any person applying for the same on payment of Rs. 25/- as application fee and the actual cost of copying as may be locally applicable. The application should establish the right of the applicant for inspection or for supply of certified copies (prints) and for that purpose should clearly disclose that the applicant has a direct and tangible interest in the video cassette and the nature of such interest. (b) No fee shall be charged when inspection or certified copy (print) of a cassette is required for official purposes. To avoid removal of any footage of the cassette or damage or mutilation of the cassette, effective supervision by officials shall be ensured and simultaneous inspection by a large number of persons shall not be allowed. 13.6) The video cassettes will be made available for inspection in the office of the District Election Officer or Chief Electoral Officer as the case may be; 13.7) No guarantee for authenticity and veracity of the contents of the cassettes will be undertaken under any circumstances and these will be made available on as they are basis. 14. The contents of the letter may be brought to the notice of all political parties and contesting candidates at every election to the House of the People and to the State Legislative Assembly. 16.Kindly acknowledge receipt. Yours faithfully, Sd./(K.P.G. KUTTY) SECRETARY

779

CONFTDENTTAL ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001 NO. 447/98/PLN-IV 1998

DATED 04-02-

To The Chief Electoral Officers of all States and Union Territories. Sub:

Lok Sabha Elections-Monitoring in hotly contested constituencies-Reg. As you are no doubt aware, certain special features are emerging in the current

Lok Sabha Elections regarding the nature of candidates as well as type of campaign that may take place in certain constituencies in the country. In certain constituencies due to participation of important leaders of various political parties, the campaign may get heated and there may be attempts to grossly violate the provisions of the Model Code of Conduct. Similarly, in some other constituencies," some of the candidates have a criminal background, though they do not attract the provisions of Section 8 of the Representation of the People Act, 1951, due to want of conviction, and the contest may be marred with some amount of violence. In still some other constituencies, some of the active campaigners for a particular candidate may be having a significant criminal record and may at the same time be holding political office. You would be having the necessary information in this regard. One of the mechanisms by which the Commission tones down the phenomena of breach of model code of conduct and curbs attempts at criminal intimidation in electioneering is through videography. Videography teams are available at the district level and are under the control of the Returning Officers. You should see that these teams are used effectively in a focused manner as there is cost involved in this exercise. However, apart from the videography teams available at the district level, the Commission has decided that the Chief Electoral Officers of major States shall have such additional video teams at their disposal, as may be considered appropriate by them. and deploy them with adequate security to cover, on an exclusive basis, the election campaign and activities of candidates and other prominent persons having a criminal track record. If necessary, the video teams mentioned above may be constituted

780

by the Chief Electoral Officers from outside the State. They can also be rotated within the State to provide the maximum impact and effectiveness. Yours faithfully, Sd./(C.R. BRAHMAM) SECRETARY

781

ITEM NO. 375 Election Commissioner’s Letter No. 447/2004/PLN-IV, dated 20.09.2004 addressed to the Chief Electoral Officers of the States of Arunachal Pradesh,. Assam, Andhra Pradesh, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Maharashtra, Manipur, Madhya Pradesh, Nagaland, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, West Bengal, NCT of Delhi, and Bihar. Subject: Videography during critical events- during elections- regarding. I am directed to invite your attention to the Commission's standing instructions contained in its letter No. 447/96/PLN IV dated 15.2.1996 and letter No. 447/98/PLN IV dated 4.2.1998 (Copy enclosed) regarding Videography of all important events of electioneering process like public campaigns, political meetings, visit of the political leaders/ministers etc. and to request that the instructions laid down in the above two letters may please be followed scrupulously during the forthcoming elections in your states.

In order to check the undue influence, threat etc. on the electors and breach of law and order, Videography should be done to keep a special watch on the candidates with dubious/criminal records as the same will have deterrent effect on them. Similarly this will be needed pay particular attention to the sensitive/hypersensitive polling stations on the poll day. as the chances of violent incidents at these polling stations are generally very high.

The Video clippings are required to be shown to one of the Observers available in the Constituency on a daily basis to enable him to apprise the Commission of the situation -revealing in a particular constituency so that remedial measures, if any needed, can be taken promptly.

782

ITEM NO. 376 Election Commissioner’s Letter No.464/INST/2005-PLN-I, dated 15.10.2005 addressed to the Chief Electoral Officer, Bihar (Please also see instructions dated 22.01.2005 & 18.02.2005 at item Nos.384 & 385 under the heading Miscellaneous) Subject:

General Election to the Legislative Assembly of Bihar Photography/videography of electors and poll proceedings inside the polling stations - Regarding.

I am directed to say that the Commission in compliance with the direction/suggestions of the Hon'ble Supreme Court contained in its judgment dated January 11, 2005 in Civil Appeal No.9228 of 2003 - (Janak Bingham Vs. Das Rai and Other) has decided the following: The Commission has already issued instruction for videography of critical events during the election process and videography at hyper sensitive polling stations on the day of poll to the extent possible.

Till now videography/photography of proceedings

inside the polling stations has not been permitted. In deference to the suggestion of the Hon'ble Supreme Court, the Commission directs that photography may now be carried inside the polling stations to photograph electors and cove poll proceedings without compromising the secrecy of voting. For such photography arrangements will be made by the respective District Election Officer (DEO) in consultation with the Chief Electoral Officer. The Commission understands that the State Govt. of Bihar has procured digital cameras for the purpose of EPIC.

The Commission approves deployment of these

cameras inside the polling booths. The photography by these digital cameras will first cover those polling stations where no CPMF party is deployed and if cameras are still available then they will be deployed (based on assessment of sensitivity done by District Election Officer in consultation with Observers) at those polling stations, where CPMF parties have been deployed.

In all polling stations, where digital

photography is being done, face of all electors coming to cast vote shall be captured in such sequence as they are entered and appear in Form 17-A, i.e., Register of Electors. The photographs of voters shall be taken immediately after an entry has been made in Form 17-A.

783

The District Election Officers will issue digital cameras to the trained officers selected for the purpose under proper receipt for covering the specified polling station. These officers will capture the photographs of electors as indicated above during the period of poll and at the end of poll shall issue a certificate that "I have captured photographs of all electors who voted at polling station number _____ on date ____ and total number of photographs in the camera are ____." After completion of poll the officer who did the photography shall deposit the camera alongwith the above certificate at a separate counter to be erected for the purpose at collection center. These officers will be given proper duty pass to enable them do photography inside the polling station. On receipt of such cameras District Election Officer shall make arrangements for downloading the photographs and their comparison. The results of photo matching will be used by the Returning Officers and Observers while making the recommendations for repoll. The downloaded data in respect of all polling stations will be kept by the DEOs in CDs for later use. The cameras will be cleared after downloading the photographs and their comparison for use in subsequent phases or elections as per the instructions issued by the Chief Electoral Officer in this respect. The training of personnel who will be engaged in digital potography inside the polling stations shall be arranged by the Chief Electoral Officer. The Chief Electoral Officer/District Election Officers will make sure that enough batteries are available for operation of cameras in remote areas. Please bring these instructions to the notice of all 2nd Polling Officers, all Presiding Officers, all AROs/ROs/DEOs/Observers/Candidates and political parties.

784

ITEM NO.377 Election Commission’s D.O. letter No.464/INST/2006/PLN-I, dated 17.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry Subject:

General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry - No photography or video recording by any person inside the polling stations, except by the persons authorized by the Commission in the interest of maintaining secrecy of vote.

It has been brought to the notice of the Commission that certain political functionaries, in the past, have violated the secrecy of vote at elections from Parliamentary and Assembly Constituencies either by displaying their vote to media or to other individuals accompanying them. This act on their part is a clear violation of not only the principle of secrecy of vote which is sacrosanct but also an infringement of statutory provisions of Section 132 A of the Representation of the People Act, 1951 and rules 39 and 49M of the Conduct of Election Rules, which provide for such votes not being allowed to be cast. The Commission has considered the issue and feels that secrecy of vote should be maintained at all costs.

Section 128 of the Representation of the People Act, 1951

also prescribes in this behalf that: “128. Maintenance of secrecy of voting - (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorized by or under any law) communicate to any person any information calculated to violate such secrecy. [Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council or States.] (2)

Any person who contravenes the provision of sub-section (1) shall be

punishable with imprisonment for a term which may extend to three months or with fine or with both.” The Commission has desired that the aforesaid provisions of Section 128 and 132A of the Representation of the People Act, 1951 and of rules 39 and 49M of the Conduct of 785

Election Rules should be brought to the notice of all Presiding Officers during their training for the forthcoming General Elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Pondicherry and they be asked to ensure that secrecy of vote is strictly maintained by each voter at the time of exercising his/her franchise. They must ensure that no additional person accompanies any elector at the time of his/her casting vote, in any case, except in the case of blind/infirm voters where they can take a companion to help them to cast their vote under Rule 49N of Conduct of Election Rule, 1961. The Commission, in the interest of maintaining secrecy of vote, has further decided that no photography or video recording by any person shall be allowed inside the polling stations, except by the persons authorized by the Commission. Any violation of these instructions will be viewed very seriously and concerned Presiding Officer will be held responsible for any lapse in this regard.

With kind regards,

786

DEFACEMENT OF PROPERTY

787

ITEM NO. 378 Election Commission's letter No.3/7/94/J.S.II, dated 05.01.1994 addressed to the Chief Secretaries to the Governments of all States (Except Jammu & Kashmir) and Union Territories. (Please also see instructions under Item Nos.379, 380, 381, 382, 383, 384 & 385) Subject: Prevention of Defacement of property The Commission has observed and has also received numerous complaints from the public to the effect that at the time of electioneering campaigns, workers of political parties and candidates indulge in defacement of walls of public and private buildings by pasting of election posters, writing of slogans, painting of election symbols, etc. All this is done without the permission of the owners of the buildings, much to their annoyance, which gives an ugly look not only to the buildings but also to the whole city. The helpless owners of the buildings are compelled either to tolerate this or to have the walls/ buildings white-washed/repainted at their own cost. 2.The Government should not play the role of a silent spectator to this undesirable act of the political parties, candidates, their workers supporters and sympathizers. The Commission has invited the attention of all the State Governments to this matter repeatedly and instructed them to take penal action against the parties/persons indulging in such undesirable activities. The Commission even suggested the enactment of special laws by the State Governments if the existing provisions of the law did not make adequate provisions for dealing with the menace effectively. Some of the State Governments have, in fact, enacted such special legislations. But the Commission is not aware of any action whatsoever having been taken by any State Government against any of the offenders indulging in such undesirable activities. 3.The Model Code of Conduct for the guidance of political parties and candidates also provides in Item (6) as follows:"No political party or candidate shall permit its or his followers to make use of any individual's land, building, compound, wall, etc., without his permission for erecting flag staff, suspending banners, pasting notices, writing slogans, etc." 4.The Commission is of the considered opinion that no political party/association/body or candidate or their workers, supporters or sympathizers has/have any right to deface or spoil any private or public building by pasting of their posters, writing of slogans, painting of their symbols, etc. 5.The Commission, therefore, hereby directs that, in future, if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such prosecutions should be launched under a special enactment, if any, as aforesaid, providing for prevention of defacement of property of under the general law for causing willful damage to the 788

property of others, as soon as any such act is observed or brought to the notice of the State Government authorities concerned. 6.THE COMMISSION FURTHER DIRECTS THAT ALL POLITICAL PARTIES/ASSOCIATIONS/BODIES/CANDIDATES WHO HAVE INDULGED IN THE DEFACEMENT OF PUBLIC OR PRIVATE PROPERTY BY PASTING/WRITING OF THEIR POSTER/SLOGANS/SYMBOLS ETC., DURING THE LAST GENERAL ELECTIONS TO THE LEGISLATIVE ASSEMBLIES OF DELHI, HIMACHAL PRADESH, MADHYA PRADESH, MIZORAM, RAJASTHAN AND UTTAR PRADESH HELD IN OCTOBER NOVEMBER, 1993, SHOULD BE REQUIRED FORTH WITH TO REMOVE THEIR POSTER/SLOGANS/ SYMBOLS AND GET THE DEFACED WALLS/BUILDING WHITEWASHED SO AS TO RESTORE THEM TO THE ORIGINAL POSITION. THIS SHOULD BE DONE BY THE PARTIES/ASSOCIATIONS/BODIES/CANDIDATE CONCERNED AT THEIR EXPENSE LATEST BY 31ST JANUARY, 1994 POSITIVELY. THOSE WHO FAIL TO DO THE NEEDFUL SHOULD BE PROSECUTED AND PROCEEDED AGAINST UNDER THE LAW. 7.The compliance report in this behalf from the Governments of Delhi, Himachal Pradesh, Madhya Pradesh, Mizoram, Rajasthan and Uttar Pradesh must be received by the Commission by 7th February, 1994. 8.The receipt of this letter should be positively acknowledged by 15-011994 by all State Governments/Union Territories administrations.

789

ITEM NO. 379 Election Commission's letter No. 3/7/94/J.S.II dated 28.01.1994, addressed to the Chief Secretaries of the Governments of all States (except Jammu & Kashmir) and Union Territories. Sub: Prevention of defacement of property Instructions/Clarifications I am directed to invite your attention to the commission's circular letter of even number, dated 5th January, 1994, on the above subject, in which it has been directed that if any political party/association/ body or candidate or their workers, supporters or sympathizers indulge in defacement of private and public building by pasting of posters, writing of slogans, painting of symbols, etc., during electioneering campaigns without the written permission of the owner of the building, proceedings for prosecuting the said person/organizations/body etc., should be launched under the law. 2.It is hereby clarified that the expression "public building" shall include, but not restricted to, Public Properties like the Sign boards, indication road directions on the high way or on important intersection of roads, milestones on the highway, precautionary notice boards at the railway level crossings, name boards of the railways platforms, bus terminus or any other notice sign boards displayed for convenience of the general public, prosecutions should also be launched against those who indulge in defacing the above public property for electioneering campaigns, as directed in the Commission's letter, date 5.1.1994. 3.The receipt of this letter may be acknowledged immediately.

790

ITEM NO. 380 Election Commission's Order No. 3/7/94/J .S.I I/Vol. II, dated 30.03.1994 ORDER Subject: Prevention of Defacement of Property The Commission vide its letter No.3/7/94/J.S.II dated 5th January, 1994 addressed to all the Chief Secretaries of all States and Union Territories on the aforementioned subject had, inter alia, drawn attention to item I (iv) of the Model Code of Conduct for the guidance of political parties and candidates which states as follows: "No political party or candidate shall permit its or his followers to make use of any individual's land, building, compound, wall etc., without his permission for erecting flags, staffs, suspending banners, pasting notice, writing slogans, etc." 2.The Commission further directed that, in future, if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such prosecutions should be launched under the special enactment, if any, in force in the State providing for prevention of defacement of property or under the general law for causing willful damage to the property of others, as soon as any such act is observed or brought to the notice of the State Government authorities concerned. 3.In connection with bye-elections to the seven Parliamentary Constituencies and thirteen Assembly Constituencies the poll for which is scheduled to be taken on 26th May, 1994, the Commission in furtherance of its aforementioned directions, has directed that the District Magistrates/Collectors/Deputy Commissioners shall conduct/cause to be conducted spot inspections in the constituencies in which elections have been announced with special regard to defacement of walls or public and private buildings by pasting of election posters, writing of slogans, painting of election symbols etc., prior to the notification of the bye-election in the concerned constituencies. On such inspection, if they find any defacement, they shall ascertain or cause to be ascertained whether these defacements have the specific permission of the owners/ occupiers of the buildings. Wherever there is no such permission, action to remove the defacement in terms of the Commissions directives dated 5th January, 1994 shall be taken forthwith. Where necessary, prosecution should also be launched against the persons concerned who are responsible for such defacements. 4.The Commission further directs that if at any time later it is established that any candidate belonging to any political party has made use of any land, building, compound wall, etc. whether private or public without permission of the owners/occupiers resulting in defacement, the Commission shall take all action as appropriate, including but not restricted to action against the political party concerned.

791

5.The Chief Secretaries shall bring the contents of the fresh order to the notice of all the District Magistrates/Collectors/Deputy Commissioners concerned for immediate compliance and report by 1700 hours on 20.04.1994.

792

ITEM NO. 381 Election Commission's letter No.3/7/94/J.S.II/Vol.IV dated 16.05.1994 addressed to (1) The Chief secretaries of all State and Union Territories and (2) The Chief Electoral Officers of all States and Union Territories. Subject: Prevention of defacement of property I am directed to state that the Commission, vide its letter No.3/7/94/J.S.II, dated 5th January, 1994 addressed to the Chief Secretaries of all States and Union Territories, on the above mentioned subject, had directed that all political parties/Association/Bodies/Candidates who had indulged in the defacement of public or private property by pasting/writing of their posters/slogans/symbols, etc., during the last general elections to the Legislative Assemblies of Delhi, Himachal Pradesh, Madhya Pradesh, Mizoram, Rajasthan and Uttar Pradesh in October November, 1993, should be required forthwith to remove their posters/ slogans/symbols and get the defaced walls/buildings white-washed so as to restore them to the original position. The Commission further directed that this should be done by the Parties/ Associations/ Bodies/ Candidates concerned at their own expense. 2.In connection with the bye-elections/countermanded elections to the House of the People and certain State Legislative Assemblies from seven Parliamentary Constituencies and seventeen Assembly constituencies the poll for which is scheduled to be taken on 26th May, 1994, the Commission, in furtherance of its above mentioned direction has directed in its Order No. 3/7/94/J.S.II/Vol II, dated 30th March, 1994, that the District Magistrates/Collectors/Deputy Commissioners shall conduct/cause to be conducted spot inspections in the constituencies in which elections are in progress with special regard to defacement of walls of public and private buildings by pasting of election posters, writing of slogans, painting of election symbols etc., prior to the notification(s) of the said bye-elections/countermanded elections in the concerned constituencies. On such inspection, if it is found that specific permission of the owners/occupiers of the buildings has not been obtained, action to remove the defacement in terms of the Commission's directives, dated 5th January, 1994 shall be taken forthwith. 3.It has come to the notice of the Commission that in several cases walls, etc, are being cleaned of election writing not by the parties, candidates etc., but by the Govt. Authority at the cost of the public exchequer. This is totally against the directions of the Commission and is totally unacceptable. The Commission hereby directs that wherever the removal of defacement of property has been/is being carried out by the authorities of the State Government, the expenditure incurred thereon should be recovered by the State Government from the parties/candidates, etc., concerned. 4.The above mentioned direction of the Commission shall be brought to the notice of all concerned authorities of the State Government for information and necessary compliance. 793

The receipt of this letter be acknowledged immediately.

794

ITEM NO. 382 Election Commission's Order No. 3/7/(ES 022)/94/J.S.II/Vol. IV dated – 26.09.1994, addressed to (1) The Chief Secretaries and (2) Chief Electoral Officers of - (1) Andhra Pradesh, Hyderabad (2) Arunachal Pradesh, Itnagar (3) Bihar, Patna (4) Goa, Panaji (5) Gujarat, Gandhinagar (6) Karnataka, Bangalore (7) Maharashtra, Mumbai (8) Manipur, Imphal (9) Orissa, Bhubaneswar (10) Sikkim, Gangtok

Subject: Prevention of defacement of property during the ensuing general election to the Legislative Assembly - regarding The Commission vide its letter No. 3/7/94/J.S.II, dated 5th January, 1994 , addressed to the Chief Secretaries of all States and Union Territories, on the aforementioned subject, had, inter alia, observed that no political party/association/body or candidate or their workers, supporters or sympathizers had any right to deface or spoil any private or public building by pasting of their posters, writing of slogans, painting of symbols, erecting flag staffs, suspending banners, etc. 2.The Commission had directed that, in future, if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such proceedings were directed to be launched under the special enactment, if any, in force in the State providing for prevention of defacement of property or under the general law for causing willful damage to the property of others, as soon as any such act was observed or brought to the notice of the State Government authorities concerned. 3.The Commission vide its circular letter No. 3/7/94/J.S.II, date 11.7.1994 (copy enclosed) further clarified that such acts of defacement indulged in by political parties, even during non-election period also, called for action, just as in the case of defacement during election period, as the relevant laws are applicable at all times and not only during election times. It was also pointed out that if such acts go unpunished during non-election period, the removal of such defacement at time of elections and prevention of further defacement during election period would be extremely difficult. 4.It is reiterated that the above referred directions of the Commission should be scrupulously implemented and strictly enforced by all concerned authorities to check the undesirable activities of defacing privates and/or public properties by pasting posters, writing slogans, painting symbols, etc. in connection with the ensuing general election in your State. 5.The Commission again directs hereby that if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such prosecutions should be 795

launched under the special enactment, if any, as aforesaid, providing for prevention of defacement of property or under the general law for causing willful damage to the property of others, as soon as any such act is observed or brought to the notice of the State Government authorities concerned. 6.As already clarified to some of the States in the Commission's message No. 3/7/94J.S.II, dated 7.3.1994 (copy enclosed), where no specific law has been enacted for prevention of defacement of property, penal action may be taken under the general law, for example, Sections 425, 426, 427, 433, etc., of the Indian Penal Code, Section 133 of the Criminal Procedure Code, 1973. 7.Any violation of the above directions or any non-compliance with the same or any laxity on the part of any authority in the strict implementation thereof shall be viewed with serious concern and will be visited with grave consequences. 8.A copy of this order in English/Hindi and the local official language(s) should be made available to all recognized political parties in the State and also to their local units in each district immediately, and to each candidate or his agent authorized by him at the time of filing nomination (repeat filing nomination and not scrutiny of nominations) under acknowledgment. 9.The receipt of this order should be acknowledged immediately.

796

Annexure Commission's letter number 3/7/94/J.S.II Dated-1 1.7.1994 addressed to the Chief Secretary/CEOs of all States/UTs Subject: Prevention of defacement of property - regarding I am directed to say that the Commission, in its letter of even number, dated 5th January, 1994, has directed that in future, if any-one indulges in defacement of walls of public or private buildings without the permission of the owner of the building, by pasting of election posters, writing of slogans, election symbols, etc., the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. 2.A doubt has been raised in some quarters as to whether such defacements by pasting of posters and writing slogans on walls, etc., during non-election period is also to be proceeded against. 3.It is hereby clarified that such acts of defacement, when indulged in by political parties even during non-election period also, call for action, just as in the case of defacement during election period, as the relevant laws are applicable at all times and not only during election times. The political parties have a social obligation to discharge and a failure in this regard even at times outside the election period calls for immediate action. Further, if such acts go unpunished during non-election period, the removal of such defacements at the time of election and prevention of further defacements during election period would be extremely difficult. 4.The Chief secretaries and Chief Electoral Officers are hereby directed to ensure that as soon as such cases of defacement of property are observed/brought to their notice, immediate action should be taken against the defaulters. 5.Kindly acknowledge receipt of this letter.

797

Annexure Commission's message number 3/7/94/J.S.II/2448-56 dated-7/3/1994 addressed to the Chief secretary/ CEOs of Himachal Pradesh, Manipur, Rajasthan and Uttar Pradesh

Subject: Prevention of Defacement of Property REFER CORRESPONDENCE REGARDING COMMISSION'S DIRECTIONS FOR PREVENTION OF DEFACEMENT OF PROPERTY (.) IT HAS BEEN OBSERVED FROM REPORTS RECEIVED FROM YOU THAT PROGRESS MADE IN IMPLEMENTATION OF THE COMMISSION'S DIRECTIVES ON THE ABOVE SUBJECT IS VERY PATHETIC (.) COMMISSION HAS TAKEN A VERY SERIOUS VIEW OF THE MATTER (.) COMMISSION SHOULD BE INFORMED POSITIVELY BY 15-03-1994 THE NAMES OF ALL CANDIDATES SHOWING THEIR PARTY AFFILIATIONS WHO HAVE FAILED TO CARRY OUT THE ABOVE DIRECTIONS OF THE COMMISSION SO THAT COMMISSION CAN TAKE APPROPRIATE ACTION(.) COMMISSION FURTHER DIRECTS THAT PROSECUTIONS SHOULD BE LAUNCHED BY 21-03-1994 POSITIVELY AGAINST ALL SUCH DEFAULTING CANDIDATES/PARTIES AS ALREADY INSTRUCTED IN THE COMMISSION'S LETTER OF EVEN NUMBER DATED 05-01-1994 SUCH PROSECUTIONS SHOULD BE LAUNCHED UNDER THE SPECIAL ENACTMENT IF ANY SUCH ENACTMENT HAS BEEN PASSED IN THE STATE PROVIDING FOR PREVENTION OF DEFACEMENT OF PROPERTY (.) WHERE NO SUCH SPECIFIC LAW HAS BEEN ENACTED (,) PENAL ACTION MAY BE TAKEN UNDER THE GENERAL LAW (,) FOR EXAMPLE (,) SECTIONS 425,426,427, 433 ETC., OF THE INDIAN PENAL CODE (,) SECTION 133 OF THE CRIMINAL PROCEDURE CODE (,) 1973(.) THE RECEIPT OF THIS MESSAGE BE ACKNOWLEDGED BY RETURN FAX (.)

