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ElectionsinIndia2020 - There are running many election in state as well as municipal, panchayat, Z. P. corporations.
ElectionsinIndia2020 - Please take note that following are the provision relating to the corrupt practice and electoral offences in the Representation of the people Act, 1951, and the offences relating to elections in chapter IX-A of the Indian Penal code.
The list enumerated below is not to be taken an exhaustive.
You are advised to study also relevant provisions in the law.
The proof of the commission of these corrupt practices and electoral offences may entail as per law the election being declared void and or also award of punishment as laid in the law.
Election Campaigns -All political parties, candidates and their workers, are using loudspeakers for their electioneering (election) campaigns.
Election Campaigns- 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.
Thus 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 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 impairing information to public.
But at the same time, indiscriminate and unfettered use of loudspeakers at odd hours and at odd places at very high volumes which have the effect of disturbing peaces and tranquility and causing annoyance to the general public, the sick, and the students community in particular cannot be permitted .
Some reasonable restrictions are essential .
After considering all aspects of the matter, the Commission, in exercise of its powers conferred by article 324 of the constitution and all others powers enabling it in this behalf and in supersession of its earlier instructions, hereby DIRECTS that the use of loudspeaker at all future elections shall be strictly regulated as follows :
1) 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 6:00am to 11:00pm in rural areas means outside corporations or municipal limits and between 6:00am and 10:00pm in other areas, areas falling within corporation or munciple limits.
3(i) A public addres system or loudspeakers 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 at night between 10:00pm and 6:00am.
(II) All loudspeaker 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, texts, vans, three wheeler scooters, cycles rickshaw, 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 loudspeakers is used without the said written permit shall be confiscated forthwith along with the loudspeakers and all the apparatus used along with it.
(vi) All political parties, candidates and even others person using any loudspeakers 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 written, 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 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 loudspeakers 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 the 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 permmision 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.
(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 servere 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 acknowledgenent .
(7) The receipt of this letter should be acknowledged immediately.
Conclusion :-
Election Commission of India in election campaign follow the most popular or importance of the laws as per their rules for handle the aged, the infirm and the seeks whether in institutions, hospitals,etc. or at home are also put to severe discomfort.
Restrictions on the printing - The Printing and publication of election pamphlets, posters, etc. is governed by the provisions
Restrictions on the printing - Rules as follows :-1) No person shall print or publish , or cause to be printed or published, any elections 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 arrested by two persons to whom he is personally known, is delivered by his to the printer in duplicate and
(b) Unless within a reasonable time after time 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.
(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's shall be construed accordingly, and
(b) Election pamphlets or poster means by printed pamphlet and 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 handbill, placard or poster merely announcing the date, time, place and other particular of an election meeting or routine instructions to election agents or workers.
(4)Any person who contrivances any of the provisions of sub section [1] or sub section [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
(5) The above restrictions on printing of election pamphlets, posters etc.,have been imposed under the law with a view to establishing the identity of publishers and printers of such documents, so that if any such documents contains any matter or material which is illegal, offending or objectionable like appeal on ground of religion, race ,caste , community or language or character assassination of an opponent, etc, necessary punitive or preventive action may be taken against the persons concerned.
These restrictions also sub serve the purpose of placing a check on the incurring of unauthorized election expenditure by political parties, candidates and their supporters on the printing and publication of election pamphlets, posters etc.
(6) The Commission has noticed that the above provisions of law relating to printing and publication of election pamphlets, posters, etc.,are being followed more in their breach than in their observance.
At the time of elections, a large number of such documents are printed, published ,circulated and pasted on the walls of private and gov. building in respect of which the above mentioned requirements of law have not been complied with. The printing presses rarely send the printed documents to the Chief Electoral Officer or as the case may be, the District Magistrate concerned along with the declaration obtained from the publisher as required under section127 A(2).
Many a time ,the election pamphlets, posters, etc., do not bear on the face the names and addresses of the printer and publisher thereof in violation of section127A(1) .
