Transcript DEO RO Training
Video Conferencing Presentation for
District Election Officers & Returning Officers for Gujarat & Himachal Pradesh Assembly Elections 26
th
September, 2012
1
NOMINATION PROCESS
2
Notification of General Election to a State Legislative Assembly (Sec. 15 of R.P.Act, 1951)
The Governor shall by one or more notifications call upon all Assembly Constituencies members on in the the State date or to elect dates recommended Commission.
by the Election 3
Notification of dates for Nominations etc. (Section 30 of R.P.Act, 1951)
As soon as the Notification under section 15 is issued, the Commission shall by Notification in the official Gazette, appoint a) the last date for making nominations b) the date for scrutiny c) last date for the withdrawal of candidatures.
d) the date or dates on which poll shall, if necessary, be taken e) the date before which the election shall be completed.
4
District Election Officers, Returning Officer, Presiding Officers etc. deemed to be on Deputation to Election Commission (See 13 cc of R.P.Act, 1950 and Sec. 28A of R.P.Act, 1951)
District Election Officer, Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer 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.
5
Returning Officer, Presiding Officers etc. deemed to be Deputation to Election Commission (Sec. 28A of R.P.Act, 1951) .....
Such Officers shall, during the period, be subject to the control, superintendence and discipline Commission.
of the Election 6
Nominations
Public Notice
Rules 61) — (Sec. 31 of RP Act 1951 and R. 3 of CE i.
ii.
iii.
iv.
Public Notice in Form-1 – to be published on the day of notification of election (u/s 15 and 30) specifying the name of ARO who will also receive the nomination paper, place & date of time of receiving the some.
In English and in the language used for the official purpose of the State.
To be published on the notice boards of RO, Panchayat Samiti and Tehsil, PSs etc.
Normally one ARO should be specified in Form-1 who will also receive nominations, and he should, as far as possible, be the one stationed at RO's headquarters.
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………Nominations
(i) (ii) (iii) (iv)
Presentation of Nomination Paper
(Sec.32.33,33A of RP Act, 1951 and R.4, 4A of CE Rules, 1961; Ch-V of RO Hand Book-2012, ECI's letter, dated 3/4/2012 and 24.8.2012) Nomination paper must be in Form 2-B.
May be presented on the day of public notice or any of the seven days following that day unless any of these days is a
public holiday.
Every holiday for Government offices is not to be treated as 'public holiday', unless that is declared under N.I. Act, 1881 as 'public holiday'.
ARO should sign as "Assistant Returning Officer" and not "for Returning Officer".
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………Nominations ……….Presentations of Nominations Papers
(v) (vi) Copies of ECI's letter dt. 24.8.2012 and revised format of Form 26 be supplied to the intending candidates as and when they are supplied form of nomination paper.
Either RO or ARO must be present for receiving nominations but on the last day of nomination the RO himself (not ARO alone) should be present.
(vii) Nomination papers shall be presented
candidate personally
or
by proposer
the
place specified
and at no other place.
by
at 9
………Nominations ……….Presentations of Nominations Papers
(viii) Time of presentation - between 11:00 A.M.
and 3:00 P.M. If some intending candidates or proposers are physically present in the office at 3:00 P.M. their nominations should P.M.
be treated as presented at 3:00 (ix) A maximum of 4 nomination papers of be accepted.
(x) No candidate can be nominated than two Assembly constituencies.
candidate from more (xi) Under Section 20A of the RP Act, 1950, overseas electors can contest elections, subject to the fulfillment of the other requirements of the law.
(xii) The RO shall display one copy of the
affidavit accompanying the nomination on the notice board
of his office.
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………Nominations ……….Presentations of Nominations Papers
(xiii) (xiv) (xv) (xvi) (xvii) If anyone contradicts any information in the nomination paper or affidavit by means of a duly sworn affidavit, copies of such papers should also be displayed on the notice board.
In nomination paper and affidavit, no column should be left blank.
Only 4 persons can enter in the office of RO other than the candidate.
During filing of nominations maximum 3 vehicles to be allowed to come within periphery of 100 meters of RO/ARO's office.
A police officer not below the rank of a Dy.SP should be appointed as a nodal officer to ensure strict adherence of the above.
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………Nominations
Preliminary examination of nomination papers
(Sec.33(4) of RP Act, 1951, Ch-V of RO Hand book-2012) – i. Nomination paper should be examined then and there by RO/ARO from technical point of view, however no formal scrutiny be made at this stage.
ii. Entries in electoral rolls should be compared.
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………Nominations ……….Presentations of Nominations Papers
iii. Where a candidate is an elector from another AC and does not produce copy of roll or the relevant part or a certified extract of electoral roll, indicate that fact, in the Checklist (as per ECI circular dt. 10.2.09) Certified extract of electoral roll can be filed up to the time of scrutiny.
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………Nominations ……….Presentations of Nominations Papers
Checklist regarding documents/requirement
(ECI No.576/ 3/2009/SDR dt. 10.2.09) A checklist of documents required to be filed and other requirements to be fulfilled by candidates at the time of filing of nominations should be maintained.
The checklist should be in duplicate, in respect of each candidate.
Both the copies of above requirements indicated therein shall be signed by RO/ARO as well as the candidate.
checklist with all The duplicate copy of the checklist shall be handed over to candidate/proposer and original copy to be retained by RO/ARO.
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………Nominations ……….Presentations of Nominations Papers
No separate notice/memo is required to be given to candidates in respect of the items mentioned in the checklist.
If and when a document is filed subsequent to filing of nomination, give a receipt mentioning therein the date and time - This should also be indicated in the original copy of checklist retained by RO.
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………Nominations ……….Presentations of Nominations Papers Proforma of Checklist
is given in the ECI circular No. 576/3/2009/SDR dt. 10.2.09 The items of Checklist are: — Certified extract of electoral roll (when candidate is an elector of different PC) (Whether filed) .
Copy of caste certificate (if candidate claims to belong SC/ST) (whether filed) Affidavit in revised format of Form 26 filed) Security deposit Oath/affirmation (whether made) (whether taken nomination paper has been delivered).
only (whether after his 16
………Nominations ………..Preliminary examination of nomination papers
Proposer
(Sec.33 of RP Act, 1951; Ch. V of R.O.
Handbook-2012) – (i) Any proposer can present nomination paper duly signed by candidate.
(ii) One proposer - in case of a candidate set up by a National recognized party or State recognized party in the State. In case of other candidates ten proposers.
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………Nominations ……….Proposer
(iii) If a State party recognised in other State (but
not recognised in this state
) is granted concession for using its reserved symbol, the nomination of that candidate will also be required to be prescribed by
ten proposers
.
(iv) Proposer should be an elector from the same constituency.
(v) Proposer can propose more than one nomination papers of the same candidate or different candidates.
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………Nominations Acknowledgement of nomination papers
35 of RP Act, 51; Ch-V of RO Hand book-2012) – i.
(Sec. 33 and Give serial number on each nomination paper and enter the date and time also.
ii.
Nomination papers in bunch may be assigned serial numbers in the order in which they are dealt with.
iii. Acknowledgement duly filled up be given for each nomination paper.
iv. Each nomination paper be entered by RO and ARO in one and same register.
v.
Give notice indicating the time, place and date of scrutiny and allotment of symbols vi. Duplicate copy of Checklist duly filled up ECI circular dt. 10.2.09) should also be given.
(as per 19
………Nominations
i.
ii.
iii.
Oath or affirmation
Ch. V of RO Hand book-2012) (Art. 173 of the Constitution; Para 5.47 of – Oath or affirmation in prescribed form RO Hand book) is must.