798

ITEM NO. 383 Election Commission’s letter No. 3/7/2004/JS II, dated 09.03.2004 addressed to the Chief Electoral Officers of All States (except State of Jammu & Kashmir) and Union Territories. Subject: - Regarding Prevention of Defacement of property. I am directed to reiterate the instructions of the Commission contained in its Circular No. 3/7/94/JS II, dated 05.01.1994 (reproduced at page nos. 223-224 in the Compendium of Instructions on Conduct of Elections 1998 edition) regarding prevention of defacement of Government and Private properties. In the said instructions, the Commission has directed that no political party/association/body or candidates or their workers, supporters or sympathizers has/have any right to deface or spoil any private or public building by pasting their posters, writing of slogans, painting of symbols, etc. The Commission has also directed that if any one indulges in such undesirable activities, whether private or public, the political party/association/ body/candidate/person concerned should be prosecuted and proceeded against under the law. The above said instructions of the Commission may be brought to the notice of the authorities concerned for strict compliance. For C.E.O. of Tamil Nadu - [A copy of the complaint received from The Sattur Chamber of Commerce & Industries' is also forwarded herewith to Chief Electoral Officer of Tamil Nadu for necessary action.]

799

ITEM NO. 384 Election Commission’s letter No. 3/7/2005/JS-II, dated 08.07.2005 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Election campaign by political parties and candidates- Prevention of defacement of property - Instructions. I am directed to say that instructions have been issued from time to time on the subject of defacement of property in connection with election campaigning by political parties, candidates, other organizations, individuals, etc. 2.

The Commission has noted that many of the States have enacted

Prevention of Defacement Act to deal with the issue of defacement of public and private property. While the law in some States prohibits defacement of public and private property, in some States there are certain exceptions with regard to private property. 3.

After considering all aspects of the matter, the Commission has

directed that, in supersession of the earlier instructions regarding defacement of property in connection with election campaigning, the following instructions shall be followed, subject to Court orders, if any. in force in any of the areas, on this subject: PUBLIC PLACES (a)

No wall writing, pasting of posters/papers or defacement in any other form, or erecting/displaying of cut-outs, hoardings, banners etc. shall be permitted on any public property/public premises.

(b)

However, if the local laws permit or provide for writing of slogans, displaying posters, etc., or erecting cut-outs, hoardings, banners, etc. in any place specifically identified for such purposes, on payment or otherwise, this may be allowed strictly in accordance with the relevant provisions of the law. It should be ensured that such place is not dominated/monopolized by any particular party(ies) or candidate(s). All parties and candidates should be provided equal opportunity in this regard, (c)

Further, the space provided for this purpose should not

be expanded or reduced after announcement of any election. 800

PRIVATE PLACES (a) If

the

local

laws

do

not

permit

wall

writing,

pasting

of

posters,

hoardings/banners/cutouts, etc. on private places, the same shall not be permitted even with the consent of the owner of the property, subject to court orders, if any, in force in the area concerned or in respect of any particular property. (b) Subject to any restrictions under any local laws, the political parties, candidates, their agents, workers and supporters may hoist their party flags/flags showing their election symbols on their own property, provided they do so on their own volition, voluntarily and without any pressure from any party, organization or person. (c) Subject to any local laws, party flags/flags showing their election symbols shall not be hoisted on vehicles, other than vehicles actually deployed on election campaign for which necessary intimation had been given to the District Election Officer concerned as per the Commission's instructions contained in its circular No. 437'6/97-PLX-III, dated 18.3.1997 addressed to all Chief Electoral Officers (reproduced at item no. 131 of Compendium of Instructions on Conduct of Elections. 2004). 4.

The above directions of the Commission may be brought to the notice of

the District Election Officers. Returning Officers and all other election related authorities, and all political parties in your State, including State units of recognised National and State parties, for information and compliance. The receipt of this letter may please be acknowledged.

801

ITEM NO. 385 Election Commission's letter No.3/7/2005/JS.II, dated 02.09.2005 addressed to the Chief Electoral Officers of Haryana, West Bengal and Uttaranchal Subject: Election Campaign by political parties and candidates - Prevention of defacement of property - Instructions I am directed to invite a reference to the Commission's letter of even number dated 8th July, 2005 on the subject cited and to state that the following instructions shall also be followed, subject to court orders, if any, in force in any of the areas, on this subject, in addition to the instructions contained in the Commission's aforementioned letter in the ensuing bye-elections to the House of the People and State Legislative Assemblies:(a)

Where the local laws permit wall writings and pasting of posters etc. on private premises with the owner's permission, the contesting candidates or the political parties concerned shall obtain written permission from the owner of the property and submit photocopies of the same to the Returning Officer or an officer designated by him for the purpose, together with a statement in the enclosed proforma showing therein the name and address of the owner of the property from whom such permission has been obtained together with expenditure incurred or likely to be incurred by him for the purpose. Such information shall be furnished by the contesting candidate village/locality/town-wise, to the Returning Officer, or the authorized officer within 3 days of obtaining the requisite permission, for easy checking by the Returning Officer or expenditure observer or any officer connected with the conduct of elections.

(b)

Similarly, in the case of pasting of posters, putting up hoardings, banners etc. candidates shall furnish the requisite information to the Returning Officer or the designated officer, as per the procedure prescribed above for wallwritings.

The above directions of the Commission may be brought to the notice of the District Election Officers, Returning Officers and all other election related authorities and all political parties in your State and also to the contesting candidates for strict compliance. The receipt of this letter may please be acknowledged.

802

Statement showing the details of wall-writings / posters / hoardings / banners, etc. displayed by Shri / Smt. / Ms. ______________________________, contesting candidate in _______________ Parliamentary Constituency / Assembly Constituency

Name of the Village / Town _____________________________ S.No .

Name and address of the owner of the private property from whom written permission has been obtained

Whether Wall - Painting or Hoardings or Banners or Poster (Size of wall writing / hoarding / banner / poster shall be indicated

Total

803

Expenditure incurred or likely to be incurred on the wall-writing / hoarding / banner / posters, etc. (Rs.)

MEDIA

804

ITEM NO. 386 Election Commission's order 491/96/MCS dated 27.03.1996 addressed to Chief Secretary/ CEOs of all States/UTs, Principal Information Officer, M/o I&B.New Delhi ,The Secretary General, Lok Sabha, New Delhi, The Secretary General Rajya Sabha, New Delhi. The Secretary to the Govt. of India, Ministry of Information & Broadcasting, New Delhi, The Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi, The Secretary to the Govt. of India, Ministry of Law, Justice & Company Affairs, Legislative Department, New Delhi, and Secretaries, Information & Public Relations of all State/Union Territory Governments and Directors of Information & Public Relations all State/Union Territory Governments. ORDER Subject: Facilities to be provided to media persons for coverage of process of election In partial modification of commission's order of even no., dated 14.12.94 the following order is issued. I. Elections are an important event of mass participation in public affairs and the Election Commission attaches the greatest importance to the Conduct of elections with as much transparency as practicable. The following guidelines for media coverage of elections have been framed to make this possible and to provide every reasonable facility to the media to provide adequate and effective coverage of the election process however without impinging adversely on the rules for the elections and the rights of the electorate. Issue of Authority Letters 1. Rule 32 of the Conduct of Election Rules, 1961, which regulates the entry into polling stations is reproduced below for facility of ready reference:"32. Admission to polling stations - The Presiding Officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude there from all persons other than: (a)Polling officers; (b)Public Servants on duty in connection with election; (c)Persons authorized by the Election Commission; (d)Candidates, their election agents and subject to the provisions of rule 13, one polling agent of each candidate; (e)A child in arms accompanying an elector.

805

(f)A persons accompanying a blind or infirm elector who cannot move without help; and (g)Such other persons as the Returning Officer or the Presiding Officer may employ under Sub-rule (2) of Rule 34 of Sub-Rule 35." 2. Entry to any place fixed for counting of votes is governed by the provisions of rule 53(1) of the Conduct of Elections Rules, 1961, which is reproduced below: "53. Admission to the place fixed for counting - The Returning Officer shall exclude from the place fixed for counting of votes all persons except:(a)Such persons (to be known as counting Supervisors and counting assistants) as he may appoint to assist him in the counting; (b)persons authorized by the Election Commission; (c)Public servants on duty in connection with the election; and (d)candidates, their election agents and counting agents. 3.

above rules apply to elections to the

(1)Council of State, (2)House of the People, (3)State Legislative Councils and (4)State Legislative Assemblies. 4. In the case of Presidential and Vice-Presidential Elections, the corresponding rules are rule 13 and rule 28 of the "Presidential and VicePresidential Elections Rules, 1974" which are reproduced below:"13. Admission to place of polling - The Presiding Officer shall exclude, from the place of polling all persons except: (a)the polling officers and other public servants on duty; (b)the candidates, and one representative authorised in writing by each candidate; (c)the electors; (d)persons authorised by the Election Commission; (e)such other persons as the Presiding Officer may from time to time admit for the purpose of assisting him in taking the poll." "28.

Admission to the place fixed for counting.

The Returning Officer shall exclude from the place fixed for counting of notes every single persons except. (a)such persons as he my appoint to assist him in the counting; 806

(b)the candidates and one representative at a time authorised in writing by each candidate; (c)public servants on duty in connection with the election; and (d)persons authorised by the Election Commission." 5.Subject to the powers of the authorities competent to impose any restriction in pursuit of the maintenance of law and order, the permission of the Election Commission is not needed by any person, including media persons, for visiting and moving around in any constituency where election is being held and every person is free to observe the elections. Entry into the polling stations and counting centres is however fully regulated by the statutory provisions mentioned above. 6.No one can enter into any polling station or a counting centre as a matter of right except to the extent mentioned in the above quoted rules. 7.In addition to the persons directly connected with poll and counting, such persons as are specifically authorised by the Election Commission can alone enter the polling stations and counting centres. The exclusive power of the Election Commission to issue entry passes to persons including media persons, also includes the power to refuse an entry pass to any person if in the Commission's opinion, there are sufficient reasons to do so. 8.The subject of laying down standard guidelines for the facilities to be made available to media persons interested in covering the process of an election conducted under superintendence, direction and control of the Commission, has been engaging the attention of the Commission. The Commission has reviewed past experience in this regard and the requirement to address the concerns of the media for being able to cover the election process. 9.After a careful consideration of all relevant factors and in suppression of all earlier instructions in this regard, the following guidelines are laid down to be strictly and uniformly observed hereafter at all elections to the council of State, House of the People, State Legislative Assemblies and State Legislative Councils. 10.As soon as practicable, after the announcement of general elections/byeelections/ biennial elections, the Commission will issue a letter or message to the Sponsoring Authorities which will include (1) Principal Information Officer for media persons accredited by PIB at national level and (2) the Director Information and Public relations (or equivalent officer) of the respective states including the National Capital Territory of Delhi and to the Chief Electoral Officers of the State/Union Territories concerned for obtaining and forwarding, with specific recommendations, requests received from media persons for issue of Authority Letters for entry into polling stations and counting centres within a specified time limit. The sponsoring authorities will sponsor only names of those media persons, about whose identity as a genuine media person they are satisfied. The total number of media persons recommended for issue of authority letters will be within reasonable numbers. 807

10.1 The Commission will prescribe in the case of each election a deadline for the receipt in the Commission's office of the duly sponsored requests for authority letters from the sponsoring authorities/CEOs which will be fixed after taking into account the date of poll/counting with a view to timely decision on such requests to reach the PIO and CEOs for preparation and dispatch of authority letters to the media persons. The deadline to receive the dully sponsored requests shall not be later than 15 days prior to the date of poll. 10.2It will be for the sponsoring authorities/CEOs to inform all media persons about the deadline fixed by the Commission in each case and to ensure that their recommendations reach the Commission within the deadline. Any request received after the deadline will be considered only in the exceptional cases of acts of God, death or illness etc. on the recommendation of the sponsoring authority concerned who should be personally satisfied about the genuineness and difficulty and set out to the Commission before making such recommendations. Such recommendations should be given only in exceptional cases. 10.3In respect of media persons in Delhi, for those accredited to the PIB, written requests for authority letters should be sponsored by the Principal Information Officer and a consolidated list sent by the Principal Information Officer to the Commission directly and within the stipulated time limit referred to in para 10.2. For other mediapersons at Delhi accredited by the State Doctorate of Information & Public Relations but not accredited by PIB, similar recommendations will be made by the said Director to the Commission within the stipulated date, in consultation with CEO Delhi. 10.4In the case of media persons outside Delhi, their requests should be duly scrutinized and sponsored by the Directorate of Information and Public Relations or equivalent (by whatever name known in a State/Union Territory) and should be forwarded to the Chief Electoral Officer who after such consultation with the State Directors, I&PR concerned as may be needed forward consolidated list to the Election Commission within the stipulated time referred to in Para 10.2. 10.5In addition to accredited correspondents other genuine media persons can also be sponsored for issue of authority letters. It is up to the PIO and concerned state departments of I&PR to scrutinize and sponsor names of such media persons and to lay down appropriate policies including providing temporary or casual accreditation, even for the limited period of the covering the election process. Election Commission will, however consider only such cases as are duly recommended by the concerned sponsoring authority. 10.6No piece-meal requests from the sponsoring authorities/Chief Electoral Officers will be entertained. 10.7Each applicants should give full particulars including his name, designation, news agency/ newspapers/periodical/electronic media channel which the applicant represents and the name(s) of the State/constituency (ies) he wants to cover. There will be no restriction on the number of constituencies which an applicant may like to cover. For 808

electronic media team with more than one person each individual member will need a separate authority letter. 10.8Under no circumstances will any omnibus authority letter be issued by the Commission. The sponsoring authority and the Chief Electoral Officers/ State Information Departments should meticulously screen all the requests received and their recommendations should be within reasonable numbers keeping in mind all relevant factors. 10.9The Commission will normally not entertain any requests directly from any person agency for media/news coverage. 11.It is for the sponsoring authority/Chief Electoral Officers through the State Information Departments, to give wide publicity in the procedure to be followed for obtaining authority letters and ensuring that the recommendations are sent to the Commission well in time. 12.Machine numbered/security printed authority letters as per requirement of each State and Union Territory will be sent to the Chief Electoral Officer concerned in advance, after noting down the serial numbers thereof in a register. Press Information Officer and Chief Electoral Officer of concerned State in consultation with State Directorate of Information and Public Relations will sponsor names of media persons for issue of authority letters to the Commission within the deadline prescribed. Specific written approval of the Election Commission to the list of persons to whom the authority letters are to be issued shall be intimated to the Chief Electoral Officer of the State/ Union Territory concerned with the direction that he should fill up particulars in the authority letter. The Chief Electoral Officer will be authorised to sign the authority letters on behalf of the Commission. They will sign each such authority letters in their own hand (no facsimile or rubber stamps shall be used) as per the approved list and hand over the same to the person concerned. They shall also maintain a list in a register in which they should note down the particular of the person and the serial numbers of the authority letter issued. The names on the approved list are not, repeat not, locally transferable to another person. 12.1 The Returning Officer, the Presiding Officers and any other election related officials have absolute right and responsibility to keep persons without such authority letters away from the place of polling/counting. 13.Authority letters issued will be subject to the conditions imposed by the Commission as are mentioned on the authority letters. Any violation of such condition will automatically invalidate the authority letter. 14.As for coverage of actual polling inside the polling stations media persons with authority letters can be allowed enter inside the polling station by the Presiding Officers after verification of such authority letters. However, they will be allowed inside in very small numbers in batches and the actual numbers will be determined taking into account the size of the room and the space available, the number of electors waiting to cast their votes and other relevant factors. The Presiding Officer will have full discretion regarding the entry of the media persons inside the polling booth taking into account the 809

situation obtaining at the relevant time and all other relevant factors as he alone will be to do so on the spot. While allowing such media persons inside the polling station the Presiding Officer may also further regulate the actual coverage by indicating a definite position beyond which they should not proceed. It is expected that in polling stations which are likely to attract large media attention, appropriate additional arrangements for security and law and order arrangements would be made by the concerned State/Union Territory Government. Entry inside the polling station and coverage of the events even in small numbers in batches would be regulated in such a manner that under no circumstances is the secrecy of the ballot of any voter violated even by accident. The Presiding Officer will also be free to use regulatory measures as he may feel necessary in this regard taking into account the situation at hand. It is expected that all media persons will extend necessary co-operation in this regard and under no circumstances, the process of polling will be allowed to be disturbed because of the large number of media persons present at a given time in a single booth. This will be ensured by each Presiding Officer in a suitable manner. In short, for coverage of actual polling inside the polling station, the entry of media person inside the polling booth in manageable groups will be permitted by the Presiding Officer on the basis of authority letters issued by the Election Commission, subject to restriction that media persons will not be allowed to go near voting compartments to take photographs/ films so that the secrecy of the vote is not violated. 15.In relation to elections to the office of PRESIDENT or VICE-PRESIDENT of INDIA, requests for entry into the place of polling/counting in NEW DELHI will be sponsored by the Returning Officer for the election and no one else. 16.For entry into other places of polling at the State headquarters for Presidential Election, the requests will be forwarded to the Commission by the Assistant Returning Officers appointed for the purpose in the State concerned and no one else. 17.The instructions given in paragraph 10 above will be applicable mutatis mutandis to the Returning Officers, Assistant Returning Officers in the states concerned in the matter of sponsoring requests of entry passes for Presidential and Vice-Presidential Elections. 18.Representatives of the government owned media like Akashvani and Doordarshan and the officials of the Ministry of Information and Broadcasting, Press Information Bureau, Public Relations Departments, Directorates of Information, field publicity units etc., either of the central or any state governments are not entitled to any special facilities or preferential treatment whatsoever in the matter of entry into a place of polling or a place for counting. They are totally on par with other media persons and can be allowed entry only if they are in possession of a valid authority letter issued by the Commission. The same restrictions will apply to all foreign media/ journalists also. No one can be given any special facilities of access etc. Any Chief Electoral Officer, or any one else who gives or permits extra facilities in violation of the directions of the Commission to central government or state government media or to foreign press and media or members of any state department connected with information and publicity by whatever name known, will do so at his own risk and will face the consequences thereof. 810

19.Whenever any poll or counting takes place in the premises of Parliament or of a state Legislature, such a place of poll or counting is fully under the control of the Election Commission. Entry into any such place of poll or counting of any media person shall be allowed only on the basis of valid entry passes issued by the Commission alone and not by any other authority. Entry passes issued by any other authority to any media persons for covering Parliamentary/Assembly proceedings do not entitle them to enter the place of poll/place of counting during an election. In this connection, attention is drawn to the decision of the Supreme Court in Pashupati Nath Sukul Vs. Nemchandra Jain and others (74ELR-83) wherein the Supreme Court clearly held that all the steps taken in the course of an election to the Council Of States in which elected members of state legislative assembly participate fall outside the proceedings that take place at the meeting of the house. The same is true in the case of Presidential/Vice-Presidential elections in which the members of Parliament and state legislative Assemblies participate. 20.These will be brought to the notice of all the concerned. Any violation will attract severe disciplinary action.

811

21.The Returning Officer will at the time of counting announce the round-wise results through the public address system with sound boxes fixed outside the counting hall and also do so after completion of each round of counting. Limited coverage of short duration by manageable audio visual groups can be allowed and the groups, may be conducted by the official designated for this purpose by the officers in charge of counting. In so far as the trend of counting is concerned, existing instructions will continue. In so far as the transmission of the messages detailed result messages from the Returning Officers after the declaration of the result of in a prescribed format may be reiterated and a copy of the message may be endorsed to All India Radio/Press Information Bureau/Doordarshan. 22.The holders of the authority letters, while covering the counting process, can and should be allowed to come out of the counting hall(s) if they so desire, during the counting. They should also be allowed to re-enter on the basis of the very same authority letters. All entry at all times however, is subject to the over-all requirement of maintenance of law and order, proper decorum and the conduct of peaceful counting. 23.Likewise, in the case of such holders of authority letters for their entry into the polling stations on the date(s) of poll, entry and re-entry into the polling stations during the process of poll, on the basis of such authority letters shall be allowed as in the case of entry in connection with the counting process. This will again be subject to the over-all requirements of maintenance of law and order and proper decorum in the conduct of peaceful polling. 24.The media centres should have required infrastructural facilities like telephones with ISD/ STD, Fax machines, necessary furniture, Teleprinters, etc. These may be provided by the concerned State/Union Territory Governments who shall be free to decide the charges, if any, are to be levied for various facilities. 25.No special arrangements can be made to answer queries telephonically. 26.The arrangements indicated in the preceding paragraphs will also be applicable mutatis mutandis to representatives of private electronic media. They will also be required to obtain authority letters and their cases will be sponsored by the sponsoring authority namely the PIO or the State Director Information and Publicity concerned as the cases may be. 27.In exceptional case, the Principal Information Officer may recommend the cases of senior correspondents of print and electronic medias of national and international standing to cover more than one state. Media Centres 28. Media centres will be set up in the office Campus of the Chief Electoral Officer, and the District Election Officers, specially for the purpose of disseminating election related information. Officers of the level of District Information Officer will be put incharge of Media centres and their contact address & telephone numbers will be circulated in advance. These centres will commence functioning from the date of notification of election and will remain open during office hours up to the end of the period of 812

electioneering and thereafter round the clock up to the end of the process of election. The media should have reasonable communication facilities like telephones, ISD\STD etc. fax machines, necessary furniture, teleprinters, etc. Subject to availability and on payment of full charges these facilities can also be provided by the District Election Officer. Each State/Union Territory Government shall be free to decide the charges to be levied for various facilities. 29.Copies of statistical reports and documents of previous elections will be made available in these media centres for the purpose of reference to the extent feasible. 30.One such media centre will be set up in the premises of the Election Commission also during every election. 31.An officer not below the rank of roughly a Deputy Collector/District Information Officer duly assisted by staff will be specifically made responsible for management of the media centre at the District. 32.The Chief Electoral Officers and the District Election Officers concerned shall issue daily press notes containing comprehensive statistical and all other information as pertains to their jurisdiction and whose publication in their view is not prejudicial to the conduct of peaceful free and fair elections or is not otherwise specifically prohibited for publication, commencing with the announcement of election up to the completion of the process of election. 33.District Magistrates and District Superintendents of Police shall jointly hold press briefings at least five times during the process of election in the districts in which an election is held. Comprehensive press handouts shall be distributed among the media persons at these briefings. Subject to the requirements of law and order, confidentiality, and peaceful free and fair poll, the subjects to be compulsorily included in the press handouts and in the briefings at these press meets, and their timings shall be as follows: No.

Timing

Subject

1.

Date of Notification

i) Map of the constituency showing locations of polling stations, and routes ii) List of recognized political parties, their office Telephone numbers. Hi) Number of electors, number of women electors and like such statistical information, iv) Names, addresses and telephone numbers of statutory officers, v) Gist of important instructions issue by the Election Commission, vi) The programme of election, vii) Preparedness to hold peaceful free and fair poll, viii) Model Code of Conduct and preparedness to ensure its observance.

2.

Last day of withdrawal

I) Final list of contesting candidates, addresses as per electoral roll 813

and the symbols allotted to them, ii) in preparedness to hold peaceful, free and fair poll 3.

End of Electioneering

i) Incidents of violation of Model Code of Conduct during the period of elections and action taken thereon, ii) Incidents of electoral offences during the period of elections and action taken thereon, iii) Action taken against errant officials, iv) Preparedness to hold peaceful free and fair poll.

4.

End of polling

i) Incidents of electoral offences and malpractice and action taken on them on the day of poll, ii) Preparedness to hold re-poll if any. iii) Preparedness to hold peaceful free and fair counting.

5.

End of Election process

i) All Publishable statistical information about the elections

814

ITEM NO. 387 Election Commission's letter No. 491/97/MCS-Vol.II dated 25.03.1997 addressed to the Chief Electoral Officers of all States and Union territories. Subject: Issue of authority letters - facilities to be provided to media persons for the coverage of process of election - regarding I am directed to invite a reference to para 12 of the Commission's Order No.491/97/MCS dated 27-3-96 on the subject cited and to say that as per the instructions contained therein the Chief Electoral Officer would sign authority letter in their own hand (no facsimile or rubber stamps shall be used). These instructions have since been modified in accordance with the decision taken under Item V(24) of the Summary of Discussions and recommendations of Chief Electoral Officer's Conference held on 141-97 which was forwarded to you with the Commission's letter No.505/97/PLN-IV dated 18-2-97. According to these instructions now one additional officer in the Chief Electoral Officer's establishment shall be authorized to sign the authority letters in addition to the Chief Electoral Officer. Kindly acknowledge receipt of this letter immediately.