It is further complained to the Commission that no timely action is taken against the offenders with the result that offending material is freely published and circulated with impunity. In this connection, attention is drawn to the following observations made by the "Supreme Court.
"Even at this stage we may notice that the handbill in question does not contain the name of the printer and publication although the election law so requires.
Unfortunately, when such printed material is circulated, there is no agency of the law which takes prompt action after due investigation, with the result that no printer or candidate or propagandist during elections bothers about the law and he is able successfully to spread scandal without a trace of source, knowing that nothing will happen until long after the election, when in a burden some litigation this question is raised.
Timely enforcement is as important as rule of law as the making of legislation. "
(8) In order that in future there is strict observance of, and compliance with, the requirements of the above mentioned provisions of law on the subject, the commission, in exercise of its powers under article 324 of the constitution and all other powers enabling it in this behalf, and in suppression of all , hereby directs as follows :----
(1) As soon as any election from a parliamentary, Assembly or council constituency is announced by the election commission, the District Magistrate shall within three days of such announcements of election, write to all printing presses in their districts.
(a) Pointing out to them the requirements of above mentioned section 127A and specifically instructing them to indicate clearly in the print line the names and addresses of printer and publisher of any election pamphlet or posters such other material printed by them.
(b) Asking the printing presses to send the copies of the printed materials (along with three extra copies of each such copies or material) and the declaration obtained from the publisher as required under section 127A(2)within three days of its printing.
(c) Impressing on them in clear terms that any violation of the provisions of section 127A and the above directions of the commission would be very seriously viewed and stern action, which may in appropriate cases include even the revocation of the licence of the printing press under the relevant laws of the state, would be taken.
(9) The chief electoral officer shall do likewise in respect of the printing presses located at the state capitals.
(10) Before undertaking the printing of any election pamphlet or poster, etc, printer shall obtain from the publisher a declaration in terms of section 127A(2) in the proforma prescribed by the commission in Appendix A hereto. This declaration shall be duly signed by the publisher and arrested by two persons to whom the publisher is personally known.
It should also be authenticated by the printer when it is forwarded to the chief electoral officer or the District Magistrate, as the case may be.
(11) As directed above, the printer shall furnish four copies of the printed material, along with the declaration of the publisher, within three days of the printing thereof.
Along with such printed materials and the declaration ,the printer shall also furnish the information regarding numbers of copies of document printed and the price charged for such printing job, in the proforma prescribed by the commission in Appendix -B hereto. Such information shall be furnished by the printer, not collectively but separately, in respect of each election pamphlets, posters etc. Printed by him within three days of the printing of each such document.
(12)As soon as a District Magistrate receives any election pamphlet or posters,etc , from a printing press, he shall examine whether the publisher and printer have complied with the requirements of law and the above directions of the Commission.
He shall also cause one copy thereof to be exhibited at some conspicuous place in his office so that all political parties, candidates and other interested persons may be able to check whether the requirements of law have been duly complied with in relation to such document and which would also enable them to bring to the notice of the authorities concerned the cases of other election pamphlets,posters,etc., in respect of which the above requirements of law have been violated
(14) The chief electoral officer and District Magistrates shall initiate prompt action for investigation forth with if any case of publication of election pamphlets, posters, etc., in violation of the above mentioned provisions of said section 127A and or the Commission's above directions either comes, or is brought to their notice. In all such cases prosecutions should be launched against the offenders most expeditiously and these cases should be pursued vigorously in the courts concernetrat
(15) The Commission hereby cautious all political parties, candidates and others concerned that any violation of the law and the Commission's directions on the above subject will be viewed with utmost concern and the most stringent action possible will be taken against the offenders.
Conclusion :-
If any officer who is responsible for the enforcement of the above provisions Restrictions on the printing of the law and the directions of the Commission is found to have failed in the due discharge of his duties in this regards, he will be liable to severe disciplinary action apart from any penal action that may be called for against him for breach of his official duty.
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.
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.
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.
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.