(Annex. XII of The oath/affirmation by candidate only after his nomination and before the date of scrutiny. It can not be made / subscribed on the day of scrutiny.
Advise the candidate to make the oath/ affirmation immediately after presenting nomination papers - If he does not make it, mention that fact in the Checklist as mentioned above.
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………Nominations ……….Oath or affirmation
iv.
RO, AROs and certain other persons (superintendent of the prison or commandant, medical superintendent, diplomatic or consular) are authorized to administer oath or affirmation.
v.
Not necessary to make oath/ affirmation more than once if a candidate is nominated from more than one constituency.
vi.
After making oath/ affirmation a certificate, in this regard, will be given to the candidate.
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………Nominations
Furnishing of Affidavit
revised format of Form 26 – ECI letter dated 24-8-2012 and (i) Every candidate at the time of filing his nomination paper, shall furnish an affidavit as per ECI letter dated 24-8-2012 and revised format of Form 26 and shall give full and complete information.
(ii) The affidavits should be duly sworn before a magistrate of Ist Class or a Notary or an Oath Commissioner appointed by the High Court - No column in any affidavit should be left blank.
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………Nominations ………...Furnishing of two Affidavits
(iii) If the affidavit is not filed along with nomination paper, this fact may be indicated in the Checklist (as per ECI's circular dt. 10.2.09) . The affidavit can be filed separately by 3:00 PM of the last day of nominations.
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………Nominations
i.
ii.
Memo-forms Candidates etc.
to be given to
at the time of the filing of Nominations A written memo inviting attention towards legal provisions.
A register duly numbered and authenticated by DEO along with form of abstract and affidavit regarding maintenance of daily accounts election expenses- Acknowledgement of (as given in model form) should be sent to DEO within one week from last date of withdrawal Handbook-2012) (See Para 5.89 of Ch. V of RO 24
………Nominations
iii.
iv.
v.
Memo for inviting attention towards provisions relating to printing of posters etc. and instructions of Commission (Sec.
127A of RP Act, 1951 and Commission's order dated 2.9.94; and P. 5.101 of Ch-V of RO Hand Book-2012) Various instructions of ECI Duplicate copy of Checklist, dt. 10.02.2009
(as per ECI circular 25
………Nominations
i.
ii.
iii.
Notice of nominations
and R. 7 of CE Rules, 1961) (Sec.35 of RP Act, 1951 After 3.00 PM on each day a notice of the nomination papers presented on that day in Form 3-A published on your notice board ARO should also do the same in respect of the nomination papers presented before him.
In case more than one nomination papers by a candidate, notice must be given for all of them.
Daily intimation to CEO and DEO.
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………Nominations
i.
ii.
iii.
iv.
Security Deposits
(Sec.34, 55 of RP Act, 1951 and P.-5.69 of Ch-V of RO Hand Book-2012) A receipt of the deposit should be attached with the first nomination paper - If not, indicate this fact in the Checklist (as per ECI's circular dt. 10.2.09) Sum may be deposited in cash with RO or in RBI or a Govt. Treasury under prescribed head.
Security deposit should be made either before the filing of nomination paper or at the time of filing of nominations.
One deposit sufficient for each constituency.
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………Nominations ........Security Deposits
v.
vi.
Separate deposit for different constituency.
Security deposit required for a candidate of general category is Rs. 10000/- and in respect of SC/ST candidate only half of the amount, i.e. Rs. 5000/- even in a general seat - RO must satisfy himself that he is a member of SC/ST.
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………Nominations
Consolidated list of nominated candidates
Ch- V of RO Hand book-2012) – (P. 5.80
i. Immediately after 3 PM on the last date of nominations a complete list of all nomination papers, may be prepared.
ii. The names of candidates may be arranged under 3 categories (i.e. 1. National or State Party; 2. Registered Unrecognized Party; and 3. Independent) and such names shall be arranged in alphabetical order in language as directed by the Commission.
iii. Form of the list is given at Chapter V of RO Hand Book 2012.
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………Nominations ……..Consolidated list of nominated candidates
iv. Name of a candidate to be mentioned once only.
v. Symbols chosen in the first nomination paper be indicated.
vi. In the case of a candidate set up by a Recognised party the reserved symbol may be shown.
vii. Even if more than one candidate has claimed to be set up by the same party, the names of all such candidates may be included in relevant category.
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………Nominations ……..Consolidated list of nominated candidates
viii. Complete address of each candidate must be shown.
ix. Send one copy of the list on the same day to- (i) CEO (ii) Concerned Printing Press allotted (iii) Commission 31
………Nominations
i.
ii.
Safe custody of nomination papers -
Nomination papers along with connected papers shall be kept in safe custody of RO., till transmission to DEO's safe custody after election.
ARO should forward to RO for safe custody all the nomination papers received by him, if any, on daily basis .
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………Nominations
i.
ii.
iii.
iv.
Materials to be kept with RO -
Up-dated list of political parties and reserve and free symbols and their Facsimiles.
Up-dated authenticated set of electoral roll of the AC. Statutory forms Other forms memos, circulars etc., which shall be given to candidates at the time of nominations - Illustrative list is as under: 33
………Nominations ………Materials to be kept with RO
(a) Proforma of checklist 10.2.09) .
(as per ECI circular dt.
(b) Memo-form regarding acknowledgement form.
provisions of maintenance of election expenses and its (c) Registers duly authenticated and numbered, regarding maintenance of election expenses (including form of affidavit) (d) Sufficient copies of Commission's orders (to be given to candidates) (such orders should be compiled in advance) 34
………Nominations ………Materials to be kept with RO
v.
vi.
Register to enter nomination papers.
Form of candidates 2012.
consolidated list of nominated –Chapter V of RO Hand Book vii.
ix.
RO's seal (brass and rubber both) viii.
Cashier with cash receipt book to receive security deposits.
List of disqualified persons, u/s 8A and 10-A of RP Act, 1951.
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………Nominations
i.
ii.
Receiving Form-A and Form B
(Para 13 and 13A of Election Symbols (Reservation & Allotment) Order, 1968) Form A and Form B delivered to RO shall be accepted only up to 3.00 PM on last date of nominations.
Forms signed in ink only, be accepted. Facsimile signatures or signatures by means of rubber stamp or forms transmitted by fax or e-mail shall not be accepted.
Substitution of candidate
Order, 1968) by political party (Para 13A of Symbol If a political party submits Form B in respect of more than one candidate and does not indicate that earlier notice has been rescinded, then Form 'B' in respect of the candidate
whose nomination paper was first delivered, shall be accepted
as candidate set up by that party.
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• A candidate deemed to be set up by a political party if.
(a) He has made a declaration in the nomination paper.
(b)The said notice is signed by the President/Secretary or any other office bearer authorised by the party.
(c) The name & specimen signature of such authorised person are communicated to RO & CEO in Form A not later than 3.00pm on the last date of making nomination.
(d) The authorised person/President/Secretary will nominate a candidate of the party in Form B which should reach the RO not later than 3.00pm of the last date of making nomination.
(e) Fax copy or copy by e-mail and facsimile signature are not acceptable.
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………Nominations
i.
ii.
iii.
iv.
Display of information submitted by the candidates regarding affidavit
2012) ( Sec. 33-A of RP Act 1951, ECI letter No.
3/4/2012/SDR dated 24.8.2012 and para 5.65 Chapter V of R.O. Hand book A copy of nomination paper, revised affidavit (Form 26) to be displayed at a conspicuous place at the office of RO on the same day. Copies to be given freely to electronic media/press, NGO and any other person.
Scanning and uploading of the affidavits on the website of CEO state immediately and not later than 24 hours of nomination is received.