815

ITEM NO. 388 Subject: Code of Conduct for Television broadcasts in Connection with elections 1. The Election Commission (EC) recognized the significance of television in the coverage of elections. Its reach is widespread and its impact substantial. On the one hand television can be misused to favour one party or another. But, on the other hand, the EC recognizes that television can, if used properly be an important source of information for voters across the country, it can provide the widest first hand education for voters on political parties; their symbols, the various leaders, the different issues in the election. This is why television all over the world is the single biggest source of information of voters in terms of debates, campaign, coverage etc. 2.It is essential therefore that a model code of conduct is established for television both to ensure it is not misused as well as to ensure it is used in the best interests of democracy and the voter. 3.Listed below are the do's and don'ts for election coverage on television. (a)

Don'ts

(1)There should be no coverage of any election speeches or other material that incites violence, one religion against, another one caste against another one language group against another etc. (2)In any constituency only one candidate should not be projected. While it is not necessary to cover every single candidate (as some constituencies may have several candidates) at least the more important should be covered in any report from a constituency. (b)

Do's

(1)

The following could be covered in a balanced and fair manner: campaigning and excerpts from campaign speeches: symbols, banners lags and other campaign material of parties: results of opinion polls by non-political, professional organisations with a proven track record party manifestoes (critical analysis of which is also perfectly legitimate): candidates and their views in different constituencies across the country: the positions taken by the main parties on different issues important to the electorate: debates between major parties and candidates: analysis of previous voting patterns, victory margins, swings, etc. 816

4.

By "balanced and fair" it is meant that among that major political parties: no one political party should be given substantially more coverage than others. This "balance" need not be achieved in any single day or in a single story, but over a reasonable period of time, say one week. balance does not mean each party must get exactly the same air time to the last second, but parties should be given broadly the same amount of time. balance implies that to no reasonable person should it appear that one political party is being projected to the exclusion of others.

5.

Procedures All producers must record a copy of their programme off air for use as reference in case of any disputes. The EC shall be the final arbiter in any dispute.

6. The final interpretation of any disputed passage or story should be with the Election Commission. In case of a disagreement with the broadcaster, one authority could be nominated by the Election Commission who could take a decision immediately when approached.

817

ITEM NO. 389 Subject: Scheme of Broadcast over Akashvani and Doordarshan by Recognized Political Parties during Election to the Lok Sabha/State Assemblies 1. Facilities of broadcasts on Akashvani and Doordarshan may be given to political parties recognised as 'National' parties and 'State' parties by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968. 2 (a) In the case of elections to the Lok Sabha, 'National' and 'State' parties may be given facilities for broadcasting from the principal Akashvani station and Doordarshan Kendra (where there is one) in every State in which general election to the Lok Sabha is to be held. (b)Broadcast from the principal station in the State will be radiated from all other Akashvani Stations in the State. (c)In addition, 'National' parties may be given facilities to have Central broadcasts from All India Radio, Delhi and Delhi Doordarshan Kendra which will be relayed from all AIR Stations/ Doordarshan Kendras. (d)In the States where a general election to the Legislative Assembly of the State is held simultaneously with the general election to Lok Sabha, there may not be any need for giving separate time for broadcast/telecast for such Assembly Election. 3.In case a 'State' party recognised by the Election Commission in one or more States under the Election Symbols (Reservation and Allotment) Order 1968, fields a sizeable number of candidates for election in a state in which it is not so recognised, a gist of the election broadcast made by the said 'State' party in any one of the states will be covered in the regional news bulletins of the Radio Stations in that State. 4.Broadcast on Akashvani may be of 30 minutes duration (in two broadcasts of 15 minutes each). Telecast from Doordarshan may be of 15 minutes duration. 5.The dates of Radio broadcasts/telecasts will be predetermined in consultation with the Chief Election Commissioner or his representative, in the case of Central and National Broadcasts/telecasts from Delhi, and the Chief Electoral Officer of the State, in the case of broadcasts/telecasts from the Principal Akashvani Stations and Doordarshan Kendras. 6.The order in which and the dates on which the various recognised political parties may broadcast/ telecast from Akashvani and Doordarshan will be determined by draw of matching lots by the authorities concerned as mentioned in item 5 above. 7.

The time for radio broadcasts and telecasts at the national level will be as

follows : Broadcasts........................ .Between……………….. and........................ 818

Telecasts............................Between.........................and........................ The time for the radio broadcasts and telecasts at the State level will be between……………………and

………………………………………………………………

……

819

8. The actual persons participating in the broadcasts may be chosen by the 'National' or the 'State' parties, as the case may be. 9.

The broadcasts on Akashvani/Doordarshan will not permit: i)

Criticism of friendly Countries;

ii)

Attack on religions or communities;

iii)

Anything obscene or defamatory;

iv)

Incitement to violence;

v)

Anything amounting to contempt of court;

vi)

Aspersions against the integrity of the President and Judiciary;

vii)

Anything affecting the unity and integrity of the Nation;

viii)

Any criticism by name of any person;

ix) Exhibition of films on or after the date of issue of notification under section 30 of the R.R Act 1951 and date (s) of poll projecting the image of cine actors and actresses who have joined politics; x) Sponsored programmes by political parties to telecast/broadcast during election period; and xi) Telecast/broadcast of programmes of Prime Minister/Chief Ministers/Ministers having a direct relation or bearing on election. However, telecast/broadcast or programmes on official activities of the Prime Minister/Chief Minister/Minister will be permitted. Note: The parties or their representatives shall submit the script of their broadcast in advance. 10.The 'party' broadcasts will be in addition to any panel discussions or other programmes of political education organized in the course of the ordinary functioning of the broadcasting media. 11.The 'party' broadcast will be made after the notification calling for elections is issued and will be concluded forty eight hours before the end of the first polling date. 12.No.' party' will be allotted time either on Radio or Doordarshan on Sundays.

820

ITEM NO. 390 Election Commission’s letter No. 509/75/2004/JS-I, dated 15.04.2004 addressed to the Chief Electoral Officers of all States Union Territories Subject: - Supreme Court's Order dated 13 t h April 2004 relating advertisements of political nature on TV Channel and cable networks.

to

I am directed to enclose herewith a copy of the order dated 15th April. 2004 passed by the Commission in pursuance of the Order dated 13th April. 2004 of the Hon’ble Supreme Court in SLP ( C . No. 6679 of 2004 (Ministry of Information and Broadcasting Vs. M s. Gemini TV Pvt. Ltd. and others). 2.

It may be noted that the Commission has directed that for pre-viewing.

scrutinizing and certifying advertisements to be telecast over TV channels and cable networks by any registered political party or by any group or organization association, having headquarters in NCT of Delhi, the Chief Electoral Officer. Delhi is to constitute a Committee as directed in paragraph 6 (i) of the Order. Similarly, the Chief Electoral Officers of other States / Union Territories will constitute Committees for dealing with applications by political parties and other associations / groups with headquarters in their States Union Territories, as per paragraph 6 ( iii ). Vide paragraph 6 i v ) of the Order, the Returning Officer of even' Parliamentary Constituency have been declared as Designated Officer for previewing, scrutinizing and certifying advertisements by individual candidates contesting election from the constituency concerned. For the candidates contesting the current general election to the Legislative Assemblies of Andhra Pradesh, Karnataka, Orissa and Sikkim and the byeelections in some States, the Returning Officer of the Parliamentary Constituency comprising the Assembly Constituency concerned will entertain applications for certification of advertisements. 3.

The Chief Electoral Officers of all States / Union Territories are also required

to constitute further a Committee to attend to complaints / grievances in regard to the decision of the Committees Designated Officers on the application for -certification of advertisements. 4.

Each application for certification is to be submitted before the Committee

concerned or the Designated Officer concerned in a statement as per the format prescribed in Annexure-A appended to the Order. The certificate for 821

telecast for an advertisement is to be given by the Committee / Designated Officer in the format as given in Annexure-B appended to the Order. The applicants are required to submit two copies of the proposed advertisements in electronic form alongwith an attested transcript thereof. 5.

A proper record in a register should be maintained for all applications

received for certification. Each application should be serially numbered and the serial numbers should also be indicated on the two copies in electronic form and the receiving officer should affix his signature on the electronic copy. After issue of certificate, one electronic copy of the advertisement as certified for telecast, should be retained by the Committee Designated Officer. 6.

All Chief Electoral Officers may take immediate action for acquiring by hiring

or purchase, necessary equipments infrastructure, such as television, VCR, VCD. etc. that may be required for the purpose of previewing and scrutinizing of advertisements by the Committees and Designated Officer in their State Union Territory. Any purchase made are to be in accordance with the rates and procedures approved by the State Governments for similar items. 7.

The Commission's order may be given wide publicity and this may be

specifically brought to the notice of all District Election Officers District Magistrates. Returning Officers, TV Channels, cable operators and political parties in the State Union Territory. Kindly acknowledge receipt.

822

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 Dated 15th April 2004

No. 509.75 2004/JS-I ORDER

Whereas Section 6 of the Cable Television (Regulation) Act. 1995 provides that no person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code: and 2.

Whereas. Sub - rule ( 3 ) of Rule 7 of the Cable Television Network (Regulations)

Rules. 1994 laying down the advertising code in terms of the abovementioned Section 6 provides that "no advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature advertisements must not be directed towards any religious or political end" and 3.

Whereas, the High Court o\ Andhra Pradesh, by its judgment and order dated

23-03-2004 in

WPMP

No.5214/2004

(Gemini

TV

Pvt.

Ltd.

Vs.

Election

Commission of India and others) suspended the above-mentioned provisions of Rule 7 ( 3 ) of the Cable Television Network (Regulation) Rules. 1994: and 4.

Whereas the Hon'ble Supreme court by its interim order dated 2-4-2004

in SLP (Civil) No.6679 2004 (Ministry of Information & Broadcasting Vs Ms Gemini TV and Others), in substitution of the order under challenge, had directed as below. – (i)

No cable operator or TV channel shall telecast any advertisement, which does not conform to the law of the country and which offends the morality, decency and susceptibility of views or which is shocking, disgusting and revolting;

(ii)

The telecast shall be monitored by the Election Commissioner of India;

(iii)

The question as to whether the expenditure incurred by the candidate on inserting such advertisement should or should not be included, shall be considered on 5th April, 2004; and

(iv)

The modalities whether such advertisements are in conformity with law, shall be laid down by the Election Commissioner of India. 823

5.

Whereas. The Hon’ble Supreme Court of India by its further order dated 13 lh April,

2004. in SLP (Civil) No.6679/2004. has directed as follows: "—Before we pass the order, it will be worthwhile to notice certain provisions of the Cable Television Networks (Regulation) Act, 1995 (for short, "the Act"], as amended from time to time, and the Rules framed there under. The object of the Act is to regulate the operation of the cable television network in the country. Section 6 of the Act provides that no person shall transmit or retransmit through a cable service any advertisement unless such advertisement

is in

conformity

with

the

prescribed

advertisement code. Section 11 of the Act provides that if any authorized officer has reason to believe that the provisions of the Act have been or are being contravened by any cable operator, he may seize the equipment being used by such cable operator for operating the cable television network. Section 12 of the Act provides for confiscation of the equipment in the event of any violation of the provisions of the Act. Similarly, Section 13 of the Act also provides for seizure or confiscation of the equipment and punishment. Section 16 further provides for punishment for contravention of the provisions of the Act. Section 19 lays down that an authorized officer, if he thinks necessary or expedient so to do in the public interest, may, by order, prohibit any cable operator from transmitting or re-transmitting any advertisement which is not in conformity with the prescribed programme code and advertisement code and it is likely to promote enmity on grounds of religion, race, language, caste or community or any other grounds whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religion, racial, linguistic or regional groups or castes or communities or which is likely to disturb public tranquility.

Section

22

of

the

Act

empowers

the

Central

Government to frame Rules to carry out the provisions of Act. The Central Government in exercise of the powers conferred on it by Section 22 of the Act is empowered to make Rules which are known as The Cable Television Networks Rules, 1994 [for short, "the Rules"]. 824

Rule 7 of the Rules provides that where an advertisement is carried in the cable service it shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers. Sub-rule (2), inter-alia, provides that no advertisement shall be permitted which derides any race, caste, colour, creed and nationality, is against any provision of the Constitution of India and tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way. Sub-rule (3) further provides that no advertisement shall be permitted the objects whereof are wholly or mainly of religious or political nature, advertisements must not be directed towards any religious or political end. It is in this background, we now propose to pass the following order: Every registered National and State, political party and every contesting

candidate

proposing

to

issue

advertisement

on

television channel and/or cable network will have to apply to the Election Commission/Designated Officer (as designated by the Election Commission) not later than three days prior to the date of the

proposed

commencement

of

the

telecast

of

such

advertisement. In case of any other person or unregistered political parties, they will have to apply not later than seven days prior to the date of the telecast. Such application shall be accompanied by two copies of the proposed advertisement in electronic form along with a duly attested transcript thereof. In case of first phase of elections, the application shall be disposed of within two days of its receipt and until decision thereon is taken, our order dated 2nd April, 2004, shall apply. In case of subsequent phase of election, the application shall be disposed of within three days of its receipt and until the decision thereon is taken, our order dated 2" April, 2004, shall apply. While disposing of such applications, it will be open to the Election Commission/Designated Officer to direct deletion/modification of any part of the advertisement. The application for certification shall contain following details: 825

(a)

The cost of production of the advertisement;

(b)

The approximate cost of proposed telecast of such advertisement on a television channel or cable network with the break-up of number of insertions and rate proposed to be charged for each such insertion;

(c)

It shall also contain a statement whether the advertisement inserted is for the benefit of the prospects of the election of a candidate(s)/parties;

(d)

If the advertisement is issued by any person other than a political party or a candidate, that person shall state on oath that it is not for the benefit of the political party or a candidate and that the said advertisement has not been sponsored or commissioned or paid for by any political party or a candidate; and

(e)

A statement that all the payments shall be made by way of cheque or demand draft. We find that Section 2ia) of the Act defines "authorized

officer", within his local limits of jurisdiction, as (a) District Magistrate; (b) Sub-divisional Magistrate; or (c) or Commissioner of Police. Similarly, Section 28 A of the Representation of People Act, 1951 provides that the Returning Officer, Assistant Returning Officer, Presiding Officer. Polling Officer and any other officer appointed under this part and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of results of such election and, accordingly, such officer shall during that period, be subject to the control, superintendence and discipline of the Election Commission. Since

it

is

not

physically

possible

for

the

Election

Commission to have a pre-censorship of all the advertisements on 826

various cable networks and television channels, it has become necessary to authorize the Election Commission to delegate its powers in this behalf to the respective District Magistrates of all the States or Union Territories, not below the rank of a Sub-divisional Magistrate or a member of the State Provincial Civil Service. This may be done by a general order issued by the Election Commission. These officers shall act under the control, superintendence and discipline of the Election Commission. The Election Commission in its turn may delegate its powers to the Chief Electoral Officer of each State or the Union Territories, as the case may be. The Chief Electoral Officer of each State or Union Territory may appoint a committee for entertaining complaints or grievances of any political party or candidate or any other person in regard to the decision to grant or to refuse certification of an advertisement. The committee so appointed shall communicate its decision to the Election Commission. The committee so constituted will function under the overall superintendence, direction and control of the Election Commission of India. The decision given by the committee shall be binding and complied with by the political parties, candidates, or any other person applying for advertisements in electronic media subject to what has been state above. The comments and observations for deletion or modification, as the case may be, made, shall be binding and complied with by the concerned political party or contesting candidate or any other person within twenty four hours from the receipt of such communication and the advertisement so modified will be resubmitted for review and certification.

827

We may clarify that provisions of Section 126 of the Representation of People Act. 1951, shall apply to the advertisement covered by this order. If any political party, candidate or any other person is aggrieved by the decision taken either by the committee or by the Designated Officer/Election Commission it will be open for them to approach only this court for clarification or appropriate orders and no other court, tribunal or authority shall entertain any petition in regard to the complaint against such advertisement. This order shall come into force with effect from 16th April, 2004 and shall continue to be in force till 10th May, 2004. This order is being issued in exercise of the powers under Article 142 of the Constitution of India and it shall bind all the political parties, candidates, persons, group of persons or Trusts who propose to insert the advertisement in the electronic media, including cable network and/or television channels as well as cable operators. It will be open to the Election Commission to requisition such staff as may be necessary for monitoring the telecast of such advertisements. Where the Election Commission is satisfied that there is a violation of this order or any provisions of the Act, it will issue an order to the violator to forthwith stop such violations and it will also be open to direct seizure of the equipments. Every order shall be promptly complied with by the person(s) on whom such order is served. The funds to meet the cost of monitoring the advertisements should be made available to the Election Commission by the Union of India. Adequate publicity of this order shall be given by the Union of India on the electronic media and through print media.

828

This order is in continuation of the order passed by this Court on 2nd April. 2004 and shall remain in operation as an interim measure till 10th May, 2004. Subject to the aforesaid order, the judgment of the High Court of Andhra Pradesh dated 23rd March 2004 shall remain stayed. This order is passed not in derogation of but in addition to the powers of the Central Government in regard to the breach of the provisions of the Act." 6.

Now therefore, in pursuance of the aforesaid directions of the Hon'ble Supreme

Court, the Election Commission, hereby directs as follows: (i)

The Chief Electoral Officer Delhi is hereby directed to constitute a Committee

comprising the following persons to deal with the applications by the political parties and organizations mentioned in para (ii) herein below.a)The Joint Chief Electoral Officer-Chairperson. b)Returning Officer of any Parliamentary Constituency in Delhi. c)One expert being an officer not below the rank of Class-1 officer to be requisitioned from the Ministry of Information & Broadcasting. (ii)

The above Committee will entertain applications for certification of any

advertisement to be inserted in a television channel or cable network by the following:-

(iii)

a)

All registered political parties having their headquarters in NCT of Delhi.

b)

All groups or organizations or associations or persons having their headquarters in NCT of Delhi.

The Chief Electoral Officer of every other State/Union Territory is hereby directed

to constitute the following Committee to deal with applications by political parties and organizations mentioned in para ( i v ) below:(a) The Additional/Joint Chief Electoral Officer - Chairperson. (b) Returning Officer of any Parliamentary constituency located in the capital of the State.

829

(c) One expert being an officer not below the rank of Class-1 officer to be requisitioned from the Ministry of Information & Broadcasting. (iv)

The Committee constituted in para (iii) above will entertain applications for

certification for advertisement on television channel and cable network by the following:(a) All registered political parties having their headquarters in that State /Union Territory, (b) All organisations or group of persons or associations having their registered offices in that State/Union Territory. (v)

The Returning Officer of every Parliamentary constituency in the country are

hereby declared as Designated Officers for the purpose of entertaining application for certification of an advertisement proposed to be issued on cable network or television channel by an individual candidate contesting the election from the Parliamentary constituency of which such Designated Officer is the Returning Officer and candidates contesting

in

the

Assembly

constituencies

falling

within

that

Parliamentary

constituency. The said Returning Officer may co-opt any of the Assistant Returning Officers, not below the rank of a Sub-divisional Magistrate belonging to the State Provincial Civil Service to assist him in the task of certification of applications. 7.

The Chief Electoral Officer of every State/Union Territory will constitute the

following Committee to entertain complaints/grievances of any political party or candidate or any other person in regard to the decision to grant or refuse certification of an advertisement:( i ) The Chief Electoral Officer

-

Chairperson.

(ii) Any Observer appointed by the Election Commission of India (iii)

One expert to be co-opted by the Committee other than the one mentioned in paras 6( i ) and

8.

6(iii) above.

The applications for certification of any advertisements by even' registered

political parties and ever>f contesting candidates shall be made to the Committees mentioned in paras 6 (i) and 6 (iii) above or the Designated Officer as mentioned in para 6 (iv) above, as the case may be. not later than 3 (three) days prior to the date of the commencement of the telecast of such advertisements. In the case of first 830

phase of elections such applications shall be disposed of within 2 (two) days of its receipt and until decision thereon is taken, the order of the Supreme Court dated 2-4-2004 shall apply. 9.

Where an application for certification of advertisement is by any other

person or unregistered political parties, it will have to be made not later than 7 (seven) days prior to the date of telecast. 10.

Every such application, in the format prescribed at Annexure A, shall be

accompanied by the following : (i)

Two copies of the proposed advertisement in the electronic form along with a duly attested transcript thereof,

(ii)

The application for certification shall contain following details:(a)The cost of production of the advertisement: (b)The

approximate

cost

of

proposed

telecast

of

such

advertisement on a television channel or cable network with the breakup of number of insertions and rate proposed to be charged for each such insertion: (c)It shall also contain a statement whether the advertisement inserted is for the benefit of the prospects of the election of a candidates (/parties: (d)If the advertisement is issued by any person other than a political party or a candidate, that person shall state on oath that it is not for the benefit of the political party or a candidate and that the said advertisement has not been sponsored or commissioned or paid for by any political parry or a candidate: (e)A statement that all the payment shall be made by way of cheque or demand draft. 11.

While taking a decision on the applications for certification of an

advertisement, it will be open for the Committees constituted in para 6 ( i ) and 6 ( i i i ) above or the Designated Officer as in para 6 (v) above or the review Committee as constituted in para 7 above to direct deletion/modification of any part of the advertisement. Every such order making comments and observation for deletion 831

and modification shall be binding and be complied by the concerned political parry or contesting candidate or any other person within 24 hours from the receipt of such communication. The advertisement so modified will be re-submitted for review and certification. 12.

Where the Committees constituted in para 6 (i) and 6 (iii) above or the

Designated Officer or the review Committee as constituted in para 7 above as the case may be, is satisfied that the advertisement meets the requirements of the law and in accordance with the directions of the Supreme Court as inserted in paras 4 and 5 above, it should issue a certificate to the effect of the advertisement concerned is fit for telecast. The format for the certificate is at Annexure B. 13.The directions contained in the order dated 13 th April 2004 by Supreme Court shall be strictly complied with by everyone concerned and will remain in operation till 10lh May 2004 and it shall bind all the political parties, candidates, persons, group of persons or Trusts who propose to insert the advertisements in the electronic media, including the cable networks and/or television channels as well as cable operators. By Order, Sd./(K.F. WILFRED) SECRETARY

832

Annexure - A APPLICATION FOR CERTIFICATION OF ADVERTISEMENT I. (i)

Name and full address of the applicant

(ii)

Whether the advertisement is by a political party contesting candidate any other person / group of persons / association/ organization / Trust (give the name)

(iii)

(a) In case of political party, the status of the party (whether recognized National/ State / unrecognized party) (b) In case of a candidate, name of the Parliamentary Assembly Constituency from where contesting

( i v ) Address of Headquarters of political party group or body of persons, association organization / Trust (v)

Channels / cable networks on which the advertisement is proposed to be telecast

(vi)

(a) Is the advertisement for the benefit of p r o s p e c t s o f election of any candidate(s) (b) If so, give the name(s) of such candidate(s) with full address and name(s) of constituency(ies)

(vii)

Date of submission of the advertisement

(viii)

Language(s) used in the advertisement (advertisement is to be submitted with two copies in electronic form alongwith a duly attested transcript) 833

(ix)

Title of advertisement

(x)

Cost of production of the advertisement

(xi)

Approximate cost of proposed telecast with the breakup of number of insertions and rate proposed for each such insertion

(xii)

Total expenditure (in Rupees)

involved

II. I. Shri Smt.____________________. S/o D/o / Wo____________________. (full address)___________________________________________. undertake that all payments related to the production and telecast of this advertisement will be made by way of cheque / demand draft. Place:

Signature of the applicant

Date: III. (Applicable for advertisement by a person/persons, other than a political party or a candidate) I. Shri / Smt._______________. S/o / D/o / W/o_______________________. (full address)_______________ . hereby state and affirm that the advertisement(s) submitted herewith is not for the benefit of any political party or any candidate and that this advertisement(s) has I have not been sponsored / commissioned or paid for by any political party or a candidate. Place : Date :

Signature of applicant

834

Annexure - B CERTIFICATION OF ADVERTISEMENT FOR TELECAST II (i)

Name and address of the applicant political party / candidate person group of persons ' association organization Trust

(ii)

Title of advertisement

(iii)

Duration of advertisement

(iv)

Language(s) used in advertisement

(v)

Date of submission of advertisement

(vi)

Date of certification for telecast.

