compendium of instructions volii

ELECTION COMMISSION OF INDIA

COMPENDIUM OF INSTRUCTIONSON

CONDUCT OF ELECTIONSVOLUME - II

1999

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Speed Post/Camp Bag

ELECTION COMMISSION OF INDIACOMPENDIUM ON INSTRUCTIONS VOLUME-II

1999CONTENTS

Item No. & Date Subject Matter Page No.No. of the letter/

message

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OBSERVERS

1. No. 464/OBS/98/PLN-I General Elections, 1998-Accommodation 1-2dated 3-1-1998 and Transport Arrangements for Officers

as observers.

2. No. GE. 98/464/OBS/98 Observers-Ban on Foreign tours beginning 3-4dated 19-1-1998 from date of briefing till completion of duties.

3. No. 464/OBS/98/PLN-I General Elections-Observers 5-7dated 25.1.1998 facilities and contingency Expenditure-

Arrangements by the Returning Officers.

4. No. ECI/GE.98-464/ Clarifications on the Guidelines 8-10Inst./98/PLN-I issued to Observers for Lok Sabhadated 31.1.1998 Elections, 1998.

5. No. 464/OBS/98/PLN-I General Elections to Lok Sabha and 11dated-12.3.1998 certain State Assemblies, 1998-Expenditure

on Observers-Clarification.

BAN ON TRANSFERS

6. No. 434/1/98/PLN-111 Ban on transfers of Officer 12-13dated 10.1.1998 connected with the General

Elections/ Bye-Elections.

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7. No. 154/98/PLN-IV Office of the Chief Electoral 14dated 31.8.1998 Officer-Changes in the officers and staff.

DRAFTING/REQUISITIONING OFPREMISES/VEHICLES/POLL PERSONNEL

8. No. 437/6/98/PLN-111 Vehicles and staff of wild- 15dated 30.1.1998 life Sanctuaries, National

Sanctuaries and National Game Parks-not tobe requisitioned for dection duty.

9. No. 3/1/98/J.S.II Requisitioning of staff for election duties- 16-19dated 11.8.1998 Amendment to Section 159 of the Representation

of the People Act, 1951.

10. No. 458/4/98/PLN-IV Drafting of Personnel for election duty. 20-25dated 30.10.98

11. No. 437/6/98/PLN-III Vehicles of All India Radio and Doordarshan 26dated 19.11.1998 not to be requisitioned for election duty.

ELECTION MATERIAL

12. No. 53/2/98/PLN-IV Printing of new design green paper 27date 10.1.1998 seals-regarding.

13. No. 464/INST/98/PLN-I Maintenance of Law and order and prevention 28-29dated 12.2.1998 of electioneering within the prohibited

area around polling stations-Instructions regardingsetting up of Election Booths.

14. No. 464/INST/98/PLN-II Maintenance of Law and Order and prevention 30dated 14.2.1998 of electioneering within the prohibited area

around polling stations-instructions regardinguse of Cellular Phones.

15. No. 23/98/PLN-II Modifications in the electoral 31-33dated 11.9.1998 rolls and supply of copies of electoral rolls to

political parties.

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16. No. 52/5/98/PLN-IV Revised symbol Blocks-Directions 34-37dated 30.9.1998 of the Commission.

17. No. 54/2/99/PLN-IV Quantum of reserve of indelible ink 38dated 7.4.1999 to be kept during election period.

SETTING UP OF ELECTION BOOTHSNEAR POLLING STATION

18. No. ECI/GE-98-464 General Elections, 1998-Deployment 39-41INST/98/PLN-I of polling and counting personnel Randomdated 18.1.1998 Number Generation Technique.

POLL

19. No. 576/3/98/JUD-II General Elections to the House of 42-43dated 19.1.1998 People and State Legislative Assemblies,

1998-Facilities to be provided to theelectors having physical disabilities.

20. No. 437/6/98/PLN-III Officers belonging to IAS, IPS 44dated 23.1.1998 and other State Govt. senior

Officials whose spouses are active in thePolitical arena not to leave their H.Qs tillelections are complete.

21. No. 576/3/98/J.S.II Appointment of Election Agents- 45-46dated 3.2.1998 Clarification.

22. No. 576/3/98/JUD.II/ Scrutiny of nomination papers- 47-48dated 3.2.1998 Filing of affidavit about

convictions.

23. 476/3/98/J.S.II Appointment of Election Agents- 49dated 14.2.1998 Clarification.

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NOMINATION OF CANDIDATES

24. No. 509/Disqln./97/ Criminalisation of Politics- 50-53J.S.I/Vol.II Participation of criminals in the electoraldated 6.1.1998 process as candidates-disqualification on conviction

for offences-effect of appeal and bail.

25. No. 576/3/98/JS-II Forms for taking Oath or Affirmation 54-59dated 16.12.1998 by the candidates contesting election-

Clarification.

VISITS OF MINISTERS AND MISUSEOF OFFICIAL VEHICLES/MACHINERY

26. No. 437/6/98/PLN-III Use of Aircraft by Political 60-61dated 8.1.1998 Parties-regarding

27. No. 437/6/98/PLN-III General Election- Tours of 62-67dated 10.1.1998 Ministers.

MODEL CODE OF CONDUCT

28. No. 437/6/98/PLN-III Restrictions on use of Government 68dated 8.1.1998 Guest Houses, Bhawans and State Sadans

for holding of political parties meeting regardingelection purposes.

29. No. 437/6/98/PLN-III Celebration of Republic Day- 69-70dated 10.1.1998 Attendance of political

functionaries.

30. No. 437/6/GUJ/98/PLN-III Model Code of Conduct- 71dated 16.1.1998 regarding.

31. No. 437/6/98/PLN-III Model Code of Conduct-Use of 72-73dated 20.1.1998 Rest House, Dak Bunglow etc.

32. No. ECI/GE.98-437/6/ Iftehar party-10000 invitees 74BR/98-PLN-III at State Cost.dated 27.1.1998

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33. No. 437/6/OR/95/MCS/ Clarifications regarding 75-781158, expenditure to be incurred ondated 29.3.1996 the barricading and rostrums etc.

for Prime Minister's visit inconnection with elections.

34. No. 437/1/98/PLN-III/ Bye-elections to the House of the People 79-80Vol. II and State Legislative Assemblies,dated 1.5.1998 1998-Officers not to be deployed

in home districts regarding.

35. No. 437/6/98/PLN-II Preparations for election for 81-82dated 15.9.1998 electing new State Assemblies.

BAN ON LIQUOR

36. No. 576/14/96/VOL.II General/Bye-election to Lok Sabha/ 83-84dated 21.9.1996 Legislative Assembly, 1996-Prohibition

on sale of liquor.

LAW AND ORDER

37. No. 434/1/98/PLN-III Police personnel connected 85-86dated 10.1.1998 with election related duties-Exercise of

supervisory/disciplinary control.

38. No. 437/6/98/PLN-III General Election/Bye-election to Lok Sabha 87-89dated 10.1.1998 and State Legislative Assemblies-Instructions

on misuse of vehicles during electionperiod-regarding.

39. No. 464/L&O/98/PLN-I General/Bye-elections, 1998- 90-92dated 12.1.1998 Restriction on possession of

arms during elections.

40. No. 464/L&O/98/ PLN-I General Elections to Lok Sabha 93-97dated 15.1.1998 and certain State Assemblies,

1998-Daily reports of Law & Order.

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41. No. 464/L&O/98/PLN-I General Elections to Lok Sabha 98-99dated 16.1.1998 and certain State Assemblies,

1998-Deployment of Home Guards andother security arrangements-regarding.

42. No. 464/L&O/98/PLN-I General Elections, 1998- 100dated 23.1.1998 Deployment of Ex-army, CRMF

and Police personnel-regarding.

43. 464/L&O/98/PLN-I General Elections to Lok Sabha 101-105dated 1.2.1998 and certain State Assemblies,

1998-Deployment of AdditionalManpower and other security arrangements.

44. No. 100/Bye/L&O/98 Polling booth to be necessarily 106dated 19.5.1998 manned by police personnel on poll day.

45. No. 464/GE-LA/98/ General Election to State 107-110(L&O)/PLN-I Legislative Assemblies, 1998-dated 28.9.1998 Issue of new Arms Licences and

restrictions on possession ofarms during elections.

46. No. 464/GELA/L&O/98/ General Elections to State 111-116PLN-I Legislative Assembly, 1998-dated 30.9.1998 Daily reports of Law & Order.

VIDEOGRAPHY

47. No. 447/98/PLN-IV Lok Sabha Elections- 117-118dated 4.2.1998 Monitoring in hotly

contested constituencies-regarding

48. No. 447/98/PLN-IV Election-Videography of queues 119dated 14.2.1998 outside the polling booths.

49. No. 447/99/ PLN-IV Videography to record critical 120dated 1.4.1999 events-Retention of cassettes.

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POSTAL BALLOT SYSTEM

50. No. 464/INST/98/PLN-I Scheme to streamline the 121-131dated 2.11.1998 postal ballot system for

voters on election duty.

COUNTING OF VOTES

51. No. 470/COUNT-INST/98 General Elections, 1998- 132-137dated 23.1.1998 Instructions for facilities at

counting centres and managementof the counting process.

52. No. 470/98/JS.II General Elections to House of 138-140dated 13.2.1998 people, 1998-Procedure for counting

of Votes-Appointment of countingpersonnel and counting agents.

53. No. 464/INST/98/PLN-I General Elections, 1998-Safe 141dated 14.2.1998 custody of polled Ballot Boxes.

54. No. 470/98/JS-II General Elections to the House 142-143dated 16.2.1998 of People, 1998-Place of Counting-

Arrangements for Emergency Lights inand around the Counting Hall.

55. No. 464/INST/98/PLN-I General Elections, 1998- 144dated 17.2.1998 Clearance to start counting

not necessary-Directions.

56. No. 470/98/JS-II Vol.I Counting of votes received by 145dated 18.2.1998 post-Clarification

57. No. 576/3/98/J.S. II Handbook for Returning Officers 146-147dated 22.2.1998 for Elections to the House of the

People and State Legislative Assemblies-1998edition-Issue of amendments.

58. No. 470/98/J.S. II General Elections to the House of 148dated 1.3.1998 the People, 1998-Counting of votes-

Declaration of results.

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59. No. 470/98/JUD.II General Election to the 149dated 18.11.1998 Legislative Assemblies of

Rajasthan, Madhya Pradesh, Mizoram andNational Capital Territory of Delhi and variousbye-elections held on 25.11.98 -Counting of votes and declaration of results.

60. No. 470/98/JUD. II Counting of votes and 150dated 26.11.1998 declaration of results in

the case of constituencies whereElectronic Voting Machines havebeen used-Directions.

61. No. 470/99/PLN-I Setting up of counting 151-152dated 27.5.1999 centres for the General

Election, 1999.

ACCOUNTS OF ELECTION EXPENSES

62. No. 3/4/98/J.S.II Amendement to Rule 90 of the 153-155dated 5.1.1998 Conduct of Elections Rules, 1961

relating to election expenses.

63. No. 76/98/JUD-II Lodging of accounts of election 156-166dated 18.1.1998 expenses by candidates-revised

proforma.

64. No. 76/98/JUD-II Lodging of accounts of election 167-177dated 18.1.1998 expenses by candidates-revised

proforma to Political Parties.

65. No. 76/98/JS-II General Elections/Bye-Elections- 178-179dated 19.1.1998 Instructions for guidance of contesting

candidates for lodging their accounts of electionexpenses-Inspection of accounts of electionexpenditure as an additional measure.

66. No. 76/98/J.S. II Maintenance of Accounts of 180-182dated 19.1.1998 election expenses by contesting candidates -

Proforma of register for submissions thereof.

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67. No. 76/98/J.S.II Daily accounts of election expenditure to be 183-184dated 30.10.1998 maintained by contesting candidates in

prescribed Register-submission to theofficers/Expenditure Observers forscrutiny-compliance-regarding

MISCELLANEOUS

68. No. 52/2/98/(P)-PLN-IV Election Material-Loan to State 185-186dated 27.4.1998 Election Commissioner for the

conduct of election to localbodies-Delegation to the ChiefElectoral Officers.

69. 22/2/98/PLN-II Electoral Rolls-Supply of 187-188dated 24.1.1998 certified copy of the relevant

entries in the electoral roll by ERO.

70. No.458/4/98/PLN-IV General Elections, 1998-Polling 189-190dated 3.2.1998 personnel-amenities-provision.

71. No.458/4/98/PLN-IV Packed lunch to policemen, Home 191dated 13.2.1998 Guards etc. on election duty.

72. No. 4/98/JS-II General Elections to Lok Sabha, 192-194dated 10.3.1998 1998-requisition of vehicales-

payment of compensation in case ofaccident-Liability of insurance.

73. No. 458/4/98/PLN-IV Bye-elections in June, 1998- 195-196dated 1.6.1998 Facilities at polling stations

during the hot weather conditions.

74. No.218/4/98/PLN-IV General Elections-payment of 197-198dated 23.6.1998 honorarium-regarding.

75. No.576/3/98/JS-II Protection of voting rights of electors 199-200dated 12.10.1998 subjected to preventive

detention.

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76. No. 576/3/98/JS-II General Election to State 201-202dated 13.10 1998 Legislative Assemblies- voting

right of electors subjected topreventive detention.

77. No. 4/98//JS-II Meaning of "Competent Court" 203dated 15.10.1998 referred to in Rule 93 (1) of

the Conduct of Elections Rules,1961 - Clarification.

78. No. 576/11/98/JS-II Maintenance of Presiding 204-205dated 21.11.1998 Officer's Diary and

preparation of ballot paperaccount by Presiding Officers-Steps to prevent irregularities.

79. No. 218/6/98/PLN-I General Elections/Bye-elections 206-213dated 25.11.1998 to the House of the People and

Legislative Assemblies-paymentof ex-gratia compensation tothe families of pollingpersonnel who die or sustaininjuries while on electionduty.

80. No. 458/4/98/Vol.II/ Payment of remuneration to 214-217PLN-IV staff deployed on poll/countingdated 8.12.1998 duty-Extension of facilities

to police personnel who aredeployed in election related work.

81. No. 458/4/98/PLN-IV/ Woman put on Election duty- 218-224VOL.-II Facilities.dated 21.12.1998

82. No. 218/4/99/PLAN-IV Revision of Electoral Rolls- 225-226dated 24.3.1999 payment of honorarium-

Revised rates.

83. No. 78/99/PLN-I Grant of paid holiday to 227-228dated 6.4.1999 employees on the day of poll.

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84. No. 51/8/99/Vol.VIII Use of Elctronic Voting 229-230dated 2.6.1999 Machines in elections-

Commission's Directionregarding period of retentionthereof.

85. No. 51/8/99(P)-Vol.VIII Electronic Voting Machines- 231-232dated 23.6.1999 Price of Alkaline Battery.

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ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi-110 001

NO. 464/OBS/98/PLN-I JANUARY 03, 1998

C. R. BRAHMAMSECRETARY (PLANNING)

FAX MESSAGE

TO:1. THE CHIEF SECRETARIES/CHIEF ADMINISTRATORS

OF ALL STATE / UNION TERRITORIES

2. THE CHIEF ELECTORAL OFFICERS OFALL STATES & UNION TERRITORIES.

REPEAT:3. RESIDENT COMMISSIONERS IN DELHI OF

ALL STATES / UNION TERRITORIES.

SUBJECT : GENERAL ELECTIONS, 1998- ACCOMMODATION & TRANSPORTARRANGEMENTS FOR OFFICERS APPOINTED AS OBSERVERS.

IN CONNECTION WITH THE GENERAL ELECTIONS TO LOK SABHA AND THELEGISLATIVE ASSEMBLIES OF CERTAIN STATES (,) COMMISSION WILL BE APPOINTINGSENIOR lAS AND IRS OFFICERS AS GENERAL AND EXPENDITURE OBSERVERS (.) THOSEOFFICERS WILL HAVE TO BE CALLED FOR BRIEFING AND DEBRIEFING MEETINGS AND FOROTHER CONSULTATIONS VERY FREQUENTLY AND AT SHORT NOTICES BY THE COMMISSION(.) PARA SOME OF THE lAS AND IRS OFFICERS APPOINTED AS OBSERVERS WILL BE COMINGTO DELHI FROM DIFFERENT STATES AND UNION TERRITORIES AND SOME TIMES FIND ITDIFFICULT TO FIND ACCOMMODATION AND/OR TRANSPORT (.) I AM DIRECTED BY THECOMMISSION TO BRING THE ABOVE TO YOUR NOTICE AND REQUEST THAT IN ORDER THATTHOSE OFFICERS ARE NOT PUT TO ANY INCONVENIENCE DURING THEIR STAY IN DELHI(COMMA) THE CHIEF SECRETARIES /CHIEF ADMINISTRATORS OF THE STATES AND 1 UNIONTERRITORIES MAY ISSUE IMMEDIATE SUITABLE DIRECTIONS TO THE OFFICERS/DEPARTMENTSALLOTING ACCOMMODATION (I) TRANSPORT AND THE RESIDENT COMMISSIONERS ANDLIASIONS OFFICERS AS WELL AS THE MANAGERS IN CHARGE OF THE VARIOUS STATE GUESTHOUSES AND BHAWANS IN DELHI TO PROVIDE THE OFFICERS DOING ELECTION DUTY WITHSUITABLE ACCOMMODATION DURING THEIR STAY IN DELHI AND TRANSPORT BE PLACED AT

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THEIR DISPOSAL RIGHT FROM THEIR ARRIVAL AT AIR PORT / RAILWAY STATION IN DELHITILL THEIR DEPARTURE (.) A COPY OF THE INSTRUCTIONS ISSUED MAY KINDLY BE ENDORSEDTO THE COMMISSION (.)PARA (.)

STATE QUOTA FOR AIR TRAVEL / RAIL TRAVEL REQUIRED MAY ALSO BE RELEASED INFAVOUR OF SUCH OFFICER WITHOUT FAIL (.)

THE CHIEF ELECTORAL OFFICERS ARE REQUESTED TO PURSUE THE MATTER FORIMMEDIATE ACTION (.) RESIDENT COMMISSIONERS & LIAISON OFFICERS IN DELHI MAYKINDLY SEE THAT NO OFFICER APPOINTED AS OBSERVER OF THE COMMISSION IS PUT TOANY INCONVENIENCE ON THIS ACCOUNT (.)

NEW DELHI3-01-1998 (C. R. BRAHMAM)

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ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi-110001

NO. GE98/464/OBS/98/ 19-01-1998

FromC.R. BRAHMAMSecretary

To1. THE CABINET SECRETARY,

RASHTRAPATI BHAWAN,NEW DELHI.

2. THE SECRETARY, DEPARTMENT OF RVENUE,MINISTRY OF FINANCE, NEW DELHI.

3. THE ESTABLISHMENT OFFICER,GOVT. OF INDIA, M / OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS,DOPT, NEW DELHI.

4. CHIEF SECRETARIES / CHIEF ADMINISTRATORS OFALL STATES & UNION TERRITORIES.

FAX MESSAGE

THE PROCESS FOR GENERAL ELECTIONS FOR CONSTITUTING THE 12th LOK SABHAAND NEW ASSEMBLIES FOR 5 STATES HAVE ALREADY STARTED (.) THE FIRST SET OFNOTIFICATIONS WOULD BE ISSUED ON 20th INSTANT (.) IN ORDER TO ENSURE FREE ANDFAIR POLLS AS WELL AS TO MANAGE THE CONDUCT OF ELECTIONS IN A SMOOTH,EFFICIENT AND EFFECTIVE MANNER(.) THE COMMISSION WOULD BE APPOINTING ANDDEPLOYING MORE THAN 1800 OBSERVERS TO ASSIST THE COMMISSION IN DISCHARGINGOF ITS CONSTITUTIONAL RESPONSIBILITIES FOR THE SUPERINTENDENCE(,) DIRECTIONAND CONTROL OF THE PROCESS OF GENERAL ELECTIONS (.)