Affidavits of all candidates shall be displayed on the notice board (s) within 24 hrs of filing of the same.
Information to the contrary, by means of counter affidavits, shall also to be displayed.
38
………Nominations ……Display of information submitted by the candidates regarding affidavits
iv. A copy of affidavit should be sent to DEO at the earliest, who will consolidate all such affidavits and make available their copy to any applicant on nominal payment of copying charges.
v.
Constituency-wise consolidated furnished by candidates on "Govt. Dues" in affidavit should be published by RO in a format in two local news papers within two days after the list of contesting candidates.
information (Chapter V of RO Hand book-2012 and ECI No. 3/ER/2004/JS-II dt. 9.3.2004) .
39
Scrutiny of nomination papers
• •
Scrutiny by RO himself
(Sec.22 (2) of RP Act, 51 P. 1 Ch-VI of RO Hand Book-2012) Scrutiny of nomination papers has to be done by RO himself except when he is unavoidably prevented from performing the said function.
In that case RO should record reasons and authorize ARO in writing.
Whole process of filing of nominations and scrutiny of nomination papers should be videographed in all cases.
40
………Scrutiny of nomination papers
• •
Entry into place fixed for scrutiny
(Sec. 36 (1) of RP Act, 51 P.-2 Ch. VI of RO Hand Book-2012) On the date and hours fixed for scrutiny, only following persons should be allowed (a) candidate himself (b) his election agent (c) one proposer for each candidate, and (d) one another person duly authorised by candidate in writing.
Reasonable facilities for examining nomination papers be given to the persons.
the 41
………Scrutiny of nomination papers
Scrutiny
(Sec.33, 36 of RP Act and R.4 of CE Rules, 1961; Ch-VI of RO Hand Book-2012) i.
Scrutiny is a quasi-judicial function.
ii. All nomination papers are to be scrutinized.
iii. Reason to be recorded in case of any rejection of nomination paper or of an objection.
iv. Crucial date for qualifications and disqualification is the date fixed for scrutiny.
v. Be liberal in overlooking minor technical or clerical errors.
vi. No-rejection on the ground of any defect which is not of a substantial nature.
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………Scrutiny of nomination papers ……..Scrutiny
vii. Where a recognised party has sponsored a candidate as main candidate and another one as substitute candidate, take nomination papers of main candidate first in scrutiny. If the nomination paper of main candidate is found valid, the substitute candidate shall not be deemed to have been set up by that party.
However, substitute candidate shall be treated as independent in case he has been proposed by 10 proposers.
viii. Where a candidate had not made a declaration in his nomination paper that he had been set up by a political party, he shall not be deemed to have been set up by that party.
ix. Inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked [Proviso of Sec. 33 (4)] 43
………Scrutiny of nomination papers ……..Scrutiny
x.
Question of case of
genuine caste certificate
should satisfy himself that candidate from a reserved constituency belongs to SC or ST. In doubt, the RO must insist - RO on production of SC/ST certificate - Wherever certificate produced is also challenged, RO need not go into question, except where it is alleged that the certificate is forged. In case of any which allegation/suspicion genuineness of the certificate, RO should get the position cross checked with the authority issued the certificate about (ECI's the No.
4/3/2008/JS-II/Vol.III dt. 2.7.2008) .
44
………Scrutiny of nomination papers
(i)
Grounds for rejection
book-2012 & Sec.36 of RP Act, 51) (P. 10 of Ch-VI of RO Hand Reject nomination paper if the (a) Candidate is not qualified, or (b) Candidate is clearly disqualified, or (c) Candidate has failed to comply with any provisions of Section 33, 33A and 34 of RP Act, 1951.
(d) Signature of candidate or proposer is not genuine.
(e) Non furnishing of affidavit 45
………Scrutiny of nomination papers ………Grounds for rejection
(ii) For
Qualifications
see provisions of (a) Article-173 of the Constitution, (b) Section 5 of RP Act, 1951, (c) Section 55 of RP Act, 1951, (iii) For
Disqualifications,
see provisions of (a) Article-191 of the Constitution.
(b) Section 8, 8A, 9, 9A, 10, 10A of RP Act, 1951.
(c) Section 16 of RP Act, 1950 read with section 36 (7) of RP Act, 1951.
(d) State Legislature Act.
(Removal of Disqualifications) 46
………Scrutiny of nomination papers ………Grounds for rejection
(iv) Record reasons for rejecting a nomination paper on the spot and supply certified copies of the order, free of cost, in case where all the nomination papers of candidate have been rejected. This may be done even in the absence of an application by the candidate.
47
………Scrutiny of nomination papers
Qualifications-
Must be a citizen of India (Art. 173(a)) Must be an elector Constituency in the State.
for (Sec. 5) any member of SC in the State.
(Sec. 5(a)) Assembly In case of a seat reserved for SC, must be a In case of a seat reserved for ST, must be a member of ST in State.
(Sec. 5(a)) 48
………Scrutiny of nomination papers ........Qualifications
Must make and subscribe before authorised person an oath or affirmation in the form set out in Third Schedule.
(a)) (Art. 173 On the date fixed for scrutiny of nominations, minimum age must be 25 years.
(Sec. 36 (2)(a) and Art. 173 (b)) A member of SC or ST is eligible also for a seat not reserved for SC or ST.
(Sec. 55) 49
………Scrutiny of nomination papers Disqualifications under Constitution —
If a person holds any
Govt. of India office of profit
or any under the
State Government
Exceptions - Ministers of Central Government or State Government (Art. 191(a)) - Other exceptions are mentioned in State Legislature (Removal of Disqualifications) Act.
If a person is of unsound mind, so declared by a competent court (Art. 191 (b)) If a person is an un-discharged insolvent (1) (c)] [Art. 191 50
………Scrutiny of nomination papers .......Disqualifications under constitution
If a person is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State acknowledgment or of is under allegiance any or adherence to a foreign State.
[Art. 191 (1) (d)] 51
………Scrutiny of nomination papers Disqualification under R.P.Act 1951-
Disqualification on certain offences
ground of conviction
for (Sec.8 of RP Act, 1951, ECI No. 509/5/2005 JS-I dt. 14.1.05 and dt. 20.1.2005) (i) Disqualification commences from date of conviction, and shall continue: — (a) in case of only fine for a period of six years, and (b) in case of imprisonment till further period of six years since his release.
52
………Scrutiny of nomination papers ……..ground of conviction
(ii) Offences and disqualification (a) (b) period of imprisonment For offences mentioned u/s 8(1) - Any penalty or any period of imprisonment.
For offences mentioned u/s 8(2) Imprisonment for minimum 6 months.
for (c) For any other offences (Sec 8(3)) minimum imprisonment of 2 years.
(iii) In case of conviction for more than one offence in a common trial and with the sentences of
imprisonment
imprisonment for each offence Act, 1951.
to run consecutively
, for
should be added
the purposes of Sec. 8(3), the period of sentence of and if the total length of time is two years or more, the convicted person shall be disqualified u/s 8(3) of RP 53
………Scrutiny of nomination papers ……..ground of conviction
(iv) The above interpretation would be equally applicable to the provisions of Sec. 8(2).
(v) Disqualification under sub section 1,2,3 shall not, in the case of sitting MP/MLA on the date of conviction, take effect until three months have lapsed from that date or if within that period an appeal or revision is filed in respect of the conviction or the sentence, until the appeal or revision is disposed of by the court.
(v) Protection u/s 8(4) would be available to a sitting MP/MLA only for the membership of the current house, and not for future election.
54
………Scrutiny of nomination papers Disqualification on ground of corrupt practice
(Sec. 8 A)
-
• On being found guilty of a corrupt practice by an order in election petition or in election appeal-Period of disqualification up to six years, as determined by the President after obtaining opinion of ECI.