II. Certified that the above advertisement is fit for telecast as per the guidelines prescribed by the Hon'ble Supreme Court of India. Signature of chairperson members of committee Designated Officer Place: Date:

835

ITEM NO. 391 Election Commissioner’s Letter No. 509/75/2004-JS.l, dated 22.07.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Commission's Order dated 15.4.2004 relating to advertisements of political nature on TV Channel and cable networks - Reg. I am directed to refer to the Commission's letter of even number dated 15.4.2004 and to the Order of the same date enclosed therewith, on the subject cited. The said order was issued in pursuance o\ the interim order passed by the Hon'ble Supreme Court on 13.4.2004 in SLP(C) NO. 6679/04. The Hon'ble Supreme Court, vide its Order dated 5.7.2004. has directed that its Order dated 13.4.2004. will remain in operation until further orders. A copy of the order dated 5.7.2004 is enclosed.

2.

Accordingly, the Commission's Order No. 509/75/2004-JS.l dated

15.4.2004 will remain in operation until further instructions. The directions in the said Order should be strictly followed in future elections until further instructions in this regard.

3.

Kindly acknowledge receipt.

Item No.54 XIIA

Court No. 1

SECTION A/N

MATTER SUPREME COURT-OF INDIA RECORD OF PROCEEDINGS Petition(s) fox Special Leave to Appeal (Civil) No.6679/2004 (From the judgment and order dated 23/03/2004 in WPMP 5214/04 of The HIGH COURT OF A.P. AT HYDERABAD) SECY., MIN. OF INFORMATIONAL BROADCASTING

Petitioner

VERSUS M/S

GEMINI

TV

PVT.

Respondent 836

LTD.

&

ORS.

(With prayer for interim relief) (With Appln(s). for exemption from. filing c/c of the impugned Judgment Date : 05/07/2004 This Petition was called or. for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G.P. MATHUR. HOB'BLE MR. JUSTICE A.K. MATHUR. For Petitioner(s):

Mr. Rajeev Sharma, Adv.

For Respondent(s):

Mr. K RamaKanta Reddy, Adv. Mr. P. Venkat Reddy, Adv. Mr. Anil Kumar Tandale, Adv. Mr. S. Muralidhar, Adv. Mr. Sonjran Sharing., Adv.

UPON hearing counsel the Court made the following ORDER The learned counsel for respondent No.1-M/s. Gemini TV Pvt. Ltd. submits that the main petition pending in the High Court of Andhra Pradesh may itself be withdrawn to this Court and heard and decided here itself in view of the constitutional issues of wide ramifications arising for decision in the writ petition. The learned counsel for the petitioner does not oppose the prayer made, Accordingly, HP(C) No. 3959/2004 filed by respondent No. 1 herein is directed to be transferred to this Court. The learned counsel for the petitioner prays for time for moving an appropriate application for transferring WP(C) Nos. 4539, 4880 and 49C1 of 2004 pending in the High Court of Andhra Pradesh, to this Court. Let him do so within three weeks. The interim order dated 12.i.2004 is directed to remain m operation until further orders.

Sd./(D.P. WALIA) COURT MASTER

Sd./(RASHA R. BHATIA ) COURT MASTER

837

STATE ELECTION COMMISSION

838

ITEM NO. 392 Election Commission's letter No. 3/5/96/JUD-II dated 09.02.1996 addressed to (1) The Chief Secretaries of all States Union Territories, and (2) The Chief Electoral Officers of all States and Union Territories Subject: Recognition of political parties and use of election symbols at elections to Panchayats and Municipalities - regarding I am directed to state that the Election Commission of India registers political parties under Section 29A of the Representation of the People Act, 1951. Some of these registered parties have been recognised by the Commission either as National parties or as State Parties and election symbols have been reserved for these recognised parties under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968. The Commission also specifies lists of free symbols for each State/Union Territory for allotment to candidates set up by registered-unrecognized political parties and independent candidates. 2.The notifications issued by the Election Commission of India in respect of such recognised National and State parties, registered-unrecognized political parties and free symbols are not ipso facto applicable in relation to elections to Panchayats and Municipalities, etc., held under the jurisdiction of the State Election Commissioners appointed under Article 243K and 243 ZA of the Constitution of India. 3.Requests have been received from some of the State Election Commissioners to allow them to recognize the political parties as have been recognised by Election Commission of India (ECI) and use their reserved symbols in relation to elections to Panchayats and Municipalities, etc. under the local laws as applicable to the conduct of those elections. Further, requests have also been made to allow the use of free symbols as have been specified by the Commission for various States/Union Territories and also to procure the symbol blocks of such reserved and free symbols from the manufactures as have been approved by the ECI for manufacturing those symbol blocks. 4.The above requests of the State Election Commissioners have been duly considered by the Election Commission of India. 5.In the interest of the political parties which contest elections both to Parliament and State Legislature and also to Panchayats and Municipalities, etc., and to avoid any confusion in the minds of electors in the matter of identification of political parties and their election symbols, the Election Commission of India has accepted that the State Election Commissioners may, for the sake of uniformity, recognize the National and State parties as recognised by the Election Commission of India and use the symbols reserved for them, as also the free symbols for the purposes of elections to Panchayats and Municipalities. 6.It is requested that the State Election Commissioner may kindly bear in mind the following points in relation to recognition of political parties and allotment of election symbols: 839

(i) The National Parties and the States Parties recognised by the Election Commission of India may be recognised under the very same name by the State Election Commissioners. (ii) The National Parties and the State Parties recognised by the Election Commission of India may be allowed to use only those very symbols which are reserved for them by the Election Commission of India and not any other symbol. (iii) If any interim or final order is passed by the Election Commission of India recognising/ derecognising a political party or a group in a recognised National/State Party in pursuance of the provisions of symbols order, it may be taken note of by the State Election Commissioners for making necessary changes in the list of recognised National and State Parties maintained by them. (iv) The State Election Commissioners may also use the symbols specified by Election Commission of India as free symbols. It may, however, kindly be ensured that facsimiles of the symbols are same as adopted by the Election Commission of India. 7.The Commission has approved the following two firms whose name and addresses are given below for preparation of symbols blocks. M/s Times Engineering Works 8, Manavarthipet, M.R. Lane, Bangalore-560 053. M/s Ideal Cottage Industries Chandpole Bazar Jaipur-302 001 8.The Station Election Commissioners may procure symbol blocks from the above firms, if they so desire. 9.It is hoped that the State Election Commissioners will take all necessary steps to ensure that no confusion is caused in the minds of the public while voting at elections to the House of the People/ Legislative Assemblies as also at elections to the local bodies entrusted to the State Election commissioners because of dissimilarity in the symbols adopted at these elections. 10.The receipt of this letter may kindly be acknowledged.

840

ITEM NO. 393 Election's Commission's letter No. 3/5/96/Jud.II dated 12.02.1996 addressed to (1) The Chief Secretaries to the Govts. of all States and Union Territories, and (2) The Chief Electoral Officers of all States and Union Territories. Subject: The Constitution (Seventy-third Amendment) Act, 1992 and the Constitution (Seventy-fourth Amendment) Act 1992, setting up of State Election Commissions-Regarding I am directed to invite your attention to the provision of the Constitution (Seventythird Amendment) Act, 1992 and the Constitution (Seventy-fourth Amendment) Act, 1992, where under, the constitution of State Election Commissions and appointment of State Election Commissioners are contemplated to superintend, direct and control the preparation of the electoral rolls for, and the conduct of elections to Panchayats and Municipalities. Panchayats have been defined in Article 243(d) read with Article 243B to mean institutions, by whatever name called, of self-Government at the village, intermediate and district levels. Municipalities as defined in Article 243B(e) read with Articles 243Q, mean (a) Nagar Panchayats, by whatever name called, for areas in transition from rural areas to urban areas, (b) Municipal Councils for smaller areas and (c) Municipal Corporations for larger urban areas. 2.Under Article 324 of the Constitution the Election Commission is concerned only with the superintendence, direction and control of the preparation of the electoral rolls for and conduct of all elections to Parliament and to the legislature of every State and of elections to the offices of the President and the Vice-President under the Constitution. The Election Commission of India is, thus, an authority distinctly separate from the Election Commission of the States and Union Territories by virtue of its mandate and jurisdiction assigned under the Constitution. It has no role in the preparation of the electoral rolls for or the conduct of elections to the Panchayats and Municipalities as defined above. 3.Having regard to the above Constitutional scheme, it will not be legal or proper to entrust any item of work relating to the preparation of electoral rolls for, or the conduct of elections to Panchayats and Municipalities under the Constitution (Seventy-third Amendment) Act, 1992 and the Constitution (Seventy-fourth Amendment) Act, 1992 to the electoral machinery in the State which functions under the superintendence, direction and control of the Election Commission of India - namely, the Chief Electoral Officers, District Election Officers, Electoral Registration Officers, Returning Officers and Assistant Returning Officers who are appointed by the Commission under the various provisions of the Representation of the People Act, 1950 and the Representation of the People Act, 1951. 4.However, at the same time, the Commission has no intention of disabling the State Governments from utilising the services of the aforesaid officers for the conduct of Panchayats and Municipalities elections. The Commission, accordingly, will have no objection to the officers mentioned in para 3, other than Chief Electoral Officers, 841

performing any duties relating to the Panchayats and Municipalities elections so long as a clear distinction is made that those officers are performing duties relating to the said elections under the States Acts and NOT under Article 324 of the Constitution and the Representation of the People Act, 1950 and Representation of the People Act, 1951 or any rules made thereunder, as officers of the Election Commission of India. In other words, there should be unambiguous provisions to the effect that no work is or should be entrusted to them in their capacity as District Election Officers, Returning Officers, Electoral Registration Officers, etc. appointed by the Election Commission of India under the Representation of the People Act, 1950 and Representation of the People Act, 1951 or rules made thereunder and while functioning subject to the superintendence, direction, control and discipline of the Election Commission of India. 5.As regards Chief Electoral Officers of the State Government, they are so nominated by the Commission in consultation with the State Government/Union Territory Administration concerned in terms of section 13A of R.R Act, 1950. Under Section 20A of Representation of the People Act, 1951, they supervise the conduct of all elections in the State under the RP Act and are subject to the exclusive supervision, discipline, control and direction of the Commission. The Commission nominates full-time officers as Chief Electoral Officers exclusively for the work relating to the elections under the Election Commission of India. Entrustment of any work relating to Panchayats and Municipal elections to them, therefore, formally or otherwise, will not be legal or proper. Any work relating to the elections of the Panchayats and Municipalities should, therefore, not be entrusted to them qua Chief Electoral Officers under the Election Commission of India. 6.It is requested that the State Governments etc. may keep the above legal position in view and bring the same to the notice of all concerned while framing the laws in pursuance of the Constitutional Amendment Acts referred to in Para 1 above to provide for the constitution of the State Election Commissions and appointment of State Election Commissioners. 7.Likewise, while framing the rules for the internal functioning of the State Election Commissioners and the terms and conditions of appointment and their administrative structure and staffing pattern, it may be ensured that these are clearly distinct and distinguishable from the corresponding rules, terms and conditions and administrative structure and staffing pattern of the Election Commission. Any ipso facto adoption of the Commission's rules and terms and conditions, etc., will not be strictly legal. In addition, such a step is also likely to create confusion in the minds of political parties, candidates and the public at large about the officers and staff of the Election Commission and its functions vis-d-vis the State Election Commissioners. 8.The Commission is acutely conscious of the fact that the State Election Commissions, in furtherance of the country's democratic structure have been set up to ensure holding of periodical elections at the grass root level to elect representatives on the basis of an impartial objective and fair election process. The Election Commission of India is vested with powers in respect of requisitioning of staff, as provided for in Article 324(6) of the Constitution with respect to elections under its 842

charge for the efficient discharge of its functions. Corresponding constitutional powers have been vested in the State Election Commissions under article 243K(3) of the Constitution. The Constitutional Scheme envisages a healthy respect for each other's powers and functions among all Constitutional Authorities so that they work in harmony. Election Commission acknowledges that it is duty-bound to extend to the State Election Commissions all assistance and cooperation in its relations with them. At the same time, it would also request a reciprocal understanding and appreciation of the legal position from the State Election Commissions in the matter of staff, their nomination and deployment within the parameters set by the Constitution, acts of Parliament/State Legislatures and the rules made there under. On its part the Commission would like to assure that a spirit of mutual cooperation and harmony will govern its dealings with the State Election Commissions, consistent with its Constitutional obligations and commitments. The Commission solicits full cooperation and goodwill from the State Election Commissions. 9.This supersedes Order No. 154/93 dated 1 1th February, 1993, letter No. 3/5/93/J.S.II dated 18th June 1993, 1 1th August, 1993, 1 0th September, 1993 and Order of even number dated 14th January, 1995 on the subject, which are all hereby withdrawn. 10.Kindly acknowledge receipt.

843

ITEM NO. 394 Election Commission's letter No. 52/2/98/(P)-PLN-IV dated 27.4.1998 addressed to CEOs of all States and UTs and copy endorsed to State Election Commissioners of all States & UTs. Subject: Election Material - Loan to State Election Commissioner for the conduct of election to local bodies - Delegation to the Chief Electoral Officers In supersession of all existing instructions and directions on the subject of loaning of election materials to the State Election Commissions for the conduct of election to local bodies, the Commission hereby directs that the Chief Electoral Officers are delegated the power to consider the requests made by the State Election Commissioners for the loan of election materials for the conduct of elections to local bodies and to loan the materials to the said authority. However, while considering the requests made by the State Election Commissions, the Chief Electoral Officers shall take into account the following broad parameters: 1.Loaning of election materials shall be suspended with effect from the date of announcement of general election from the State/Union Territory concerned. 2.Chief Electoral Officers should ensure that the election material loaned is returned back well in time for the purpose of said elections. 3.Consumable materials which can be put to only one time use like indelible ink, paper for printing of ballot papers, etc. are not be loaned but can be supplied subject to payment of cost. However, in such cases, to be sure that they have excess quantity of such material and that these will not be in a condition to be put to use for the next elections to Parliament or State Legislature. 4.However, while supplying election material with short shelf life, the Chief Electoral Officers shall ensure that material which has exceeded the prescribed shelf life (like 6 months from the date of manufacture in the case of indelible ink) is not given to State Election Commissions. 5.The cost of consumable items which can be used only one time shall be recovered from the State Election Commissions. 6.The Chief Electoral Officers shall ensure that the non-consumable materials like ballot boxes loaned to State Election Commissions are returned promptly by the promised date and in good condition. The above parameters may be kept in view while loaning of election material to State Election Commissions.

844

ITEM NO. 394A Election Commission’s letter No. 590/SEC-AGENDA/2006, dated 26.06.2006 addressed to all State Election Commissioners Subject: State Funding of Elections Please find enclosed minutes of the conference held on 16th May, 2006 at Srinagar. 2.

A copy of the letter being issued to all the Chief Electoral Officers

intimating them the decisions taken in the conference is also enclosed. 3.

The Government letter to Election Commission of India on the issue of

partial state funding to elections is also enclosed. Election Commission had convened a meeting of all recognized national and state political parties on 15.02.2006 at Nirvachan Sadan, New Delhi which elicited very good response from various political parties.

The views/suggestions of the State Election

Commissioners, if any, can be forwarded to the Election Commission within two weeks so that these suggestions may also be included in recommendations to the Government of India by the Election Commission. 4.

A set of important publication of the Commission with CDs is separately

being couriered to all the State Election Commissioners.

845

COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110 001

Dated.: 26th June, 2006

No. 23/SEC/PLN-II/2006 To All Chief Electoral Officers.

As you might be aware, the Election Commission of India has, since last year, initiated an annual interaction meeting with all the State Election Commissioners. Last year the meeting was held in Hyderabad on 20 th April, 2005. This year the conference was held on 16th May, 2006 at Srinagar. 2.

Please find enclosed the minutes of the meeting held in Srinagar.

3.

The main issues which merit attention of the CEOs are as below :(a) Vide letter dated 4th July, 2005, instruction have already been issued that electoral roll database and printed copies should be freely shared with State Election Commissioners so that they can utilize the same and prepare electoral roll for local body election conveniently and at a lower cost. However, it has been reported that some CEOs have refused to share this or delayed it by so long that database could not be used for preparing the electoral roll for local body elections. From now onwards it must be ensured that whenever mother roll or supplementary roll is published, the entire new database in integrated fashion, and a set of printed copies of rolls should be made available to State Election Commissioner without asking. (b) The Annexure ‘B’ to above mentioned letter of 4th July, 2005 detailed the procedure to include urban body/village body ward numbers in the

846

electoral roll.

While that letter suggests that this is optional though

desirable activity, the consensus during the meeting was that it should be made mandatory. Hence the procedure detailed in Annexure ‘B’ should be quickly followed and completed for all the states so that it would be very easy to prepare local body electoral rolls from the Election Commission assembly wise rolls. This would also enhance usefulness of sections in our part wise roll. (c) Suggestions from most of the SECs was that atleast three four copies of printing rolls are required to manually cut and paste them etc. to convert that into local body rolls.

Hence whenever there is a demand for

availability of printed copies, the CEO should take requisite decision in consultation with SECs. 4.

There was also discussion that overlap between local body elections and

any bye election of assembly or parliament should be avoided. Hence all the CEOs are requested to obtain a copy of local bodies election calendar every year from the SEC in advance and forward it to the Planning-I section in Election Commission. Yours faithfully, (RAJESH AGGARWAL) DIRECTOR-CUM-PR. SECRETARY Encl: 1. Minutes 2. Letter of 4th July, 2005 alongwith Annexure-B

847

Minutes of the meeting of the Election Commission of India with the SECs held on16th May,2006 at Srinagar. List of participants is given at Appendix 'A'. All the delegates were welcomed by Shri B.B. Tandon, Chief Election Commissioner and Shri N.Gopalaswami, Election Commissioner. From the State Election Commissioners side, SEC Rajasthan Shri Inderjit Khanna welcomed the Commission and appreciated the initiative taken by the Commission to hold these annual conferences with the SECs. Item No:1

Sharing

of

Electoral

database

with

State

Election

Commissioners. As per the discussions in the last year’s meeting in Hyderabad, Election Commission has already issued instructions to all CEOs for sharing of database of electoral rolls prepared by the Election Commission with SECs for preparing the electoral roll and Panchayat and other local body election vide letter No. 23/SEC/2005/PLN-II dated 4th July, 2005. The discussion revealed that in most of the states this arrangement is working fine except some States like Kerala, Karnataka and Haryana where the delay in supply of database resulted in their non usage during the local body elections. Hence it was decided that the Election Commission will write to all the CEOs to ensure that database are freely shared with SEC without asking. Another issue which came up was that in most of the states details or ward number are not being incorporated to election commission roll. Though the above mentioned order of 4th April, 2005 detailed out a procedure for incorporating the ward number in election commission roll, it was left optional rather than mandatory. Chief Election Commissioner assured that instructions will be issued to all CEOs to take urgent steps in this regard.

848

Item No. 2

Loaning of EVMs to State Election Commissioners. Shri Anand Kumar, DEC briefed the gathering on this topic. A

beginning has also been made in using the EVM for local body election in some states. In some states due to multi-member system or proportional system for voting in local body elections, modified version of EVMs are required and Election Commission EVMs cannot be used. In this area also, some states have taken steps to procure modified EVMs from the manufacturers, BEL or ECIL. Some of the SECs requested the Commission to relax the purchase of 25% of the quota of the total requirement of the State in three years. However, it was explained that this may not be feasible at the moment. Item No. 3. Transfer of ballot boxes to SECs The question of transfer of ballot boxes to the SECs also was discussed.

The Commission has considered the transfer of ballot boxes to

SECs. To examine the feasibility of transferring the ballot boxes to SECs for their use during Local bodies’ election instead of loaning them from time to time, information regarding existing stock of ballot boxes have been sought from all the States and Union Territories. Before a decision is taken for transferring the ballot boxes to the SECs, procedure and modalities are to be worked out with M/o Law & Justice. Item No. 4

Recognition of political parties and allotment of symbols during local body elections.

Commission’s Legal Counsel, Shri S.K. Mendiratta explained the legal position in this regard which was appreciated by all the SECs. Item No. 5

Uniform Model Code of Conduct.

849

On this point also, Legal Counsel Shri S.K. Mendiratta, explained the present status. Discussions revealed that most of the SECs have implemented many provisions of the same during local body elections without any problem. Item No. 6

Autonomy for SECs

The general consensus was that ECI should continue to give its moral support to the SECs on this point.

Now the SECs are also meeting every six

months and are preparing a consolidated report to be submitted to the Ministry of Panchayati Raj. Item No. 7

Criminalisation of Politics All SECs, shared their concern with the Election Commission of

India about the growing criminalisation of politics. There was general agreement that persons undergoing trial for serious offences against whom charges have been framed by the competent court should be disqualified to contest the Election to Parliament, Assemblies and local bodies election during the pendency of their trial. However, the required amendment in law can only be made by the concerned Legislative Assembly or the Parliament. Additional Items discussed during the meeting 1. There was a request from many SECs that their Secretaries should not be deputed for observers duty by Election Commission of India. DEC Shri Anand Kumar, informed that whenever request from SEC were received to relieve their secretaries from observers duty, it was promptly done by the Election Commission. 2.

There was general consensus that it should make it convenient to use the assembly roll for the local body election if the qualifying date of 1 st January of every year is also fixed for the local body elections. In

850

case where this is not feasible, continuous updation by CEOs can provide remedy. 3.

There was a request from some SEC that all the Commissions publication should be given to SECs.

This was agreed by the

Commission and a set of Commission’s publications will be provided to all SECs. 4.

It was decided to form a committee of two-three CEOs, two-three secretaries of SECs, DEC incharge of Planning and Director(IT), Election Commission to workout the modality of making smooth conversion of election commission rolls into local body election rolls.

5.

There was demand from some of the SECs that atleast three four copies of printing rolls are required to manually cut and paste them etc. to convert that into local body rolls. Hence whenever there is a demand for availability of printed copies, the CEO should take requisite decision in consultation with SECs.

6.

Some SECs wanted to know the present status of state funding of elections.

CEC said that the Government letter to Election

Commission in this regard will be circulated to all SECs to elicit their comments/suggestions on the issues so that they can also be incorporated in the Election Commission recommendations to Government in this regard. The meeting ended with a vote of thanks to the chair.

851

COPY MOST IMMEDIATE F.NO.11019/8/04-Leg.II Government of India Ministry of Law and Justice Legislative Department *** Shastri Bhawan, New Delhi, Dated 2nd January, 2006. To The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi. Subject:-State Funding of Elections. Sir, I am directed to convey that the Union Cabinet in its meeting held on the 22nd December, 2005 has decided that the following proposals relating to State Funding of Elections may be sent to the Election Commission of India for its consideration with a view to building consensus amongst the recognized political parties:“(i) to recommend, in consultation with the recognized political parties, the quantities of the following items to be provided to recognized political parties or to the candidates set up by them taking into consideration the geographical features and means of communications available, etc., namely:(a) For recognized political parties: (i) Suitable rent-free accommodation for its headquarters. (ii) One rent-free telephone, with Subscriber Trunk Dialing facility with a specified number of telephone calls over and above the free calls permitted to any subscriber. (iii) The amount of time to be distributed on private cable television network and electronic media. (b) For Candidates of recognized Parties: (i) Specified quantity of petrol/diesel. (ii)

Specified quantity of paper of printing.

(iii)

Postal stamps of certain specified amount.

(iv)

For an assembly election, one set of loudspeakers and for a parliamentary election, one set of loudspeakers for every assembly segment, subject to a maximum of six such sets. 852

(v)

For an assembly election, one telephone with a specified number of free calls, and for a parliamentary election, at the rate of one telephone for every assembly segment, subject to a maximum of six telephones.

(vi)

On the day of poll, some minimum arrangements may be made for the candidates’ camps at each polling station.

(vii)

Supply of refreshments and food packets to the counting agents inside the counting hall.

(ii) to work out the scheme of distribution of the above said items so as to be in consonance with the Commission’s constitutional responsibility for conducting free and fair elections. The Centre and States both must share in the funding.” 2.

I am, therefore, to request you kindly to take appropriate action to consult the

political parties and forward the recommendations of the Election Commission of India to this Department at an early date. 3. A copy of the Press Brief indicating the background of the proposal is enclosed. Yours faithfully, S d./(N.K. Nampoothiry) Joint Secretary and Legislative Counsel Tel. No. 23384405

853

Ministry of Law and Justice Legislative Department *** PRESS BRIEF Subject: State Funding of Elections. … The question of removing money power in elections and the malpractices connected therewith has been receiving the attention of the Central Government for quite some time.