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.
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.
2019 ElectionsIndia - The Indian general elections is scheduled to be held in 7 phases from 11 April 2019 to 19 May 2019 to constitute the 17th Lok Sabha .
2019 ElectionsIndia - ElectionsIndia takes place in India when any states /central government completes its five -years . The upcoming general elections in India will be you most expensive in Indian history. The counting of votes will be conducted on 23 May 2019 and on the same day the results will be declared.
1)
a) For canvassing through auto-rickshaw with sound systems.
b) Sound system for public meeting of 500 people.
c) 5KW Genrater System for public meeting.
2)
a) Tent
b) Wooden framing work for podium
c) Welcome Gate ordinary quality
d) Welcome Gate special quality
e)Plastic chair special quality
f) Bed with bed sheet per piece
g) Mattress
3)
a) Cloth Banners
4)
a) Cloth Flags
5)
a) Plastic Flags
6)
a) Handbills (1/4 ) size or (1/8) size
7)
a) Posters(offset printed posters) size 1/2 and 1/4
8)
a) Hordings(Digitally printed)
9)
a) Cuts Outs(wooden)
10)
a) Cuts Outs(cloth/plastic)
11)
a) Video Cassettes. Video CD(compact Disc)
12)
a) Audio Cassettes. Audio CD (compact Disc)
13)
a) Erection Gate(Welcome gate ordinary or special)
14)
a) Erection of Arches
15) Vehicle (without fuel)
a) Motor cycle/scooter
b) Jeep/tempo/trecks/bolero/sumo
c)Auto rickshaw three wheeler
d) Trucker with tralers
e) Qualis /Tavera
f)Tata Indica car
g) Indigo/Ford Iconcar
h) Inoval Zailo(Mahindra)
I) Varnal/Honda city/Ford Fista
j)Maruti car/uno/Santrocar
k) Cycle rickshaws
l)Mini trucks
m)Heavy vehicle
n) Mini Bus(18+1)sits
o) Ordinary Bus(35+1) seaters
16)Hotel rooms and Guest houses
a) A/C rooms with single /double beds
b) Non AC Deluxe room(single/double bed)
c) Economy room with (single /double)
d) Non AC Family room(3bed/5beds)
17) Drivers
18)Furniture
a) plastic chair, sofa, fixtures, tube lights, pedestal fans.
Please take note that following are the provision relating to the corrupt practice and electoral offences in the Representation of the people Act, 1951, and the offences relating to elections in chapter IX-A of the Indian Penal code.
The list enumerated below is not to be taken an exhaustive. You are advised to study also relevant provisions in the law. The proof of the commission of these corrupt practices and electoral offences may entail as per law the election being declared void and or also award of punishment as laid in the law
(1) Representation of the people Act -1951
Section123-(I) Bribery, (2)undue influence, (3) appeal on the ground of religion , race , caste , community or language or the use of, or appeal to religious or national symbols, (4) promotion of feelings of enmity or hatred between different classes of citizens on grounds of religion, race, caste, community or language (5) publication of false statement in relation to the personal character or conduct of a candidate or his candidature, (6) the hiring or procuring of vehicles or use of such vehicle for the free conveyance of voters, (7) the incurring or authorizing of election expenses in excess of the prescribed limits, and (8) the obtaining or procuring of assistance from specified categories of govt. servants, and (9) booth capturing.