SINCE THE ENTIRE ACTIVITIES HAVE TO BE COMPLETED IN A VERY TIGHT SCHEDULEWITHIN THE TIME FRAME INDICATED BY THE PRESIDENT OF INDIA, THE OBSERVERS WILLBE REQUIRED TO IMMEDIATELY MOVE TO THEIR CONSTITUENCIES AFTER THE BRIEFINGSESSIONS ON 19th 21st AND 22nd OF JANUARY, 1998 (.) THE COMMISSION AFTER TAKING THEEXPERIENCE IN THE PAST AND ALL OTHER RELEVANT FACTORS HAVE DECIDED THAT NOOBSERVER WILL BE ALLOWED TO GO ON FOREIGN TOURS BEGINNING FROM THE DATE OFTHE BRIEFING SESSIONS ALLOTTED TO THEM TILL THEY COMPLETE THEIR DUTIES ASOBSERVERS OF THE COMMISSION (.) ACCORDINGLY(, ) ALL CONCERNED MAY BE DIRECTED

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NOT TO SPONSOR ANY SUCH CASE (.) THE COMMISSION WILL NOT ENTERTAIN ANY SUCHREQUESTS IN THIS REGARD (.) IN THE RAREST OF RARE CONTINGENCY WHERE THIS ISABSOLUTELY UNAVOIDABLE (,) THE CABINET SECRETARY MAY PERSONALLY REVIEW THECASE AND WITH FULL JUSTIFICATION FORWARD THE SAME TO THE COMMISSION FOR ITSCONSIDERATION AND APPROPRIATE ORDERS (.) THE COMMISSION SECRETARIAT BEINGFULLY OCCUPIED WITH ACTUAL CONDUCT OF ELECTIONS AND OBSERVERS HAVINGSTATUTORY RESPONSIBILITIES IN DISCHARGING THEIR FUNCTIONS (,) IT IS STRONGLYADVISED THAT THIS DIRECTION SHOULD BE TAKEN WITH DUE SERIOUSNESS AND ALLCONCERNED INFORMED ACCORDINGLY (.) IT MAY BE NOTED THAT ONCE A CONSTITUENCYHAS BEEN ALLOTTED TO AN OBSERVER ANY CHANGE IN THE MIDDLE OF THE ELECTIONPROCESS WOULD BE TOTALLY UNDESIRABLE AND WOULD CREATE SERIOUS PROBLEMSFOR SUITABLE SUPERVISION OF THE POLL PROCESS THROUGH OBSERVERS (.) THE REVIEWOF THE CABINET SECRETARY WILL APPLY IN CASE OF ALL OBSERVERS WHETHER THEY AREBEING SPONSORED BY THE ESTABLISHMENT OFFICERS OR BY THE DEPARTMENT OF REVENUEOR THE STATE GOVERNMENTS (.) THE E.O. IN D.O.P.T. MAY CO-ORDINATE THIS WITH THECOMMISSION SECRETARIAT ON BEHALF OF THE CABINET SECRETARY(.)

NEW DELHIDATED: 19-01-98 (C.R. BRAHMAM)

Copy to the Chief Electoral Officers of all States and Union Territories.

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No. 464/OBS/98/PLN-l Dated January 25,1998

FromC. R. BRAHMAMSECRETARY (PLANNING)

ToThe Chief Electoral Officers ofall States and Union Territories.

Subject : General Elections - Observers - Facilities and contingency Expenditure - Arrangements by theR.Os..

Sir,I am directed to state that it has been noticed that different practices are adopted in different States

and different R.Os. in the matter of facilities extended to the Observers and there is lack of uniformity in this regard.The Commission has considered the issues relating to facilities and formulated detailed uniform guidelines in thisregard to ensure efficient functioning of the Observers in the constituencies allocated to them.

Accordingly the Commission issues the following instructions in the matter:

(i) Arrangements for boarding, lodging, transport and security of the Observers shall be arranged bythe District Election Officers / Returning Officers concerned. These arrangements will also cover theescort officers PSO driver, security personnel and a secretarial assistant, if any accompanying theObservers. Arrangements for the full team will be made by the DEO/RO so that no time is lost onthis account by the Observers in making best and optimum use of the time available during the electionprocess. These expenses will be met out of contingencies for election by the R.O.

CONTINGENCY EXPENDITURE

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(ii) The Commission has made every efforts to provide everything needed by the Observers in terms ofstationaries and other requirements for discharging their duties. The R.O. will supplement with anyadditional support required in this regard. However, there may be rare cases of the Observers beingrequired to meet some emergent contingent expenditure including making telephone calls, sending faxmessages or using postage or for any other similar items. In such cases, the Observer wouldimmediately give a voucher to the R.O. who will reimburse the amount then and there on the basisof the certificate given by the Observer. This has to be charged to the contingency expenditureaccount of the concerned R.Os’ account.

TRANSPORT & SECURITY ARRANGEMENTS

(iii) The DEO / RO shall make arrangements for the accommodation, security, transport, wirelesscommunication and telecommunication facilities, guide / escort and secretarial assistance to theObservers for effective functioning.

TELEPHONE / FAX FACILITY AT BASE STATION

(iv) The Observers shall be provided by the DEO/RO Telephone and fax facilities at the circuit Houseor Guest House where they will setup base. As far as practicable, all Observers allotted to aconstituency will be accommodated at the same place so that they can share telephone and faxfacilities. The Zonal Secretaries in the Commission shall be intimated these numbers.

TELEPHONE / FAX FACILITY AT COUNTING CENTRE

(v) One of the most important features relates to provision of specific facilities to Observers in theCounting centre. It is mandatory for the RO providing a separate room or a cubicle for the Observeror Observers at each counting centre with a STD Telephone and one fax attached to this. If possiblethe fax should have a separate line with STD facilities. The telephone numbers are to be obtained inadvance for the Observers' use and these are to be communicated to the Zonal Secretaries in theCommission.

ESCORT OFFICERS

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(vi) The Escort Officers provided for each Observer shall have a clear knowledge of the area ofconstituency and the ROs shall ensure that the Escort Officer provided is so equipped. He should alsobe able to act as an interpreter for interaction of the Observers with the local people and officials.

INFORMATION FOLDER

(vii) The ROs shall provide each Observer with a folder containing

(1) a Map of the Parliamentary Constituency (showing also the boundaries of the AssemblySegments;

(2) List of Polling Stations as made available to the Political Parties and contesting candidates interms of the provisions of Hand Book for the ROs;

(3) Table of contents of Electoral Roll of each Assembly segment;

(4) Telephone Numbers at a glance for the District(s), constituency;

(5) A Booklet containing the plan for managing the elections in the district(s) and such otherdocuments as are essential;

(6) Detailed plan for counting of votes of the constituency.

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

Yours faithfully

(C. R. BRAHMAM)

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NO. ECI/GE-98-464/Inst./98/PLN-I/ Dated, 31st January, 1998.

ToChief Electoral Officersof all States and Union Territories.

Sub : Clarifications on the Guidelines issued to Observers for Lok Sabha Elections. 1998

Dear CEO.

The Election Commission of India has brought out a booklet entitled ‘Guidelines for Observers’for the General Elections, 1998. This highlights activities on which Observers are to concentrate during their .threevisits to the constituencies and also gives the background and the rationale for carrying out such activities.

2. Needless to say, the Guidelines for Observers are brought out keeping in view the all Indiaperspective in view. However, it is seen from the feedback received from the Observers and certain District levelfunctionaries located in some states that some of the Returning Officers have expressed difficulty in strictlyimplementing the instructions contained in Commission's letter dated 18th January, 1998 which forms part of theGuidelines as Appendix - L.

3. The most important of the issues that have been posed for consideration of the Commissionrelates to randomisation of polling personnel for constituting Polling Parties that would be deployed in the PollingStations numbering more than 8 lakhs in the country.

4 While there is no contradiction between the instructions given in the Handbook for ReturningOfficers, 1998 edition, in para 10.2 of Chapter-III at page 22 and Guidelines to the Observers, the practicaldifficulty appears to be in finishing the job of forming of the polling parties during the second visit of the Observersas also doing it in their presence.

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5. The second difficulty relates to finding the polling personnel from outside the Assembly Constituencywhere they are currently posted or where they are resident in terms of Item 2 of the basic criteria for constitutingpolling/political parties (enclosure to letter No. ECI/GE98-464/Inst./98/PLN-l dated January 18, 1998 atAppendix-L).

6. Taking into account all the feed back from the Observers into consideration and in order toobviate these difficulties and find a practical solution, the following clarifications and additional instructions areissued. The existing instructions will, accordingly, stand modified.

7. The polling parties may, if possible, be constituted during the first visit of the Observers. If theseParties are formed in their absence after their first visit, their composition should be shown to the Observers whenthey come for their second visit, so that they satisfy themselves that proper randomisation has been done accordingto the Commission's instructions. However, in no circumstances, should any member of the polling party cometo know about the specific polling booth that he or she is deputed to before the unavoidable minimum periodessential for smooth conduct of the elections. This information should come to the notice of the polling personnelonly at the time of, or immediately before they are being given the polling material and despatched to the respectivepolling stations from the dispersal centre. The exact time for the latter will be decided by the concerned CEO interms of principles of sound management of poll process without compromising on the need for ensuring that thepolling parties remain impartial and fair.

8. As for the Observers' supervision of the process concerned, as far as possible, the Observersshould have a first-hand look during their first visit at the actual planning made by the DEO and RO for this purposeand satisfy themselves that the basic principles are being followed. If it is not possible (as per the overall scheduleof their visits) to remain present when the actual randomisation is being done to the constituencies, this can be doneby the DEO or RO on their own.

9. The work as such need not be held up or rushed through simply to be synchronised with theschedule of the visit of the Observer. If required one of the Observers can extend his stay of the first visit for afew days to oversee the process. What is important is to ensure that the broad principles indicated by theCommission are being followed by the DEO and RO.

10. It has been noted by the Commission that the practice followed by different States is marginallydifferent from each other. Accordingly, the actual work of formation of the polling parties needs to be completedin good time, which will ensure smooth conduct of the elections.

11 Attention is also drawn to the contents of para 69 of the said Guidelines for Observers whichrefer to appendix L, the subject of which is ‘‘General Elections, 1998 - Deployment of Polling and CountingPersonnel - Random Number Generation Technique.’’ In the note on ‘‘Basic Criteria for Constituting

10

Polling Counting Party’’, item 2 it is stated that no person should be assigned polling duties in a constituencyin which he is posted or resides. The word ‘‘Constituency’’ here means Assembly Constituency. This, therefore,should be kept in view while composing the polling parties.

12. However, in rarest of rare cases, where, in some districts due to certain reasons like nonavailability of adequate staff or uneven distribution of staff or in big metropolitan cities and constituencies thisprinciple cannot be adhered to, the CEO of the State may allow District administration such relaxation as isessential, after being fully satisfied that the basic principle of randomisation and other criteria are being otherwisefollowed strictly.

13. This should take care of the second difficulty relating to deploying polling persons outside theAssembly Constituency where they are posted or resident. The CEOs will now have the authority to relax thisin cases of genuine difficulties being encountered by the DEO or RO. The basic principle of the polling partiesbeing formed on a random basis and ensuring that this principle contributes to the conduct of free and fair pollsshould be followed while allowing such relaxation.

14. These instructions should be immediately brought to the notice of all ROs/DEOs and a copymade available to each Observer for their information and guidance.

Yours faithfully,

(C.R. BRAHMAM)

11

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, NEW DELHI-110001


No. 464/OBS/98/PLN-l Dated: MARCH 12,1998

ToThe Chief Secretaries / Chief Administratorsof All States and Union Territories.

The Chief Electoral Officers ofAll States and Union Territories.

Subject: General Elections to Lok Sabha & certain State Assemblies, 1998- Expenditure onObservers - Clarification.

Sir,I am directed to state that the Commission has already approved the charging of expenditure on

Observers to the contingency account for conduct of elections. Vide Commission's letter No. 464/0BS/98/ PLN-l, dated 25-01- 1998, the Returning Officers have been authorised to meet the expenditure in this regard.

However, it has been brought to the notice of the Commission that Chief Electoral Officers have alsoincurred some expenditure directly as some of the Observers had to pass through the State Headquarters as thesewere also the transit points to reach the Constituencies. Accordingly, the Commission decided that expenditurein connection with the visit of Observers to the State Headquarters which have been incurred by the Chief ElectoralOfficers, will also be charged to the Contingency Head for Conduct of Elections and will be met by the CEOsaccordingly.

The receipt of this letter may kindly be acknowledged.Yours faithfully,

(C. R. BRAHMAM)SECRETARY

12

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi - 110001

K. R. PRASADSECRETARY (PLANNING-II)

No 434/I/98/PLN-III Date: 10th January, 1998

ToThe Chief Secretaries ofall States and Union Territories.

Subject : Ban on Transfers of Officers connected with the General Elections / Bye Elections.

The Commission has announced a detailed programme for holding of General Elections to the LokSabha and the five State Legislative Assemblies of Meghalaya, Nagaland, Tripura, Himachal Pradesh and Gujaratand Bye-elections to the Legislative Assemblies of certain States.

2. With the announcement of elections, the Model Code of Conduct and the orders regarding banon transfers of officers connected with General Elections/Bye-elections has come into force with immediate effect.Attention in this regard is invited to Commission's Order No.437/1/98/PLN-III dated 1.1.1998 addressed to allChief Secretaries and Chief Electoral Officers on the subject.

3. The Commission, therefore, directs that there shall be a total ban on the transfer ofall officers/officials connected with the conduct of the elections. These include but are not restricted to:

1. The Additional/Joint/Deputy and Assistant Chief Electoral Officers.

2. Divisional Commissioners and all other Revenue Officers upto the lowest level.

3. The District Election Officers/Returning Officers and Assistant Returning Officers.

4. Officers of the Police department from the rank of DG/DIG downward to Superintendents ofPolice, Deputy Superintendents of Police and other senior level police officers like S.H.O., orupto Police Station Incharge.

5. Block Development Officers and Officers of local bodies who are entrusted with the election

13

work.

4. This ban shall be effective till the completion of the elections. The Commission further directs thatthe State Government should refrain from making transfer of even those officers/officials who may be in any positionto influence the voters through the position of the office they hold.

5. The Commission will, however, consider such cases of transfer of officers/officials connectedwith elections which are deemed absolutely necessary due to certain circumstances. The State Governmentsshould make specific references to the Commission on all such proposals along with full justification for the same.Each such case will be considered on merit. Regarding transfers of officers who are not directly connected withelections, the Chief Electoral Officers may give approval for all such cases after thorough scrutiny and in absolutelyessential cases.

6. The Commission is duty-bound to ensure that the elections are conducted in a free and fairmanner. It is, therefore, essential that no officer/official is transferred under any kind of influence. The Commissionwill, therefore, not hesitate to take the strictest possible action for any violation of its orders.

(K.R. PRASAD)SECRETARY

Copy to the Chief Electoral Officers of All States/Union Territories with the direction that they shouldkeep the Commission informed of all proposals of transfers. All violations should be immediately brought to thenotice of the Commission. The Chief Electoral Officers will be personally responsible for keeping the Commissioninformed.


STANDARD DISTRIBUTION

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No.154/98/PLN-IV/ Dated: 31st August, 1998

ToThe Chief Secretaries/Chief Administratorsof all States and Union Territories.

Subject : Office of the Chief Electoral Officer - Changes in the officers & staff - regarding.

Sir,I am directed to state that frequent changes are effected by the State Governments among incumbents

in the officers and staff like Additional CEOs., Joint CEOs., Deputy CEOs., Assistant CEOs., etc., posted in theoffice of the Chief Electoral Officers which impair the important work relating to Electoral management likeimplementation of the scheme of Electors Photo Identity cards, Computerisation of the Electoral Rolls, etc. TheChief Electoral Officers are also greatly inconvenienced by such changes.

The Commission had to intervene in many cases in the past in the interest of important democraticprocess of preparing and conducting free and fair elections. The Commission, therefore, hereby directs thathenceforth the officers posted in the offices of the Chief Electoral Officer shall not be relieved unless theCommission approves such transfer or posting. Prior concurrence of the Election Commission of India shall beobtained for any change or transfer of the incumbents in the office of the Chief Electoral Officer. This may kindlybe noted by all the State Governments and the Administrations of the Union Territories.

Kindly acknowledge.

Yours faithfully,

(C. R. BRAHMAM)

Copy to : The Chief Electoral Officers of allStates and Union Territories.

15


K.R.PRASADSECRETARY (PLANNING-II)

No.437/6/98-PLN-III Dated 30th January, 1998

To

1. The Chief Secretaries of all the States and Union Territories.

2. Chief Electoral Officers of all the States and Union Territories.

Subject : Vehicles and staff of Wild Life Sanctuaries, National Sanctuaries and National Game Parks -not to be requisitioned for election duty.

Sir,It has come to the notice of the Commission that the Chief Electoral Officer/District Election Officers/

Returning Officers/District Magistrates/ Collectors sometime requisition the vehicles and staff of Wild LifeSanctuaries, National Sanctuaries and National Game Parks for the purpose of utilising them for elections. TheCommission after taking into account all relevant factors has decided that the vehicles and staff of Wild LifeSanctuaries, National Sanctuaries and National Game Parks will be exempted from being requisitioned for electionduties. The concerned authorities responsible for maintaining these sanctuaries and parks may be informedaccordingly.

Kindly acknowledge receipt by return fax.

Yours faithfully,


16

SECRETARIAT OF THEELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi

No. 3/1/98/J.S.II/ Date 11th August, 1998


Subject : Requisitioning of staff for election duties - Amendment to Section 159 of the Representation of thePeople Act,1951- regarding.

Sir,I am directed to refer to the Commission's letter of even No., dated 13th May, 1998, forwarding

therewith a copy of the Representation of the People (Amendment) Ordinance, 1998 regarding requisition ofstaff for election duties.

2. The Parliament has now passed the Representation of the People (Amendment) Act,1998(No.12 of 1998) as published in the Gazette of India, Extraordinary, Part-II, Section (I), dated 23.06.1998to substitute new section for section 159 of the Representation of the People Act, 1951 in the above matter.The Representation of the People (Amendment) Ordinance, 1998 has been repealed. A copy of the Gazetteof India, dated 23.06.1998 publishing the aforesaid amended Act is forwarded herewith.

3. It will be observed from the amended Section 159 of the Representation of the People Act,1951 that the following authorities shall make available such staff as may be necessary for the performanceof any duties in connection with an election:-

(i) every local authority;

(ii) every university established or incorporated by or under a Central Provincial orState Act;

iii) a Government company as defined in section 617 of the Companies Act, 1956;

(iv) any other institution, concern or undertaking which is established by or under a Central

:

Gram : ELECOMNEW DELHI 31-61312

Telex : ND 31 - 61312

Fax : 3713412/3739944

17

Provincial or State Act or which is controlled, or financed wholly or substantially by fundsprovided, directly or indirectly, by the Central Government or a State Government.

4. In accordance with the amended provision of Section 159 of the Representation of the PeopleAct, 1951, employees of local authorities, universities, Nationalised Banks, Life Insurance Corporation,Government Undertakings etc. can now be requisitioned for deployment on elections duties. It is, however,reiterated once again that bank employees may be drafted on election duty to the minimum extent possible, onlyin a constituency where sufficient number of Government employees are not available and/or in emergentcircumstances such as strikes etc. by the Government employees. Care should be taken to see that normalfunctioning of the banks are not interrupted. Futher, if practicable, their posting to any polling station outside theirnormal place of duty may be avoided.