In 1972, the Joint Parliamentary Committee on Amendments to

Election Laws had suggested that steps should be initiated so that burden of legitimate election expenses at present borne by candidates or the political parties is shifted to the State. The Tarkunde Committee (1978) appointed by Citizens For Democracy had also suggested the form of financial assistance, which may be given through public revenue to the candidates. The Committee on Electoral Reforms (Dinesh Goswami Committee 1990) also recommended State funding of elections in kind only. The Law Commission of India in its 170th Report on Review of Election Laws (1999) recommended that in the present situation only partial State funding could be contemplated more as a first step towards State funding., On 7th June, 2004, the Hon’ble President in his address to the joint session of

2.

Parliament announced that as part of the Government’s commitment on electoral reforms, it would consider steps to introduce State funding of elections.

The State

funding of elections is also one of the items of the National Common Minimum Programme of the United Progressive Alliance Government. 3.

After considering the various aspects of the matter, it has been decided to

request the Election Commission of India to recommend, in consultation with the recognized political parties, the quantities of the following items to be provided to the recognized political parties or to the candidates set up by them taking into consideration the geographical features and means of communication available:(a) For recognized political parties: (i)

Suitable rent-free accommodation for its headquarters.

(ii) One rent-free telephone, with Subscriber Trunk Dialing facility with a specified number of telephone calls over and above the free calls permitted to any subscriber. 854

(iii) The amount of time to be distributed on private cable television network and electronic media. (b) For Candidates of recognized Parties: (i)

Specified quantity of petrol/diesel.

(ii)

Specified quantity of paper of printing.

(iii)

Postal stamps of certain specified amount.

(viii)

For an assembly election, one set of loudspeakers and for a parliamentary election, one set of loudspeakers for every assembly segment, subject to a maximum of six such sets.

(ix)

For an assembly election, one telephone with a specified number of free calls, and for a parliamentary election, at the rate of one telephone for every assembly segment, subject to a maximum of six telephones.

(x) On the day of poll, some minimum arrangements may be made for the candidates’ camps at each polling station. (x)

Supply of refreshments and food packets to the counting agents inside the counting hall.

The scheme of distribution of the abovesaid items will be worked out after receipt of the recommendations of the Commission.

855

MISCELLENEOUS

856

ITEM NO. 395 Election Commission's Letter No. 62/84, dated 06.11.1984 to Chief Secretaries to State/Union Territories, all Chief Electoral Officers and Ministries of Home Affairs and Law and Justice. Subject:

General Elections/Bye-elections - Guidelines for the conduct of Government servants

I am directed to invite your attention to sections 129 and 134 of the Representation of the People Act, 1951, relating to the conduct of Government servants during elections and to say that the Government of India as well as the State Government have been, before conduct of a general election, issuing instructions regarding the conduct of Government servants in relations to an election, stressing that all the Government employees should maintain an attitude of strict impartiality. 2.The Government employees should not only be impartial but should also appear to be so in relation to the elections. They are required to conduct themselves in such a manner as to inspire confidence in the public in regard to their impartiality so that there might not be any occasion for the people to think that the elections would not be held in a free, fair and pure atmosphere. It should be stressed that they should avoid giving room for any suspicion that they are favoring any party or any candidate. They are not expected to take part in any election campaign or canvassing and should take scrupulous care not to lend their names, official position or authority to assist one individual as against another or one group as against another. 3.With particular reference to the tours that the Ministers might undertake on the eve of the elections, it is necessary that while Government Officers should make all the usual arrangements to enable the Ministers to carry out their responsibilities as Ministers, the Government Officers should not themselves organize any election meetings or be present in person during any such meetings except those who may have to be present to the extent necessary for maintaining law and order and making necessary security arrangements. The question as to whether a public meeting addressed by a Minister is officially sponsored or is held for election propaganda has to be decided by the Minister himself. In the meeting, the arrangement for organizing it is to be made on the Minister's behalf unofficially and the expenditure in that connection is to be borne by him or his party. It is further made clear that a public meeting held on the eve of an election is normally to be considered to be an election meeting and the expenses thereof are not to be borne from public funds. The preservation of law and order at every meeting will, however, be the responsibility of the Government officials responsible for law and order. 4. In this connection I am also to enclose a copy of the Ministry of Home Affairs' O.M. No. 25/44/49- Ests, dated 1 0th October 1949, which clarifies the position regarding the participation of Government servants in political activities vis-d-vis the attendance by Government servants at political meetings, for your information. The contents of the 857

said O.M. may also be brought to the notice of all Government servants for their guidance. 5.In the matter of election meetings in a public place, the Government officers should not make any distinction between one political party and another in granting permission to hold such meetings. If more parties than one apply for holding a meeting at any place on the same day and at the same hour, the party which applies first should be given preference. 6.Further your attention is specially invited to the provisions of section 134-A of the Representation of the People Act, 1951, which reads as follows: "134-A Penalty for Government Servants for acting as Election Agent, Polling Agent or Counting Agent: If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election he shall be punishable with imprisonment for a term which may extend to three months with fine, or with both." 7.In this connection, I am also to forward herewith an extract of rule 5 of the Central Civil Service (Conduct) Rule, 1964, which inter alia prohibits the Government servants from taking part in politics and elections. It is presumed that similar provisions exist in the rules governing the conduct of Government servants of your State. 8.I am, therefore, to request that necessary instructions in the above regard may kindly be issued by the State Governments emphasizing upon the Government servants that any disregard of instructions would be considered by the Government as a serious act of indiscipline and that in cases of doubt a Government servant should not hesitate to consult his superior officer. 9.A copy of the instructions issued by the State Government may be forwarded for the Commission's record. The receipt of this letter may please be acknowledged. [The Commission's letter No. 62/79, dated the 13th November 1979 is hereby superseded.]

COPY

Ministry of Home Affairs O.M. No.25/44/49-Estts. dt. 10th October 1949 Subject: Participation by Government servants in political activities-attendance by Government servants political meeting Attention is invited to the Ministry of Home Affair's Office Memorandum No. 25/44/49-Estt., dated the 17th September 1949 dealing with the scope of rule 23 (i) of the Government Servant's Conduct Rules which lays down that no Government servant 858

shall take part in, subscribe in aid of, or assist in any way, any political movement in India. 2. Enquiries have been received as to whether attendance by a Government Servant at public meetings organized by political parties would amount to participation in a political movement within the meaning of the rule referred to. Even in regard to this narrower question the position must necessarily remain as stated in the Office Memorandum referred to in paragraph I, viz : (i) that whether or not the conduct of any particular nature amounts to participation in a political movement is a question of fact to be decided on merits and in the circumstances of each particular case; and (ii) that the responsibility for the Government servant's conduct must rest squarely on his shoulders and that a plea of ignorance or misconception at to Government's attitude would not be tenable. 3. The following observations may, however, be of assistance to Government servants in deciding their own course of action :(1) Attendance at meetings organized by a political party would always be contrary to rule 23 (i) of the Government Servant's Conduct Rules unless all the following conditions are satisfied: (a)that the meeting is a public meeting and not in any sense a private or restricted meeting. (b)that the meeting is not held contrary to any prohibitory order or without permission where permission is needed, and (c)that the Government servant in question does not himself speak, at or take active or prominent part in organizing or conducting the meeting. (2)Even where the said conditions are satisfied, while occasional attendance at such meetings may not be construed as a participation in a political movement, frequent or regular attendance by a Government servant at meetings of any particular political party is bound to create the impression that he is a sympathizer of the aims and objects of that party and that in his official capacity he may favor or support the members of that particular party. Conduct which gives cause for such an impression may well be construed as assisting a political movement. (3)Government servants have ample facilities through the medium of the press to keep themselves informed regarding the aims, objects and activities of the different political parties and to equip themselves to exercise intelligently their civic right, e.g. the right to vote at elections to Legislature or Local SelfGovernment institutions. 4. I am to request that Government servant under the control of the Ministry of Finance etc., may be informed accordingly. 859

To All Ministries of the Government of India etc., etc.

Extract of Rule 5 of the Central Civil Services (Conduct) Rules, 1964 "Rule 5. Taking part in politics and elections: (1) No Government servant shall be a member of nor be otherwise associated with any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. (2)It shall be the duty of every Government servant to endeavor to prevent any member of his family from taking part in, subscribing in aid of or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive or the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity he shall make a report to that effect to the Government. (3)If any question arises whether a party is a political or whether any organization takes part in politics or whether any movement or activity falls within the scope of subrule (2) the decision of the Government thereon shall be final. (4)No Government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority; Provided that(1)A Government servant qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted: (2)A Government servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force. Explanation: The display by a Government servant on his personal vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.

860

ITEM NO. 396 Election Commission's letter No. 437/7/84 dated 09.11.1984 to all Chief Electoral Officers. Subject: General Election/Bye election-constitution of Standing Committees of political parties at District level for securing their co-operation for revision of rolls and conduct of elections I am directed to say that after consultation with Chief Electoral Officers and in the light of past experience, it has been decided that there should not be multiplicity of Committees for election purposes and only on committee at the district level should be constituted for election purposes comprising representatives of National and State recognised political parties and district officials and higher level police officers in the district. 2.I am accordingly to request that immediate instructions may be issued for constitution of standing committee comprising representatives of National and State recognised political parties and district officials to enlist the co-operation of the parties (i) in the preparation of the electoral rolls and bringing them as up-to-date as practical; (ii) drawing of lists of polling stations; and (iii) for actual conduct of elections. 3.The meetings of the Committees can be held by the Chief Electoral Officers/District Election Officers/Returning Officers concerned at different stages, e.g. (1) at the time of draft publication of the rolls (2) before the final publication of the rolls, (3) preparation of lists of polling stations and (4) during conduct of elections. 4.Necessary instructions may be issued to the District Election Officers etc., to hold regularly meetings with the representatives of National and State recognised political parties and also the contesting candidates at the elections to sort out any problem that may be faced by them in the conduct of election. The meetings of the above committees may be held as many times as possible and particularly during the general election and revision of rolls. 5.Minutes of the meetings may also be prepared and kept for record. 6.A Report to the effect such meetings are being held regularly may be sent to the Chief Electoral Officer by concerned officer. 7.The recognised political parties are being addressed separately for necessary action on their part. 8.The earlier instructions contained in the Commission's letter No. 56/4/79 (PP), dated 26th September 1979 may be treated as superseded. 9.The receipt of this letter may kindly be acknowledged.

861

ITEM NO. 397 Election Commission's letter No.22/2/91 dated 02.05.1991 addressed to the Chief Electoral Officers of all States (except J & K) and Union Territories. Subject: Marked copy of the electoral rolls supplied to the Polling parties regarding I am directed to state that representations have been received that there are arbitrary deletions of entries in the electoral rolls used in the polling stations. Commission once again reiterates its instructions that the copy of the electoral roll used at the polling booth as "MARKED COPY" should be the same as that carried by the polling agents of parties and candidates. For this purpose, the following instructions of the Commission may be brought to the notice of all Electoral Registration Officers, Returning Officers and Presiding and polling officers in your States/Union Territory: 1.Copies of electoral rolls supplied to political parties and others should be IDENTICAL with the copy of the electoral roll used at the polling booth for taking election; 2.Political parties should be supplied with all supplements due to additions, deletions etc. made till 26-4-1991 and while supplying such supplements they should be clearly informed in writing that mother roll contains so many supplements of additions/deletions/corrections and that the parties should incorporate the deletions and corrections in the mother roll of each part by scoring out the names of persons in the deletion list and correcting the entries found in the supplement relating to 'Corrections'. So far as inclusions are concerned, since their serial numbers are in continuation of the serial numbers in the original part of the electoral roll, such supplements relating to INCLUSIONS may be kept below the original part. 3.Each polling party should be supplied with 4 sets of electoral roll relating to polling booth if the election is a single election and 5 sets if the election is simultaneous (vide Commission's letter No. 22/2/ 87, dated 4-5-1987) and all such sets shall be IDENTICAL in the sense that each set shall (a)have the deletions made in RED INK in the basic roll (b)correction carried to the entries in the basic roll on the basis of supplements relating to corrections; and (c)the entries relating to "EDC" and "PB" made against the names of electors to whom EDC and Postal Ballots are issued. 4.One of the said 4-5 sets should be used as "MARKED COPY" at the polling booth and this copy should be preserved safely. Of the remaining sets, one or two sets may be shown to the agents and candidates present before commencement of poll so that they may compare the entries, deletion and corrections and if necessary to note the same in their copies. If so demanded these copies may be exhibited near the polling booth for public information till the polling is over. However, Presiding Officer should not supply any copy of the roll to any agent or candidate; but should allow only inspection. 862

5.The Presiding Officer should be able to explain each and every entry mark made in the copy of the roll and for this purpose each Presiding Officer should be supplied with all supplements relating to DELETIONS/INCLUSIONS/CORRECTIONS. 6.The Returning Officers should also allow inspection of the complete roll of the constituency as corrected above in his office. 7.During the Training Classes of Polling personnel, the above instructions should be brought to the notice of all polling personnel. Kindly acknowledge receipt.

863

ITEM NO. 398 Election Commission's letter No. 437/6/92, dated 05.10.1992 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: Constitution of Standing Committees of Political parties at district level for securing their co-operation for revision of electoral rolls and conduct of elections I am directed to invite a reference to the Commission's letter* No. 437/6/84, dated the 9th November, 1984 reproduced as item V in the "Consolidated Instructions of the Election Commission of India in connection with conduct of elections" and to state that a clarification has been sought by one of the Chief Electoral Officers whether registered parties are also to be associated in the district level Committees. The doubt has allegedly arisen in view of the fact that the commission's letter No. 437/6/84, dated 13th November, 1984 reproduced as Item VI in the Consolidated Instructions mentioned above is addressed to all the National, State and Registered political parties. 2.It is hereby clarified that only recognized parties - both National and State - be associated with the District Level Committees for election purposes. Please note that registered political parties shall not be associated with such District Level Committees. 3.Please acknowledge receipt and confirm action taken.

864

ITEM NO. 399 Election Commission's Letter No. 464/93 (INST) dated 30.03.1993 addressed to (1) the Chief Secretaries of all States and Union Territories (2) the Chief Electoral Officers of all States/Union Territories. Subject: Conduct of Enquiry into complaints During the process of elections and election related work like the revision of electoral rolls, the Commission receives a number of complaints from political parties, contesting candidates, electors, voluntary organizations and other alleging irregularities or violations of electoral law, codes, standing instructions of the Commission. Since the Commission does not have any offices of its own any where in the country, these complaints are normally sent to the Chief Secretaries and Chief Electoral Officers of the State and Union Territories for enquiry and report. 2.Instances have come to the notice of Commission in which the Chief Secretaries and the Chief Electoral Officers endorse these complaints routinely further down in the hierarchy for inquiry, as a result of which, more often that not, these complaints are handled by those very officials against whom they are alleged. To compound the matter further the explanations/so called findings arrived at by the officials at State or District levels and even below, are simply forwarded to the Commission by the Chief Electoral Officers and/or the Chief Secretaries, without any application of mind at their own level, and without giving their own analytical comments/findings. 3.The Commission does not find the above practice as acceptable. The Commission directs that the Chief Secretaries and the Chief Electoral Officers, when asked by the Commission to enquire into complaints and representations, should in the first instance enquire into the allegations either themselves or with the help of such senior State level officials as are likely to display independence of judgment and objectivity. The Commission also expects that when forwarding the reports of the inquiry the Chief Secretaries and/or the Chief Electoral Officers should apply their own mind and give their own findings or conclusions to the Commission. 4.Please acknowledge receipt of these instructions and send copies of any consequential orders issued on them, to the Commission for information and record.

865

ITEM NO. 400 Election Commission's letter No. 62/ESO14/94/RS.I, dated 14.09.1994 addressed to Chief Secretaries and CEOs of all States and UTs. Subject: Training classes for staff detailed for election work ORDER For ensuring the purity of electoral process and the smooth conduct of the election, all the election related officers, from the level of the Chief Electoral Officer, Returning Officers to the level of Presiding Officer and Polling officer and from the highest level of functionary in the Police Administration to the lowest level of constable play a key role. 2.The smooth conduct of any election requires a great deal of advance preparation, perfect planning and proper coordination amongst the various levels of functionaries of different departments and correct understanding by every functionary of the role assigned to him. This calls for a perfect team work and absolute understanding amongst the members of the team in order that this objective is achieved. 3.The Commission has been directing the Chief Electoral Officers and the District Election Officers to organize training programmes with practical rehearsal on the various steps involved in the conduct of elections. Attention in this connection is invited to Para 12 of chapter XI of the Handbook for Returning Officers. 4.The quality of training will vary with the level of the group of Officials for whom the training is being organized. It is of utmost importance for every official associated with the conduct of elections that he should have a clear idea of the relevant provisions of the Constitution, the Representation of the People Acts of 1950 and 1951, as also the rules made there under. In addition, the Commission has been issuing various directions and instructions from time to time on a variety of aspects covering the entire gamut of elections, and more specifically those relating to the code of conduct to be observed by the parties, candidates and their agents, the rules that should govern the conduct of Government Servants, curbs on misuse of unaccounted financial resource limits, on election expenditure of the candidates, proper maintenance of law and order during election period identification of sensitive constituencies, special measures to prevent booth capturing, special drives to unearth illegal arms, restrictions on grant of new arms licenses, surrender of arms during specified periods, restriction on the sale of liquor during election period, regulation of vehicular traffic during elections and on the day of poll, prevention of defacement of public and private property, restrictions on use of loudspeakers and vehicles, the procedure for counting, the obligation of Returning Officers to get the Commission's permission for commencing counting and declaring results and so on. 5.Needless to say, all Officers, civil as well as police, should be through with such directions and instructions of the Commission, which alone will enable them to enforce those directions and instructions. 866

6.With a view to familiarising fully the Officers of the law and order organisations, both in the District police set up as well as such other police organisations as may be involved in the conduct of elections, with the prescribed procedures, provisions of law and the Commission's standing and specific orders, directions and instructions, the Election Commission hereby directs that Police Officers from the level of Superintendent of Police to the level of Sub-Inspector shall also be compulsorily trained on the conduct of elections. 7.The training for the Police Officers shall be held separately, where, apart from their responsibility for maintaining proper law and order during the entire periods starting with the announcement of elections and till the completion of elections, the necessity of ensuring the strict implementation of the various standing and specific orders, directions and instructions of the Commission calculated to ensure a peaceful, free and fair election should be emphasised, Special attention should be drawn particularly in respect of, but not restricted to orders which need the active involvement of the Police for implementation, such as the standing orders/directions/instructions in regard to the identification of sensitive constituencies, seizure of illegal arms, surrender of licensed weapons, closure of liquor shops, restrictions on the use of vehicles, ban on use of any vehicle for transporting the elector on the day of poll. The Police Officer should also be given a training on the aspects relating to conduct of poll and counting so that they acquire a working knowledge of the duties of Polling and Presiding Officer and counting personnel and the statutory authority under which they work so that the Police Officers on duty can appreciate the action required to be taken by them and election-related functionary in the event of any infraction. The Police Officers should also be sensitised to the necessity for the strict implementation of the Model Code of Conduct, prevention of defacement of property, restrictions on the use of loudspeakers, unauthorised incurring of election expenditure in violation of Section 171 H of the Indian Penal Code, publication of election pamphlets and posters in violation of section 127A of the Representation of the People Act, 1951 and the necessity for ensuring that the electioneering does not result in trampling on the rights of the citizens to have a peaceful life and public peace and tranquility is not disturbed. 8.Action to be taken in the event of any person found impersonating any other elector, entering the polling station without authorization of either the Returning Officer or the Election Commission and the preventive action necessary for curbing rigging and booth capturing should also be impressed upon. As immediate action against any violation will not only contain the situation but will also have a deterrent and demonstration effect, the Police Officers shall be directed to take the most expeditious and severe action as soon as any violation of the law and the Commission's orders/ directions/ instructions come, or are brought, to their notice. Effective development and the need for coordination with the counterparts in the civil administration shall also be highlighted. 9.For imparting such training, the Senior Superintendent/Superintendent of Police shall request the District Election Officer/Returning Officer to conduct such specialised training and rehearsals. 867

10.The Senior most officer of the civil administration and the senior most officer of the police administration shall preside over the training programme, as is appropriate with reference to the level of the trainees. 11.Failure to abide by the above order will be viewed as a grave lapse and will be visited with almost serious and severe disciplinary action against the guilty and all other action available to it under the law. 12.Receipt of this order shall be acknowledge forthwith.

868

ITEM NO. 401 Election Commission's order No. 56/96/JUD-II, dated 15.03.1996. Subject: Supply of documents- coping charge/inspection charge officer order OFFICER ORDER 1. In supersession of the Commission's office order No. 56/96/JUD-II dated 23.4.1993 and all other instructions issued in this behalf, the following instructions shall be followed in the Secretariat of the Commission for allowing the inspection of the Commission's records and for furnishing certified copies of document from such records to the political parties, members of Parliament and State Legislatures, candidates, advocates, members of public, etc. (A) 2. Records relating to cases in which the Commission acts in a quasi-judicial capacity, (including (1) References from the President and the Governors under Articles 103(2) and 192(2) of the Constitution,^) Reference from the President under section 8A(2) of the Representation of the people Act, 1951, (3) Disputes relating to recognised National and State parties in terms of paras 15 and 16 of the Election Symbols (Reservation and Allotment) Order, 1968, (4) Applications/petitions for removal of disqualification under section 11 of the Representation of the people Act, 1951, (5) Other matters raised in terms of Article 324 of the Constitution, etc.) 2.1Subject to any general or special direction as may be given by the Election commission at any time in any particular case, a party to any case and who has appeared before the Commission shall be allowed to inspect or get copies of all pleadings and other documents or records relating to such case, on application made to the Commission and on payment of such fees as may be prescribed hereunder in para 4.1. 2.2Subject to the provisions of para 2.1, the permission for such inspection or furnishing of copies shall be given by the Deputy Election Commissioner in charge of the particular case or, in his absence, by any other Deputy Election Commissioner and, in the absence of all Deputy Election Commissioners, by the Election Commission itself. 2.3The Election Commission on application of a person who is not a party to the abovementioned case, may, on good cause shown, allow such person to inspect or to obtain copies of documents, etc., mentioned in para 2.1 above on payment of prescribed fees. 2.4The inspection of any documents, etc., under para 2.1 or 2.3 shall be allowed only in the presence of an officer not below the rank of Secretary to the Commission. Copies of documents, etc,, furnished under the said paras shall be certified as true copies by the Under Secretary dealing with the case or, in his absence, by the Secretary in charge of that case. 869

2.5No record or document filed in any case shall, without the leave and prior written approval of the Election Commission, be taken out of the custody of the Election Commission. 2.6 Unless otherwise directed by the Election Commission, certified copies of the orders, interim or final, of the Commission in any case (other than the opinions of the Commission to the President or Governors in the Reference cases mentioned above), shall be allowed, by the authority specified in para 2.2 above, to be furnished to any applicant subject to the payment of the prescribed fees. (B) 3.

Other records. 3.1The applicant in his application shall specify the nature of the document or documents which he desires to inspect or which he wants to obtain copies. 3.2If the applicant in not entitled to inspection of such documents or obtain copies thereof as a matter or right under some express provision of the law, the application shall clearly disclose that the applicant has direct and tangible interest in such document or documents and shall also disclose the nature of such interest with full detail. 3.3The applicant shall state the purpose for which he desires inspection or copy of a document, though the permission to inspect or supply copy may not be rejected or upheld solely depending upon the purpose for which the inspection or copy is sought, the purpose would have an important relevance in determining whether the interest set up is real or illusory. 3.4An application for inspection or supply of copy of a document may be rejected if the applicant does not posses a direct and tangible interest in the document but by the inspection or copy of the document his interest in some other matter may be better served or advanced. 3.5After the applicant satisfies the Commission about his right or interest in the inspection or copy of document as aforesaid in paras 3.1 to 3.4, his application may be allowed if the document in his question is not of such nature as the disclosure of information contained wherein would cause injury to the public interest. Such public interest would include proper functioning of public services and freedom of expression of public servants. The application shall be rejected if the disclosure of the information in the documents would be opposed to public interest. 3.6Where the inspection is sought of certain documents forming unpublished official records of the Commission, the orders of Election commission in writing shall be invariably obtained. The orders of the Election commission shall also be obtained in writing when inspection is sought of documents part of which are published, while the rest are 870

unpublished records. The published or unpublished and circumstances of the the Election commission's

question whether a particular documents is document would be determined on the facts case and nature of document in question and decision shall be final.