Disqualification for dismissal for corruption or disloyalty
(Sec. 9)
-
• Period of disqualification five years from the date of dismissal- ECI may issue a certificate, if applied for on the ground that dismissal not on ground of corruption or disloyalty [See Sec. 33(3) also] 55
………Scrutiny of nomination papers Disqualification for Government contracts etc
[Sec. 9A]
-
• If there subsists a contract with
the State Government
for supply of goods or for execution of any works - However the contract shall be deemed not to subsist, where the contract has been fully performed by the person Government has not performed its part.
and 56
………Scrutiny of nomination papers Disqualification for office under Government Company [Sec. 10] -
• A managing agent, manager or secretary of any company or corporation (other than cooperative society) in which the or more share.
State Government
has 25% 57
………Scrutiny of nomination papers
•
Disqualification for failure to lodge account of election expenses (Sec. 10A) -
Disqualification for three years from the date of order of ECI.
• ECI, may remove any disqualification under Sec.
8, 9, 9A, 10 and 10 A or reduce the period of any such disqualification (Sec. 11) 58
………Scrutiny of nomination papers
List of disqualified persons
• For the purpose of Sec. 8 A, and 10 A please refer the latest list of disqualified persons issued by ECI.
59
………Scrutiny of nomination papers
Adjournment of Scrutiny
Adjournment
objections of proceedings/hearing of (Sec .36 (5) of R.P Act, 1951 and P. 11 of Ch. VI of RO Hand Book-2012) - only in the circumstances laid down in section 36(5) - Not beyond 11.00
AM of next day but one following the date fixed for scrutiny, in any particular case.
60
•
………Scrutiny of nomination papers
List of validly nominated candidates
(8) of RP Act, 1951 and R.8, 22(3), 30(3) of CE Rules, 1961 and P. 12, 13 and 14 of Ch. VI of RO Hand Book-2012) (Sec. 36 List shall be prepared in Form 4 and affixed on notice board. Names shall be classified into three categories i.e.
(i) Candidates of Recognised National/State Political Parties in the State.
(ii) Candidates of registered unrecognized political parties.
(iii) Other (Independent) candidates.
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• • •
………Scrutiny of nomination papers ………List of validly nominated candidates
Names to be arranged in alphabetical order in languages as specified by the Commission in each category- first letter of the name as given in nomination paper, shall be considered, irrespective of whether the name or surname. However, initials (viz T.K., Reddy) prefixed to the name should be ignored for this purpose. In case, if two candidates in the same category have the same name but different initial, the two names shall be arranged inter se with reference to the first letter of the initials.
Prefixing or suffixing honorific titles to names are permitted, but these prefixes are not taken into account in the determination of the alphabetical arrangements of names.
Only one entry for a candidate.
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………Scrutiny of nomination papers ………List of validly nominated candidates
•
Send: -
(i) Two copies along with English translation to CEO by E-mail and Fax.
(ii)
Corrections in the names of candidates –
( Ch.
VI of RO Hand Book-2012) - Spelling of the name may be corrected or alteration in the name may be made on application either at the time of nomination or immediately after the scrutiny or at the time of allotment of symbols, and before the preparation of list of contesting candidates.
One copy along with English translation to Commission.
(iii) One copy to Govt. Press allotted.
63
………Scrutiny of nomination papers
(i)
Substitute Candidates
(Sec. 33 and 36 of RP Act, 1951; Ch.VIII of RO Hand Book-2012) The nomination paper of substitute candidate will be rejected if the nomination paper of main candidate of party is accepted.
However if such substitute candidate has also filed nomination paper subscribed by ten proposers, then this nomination paper will be scrutinized independently by treating him as an independent candidate.
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………Scrutiny of nomination pap ers ……..Substitute Candidates
(ii) Where the nomination paper of the main approved candidate is rejected, the substitute candidate will be treated as main candidate of the party and his nomination paper will be scrutinized accordingly.
(iii) Where the main candidate withdraws and the substitute independent candidate still candidate, in the such field as substitute candidate will become main candidate of party.
65
………Scrutiny of nomination papers
Candidates claiming to be set up by a recognised party -
If a candidate files a nomination with both Part-I and Part-II thereof filled, and he fails to bring Form A and B, the nomination paper may be accepted as independent candidate, if Part-II is properly filled up and subscribed by ten proposers.
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Case Studies for ROs regarding scrutiny of nominations
Case of wrongful acceptance of nomination at bye-election to the Jammu & Kashmir Legislative Assembly from Hazratbal Assembly Constituency in 2009.
At the above bye-election, one of the candidates claiming to have been setup by a recognized State political party submitted Form-B from the party. In that Form-B, all details with regard to name and other particulars of the candidate were left blank. This was a defect of substantial character in Form-B and yet the Returning Officer accepted the nomination paper. On being asked to review his order, the Returning Officer took a specious plea that the Election Symbols (Reservation and Allotment) Order, 1968, did not apply to elections to J&K Legislative Assembly, despite the Chief Electoral Officer bringing to his notice that the said Symbol Order had been made applicable to J&K specifically by a notification of the Election Commission under section 138 of the Jammu & Kashmir Constitution (which is akin to Article 324 of the Constitution of India).
67
Case of wrongful acceptance of nomination at bye-election to the Jammu & Kashmir Legislative Assembly from Hazratbal Assembly Constituency in 2009.
• The Commission had perforce to cancel the bye election, as it could not allow a totally vitiated election to continue. The Returning Officer was also placed under suspension and disciplinary proceeding were initiated against him for his partial conduct as the candidate in question was a candidate of the ruling party in the State Government.
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Wrongful acceptance of nomination paper of under-aged candidate at election to the Madhya Pradesh Legislative Assembly in 2008.
At the above election, one of the candidates had declared his age as 24 years in his nomination paper as well as in his affidavits filed alongwith his nomination paper. Yet, the Returning Officer accepted his nomination paper on the ground that nobody raised objection in regard to nomination. The acceptance of the nomination paper was palpably wrong inasmuch as the Constitution (Article 173) provides that the candidate must be of the age of 25 years and the law authorizes the Returning Officer to raise suo motu objection if he finds that a candidate is not qualified or is disqualified for contesting election. The Returning Officer, however, subsequently rejected his nomination, when asked by the Commission to have a relook into the matter.
69
Wrongful rejection of nomination paper of a candidate at his back, having accepted it in the candidate’s presence, at election to the Uttarakhand Legislative Assembly from Kotdwar Assembly Constituency in 2002. • The Returning Officer at the above election accepted the nomination paper of a candidate at the time of scrutiny and wrote the word ‘ *Lohdkj* ’ on his nomination paper. Subsequently, in the absence of that candidate, the RO added the letter *v* before the word ‘‘ *Lohdkj* ’ to read it as ‘ *vLohdkj* ’ and thereby rejected his nomination and the candidate concerned was not allowed to contest election.
The Supreme Court, in election appeal, and after examining the report of the forensic lab held that the RO had wrongly rejected the nomination paper by making unauthorized alteration in his order.
The result was that the election of the returned candidate was set aside and the Commission had to hold a bye- election at considerable expense to the State exchequer as well as to the political parties and candidates.
70
Wrong rejection of nomination paper of candidate at General Election to Himachal Pradesh Legislative Assembly from 14-Solan Assembly Constituency in 1998.
• At the above election, two candidates claimed to have been set up by a registered political party (which was a recognized State party in another State).
Both the candidates had filed their nomination papers proposed by ten proposers each. After accepting one of the nomination papers of one of the candidates in whose favour the party had submitted Forms A and B, the Returning Officer rejected the nomination of the second candidate on the erroneous assumption that a party can set up only one candidate and the nomination of the other candidate could not be accepted.
