Elections :- The Model Code of Conduct on prevention of misuse of vehicles during elections.
Elections :- The Election Commission of India has, in the past, issued various instructions from time to time regarding applicability. For convenience if all concerned, these instructions have now been consolidated for observation during the period when the model code of conduct is in force.
Link here :-
2019 ElectionsIndia - Notice, Restrictions, Prevention, Use & Instructions
During the polls
1)Section 123(5) of the Representations 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 votes to and fro 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.
2) For an election to the House of the people, each contesting candidate, on the day of poll, Wii be entitled to :------
a) One vehicle for his own use in respect of the entire Constituency,
b) One vehicle for use of his election agent for entire constituency,
c) In addition, one vehicle for use of his election agent or workers or party worker, as the case may be, in each of the assembly segments compromised in.
3) 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 for the use of his election agent,
c) In addition, one vehicle for use of his worker or party workers.
4) 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 the any candidate. No exception shall be made, irrespective of the statues of the candidate.
5) It is clarified that, henceforth, the candidate or his agents or parties workers or workers will be allowed to use only four/three/two wheeler vehicles, cars(all types) taxied, auto rickshaws, rickshaws and two wheelers.
Link here :-
In these four wheel vehicles not more than 5 persons including driver will be allowed to move on the day of poll. It is further clarified that in the day of poll no other person will be allowed to use the vehicle allotted for candidates or his election agents use .
6) These instructions on plying vehicles will be applicable on all two wheelers like motorcycles and scooters also and shall be made applicable for a period of time 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 vehicles is being used to transport a patient or old/infirm persons.
7) Penal action, both under the provisions of the R. P. 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 Vehicle Act.All vehicle being used in violation of these directions shall be confiscated.
F8) There is however, 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 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 pilling booth to exercise their franchise, but not going anywhere within a radius of 200 metres of a polling station.
c) Vehicle 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,railways station, inter state bus stands, hospital for journeys which can not be avoided.
f) Private vehicles used by sick or disabled people for their own use.
Link here :-
1)Section 123(5) of the Representations 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 votes to and fro 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.
2) For an election to the House of the people, each contesting candidate, on the day of poll, Wii be entitled to :------
a) One vehicle for his own use in respect of the entire Constituency,
b) One vehicle for use of his election agent for entire constituency,
c) In addition, one vehicle for use of his election agent or workers or party worker, as the case may be, in each of the assembly segments compromised in.
2) For an election to the House of the people, each contesting candidate, on the day of poll, Wii be entitled to :------
a) One vehicle for his own use in respect of the entire Constituency,
b) One vehicle for use of his election agent for entire constituency,
c) In addition, one vehicle for use of his election agent or workers or party worker, as the case may be, in each of the assembly segments compromised in.
Link here :-
Elections Legislative Assembly Rules.
3) 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 for the use of his election agent,
c) In addition, one vehicle for use of his worker or party workers.
4) 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 the any candidate. No exception shall be made, irrespective of the statues of the candidate.
5) It is clarified that, henceforth, the candidate or his agents or parties workers or workers will be allowed to use only four/three/two wheeler vehicles, cars(all types) taxied, auto rickshaws, rickshaws and two wheelers.
5) It is clarified that, henceforth, the candidate or his agents or parties workers or workers will be allowed to use only four/three/two wheeler vehicles, cars(all types) taxied, auto rickshaws, rickshaws and two wheelers.
In these four wheel vehicles not more than 5 persons including driver will be allowed to move on the day of poll. It is further clarified that in the day of poll no other person will be allowed to use the vehicle allotted for candidates or his election agents use .
6) These instructions on plying vehicles will be applicable on all two wheelers like motorcycles and scooters also and shall be made applicable for a period of time 24 hours before the time fixed for closure of poll and till the completion of poll.
6) These instructions on plying vehicles will be applicable on all two wheelers like motorcycles and scooters also and shall be made applicable for a period of time 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 vehicles is being used to transport a patient or old/infirm persons.
7) Penal action, both under the provisions of the R. P. 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 Vehicle Act.
7) Penal action, both under the provisions of the R. P. 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 Vehicle Act.
All vehicle being used in violation of these directions shall be confiscated.
F8) There is however, 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.
F8) There is however, 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 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 pilling booth to exercise their franchise, but not going anywhere within a radius of 200 metres of a polling station.
c) Vehicle 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,railways station, inter state bus stands, hospital for journeys which can not be avoided.
f) Private vehicles used by sick or disabled people for their own use.
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 pilling booth to exercise their franchise, but not going anywhere within a radius of 200 metres of a polling station.
c) Vehicle 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,railways station, inter state bus stands, hospital for journeys which can not be avoided.
f) Private vehicles used by sick or disabled people for their own use.
Conclusion :-
These instructions regarding restrictions on misuse of vehicles during elections have been issued under Article 324 of the Constitution and all other powers enabling the Commission in this behalf.