3.7No inspection shall be allowed of the nothings portion of any file, unless so specially ordered by the Election Commission in writing. 3.8In the case of published records, like the published Reports of the Commission, press notes and documents annexed thereto, notification published in the official Gazettes, etc. the application may be disposed of by secretary dealing with the case or, in his absence, by the Deputy Election Commissioner at his own level. (C) 4. Fees for inspection and supply of certified copies. 4.1

The fees for inspection of document and for supply of copies will

be as under:(1) a fee of five rupees per hour or part thereof shall be charged for inspection of documents, and (2) (a) a fee of Rs. 1 /- per page shall be charged for supply of any document, if the copy supplied is a Photostat or cyclostyled copy of the document: or (b) a fee of Rs. 1-/ for every 100 words or part thereof shall be charged for the supply of any document, if the copy supplied is a typewritten copy of the document. 4.2All such receipts shall be credited to the account head, "0070-other Administrative services- Miscellaneous receipts- Inspection fee/fee for supply of documents". 4.3The inspection of records, if allowed, will take place only in the presence of an officer, not below the rank of Secretary, after the applicant has produced the necessary challan to show that the requisite fee for the purpose has been deposited with the cashier, Election Commission, Nirvachan Sadan, New Delhi110001.

871

ITEM NO. 402 No. 12/6/98-JCA Government of India Ministry of Personnel RG. & Pensions Department of Personnel & Training Dated The 4th February, 1998

OFFICE MEMORANDUM Subject: Closure of Central Government Offices in Delhi / New Delhi in connection with the Lok Sabha Elections, 1998 All Central Government Offices including Industrial Establishment, located at Delhi / New Delhi, shall remain closed on Monday, the 16th February, 1998 in connection with General Elections to the Lok Sabha. 2. All Ministries Departments may bring these instructions to the notice of all Concerned. (MRS. BHAVANI THYAGARAJAN ) DIRECTOR 1.All Ministries/Departments of Government of India. 2.UPSC/CVC/C&AG/Supreme Court/High Court/Lok Sabha/Rajya Sabha Sect./President's Secretariat/ Vice President's Sectt./PM's Office/Central Administrative Tribunals/National Commission for SCs, STs, Commissioner of Linguistic Minorities. 3.All attached/Subordinate offices of Ministry of Personnel, Public Grievances & Pensions/MHA. No. 12/6/98-JCA Government of India Ministry of Personnel RG. & Pensions Department of Personnel & Training, New Delhi Dated : The 4th February, 1998 Subject: General Election to Lok Sabha and Some o the State Assemblies during February-March 1998 The undersigned is directed to say that the General Elections to Lok Sabha and some of the State Assemblies are being held during February-March, 1998. Closure of Central Government offices is to be regulated by the standing 872

guidelines issued vide O.M. No. 12/4/86-JCA dated 9.3.1987. A copy of the guidelines is enclosed for ready reference. These instructions are applicable in respect of Central Government Industrial Establishments also. 2. Ministries / Departments may please bring these instructions to the notice of all concerned. Hindi version follows. (MRS. B. THYAGARAJAN) DIRECTOR 1.All Ministries/Departments of Government of India. 2.UPSC/CVC/C&AG/Supreme Court/High Court/Lok Sabha/Rajya Sabha Sectt./President's Secretariat/ Vice President's Sectt./PM's Office/Central Administrative Tribunals/National Commission for SCs, ST, Commissioner of Linguistic Minorities. 3.All attached/Subordinate offices of Ministry of Personnel, Public Grievances & Pensions/MHA. 4.Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi (10 spare copies). 5.Chairman/ Secretaries, Central Govt. Employees Welfare Coordination Committee. 6.All Staff Side Members of the National Council (JCM). 7.All Staff Members of the Departmental Council (JCM)

Annexure Guidelines for closure of Central Govt. Offices in connection with elections to Parliament / State Assemblies / local elections. Circulated vide OM No : 12/4/86-JCA Dated : 9th March, 1987 General Elections to Lok Sabha/ State Assemblies II.

Bye-Elections Lok Sabha

1.

Facilities / Privileges to Central Government

Employees; (a)

Holiday / Closure of Offices:

In connection with general Election to Lok Sabha or a State Assembly a local holiday is usually declared by the State Government on the date(s) of polling, if held on day(s) other than Sunday or other closed holiday. When such a holiday is declared, the Central Government offices located in such places should also be closed on the polling day(s) in accordance with the practice adopted by the State Government. 873

(b)

Grant of Special Casual Leave:

Every eligible voter is entitled to be registered in the electoral roll of a constituency in which he ordinarily resides. In some cases, it may happen that the Central Government employee residing, and enrolled as a voter, in a particular place / constituency, say Delhi, (where the election is to be held), may be employed in any office located at some other place, say, Faridabad / Ghaziabad etc. In such cases, the individual Central Government employee may be granted special casual leave, if his office does not happen to be closed on that particular day, to enable him to exercise his franchise. 11 (a) Holiday / Closure of offices :State Government normally declares a local holiday in that (II) State Assemblies III. Panchayat/Corporation Municipalities or other local bodies particular area / constituency on the polling day (s) if the election is held on day(s) other than Sunday/closed holidays. Central Government offices may also follow the State practice in such cases. (b)

Grant of Special Casual Leave :

Permissible on the same grounds / circumstances as in the case of general elections, (of 1 (b) above.) (a)

Holiday / Closure of offices :

In bye-elections to State Assemblies. Central Government offices should not be closed. It would be sufficient if only those Central Government employees who may be placed on election duty are permitted to absent themselves from office on the polling day(s). All other employees should be given facility to exercise their franchise either by way of coming late to office or by being allowed to leave office early or a short absence on that day, subject to the exigencies of the service. (b)

Grant of Special Casual Leave :Permissible on the ground / circumstances as in the case of general elections (of 1 (b) above).

III. The Central Government offices shall not be closed. The Government employees who are bonafide voters and desire to exercise their franchise should however, be offered reasonable facility, subject to the normal exigencies of service, either by way of coming late to office or by being allowed to leave office early or a short absence on that day. Note : Heads of Central Government offices located in places outside Delhi may also, permit the staff detailed on election duty to remain away from their normal duties on polling day(s) as also on the day(s) required for performing journeys which might be undertaken in order to perform such election duty.

874

ITEM NO. 403 Election Commission's letter No. 4/98-J.S. II dated 15.10.1998 addressed to CEOs of all States and UTs. Subject: Meaning of "Competent Court" referred to in Rule 93(1) of the Conduct of Elections Rules, 1961-Clarification regarding I am directed to invite your attention to sub-rule (1) of rule 93 of the Conduct of Elections Rules, 1961 which stipulates that the election papers referred to there under shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the orders of a Competent Court. The Commission has been receiving queries seeking clarification about the meaning of the word "Competent Court". 2.It is hereby clarified that "Competent Court" within the meaning of sub-rule (1) of rule 93 of the Conduct of Elections Rules, 1961 is any court having jurisdiction to try electoral offences etc. for the prosecution of which the documents mentioned in the said rule are required. 3.This also clarifies the reference to "Competent Court" made in the Commission's instructions at para 10.1 of Chapter XVIII of the Handbook for Returning Officers, 1998 pertaining to disposal of election papers. 4.The above clarification may be brought to the notice of all concerned in your State/Union Territory for their information and guidance. 5.Kindly acknowledge receipt.

875

ITEM NO. 404 Election Commission's letter No. 218/6/98/PLN-I dated 25.11.1998 addressed to 1 .Secretary to the Govt. of India, Ministry of Law, Justice & Company Affairs, (Legislative Department) New Delhi, Chief Secretaries & CEOs of all States & Union Territories Subject: General Elections/Bye Elections to the House of the People & Legislative Assemblies - Payment of ex-gratia compensation to the families of polling personnel who die or sustain injuries while on election dutyregarding I am directed to invite your attention to Commission's letter No. 218/6/96-PS-II, dated 8th October, 1996 (copy enclosed for ready reference) on the subject cited and to state that Central/State Governments were advised therein that quantum of compensation to be given to the families of polling personnel in the event of their death/injury while on election duty may be decided by them on the line of model adopted by the Government of Andhra Pradesh. The Commission has further examined the matter and keeping in view the fact that drivers, helpers, cleaners actually employed on vehicles not owned by State or Central Government or their Undertakings requisitioned for election purpose also perform their duties similar to polling personnel, they should also be treated as polling personnel on election duty. The Commission, therefore, desires that reasonable and generous compensation to the families of drivers, helpers, cleaners who die or are injured while on election duty and when actually employed on vehicles requisitioned for election purpose, may also be granted benefits on the same criteria, as in the case of polling personnel. Kindly acknowledge the receipt.

876

ITEM NO. 405 Election Commission's letter No. 78/99/PLN-I dated 06.04.1999 addressed to Chief Secretaries and CEOs of all States and UTs, The Secretary to the Govt. of India, Ministry of RR&R Deptt of Personnel & Training, New Delhi. Subject: Grant of Paid holiday to employees on the day of poll - regarding I am directed to invite your attention to Commission's letters No. 78/84, dated 9.11.84 and No. 78/ 87 dated 31.3.1987 as reproduced In Compendium of Instructions on Conduct of Elections-1 998 as items No.85 & 86 regarding declaration of holiday(s) on the poll day(s) by the Central/State Governments in connection with General Elections and Bye Elections to the House of the People and State Legislative Assemblies. 2. The Representation of the People Act, 1951 has been amended in August, 1996 and a new Section 135B has been added to the Act. The Section 135B is reproduced below: "135B. Grant of paid holiday to employees on the day of poll-(1) Every person employed in any business trade, Industrial undertaking or any other establishment and entitled to vote at election to the House of the People or the Legislative Assembly of a State shall on the day of poll be granted a holiday. (2)No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day. (3)If an employer contravenes the provisions of sub-section (1) or sub- section (2), then such employer shall be punishable with fine which may extend to five hundred rupees. (4)This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged" 3.The above provisions require that all establishments and shops shall be closed on the day of poll in the Constituency where a General Election/bye-election is to be held. However, there may be cases where a person is ordinarily resident of the Constituency and registered as an elector, may be serving/ employed in an industrial undertaking or an establishment located outside the Constituency having a general/bye- election. It is clarified that in such a situation, even those electors including casual workers working outside the Constituency concerned would be entitled to the benefit of a paid holiday extended under the Section 135B(1) of R.R Act, 1951. 4.Further, there are industrial undertakings/establishments which are working on shift basis. A doubt has been raised whether paid holiday is to be declared only for the period/shift during which a poll is to be taken and not for other shifts which may 877

commence after the conclusion of the poll. It is clarified that a holiday may be declared only for the shift during which a poll is to be taken. However, it should be ensured that there should be sufficient time gap between the close of poll and commencement of the shift duty. 5.The daily wage/casual workers are also entitled for a holiday and wages on poll day as provided in Section 135B of R.P Act 1951. 6.The Commission desires that suitable instructions should be issued to all concerned and a copy thereof be endorsed to the Commission for its information and record. The receipt of this letter may please be acknowledged.

878

ITEM NO. 406 Election Commission's letter No.51/8/99-Vol.-III dated 02.06.1999 addressed to CEOs of all States and UTs. Subject:

Use of electronic voting machines in elections-period of retention thereof

I am directed to state that the Electronic Voting Machines (EVMs) have been used in selected constituencies in the recently held general/bye-elections to the State Legislative/Assemblies of Madhya Pradesh, Rajasthan and NCT of Delhi. Having received encouraging feedback from the political parties and the general public about the efficiency of the EVMs the Commission is considering to use the EVMs in future elections in as many Constituencies as possible. In the meantime, there have been references from the CEOs of the States where these machines have been used regarding the period for which the EVMs are to be retained before using them in subsequent elections. The matter has been considered. 2. Rules 92(1 A) 93(1 A) and 94(aa) of the Conduct of Elections Rules, 1961 provide as under: "92 (lA): All voting machines used at an election shall be kept in the safe custody of the concerned District Election Officer" "93 (1 A) The control units scaled under the provisions of rule 57C and kept in the custody of the District Election officer shall not be opened and shall not be inspected by or produced before any person or authority except under the orders of a competent court." "94(aa) The voting machines kept in the custody of the District Election officer under sub-rule (1 A) of rule 92 shall be retained intact for such period as the Election Commission may direct and shall not be used at any subsequent election without the previous approval of the Election Commission." 3 Taking all the relevant factors into account, the Election Commission hereby directs under rule 94(aa) of the Conduct of Elections Rules 1961 as follows :(i) Every voting machine (EVM) used in an election and kept in the custody of the District Election Officer shall normally continue to be kept in such custody for a period of six months from the date of declaration of the result of the election. (ii) In the case of elections, where no election petitions have been filed or no other court cases are pending, after the expiry of the said period of six months the machines may be used for any future election. (iii) In the case of election where election petition has been filed the voting machines used at all polling stations in the constituency concerned shall continue to be kept in the safe custody of the District Election officer, till such time the election petition is finally disposed of by the courts. 879

(iv) If any other court case is pending like booth capturing, etc. in which any EVM is involved, the EVM concerned or the EVM(s) used at such polling station(s) concerned may also be kept till the final disposal of the said case. (v) After the final disposal of the election petitions or, as the case may be other court cases referred to clauses (iii) and (iv) above, the voting machines can be used for subsequent elections. (vi) Notwithstanding anything contained in clauses (i) and (ii) above if the machines used at an election in respect of which no election petition has been filed, are needed for use at any subsequent election before the expiry of the period of six months referred to therein, the Election Commission may by special direction permit these machines to be so used. 4. The Commission further directs that the alkaline batteries which have been used in the voting machines in an election shall not repeat not be used in any subsequent elections. The used batteries can however be used for the purpose of giving training on the functioning of voting machines. 5.

These directions shall be brought to the notice of all concerned for immediate compliance. Kindly acknowledge receipt.

880

ITEM NO. 407 Election Commissions letter No. 49/2000/ J.S.II dated 12.12.2000, addressed to the Chief Electoral Officers of all States/UTs Subject:

Instructions for disposal of surplus and waste ballot papers Amendments

I am directed to invite your attention to the Commission's instructions in para 13 of Chapter XVIII (Miscellaneous) of the Handbook for Returning Officers, 1998 (para 14 of the said Handbook for EVMs) regarding the manner of disposal of surplus and waste ballot papers. As per the said instructions, the surplus and waste ballot papers, alongwith floor sweeping in the Govt. Press, are to be destroyed by burning in the presence of the Chief Electoral Officer himself or of a Senior Officer duly authorized by him in writing. Further, if the Govt. Press is situated at a District Head Quarter away from the State capital, the destruction of the surplus and waste ballot papers alongwith floor sweeping, should be done by burning in the presence of the District Collector/District Magistrate/Deputy Commissioner or a Senior Officer authorised by him. 2.The above instructions have been reviewed in the light of the air-pollution created due to burning of huge quantity of paper in an open area. The Commission has, therefore, directed that the surplus and waste ballot papers alongwith floor sweeping kept in Govt. Press should hereafter be shredded and made into pulp instead of burning. This should be done in the presence of the Chief Electoral Officer himself or a Senior Officer duly authorized by him in writing, if the Govt. Press is situated in the State capital. As regards destruction of surplus and waste ballot papers at the Govt. Press at a District Head Quarter, this should be done in the presence of the District Election Officer or a Senior Officer not below the rank of Sub Divisional Magistrate duly authorised by him in writing. The shredded material may be sold to the Khadi and Village Industries Commission or similar Govt. funded Organisations to the best advantage of the Govt in preference to selling them through public auction. 3.In view of the above, para 13 of Chapter-XVTO (Miscellaneous) of the Returning Officer's Handbook (1998), and para 14 of Chapter-XVIII (Miscellaneous) of the Returning Officer's Handbook (where EVMs are used), may be substituted by the revised paragraphs as given in the Annexure hereto. 4.These amendments may also be brought to the notice of the Returning Officers, District Election Officers and other election related authorities for information and strict compliance. 5.This disposes of letter No. 3216/Elecs./F/2000-l, dated 16-11-2000 from Chief Electoral Officer, Andhra Pradesh. 6.The receipt of this letter may be acknowledged immediately.

881

ITEM NO. 408 Election Commissions letter No.576/3/2001/JS-II dated 10.07.2001. addressed to the Chief Electoral Officer all States & Union Territories. Subject: Election Petition No.1 of 1996 - Shri Dibyendu Biswas Vs. Robin Deb & Others - Directions of the High Court at Calcutta - Commission's instructions - regarding I am directed to invite your attention to the Commission's instructions contained in paragraphs 5, 6 and 10 of Chapter XVIII (Miscellaneous) of the Handbook for Returning Officers, wherein it has been prescribed that all election papers referred to in sub-rule (2) of Rule 92 of the Conduct of Elections Rules, 1961 should be kept in the respective packets separately for each constituency / segment duly sealed in steel trunks under the safe custody of District Election Officer. These election papers / documents shall be retained for the period as prescribed in paragraph 10.2, 10.3 and 10.4 of Chapter XVIII of the said Handbook. Where an election petition is pending for trial by High Court or any other matter in respect of an election is pending adjudication by the court, the papers relating thereto should not be destroyed until the expiry of three months from the date of final disposal of such petition or matter. The Returning Officer should take special care so as to ensure that ballot papers, both used and unused including postal ballots, are not mixed up while sealing the packets separately as directed in paragraph 29 of Chapter XIV-A and paragraph 31 of Chapter XIV-B of the said Handbook. 2. These instructions of the Commission are required to be strictly followed by all Returning Officers. It has, however, been observed by the High Court at Calcutta, in its order passed on 9th May, 2001, in election petition No. 1 of 1996 (Shri Dibyendu Biswas Vs. Robin Deb & Others) that there was no compliance by the Returning Officer concerned in terms of the instructions of the Commission for preserving the ballot papers and other election documents. The Hon'ble court further gave the following directions for circulation of the same to all the election officials involved in the counting and also the District Election Officer for compliance : "1. All the ballot papers both used and unused including postal ballots, rejected ballots, cancelled ballots, tender ballots, wherever ballot papers are used in any election, and all the documents and papers relating to the election shall be preserved separately for each constituency whether Parliamentary segment or Legislative Assembly segment in a sealed trunk and / or receptacle and / or packets whichever may be convenient, immediately after counting for a period of at least 45 days from the date of declaration of result irrespective of the provision of Rule 94 of the Conduct of Elections Rules, 1961 and litigation being pending in relation to any constituency. 2.In the event there by any substantial discrepancy in numbers recorded in Form 16 Part I & II and Form 20A (20) in case of use of ballot papers, then on any application being made by any of the parties for recounting it shall be duty of Returning Officer to 882

entertain such application and dispose of and if necessary shall undertake recounting in appropriate cases. 3.The Returning Officer shall ensure that under no circumstances ballot papers, both used and unused including postal ballots if ballot papers are used in election, shall get mixed up with other constituencies after counting is over." 4.The Commission directs that the above instructions of the Commission and the directions of the Hon'ble High Court at Calcutta may be brought to the notice of all District Election Officers, Returning Officers, Assistant Returning Officers and other election authorities in your State / Union Territory for strict compliance at all elections. 5.The receipt of this letter may kindly be acknowledged.

883

ITEM NO. 409 Election Commission's letter No.22/2/2001 dated 16.04.2001 addressed to the Chief Electoral Officer of West Bengal, Kolkata. Subject: Marked copy of the electoral rolls supplied to the Polling parties Regarding References:

1.

No. 22/2/91 dated 2nd May, 1991, addressed to the Chief Electoral Officers of all States (except J & K) and Union Territories; and

2.

No.485/States/Comp/16/98 dated 10th September 1998 addressed to the CEOs of Delhi, Madhya Pradesh. Mizoram, Rajasthan

Kindly refer to your letter No. 781 -Home (Elec.)/R3E-1 /2001 (Pt. 1) dated 1 * April, 2001, on the subject, seeking clarifications whether the guidelines contained in Commission's letter No. 22/2/91 dated 2nd May, 199, first cited above, should be followed for preparation of WORKING COPIES/MARKED COPY of electoral rolls for conduct of elections. 2.The Commission had issued revised instructions in 1998 about preparation of additional supplements of Additions, Deletions and Corrections made after final publication of rolls and till the last date for making nominations, and the preparation of marked copies/working copies of electoral rolls on the basis of such supplements for an election from any constituency prior to the General elections to the Legislative Assemblies of NCT of Delhi, Madhya Pradesh, Mizoram and Rajasthan vide Commission's letter second cited. A copy of that letter is enclosed for your ready reference. 3.According to the above referred instructions, whenever it becomes necessary to print from the computer data base an additional supplement, after final publication or roll, to reflect the changes in the electoral rolls due to Additions, Deletions and Corrections made during continuous revision upto the last date for making nominations for an election, no deletions or corrections should be made in the mother/integrated roll or the relevant supplement, by scoring out by hand the relevant entry or correcting it in red ink. Instead, the following procedure should be followed:(i) In case of deletions an asterisk ( * ) should be marked by hand against the entry relating to the person concerned in the integrated roll or in the relevant supplements thereto along with the serial number of the corresponding entry in the deletion list; (ii) Similarly, in the case of correction, a hash sign ( # ) should be marked by hand against the relevant entry in the integrated roll or in the relevant supplements there alongwith the serial number of the corresponding entry in the correction list. 4. In so far as the procedure to be followed for making a note in the Working/Marked copies of electoral roll against the names of electors to whom "Election 884

Duty Certificate" (EDC) and "Postal Ballot (PB) are issued is concerned, the procedure outlined in the Commission's letter first cited may be followed. Against such names in the electoral roll, the entries "EDC" or "PB", as may be relevant, should be made, as required by rules 20(2)(b) and 23(2)(b) of the Conduct of Elections Rules, 1961. 5.The political parties should be supplied with all supplements of Additions, Deletions etc. made during the period of continuous revision upto the last dare for filing nominations and should be clearly informed in writing that these are the supplements of Additions, Deletions, Corrections to the rolls already supplied to them, and that the parties should incorporate the deletions and corrections in each part of the rolls themselves. So far as additions are concerned since their serial numbers are in continuation of the serial numbers in the original part of the electoral rolls, such supplements relating to additions may be kept by them below the original parts. 6.The above instructions should be brought to the notice of all EROs in writing. During the training classes of polling personnel also these instructions should be brought to their notice for strict compliance. It may be ensured that the Presiding Officers are able to explain each and every entry/mark made in the working/marked copy of the electoral roll. 7.Kindly acknowledge receipt and furnish a copy of the instructions issued to all concerned. Copy to the Chief Electoral Officers of all States and Union Territories (except West Bengal) along with a copy each of Commission's letter No.22/2/91 dated 2nd May, 1991 and 485/States/Comp/1 6/98 dated10th September, 1998 cited above. They are requested to follow the above instructions for preparation of working copies/marked copy of electoral rolls supplied to the polling parties during conduct of poll for General/Bye Elections as and when held. They are also requested to furnish a copy of the instructions issued by them to the EROs in the matter for Commission's record.