5. The implications of the Representation of the People (Amendment) Act, 1998 (amendingSection 159 of the Act) may be brought to the notice of all District Election Officers, Returning Officers and otherelection related authorities immediately for their information and necessary action. The above amended provisionmay be incorporated in the Manual of Election Law, 1997 and in the Handbook for Returning Officers, (1998edition) and also in the ‘‘Compendium of Instructions on Conduct of Elections, 1998.’’

6. The receipt of this letter may kindly be acknowledged.

Yours faithfully,

K.J.RAOSECRETARY

STANDARD DISTRIBUTIONREGISTERED NO. DL-33004/98

18

THE GAZETTE OF INDIAEXTRAORDINARY

PART II-SECTION 1 PUBLISHED BY AUTHORITY

No. 27 NEW DELHI, TUESDAY, JUNE 23, I998/ASADHA 2.1920

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS(LEGISLATIVE DEPARTMENT)

New Delhi. The 23rd June, 1998/Asadha 2, 1920 (Saka)

The following Act of Parliament received the assent of the President on the 22nd June1998 and is hereby published for general information :-

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1998No. 12 of 1998

(22nd June, 1998)

An Act further to amend the Representation of the People Act, 1951.

Be it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows :-

1. (1) This Act may be called the Representation of the People (Amendment) Act.1998.

(2) It shall be deemed to have come into force on the 23rd day of December, 1997.

2. For section 159 of the Representation of the People Act, 1951(hereinafter referred to as the principal Act,) the following section shall besubstituted namely :-

‘‘159, (1) The authorities specified in sub-section (2) shall, when sorequested by a Regional Commissioner appointed under clause (4) of article324 or the Chief Electoral Officer of the State, make available to any returningofficer such staff as may be necessary for the performance of any duties inconnection with an election. ’’

Short title andcommencement.

19

Substitution ofnew section forsection 159 of Act43 of 1951.

Staff ofcertainauthorities tobe madeavailable forelection work.

1 of 1956.

(2) The following shall be the authorities for the purposes of sub-section (1) namely :-

(i) every local authority;

(ii) every university established or incorporated by or under a Central Provincialor State Act;

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

(iv) any other institution, concern or undertaking which is established by or undera Central, Provincial or State Act or which is controlled or financed whollyor substantially by funds provided, directly or indirectly, by the CentralGovernment or a State Government.

3. (1) The Representation of the People (Amendment) Ordinance, 1998, is herebyrepealed

(2) Notwithstanding such repeal, anything done or any action taken under the principalAct, as amended by the said Ordinance, Shall be deemed to have been done ortaken under the corresponding provisions of the principal Act, as amended by thisAct.

RAGHBIR SINGHSecy. to the Govt. of India

Ord.12 of 1998.

Repeal andSaving

20


No. 458/4/98-PLN-IV Dated, the 30th October, 1998

ToThe Chief Electoral Officers ofAssam, Bihar, Gujarat, Himachal Pradesh, Mizoram,Madhya Pradesh, Nagaland, NCT of Delhi, Punjab,Rajasthan, Uttar Pradesh and West Bengal.

Subject : Drafting of personnel for election duty.

Preparations for the current elections are in full swing. The field officers would be finalising the list ofpersonnel to be deployed for elections duty primarily as polling and counting staff In this connection a suggestionhas been received from the Chief Commissioner for Disabilities, Govt. of India to exempt disabled persons frombeing deployed for such election related duties.

The persons with disabilities have been defined under the Equal Opportunities Protection of Rights & FullParticipation Act 1996. The relevant extracts of this is enclosed. The Commission desires that as far as possiblepersons with disabilities as defined under the Act should not be deployed for election duty. This aspect may bekept in mind for selection and deployment of staff for election duty.

Yours faithfully,

(K R PRASAD)SECRETARY

21

Short Title,extent andcommencement.

Definitions

THE GAZETTE OF INDIAEXTRAORDINARY

Be it enacted by Parliament in the Forty-Sixth Year of the Republic of India as follows :-CHAPTER I

PRELIMINARY

1. (1) This act may be called the Persons With Disabilities (Equal Opportunities Protectionof Rights and Full Participation) Act, 1995.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may by notification,appoint.

2. In this Act, unless the context otherwise requires :-

(a) ‘‘appropriate Government’’ means-

(i) in relation to the Central Government or any establishment wholly orsubstantially financed by that Government, or a Cantonment Board constitutedunder the Cantonment Act, 1924, the Central Government;

(ii) in relation to a State Government or any establishment wholly or substantiallyfinanced by that Government or any local authority, other than a CantonmentBoard, the State Government;

(iii) in respect of the Central Coordination Committee and the Central ExecutiveCommittee, the Central Government;

(iv) in respect of the State Coordination Committee and the State ExecutiveCommittee, the State Government;

(b) ‘‘blindness’’ refers to a condition where a person suffers from any of the followingcondition, namely :-

(i) total absence of sight; or

(ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye withcorrecting lenses; or

2 of 1924

22

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

(c) ‘‘Central Coordination Committee’’ means the Central Coordination committeeconstituted under sub-section (I) of section 3;

(d) ‘‘Central Executive Committee’’ means the Central Coordination Committeeconstituted under sub-section (I) of section 9;

(e) ‘‘cerebral palsy’’ means a group of non-progressive conditions of a personcharacterised by abnormal motor control posture resulting from brain insult orinjuries occurring in the pre-natal, peri-natal or infant period of development;

(f) ‘‘Chief Commissioner’’ means the Chief Commissioner appointed undersub-section (I) of section 57;

(g) ‘‘Commissioner’’ means the Commissioner appointed under sub-section (I) ofsection 60:

(h) ‘‘Competent authority’’ means the authority appointed under sub-section 50;

(i) ‘‘disability’’ means-

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness;

(j) ‘‘employer’’ means-

(i) in relation to a Government the authority notified by the Head of theDepartment in this behalf or where no such authority is notified, the head ofthe department; and

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

(k) ‘‘establishment’’ means a corporation established by or under Central, Provincialor State Act, or an authority or a Government company as defined in section 617 of the

23

Companies Act, 1956 and includes Departments of a Government;

(l) ‘‘hearing impairment’’ means loss of sixty decibels or more in the better year in theconversational range of frequencies;

(m) ‘‘institution for person with disabilities’’ means an institution for the reception care,protection, education, training, rehabilitation or any other service of persons withdisabilities;

(n) ‘‘leprosy cured person’’ means any person who has been cured of leprosy but issuffering from-

(i) loss of sensation in hands or feet as well as loss of sensation and paresis inthe eye and eye-lid but with no manifest deformity;

(ii) manifest deformity and paresis but having sufficient mobility in their hands andfeet to enable them engage in normal economic activity.

(iii) extreme physical deformity as well as advanced age which prevents him fromundertaking any gainful-occupation.

and the expression ‘‘leprosy cured’’ shall be construed accordingly;

(o) ‘‘locomotor disability’’ means disability of the bones joints or muscles leading tosubstantial restriction of the movement of the limbs or any form of cerebral palsy;

(p) ‘‘medical authority’’ means any hospital or institution specified for the purposes ofthis Act by notification by the appropriate Government;

(q) ‘‘mental illness’’ means any mental disorder other than mental retardation;

(r) ‘‘mental retardation’’ means a condition of arrested or incomplete development ofmind of a person which is specially characterised by subnormality of intelligence;

(s) ‘‘notification’’ means a notification published in the official Gazette;

(t) ‘‘person with disability’’ means a person suffering from not less than forty percentof any disability as certified by a medical authority.

(u) ‘‘person with low vision’’ means a person with impairment of visual functioning evenafter treatment or standard retractive correction but who uses or is potentiallycapable or using vision for the planning or execution of a task with appropriateassistive device;

24

(v) ‘‘prescribed’’ means prescribed by rules made under this Act;

(w) ‘‘rehabilitation’’ refers to a process aimed at enabling persons with disabilities toreach and maintain their optimal physical, sensory, intellectual, psychiatric or socialfunctional levels;

(x) ‘‘Special Employment Exchange’’ means any office or place established andmaintained by the Government for the collection and furnishing of information, eitherby keeping of registers or otherwise, respecting-

(i) persons who seek to engage employees from amongst the persons sufferingfrom disabilities;

(ii) persons with disability who seek employment;

(iii) vacancies to which person with disability seeking employment may beappointed;

(y) ‘‘State Coordination Committee’’ means the State Coordination Committeeconstituted under sub-section (I) of section 13;

(z) ‘‘State Executive Committee’’ means the State Executive Committee constitutedunder sub-section (I) of section 19.

25

CHAPTER II

The Central Coordination Committee

3 (1) The Central Government shall by notification constitute a body to be known as theCentral Coordination Committee to exercise the powers conferred on and to performthe functions assigned to it, under this Act.

(2) The Central Coordination Committee shall consist of-

(a) The Minister in charge of the Department of Welfare in the Central Government,Chairperson, ex-officio;

(b) The Minister of State in charge of the Department of Welfare in the CentralGovernment, Vice-Chairperson, ex-officio;

(c) Secretaries to the Government of India in-charge of the Departments of Welfare,Education, Woman and Child Development, Expenditure, Personnel, Training andPublic Grievances, Health, Rural Development, Industrial Development, UrbanAffairs and Employment, Science and Technology, Legal Affairs, Public Enterprises,Members ex-officio;

(d) Chief Commissioner, Member, ex-officio;

(e) Chairman Railway Board, Member, ex-officio;

(f) Director-General of Labour Employment and Training, Member ex-officio;

(g) Director National Council for Educational Research and Training Member ex-officio;

(h) three members of Parliament of whom two shall be elected by the House of thePeople and one by the Council of States, Members;

(i) three person to be nominated by the Central Government to represent the interestswhich in the opinion of that Government ought to be represented, Members;

(j) Directors of the-

(i) National Institute of the Visually Handicapped, Dehradun;

(ii) National Institute for the Mentally Handicapped, Secundrabad;

CentralCoordinationCommittee

26

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi - 110 001

K.J RAOSECRETARY (PLANNING)

No.437/6/98-PLN-III Dated: 19th November, 1998

ToThe Chief Electoral Officers of allStates and Union Territories.

Subject : Vehicles of All India Radio and Doordarshan-not to be requisitioned for election duty.

Sir,It has come to the notice of the Commission that the Chief Electoral Officers/District Election Officers/

Returning Officer are requisitioning the vehicles of All India Radio and Doordarshan for the purpose of utilisingthem for elections Taking into consideration the fact that All India Radio and Doordarshan are also involved inelection related work, the Commission has decided that the vehicles of All India Radio and Doordarshan will beexempted from being requisitioned for election duties.

Yours faithfully

(K.J. RAO)SECRETARY

Standard Distribution

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SECRETARIAT OF THEELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi

No. 53/2/98-PLN-IV Date: 10.1.1998

Gram : ELECOMNEW DELHI

Telex : ND 31 - 611312Fax : 3713412/3739944

ToThe Deputy Controller of Stamps,Central Stamps Depot,Nashik Road (Central Railway),Nashik - 422 101, (Maharashtra)(Fax No.0253 - 562718)

Subject :- Printing of new design green paper seals - regarding.Sir,

I am directed to refer to your D.O. Letter No.14899/F-9(Wt.), dated 8.1.1998 on the abovesubject and to state that the Commission will have no objection if the green paper seals in new design are printedwith 4 prefixes and 6 digits (00AA000000) in place of 1 prefix and 7 digits (C0000000) as proposed by youprovided the change in the numbering does not affect accoutability at any stage.

2. The supplies of green paper seals to the Chief Electoral Officers on receipt of indentsfrom them may be executed urgently and Commission may be intimated as soon as supply is completed.

Yours faithfully,

(C.R. BRAHMAM)SECRETARY

28

ELECTION COMMISSION OF INDIANirvachan Sadan. Ashoka Road.NEW DELHI-110001

C.R. BRAHMAMSecretary (Planning-I)

No. 464/INST/98/PLN-I/ Dated: 12th February, 1998.

To(1) Chief Secretaries/Chief Administrators of all States and Union Territories.(2) The Chief Electoral officers of all States and Union Territories.

Subject : Maintenance of Law and Order and prevention of electioneeringwithin the prohibited area around polling stations -Instructions regarding setting up of Election Booths.

Sir,In partial modification of the instructions contained in Commission's Order No. 576/11/ESO28/95/

JSII dated 10th January, 1995 (reproduced at Item No. 32 in Compendium of Instructions, 1998), the followingstanding instructions are now issued in the matter of setting up of election booths by the candidates on the dateof poll beyond a distance of two hundred meters from the polling stations:

(1) No booth shall be set up within a distance of 200 metres from the Polling Station. Even wheremore than one polling station has been set up in the same Polling Station Location or premises,there shall be only one booth of a candidate for such group of Polling Stations beyond adistance of 200 metres from such premises.

(2) Only one table and two chairs shall be provided at each such booths with an umbrella or a pieceof tarpaulin or cloth to protect the two occupants of those chairs at the booth from weatherconditions. Such booth shall not be enclosed by Kanats or tentage, etc.

(3) Each candidate wishing to set up such booths shall intimate, in writing, in advance, to theReturning Officer, the names and Sl. Nos. of the Polling Stations where such booths areproposed to be set up by him. He shall also obtain the written permission of the concernedGovernment authorities or local authorities like Corporations, Municipalities, Zilla Parishads,Town Area Committees. Panchayat Samitis etc., under the relevant local laws before settingup of such booths. Such a written permission must be available with the persons manning thebooth for production before the police / election authorities concerned on demand.

29

(4) Such booths shall be used only for the sole purpose of issuing unofficial identity slips to electors.These unofficial identity slips shall be printed strictly in accordance with the instructions of theCommission on the subject without the name or symbol of the candidate or the name of thepolitical party.

(5) Only one banner to display the name of the candidate, his party and the election symbol allottedto him shall be allowed at each such booth, provided that such banner shall not be more than3 feet by 1½ feet in length and breadth. Any banner set up in violation of this restriction willbe removed by authorities maintaining the law and order.

(6) No crowds shall be allowed to collect at such booths in any circumstances, nor shall any personwho has already cast his vote at the polling station be allowed to come to the booth. This wouldbe evident from the indelible ink mark on his left forefinger or any other finger as specificallyprescribed for that election for the constituency in which the polling station is located.

(7) The persons manning the booths shall not cause any obstructions whatsoever in the way ofelectors proceeding to the polling stations or prevent them from going to the booths of othercandidates or create any other sort of hurdles whatsoever in the right of voters to exercise theirfranchise according to their own free will. More specifically, no elector shall be influenced inany way whatsoever to either come and collect the unofficial identity slip from the particularbooth or if he comes to such booth of his own accord to vote in favour of or against any party /candidate contesting the election.

(8) The Commission hereby warns all concerned that any violation of the above directions will beviewed by the Commission with the utmost gravity and most stringent action possible under thelaw, including but not restricted to the removal of such booths forthwith will be taken againstthe candidates and / or their agents / workers responsible for any such violations.

(9) If any officer is found to have failed to take prompt and expeditious action to ensure the strictcompliance of the above mentioned directions, he will render himself liable to strict disciplinaryaction apart from any penal action as may be called for against him for failure to discharge theofficial duty.

A copy of this letter in English / Hindi and in local official language(s) of the State / UT concerned shallbe made available to the local units of all recognised National and State Political parties immediately, and to eachcandidate, or the agent authorised by him.

Kindly acknowledge receiptYours faithfully,


30


C.R. BRAHMAMSecretary (Planning-I) Dated: 14th February, 1998.No. 464/INST/98/PLN-I/

To(1) Chief Secretaries Chief Administrators of all States and Union Territories.(2) The Chief Electoral officers of all States and Union Territories.

Subject : Maintenance of Law and Order and prevention of electioneering withinthe prohibited area around polling stations - Instructions regarding useof Cellular Phones.

Sir,In continuation of the instructions contained in letter of even number dated 12-02-1998, in

order to prevent electioneering at the Polling Stations on the date of poll and to maintain law and orderin the counting centres at the time of counting of votes, the Commission hereby directs that no person shallbe allowed to either carry or use cellular phones, cordless phones, wireless sets, etc., in the 100 meterperimetre of the Polling Stations described as the "Polling Station Neighbourhood" and within the pollingbooth. Similarly no person shall be allowed to carry or use such instruments in the area within and aroundthe Counting Centre or within the area cordoned off by the security forces to regulate the entry of personsto such Counting Halls and Centres. If any person is found in possession of such instrument in violationof these directions, the instrument shall be seized by the officers in charge of security and shall be returnedto the person concerned only after the counting of votes is completed and results are declared.

These restrictions, however, do not apply to the officers in charge of law and order and securitypersonnel put on duty near the polling booths and counting centres who may be using any of suchinstruments in the course of the discharge of their official duties. Similarly, these restrictions do not applyto the Observers appointed by the Commission and to the officers incharge of polling duty and countingduty who may have to use such instructions in the course of their official duties.

These instructions shall be brought to the notice of the candidates, their election agents and allpolitical parties for their information and strict compliance. A press note in this regard may also be issuedfor the information of the general public.

Yours faithfully,


31

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, New Delhi - 110001.

C.R. BRAHMAMSECRETARY (PLANNING)

No. : 23/98/PLN-II/ Date : 11.09.1998

ToThe Chief Electoral Officers,1. Madhya Pradesh, 2. Rajasthan,3. Mizoram, 4. NCT of Delhi.

Subject : Modifications in the electoral rolls and supply of copies of electoralrolls to political parties.

Sir,In connection with the modifications in the computerised Electoral Rolls to be used for the forthcoming

general elections to the State Legislative Assemblies and the supply of the copies of the electoral rolls to therecognised political parties, the following procedure is required to be followed by all concerned.

Modifications in the Electoral Roll.Your attention is drawn to the arrangements for entertaining applications for modifications in the

electoral roll on the eve of elections as was adopted during the General Elections to Lok Sabha, 1998. A similarstrategy should be adopted in the 4 States where elections are due later this year. Any modification in the electoralrolls covering cases of addition, deletion and modification will not be entertained in a casual and routine manner.The Commission has already prescribed detailed procedure and registers for this purpose. These have to bestrictly followed. While entertaining requests for changes to be incorporated in the last minute, all care be takento ensure that the facilities are not misused.

Supply of copies of Electoral Rolls to political partiesAdequate publicity should be given to the rolls printed after computerisation. National Parties and

recognised State Political parties should be given two copies of the electoral roll of each constituency free of costso that they have an opportunity to check the correctness of the same.

For the States where elections are due to new State Assemblies in December, 1998, the CEOs will

32

ensure that the printed copies are made available to the political parties and they should also give due publicityto this. It had already been indicated in the meeting with the CEOs that this work should be completed in thesefour States not later than 15th September, 1998.

It is further clarified that CEOs may not wait for printing of Rolls to be completed in the whole Stateto start distribution of copies to political parties. As and when printing of Rolls of one Assembly Constituency iscompleted, this should be distributed.

Electoral Rolls to be used at Polling StationsThe Commission further directs that the copy of the computerised electoral roll which is supplied to

political parties as directed above shall be exactly the same as is being made available to the Presiding Officersfor the conduct of polling. Under no circumstances the copies with names scored out in ink or manually, will bepermitted to be used for the conduct of poll at polling stations.

Computerisation - Continuous Updating of Electoral Rolls, 1998In this connection detailed guidelines given in Commission's letter No. 485/Stats/Comp/16/98, dated

10th September, 1998 may be referred to.In States where elections are due later during the current year, it would be necessary to print from

the computer database an additional supplement covering the changes in the Electoral Rolls. Additions, deletionsand modifications made during the Continuous Revision, 1998 would form separate lists in this Supplement. Theformat of this supplement would be the same as for the Summary Revision, 1998. This Supplement appended tothe earlier printed roll would be the final roll to be used for conducting the forthcoming elections or later forpublication as draft of the next summary revision.