The Returning Officer was obviously in the wrong as, in this case, the second candidate should have been treated as independent candidate as his nomination paper was validly subscribed by ten proposers.
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Wrong rejection of nomination paper of candidate at General Election to Himachal Pradesh Legislative Assembly from 14-Solan Assembly Constituency in 1998.
• On election petition being filed after the election, the election of the returned candidate was declared void by the High Court, though there was absolutely no fault on the part of the returned candidate and she had to suffer on account of the Returning Officer’s mistake.
The Supreme Court also could not grant any relief to the returned candidate who was unseated by the High Court.
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Withdrawal of Candidature
Notice for withdrawal of candidature
(Sec.37, of RP Act, 1951 and R. 9 of CE Rules, 1961 and Ch. VII of RO Hand book 2012) (i) Candidate may withdraw his candidature by a notice in Form 5.
(ii) Form 5 duly signed by candidate shall be delivered by (i) candidate in person, or (ii) his proposer, or (iii) his election agent. The proposer or election agent must be authorised by the candidate in writing.
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……..Withdrawal of Candidature ……….Notice for withdrawal of candidature
(iii) Candidature shall
normal office hours
be withdrawn
during
after the scrutiny is over and before 3:00 P.M. of the last date of withdrawal. No withdrawal on public holiday.
(iv) Notice of withdrawal shall be delivered either to RO or ARO at their offices (as specified in Form -1) (v) RO must satisfy himself as to the genuineness of a notice of withdrawal and identity of the person delivering it.
(vi) A notice of valid withdrawal in Form - 6 shall be affixed on RO's notice board on every day.
(vii) Valid withdrawal not to be cancelled nor withdrawn subsequently.
(viii) Receipt for withdrawal be given immediately.
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Allotment of Symbols Election Symbols (Reservation & allotment) Order , 1968 .
• There are two types of Symbols (a) Reserved Symbols – for National and state parties.
(b) Free Symbol – for un-recognised parties and Independent candidate.
• Choice of Symbol has to be indicated by the intending candidate in the Nomination paper.
• A candidate sponsored by recognised party (National & State) to give preference for his Party’s reserved symbol.
• Candidate set up by unrecognised party and independent candidate will give three choices in order of preference from the list of free Symbols.
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........Allotment of Symbol • For the purpose of allotment of symbol, the Commission issues a Notification under Para 17 of the Election Symbols (Reservation & Allotment) order, 1968, atleast notification above be referred to.
• A candidate set up by a state party in another state may get its reserved Symbols under Para 10 of the Symbols Order, if they apply to the Commission within 3 days from the date of notification.
• A candidate set up by a registered un-recognised party at present but a recognised party (National or state) not earlier than Six year from the date of Notification of election may get its earlier reserved Symbols under Para 10A of the Symbols order.
• Once a free Symbol is allotted to a candidate it will not allotted to anyone else in the constituency.
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• • Only the choice of symbols made by a candidate (other than a candidate sponsored by a Recognised Party) in the nomination paper first delivered, shall be considered, even when that nomination paper is rejected.
In the case of candidate set up by a National or State recognised party, the choice of party's symbols indicated by a candidate made in subsequent nomination papers may also be considered.
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……….
Allotment of Symbol • In case a same free Symbol has been chosen by several candidates, as their first choice: (a) If one candidate is set up by an un-recognised party and others are independent, the Symbol should be allotted to the un-recognised party’s candidate.
(b) If two or more candidates set up by un-recognised parties, it will be decided by draw of lots.
(c) If two or more candidates are set up by un-recognised Parties and one candidate is or was sitting MLA or MP the free Symbol will be allotted to him provided he contested the last election with the same symbol.
(d) If there are two or more independent candidates and if one of them is or was a sitting MLA/MP, the free Symbol will be allotted to such Independent candidate.
(e) If two or more are Independent candidates, the free Symbol will be allotted by draw of lot .
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Revision of Symbols
(R. 10(5) of CE Rules, 1961) (
i) RO's decision is final except where it is inconsistent with any direction issued by the ECI in which case the ECI may revise the allotment of symbols.
(ii) List in Form 7-A shall be amended accordingly, in case symbol is revised under the orders of ECI.
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List of contesting candidates
Preparation of list of contesting candidates
(Sec. 38 of RP Act, and R.10 of CE Rules, 1961 and Ch. VII of RO Hand Book-2012) (i) Immediately after 3.00 PM on the last date of withdrawal and after allotment of symbols, list shall be drawn in Form 7-A.
(ii) List in Form - 7-A shall be prepared in languages specified by the Commission for the State with its English version. Names shall be classified into 3 categories – namely (a) Candidates of recognised National and State Political Parties.
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………Preparation of list of contesting candidates
(b) Candidates of registered political parties (other than recognized National and State political parties).
(c) Other candidates.
(iii) Names shall be arranged in the above order of categories.
(iv) Names in each category shall be arranged in alphabetical order Required particulars including address should be filled up correctly.
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……..Withdrawal of Candidature ………Preparation of list of contesting candidates
(v) Even in case of uncontested election, list in Form - 7-A shall be prepared.
(vi) Send immediately copies of the list (alongwith English translation) to the Govt. Press, CEO and ECI.
(vii) If symbol has been revised by order of ECI, the list shall be amended.
(viii)Names of candidate shall appear on ballot papers in same order as in Form 7A, however the headings of 3 categories shall not appear on the ballot papers.
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• • • • •
Publication of list in Form 7A
(Sec.38 of RP Act, 1951 and R.10, 11, 31(1)(b) of CE Rules, 1961 and Ch. VII of RO Hand Book-2012) It shall be affixed on the notice board even in uncontested election.
It shall be given to each contesting candidate or his election agent.
It shall be published by RO in Official Gazette of State.
It shall be displayed out side the PS through PrOs on pre – poll day.
The ballot papers will be printed strictly as per Form 7A 83
• •
Identity cards to contesting candidates
VII of RO Hand Book-2012) (Ch.
Two copies of identity cards with photograph in the form given in Chapter VII of RO Hand Book, 2012 - one copy to be retained in record.
ID cards duly attested by the RO with his seal.
Issue of list of polling stations
RO Hand Book-2012) ( Chapter II of - Three copies of list of PSs, free of cost, to each contesting candidate.
84
Intimation about legal provisions
of corrupt practices and electoral offences RO Hand Book-2012) A (Chapter VII of notice to each contesting candidate should be given inviting attention towards penal provisions of corrupt practices and electoral offences.
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Appointment of Election Agent
(Sec. 40, 41 and Sec. 45 of RP Act, 1951 and R.12 of CE Rules 1961) (i) Ministers, MPs/MLAs/MLCs and others having security cover not to be allowed as election agent. (ECI's No. 464/INST/2008/EPS dated 14.10.2008 and subsequent circulars) (ii) A person who is disqualified for being member of Parliament or Legislative Assembly or for voting at an election shall be disqualified for being an election agent.
86
……….Appointment of Election Agent
(iii) Appointment in Form 8 (in duplicate) with photographs affixed on top-right - RO shall return one copy after affixing his seal and signature - ID card to the election agent will be provided by RO (iv) Revocation in Form-9.
(v) ID Card to be provided.
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• • •
Declaration Election of result of un-contested
(Sec. 53(2) of RP Act, 1951 and R.11(1) of CE Rules 1961, Ch. IX of RO Hand Book-2012) After affixation of list (Form-7-A) on the notice board of RO, result of uncontested election shall be declared in Form 21.
Return of Election in Form 21-E with suitable amendments.