885

ITEM NO. 410 Election Commission letter No.22/2/1998-PLN-II, dated 24.01.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: Electoral Rolls - Supply of certified copy of the relevant entries in the electoral roll by ERO I am directed to state that under the provisions of existing law, a person who is an elector in any parliamentary constituency can contest the election for Lok Sabha from any parliamentary constituency in any State (except Sikkim, Lakshadweep and Autonomous Districts of Assam). Under the provisions of Section 33 (5) of the Representation of the People Act, 1951, if the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof, or a certified copy of the relevant entries in such roll shall be filed along with the nomination papers. 2.It has been brought to the notice of the Commission that a person whose name is registered as an elector in one of the assembly constituencies in a certain State has applied for a certified copy of the entry in the electoral roll and the ERO of the constituency has supplied him with a certified copy thereof which is entirely in the regional language. If that individual wants to contest an election from any other State where that regional language is not known, the Returning Officer of the parliamentary constituency in the other State would find it difficult to either read or understand the contents of the certified copy of the roll filed by the candidate. 3.This may be the case in respect of all other States and Union Territories also where the electoral rolls are prepared in regional language only. 4.In order to facilitate such candidates to contest elections to Lok Sabha from any parliamentary constituency in any State, other than the State in which he is registered as an elector, the Commission hereby directs as follow: i) If any person applies for a certified copy of the entry in the Electoral Roll, the ERO shall supply him with a certified copy of the entry in the language in which the roll of that constituency is printed. ii) However, if the person wants an English version of the certified copy, that person has to get English version of the certified copy prepared on his own and produce the same in English version, along with the original certified copy given to him, before the ERO concerned. The ERO, after satisfying himself that the English version produced by the person is a true copy of the original in regional language, shall certify that English version. iii) The ERO shall also keep, for his record, a copy of such English version also for any future reference. 5. The above instructions may be brought to the notice of all DEOs/EROs/AEROs immediately for strict compliance. 886

ITEM NO. 411 Election Commission’s letter No.22/2/2004-PLN-II, dated 21.02.2004 addressed to the Chief Electoral Officers of All States and Union Territories. Subject: Electoral Rolls - Supply of certified copy of the relevant entries in the electoral roll by ERO. I am directed to invite your attention to the standing instructions regarding supply of certified copies of the extracts of electoral rolls to the prospective candidates at Lok Sabha elections contained in Commission's letter No.22/2/98-PLNII dated 24th January. 1998 (copy enclosed for ready reference) and to reiterate the same for the benefit and convenience of all concerned. The directions would now be equally applicable for prospective candidates for Rajya Sabha elections in view of amendment to Section 3 of the Representation of People Act. 1951 vide the Representation of People (Amendment) Act 2003 (40 of 2003) w.e.f.28-08-2003. I am to request you to ensure that the said directions are strictly complied with during all future elections to the Lok Sabha and Rajya Sabha. The receipt of this letter together with its enclosures may kindly be acknowledged. COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110 001 No.22/2/98/PLN-II 1998

Dated 24th January,

To The Chief Electoral officers of All States and Union Territories. Subject: Electoral Rolls - Supply of certified copy of the relevant entries in the electoral roll by ERO. I am directed to state that under the provisions of existing law. a person who is an elector in any parliamentary constituency can contest the election for Lok Sabha from any parliamentary constituency in any State (except Sikkim, Lakshadweep and Autonomous Districts of Assam). Under the provisions of Section 33 (5) of the Representation of the People Act 1951, if the candidate is an elector of a different

constituency, a copy of the electoral roll of that constituency or of the relevant part thereof, or a certified copy of the relevant entries in such ml shall be filed along with the nomination papers. 2. It has been brought to the notice of the Commission that a person whose name is registered as an elector in one of the assembly constituencies in a certain Slate has applied for a certified copy of the entry in the electoral roll and the ERO of the constituency has supplied him with a certified copy thereof which is entirely in the regional language. If that individual wants to contest an election from any other State where that regional language is not known, the Returning Officer of the parliamentary constituency in the other State would find it difficult to either read or understand the contents of the certified copy of the roll filed by the candidate. 3. This may be the case in respect of all other States and Union Territories also where the electoral rolls are prepared in regional language only. 4. In order to facilitate such candidates to contest elections to Lok Sabha from any parliamentary constituency in any State, other than the State in which he is registered as an elector, the Commission hereby directs as follows: i)

If any person applies for a certified copy of the entry in the Electoral Roll, the ERO shall supply him with a certified copy of the entry in the language in which the roll of that constituency is printed.

ii)

However, if the person wants an English version of the certified copy, that person has to get English version of the certified copy prepared on his own and produce the same in English version. along with the original certified copy given to him, before the ERO concerned. The ERO, after satisfying himself that the English version produced by the person is a true copy of the original in regional language, shall certify that English version.

iii)

The ERO shall also keep, for his record, a copy of such English version also for any future reference.

5. The above instructions may be brought to the notice of all DEOs/EROs/AEROs immediately for strict compliance. 6.

Kindly acknowledge receipt. Yours faithfully, (K.R. PRASAD) SECRETARY

888

ITEM NO. 412 Election Commissioner’s Letter No. 3/1/2004J.S.-II, dated 04.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Conduct of Election (Amendment) Rules 2004 - regarding. I am directed to forward herewith a copy of the Conduct of Election (Amendment) Rules, 2004, notified by the Ministry of Law & Justice in pursuance of the Representation of the People (Amendment) Act, 2003 (No. 40 of 2003) forwarded to you vide Commission's letter of even no. dated 21St October. 2003. In the case of electors at election to Council of States^ who are members of political parties, the political parties concerned, are entitled to appoint an agent (in Form 22A) to verify as to which candidate the elector has cast his vote. This verification can be done during the poll, before the ballot paper is inserted into the ballot box. and again, before the packets of ballot papers are sealed under sub-rule (2) of rule 84.

This may be brought to the notice of the Returning Officers for elections to the Council of States and other authorities concerned immediately. This may also be brought to the notice of the State units of recognised political parties.

889

TO BE PUBLISHED IN THE HAZFTTF OF INDIA EXTRAORDINARY. PART II. SECTION 3. SUB-SECTION (in DATED THE 27 FEBRUARY. 2004. TH

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT New Delhi, dated the 27th February. 2004. Phalguna, 8, 1925 Saka NOTIFICATION S.O. —(E).- In exercise of the powers conferred by section 169 of the Representation of the People Act, 1951 (43 of 1951), the Central Government, after consulting the Election Commission, makes the following rules further to amend the Conduct of Elections Rules, 1961, namely:(1)

These rules may be called the Conduct of Elections (Amendment) Rules, 2004.

(2)

They shall come into force on the date of their publication in the Official Gazette.

2. In the Conduct of Elections Rules, 1961,(1) in rule 42, in sub-rule (4), the following shall be inserted at the end, namely:'Provided that where such elector is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer shall, before placing the tendered ballot paper in the said cover, allow the authorised agent of that political party to verify as to which candidate the elector has cast his vote. Explanation.- For the purposes of this rule, "authorised agent", in respect of a political party, means an authorised agent appointed, under sub-rule (2) of rule 39AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party.'; (2) in rule 42A as made applicable, to notified polling stations, by clause (f) of sub-rule (3) of rule 49, in sub-rule (5), the following shall be inserted at the end, namely:'Provided that where the person referred to in sub-rule (3) is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer, notwithstanding anything contained in sub-rule (3), shall, before the tendered ballot paper is placed in the said cover, allow the authorised agent of that political party to verify as to whom such person has cast his vote. Explanation.- For the purposes of this rule, "authorised agent", in respect of a political party, means an authorised agent appointed, under sub-rule (2) of rule 39AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party.'; (3) for rule 67, the following rule shall be substituted, namely:890

'67. Definition.- Unless the context otherwise requires, in this Part(a) and in rule 84, "authorised agent", in respect of a political party, means an authorised agent appointed, under sub-rule (2) of rule 39AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party; (b) "election" means an election by assembly members or an election in a council constituency.'; (4)

in rule 38A as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68,(a)

in sub-rule (2),(i)

for clause (c), the following clause shall be substituted, namely:-

"(c) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him,(i)

and record in the marked copy of the electoral roll, the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Council of States;

(ii)

without recording therein the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Legislative Council of a State:";

(iii)

for the proviso, the following proviso shall be substituted, namely:-

"Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper" (b) in sub-rule (4), for the words "No person", the words, figures and letters "Subject to rule 39AA, no person" shall be substituted; (c) for sub-rule (5), the following sub-rule shall be substituted, namely:"(5) Before any ballot paper is delivered to an elector at an election to fill a seat or seats in the Legislative Council of a State by assembly members or in a local authorities' constituency, the serial number of the ballot papers shall be effectively concealed in such manner as the Election Commission may direct."; (5) after rule 39A, as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, the following rule shall be inserted, namely:"39AA. Information regarding casting of votes.- (1) Notwithstanding anything contained in rule 39A, the presiding officer shall, between the period when an ' elector being a member of a political party records his vote on a ballot 891

paper and before such elector inserts that ballot paper into the ballot box, allow the authorised agent of that political party to verify as to whom such elector has cast his vote: Provided that if such elector refuses to show his marked ballot paper to the authorised agent of his political party, the ballot paper issued to him shall be taken back by the presiding officer or a polling officer under the direction of the presiding officer and the ballot paper so taken back shall then be further dealt with in the manner specified in sub-rules (6) to (8) of rule 39A as if such ballot paper had been taken back under sub-rule (5) of that rule. (2) Every political party, whose member as an elector casts a vote at a polling station, shall, for the purposes of sub-rule (1), appoint, in Form 22A, two authorised agents. (3) An authorised agent appointed under sub-rule (2) shall be present throughout the polling hours at the polling station and the other shall relieve him when he goes out of the polling station or vice versa"; (6) in rule 73, in sub-rule (2), for the words "A ballot paper shall", the words, figures, letter and brackets "Subject to rule 38A as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, a ballot paper shall" shall be substituted; (7) in rule 84, in sub-rule (2), the following proviso shall be inserted at the end, namely:"Provided that where such counting relates to an election to fill a seat or seats in the Council of States, the returning officer shall, before sealing the packets under clause (b), allow the authorised agent of a political party to verify as to whom the electors being members of that political party have cast their votes."; (8)

after Form 22 appended therewith, the following Form shall be inserted, namely:"FORM 22A [See rule 39AA(2)] Appointment letter

Election of the-------------------------------------I................................... * President/General Secretary of.............Party do hereby appoint the following persons as the authorised agents of the Party to verify under rule *39AA/ rule 42/ rule 42A/ rule 84 as to whom the electors who are the members of the said political party have cast their votes. Photographs of the aforesaid authorised agents are pasted hereunder and is attested under my hand and seal. Name of the authorised agents agents

Address

892

of

the

authorised

1.................................... 2.................................... Signature of * President/ General Secretary of the Party) (Seal) We agree to act as such authorised agents agents

Signature

of

the

authorised

1......................... 2......................... Space for the photographs * Strike off the inappropriate alternative.". [F.No.H-11019(l)/99-Leg.II] (N.L. MEENA) Joint Secretary and Legislative Counsel to the Government of India. Note:The principal rules were published in the Gazette of India, Extraordinary vide notification number S.O. 859, dated the 15th April, 1961 and last amended vide notification number S.O. 1294 (E), dated the 11* November, 2003.

893

भ रत क र जपत, अस A रण , भ ग 2, ख2ड 3, उपख2ड (ii), त र ख 27 फरवर , 2004 म7 पक शन थ' भ रत सरक र पवनA और न य यम2त लय पवA य/ पवभ ग नई दरल ल/, त र ख 27 फरवर , 2004. फ ल गन, 8, 1925 (शक)

अनAसQचन क 0 आ 0....(अ)- कन R यसरक र ल क पनतनननAत व अनAननयम , 1951 (1951 क 43) क8 A र

169 द र परl शपrय1 क पय ग करत ह ए, ननव च ' न आय ग स

पर मश' करन क पश च त, ननव च ' न1 क स2च लन ननयम, 1961 क और स2श Aन करन क नलए ननम ननलजखतननयम बन त/ ह, अथ त ' t :1.

(1) इन ननयम1 क स2जकप त न म ननव च ' न1 क स2च लन (स2श Aन) ननयम, 2004

ह। (2) य र जपत म7 पक शन क8 त र ख क पव9l ह1ग। 2.

ननव च ' न1 क स2च लन ननयम, 1961 म7, -

(1) ननयम 42 क उपननयम (4) क अ 2त म 7 ननम ननलजखत अ त 2 :स थ पपत

दकय ज एग , अथ त ' t :-

‘परन तजह^ 2 ऐस ननव च ' क र ज य सभ म 7 दकस/ स थ न य स थ न1 क

भरन क नलए दकस/ ननव च ' न म 7 दकस/ र जन नतक रल क प/ठ स/न आदफसर ननपवरl मतपत क

सरस य ह , वह^2

उक त नलफ फ म 7 रखन स प व Q ' उस

र जननतक रल क प नAक9 त अनभकत ' क यह सत य पपत करन क नलए अनज त करग दक ननव च ' क न अपन मत दकस अभ यथwक दरय ह।

स पष ट करण- इस ननयम क पय जन1 क नलए, दकस/ र जननतक रल क स2ब2A म7 “प नAक9 त अनभकत ”' स परररद ननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कमत पत स नभन न सभ सरस य1 द र ननव च ' न म7 उस र जननतक रल 894

द र ननयम 70 क ख2ड (ii) द र यथ ल गQ ननयम 39 कक क उपननयम (2) क अA/न, ननयक तक ई प नAक9 त अनभकत ' अनभपत ह।’; (2) ननयम 49 क उपननयम (3) क ख2ड (च) द र अनAसQनचत मतर न कन R1 न R1क

यथ

ल गQ ननयम

42 क क उपननयम (5) क अ त 2 म 7 ननम ननलजखत

अ2त:स थ पपतदकय ज एग , अथ त ' t:-

“परन तजह^ 2 उपननयम (3) म7 ननदर ' ष टव यपr र ज य सभ म 7 दकस/ स थ न य

स थ न1क भरन क नलए दकस/ ननव च ' न म7 दकस/ र जननतक रल क सरस य ह, वह^2 प/ठ स/न आदफस र, उपननयम (3) म7 दकस/ ब त क ह त ह ए भ/ , उक त नलफ फ म 7 ननपवरl मतपत क रखन स प व Q ,' उस र जन नतक रल क प नAक9 त अनभकत ' क यह सत य पपत करन क नलए अन ज त कर ग दक ऐस व यपr न अपन मत दकस दरय ह।”;

स पष ट करण- इस ननयम क पय जन1 क नलए , दकस/ र जन नतक रल क

स2ब2A म7 “प नAक9 त अनभकत ”' स परररद ननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कमत पत स नभन न

सभ सरस य1 द र

ननव च ' न म 7 उस

र जननतक रल द र ननयम 70 क ख2ड (ii) द र यथ ल गQ ननयम 39 कक क उपननयम (2) क अA/न, ननयक तक ई प नAक9 त अनभकत ' अनभपत ह।’;

(3) ननयम 67 क स थ न पर, ननम ननलजखतननयम रख ज एग , अथ त ' t :-

म7 –

‘67. पररभ र – जब तक दक स2रभ' स अन यथ अपजकत न ह , इस भ ग (क) और ननयम 84 म7, र जननतक रल क स2ब2A म7 ‘प नAक9 त अनभकत ’' स

परररद ननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कपत स नभन न सभ सरस य1 द र ननव च ' न म 7 उस र जन नतक रल द र ननयम 70 क ख2ड (ii) द र यथ ल गQ ननयम 39 कक क उपननयम (2) क अA/ न, उस र जन नतक रल द र ननयक तप नAक9 त अनभकत ' अनभपत ह;

(ख) “ननव च ' न” स सभ सरस य1द र ननव च ' न य परररद ननव च ' न कत म7

ननव च ' न अनभपत ह।’; (4) परररद ननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कमत पत स नभन न सभ सरस य1 द र ननव च ' न म7 ननयम 70 क ख2ड (ख) क उपख2ड (ii) द र यथ ल गQ ननयम 38 क म7,(क) उपननयम (2) म7, 895

(i) ख2ड (ग) क स थ न पर, ननम ननलजखतख2ड रख ज एग , अथ त ' t :-

“(ग) ननव च ' क न म वल/ क8 नचद|त पनत म7 ननव च ' क क न म यह

उपरनश'त करन क नलए नचद|त करग दक उस मतपत दरय गय ह,-

(i) र ज यसभ म 7 दकस/ स थ न य स थ न1 क भरन क नलए दकस/

ननव च ' न क8 रश म 7, ननव च ' क न म वल/ क8 नचद|त पनत म 7 उस ननव च ' क क दरए गए

मतपत क कम स2ख य2क अनभनलजखत करग ;

(ii) दकस/ र ज य क8 पवA न परररद म7 दकस/ स थ न य स थ न1 क भरन

क नलए

मतपत पर

दकस/

ननव

कम

च ' न क8

रश

म 7,

स2ख य

ननव च ' क क

2क उसम

दरए

7 अनभनलजखत

गए

नह 2 करग ।” ; (ii) परन त क क स थ न पर, ननम ननलजखतपरन त क रख ज एग , अथ त ' t:ज एग ,

“परन तक ई भ/ मतपत तब तक दकस/ ननव च ' क क परररl नह 2 दकय जब तक

पर अपन

हस त कर

क ननश न न लग दरय ह ।” (ख) पर,

उपननयम “ननयम

(4)

उसन न

उस

मतपत

कर

दरए



ह1

पनतपण





ग 2 Qठ

; म7,

39 कक क

“क ई

भ/

अA/न

वयपr”

रहत

शबर1





ए कई

सथ न भ/

वयपr” शबर , अ2क और अकर रख ज ए2ग;

(ग) उपननयम (5) क स थ न पर, ननम ननलजखतउपननयम रख ज एग , अथ त ' t:-

“5) दकस/ र ज य क8 पवA न परररद म7 दकस/ स थ न य स थ न1 क भरन

क नलए सभ सरस य1 द र ननव च ' न म 7 य स थ न/य प नAक र ननव च ' न-कत म 7 दकस/ ननव च ' न म 7 दकस/ ननव च ' क क क ई मतपत परररl दकए ज न स प व Q ' मतपत क

कम स2ख य2क पभ व/ रप स ऐस/ र नत म 7 नछप य

ननव च ' न आय t गननदर' षट कर।”

ज एग , जस/

;

(5) पररष दननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कमत पत स नभन नसभ सरस य1 द र ननव च ' न म 7 ननयम 70 क उपख 2ड(ii) द र यथ ल गQ ननयम 39 क क पश च तtननम ननलजखतननयम अ2त:स थ पपतदकय ज एग , अथ त ' :-

“39 कक मत रन क ब र म7 सQचन – (1) ननयम 39 क म7 दकस/ ब त क

ह त ह ए भ /, प/ठ स/न आदफसर , उस अवनA क रOर न जब क ई ननव च ' क दकस/

र जननतक रल क सरस य ह त ह ए मतपत पर अपन मत अनभनलजखत करत ह और उसस प Qव' जब ऐस

ननव च ' क मतपत क 896

मतप ट म 7 ड लत

ह , उस

'

र जननतक रल क प नA क 9 त अनभकत ' क यह सत य पपत करन क नलए अनज त करग दक ऐस ननव च ' क न अपन मत दकस दरय ह: परन तयदर ऐस ननव च ' क अपन र जननतक रल क प नA क 9 त अनभकत ' क अपन नचद|त मतपत दरख न स इ 2 क र करत

ह त

उस दरय

गय

मतपत

प/ठ स/न आदफसर य प/ठ स/न आदफसर क ननरश क अA/न मतर न आदफसर द र व पस ल नलय ज एग और इस पक र व पस नलए गए मतपत पर ननयम 39 क क उपननयम (6) स उपननयम (8) म7 पवननदर' ष टर नत म 7 आग इस पक र क र' व ई क8 ज एग/ म न1 ऐस मतपत उस ननयम क उपननयम (5) क अA/न व पस नलय गय थ ।

(2) पत य क र जन नतक रल , जजसक सरस य ननव च ' क क रप म 7 दकस/

मतर न कन Rपर मत रत ह, उपननयम (1) क पय जन1 क नलए, परप 22 क म7 र प नA क 9 त अनभकत ' ननयक तकरग । (3)

उपननयम

प नA क 9 त अनभकत मतर न क रस Q र उस

घ2ट1

तब

क अA/न

(2) ' मतर न







कनRस ब हर ज त ह य पवपयन।”

ननय

7 उपजसथत

क तकर

ग जब

क तक ई

न Rपर

रह वह

एक

स2प

ग और

ण Q '

मतर न

(6) ननयम 73 क उपननयम (2) म7, “व हमतपत अपवनAम न य ह ग ” शब र1क

स थ नपर “परररद ननव च ' न कत म7 और ननयम 68 क ख2ड (क) क अA/न ड कमत पत स नभन नसभ सरस य1द र ननव च ' न म7 ननयम 70 क ख2ड (ii) म7 यथ उप 2तररत ननयम 38 क क अA/न रहत ह ए वह मतपत अपवनAम नय ह ग ” शब र, अ2क और अकर रख ज ए2ग; (7) ननयम 84 क उपननयम (2) क अ त 2 म7, ननम ननलजखतपरन तक अ त 2 :स थ पपत दकय ज एग , अथ त ' t :-

“परन तजह^ 2 ऐस/ गणन र ज य सभ क क ई स थ न य स थ न1 क भरन क

नलए दकस/ ननव च ' न स स2ब2नAत ह वह^ 2 ररटनन\ग आदफसर ख2ड (ख) क अA/न पकट1 क

मR 2दकत करन स प Qव' दकस/ र ज ननतक रल क प नAक9 त अनभकत ' क यह सत य पन करन क नलए अनज त करग दक ननव च ' क1 न उस र जननतक रल क सरस य1क रप म7 अपन मत दकस दरए हC ।”;

897

(8) इसस स2लग नपरप 22 क पश च तtननम ननलजखतपरप अ2त:स थ पपतदकय ज एग , अथ त ' :-

“परप 22 क [ननयम 39 कक(2) रजखए] ननयपr पत

..................................क ननव च ' न

मC .........................ज .........................रल क

* अध यक/मह सनचव ह QZ ,

ननम ननलजखतव यपrय1 क ननयम *39 कक/ननयम 42/ ननयम 42 क/ननयम 84 क अA/न

यह सत य पपत करन क नलए दक ननव च ' क1 न , ज उक त र जन नतक रल क सरस य हC , दकस अपन मत दरए ह C , प नAक9 त अनभकत ओ ' 2 क रप म 7 ननय क तकरत ह QZ । प Qवgक त प नAक9 त अनभकत ओ ' 2 क8 फ ट

न/च चस प ह और म र हस त कर और म R स

अनपम जणत ह। प नAक9 त अनभकत ओ ' 2 क नम 1....................................... 2......................................

प नAक9 त अनभकत ओ ' 2 क पत र जननतक रल क अध यक/मह सनचव हस त कर (मR )

हम प नAक9 त अनभकत ' क रप म7 क य' करन क नलए सहमत हC प नAक9 त अनभकत ' क हस त क र 1....................................... 2......................................

*ज समनचतन ह उस क ट र7 ।”

फ ट क नलए स थ न

[फ 0 स20 एच 0-11019(1)/99-पव02]

(एन. एल. म/न )

स2यक तसनचव और पवA य/ पर मशw, भ रत सरक र

898

दटप पण – मQल ननय म, भ रत क र जपतश t, अस A रण, अनAसQचन स 20 क 0 आ 0 859,

त र ख 15 अपल, 1961 म7 पक नशत दकए गए थ और इन ह7 अ2नतम ब र अनAसQचन स2 0 क 0 आ 0 1294 (अ), त र ख 11 नवम बर, 2003 क स2श नAत दकय गय ।

899

ITEM NO. 413 Election Commission’s letter No. 576/4./2004/J.S.II, dated 08.03.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Election to the Council of States- revised format of Nomination Paper. I am directed to invite your attention to Commission's letter No. 3/4/2002/J.S.II, dated 25th October, 2002, forwarding therewith a copy of the Conduct of Election (Amendment) Rules, 2002, amending, inter-alia Nomination Forms. In the context of the current biennial election to the Council of States a revised/updated Nomination Form 2C is forwarded herewith. [Form 2C] (See rule 4) NOMINATION PAPER Election to the Council of States PART – I We hereby nominate as a candidate for election to the Council of States: Candidate's Name.......................... father's/mother's/husband's name.......................... His postal Address.................................................................................... His name is entered at S.No...................in Part No...................of the electoral roll for the ............................................................... assembly/*Parliamentary Constituency. We declare that we are elected members of the Legislative Assembly of............................. electoral college for ........................................................and our names are entered as indicated below in the list maintained under section 152 and we append our signatures below in token of subscribing to his nomination: Particulars of the proposers and their signatures. S. No. as entered in S. No. the list maintained under section 152 1. 2. 3. 1. 2. 3. 4. 5. 6.

Full name

900

Signature

Date

4.

5.

7. 8. 9. 10.** * For Jammu and Kashmir only. ** There should be ten per cent, of the elected members of the Legislative Assembly or ten per cent, of the members of the electoral college or ten members concerned, whichever is less, as proposers. I, the above-mentioned candidate, assent to this nomination and hereby declare. (a)that I have completed............................................................years of age; (b)that I am set up at this election by the...........................................party; (c)that my name and my [father's/mother's/husband's name] have been correctly spelt out above in..................................................... (name of the language); and (d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the Council of States. I also declare that I have not been, and shall not be, nominated as a candidate at the present biennial election/bye elections being held simultaneously, to the Council of States for more than two seats. Date...............................

(Signature of the candidate) PART II (To be filled by the candidate)

Whether the candidate (i)

has been convicted (a)of any offence(s) under sub-section (1); or (b)for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People Act, 1951 (43 of 1951); or

Yes/no

(ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more If the answer is "yes", the candidate shall furnish the following information: (i)

Case/First information report No./Nos................................................................

(ii)

Police station(s).............................District(s)...................... State(s)..................

(iii)...Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted………………….. 901

(iv).... Date(s) of conviction(s)……………………………………………….. (v)

Court(s) which convicted the candidate..........................................................

(vi)...Punishment(s) imposed [indicate period of imprisonments) and/or quantum of fine(s)]……………………………………………………………………. (vii) Date(s) of release from prison......................................................................... (viii). Was/were any conviction(s) Yes/No (ix)

appeal(s)/revision(s)

filed

against

above

Date and particulars of appeal(s) /application) for revision filed

(x)....Name of the court(s) before which the appeal(s) /application (s) for revision filed………………………………………………………………………. (xi)... Whether the said appeal(s) /application (s) for revision has/have been disposed of or is/are pending………………………………………………….. (xii)

If the said appeal(s)/application(s) for revision has/have been disposed o f (a)Date(s) of disposal............................................ (b)Nature of order(s) passed.................................