As additions appear only in the Supplement and no changes are required in the earlier published rollnothing further needs to be done. Deletions normally require the entry in the printed roll to be scored out. However,it has been decided by the Commission that the entries corresponding to deletions listed in the additionalSupplement corresponding to the continuous updating of rolls post 1.5.98 till the last date of nominations, wouldnot be scored out in the Printed rolls. Instead, against such an entry an asterisk (*) should be marked by handalong with the serial number of the entry in the deletion list. Similarly, in respect of modifications, the entry in theprinted rolls should be marked with a hash sign (#) by hand along with the serial number of the entry in thecorrections list. These markings would be made only in the copies of the roll to be used in the Election Offices.The fact that the deletions and modifications of the last supplement would not be directly reflected in the motherroll / earlier supplements, may be brought to the notice of the political parties and candidates while sending therolls so that there is no scope of confusion.

No changes / markings can be made by hand in the rolls handed over to the political parties or

33

candidates as these should have been handed over much in advance. Similarly no markings are to be done in thecopies made available for sale.

A clear explanatory order should be available with each Presiding Officer on this aspect so that if anyPolling Agent has any doubts this can be shown to them.

These instructions may please be brought to the notice of all concerned.

Yours faithfully,

(C.R. BRAHMAM)

34



No. 52/5/98/PLN-IV/ Date : 30.09.1998

ToThe Chief Electoral Officers ofall States and Union Territories

Subject : Revised symbol Blocks-Directions of the Commission.Sir,

I am directed to state that the Commission has approved following new symbols and modificationsin some symbols as mentioned below :—

1. Modifications in the symbol ‘‘Hand’’ reserved for Indian National Congress which is a National Party,in the symbol ‘‘Haldhar within wheel’’ reserved for Janata Party and in the symbol ‘‘Cultivator CuttingCrop’’ reserved for Manipur State Congress Party, which are recognised State Parties.

2. Following 6 are new symbols which are included in the list of free symbols :(a) Cup & Saucer(b) Hut(c) Ink-Pot and Pen(d) Tree(e) Kisan Driving Tractor(f) Woman Carrying Pot on her head

M/s. Ideal Cottage Industries, Chandpole Bazar, Jaipur-302001 (Rajasthan) (Fax = 0141-202866and Telephone = 0141-321891) have been asked by the Commission to prepare the Blocks of the said symbolsfor supply to the States. Drawings of the said revised/new symbols are enclosed herewith.

35

In this connection, the Commission directs that the CEOs may take immediate steps to placefirm orders with the said Firm for the supply of new symbol blocks of the above mentioned symbols.

In this connection, the following further directions of the Commission are communicated tothe CEOs.:

i) The CEOs shall ensure that old blocks of the symbols “Hand” and “Haldhar within wheel” aredestroyed under the supervision of senior officers selected by the CEO and certificates beobtained from them to that effect. This shall be the standard procedure to be adopted in futurewhenever any of the existing blocks are to be replaced by new blocks due to changes in design/drawing of any election symbol.

ii) All the States shall procure the required quantity of revised symbols “Hand” and “Haldhar withinwheel” from M/S. Ideal Cottage Industries. Firm orders be placed immediately.

iii) As a matter of policy, the Commission has prescribed the standard size of 9 ems. x 6 ems. for thesymbol blocks and the CEOs shall ensure this standard.

(iv) Further, Commission did not approve any State to prepare its own symbols. This is in view of thefact that complaints are being received about non-conformity to the standard drawing and sizeapproved by the Commission. Commission gets the “Pulls” of the symbols prepared by theapproved manufacturer countersigned by the political party to whom the symbol is reserved.Therefore, only those symbols manufactured from the master die by the approved Firm are to beused for printing ballot papers for the sake of uniformity.

Kindly acknowledge receipt and confirm action taken.Yours faithfully

(C.R. BRAHMAM)Copy to :

1. M/s Ideal Cottage Industries,Chandpole Bazar, Jaipur-302001 (Rajasthan)(Fax = 0141-202866)

2. M/s Times Engineering Works,(Times Type Foundry)8, M.R. Lane, Manavarthipet,Bangalore-560 053 (Karnataka)

DRAWINGS OF THE SYMBOLSS.No SYMBOL & RESERVED

FORDRAWING OF SYMBOL

1 "Hand"Indian National Congress

2 "Haldhar within wheel"

Janata Party

3 "Cultivator cutting crops" Manipur State Congress Party

4 "Cup & Saucer"

Free Symbol

5 "Hut"

Free Symbol

6 "Ink Pot and Pen"Free Symbol

7 "Tree"

Free Symbol

8 "Kisan Driving Tractor"Free Symbol

9 "Woman carrying pot on her head"

Free Symbol

38


No. 54/2/99-PLN-IV Date 7th April, 1999

ToThe Chief Electroal Officers ofall States and Union Territories.

Subject: Quantum of reserve of Indelible Ink to be kept duringElection period - regarding .

Sir,

I am directed to state that at present the quantum of reserve stock of indelible ink kept duringthe election period varies from State to State. The matter has been considered by the Commission.

2. The Commission has decided that the quantity of indelible ink to be kept at reserve stock maybe restricted to a maximum of 10% of the actual requirement. The location to keep the reserve stock should asfar as possible be District Headquarters but the Chief Electoral Officers may at their discretion decide the locationand the quantity to be retained at each such location so long as the overall requirement of the State for reservesis within 10% of the projected total for each election event.

3. Kindly acknowledge the receipt of this letter.

Yours faithfully,

(AJAY KUMAR)UNDER SECRETARY


Telex : ND 31 - 611312Fax : 3713412/3739944

39

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road, NEW DELHI-110001

C. R. BRAHMAMSECRETAY (PLANNING)

NO. ECI/GE98-464/Inst./98/PLN-l JANUARY 18, 1998

TOTHE CHIEF ELECTORAL OFFICERS OFALL STATES & UNION TERRITORIES.

SUBJECT : General Elections, 1998 - Deployment of polling and countingpersonnel - Random Number Generation Technique.

Dear CEO,

I am directed to say that during the last General Elections to the Uttar Pradesh and Punjab LegislativeAssemblies the Chief Electoral Officers had adopted the Random Number Generation Technique for deploymentof polling and counting personnel through computers. The computers and the software developed by the NationalInformatics Centre available at various NIC centres in the States were used for the purpose.

2. In this process a code number (different from Polling Station Number) is assigned to each PollingParty and just before departure of the party this is decoded to the actual Polling Booth Number where the partyhas to reach.

3. The Commission has observed that deployment of polling and counting personnel using RandomNumber generation technique as mentioned above, could effectively eliminatecomplaints relating to any possible partisan conduct of polling personnel.

4. The criteria to be followed by you while constituting polling and counting parties is enunciated inthe Note enclosed hereto.

5. It is further directed that this entire process of randomisation should be under the close supervision

40

of the Election Observers who are present in the District. The entire exercise of drawing of the names of availablestaff, clubbing them together to form polling parties and thereafter assigning each polling party to polling boothshould, from the beginning to its finish be done under the close supervision of the Central Observers.

6. The Commission directs you to follow this method of deployment of polling parties for the ongoinggeneral elections to the Lok Sabha and State Legislative Assemblies.

7. Wherever computers are not available, the same objective can be achieved by use of printedRandom Number Tables from books or from computer print outs from the State Headquarters.

Yours faithfully,

(C.R.BRAHMAM)

GE98-RAN DOM-SEL. SECRETARY

41

BASIC CRITERIA FOR CONSTITUTINGPOLLING / COUNTING PARTY

1. Presiding Officer & Polling Officers are classified on the basis of scale of pay and theirpost and rank and certain employees are preferred as Presiding Officers. PresidingOfficer should be of higher scale/grade in comparison to all polling officers. Class IVemployees cannot be Presiding Officer in any case.

2. No person should be assigned polling duties in a constituency in which he is posted orresides.

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

4. Two members of the polling party should not be from the same department and in anycase Presiding Officer and First Polling Officer should not be from the samedepartment.

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

6. Central Government employees may be posted at relatively more sensitive pollingbooths.

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

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

9. The actual Polling Station allotted to the individual Polling Persons just before the polling partiesactually leave the dispersal centre.

42


No. 576/3/98/JUD-IIDate : 19.1.1998


Subject : General Elections to the House of People and State LegislativeAssemblies, 1998 — Facilities to be provided to the electors havingphysical disabilities-regarding.

Sir,I am directed to say that under the provisions of Persons with Disabilities (Equal

Opportunities, Protection of Rights and Full Participation) Act, 1995, the persons with disabilities have to beprovided barrier-free facilities in public places.

2. It has been reported to the Commission that physically handicapped electors have beenfinding difficulties in reaching the polling stations for recording their votes.

3. The Commission has directed that it may be ensured that all physically handicapped personsare able to exercise their franchise with least inconvenience. They should be allowed the facility of a companionto assist them having regard to the provisons of rule 40 of the Conduct of Elections Rules, 1961. They may alsobe given priority in the matter of their entry into the polling stations, wherever the circumstances so warrant.

4. The District Elections Officers/Returning Officers and all other concerned authorities maybe informed about the above directions of the Commission for strict compliance.


Telex : ND 31 - 611312

Fax : 3713412/3739944

Nirvachan Sadan,Ashoka Road, New Delhi

43

5. Kindly acknowledge the receipt.

Yours faithfully

(K.J. RAO)SECRETARY

Copy forwarded for information to Shri B.L. Sharma, Addl. Secretary, Government ofIndia, Ministry of Welfare, New Delhi with reference to his D.O. No. 16-39/97-Nl.I, dated 1.1.1998 toChief Election Commissioner.

(K.J. RAO)SECRETARY

44


K.R. PRASADSECRETARY (PLANNING-Il)

No.437/6/98-PLN-III Date : 23rd January, 1998

ToThe Chief Secretaries of allStates and Union Territories

Sir,It has come to the notice of the Commission that there are several instances of officers belonging to

the Indian Administrative Service, Indian Police Service and other State Government Senior officials whosespouses are active in the political arena either as candidates in elections or as active members of political parties.

The Commission in the interest of free and fair poll, directs that in all such cases the concerned officersshould not leave their Headquarters either on leave or on tour till the elections are complete in all respects.

If for some reason they are required to leave their Headquarters then specific written permission ofthe Chief Secretary has to be obtained before they leave their Headquarters during the election period who shouldensure that such officers do not get involved in any way with the political activities of their spouses.

Receipt of this letter may kindly be acknowledged.

Yours faithfully,

(K. R. PRASAD)

45


SAYAN CHATTERJEE, I.A.S.DEPUTY ELECTION COMMISSIONER

No. 576/3/98-JS-II Date : February 3, 1998

ToChief Secretaries ofall States and Union Territories

Sir,The Commission wishes to bring to the notice of all concerned the provisions of Section 134B

of the Representation of People Act, 1951, as inserted by the R.P. (Amendment) Act, 1996, whose underlyingintention is to ensure that, except those expressly permitted by that section, no one else carries any arms or indulgesin show of arms in polling stations or in their vicinity (an areas within a radius of 100 metres from the polling booth),so that the conduct of elections can take place in a free and fair manner without any intimidation of voters, or threatperception to them or they being overawed by large posse of security personnel carrying arms..2 To facilitate the understanding of the issue, Section 134B is reproduced below :

“Prohibition of going armed to or near a polling station —(1) No person other than the returning officer, the presiding officer, any police officer and

any other person appointed to maintain peace and order at a polling station who is on duty at the pollingstation, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959, of any kind withinthe neighbourhood of a polling station.

(2) If any person convtravenes the provisoins of sub-section (1), he shall be punishable withimprisonment for a term which may extend to two years or with fine or with both.

(3) Notwithstanding anything contained in the Arms Act, 1959, where a person is convictedof an offence under this section, the arms as defined in the said Act found in his possession shall beliable to confiscation and the licence granted in relation to such arms shall be deemed to have beenrevoked under section 17 of that Act.

(4) An offence punishable under sub-section (2) shall be cognizable”.3. It is seen from time to time that during the poll process, candidates and/or supporters of candidates,who are recipients of security extended to them by the State authorities, enter polling Stations or go within the

46

neighbourhood thereof accompanied by their security personnel. This is in clear contravention of the Provisionslaid down in 134B of the R.P. Act, 1951.

4. The Election Commission, therefore, directs that no person, be he a recipient of any form of securityfrom any quarter, should enter into any polling station or go within its neighbourhood, accompanied by suchsecurity personnel. Neighbourhood of a polling station should be construed to mean an area within a radius of 100metres from the polling booth, on the analogy of Section 130 of the R.P. Act, 1951. The security agencies in chargeof extending security must therefore, recast security plans accordingly. It would be the duty of those in charge ofthe election to ensure that the provisions of the above quoted section 134B of the R.P. Act, 1951 are strictlyenforced and no security personnel attached to any person (i.e., any candidate, any of his agents, workers,supporters, or even any elector) enter into any polling station or are found in the neighbourhood of the pollingstation. The same restrictions should also apply in relation to entry into counting centers and in the neighbourhoodof the counting centers.

5. Candidates usually carry out most of their campaigning activities through their election agents,particularly, where the candidates are important leaders of their party and have to campaign for their partyelsewhere than in the State and constituencies, from where they themselves are contesting. Therefore, thecandidates, in their own interest, would be well advised not to appoint any person as their election agentwho is recipient of any form of security cover by the State which requires him to be accompanied by securitypersonnel carrying arms. This would ensure all election agents to move about freely to look after interests of theircandidates during the campaign period, the day of polling and the day of counting.

Yours sincerely,

(SAYAN CHATTERJEE)

47

FROM

SECRETARYELECTION COMMISSION OF INDIANEW DELHI-110001

TO

CHIEF ELECTORAL OFFICERS OFALL STATES AND UNION TERRITORIES

SUBJECT : SCRUNITY OF NOMINATION PAPERS - FILINGOF AFFIDAVIT ABOUT CONVICTIONS, IF ANY

NO. 576/3/98/JUD-II DATED 03.02.1998

AS YOU KNOW(,) ALL CANDIDATES HAVE BEEN ASKED

TO FILE AN AFFIDAVIT TO ENSURE THAT CONVICTED PERSONS TO

WHOM PROVISIONS OF SECTION 8 OF REPRESENTATION OF THE PEOPLE

ACT, 1951 ARE APPLICABLE DO NOT ENTER INTO THE ELECTORAL

FRAY(.) SOLE INTENTION OF THE EXERCISE IS TO WEED OUT CONVICTED

CRIMINALS FROM CONTESTING ELECTIONS(.) THE AFFIDAVIT IS NOT

AN INTEGRAL PART OF THE PRESCRIBED NOMINATION PAPER(.)

NOMINATION PAPER SHOULD NOT BE REJECTED MERELY ON THE

GROUND THAT THE CANDIDATE HAS FILED AN INCOMPLETE OR

TECHNICALLY INCORRECT AFFIDAVIT(.) COMMISSION HAS CLARIFIED

THAT IN THE CASE OF A TECHNICALLY INCOMPLETE / INCORRECT

AFFIDAVIT HAVING BEEN FILED THE PERSON FILING NOMINATION

SHOULD BE GIVEN TIME AND OPPORTUNITY TO REMOVE ANY

48

TECHNICAL DEFECT IN H[S AFFIDAVIT OR TO FILE A TECHNICALLY

CORRECT AFFDAVIT(,) IF AND AS REQUIRED(,) EVEN DURING THE

PROCESS OF SCRUTINY WHICH CAN BE TEMPORARILY ADJOURNED IN

HIS CASE FOR THE PURPOSE(.) IN CASE A COPY OF PROFORMA OF

AFFIDAVIT IS REQUESTED DURING SCRUTINY THE SAME MAY BE

PROVIDED TO THE PERSON ALONG WITH TIME AND OPPORTUNITY TO

COMPLETE AND FILE THE SAME(.) IT IS ONLY WILFUL DEFIANCE AND

REFUSAL TO FILE THE AFFIDAVIT WHICH WILL RESULT IN REJECTION

OF NOMINATION(.) IF ANY WRONG AFFIDAVIT IS FILED(,) THAT WILL BE

DEALT WITH SEPARATELY UNDER THE RELEVANT LAW(.)

THE CONTENTS OF THE ABOVE MESSAGE MAY PLEASE

BE BROUGHT TO THE NOTICE ALL THE RETURNING OFFICERS

IMMEDIATELY(.)

Not to be transmitted

Date 03.02.1998 (K.J. RAO)

SECRETARY

Copy by post in confirmation, forwarded to the ChiefElectoral Officers of all States and Union Territories.

(K.J. RAO)SECRETARY

49


SAYAN CHATTERJEE, I.A.S.DEPUTY ELECTION COMMISSIONER

No. 476/3/98-JS-II Date : 14th February, 1998

ToChief Secretaries/Chief Administratorsof all States and Union Territories

Copy to: The Chief Electoral Officers ofall States and Union Territories

Sir,The directions contained in letter of even number dated 03-02-1998, are modified to the

following extent in respect of SPG protectees :(a) The CPT with arms will follow the protectee to the door of the polling booth or the counting

hall, as the case may be.

(b) Thereafter only one PSO with concealed fire arm will accompany the protectee inside andposition himself in such a manner as to be able to provide the requisite cover to the PP, shouldit become essential, without otherwise interfering with the proceedings in any manner.

Yours sincerely,

(SAYAN CHATTERJEE)

50

ELECTION COMMISSION OF INDIANirvachan Sadan, Ashoka Road,

New Delhi-110001

No. 509/Disqln./97/J.S.-I/Vol. II Dated : 6th January, 1998

ToThe Chief Electoral Officers ofall States/Union Territories

Sub : Criminalisation of Politics — Participation of criminals in the electoral process as candidates- disqualification on conviction for offences - effect of appeal and bail - regarding.

Sir,

I am directed to refer to the Commission’s letter of even number dated 28.8.1997, forwardingtherewith a copy of the Commission’s Order, dated 28.8.1997, cited above.

2. Taking into consideration the views expressed by various political parties, the Commission hasrevised the proforma enclosed with the Commission’s above mentioned letter, which the Returning Officeris to hand over to the candidate to enable him to furnish the requisite information in the form of affidavitto the Returning Officer before the commencement of scrutiny of nominations. The revised proforma isenclosed with the letter. It will be observed from the revised proforma that the information to be furnishedtherein is restricted to convictions in any case specified in Section 8 of the Representation of the PeopleAct, 1951.

3. The revised proforma, together with copy of the Commission’s letter and Order dated 28.8.97,should be furnished to every R.O. and A.R.O. of each Parliamentary and Assembly Constituency and allother election related authorities concerned, in the State/U.T. for their information, guidance and strictcompliance at the ensuing general elections and bye elections and also at all future elections.

4. As already instructed copy of this proforma should be attached to each form of nominationpaper supplied to an intending candidate, so that the candidate furnishes that information alongwith hisnomination paper, and, in any case, before the date and time fixed for scrutiny of nominations.

5. Kindly acknowledge receipt.

Yours faithfully,

(K.J. RAO)SECRETARY

51

Proforma for furnishing information under Section 8 ofthe R.P. Act, 1951 by every candidate at an election to

Parliament or State Legislative

Election to the ______________________________________________________________________

From ______________________________________________ Constituency

Name of the Candidate

Father / Mother / Husband's name

(1) Have you ever been convicted by a Court of law-

(i) in any case specified in sub-section (1) of Section 8of the Representation of the People Act, 1951:

(ii) in any case specified in sub-section (2) of the saidSection 8, and sentenced to imprisonment for notless than six months.

(iii) in any other case, and sentenced to imprisonment fornot less than 2 years.