Copies to (i) State Government (ii) ECI (iii) Secretary, Vidhan Sabha (iv) CEO.
88
Declaration of result of un-contested Election
• • Date of return shall be the date on which the result is declared.
Certificate of Vidhan Sabha.
Election in Form-22 – Acknowledgement of such certificate, duly signed, may be obtained from returned candidate - Which shall be sent to Secretary 89
• •
Safe deposit nomination etc
Book-2012) -
of papers relating to
(P. 7 of Ch. VII of RO Hand Papers/proceeding relating to nominations, scrutiny, and retained by R.O.
withdrawals should be put together in a cover, with description, and to be After declaration of result, these documents should be sent to safe custody of DEO.
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……..Allotment of Symbols
i.
ii.
Allotment of symbols
(R.5 & 10 of CE Rules, 1961 and Election Symbols (R&A) Order, 1968 and Para 4 of Ch. VIII of RO Hand Book-2012) First pick up the candidates set up by National/State parties and allot reserved symbol. Fulfillment of conditions under Para 13 and 13A of order, 1968 is necessary.
If a State party recognised in other State, sets up a candidate in this State, the symbol reserved for that State party shall be allotted to a candidate set-up by it only if a communication from ECI is received in relation to that constituency.
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MODEL CODE OF CONDUCT
92
MODEL CODE OF CONDUCT PHASES PHASE-I
• Conduct of Political Parties & Government from announcement of elections till beginning of nomination process.
PHASE-II
• Conduct of Parties, Candidates, Political Functionaries and Government from beginning of nomination process till end of campaign period.
93
MODEL CODE OF CONDUCT PHASE-III
• Conduct of Political Parties, Candidates, Political Functionaries and Government from end of campaign period till poll day.
PHASE-IV
• Conduct of Candidates, Political Parties, Political Functionaries and Government on poll day.
94
MINIMUM STANDARDS OF CONDUCT
• FOR ALL POLITICAL PARTIES • FOR ALL CANDIDATES • FOR RULING PARTY & POLITICAL EXECUTIVES OF GOVERNMENT • FOR ALL POLITICAL FUNCTIONARIES 95
MONITORING & CONTROL OF ECI
• State Election Machinery • District Election machinery • Returning Officers • General Observers (IAS officers of other States) • Police Observers (IPS officers of other States) • Expenditure Observers (IRS officers) 96
MONITORING & CONTROL OF ECI
• MCC Teams • Expenditure Monitoring Teams • Excise Commissioner & District Excise officers • Sector Officers • Police Stations • Watch on Dummy Candidates 97
MONITORING & CONTROL OF ECI
• Extensive Videography during campaigning & Polling Stations • Check Posts • Complaint Handling • Daily MCC Reports • Webcasting 98
Model Code of Conduct Political Parties, Candidates & Political Functionaries (Minimum Standard of Conduct)
• • No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.
Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
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• There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
parties and candidates shall • All avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling from polling station.
stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and 100
• The right of every individual for peaceful and undisturbed home-life shall be respected, however activities.
much circumstances.
the Organizing political parties demonstrations or candidates may resent his political opinions or or picketing before the houses of individuals by way of protesting against their opinions or activities shall not be resorted to under any • 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-staffs, suspending banners, pasting notices, writing slogans etc.
101
•Political parties and candidates shall ensure that their supporters do not create obstructions in or break up meetings and processions organized by other parties.
Workers or sympathizers of one political party shall not create disturbances at public meetings organized by another political party by putting questions orally or in writing or by distributing leaflets of their own party.
Processions shall not be taken out by one party along places at which meetings are held by another party.
Posters issued by one party shall not be removed by workers of another party.
102
Meetings
• The party or candidate shall inform the local police authorities of the venue and time any proposed meeting Well in time so as to enable the police to make necessary arrangements for controlling traffic and maintaining peace • and order.
A Party or candidate shall ascertain in advance if there is any restrictive or prohibitory order in force in the place proposed for the meeting if such orders exist, they shall be • followed strictly. If any exemption is required from such orders, it shall be applied for and obtained well in time.
If permission or license is to be obtained for the use of loudspeakers or any other facility in connection with any proposed meeting, the party or candidate shall apply to the authority concerned well in advance and obtain such permission or license.
103
…..Meetings
• Organizers of a meeting shall invariably seek the assistance of the police on duty for dealing with persons disturbing a meeting or otherwise attempting to create disorder.
Organizers themselves shall not take action against such persons.
104
•
Procession
A Party or candidate organizing a procession shall decide before and the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinary be on deviation from the programme.
• The organizers shall give advance intimation to the local police authorities of the programme so as to enable the letter • to make necessary arrangement.
The organizers shall ascertain if any restrictive orders are in force in the localities through which the procession has to pass, and shall comply with the restrictions unless exempted specially by the competent authority. Any traffic regulations or restrictions shall also be carefully adhered to.
105
…….Procession
• The organizers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organized in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion.
• Processions shall be so regulated as to keep as much to the right of the road as possible and the direction and advice of the police on duty shall be strictly complied with.
• If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organizers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose the parties shall contact the police at the earliest opportunity.
106
Publicity
Provisions of MCC, Legal provisions electoral offences and corrupt practices and ECI's directions may be explained in the meetings with political parties/ candidates.
R.O. to give copies of ECI's directions to candidates at the time of nominations.
Publicity through print media etc.
Set up a
daily monitoring
arrangements for MCC violations and ensure daily reporting to DEO and the Observer - Team should comprise police and civil officer and videographer - Remedial measures where needed to be taken by RO, (ECI No. 464/G.J.-LA/2007 dt. 6.10.2007) 107
Polling Day All Political parties and candidates shall -
• co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction.
• supply to their authorized workers suitable badges or identity cards; • agree that the identity slip supplied by them to voters hall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party; • refrain from serving or distributing liquor on polling day and during the twenty- four hours preceding it; • not allow unnecessary crowd to be collected near the camps set up by the political parties and candidates near the polling booths so as to avoid Confrontation and tension among workers and sympathizers of the parties and the candidate; 108
......Polling Day
•ensure that the candidate’s camps shall be simple .The shall not display any posters, flags, symbols or any other propaganda material. No eatable shall be served or crowd allowed at the camps •co-operate with the authorities in complying with the restrictions to be imposed on the plying of vehicles on the polling day and obtain permits for them which should be displayed prominently on those vehicles.
109
Party in Power
(i) (a) The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work; (b) Government transport including official air-crafts, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power ( ii) Public places such as maidens etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolized by itself. Other parties and candidates shall be allowed the use of such places and facilities on the same terms and conditions on which they are used by the party in power; 110
........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; ( 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.
111
......Party in Power
(v) From the time elections are announced by 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.
112
……..Party in Power • • Ministers can participate in celebrations like Independence Day, Republic Day, Gandhi Jayanti, State formation day, but theme of their speeches should be confined only to historical background, deeds and achievements for historical figures and not to make any political speech.
Complete ban on celebrations like "xxx years/ days in power".
References to Politicians/Ministers on official websit e-
437/6/2007/Inst./ PLN III dt. 21-11-07) (ECI No.
References to Ministers, politicians or Political Parties on Govt.
official website, shall be taken off / purged off.
113
•
Restrictions on presence of political functionaries who is not voter, in the constituency, when campaign period is over
[ECI No. 464/INST/2007/PLN-I dt. 8.1.2007 and 27.2.2007] – (i) Office bearer of political party, who is in state, shall declare his place of charge of the stay in the State HQ and his movement shall remain confined normally between this party office and place of stay.
(ii) Premises like community halls etc., be find out outsiders.
checked to (iii) Check posts in the constituency border for vehicular movement.