Place: Date:

(Signature of the candidate). PART III (To be filled by the Returning Officer)

Serial No. of Nomination Paper.............................................................................. This nomination was delivered to me at my office at.....................................(hours) (date) by the candidates/proposer.............................................................. (Name). Date..............................................................................

on

…..Returning Officer.

Note: - Wherever alternative is provided score out the word(s) not applicable. PART IV Decision of Returning Officer accepting or rejecting the Nomination Paper. I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951 and, decide as follows:Dated.....................................

Returning Officer

(Perforation).......................................................................................................... 902

PARTV Receipt for Nomination Paper and Notice of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No. of Nomination paper.......................................... The nomination paper of............................................... a candidate for election to the Council of States by the elected members of the Legislative Assembly of ........................................................................................ (State)/Members of the Electoral College of................................................. (State)/was delivered to me at my office at..................................................................... (hours) on (date)by the candidate/proposer.........................................................(Name). All nomination papers will be taken up for scrutiny at .........................(hour) on .................................................................................................................. (date) at (place). Date....................................

Returning Officer

903

ITEM NO. 414 Election Commission’s letter No. 4/3/2004/J.S.lI/Vol.l, dated 11.03.2004 addressed to all Recognised National and State Political Parties. SUBJECT: Pollution of environment on account of use of plastic sheets for making use of posters/banners during the election campaign. I am

directed

to

invite

your

attention

to

Commission's

letter

No.

st

4/3/2003/J.S.II/Vol.l dated 1 May 2003 and letter No. 4/3/99/J.S.II dated 16.7.1999 on the use of plastics during election campaign. 2.

The Commission would like to reiterate that ail political parties should try to

avoid the use o\ plastic/polythene for preparation of posters, banners etc. during election campaign. Your cadres may be advised suitably.

904

ITEM NO. 415 Election Commission’s letter No.576/2/2004-PLN.II, dated 29.03.2004 addressed to the Chief Electoral Officer, National Capital Territory of Delhi, Delhi. Subject: Preparation of working copies of electoral rolls - regarding It has been represented before the Commission by "Uttar Pradesh Urdu Development Organisation, Allahabad" for deployment of at least one Urdu knowing polling officers at each polling stations of the constituencies where the electoral rolls are published in Urdu also. The Commission has considered the request and has directed that one working copy of the roll should be in Urdu at all the polling stations of the 7 Assembly Constituencies, viz., 5-Okhla, 45-Seemapuri, 49-Seelampur, 52Qarawal Nagar, 57-Pahar Ganj, 58-Matia Mahal, 59-Balli Maran, in which rolls have been prepared in that language. In case any elector wishes to see that roll, it should be available at the polling station, even if the polling personnel do not know that language. However, only one copy of the roll in Hindi/English, as the case may be, should be used as the marked copy of the roll. These instructions may kindly be communicated

to

the

Returning

Officer

of

the

concerned

Parliamentary

Constituency/Assembly Constituency for compliance. A copy of the instructions issued may also be forwarded to the Commission for its reference and record. Kindly acknowledge receipt.

905

ITEM NO. 416 Election Commission’s letter No. 78/2004/PLN-I, dated 07.04.2004 addressed to the Chief Secretaries, the Chief Electoral Officers of all States and Union Territories and the Secretary to the Govt. of India. M/o P.P. & P, Department of Personnel & Training Subject: - Grant of paid holiday to employees on the day of poll - regarding. I am directed to invite your attention to Commission's letters No."8 99-Pl.N-l dated, 06.04.1999 and to state that The Goa MRF Employees Union (Trade Union) had filed a writ Petition in the High Court of Bombay at Panaji (Goa) challenging the legality of contents of para 4 of above said letter and the Hon’ble High Court has struck down para 4 of the above said letter and directed concerned authorities to take appropriate action regarding declaration of holiday(s) on the poll day(s) by the Central/State Governments in connection with General Elections and Bye-elections to the House of the People and State Legislative Assemblies. 2.

The Representation of the People Act. 1951 amended in August, 1996 added

a new Section 135B to the Act. The Section 135B is reproduced below:"135B. Grant of paid holiday to employees on the day of poll. (1)Every person employed in any business trade. Industrial undertaking or any other establishment and entitled to vote at election to the House of the People or the legislative assembly of a State shall, on the day of poll, be granted a holiday. (2)No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (l) and if such person is employed on the basis that he would not ordinarily receive wages he would have drawn had not a holiday been granted to him on that day. (3)If an employer contravenes the provisions of sub-section (1) or sub-section (2), them such employer shall be punishable with fine which may extend to five hundred rupees. (4)This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged." 3.

The above provisions require that all establishment and shops shall be closed on the

day of poll in the Constituency where a General/bye-election is to be held. However, there may be cases where a person is ordinarily resident of the Constituency and registered as an elector, 906

may be serving/employed in an industrial undertaking or an establishment located outside the Constituency having a general/bye-election. It is clarified that in such a situation, even those electors including casual workers working outside the constituency concerned would be entitled to the benefit of a paid holiday extended under the Section 135B(1) of R.P. Act, 1951. 4.

The daily wage/casual workers are also entitled for a holiday and wages on poll

day as provided in Section 135B of R.P. Act, 1951. 5.

The Commission desired that suitable instructions should be issued to ail

concerns and a copy thereof be endorsed to the Commission for its information and record. 6.

The receipt of this letter may please be acknowledged.

907

ITEM NO. 417 Election Commission’s letter No. 576/11/2004/J.S.II, dated 10.04.2004 addressed to the Chief Electoral Officer, Maharashtra, Mumbai and copies to the Chief Electoral Officers of all other States/Union Territories Subject: - Application of indelible ink on the elector's left forefinger -regarding. I am directed to refer to your letter No. STY-1302 380 33, dated 29th March 2004, on the above subject and to state that the Commission has decided not to insist on the application of indelible ink twice on the left forefinger of the electors. This position is reflected in the relevant instructions in this regard contained in the Handbook for Returning Officers and Presiding Officers (2004 Edn.). In this connection, your attention is also invited to the Commission's letter No. 576 11 2004/JS-II, dated 17 t h March, 2004.

908

ITEM NO. 418 Election Commission’s letter No. 3/10/2004/JS-II, dated 29.04.2004 addressed to the Chief Electoral Officer of all States and Union Territories. Subject: - Election campaigns of political parties and candidatesmeasures to curb highly expensive campaigns and for maintenance of law and order during elections- regarding. I am directed to invite your attention to Commission's letter of even number dated 23.4.04 on the subject cited. It has been mentioned therein that display of hoardings, banners, etc. in public place will be subject to local laws and court orders, if

any.

It

is

hereby

clarified

that

the

permission regarding erection of

hoarding/banners on private premises with prior consent of the owner of the property will also be subject to local laws and Court Orders, if any, in force in the area concerned.

909

ITEM NO. 419 Election Commission’s letter No. 3/9/20047JS-II, dated 24.08.004 addressed to the Chief Electoral Officers of all States and Union Territories. Subject: - Restrictions on the printing of pamphlets, posters, etc. I am directed to invite your attention to the Commission's Order No. 3/9/(ES0G8)/94-JS-II dated 2.9.94 on the above subject wherein Commission issued its guidelines in pursuance of the provisions of section 127A of the Representation of the People Act, 1951 regarding printing and publication of election pamphlets, posters etc. These provisions are reproduced below:"127A. Restrictions on the printing of pamphlets, posters, etc. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster (a)unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b)unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document; (i)

where it is printed in the capital of the State, to the Chief Electoral Officer; and

(ii)

in any other case, to the district magistrate of the district in which it is printed.

(3) For the purposes of this section:(a)

any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly; and

910

(b)

"election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4)

Any person who contravenes any of the provisions of sub-section (1) or subsection (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both."

2.

It Has been observed that surrogate advertisements appear in print media,

especially newspapers, for and against particular political parties and candidates during election period. In many cases such advertisements are for the prospects of election of particular candidates. As per Section 77(1) of the Representation of the People Act, 1951, expenditure involved in such advertisements in connection with the election of any candidate has to be added to the account of election expenses of the candidate, required to be maintained under that Section. Further, Section 171H of IPC prohibits incurring of expenditure, on inter-alia, advertisement, circular or publication, for the purpose of promoting or procuring the election of a candidate, without authority from the candidate. The surrogate advertisements defeat the purposes of the aforesaid provisions of law. 3.

n order to subserve the requirements of the provisions of law as mentioned

above, the Commission has directed that in the case of any advertisements/election matter for or against any political party or candidate in print media, during the election period, the name and address of the publisher should be given along with the matter/advertisement. 4.

This may be brought to the notice of all concerned including District

Election Officers and the print media in your State for information and compliance. 5.

Kindly acknowledge receipt.

911

ITEM NO. 420 Election Commission’s letter No. 4/2004/JS-II/Vol-II, dated 29.09.2004 addressed to the Chief Electoral Officers of all States and Union Territories Subject: - Provision of Rule 49 of the Conduct of Elections Rules 1961, regarding electors deciding not to vote. I am directed to state that the Commission received a number of complaints from the members of public during the last elections held in April – May, 2004, that the polling officers could not provide assistance/guidance to those electors who expressed their intention at the polling stations not to record their votes in favour of any candidate. In this context, your attention is invited to Rule 49 of the Conduct of Elections Rules 1961 which pan ides that if an elector, after his electoral roll number has been duly entered in the register of voters in Form - 17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L decides not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark. The procedure to be followed in such cases is explained in Chapter XX of Handbook for Presiding Officers (2004). The abovementioned provision of law may be brought to the notice of all District Election Officers, Returning Officers and the Presiding and Polling Officers so that there is no confusion at the time of poll. At the training classes, the Presiding Officers and Polling Officers may be briefed about this provision of Rules and the instructions in the Handbook for Presiding Officers referred to above. It may be noted that the preliminary formalities of identification, marking of indelible ink etc. are also required to be followed before an elector chooses to exercise the option of not voting under rule 490. Kindly acknowledge receipt.

912

ITEM NO. 421 Election Commission's letter No.464/INST/2005/PLN-I, dated 22.01.2005 addressed to the Chief Electoral Officer, Bihar, Haryana and Jharkhand (Please also refer to item No.340) Subject: Judgment dated January 11, 2005 of the Hon'ble Supreme Court in Civil appeal No.9228 of 2003 - (Janak Singh Vs. Ram Das Rai and others) - reg. I am directed to say that the Hon'ble Supreme Court in its Judgment cited above has given certain suggestions/directions in the matter of conduct of free and fair election. A copy of the relevant portion of the Judgment is enclosed. The Commission has considered the matter and has directed that the following measures shall be taken at the current general election in your State:1. CPMF personnel to keep a watch on the proceedings in the polling stations In the polling stations where CPMF personnel have been deployed, one of the CPMF personnel shall be stationed at the entrance of the polling station in such a manner that he can have an unrestricted view of the polling procedure in the polling station. 2.

Videography at the polling station The Commission has already issued instructions for videography of critical

events of the election process and also at hypersensitive and sensitive polling stations to the extent possible. However, videography of proceedings inside the polling stations was not permitted as per the earlier instructions. In deference to the suggestion of the Hon'ble Supreme Court, the Commission directs that videography of the poll proceedings may be carried out inside the polling stations also. However, considering the practical difficulties in covering all polling stations, the Commission has decided that such videography may be done in only those polling stations where the observer considers it necessary. However, proper care shall be taken to ensure that while doing the

videography,

the

same

does

not

violate

the

secrecy

of

vote.

No

photography/videography shall, however, be allowed by the media persons or by any other unauthorized persons inside the polling station, to maintain general order and secrecy of vote. The videography of all other critical events of electoral process shall continue to be done. 3.

Utilization of Election Funds

913

The Chief Electoral Officers should keep a strict and close watch over the election expenditure by their office and by the District Election Officers/Returning Officers and other authorities concerned, to ensure that election funds ar not utilized for puirposes other than for the conduct of elections. 4.

Conduct of Observers The Commission has already instructed the Observers at the time of briefing, not

to accept lavish hospitality offered by the State Administration. The Hon'ble Supreme Court has now also directed that the Observers should not accept undue hospitality of the State.

This may be brought to the notice of all authorities concerned and all

Observers in th State for strict compliance. Kindly acknowledge receipt and intimate action being taken.

914

ITEM NO. 422 Election Commission's letter No.464/INST/2005/PLN-I, dated 18.02.2005 addressed to the Chief Electoral Officer, Bihar and Jharkhand Subject: Judgment dated January 11, 2005 of the Hon'ble Supreme Court in Civil appeal No.9228 of 2003 - (Janak Singh Vs. Ram Das Rai and others) - reg. I am directed to refer to the Commission's earlier correspondence of even number dated the 28th January and 15th February 2005 in the matter of deployment of CPMF jawans at the entrance of the polling station. A clarification has been sought from the Commission that in the buildings which have more than one polling station and where half a section of the CPMF personnel is deployed, how the entrance of the polling station should be guarded. It is clarified that in such a situation, the CPMF Jawan selected for duty at the entrance of the polling station may be asked to oscillate from one polling station to other and look at what is going inside these polling stations and report to the officer in charge of the CPMF part or observer, if something unusual is observed by him. This instruction may please be brought to the notice of the DEOs, ROs, Observers, SPs and coordinating officers of CPMF for compliance.

915

ITEM NO. 423 Election Commission's letter No. PS/AK/2005, dated 10.09.2005. addressed to the Chief Electoral Officers of Bihar, West Bengal, Uttaranchal and Haryana Subject :

Judgment dated January 11, 2005 of the Hon’ble Supreme Court in Civil Appeal No. 9228 of 2003 – (Janak Singh Vs. Ram Das Rai and others) – reg.

I am directed to say that the Hon’ble Supreme Court in its Judgment cited above has given certain suggestions/ directions in the matter of conduct of free and fair election. A copy of the relevant portion of the Judgment is enclosed. The Commission has considered the matter and has directed that the following measures shall be taken at the current general election in your State: 1.

CPMF personnel to keep a watch on the proceedings in the polling stations

In the polling stations where CPMF personnel have been deployed, one of the CPMF personnel shall be stationed at the entrance of the polling station in such a manner that he can have an unrestricted view of the polling procedure in the polling station. 2.

Videography at the polling station.

The Commission has already issued instructions for videography of critical events of the election process and also at hypersensitive and sensitive polling stations to the extent possible. However, videography of proceedings inside the polling stations was not permitted as per the earlier instructions. In deference to the suggestion of the Hon’ble Supreme Court, the Commission directs that videography of the poll proceedings may be carried out inside the polling stations, the Commission has decided that such videography may be done in only those polling stations where the observer considers it necessary. However, proper care shall be taken to ensure that while doing the videography, the same does not violate the secrecy of vote. No photography / videography shall, however, be allowed by the media persons or by any other unauthorized persons inside the polling station, to maintain general order and secrecy of vote. The videography of all other critical events of electoral process shall continue to be done.

916

3.

Utilization of Election Funds

The Chief Electoral Officer should keep a strict and close watch over the election expenditure by their office and by the District Election Officers / Returning Officers and other authorities concerned, to ensure that election funds are not utilized for purposes other than for the conduct of elections. 4.

Conduct of Observers

The Commission has already instructed the Observers at the time of briefing, not to accept lavish hospitality offered by the State Administration. The Hon’ble Supreme Court has now also directed that the Observers should not accept undue hospitality of the State. This may be brought to the notice of all authorities concerned and all Observers in the State for strict compliance. Kindly acknowledge receipt and intimate action being taken.

917

ITEM NO.424 Election Commission's letter No.464/Misc/2005/PLN-I, dated 22.12.2005 addressed to the Chief Electoral Officers of all States/Union Territories. Subject:- Disposal of Grievances/Complaints received on electoral issues. In order to redress the grievances/complaints that are received from public and various other Stake holders, on various electoral issues, the Commission has felt a need to set up grievance redressal mechanism. 2.

Most of the complaints received can be clubbed in following categories: (1)

Complaints from general public regarding missing names in the voter’s list, non-availability of EPIC, shifting of name to an inconvenient booth, refusal to carry out inclusion in periods other than during summary revision or intensive revision, etc.

(2)

Complaints from political parties and candidates regarding non-supply of electoral rolls, not taking them into confidence while shifting the booths, non-action on their complaints regarding Model code of Conduct, etc.

(3)

Complaints from government staff regarding using their services for election work but not making necessary travel and accommodation arrangements, non-payment or delay in payment of TA/DA etc., vindictiveness towards some staff while favouring some other staff, etc.

(4)

Complaints from suppliers of election material, transporters etc. regarding delays in payments.

3.

Since these grievances are to be redressed at the ERO’s, DEO’s and CEO’s

level the Commission has decided that a Grievance Redressal Mechanism may be set up as follows: (i)

Grievance cells-cum-control rooms may be opened in the office of each ERO to attend to any complaint regarding electoral rolls, EPIC, shifting of names from inconvenient booths etc.

(ii)

Grievance cells-cum-Control rooms may be opened in the offices of DEOs where Deputy DEO who is usually a State 918

Civil Officer can be made in charge. He may attend to all complaints on all issues as have been categorized above. (iii)

Grievance cells-cum-control rooms may be opened in the offices of CEOs, where Additional CEO or Deputy CEO who is usually a State Civil Officer can be made in charge. He may also attend to all complaints on all issues as have been categorized above.

4.

All Grievances Cell-cum-control rooms opened in the offices of EROs, DEOs and

CEOs may maintain a proper register detailing the complaints received and action taken. Registers maintained in the offices of EROs, DEOs may be checked by the CEOs from time to time. The registers maintained in the offices of CEOs shall be checked by the CEO and officers of the Commission.

A time frame of 15 days may be fixed for

attending to complaints and giving a reply to the complainant. 5.

All concerned officers may be informed of above decisions immediately for

compliance within 15 days. 6.

Kindly acknowledge the receipt.

919

ITEM NO.425 Election Commission’s letter No. 54/2/2005/PLN-IV, dated 09.01.2006 addressed to the Chief Electoral Officers of all States and Union Territories Subject: Application of indelible ink on electors finger - regarding. I am directed to state that the Election Commission has decided that in all elections to be conducted after 1.2.2006, the indelible ink will be applied on voter's finger as a line from the top end of the nail to the bottom of the first joint of the left fore finger as shown in the diagram below.

2. M/s Mysore Paints and Varnish Limited, the manufacturer of indelible ink, has intimated that approximate quantity of indelible ink for each booth covering 1400 voters would be 10ml x 2 bottles. A copy of the letter from M/s Mysore Paints and Varnish Limited in this regard is also enclosed herewith. 3. Therefore, requirement of indelible ink may be assessed and procured accordingly for future elections. 4. A copy of these instructions may be sent to all District Election Officers, Returning Officers and Assistant Returning Officers. These instructions may be brought to the notice of all Presiding Officers and Polling Officers at the time of elections.

920

COPY MYSORE PAINTS & VARNISH LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING) New Bannimantap Extension P.O. MYSORE - 570 015

Ref: MPVL/MKTG/2005-06/3213

Dated 29.12.2005

Shri. K.N. BHAR, Under Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, NEW DELHI-110001.

Subject: Application of Indelible Ink mark on Voter's finger - Reg. Ref: Your letter No.54/2/2005/PLN-IV dated 27* Dec'2005. We thankfully acknowledge your letter as cited under reference. After detailed study at our Quality Laboratory, we would like to suggest the following on the marking of voter's finger i.e., marking a line from the top end of the nail to the bottom of the first Joint of left fore finger (as shown in your diagram), The approximate quantity of Indelible Ink for each booth covering 1400 voters are as follows: (a) 10 ml x 2 bottles - each 10 ml Ink packed in IS ml capacity HDPE bottle with twin attractive packing along with application rod to cover 1400 voters in a booth. OR (b)

If ECI decides to economize the consumption of the Ink, we suggest one more application method i.e., 7.5 ml x 2 bottles each packed in 10 ml capacity HDPE bottle with dual attractive packing which covers 1400 voters in a booth if properly used.

Both the above two suggestions are made keeping the factors like evaporation of the Ink, spillage etc., in mind. We solicit your feedback/decision on our suggestion given above. Thanking you. Yours faithfully, For MYSORE PAINTS & VARNISH LTD., Sd/(M.V. HEMANTH KUMAR) MANAGING DIRECTOR

921

ITEM NO.426 Election Commission’s letter No. 464/INST/2006/PLN-I, dated 17.03.2006 addressed to the chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal, Pondicherry Sub:

Judgment dated January 11, 2005 of the Hon’ble Supreme Court in Civil Appeal No. 9228 of 2003 – (Janak Singh Vs. Ram Das Rai and others) – reg. I am directed to say that the Hon’ble Supreme Court in its Judgment cited above

has given certain suggestions/ directions in the matter of conduct of free and fair election. A copy of the relevant portion of the Judgment is enclosed. The Commission has considered the matter and has directed that the following measures shall be taken at the current general election in your State: 1.

CPMF personnel to keep a watch on the proceedings in the polling stations In the polling stations where CPMF personnel have been deployed, one of the

CPMF personnel shall be stationed at the entrance of the polling station in such a manner that he can have an unrestricted view of the polling procedure in the polling station. 2.

Videography at the polling station. The Commission has already issued instructions for videography of critical

events of the election process and also at hypersensitive and sensitive polling stations to the extent possible. However, videography of proceedings inside the polling stations was not permitted as per the earlier instructions. In deference to the suggestion of the Hon’ble Supreme Court, the Commission directs that videography of the poll proceedings may be carried out inside the polling stations also. However, considering the practical difficulties in covering all polling stations, the Commission has decided that such videography may be done in only those polling stations where the observer considers it necessary. However, proper care shall be taken to ensure that while doing the videography, the same does not violate the secrecy of vote. No photography / videography shall, however, be allowed by the media persons or by any other unauthorized persons inside the polling station, to maintain general order and secrecy of vote. The videography of all other critical events of electoral process shall continue to be done.

922

3.

Utilization of Election Funds The Chief Electoral Officer should keep a strict and close watch over the election

expenditure by their office and by the District Election Officers / Returning Officers and other authorities concerned, to ensure that election funds are not utilized for purposes other than for the conduct of elections. 4.

Conduct of Observers The Commission has already instructed the Observers at the time of briefing, not

to accept lavish hospitality offered by the State Administration. The Hon’ble Supreme Court has now also directed that the Observers should not accept undue hospitality of the State.

This may be brought to the notice of all authorities concerned and all

Observers in the State for strict compliance. Kindly acknowledge receipt and intimate action being taken.

923

ITEM NO.427 Election Commission’s letter No. 464/INST/2006/PLN-I, dated 20.03.2006 addressed to the Chief Electoral Officers of Assam, Kerala, Tamil Nadu, West Bengal, Pondicherry Sub:

General election to the Legislative Assemblies 2006 – Setting up of party booth by the political parties near polling station on the day of poll – regarding The political parties/candidates are allowed to set up one party booth at a

distance of beyond 200 meters from the polling station for distributing unofficial identity slips etc. 2.

It has been brought to the notice of the Commission that sometimes more than

one polling station is located in the same building. In such cases, difficulties are faced by the political parties/candidates to cater to the needs of the large number of voters registered in those polling stations. 3.

The Commission has reconsidered the matter and decided to allow setting up of

one party booth beyond a distance of 200 meters from the polling station where there are two polling stations set up in the same location/premised. However, maximum two election booths can be set up by the political parties/candidates were there is more than two polling stations setup in the same polling station location/premises. COPY

ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001

Dated 26th September, 2005

No.464/INST/2005-PLN-I To The Chief Electoral Officers of:1. West Bengal, Kolkata, 2. Haryana, Chandigarh. Subject:

Bye-election to Lok Sabha and Legislative Assemblies, 2005 – Setting up of Polling Booth by the Political parties near Polling Station on the day of poll - Regarding. I am directed to say that the Commission has received representations

from various political parties to allow them to set up more than one polling station located in prohibited area of polling stations where there is more than one polling station 924

located in the same building on the day of poll. Para 1 of the Commission’s Order No.464/INST/98/PLN-I, darted 12th February, 1998, interalia, provides as under:“No booth shall be set up within a distance of 200 meters from the polling station. Even where more than one polling station has been set up in the same polling station location or premises, there shall be only one booth of a candidate for such group of polling stations beyond a distance of 200 meters from such premises.” The Commission, on reconsideration, has decided that for the purpose of present byeelections following guidelines may be followed:“Only one booth shall be set up by the candidates beyond a distance of 200 meters from the polling stations where there is two polling stations set up on the same polling stations locations or premises. However, maximum two election booths shall be set up by the candidates where there is more than two polling stations set up on the same polling stations locations or premises.

925

Smile Life

When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile

Get in touch

© Copyright 2015 - 2024 PDFFOX.COM - All rights reserved.