(B) Electoral Offences
2. Section 125---Promoting enmity between different classes in connection with election.
3. Section 126---Prohibition of public meeting during the prohibited period.
4. Section 127---Disturbance at election meetings.
5. Section 127-A Restrictions on the printing of pamphlets, posters, etc.
6. Section 128--- Maintenance of secrecy of votes.
7. Section 130---Prohibition of canvassing in or near polling stations.
8. Section 131---Disorderly conduct in or near polling stations.
9. Section 132---Misconduct at Polling station.
10. Section 133---Illegal hiring or procuring of conveyance at elections .
11. Section 134-B Prohibition of going armed to or near to polling station.
12. Section 135---Removal of ballot papers from polling stations.
13. Section 135-A Offence of booth capturing.
14. Section 135-C Liquor not to be sold, given or distributed on polling day.
15. Section 136---Fraudulent or unauthorized destruction of election papers, documents, ballot papers, ballot boxes etc.
(2) Indian Penal Code-----
1. Section 171B---Bribery.
2. Section 171C---Undue influence at elections.
3. Section 171D---Personation at elections.
4. Section 171G---False statement in connection with an election.
5. Section 171H---Illegal payments in connection with an election.
6. Section 171I---Failure to keep election accounts.
The Printing and publication of election pamphlets, posters, etc. is governed by the provisions as follows :----------
1) No person shall print or publish , or cause to be printed or published, any elections 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 arrested by two persons to whom he is personally known, is delivered by his to the printer in duplicate and
(b) Unless within a reasonable time after time 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 purpose of the 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's shall be construed accordingly, and
(b) Election pamphlets or poster means by printed pamphlet and 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 handbill, placard or poster merely announcing the date, time, place and other particular of an election meeting or routine instructions to election agents or workers.
(4)Any person who contrivances any of the provisions of sub section [1] or sub section [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
(5) The above restrictions on printing of election pamphlets, posters etc.,have been imposed under the law with a view to establishing the identity of publishers and printers of such documents, so that if any such documents contains any matter or material which is illegal, offending or objectionable like appeal on ground of religion, race ,caste , community or language or character assassination of an opponent, etc, necessary punitive or preventive action may be taken against the persons concerned. These restrictions also sub serve the purpose of placing a check on the incurring of unauthorized election expenditure by political parties, candidates and their supporters on the printing and publication of election pamphlets, posters etc.
(6) The Commission has noticed that the above provisions of law relating to printing and publication of election pamphlets, posters, etc.,are being followed more in their breach than in their observance. At the time of elections, a large number of such documents are printed, published ,circulated and pasted on the walls of private and gov. building in respect of which the above mentioned requirements of law have not been complied with. The printing presses rarely send the printed documents to the Chief Electoral Officer or as the case may be, the District Magistrate concerned along with the declaration obtained from the publisher as required under section127 A(2). Many a time ,the election pamphlets, posters, etc., do not bear on the face the names and addresses of the printer and publisher thereof in violation of section127A(1) .
It is further complained to the Commission that no timely action is taken against the offenders with the result that offending material is freely published and circulated with impunity. In this connection, attention is drawn to the following observations made by the "Supreme Court. "Even at this stage we may notice that the handbill in question does not contain the name of the printer and publication although the election law so requires. Unfortunately, when such printed material is circulated, there is no agency of the law which takes prompt action after due investigation, with the result that no printer or candidate or propagandist during elections bothers about the law and he is able successfully to spread scandal without a trace of source, knowing that nothing will happen until long after the election, when in a burden some litigation this question is raised. Timely enforcement is as important as rule of law as the making of legislation. "
(8) In order that in future there is strict observance of, and compliance with, the requirements of the above mentioned provisions of law on the subject, the commission, in exercise of its powers under article 324 of the constitution and all other powers enabling it in this behalf, and in suppression of all its previous instructions on the subject, hereby directs as follows :----
(1) As soon as any election from a parliamentary, Assembly or council constituency is announced by the election commission, the District Magistrate shall within three days of such announcements of election, write to all printing presses in their districts.
(a) Pointing out to them the requirements of above mentioned section 127A and specifically instructing them to indicate clearly in the print line the names and addresses of printer and publisher of any election pamphlet or posters such other material printed by them.
(b) Asking the printing presses to send the copies of the printed materials (along with three extra copies of each such copies or material) and the declaration obtained from the publisher as required under section 127A(2)within three days of its printing.
(c) Impressing on them in clear terms that any violation of the provisions of section 127A and the above directions of the commission would be very seriously viewed and stern action, which may in appropriate cases include even the revocation of the licence of the printing press under the relevant laws of the state, would be taken.