(iv) Verify the identity of people/group of people whether they are voters.
114
Prevention of defacement of property (ECI's No. 3/7/2008/JS II dt. 07.10.2008 and 10.11.2008)
•
Defacement of Public Places
(a)
—
No defacement in any form (wall writing, banners, posters, flags, hoardings etc.,) be permitted on Government premises.
(b) Writing of slogans displaying of posters etc, erecting cutouts, hoardings, banners, advertisement
only specifically identified in any public place
for such purposes be allowed strictly as per local laws -
Equal opportunity
to candidates/political parties.
115
......Prevention of defacement of property
(c) If specifically earmarked places are already let out to any agency, the DEO through municipal authorities should ensure equitable opportunity to candidates/political parties.
• (a)
Defacement of Private Places —
Not to be permitted on private places, if the local law do not permit even with consent of the owner.
116
......Prevention of defacement of property
(b) Where local law has express provisions permitting wall writings, posters, banners, hoarding etc on private premises the written permission of the owner is must - Photocopies of the same shall be submitted by the candidate with a statement in prescribed format, to the RO within 3 days Expenditure to be accounted for. However, expenditure incurred on party campaign without indicating any candidate expenditure.
shall not be added to candidate's 117
......Prevention of defacement of property
(c) In areas where there is no law on defacement of private property, temporary and easily removable campaign material like flags and banners would be permitted with written permission of the owner. Copy of the same is to be submitted to the RO.
118
Accommodation in Government Guest Houses (ECI No. 437/6/2006-PLN-III (Vol.II) dt. 1.4.2006)
• Accommodations in the Guest Houses / Rest Rouses of Govt. or PSUs can be given to political functionaries who are provided security cover in Z scale or above, on equitable basis.
• No political activities while staying in such guest houses etc.,.
119
Conduct of Government Servants (ECI No. 62/84 dt. 6.11.84 and Sec 129, 134 and 134A of RP Act 1951 and Civil Services (Conduct) Rules)
• No Government servant can take part in political activities - He can not act as election agent, polling agent, counting agent.
• He should not be present in public meeting during election campaign.
Exception those officers engaged in law & order and security arrangements.
120
Liquor - Restrictions on Sale (Sec. 135-C of RP Act 1951 & ECI No. 464/L&O/2007 PLN-I dt. 7.1.2007)
Liquor not to be sold, given or distributed on polling day and period of 48 hours ending with close of poll - Dry day shall be declared.
121
Use of loud speakers (ECI No. 3/8/2000/JS II dt. 26.12.2000 and No. 3/8/2005/JS-II dt. 26.9.2005)
Loudspeakers on vehicles or for meetings can be used between 6.00 Am and 10.00 PM only.
Permission is must for use of loudspeakers.
In the case of loudspeaker on vehicles, permit issued by Govt. authority, shall indicate registration Number / identification Number of vehicle.
Vehicles used without written permission is liable to be confiscated with all equipment.
Expenditure to be accounted for.
122
Public meeting / processions
A register for permissions granted for meetings etc.,.
"First come first" principle be followed strictly.
Permission - Subject to local laws / prohibitory orders.
No public meeting / processing after campaign period is over.
123
Advertisement of political nature on Radio, TV Channel and cable networks (ECI No. 509/75/2004 JS-I (Vol. II) dt. 15.4.2004; 26.9.2007; 2.11.2007; dt. 08.11.2007 and dt. 21.11.2008)
Advertisement of political nature are to be got certified by the Committee/Designated Officer at different level.
'Advertisement' includes programme also which intends to use campaign material 124
.........Advertisement of political nature on Radio, TV Channel and cable networks
Application for such certification should contain all required details and in prescribed format and with two copies of proposed advertisement in electronic form along with transcript.
Register of application and applications be serially numbered.
Certificate to be given in prescribed format.
Necessary equipments for previewing and scrutiny.
125
.........Advertisement of political nature on Radio, TV Channel and cable networks
Returning Officers of parliamentary constituency have been declared as Designated Officer, who will deal with applications for certification of an advertisement on cable network or TV Channel by an individual contesting candidate.
Broad casting of commercial advertisement of political nature on Radio Channels (including private FM Channels) during the period MCC is in operation - Pre broad casting scrutiny and certification by the committee setup in the office of CEO - Above instructions of ECI shall apply to advertisements on Radio also (ECI's No. 509/75/2004/JS I/Vol.II/RCC dt. 21.11.2008).
126
SECTOR OFFICERS
127
Deployment of Sector Officers and Tasks assigned to them
(ECI's No.51/8/7/2008 - EMS dt. 15.7.2008 and No. 464/INST/2008- EPS dt. 24.10.2008)
9.1
Deployment –
i.
ii.
Responsible for election management from the day of announcement of schedule of election till the completion of poll process - If required central Govt. officers can also be deployed.
Most responsible position; best officers to be identified – Deployment immediately after announcement of election schedule - They can be designated as Zonal Magistrates for the same area [at least 7 days before poll day]. They can be provided powers of Special Executive Magistrates also.
128
.........Deployment of Sector Officers and Tasks assigned to them
iii.
iv.
v.
vi.
vii.
viii.
A manageable route covering 10-12 polling locations (1 to 2 hours) should be assigned.
Sectors to be constituted well in advance.
The routes should be plotted on constituency map.
Immediately after the appointment he should have the sector map.
DEO/RO & Observers to frequently (weekly) have review meetings with SOs and monitor works allotted to and done by them They should be provided with a vehicle in advance, not later than one week before the notification of election.
129
.........Deployment of Sector Officers and Tasks assigned to them
ix A videographer can also be provided to monitor any breach of MCC.
9.2
i.
Sector Officers - Tasks 9.2.1 Pre-poll responsibility - About polling location -
ii.
To verify whether route plotted on map is feasible - Ascertaining the approach and accessibility.
Ascertain infrastructure at polling stations water, shade, ramps, toilet, telephone etc., and physical status of building.
– iii.
Collect phone connectivity at PS; no., 130 ascertain mobile
.........Deployment of Sector Officers and Tasks assigned to them
iv.
v.
Party Offices, whether they exist with in 200 meters periphery of PS He shall keep an eye and report on movement of unauthorised campaign vehicles, defacement of property, unauthorised campaigning, misuse of public buildings/Govt. Vehicles/Govt servants and all possible violation of MCC.
9.2.2Pre-poll responsibility - About the voters -
i.
EVM demonstration to the voters in catchments; ii.
iii.
Give specific information about EPIC coverage programme.
Inform voters about help lines and locations of their PSs.
131
.........Deployment of Sector Officers and Tasks assigned to them
iv.
To inform the voters to check their names in PER through BLO
9.2.3Pre-poll responsibility vulnerability mapping About i.
ii.
Frequent
measures mapping;
visits
for confidence Vulnerability Mapping (ECI 464/INST/2007 PLN I dtd 12.10.07) building and fine tuning the vulnerability No.
iii.
Identification of villages, hamlets and segments of voters vulnerable for threat and intimidation 132
.........Deployment of Sector Officers and Tasks assigned to them
iv.
v.
vi.
vii.
Identification of persons who make it vulnerable - "It is not about numbers- it is about names" - Information to be given in prescribed format to the RO/DEO without having to disclose the source, [confidentially, if so required].
Accountability for ensuring free access of voters for voting.
Contact points within the vulnerable community with their telephone numbers SO will act as Zonal Magistrate and therefore he will accompany the police forces during area domination.
133
.........Deployment of Sector Officers and Tasks assigned to them
viii.
iii.