(2) If yes, give details (in each case separately) as below :-

(i) Name of the Court by which Convicted :

(ii) Date of Conviction :

(iii) Were you a sitting member of Parliament orof a State Legislature, on the date of suchConviction : Yes/No

52

(iv) if yes, give exact details of such status asMP/MLA/MLC :

(v) Nature of offence committed (with detailsof the relevant Act and Sections) :

(vi) Punishment imposed :

(vii) Period for which undergone imprisonment,if any :

(viii) Date of release from prison :

3. Was any appeal/application for revision : Yes/Nofiled against above Conviction.

(i) Reference No. of appeal/application for revision :filed, if any

(ii) Date of filing of such appeal/application for :revision

(iii) Name of the Court before which the appeal/ :application for revision filed

(iv) Whether the said appeal/application for : Disposed of/revision has been disposed of or is pending Pending

(v) If disposed of-

(a) Date of disposal :

(b) Nature of order passed :

(vi) Whether any bail granted during the pendency of :appeal/application for revision

(vii) If yes, period during which remained on bail :

Place : (Signature of candidate)

Date :

53

Before the Returning Officer

For Election to ________________________

From _______________________________ Constituency.

AFFIDAVIT

I, __________________________ Son/daughter/wife of_____________________________________

aged________________________ Years, resident of _______________________________________

do hereby solemnly affirm and declare as follows :-

(1) That I have field my nomination paper(s) for the above election.

(2) That, in connection with my candidature for the above election, I am submitting herewith theinformation, as asked for by the Returning Officer under section 8 of the Representation of thePeople Act, 1951, in the prescribed proforma.

(3) That the information furnished in the enclosed proforma is true to the best of my knowledge andbelief and that nothing material has been concealed therefrom.

Place :

Date : DeponentVerified before me(Signature of verifying authoritywith seal)

54


No. 576/3/98/J.S.II/ Date: 16th December, 1998


Telex : ND 31 - 611312Fax : 3713412/3739944


Subject : Forms for taking oath/affirmation by the candidates contesting election - clarification.

Sir,I am directed to invite your attention to the Commission's instructions in para 21 of

Chapter-V of the Handbook for Returning Officers, 1998 regarding oath or affirmation to be made and subscribedby candidates at an election.

2. Two Forms oath/affirmation are prescribed in the Third Schedule to the Constitution-Form IIIA forelection to Parliament and Form VII A for election to a State Legislature (other than Legislative Assemblies of Delhiand Pondicherry). For election to the Delhi Legislative Assembly, oath/affirmation is to be made in the form setout in the Schedule to the Government of National Capital Territory of Delhi Act, 1991 (No.1 of 1992). In sofar as election to the Legislative Assembly of Pondicherry is concerned, such oath/affirmation is to be made in theform prescribed in the first schedule to the Government of Union Territories Act, 1963 (No.20 of 1963).

3. A model of each of the aforesaid four forms for taking oath/affirmation by candidates is forwardedherewith. Every Returning Officer may be instructed to ensure that only the correct form as is appropriate for theelection from his constituency is supplied to the candidates. It should also be ensured that the Forms are suppliedboth in English and in the Official Language of the State Union/Territory concerned, and not in English only.

4. These forms may be substituted in place of the existing one given in Annexure XII (page 221) of theHandbook for Returning Officers, 1998 and in Annexure XIII (page 227) of the Handbook for Returning Officers,

55

1998 (where EVMs are used). These Forms may also be inserted after the Commission's notifications dated 18thMarch, 1968 in Appendix VI ( Pages 126-129) of the Handbook for Candidates, 1997 and in AppendixVI(Pages 152-157) of the Handbook for Candidates, 1998 (where EVMs are used).


Yours faithfully,

(K.J. Rao)SECRETARY

56

Form of Oath or Affirmation(Article 84 (a) of the Constitution of India)

(To be made by a Candidate for election to Parliament)

I .........................................................having been nominated as a candidate to fill a seat in theCouncil of States (or the House of the People) do swear in the name of God/solemnly affirm that I willbear true faith and allegiance to the Constitution of India as by law established and that I will uphold thesovereignty and intergrity of India.

(Signature and name in blockletters of the candidates)

Sworn in the name of God/solemnly affirmed by Shri/Shrimati.....................................................................................................................at..................................................................................................(Place) at...................................................(hour) this the...............................................................................day of......................................199..........................................................before me.

(Signature of authorised person)Name, Designation and Seal.

Certificate for receipt of Oath(To be handed over to the candidate by the authorised person)

Certified that .................................................... (name) a candidate for election to the Councilof States (*or the House of the People) has made and subscribed the oath/affirmation as required by theConstitution of India before me at my office at ..........................................(hour) on ..........................(date).

Date : (Signature of authorised person)Name, Designation and Seal.

* Score out which is not applicable.

N.B : This Form should be supplied to the candidates both in English and in the Official Languageof the State/Union Territory.

57

Form of Oath or Affirmation(Article 173 (a) of the Constitution of India)

(To be made by a Candidate for election to the Legislature of a State)

I .........................................................having been nominated as a candidate to fill a seat in the........................................................Legislative Assembly (*or Legislative Council) do swear in the nameof God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by lawestablished and that I will uphold the sovereignty and intergrity of India.





Certified that .................................................... (name) a candidate for election to the...................................Legislative Assembly (*or Legislative Council) has made and subscribed the oath/affirmation as required by the Constitution of India before me at my office at ..........................................(hour)on ..........................(date).


* Score out which is not applicable.

N.B : This Form should be supplied to the candidates both in English and in the Official Languageof the State.

58

Form of Oath or Affirmation(Section 4 (a) of the Government of National Capital Territory of Delhi Act, 1991 (No. 1 of 1992)

(To be made by a Candidate for election to the Legislative Assembly of theNational Capital Territory of Delhi)

I .........................................................having been nominated as a candidate to fill a seat in theLegislative Assembly do swear in the name of God/solemnly affirm that I will bear true faith and allegianceto the Constitution of India as by law established and that I will uphold the sovereignty and intergrity ofIndia.





Certified that .................................................... (name) a candidate for election to theLegislative Assembly of the National Capital Territory of Delhi has made and subscribed the oath/affirmationas required by the Government of National Capital Territory of Delhi Act, 1991 before me at my office at..........................................(hour) on ..........................(date).


N.B : This Form should be supplied to the candidates both in English and in the Official Languageof the National Capital Territory of Delhi.

59

Form of Oath or Affirmation(Section 4 (a) of the Government of Union Territory Act, 1963 (No. 20 of 1963)

(To be made by a Candidate for election to the Legislative Assembly of theUnion Territory of Pondicherry)

I .........................................................having been nominated as a candidate to fill a seat in theLegislative Assembly of Pondicherry do swear in the name of God/solemnly affirm that I will bear truefaith and allegiance to the Constitution of India as by law established and that I will uphold the sovereigntyand intergrity of India.





Certified that .................................................... (name) a candidate for election to theLegislative Assembly of Pondicherry has made and subscribed the oath/affirmation as required by theGovernment of Union Territory Act, 1963 before me at my office at ..........................................(hour) on..........................(date).


N.B : This Form should be supplied to the candidates both in English and in the Official Languageof the Union Territory.

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K.R. PRASADSECRETARY (PLANNING)

No. 437/6/98/PLN-III Dated : 8th January, 1998

To1. The Cabinet Secretary,

Cabinet Secretariat,Rashtrapati Bhawan,New Delhi

2. The Chief Secretaries of all theStates and Union Territories.

3. Chief Electoral Officer of all theState and Union Territories.

Subject : Use of Aircraft by Political Parties-regarding.

Sir,The Commission has already issued detailed instructions regarding use of Government aircraft owned

by the Government and Public Sector Undertakings. As per these existing instructions, during the election processthere in a complete ban on use of aircraft by political functionaries including Chief Minister and Ministers. The onlyexemption is for the Prime Minister in office. These instructions have been reiterated again recently by theCommission on 16.12.1997.

Requests have been received from some of the Chief Ministers for relaxation of these restrictions forvarious reasons including those of security.

The Commission reviewed the matter in depth and obtained further inputs from appropriate quartersin this regard. After taking into consideration all relevant factors into account, the Commission had decided that

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the existing instructions in the matter will stand and there shall be no relaxation in the matter for any reason.

The Commission’s existing restrictions do not however prohibit use of private aircraft by such politicalfunctionaries including Chief Ministers. Accordingly the Commission makes it clear that such political functionariesincluding Chief Ministers may, if required, hire private aircrafts and use it for their political campaign and otherelection related activities. The expenses of use of such aircraft can be paid for by the concerned political partiesand have to be accounted for suitably in their accounts.

Kindly acknowledge the receipt.

Yours faithfully,

(K.R.PRASAD)SECRETARY

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K.R. PRASADSECRETARY (PLANNING-II)


To1. The Chief Secretaries of

all States and Union Territories.

2. The Chief Electoral Officers ofall States and Union Territories.

Subject : General Election - Tours of Ministers.

Sir/Madam,Consequent on dissolution of Lok Sabha, Commission has announced the programme for General

Election to Lok Sabha 1998 and Legislative Assemblies of Meghalaya, Nagaland, Tripura, Himachal Pradesh &Gujarat and Bye-Elections to some Legislative Assemblies.

Accordingly, the Commission reiterates its existing instructions on Tours of Ministers. A copy of theinstruction No.437/6/96/-PLN III issued on 17th January, 1996 is enclosed for ready reference.

The Commission directs that its instructions are brought to the notice of all concerned for strictcompliance.


Yours faithfully,


63

SECRETARIAT OFELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi - 110001.



ToThe Chief Secretary(All States & Union Territories).

RepeatThe Chief Electoral Offirers(All States & Union Territories).

Subject : General Elections - Tours of Ministers.

Sir,I am directed to state that the Ministry of Home Affairs, Government of India vide their

Circular No.10/17/89-M & G, dated November 1, 1989 have reproduced the summary of theirinstructions on the tour of Ministers in connection with the election campaign. These instructions interalia lay down some specific formalities to be observed separately for official and private tours of theMinisters of Government of India during the period of electioneering particularly in the context of thefact that such tours generally overlap. A copy of the above mentioned circular of the Ministry of HomeAffairs dated November 1, 1989 is enclosed at Annexure I.

2. The Commission has been keenly watching the observance of the aforesaid instructionsof the Ministry of Home Affairs by the Ministers both of Central Government and of the Government ofState in which elections are held, as well as some other neighbouring and other States whose Ministerspay visits to the States having elections during the period of electioneering. The Commissionis constrained to observe that not only the spirit and letter of the aforesaid instructions of the Ministryof Home Affairs are vague, equivocal and permissive in nature, they are flouted with impunity andmisused with flagrant disregard to the image of impartiality which persons in high public office must

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cultivate and preserve during the period of election in order to maintain the purity of the election processand insulate the free right of franchise to be exercised by the voters from the manipulative tactics ofthe privileged ruling party both at Centre and in the State Governments.

3. During the elections superintended by the Commission in recent years the Commission hasbeen at pains to observe that the Ministers in their capacity as Members of the ruling party at the Centreand in some States misused the government owned machinery including guest houses, and such likeofficial infrastructures for the ostensible purpose of official visits for monitoring Government programmeswith the covert intention of participating in the election campaign of their parties. Such Ministers areunderstandably accompanied, on the above described "official" visits, by functionaries of their politicalparties. No departmental officials are reported to be accompanying the Ministers on which visits andmeetings as a result of which even remblance of an official visit is not maintained.

4. The Commission also observes with serious objection that local officers of the districtadministration and State Government who have also to perform statutory and other functions related to theconduct of elections are perforce made to attend on such Ministers in the name of administrative andsecurity arrangments which further casts a suspicion on the much needed independence and impartialityof the election related officers.

5. In the above circumstances, the Commission in exercise of the plenary powers vested in it byvirtue of Article 324 of the Constitution and all other powers enabling it in this behalf, has decided to issueits own directions in the interest of fair and free poll.

6. These instructions of the Commission do not in any way over-ride, modify or are affected by theinstructions of the Ministry of Home Affairs, Government of India No.10/17/89-M&G dated 1st Novmber,1989 referred to above. The Commission directs in supersession of its earlier instructions, as follows:-

6.1 Henceforth no Minister either of Central or State Government shall undertake an official visit ofany constituency from which elections have been announced by the Commission during theperiod commencing with the announcement of the elections upto the end of the election process.

6.2 The commission also directs that no Minister will summon any election related officer of theconstituency or the State in which any elections have been announced, to a place or officeor guest house outside the aforesaid constituency for any official discussions during the period

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of elections commencing with the announcement of the elections from such constituency andending with the completion of election process.

6.3 The only exception to these instructions will be when a Minister, in his capacity as inchargeof the concerned department, or a chief Minister undertakes an official visit to a constituency,or summons any election related officers of this constituency to a place Outside theconstituency, in connection with failure of law and order or a natural calamity or any suchemergency which requires personal presence of such Ministers/Chief Ministers for the specificpurpose of supervising review/salvage/relief and such like purpose.

7. It is clarified that the Ministers are entitled to use their Official vehicles in their headquartersfrom their place of residence to their office for official work provided that such commuting is not combinedwith any electioneering or any political activity

8. Any violation of these instructions will be viewed as gross infringement not only of the ModelCode of Conduct but also of the authority of the Commission to promulgate such directions as it considersnecessary to ensure peaceful, fair and free poll reflective of the true choice of the people and will bevisited with grave consequences as considered appropriate by the Commision on the merits of thespecific circumstances.

Yours faithfully,


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Copy of circular letter No.10/17/89-M&G. dated November 1, 1989 of the Government ofIndia, Ministry of Home Affairs. New Delhi.

OFFICE MEMORANDUM

Subject : General Election to Lok Sabha-Tours of Minister in connection with election campaign.

The undersigned is directed to say that whenever elections to the Lok Sabha are held, questions areinvariably raised in Parliament about the tours undertaken by the Ministers in connection with the electioncampaign. In reply, as a general policy it has always been made clear that according to existing instructions toursin connection with election campaign are not to be treated as official tours and that the services of Governmentofficials cannot be utilised for party or election work. The Ministry of Home Affairs have been issuing instructionsregarding tours of ministers for non official purposes, including election tours from time to time. These instructionshad been summarised and a copy thereof was laid on the Table of the Lok Sabha on 31st July, 1970. As thegeneral election to the Lok Sabha are due to be held in November, 1989 a copy of the summary of theseinstructions is enclosed with the request that its contents may be brought to the notice of the Ministers.

Instructions regarding the tours of Minister for non-official purposes including election tours, arecontained in several communications issued and reissued from time to time

General Instructions:-

(1) Until a Minister demits Office he is incharge of public affairs and accordingly even whileon tours, whether for official or private purposes, he must continue to discharge the responsibilities as Minister.Hence,

(a) he can take with him the minimum personal staff needed for this purpose and such staffis entitled to draw traveling and daily allowance under the rules; and

(b) when he visits any place, the district officers must arrange for normal courtesies andsecurity.

(2) A Minister may claim traveling and daily allowance only in respect of tours undertaken forOfficial Purposes i.e. tours, actually necessitated by duties which he could not perform, at headquarters. If an

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official tour is combined with private business of the Minister, which includes party work, and he has to undertakeany additional journey for this purpose, he is not entitled to any traveling allowance for the additional journey.If a Minister while on official tour devotes any day of his halt exclusively for private business he is not entitled today allowance for that day.

Special instructions regarding election tours

(3) Whenever a Minister decides that meeting which is going to be addressed by him as an electionmeeting he should ask for arrangements to be made on his behalf non officially and not by Government Servants.During the election tours Government meetings would be rare and normally public meetings should be consideredelection meetings and all expenses except those relating to maintenance of law and order, borne privately.

(4) The role of officials at election meetings should be confined to maintaining law and order andaffording normal protection to Ministers.

(5) No traveling expenses or daily allowance should be charged by Ministers for journeys, whichhave for their main purpose election campaign. It would be presumed that for some weeks prior to the poll, theactivities of Ministers on tour are much more concerned with elections than with their official duties.

(6) A journey undertaken by a Minister for filing nomination papers and subsequent tours to hisconstituency should be regarded as being for election purposes.

(7) If a Minister who has proceeded to his constituency for election purposes at his own expenses,has to proceed to some other place on duty, he may draw traveling allowance limited to the amount admissiblefrom his headquarters to the other place and back to headquarters. If he has to return to headquarters from hisown constituency in public interest by interrupting his election work, he may only claim the return air or railwayfare. Public interest shall naturally include attendance at all Cabinet Sub-Committee meetings. Other meetings orconferences at headquarters should be avoided as far as possible.

(8) Where a Minister has been provided with a car exclusively at the expenses of the State, the carshould not be used for election purposes. Even where a car is provided by the State but the Minister is givenan allowance for maintenance of the vehicle, it is not desirable to use such vehicle for election purposes.

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No.437/6/98-PLN-III Date : 8th January, 1998

To1. The Chief Secretaries of all the

States and Union Territories.2. Resident Commissioners of all the

States and Union Territories.3. Chief Electoral Officer of all the

State and Union Territories.

Subject : Restrictions on use of Government Guest Houses, Bhawans and State Sadans forholding of political parties meeting regarding election purposes.

Sir,The Commission has taken note of utilisation of various State Guest Houses, Bhawans and Sadans

at Delhi for election related activities by some of the political parties. These include holding of party meeting pressconference and consultations. The Commission after taking all factors into account has decided that no part ofsuch premises are utilised for any political activities of the kind already mentioned. The Resident Commissionersand Liaison Officers of all States and Union Territories at Delhi are hereby instructed to ensure that no violationin this regard is made.

There are, however, no restrictions for use of Bhawans for genuine requirements accommodation ofofficers and other visitors including political functionaries purely for purposes of their official tour to Delhi. TheResident/Liaison Commissioners are also advised that allocation of rooms should be done in a fair and equitablemanner and that it would be improper to provide entire floors and large blocks for exclusive use and for extendedperiod by political functionaries and parties.

Kindly acknowledge the receipt.Yours faithfully,


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K.R. PRASADSECRETARY

No.437/6/98-PLN-III Date : 10th January, 1998

To1. The Cabinet Secretary, Rashtrapati Bhavan, New Delhi.2. The Chief Secretaries of all the States and Union Territories.3. The Chief Electoral Officers of all the States and Union Territories.

Subject : Celebration of Republic Day - attendance of political functionaries.

Sir,References have been received from various States about the attendance of political functionaries in

the celebration of Republic Day. The Commission has considered all the relevant factors in view of the ensuingGeneral Elections to Lok Sabha and Legislative Assemblies and certain Bye-Elections. Commission has decidedthat there is no objection to Central Ministers/Chief Ministers/Ministers in the States to do the honours in the mainRepublic Day functions at various locations subject to the condition that in their speeches, they should confinethemselves to extolling the achievements of the Martyrs in securing freedom of the country, glory of the Indian Stateand so on. Under no circumstances, they should become a platform for political campaign.

In view of the fact that Republic Day celebrations will come during the election process and thatthe Central Ministers, Chief Ministers and Ministers in the States belong to political parties and alliances and mayeven be the candidates, the Commission, purely in the interest of ensuring a level playing field, directs that noCentral Minister/Chief Minister/Minister or any other political functionary in the States/Ex-MPs shall do thehonours at any Republic Day functions at any location of within their home district or constituency or from wherehe or she is a contesting candidate or intends to contest.

The Commission, however, has no objection to organisation of Kavi Sammelan, Mushairas or othercultural functions organised in connection with the Republic Day celebrations and being attended by the CentralMinisters, Chief Ministers, Ministers in the States and other political functionaries. However, utmost care should

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be taken to ensure that no political speeches are made on the occasion.The Commission has further decided that investiture ceremonies at the National and State level and

distribution of Tamra Patras to freedom fighters, etc. will be done according to the existing conventions.The above instructions may be brought to the notice of all concerned for strict compliance.