(9) The chief electoral officer shall do likewise in respect of the printing presses located at the state capitals.
(10) Before undertaking the printing of any election pamphlet or poster, etc, printer shall obtain from the publisher a declaration in terms of section 127A(2) in the proforma prescribed by the commission in Appendix A hereto. This declaration shall be duly signed by the publisher and arrested by two persons to whom the publisher is personally known. It should also be authenticated by the printer when it is forwarded to the chief electoral officer or the District Magistrate, as the case may be.
(11) As directed above, the printer shall furnish four copies of the printed material, along with the declaration of the publisher, within three days of the printing thereof. Along with such printed materials and the declaration ,the printer shall also furnish the information regarding numbers of copies of document printed and the price charged for such printing job, in the proforma prescribed by the commission in Appendix -B hereto. Such information shall be furnished by the printer, not collectively but separately, in respect of each election pamphlets, posters etc. Printed by him within three days of the printing of each such document.
(12)As soon as a District Magistrate receives any election pamphlet or posters,etc , from a printing press, he shall examine whether the publisher and printer have complied with the requirements of law and the above directions of the Commission. He shall also cause one copy thereof to be exhibited at some conspicuous place in his office so that all political parties, candidates and other interested persons may be able to check whether the requirements of law have been duly complied with in relation to such document and which would also enable them to bring to the notice of the authorities concerned the cases of other election pamphlets,posters,etc., in respect of which the above requirements of law have been violated .
(14) The chief electoral officer and District Magistrates shall initiate prompt action for investigation forth with if any case of publication of election pamphlets, posters, etc., in violation of the above mentioned provisions of said section 127A and or the Commission's above directions either comes, or is brought to their notice. In all such cases prosecutions should be launched against the offenders most expeditiously and these cases should be pursued vigorously in the courts concerned.
(15) The Commission hereby cautious all political parties, candidates and others concerned that any violation of the law and the Commission's directions on the above subject will be viewed with utmost concern and the most stringent action possible will be taken against the offenders.
(16) If any officer who is responsible for the enforcement of the above provisions of the law and the directions of the Commission is found to have failed in the due discharge of his duties in this regards, he will be liable to severe disciplinary action apart from any penal action that may be called for against him for breach of his official duty.
The Commission has, in the past, issued various instructions from time to time regarding applicability of the Model Code of Conduct on prevention of misuse of vehicles during elections. 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. 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.
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. 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.
8) 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.
Use and 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. Thus 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 seeks whether in institutions, hospitals,etc. or at home are also put to severe discomfort.
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 impairing information to public. But at the same time, indiscriminate and unfettered use of loudspeakers at odd hours and at odd places at very high volumes which have the effect of disturbing peaces and tranquility and causing annoyance to the general public, the sick, and the students community in particular cannot be permitted . Some reasonable restrictions are essential .
After considering all aspects of the matter, the Commission, in exercise of its powers conferred by article 324 of the constitution and all others powers enabling it in this behalf and in supersession of its earlier instructions, hereby DIRECTS that the use of loudspeaker at all future elections shall be strictly regulated as follows :-
1) 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 6:00am to 11:00pm in rural areas means outside corporations or municipal limits and between 6:00am and 10:00pm in other areas, areas falling within corporation or munciple limits.
3(i) A public addres system or loudspeakers 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 at night between 10:00pm and 6:00am.
(II) All loudspeaker 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, texts, vans, three wheeler scooters, cycles rickshaw, 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 loudspeakers is used without the said written permit shall be confiscated forthwith along with the loudspeakers and all the apparatus used along with it.
(vi) All political parties, candidates and even others person using any loudspeakers 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 written, 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 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 loudspeakers 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 the 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 permmision 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.
(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 servere disciplinary action against the defaulting officers.
Conclusion :-
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 in 2019 electionsindia under acknowledgement . The receipt of this letter should be acknowledged immediately.