Since SO will act as Zonal Magistrate, he will prepare a "Zonal Magistrate Plan" sketch map of zones/ routes/ PSs, list of telephone Nos of PSs and election related officers, police 'special watch'.
stations etc., list of responsible persons and list of Anti social elements and people to be kept under
9.2.4Poll-eve responsibility
i.
Ensure that the polling teams and all material have reached their PSs ii.
Ensure that force has arrived at PSs according to the plan.
Clarify any last minute doubt on EVM operation or the polling process, amongst the poll personnel 134
.........Deployment of Sector Officers and Tasks assigned to them
v.
Give OK report to control room
9.2.5Poll day responsibility
i.
ii.
iii.
iv.
v.
To ascertain the mock poll status before commencement of poll - Remedial action to sort out problem, if any, on the part of PrO or the EVM.
Frequent visit and attention on the PS where the mock poll had to be conducted in the absence of agents.
Report commencement of polls.
To ensure that Forces deployed at PSs are in position Replacements of EVMs where required (SO to have spare EVMs); 135
.........Deployment of Sector Officers and Tasks assigned to them
vi.
vii.
viii.
ix.
x.
Track and report the presence /absence of polling agents To assist polling team inside polling station if required, To maintain the purity of poll process and check all aspects of polling during their visits to PSs.
Mock poll certification be ensured - mock poll status be reported within 30 minutes of completion of mock-poll to RO [ECI's No.
51/8/7/2008-EMS dt. 15.7.08] Check voting pattern – any segment/section conspicuous by its absence Inform RO for remedial measures.
136
.........Deployment of Sector Officers and Tasks assigned to them
xi.
xii.
xiii.
xiv.
Handling of poll day complaints Check the sealing of EVMs and preparation of papers by polling parties.
Escort all EVMs with the polling team to receipt centre.
Replacement reserve parties of polling personnel from xv.
At the end of poll he will ensure that: (a) PO diary filled up properly (b) EVMs are properly sealed.
(c) Copies of 17C are given to polling agents (d) Register of 17A is properly filled up.
9.2.6
After poll, submit a report on polling to RO.
(Format is enclosed)
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Sector Officer's Report Format (Poll Day)
Name of Sector Officer: _____________________ No. & Name of AC ________________________ Route No. ______________________________________ No. of Candidates ______________________________
Format-3 1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22
POSTAL BALLOT PAPERS
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Postal Ballot Papers
• Assessment of requirement of postal ballot papers.
• Form and language of Postal Ballot Papers • Printing of Postal Ballot Papers for Service Voters within 24 hours after the last hour of withdrawal of candidatures and have to be issued in next 24 hours.
• • • •
Voters entitled to vote by post (Sec. 60 of RP Act., 1951; Sec.20 of RP Act, 1950; R. 17, 18(a) & 27B of CE Rules, 1961)
Service Voters (including their wives) - (except them who opted for proxy voting) Special Voters - (including their wives) who are holding declared offices.
[List of such declared offices is given in footnote below at Sec. 20 of RP Act, 1950]. Electors subjected to preventive detention.
Electors on election duty These include police personnel Drivers/Helpers etc. actually employed on requisitioned vehicles also.
and Notified voters.
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Postal Ballot Paper for Polling Personnel • Collection of information from the sponsoring authority about no. & name of Assembly Constituency, no. & name of polling station, EPIC No. and complete residential address of the polling official, where the polling official is enrolled.
• In case information in respect of any polling official is not received from the sponsoring authority, the RO should himself collect this information using web search and SMS query facility.
• RO should prepare postal ballot papers for all employees who are called for training in anticipation of receiving filled-in requests duly signed, for issue of postal ballots in Form 12.
• One nodal officer should be appointed who shall maintain an account of postal ballot papers issued by him.
• All polling officials should be provided Form 12 for applying postal ballot papers alongwith their appointment letters on the first date of training.
• Postal ballot papers not issued in the first training shall be reissued on the subsequent training.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012) 141
Postal Ballot Paper for Polling Personnel • Those polling officers who have not been issued postal ballot papers shall be entitled to vote in person in their respective polling stations.
• Postal ballot papers shall be distributed to the polling officials on the second round of training after verification of ID.
• A facilitation centre with drop box shall be opened for collection of postal ballot from polling personnel at the training venue during all training sessions.
• One Gazatted officer shall be remain present during training sessions for verification of declaration in Form 13A.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012) 142
Postal Ballot for Drivers/ Conductors and Cleaners
• A nodal officer for requisitioning of vehicles for poll duty who shall collect information from Vehicle owners about No. and name of Assembly Constituency, EPIC no. and serial no. in electoral roll, no.
and name of polling station where he is enrolled.
• Drivers/ Cleaners should bring their EPIC when they report duty.
• In case they are not enrolled they should apply inform to the concerned ERO and get EPIC.
• One Officer well trained in the process of elector search should be deputed.
• From the EPIC details of information, regarding complete address no. and name of AC, Polling Station where he is enrolled EPIC no.
should be entered in a register. He may also use search facility.
• The Nodal Officer shall get the signature of Drivers/ Cleaners/ Conductors inform 12 and send to RO at least 7 days before to poll, so that the RO issues postal ballots to them and make enters of PB in the marked copy of the roll (Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012) 143
Postal Ballot for Drivers/ Conductors and Cleaners
• Facilitation Camp for drivers/ conductors/ cleaners on poll duty should be organized one day before the date of dispatch of polling parties, day of dispatch of polling parties, or on the day of return of polling parties for casting of postal ballots.
• The Nodal Officer shall keep an account of Postal ballot paper received by him and issued to the drivers/ conductors/ cleaners on poll duty and obtain signatures.
• RO should keep undelivered Postal Ballot in safe custody and issue them to them in subsequent facilitation camps.
All unissued PB shall be kept in sealed cover.
• RO to ensure that one Gazetted Officer is present for verification inform 13A.
A ballot box shall be kept in the facilitation centre where they can post their PB in the ballot box.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012) 144
Postal Ballot Paper for Police Officers on Poll Duty • Collection of information from the sponsoring authority about no. & name of Assembly Constituency, no. & name of polling station, EPIC No. and complete residential address of the police is enrolled.
• This information should be entered in police officer on duty data base and SP should be informed that this information can be found out by doing name search on the internet at web site of CEO and also by sending SMS query.
• In case he is not registered SP to advise police officer to fill in form-6 • SP should print application form in form-12 for all police officers alongwith duty orders requesting them to sign and return application form in form 12 immediately.
• RO should prepare postal ballot papers for all police officers whose application in form 12 are received from SP. This can be combine with training of police officer on poll duty.
• SP should then organize a special facilitation camp for police officers on poll duty for casting postal ballots.
• One Gazetted officer should be deputed for attestation. Register 145 should be maintained to keep correct account.
Postal Ballot Paper for Police Officers on Poll Duty
• RO to keep postal ballots not issued in safe custody and attempt should be made to reissue them in subsequent training. Unissued postal ballot should be sealed and kept in separate cover.
• A ballot box shall be kept at the facilitation centre and police officers who have been issued postal ballot should be told to deposit a postal ballot in this box after marking them.
(Kindly see Commission’s instructions No. 52/2012/SDR, dated 13/08/2012) 146
Suggested Reading Material –
(i) Constitution of India (relevant provisions) (ii) RP Act, 1951 (iii) Gujarat & Himachal Pradesh Legislatures (Removal of Disqualification) Act.
(iv) IPC, 1860 (relevant provisions) (v) Conduct of Election Rules, 1961 (vi) RO's Hand Book (vii) Presiding Officer's Hand Book (viii) Instructions of ECI (ix) Model Code of Conduct (Booklet of ECI) (x) Other Reading Materials from Website (www.eci.nic.in) 147
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