(K.R.PRASAD)

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No.437/6/GUJ/98-PLN-III Date : 16th January, 1998

ToThe Cabinet Secretary to theGovernment of Gujarat,Gandhinagar.

Subject : Model Code of Conduct - regarding

Sir,I am directed to refer to D.O.No.SBI/SSA/1098/409 dated l3th January, 1998 from Principal

Secretary, Home Department, and to state that all Ministers both Union and the State and all other leaders ofpolitical parties will be allowed security as per the threat perceptions assessed by official agencies and otherprofessional agencies. The expenditure on the bullet proof cars and all other cars used by these individuals willbe borne by the individuals concerned. However, expenditure on the security staff will be borne by the StateGovernment/UT Administration concerned.

Yours faithfully,


72


K.R. PRASAD,SECRETARY (PLANNING-II)

No. 437/6/98-PLN-III Date : 20th January, 1998

To1. The Chief Secretaries to all the

States and Union Territories.

2. Chief Electoral Officers of all theStates and Union Territories

Subject : Model Code of Conduct - Use of Rest Houses, Dak Bungalows andother Government accommodation.

Sir,Representations have been received regarding the provisions on allotment and use of rest houses, dak

bungalows and other Government accommodations as per the model code of conduct and their implementationin a non-uniform manner in different States and Union Territories.

Instances has also come to the notice of the Commission that in the name of fair allotment ofaccommodations, in some States and Union Territories these Government accommodations are not being allottedto anyone.

The Commission after considering various issues involved and taking into account all relevant factorshas decided that the relevant provision of model code of conduct should be implemented in letter and spirit andthe available accommodation should be allotted on a fair and equitable manner. The relevant portions are as below:

Item VII. Party in Power:

(iii) rest houses, dak bunglows or other Government accommodation shall not be monopolised bythe party in power or its candidates and such accommodation shall be allowed to be used by o t h e rparties and candidates in a fair manner but no party or candidate shall use or be allowed to usesuch accommodation (including premises appertaining thereto) as a campaign office or for holding any

73

public meeting for the purposes of election propaganda.

Such a balanced allotment should cover the entire period of campaign. However, 48 hours before the close ofpoll in any particular area, there will be freeze on such allocations till completion of poll or re-poll. The Commissiondirects that the Chief Electoral Officers will oversee strict and impartial implementation of these guidelines.

Yours faithfully,

(K.R.PRASAD)SECRETARY

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From :

K.R. PrasadSECRETARY (PLANNING)

NO/ECI/GE98-437/6/BR/98-PLN-III January 27, 1998

ToThe Chief Electoral Officer,Bihar, Patna.

Subject : Iftehar Party - 10000 invitees at CM’s residence at State costSir,

The question has been referred to the Commission from the State of Bihar seeking a clarification asto whether the Iftehar Party can be hosted by the Chief Minister to be attended by about 10,000 invitees, theexpense for which will made by the State exchequer. The Commission is of the view that any entertainment at Statecost on a religious occasion would not be correct and specially during the continuance of the election process.However, any individual is free by all means to host any such party in his personal capacity and meeting the expensewith his or her personal account on their own. This is being brought to the notice of all States and Union TerritoriesGovernments and the Cabinet Secretary for appropriate action.

With regards,Yours sincerely

(K.R. PRASAD)

Copy to :1. Cabinet Secretary, Rashtrapati Bhawan, New Delhi-110 001.2. Chief Secretaries of all States and Union Territories.3. Chief Electoral Officers of all States (except Bihar) and Union Territories.

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I


No. 437/6/OR/95/MCS/1158 Date : 29th March, 1996

ToThe Secretary to theGovernment of India,Ministry of Home Affairs, New Delhi.

Sir,Please refer to letter of Shri V.K. Malhotra, Joint Secretary (CS) dated 21.2.96 regarding clarification

sought by Orissa Government in connection with the expenditure to be incurred on the barricading and rostrumsetc. for Prime Minister’s visit in connection with elections.2. Attention is drawn to Commission’s Order No. 437/6/ES0025/94/MCS dated 21.10.94 (copyenclosed) wherein it has been clarified that the State Governments/Union Territories should strictly adhere to theOrder of the Supreme Court given by its Order dated 29.4.94 in the writ petition (Civil) No.312 of 1994. In theCommission’s Order, it has further been directed that such individuals who visit State/Constituency forelectioneering and election arrangements like barricading/rostrums etc. shall be borne by the concerned politicalparty.3. It is, therefore, directed once again that instructions as contained in Commission’s Order dated21.10.1994 should be strictly adhered to.

Yours faithfully,sd/-

( K.P.G. KUTTYSECERETARY

No. 437/6/OR/MCS/1158 Dated : 6th April, 1996Copy forwarded to Chief Electoral Officers of All States and Union Territories.

(K.P.G. KUTTY)SECRETARY

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No. 437/6/ES0025/94/MCS Date : 21st October, 1994

ORDER

The Commission vide its letter No. 437/6/93-PS-II dated 31st December, 1993 had reiterated thetotal and absolute ban on the use of official vehicles for campaigning, electioneering or election related travel duringelections and had directed that there will be total ban on the use of any vehicles for any purpose connected withthe election by any political party, the candidate or any other person connected with election.2. The Commission vide its letter No. 437/6/94 dated 2nd February, 1994 had invited attention to thecircular letter No. 10/17/89-M&G dated 1st November, 1989 from the Ministry of Home Affairs on the tour ofministers in connection with the election campaign and had observed that those instructions were flouted withimpunity and had therefore issued further instructions without, in any way overriding, modifying or affecting theinstructions of the Ministry of Home Affairs dated 1st November, 1989 referred to above.3. The Supreme Court in its order dated 29th April, 1994 in a writ petition (Civil) No. 312 of 1994(State of Tamil Nadu versus Chief Election Commissioner and others) seeking excemption in the case of ChiefMinister of Tamil Nadu had directed as follows :

“While we are conscious of the effort being made by the Election Commission to ensure cleanlinessof the electoral process and for the protection and ensurement of free and fair polls, wer are afraid,the Election Commission cannot, as it seeks to do here, put out of consideration the securityrequirements of certain political personalities who might, in view of extremist and terrorist activitiesand threats to their lives, require security of a high order. To confine the security to only the PrimeMinister of the country, as the Election Commission has done, and to deny, as the communicationdated 31st March, 1994 seeks to do, to all other may not reflect a proper perception andappreciation of the problem. At all events, the Election Commission will have to take note of thestatutory provisions. However, we should make one aspect clear. Having regard to the responsibilitiesand obligition of the Election Commission to ensuring purity of the electoral process, it is open to theElection Commission, if it has material to doubt that the assessments of the security requirement madeby the Director of the Tamil Nadu Special Security Group under the status are so manifestly andunduly excessive as to amount to promotion indirectly, of partisan electoral interests, to bring such

77

matter to the notice of the State Government for appropriate corrective steps.”

4. The Cabinet Secretariat in its letter No. 10/22/094-ES dated 3/5 May, 1994 had issued instructionsthat under the provisions of the Special Protection Group Act, 1988 protection is provided for proximate securityof the following :—(i) The Prime Minister and the members of his immediate family;(ii) Any former Prime Minister or the members of his immediate family for a period of 5 years from the date onwhich the former Prime Minister cases to hold the office of Prime Minister.

5. In the light of the above order of the Supreme Court the Commission had substituted paragraph 3of its letter No. 437/6/93/PS-II dated 31st December, 1993 vide para 6 of letter of even number dated 8th May,1994 to say that “the Commission has decided that para 3 of its above referred circular letter No. 437/6/93-P-II dated 31st December, 1993 will stand substituted by the following :—

3(A) The only exceptions from the prohibitions mentioned in para 2 above will be the Prime Ministerand other political personalities who might, in view of extremist and terrorist activities and threats totheir lives, require security of a high order and whose security requirements are governed by anystatutory provisions made by Parliament or the State Legislature in this behalf.

3(B) The Commission would like to make it clear that having regard to its responsibilities andobligations to ensuring purity of the electoral process, the Commission, if it has material to doubt thatthe assessments of the security requirements made by the authorities under the above referred specialenactments or any other special instructions of the Government are so manifestly or unduly excessiveas to amount to promotion, indirectly, of partisam electoral insterests, bring such matter to the noticeof the Central Government and/or, as the case may be, the State Government for appropriatecorrective steps.

3(C) For achieving this, the Commission may call for any information from the Central Governmentor the State Government concerned with regard to the assessment of the security requirements madein respect of any such personality. Such information shall be furnished to the Commission by theconcerned Government forthwith.”

6 It was further clarified by the Commission in its letter No. 437/6/94 dated 14th May, 1994 that allState Governments and the Union Territory Administration are requested to adhere strict strictly to the orders ofthe Supreme Court. Further, orders relating to security of the individuals issued under statutory powers or otherpowers must be fully honoured.

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7. The Commission has further directed that when such individuals visit State/Constituency forelectioneering and election related work, the expenditure incurred on security arrangements like barricading/rostrums etc. shall be borne by the concerned political parties.

BY ORDER AND IN THE NAME OFELECTION COMMISSION OF INDIA

(K.P.G. KUTTY)SECRETARY

The Chief Secretaries ofall States & Union Territories.

The Chief Electoral Officers ofall States and Union Territories.

r

79


K.R. PRASADSECRETARY (PLANNING)

No.437/1/98-PLN-III-Vol.-II Dated : 1st May, 1998

ToThe Chief Secretaries and theChief Electoral Officers of1. Andhra Pradesh : Hyderabad2. Assam : Dispur3. Bihar : Patna4. Haryana : Chandigarh5. Himachal Pradesh : Shimla6. Jammu & Kashmir : Srinagar7. Karnataka : Bangalore8. Kerala : Thiruvananthapuram9. Maharashtra : Mumbai10. Orissa : Bhubaneshwar11. Punjab : Chandigarh12. Tripura : Agartala13. Uttar Pradesh : Lucknow

Subject: Bye-elections to the House of the People and State Legislative Assemblies 1998 - Officersnot to be deployed in home districts regarding.

Sir,I am directed to invite your attention to the Commission’s order No.437/6/98-PLN-III

dated 19th December, 1997 whereby it was directed that no officers connected with elections should be allowedto continue in his/her home district. These restrictions will not only cover all officers appointed for specific electionduties like district election officers, R.O.s and A.R.Os but other district level officers like ADMS,

Deputy Collectors and Sub Divisional Magistrates. As far as officers in the police department areconcerned, this order shall be applicable to DIGs, SPs and Sub-Divisional Heads of Police. A detailed reviewwill be conducted for all districts and in case any such officer is found to be posted in the home district, he/shewill be moved out immediately.

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Further a separate review was to be made in respect of officers of the above category to list out thosewho have completed more than 4 (four) years of stay in the same district irrespective of the fact whether they aredeployed in their home district or not. Such officers may also be moved out of their present districts immediately.

The Commission is serious about the implementation of the above said order during the ensuing bye-elections to the Lok Sabha/Legislative Assemblies and directs that no officer should continue in the place wherethey have completed four years of stay irrespective of the fact that they are deployed in their Home district or not

This direction will have to be followed scrupulously in the district (s) where the constituency goingto bye-poll is located.

Yours faithfully,

(K.R. PRASAD)

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No.437/6/98-PLN-II Dated : 15th September, 1998

ToThe Chief Secretaryto the Government of1. Madhya Pradesh, Bhopal,2. Rajasthan, Jaipur,3. Mizoram, Aizawl,4. NCT of Delhi.

Subject: Preparations for election for electing new State Assemblies.

Sir,The tenure of the assembly in the State is expiring in December 1998; and elections have to be held

shortly. As you know, the Commission and the State Electoral Officers are actively focusing on the arrangements,and meetings are being continuously held at Delhi and at your State Headquarters, to finalise all arrangements. TheElection Commission of India, and the entire State election machinery are, therefore, in active election mode.

The Election Commission of India and all political parties, desire a level playing field, in order toensure fair and free elections. The commission is expected very shortly, to announce the detailed schedule forelections. Therefore, the Commission expects, and strongly urges, that the State Governments, at this juncture,with a very short period left for the formal start of the election process, will refrain from taking any major financialand other initiatives, which can be widely perceived as distorting the level playing field for all parties, particularlythe opposition. The Commission is confident, that in the 4 years and nine months of its tenure. the State governmenthas taken all beneficial developmental steps, which it wished to, undertake. Any major announcements of thisnature now, with only a couple of months left at best, are bound to be misconstrued, and not expected of anypolitical party, in lndia’s 5 decade old mature democracy.

The Commission would also advise against the creation of any new administrative units or major‘academic institutions etc. In general the Commission expects that nothing will be done by the incumbent rulingpolitical party, which can be seen as simply largesse for undesirable exertion of influence on voters.

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The Commission further directs that as the Head of the Services in the State, you will take due care andcaution, to ensure, that the entire administrative apparatus in the State, not only remains neutral, but is visibly seento be so, by the general public and all political parties.

Yours faithfully,


Copy to :The Chief Electoral Officer

1. Madhya Pradesh, Bhopal,2. Rajasthan, Jaipur,3. Mizoram, Aizawl,4. NCT of Delhi.

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No. 576/14/96/Vol. II Date 21st Sept., 1996

ToThe Chief Secretaries of1. Uttar Pradesh2. Arunachal Pradesh3. Andhra Pradesh4. Assam5. Bihar6. Goa7. Gujarat8. Haryana


Telex : ND 31 - 611312Fax : 3713412/3739944

Sub : General/Bye-election to the Lok Sabha/Legislative Assembly, 1996 - Prohibition onsale of liquor-reg.

Sir,This is in superession of all the existing instructions on the subject.

2. A new Section 135(C) has been inserted in the Representation of the People Act, 1951 bythe Representation of the People (Amendment) Act, 1996 which provides as follows :

Section 135(C) - (1) No spirituous, fermented or intoxicating liquors or other substances ofa like nature shall be sold, given or distributed at a hotel eating house, tavern, shop or any other place,public or private, within a polling area during the period of forty eight hours ending with the hourfixed for the conclusion of poll for any election in that polling area.

(2) Any person who contravences the provisions of sub-section (1), shall be punishablewith imprisonment for a term which may extend to six months or with fine which may extend to twothousand rupees, or with both.

(3) Where a person is convicted of. an offence under this section, the spirituous, fermented ofintoxicating liquor or other substances of a like nature found in his possession shall be liable to confiscation

9. Himachal Pradesh10. Karnataka11. Kerala12. Madhya Pradesh13. Maharashtra14. Orissa15. Rajasthan16. Tripura

84

and the same shall be disposed of in such manner as may be prescribed3. In view of the statutory provisions as above, ‘dry days’ shall be declared and notified underthe relevant state laws as is appropriate during 48 hours, ending with the hour fixed for conclusion of pollfor any election in that polling area.4. The Commission further directs that in the interest of free, fair and smooth conduct of generalelections, bye-election to Lok Sabha/State Legislative Assemblies, ‘dry days’ shall be declared andnotified under the relevant State Laws in the state for such a period as is appropriate, namely (i) the daybefore the counting of votes (ii) the counting day(s). The States may also notify the day after poll and theday immediately after counting as the ‘dry days’ if considered necessary.5. No liquor shops, hotels, restaurents, clubs and other establishments selling/serving liquor, shallbe permitted to sell/serve liquor to any one whosoever, on the aforesaid days.6. Non-proprietory clubs, Star Hotels, restaurants etc. and Hotels run by anyone even if they areissued different categories of licences for possession and supply of liquor, should also not be permitted toserve liquor on these days.7. The storage of liquor by individuals shall be curtailed during the above period and therestrictions provided in the Excise-law on the storage of liquor in unlicensed permits shall be vigorouslyenforced.8. Steps shall also be taken to prohibit sale of liquor in adjoining areas of tne concernedconstituency(ies) so that there are no chances of clandestine movement of liquor from those areas has therestriction not been in operation.9. The Commission directs that, the State Governments shall strictly implement the abovemeasures. They are required to issue detailed and comprehensive instructions to all concerned authoritiesto take appropriate, legally effective, measures to implement the above prohibitions and assist the electionauthorities in the peaceful and smooth conduct of free and fair poll. A copy of the instructions issued inthis behalf should be endorsed to the Commission.10. The receipt of this letter shall be acknowledged forthwith.

Your faithfully,

(ARCHNA ARORA)SECRETARY

No. 576/14/96-P.S.-I Dated the 20th September, 19961. Copy to the Chief Electoral Officers of all States and Union Territories mentioned above.2. Copy to all Zonal Sections. The acknowledgements and the directions issued by the State

Governments will be kept by the Sections. They will further follow up the matter wherevernecessary.

85




ToThe Chief Secretaries andThe Chief Electoral Officers ofall States and Union Territories

Subject : Police Personnel connected with election related duties – exercise ofsupervisory/disciplinary control.

Sir/Madam,The Commission vide its order No.434/I /ES026/94 dated 24th October, 1994 had directed that

regardless of the nature of election (whether a General Election or a Bye-Election) the State GovemmentlUnionTerritory Administration shall invariably designate:

(i) The Director General of Police/Additional Director General of Police/Inspector General of Police;(ii) In a General Election all the police officers below the level of Director General of Police borne on the

strength of the State Government; and(iii) In the case of a bye-election, the Additional Director General/DIG/Commissioner of Police under

whose jurisdiction the constituency falls and all police officers below them in the Districts/Constituenciesconcerned as designated officers for the purpose of Section 28A of the Representation of the PeopleAct, 1951.

2. The Commission has also directed that where any State Government/Union TerritoryAdministration fails to designate any individual police officer or class of police officers of any rank as directed inabove mentioned order under Section 28A of the Representation of the People Act., 1951, the Commission willinsist and ensure that such police officers will not be allowed to deal with any election related work in any manner

86

whatsoever.

3. The Commission has, therefore, directed that immediately on the announcement of elections, the stateGovernment/Union Territory Administration shall strictly comply with the standing order of the Commission dated24.10.1994 and designate Additional/DGP/IGP/Commissioner of Police under whose jurisdiction the Constituencyfalls and all police officers below them in the District/Constituencies concerned as designated officers for thepurpose of Section 28A of the Representation of People Act. 1951. The Commission has further directed thatsuch designations of officers should be done on the same day the Governor/Commission issues the notificationunder Section 15/149/150 of the Representation of the People Act. 1951 and the compliance report in this regardshall reach the Commission not later than the 1700 hours on the date of such notification calling the GeneralElection to Lok Sabha/Legislative Assembly/Bye-elections etc. in the State.

4. The receipt of this letter may please be acknowledge.

Yours faithfully,


87




To1. The Chief Secretaries of

all States and Union Territories2. The Chief Electoral Officers of

all States and Union Territories

Subject : General Election/Bye-Elections to Lok Sabha and State LegislativeAssemblies-Instructions on misuse of vehicles during election period-Regarding.

Sir/Madam,Consequent on dissolution of Lok Sabha, Commission has announced the programme for General

Election to Lok Sabha 1998 and Legislative Assemblies of Meghalaya, Nagaland, Tripura, Himachal Pradesh &Gujarat and Bye-Elections to some Legislative Assemblies.

Accordingly, the Commission reiterates its existing instructions on misuse of vehicles during electionperiod. A copy of the instruction No.437/6/97/-PLN -III issued on 18th March, 1997 is enclosed for readyreference.

The Commission directs that its instructions are brought to the notice of all concerned for strictcompliance.


(K.R. PRASAD)

88


No. 437/6/97-PLN-III Date : 18th March, 1997

ToThe Chief Electoral Officers ofAll States and Union Territories

Subject : General Election/Bye-elections to Lok Sabha and State Legislative Assemblies -Instructions on misuse of vehicles during election period - Regarding.

Sir,The Commission has been issuing instructions on the subject of restrictions to be followed and

observed on the misuse of vehicles during the election period. In the interest of preserving the purity of electionprocess and rendering the same reflective of true choice of the people, the Commission has now directed thatthe following instructions shal1 be strictly followed at all the General and Bye-elections to the Lok Sabha andAssembly constituencies. These instructions are issued under article 324 of the Constitution and all other powersenabling the Commission in this behalf.

1. Cars / vehicles being used for electioneering purposes, shall, under no circumstances, be allowedto move in convoys of more than three vehicles from the date of notification till the completion of election processin any constituency. All bigger convoys shall be broken up, even if they are carrying any minister of Central orState Govt. This shall, however, be subject to any security instructions issued in respect of any suchindividual. In other words the convoy shall not in any case exceed three vehicle of any person plus the securityvehicles allowed in view of the security gradation of that particular person.2. From the date of notifcation of the election till the completion of election process in any constituency,the district administration shall keep a close watch on the vehicles used by the contesting candidates, personsaccompanying the contesting candidates and other party leaders and ensure that the Commission’s instructions arenot abused.3. If any person moves in a convoy of vehicles exceeding the limits prescribed above, inspite of theconvoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are notallowed to be used by flouting the Commission’s directions till the process of election is completed.

89

4. The contesting candidates be asked to get the details of all the vehicles that they are using in theelection campaign lodged with the District Election Officer or such other officer(s) as may be specificallyauthorised by the District Election Officer in this behalf before the campaigning commences. Any furtherdeployment of any additional vehicles can take place only after notice to this effect is given by the candidates orhis agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that arebeing deployed for election campaign the details of the areas (tehsil(s) in which the vehicle would operate, shouldalso be conveyed.5. The details so obtained should be conveyed by District Election Officer to the Election ExpenditureObservers.6. The vehicles employed for election campaign as per intimation given by the candidates or their electionagents to the District Administration should not be requisitioned by the administration.7. Any vehicle that has not been registered for campaigning with the district administration if found beingused for campaigning, shall be deemed to be unauthorised campaigning for the candidate and may attract penalprovisions of Chapter IX A of the Indian Penal Code and shall therefore be immediately taken out of thecampaigning exercise.

The receipt of this letter may please be acknowledged.

Yours faithfully,


90



No. 464/L&O/98/PLN-I 12th January, 1998

To1. The Chief Secretaries/Chief Administrators

Of all States / Union Territories

2. The Chief Electoral Officersof all States / Union Territories

Subject : General I Bye-Elections, 1998- Restrictions on possession of arms during elections.

Sir,I am directed by the Commission to draw your attention to the instructions as contained in the

Commission’s Order No. 464/96-L&O/PLN-l, dated 13-03-1996 reproduced in the Hand Book of Compendiumof Instructions, 1998 edition at Item No. 91 (pages 212-213) (copy enclosed for ready reference) and to saythat the instructions given therein shall be strictly implemented starting on 15th January, 1998. This may kindly bebrought to the notice of all DEOs/R.Os and State Police authorities for compliance.

Kindly acknowledge receipt and report compliance.Yours faithtully,


Encl.: No. 464/96-L&O/PLN-I,dt. 13.03.1996

91

ITEM NO. 91Election Commission’s Order No. 464/96-L&O/PLN-1, Dated : 13 March, 1996.

Subject : General Election/Bye-election — restrictions on possession of arms during elections.

ORDERIn exercise of the powers conferred on the Commission under Article 324 of the Constitution

of India and all other powers enabling it in this behalf and in supersession of all other instructions, theCommission hereby orders that the following instructions shall be observed during all future elections:

1. Issue of licence for arms win be totally prohibited during the period commencing with thedate of announcement of elections. This ban will continue to be operative till the completion of the electionas notified.

2. The police should be directed to be vigilant and asked to start mopping up operations of theareas infested with known goonda and other bad elements right from the date of announcement ofelections. During such mopping up operations special attention should be paid to unearth and seizeunlicensed arms and ammunition. A very thorough search and seizure by the State Police of unlicensedarms and places of indigenous manufacture of arms and ammunition shall be carried out and personsinvolved shall be arrested. While unearthing and seizure of unlicensed weapons is a normal ongoingresponsibility of the police, it shall be vigorously intensified during the election period. Inter-State andintraState movements of trucks and commercial vehicles shall be strictly checked with a view to preventingsmugglings of arms and ammunition and anti-social elements. Raids should be carried out regularly andintensively on underground arms factories.

3. Immediately after the announcement of elections, District Magistrates shall make a detailedand individual review and assessment (in accordance with the prevalent State laws) of all licence holdersso that licensed arms in those cases where they consider it essential are impounded in order to ensuremaintenance of law and order so essential for ensuring free and fair elections. These arms should bedeposited with the disrict authorities. Among cases which may need to be reviewed are the following:

1. persons released on bail,2. persons having a history of crininal offences, and3. persons previously involved in rioting at any time but especially during the election

period. (The above categories are only illustrative and not exhaustive)4. After such review, all such licence-holders who are identified, shall be directed to deposit

their arms with the District Administration during the period of one week from the last date for withdrawalof candidatures.

92

5. The District Administration shall make fool-proof arrangements for keeping the depositedfire arms in safe custody. Proper receipt must be given to the licence holders depositing the fire arms. Itshall be the bounden duty of the District Administration to ensure that all fire arms deposited with theAdministration are returned to the licence holders immediately after one week after the declaration ofresults.

6. Prohibitory orders under section 144 of the Criminal Procedure Code, 1973, shall be issuedbanning the carrying of licensed arms as soon as an election is announced and should be effective till thedeclaration of results.

7. This ban shall, not be applicable to those Communities who are entitled to display weaponsby long standing law, custom and usage. This shall, however, not prevent the District Administration toimpound weapons of any such persons of even such communities if they are found to be indulging inviolence or posing a threat to the maintenance of law and order and peaceflil conduct of elections. In thesecases also the fire arms shall remain impounded till one week after the declaration of results.

8. Strict vigil shall be maintained by thorough checking of lorries, light vehicles and all othervehicles from three days before the date of poll to ensure that no undesirable elements or arms andammunition are being transported into the constituency from outside and to apprehend them if they aredoing so. Such checking of vehicles shall continue till the completion of the counting of votes and thedeclaration of results. As and when such culprits are apprehended, the arms and ammunition and vehiclesconcerned shall be confiscated.

9. A copy of this order in English/Hindi and in the local official language(s) shall be madeavailable to the local units of all recognised National/State political parties, in each district immediatelyand to each candidate or the agent authorised by him at the time of his nomination (repeat nominations andnot scrutiny of nominations) under acknowledgement.

10 The receipt of this order shall be acknowledged immediately.

By order and in the name ofthe Election Commission of India

To1. The Chief Secretaries of all States & Union Territories2. The Chief Electoral Officers of all States & Union Territories

93


C.R. BRAHMAMSECRETARY (PLANNING)No. 464/L&O/98-PLN-I Date : January 15, 1998

ToThe Chief Secretaries/Chief Administratorsof All States and Union Territories

Subject : General Elections to Lok Sabha & certain State Assemblies, 1998-Daily Reports of Law& Order

Sir,I am directed by the Commission to forward herewith a copy each of the two Proformae regarding

Daily Report of Law & Order for States / UTs and to state that the Chief Secretary / Chief Administrator, as thecase may be, may kindly arrange for compilation of a daily law and order reports for each district in the formatprescribed in proforma (LOR-FORM-1). The SSP/SP should give copies to the DM I DC and to the CEOin addition to sending it up in the police hierarchy. The district/range authorities shall not send the report inProforma (LOR-FORM-1) direct to the Commission.

The Home Departrnent should prepare a consolidated report for the entire State/UT in the formatat Proforma (LOR-FORM-2) and send this in the name cover of the Zonal Secretary in the Commission throughthe CEO. The CEO can send it through the Camp Bag facility so that this can reach the Commission at the earliest.

The State Home Secretary may be advised to personally supervise the flow of daily law and orderreports from the districts/range and to ensure that the consolidated report in Proforma (LOR-FORM-2) isregularly prepared and reaches the CEO by a fixed time every day.

The first report shall be sent showing the position as on 16th January, 1998 and shall continue till thecompletion of the elections in the State/Union Territory concerned.

Kindly acknowledge receipt.Yours faithfully,


Copy to :The Chief Electoral Officers ofAll States/UTsZonal Secretaries : For follow-up action.

94

ELECTION COMMISSION OF INDIAGENERAL ELECTION, 1998

DAILY LAW & ORDER REPORT FOR DISTRICTS

DISTRICT : NAME OF THE STATE/UT :

1 Range / District :

2 NO. OF UNLICENSED ARMS/EXPLOSIVE SEIZED

a) Arms/Weapons

b) Cartridges

3 No. of illicit arms manufacturing centres raided and Siezures made

4 Licensed Arms deposited/impounded & Cancelled

5 No. of persons bound down U/S. 107/116 Cr. Pc., etc.

6 EXECUTION OF NON-BAILABLE WARRANTS

(a) Pending

(b) Executed

7 Brief of the incidents including date & place

95

8 Police action taken (Reference to Column)

9 Political/Communal Affiliation of the groups involved (ref : column 7)

10 Persons killed and injurned in police action (Ref:col.7)(a) Killed(b) Injured

11 Persons killed and injurned in police action

(a) Killed(b) Injured

12 Cognizable cases relating to Elections

13 No. of persons arrested (Ref. Col. 7)14 Damage to Election Properity15 Polling Persons killed/injured in pre-poll/poll Violence


96


DAILY LAW & ORDER REPORT FOR STATES/UTs



a) Arms/Weapons

b) Cartridges





(a) Pending

(b) Executed


NAME OF THE STATE/UT :

97









98



No. 464/L&O/98/PLN-I Dated : 16thJanuary, 1998

ToThe Chief Secretaries / Chief Administratorsof All States and Union Territories, Except Bihar.

The Chief Electoral Officers ofAll States and Union Territories, Except Bihar.

Subject : General Elections to Lok Sabha & certain State Assemblies 1998-Deployment of HomeGuards and other security arrangements-regarding.

Sir,I am directed to state that the Commission has received a number of requests from the State

Govemments seeking permission for deployment of Home Guards for the conduct of elections. After taking intoconsideration various factors, the Commission has agreed to the deployment of Home Guards in all States andall Union Territories, excepting Bihar, subject to the following conditions:

(i) The Chief Secretary of the State will personally ensure that only those Home Guards who have beenrecruited as per the prescribed rules and regulations before 1 December, 1997 are deployed for dutyin connection with elections.

(ii) It must also be ensured that the recruitment has been done under established rules and properprocedure and by duly constituted committees manned by Police or Government officers ofappropriate levels.

(iii) It must further be ensured that no political persons have been involved in the process of selection/recruitment.

(iv) It must be ensured that the Home Guards deployed for duty during the elections must be non-partisanand should not have any political leanings.

99

3. It is further directed that the Home Guards must be put under the command of senior PoliceOfficers at the time of deployment.

4. The Commission has observed that there is a tendency amongst some State Governments tokeep the Central Forces as a Striking Force only, and they are not actually physically deployed. This defeats thevery purpose of augmenting local forces with the Central Para Military Forces. It is, therefore, directed that itshould be ensured that the Central Forces are actually physically deployed. It must further be ensured that whiledeploying, there is an appropriate mix of the State Forces and the Central Forces. Any effort on the part of theState Government to circumvent the directions of the Commission will be viewed seriously. Particular attentionshould be paid to deploying Central Forces in the constituencies and polling stations identified as ‘‘sensitive.’’

5. The arrangments for the security of contesting candidates, acoording to the perception of threatto their lives should also be made and the contesting candidates provided with security after an assessment ofthe threat. It is vital to note and follow that security should not be provided in a routine manner but only after takingall factors into consideration.

6. The Observers appointed by the Commission should also be provided with adequate security.

7. The State Government must also enure that adequate and fool-proof security arrangments aremade, both inside and around the counting centres as well, to prevent any incident that is likely to vitiate thecounting process. For this purpose, it should be ensured that as far as practicable, Central Forces should bepresent at all the counting centres, while making arrangements for security around the counting centres, thereshould be an outer security ring and an inner security ring in each of the counting centres. Special care must betaken to ensure that crowds are not allowed to collect and are kept at a reasonable distance from the countingcentres.

8. In so far as Bihar State is concerned, the question of deployment of Home Guards for election relatedduties is being considered separately and a decision in this regard will be intimated in due course.

Yours faithfully,

Copy to : The Home Secretary,Govt. Cf India, (C. R. BRAHMAM)Ministry of Home Affairs, SECRETARYNew Delhi.

100



No. : 464/L&O/98/PLN-I Dated : 23rdJanuary, 1998

To1. The Chief Secretaries / Chief Administrators

Of All States & UTs.


Subject : General Elections, 1998- Deployment of ex-army, CPMF and Police personnel- regarding.

Sir,In continuation of the Commission's letter of even number dated 16-01-1998 regarding deployment

of Home Guards, I am directed to say that the Commission has received requests for the deployment Ex-servicemen Ex-Central Para Military Personnel and retired police men for deployment during elections.

After careful consideration, the Commission has agreed to permit the utilisation of the services of ex-service men, retired police men including retired members of Central Para Military Personnel subject to thecondition that the services of only those persons shall be utilised, who have retired during the last 5 years. Furtherit is stipulated that the persons to be so deployed should be able bodied and shall not be deployed in their nativetehsils / blocks or talukas.

Yours faitliftilly,


101



No. : 464/L&O//98/PLN-I Dated : 1st February, 1998

ToThe Chief Secretaries / Chief AdministratorsOf All States & Union Territories.

Copy to: The Chief Electoral Officers ofall States and Union Territories.

Subject : General Elections to Lok Sabha & certain State Assemblies, 1998-Deployment ofadditional manpower and other security arrangements-regarding.

Sir,The Commission has vide its letter No. 464/L&O/98/PLN-l dated 23-1-1998 has agreed to permit

the utilisation of the services of ex-service men, retired police men including retired members of Central ParaMilitary Personnel subject to the condition that the services of only those persons shall be utilised, who have retiredduring the last 5 years. The Commission has also allowed the use of forest guards. gram rakhis, border homeguards, etc.. in addition to home guards appointed before 1-12-1997.

Iam sure that the exercise to augment the manpower in light of the above directions has already beencompleted. The Commission desires that a report be sent in the next two days regarding additional numbers thatare now available to the State Government for purpose of deployment for election as a consequence of thedirection of the Commission referred to above. The overall force deployment planned by the State Governmentafter taking into account the above may be indicated in a detailed and comprehensive note. This may be treatedas most urgent.

Yours faithfully,


102

No. 12/6/98-JCAGovernment of India

Ministry of Personnel P.G. & Pensions Department ofPersonnel & Training

Dated : The 4th February, 1998

OFFICE MEMORANDUM

Subject : Closure of Central Government Offices in Delhi / New Delhi in connection with the LokSabha Elections, 1998.

All Central Government Offices including Industrial Establishment, located at Delhi /New Delhi, shall remain closed on Monday, the 16th February, 1998 in connection with General Elections to theLok Sabha.

2. All Ministries Departments may bring these instructions to the notice of all Concerned.

(MRS. BHAVANI THYAGARAJAN)DIRECTOR

1. All Ministries/Departments of Government of India.

2. UPSC/CVC/C&AG/Supreme Court/High Court/Lok Sabha/Rajya Sabha Sectt./President's Secretariate/Vice President's Sectt./PM’s Office/Central Administrative Tribunals/National Commission for SCs, STs,Commissioner of Linguistic Minorties.

3. All attached/Subordinate offices of Ministry of Personnel, Public Grievances & Pensions/MHA.

4. All Sections/Officers in DOP&T/MHA.

5. PS to M.O.S. (PP)

6. P.P.S. to Cabinet Secretary.

7. P.M.O.

103

No. 12/6/98-JCAGovernment of India

Ministry of Personnel P.G. & Pensions Department ofPersonnel & Training,

New DelhiDated : The 4th February, 1998

Subject : General Election to Lok Sabha and Some o the State Asemblies during February-March1998.

The undersigned is directed to say that the General Elections to Lok Sabha and some of the StateAssemblies are being held during February-March, 1998. Closure of Central Government offices is to beregulated by the standing guidelines issued vide O.M. No. 12/4/86-JCA dated 9.3.1987. A copy of the guidelinesis enclosed for ready reference. These instructions are applicable in respect of Central Government IndustrialEstablishments also.

2. Ministries / Departments may please bring these instructions to the notice of all concerned.

Hindi version follows.

(MRS. B. THYAGARAJAN)DIRECTOR

1. All Ministries/Departments of Government of India.

2. UPSC/CVC/C&AG/Supreme Court/High Court/Lok Sabha/Rajya Sabha Sectt./President's Secretariate/Vice President's Sectt./PM’s Office/Central Administrative Tribunals/National Commission for SCs, ST,Commissioner of Linguistic Minorties.

3. All attached/Subordinate offices of Ministry of Personnel, Public Grievances & Pensions/MHA.

4. Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi (10 spare copies).

5. Chairman / Secretaries, Central Govt. Employees Welfare Coordination Committee.

6. All Staff Side Members of the National Council (JCM).

7. All Staff Members of the Departmental Council (JCM).

104

Annexure

Guildelines for closure of Central Govt. Offices in connection with elections to Parliament / StateAssemblies / local elections.

Circulated vide OM No : 12/4/86-JCA

Dated : 9th March, 1987

I. General Elections to Lok Sabha/ : 1. Facilities / Privileges to Central GovernmentState Assemblies Employees;

(a) Holiday / Closure of Offices :

In connection with general Election to Lok Sabha ora State Assembly a local holiday is usually declaredby the State Government on the date(s) of polling, ifheld on day(s) other than sunday or other closedholiday. When such a holiday is declared, the CentralGovernment offices located in such places shouldalso be closed on the polling day(s) in accordancewith the practice adopted by the State Government.

(b) Grant of Special Casual Leave :-

Every eligible voter is entitled to be registered in theelectoral roll of a constituency in which he ordinarilyresides. In some cases, it may happen that the CentralGovernment employee residing, and enrolled as avoter, in a particular place / constituency, say Delhi.(where the election is to be held), may be employedin any office located at some other place, say,Faridabad / Ghaziabad etc. In such cases, theindividual Central Government employee may begranted special casual leave, if his office does nothappen to be closed on that particular day, to enablehim to exercise his franchise.

II. Bye-Elections Lok Sabha : 11 (a) Holiday / Closure of offices :-

State Government normally declares a local holiday in that

105

particular area / constituency on the polling day (s) if theelection is held on day(s) other than sunday/ closedholidays. Central Government offices may also follow theState practice in such cases.


Premissible on the same grounds / circumstances as in thecase of general elections. (of 1 (b) above.)

(II) State Assemblies (a) Holiday / Closure of offices :-In bye-elections to State Assemblies. CentralGovernment offices should not be closed. It wouldbe sufficient if only those Central Governmentemployees who may be placed on election duty arepermitted to absent themselves from office on thepolling day(s). All other employees should be givenfacility to exercise their franchise either by way ofcoming late to office or by being allowed to leaveoffice early or a short absence on that day, subject tothe exigencies of the service.


Permissible on the ground / circumstances as in the case ofgeneral elections (of 1(b) above).

III. Panchayat/Corporation III. The Central Government offices shall not be closed.Municipalities or The Government employees who are bonafide votersother local bodies and desire to exercise their franchise should however,

be offered reasonable facility, subject to the normalexigencies of service, either by way of coming lateto office or by being allowed to leave office early ora short absence on that day.

Note :Heads of Central Government offices located in places outside Delhi may also, permit the staff detailedon election duty to remain away from their normal duties on polling day(s) as also on the day(s) requiredfor performing journeys which might be undertaken in order to perform such election duty.

106



No. 100/bye/L&O/98/ Dated : 19th May, 1998

ToThe Chief Electoral Officer,

Dear CEO,This letter is in connection with the bye-elections to the State Assembly that is underway in your

State. The Commission has decided that every polling booth in the Constituencies going to poll must be mannedwith the necessary complement of police personnel. Also, note that for bye- elections, the standard practice isnot to deploy Central Para Military Forces. Therefore, the police personnel to be deployed on static duty outsidethe polling booths shall necessarily be from the State police and the State Armed Police. You are requested toget in touch with your Home Secretary and the Director General of Police to ensure that, under no circumstances,any polling booth is left unmanned by police personnel on poll day. Also, alert the concerned Returning Officers,District Election Officers and the Observers regarding this direction of the Commission so that its implementationis ensured on ground in its entirety.

Yours faithfully,


107



No. 464/GE-LA/98/L&O/PLN-I Dated : 28th September, 1998

ToI. The Chief Secretaries to the Govts. of

1. Madhya Pradesh, 2. Rajasthan, 3. Mizoram and4. NCT of Delhi.

II. The Chief Electoral Officers.1. Madhya Pradesh, 2. Rajasthan, 3. Mizoram and4. NCT of Delhi.

Subject : General Election to State Legislative Assemblies, 1998 _ Issue of new ArmsLicenses and restrictions on possession of arms during elections.

Sir,The Commission has announced the election schedule for the General Elections to the State Legislative

Assemblies on 26th September, 1998. I am directed by the Commission to draw your attention to the Commission'sOrder No.464/96- L&O/PLN-1, Dated : 13 March, 1996 - reproduced at ITEM NO.91 - pages 212-213 inCompendium of Instructions on Conduct of Elections, 1998 edition - and to state that the instructions relating to issueof new arms Licenses and restrictions on possession of arms during elections as contained shall be strictlyimplemented with immediate effect till the completion of the election.

For ready reference, a copy of the said Order is forwarded herewith

Kindly acknowledge receipt.Yours faithfully.

(C. R. BRAHMAM)

108

COPY

ITEM NO.91

(At pages 212-213 in Compendium of Instructions on Conduct of Elections, 1998 edition)

Election Commission's Order No. 464/96-L&O/PLN-1, Dated:13 March, 1996.

Subject : General Election/Bye-elections - restrictions on possession of arms during elections.

ORDER

In exercise of the powers conferred on the Commission under Article 324 of the Constitution ofIndia and all other powers enabling it in this behalf and in suppression of all other instructions, theCommission hereby orders that the following instructions shall be observed during all future elections:

1. Issue of license for arms will be totally prohibited during the period commencing withthe date of announcement of elections. This ban will continue to be operative till the completion of theelection as notified.

2. The police should be directed to be vigilant and asked to start mopping up operations ofthe areas infested with known goonda and other bad elements right from the date of announcement ofelections. During such mopping up operations special attention should be paid to unearth and seizeunlicensed arms and ammunition. A very thorough search and seizure by the State Police of unlicensedarms and places of indigenous manufacture of arms and ammunition shall be carried out and personsinvolved shall be.arrested. While unearthing and seizure of unlicensed weapons is a normal ongoingresponsibility of the police, it shall be vigorously intensified during the election period. Inter-State andintra-State movements of trucks and commercial vehicles shall be strictly checked with a view topreventing smuggling of arms and ammunition and anti-social elements. Raids should be carried outregularly and intensively on underground arms factories.

3. Immediately after the announcement of elections, District Magistrates shall make adetailed and individual review and assessment (in accordance with the prevalent State laws) of all license

109

holders so that licensed arms in those cases where they consider it essential are impounded in order toensure maintenance of law and order so essential for ensuring free and fair elections. These arms shouldbe deposited with the district authorities. Among cases which may need to be reviewed are the following;

1. persons released on bail,2. persons having a history of criminal offences, and3. persons previously involved in rioting at any time but especially during the election

period.

(The above categories are only illustrative and not exhaustive)

4. After such review, all such license-holders who are identified, shall be directed to deposittheir arms with the District Administration during the period of one week from the last date for withdrawalof candidatures.

5. The District Administration shall make fool-proof arrangements for keeping the depositedfire arms in safe custody. Proper receipt must be given to the license holders depositing the fire arms. Itshall be the bounden duty of the District Administration to ensure that all fire arms deposited with theAdministration are returned to the license holders immediately after one week after the declaration ofresults.

6. Prohibitory orders under section 144 of the Criminal Procedure Code, 1973, shall beissued banning the carrying of licensed arms as soon as an election is announced and should be effectivetill the declaration of results.

7. This ban shall, not be applicable to those communities who are entitled to displayweapons by long standing law, custom and usage. This shall, however, not prevent the District Administrationto impound weapons of any such persons of even such communities if they are found to be indulging inviolence or posing a threat to the maintenance of law and order and peaceful conduct of elections. In thesecases also the fire arms shall remain impounded till one week after the declaration of results.

8. Strict vigil shall be maintained by thorough checking of lorries, light vehicles and allother vehicles from three days before the date of poll to ensure that no undesirable elements or arms andammunition are being transported into the constituency from outside and to apprehend them if they aredoing so. Such checking of vehicles shall continue till the completion of the counting of votes and the

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declaration of results. As and when such culprits are apprehended, the arms and ammunition and vehiclesconcerned shall be confiscated.

9. A copy of this order in English/Hindi and in the local official language(s) shall be madeavailable to the local units of all recognised National/State political parties, in each district immediatelyand to each candidate or the agent authorised by him at the time of his nomination (repeat nominations andnot scrutiny of nominations) under acknowledgement.

The receipt of this order shall be acknowledged immediately.

Sd/-By order and in the name of

the Election Commission of India

To1. The Chief Secretaries of all States & Union Territories2. The Chief Electoral Officers of all States & Union Territories

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No. 464/GE-LA/L&O/98/PLN-I Dated : 30th September, 1998

ToI. The Chief Secretaries to the Govts. of

1. Madhya Pradesh, 2. Rajasthan, 3. Mizoram and4. NCT of Delhi.

Subject : General Election to State Legislative Assemblies, 1998 _ Daily Reports of Law& Order.

Sir,Iam directed by the Commission to forward herewith a copy each of the two Proformae regarding

Daily Report of Law & Order and to state that the Chief Secretary of the State may kindly arrange for compilationof a daily law and order reports for each district in the format prescribed in proforma (LOR-FORM 1). The SSP/SP should give copies to the DM I DC and to the CEO in addition to sending it up in the police hierarchy. Thedistrict/range authorities shall not send the report in Proforma (LOR-FORM-1) direct to the Commission.

The Home Department should prepare a consolidated report for the entire State in the format atProforma (LOR-FORM-2) and send this in the name cover of the following Zonal Secretaries in the Commissionthrough the CEO The CEO can send it through the Speed Post/Camp Bag facility so that this can reach theCommission at the earliest.,

Zonal Secretaries in the Commission:Dr. Anup K. Pujari, lAS - For RajasthanPrincipal Secretary

Shri L.H. Faruqi, - For Madhya Pradesh

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Secretary

Shri K. R. Prasad - For Mizoram & NCT of DelhiSecretary

The State Home Secretary may be advised to personally supervise the flow of daily law and orderreports from the districts/range and to ensure that the consolidated report in Proforma (LOR-FORM-2) isregularly prepared and reaches the CEO by a fixed time (1700 hours) every day.

The first report shall be sent showing the position as on Ist October, 1998 and shall continue till thecompletion of the elections in the State.

Kindly acknowledge receipt.

Yours faithfully,


Copy to:The Chief Electoral Officers

1. Madhya Pradesh, 2. Rajasthan, 3. Mizoram,4. NCTof Delhi.

Zonal Secretaries : For follow-up action to obtain the daily reports and for their submission to theCommission

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DAILY LAW & ORDER REPORT FOR DISTRICTS

DISTRICT : NAME OF THE STATE/UT :



a) Arms/Weapons

b) Cartridges





(a) Pending

(b) Executed


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115


DAILY LAW & ORDER REPORT FOR STATES/UTs



a) Arms/Weapons

b) Cartridges





(a) Pending

(b) Executed


NAME OF THE STATE/UT :

116









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ELECTION COMMISSION OF INDIANIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001.

No. 447/98/PLN-IV DATED : 4-2-1998

ToThe Chief Electoral Officersof all States and Union Territories.

Subject: Lok Sabha Elections-Monitoring in hotly contested constituencies-Reg.

Sir.

As you are no doubt aware, certain special features are emerging in the current Lok Sabha Electionsregarding the nature of candidates as well as type of campaign that may take place in certain constituencies in thecountry.

In certain constituencies due to participation of important leaders of various political parties, thecampaign may get heated and there may be attempts to grossly violate the provisions of the Model Code ofConduct Similarly, in some other constituencies, some of the candidates have a criminal background, though theydo not attract the provisions of Section 8 of the Representation of the People Act, 1951, due to want of conviction,and the contest may be marred with some amount of violence. In still some other constituencies, some of the activecampaigners for a particular candidate may be having a significant criminal record and may at the same time beholding political office. You would be having the necessary’ information in this regard.

One of the mechanisms by which the Commission tones down the phenomena of breach of model

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code of conduct and curbs attempts at criminal intimidation in electioneering is through videography. Videographyteams are available at the district level and are under the control of the Returning Officers. You should see thatthese teams are used effectively in a focussed manner as there is cost involved in this exercise. However, apartfrom the videography teams available at the district level, the Commission has decided that the Chief ElectoralOfficers of major States shall have such additional video teams at their disposal, as may be considered appropriateby them, and deploy them with adequate security to cover, on an exclusive basis, the election campaign andactivities of candidates and other prominent persons having a criminal track record. If necessary, the video teamsmentioned above may be constituted by the Chief Electoral Officers from outside the State. They can also berotated within the State to provide the maximum impact and effectiveness.

Yours faithfully,

(C.R. BRAHMAM)Secretary

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C.R.BRAHMAMSecretary (Planning-I)

No. 447/98/PLN-IV Dated: 14th February, 1998.

To

The Chief Electoral officer,Uttar Pradesh, Lucknow.

Subject: Election - Videography of queues outside the polling booths.

Sir,

I am directed to refer to your letter No. 3237/CEO-2, dated 13-02-1998 on the subject citedand to state that in view of the reasons stated therein, the Commission has no objection to videograph thepersons in queue on the date of poll outside polling stations, if the DEO/RO is satisfied that suchVideography help in conduct of free and fair election.

Yours faithfully,


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No. 447/99/PLN-IV Date : 1 April, 1999

ToThe Chief Electroal Officers ofAll States and Union Territories

Subject : Videography to record critical events

Sir,I am directed to invite your attention to the Commission’s letter No. 447/96/PLN-IV dated 15th

February 1996 on the subject cited.The Commission has received requests from the chief Electoral Officers regarding guidelines

to erase the video cassettes and to reuse them in future elections. The Commission has approved theproposal. In this connection attention is invited to the instructions contained in para 10 to 12 of ChapterXVIII of the Hand Book for Returning Officers (1998 reprint) which prescribes the manner for weedingout of the record of elections. It is requested that necessary action in the matter may be taken accordingly.However, cassettes in respect of the elections for which election petitions are pending will be retained tillsuch time as these are disposed of.

The receipt of the letter may please be acknowledged.

Yours faithfully,

(SHARAN PAL SINGH)SECRETARY

Copy to Zonal Sections

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K.R. PRASADSECRETARY

No. 464/Inst/98/PLN-I Date : 2nd November, 1998


Subject : Scheme to Streamline the postal ballot system for voters on election duty, etc.

Sir,I am directed to say that the Commission has devised a Scheme to Streamline the postal ballot system

for voters on election duty etc., so that they are able to exercise their franchise more smoothly and effectively. Acopy of that Scheme is enclosed :

2. The Commission directs that the Scheme should be implemented at the current general elections andvarious bye elections for which the poll is scheduled to be taken on 25th November, 1998. Therefore,the scheme should be immediately circulated to all DEOs, ROs and all other election authoritiesconcerned in the matter for implememation and strict compliance.

3. The salient featnres of the Scheme are as follows :—(a) The design of all postal ballot papers for all categories of persons entitled to vote by post, viz.

service voters, special voters, voters on election duty and persons under preventive detention,shall hereafter be Common. In other words, the form of postal ballot papers for all categoriesshall be the same as was previously used for the service voters.

(b) The Commission has no objection for the printing of the postal ballot papers in private printingpresses, if arrangements for expeditious printing of these postal ballot papers is not possiblein the Government presses. However, It must be ensured that fool proof security arrangementare made at such private presses and these ballot papers are printed under strict watch of aresponsible officer, preferably, an Assistant Returning Officer.

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(c) The DEO/RO/CEO should make every effort to issue the postal ballot paper (along with therelevant accompanying forms and envelopes in Forms 13A, 13B, 13C and 13D), to everyelector on election duty who makes an application in Form 12 for the purpose, as expeditiouslyas possible after receipt of that application. However, as the marked copy of the electoral rollhas to be prepared by the RO, quite in advance of the date of poll, for supply to the PresidingOfficers of all polling stations, the supply of postal ballot papers should be completed in allcases, at least three days before the date of poll.

(d) To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box withsecure locks in his office, so that persons on election duty and other who have received PostalBallot Papers may come and drop in that box their marked ballot papers in the sealed covers(provided to each elector along with the Postal Ballot Paper).

(e) Every day, a designated officer should take out the contents of the box, make necessary entriesin the Register maintained for the purpose, keep the Register and the sealed covers of PostalBallot Papers under proper lock and key.

4. The receipt of this letter shall be acknowledged.

Yours faithfully,



123

SCHEME FOR POSTAL BALLOT PAPERS FOR VOTERS ON ELECTION DUTY

Subject : Persons on Polling Duty - Facility to Vote by post - Improvements.

Under the provisions of Rule 18 of the Conduct of Elections Rules, 1961: “Voters on electionduty” are entitled to vote by post.

As per Rule 17 (c) of the said Rules “Voters on election duty” are :—1. Any polling agent2. Any polling officer3. Presiding Officer, or4. Other public servantwho is an elector in the constituency and is by reason of his being on election duty unable to

vote at the polling station where he is normally entitled to vote.Apart from polling personnel, Police Personnel on election duty are also treated as voters on

election duty. Observers appointed by the Commission are also treated as voters on election duty.The facility of voting by post is also extended to the drivers, helpers, cleaners, etc., actually

employed on vehicles requisitioned for election purposes as they are treated as voters on election duty, videCommission’s instructions in Chapter-X, page -64 , R.Os Handbook - 1998.

EXISTING METHOD OF VOTINGUnder the existing rules, there are two options available for the persons on election duty to

vote. One method is to vote at the polling station where they are put on duty by obtaining “EDC” (ElectionDuty Certificate) from the R.O. For this facility, the person concerned shall be an elector in the sameconstituency. [But this facility is not available to polling agents of candidates].

The second method is to obtain a Postal Ballot paper and to vote by post. This second optionis available to all voters on election duty, whether they are put on duty outside the constituency where theyare registered as electors, or inside such constituency.

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SCHEME FOR STREAM-LINE THE VOTING METHOD FOR VOTERS ON ELECTIONDUTY BY MEANS OF POSTAL BALLOT PAPERS

All Persons on Election Duty to apply for Postal Ballot Paper :

Under the present system, duty to Polling persons is assigned by the method of randomselection and normally the persons are assigned duty out side their constituencies, but within the samedistrict. Further, the persons on polling duty come to know about the place of duty only at the last moment.Therefore, applications for “EDC” from those who may be put on duty in their own constituencies can getdelayed considerably. Hence to enable all persons on polling duty to exercise their franchise, they all maybe asked to apply for and obtain Postal Ballot Papers for voting. Under the law, there is no bar to vote bypost, even if the person is put on duty in the same constituency where he is registered as an elector.

Changes in Format of Postal Ballot PaperRule 22(1) of the Conduct of Elections Rules, 1961 lays down the Form and particulars of

Postal Ballot Papers as follows :

“22. Form of ballot paper.— (1) Every Postal Ballot Paper shall have a counterfoil attachedthereto, and the said ballot paper and its counterfoil shall be in such form, and the particulars therein shallbe in such language or languages, as the Election Commission may direct.”

Under the said provisions, the Commission has prescribed two different forms for the “PostalBallot Papers” - one for “Service Electors” and the other for “persons on polling duty”, “Special Voters”,and “Voters under preventive detention”. The major difference between these two sets of postal ballotpapers is that on the Postal Ballot Paper for service personnel, election “symbols” are not printed, onlyparty affiliation of the candidates is mentioned (Sample at Appendix-i). The Postal Ballot Paper for theother categories (like voters on election duty) is of the same design as the ordlinary ballot papers to be usedat polling stations, except that the words “Postal Ballot Paper “ will be stamped on the back of the ballotpaper and its counterfoil.

The Commission has now decided that special voters, voters under preventive detention andpersons on election duty may also be issued with the Postal Ballot Papers of the same design as that of“Service Voters”. Following will be the advantages:

a) Postal Ballot Papers for service voters are to be printed and despatched within 48 hoursafter the last date for withdrawal of candidatures. Therefore, if the Postal Ballot Papers

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with the same uniform design are used for other category of postal voters also, they willbe in a position to receive the Postal Ballot Papers much in advance for their return aftermarking the vote.

b) The ordinary ballots (which are also used as Postal Ballot Papers for other categories asat present) are printed in lakhs for each constituency and normally the printing iscompleted just a couple of days before the poll date and the despatch of these ordinaryballot papers as Postal Ballot Papers to persons on election duty is delayed. By adoptingthe method at (a) above, this delay is cut short.

c) Another advantage is that “Service Voters” in some States and UTs are quite few innumber. For example, in Madhya Pradesh with 320 A.Cs., total service electors are9,129. On an average, the number of service electors are 59 per Assembly Constituency.Keeping in view the very low percentage of voting by service electors, there may bemany cases of only one or two valid postal votes of service voters in some constituencies.Since these ballot papers are quite distinct, being of a different design at present, it maynot be difficult to find out to whom the concerned service person has voted. Thus it isdifficult to maintain secrecy of voting in such cases. Secrecy will become more fool-proof if all Postal Ballot Papers are of the same design.

PRINTING OF POSTAL BALLOT PAPERSAt present, postal ballot papers for service voters are got printed by the DEO/RO locally. They

are also permitted to cyclostyle or take photo copies of such postal ballot papers, where the number of suchballot papers is small. Now that the design of the postal ballot papers for all categories of persons eligibleto vote by post has been changed and made uniform for all such categories, the required number of postalballot papers will be substantially high. The Commission has no objection for the printing of the postalballot papers in private printing presses, if arrangements for expeditious printing of these postal ballotpapers is not possible in the Government presses. However, it must be ensured that fool proof Securityarrangements are made as such private printing presses and these ballot papers are printed under strictwatch of a responsible officer, preferably, an Assistant Returning Officer.

Educating the Persons on Election Duty about their right to vote and method.i) The DEO sends a communication to the Government Departments and other

authorities in the district asking for lists of persons working under them fordrafting them for election duty. In the case of Union Territories, the R.O of theconstituency and in the case of NCT of Delhi, the CEO Delhi, do this job. While

126

asking for such lists of persons, the DEO/RO/CEO, as the case may be, should alsointimate departments concerned about the right of persons drafted for election dutyto vote by post and a copy of Form-12 wherein the persons have to apply for thisPostal Ballot Paper facility should also be sent to the departments concerned andthey should be asked to circulate the same among their employees.

ii) After receiving the lists, the CEO/RO/DEO, as the case may be, sends letters ofappointment (in duplicate) to the persons drafted for election duty. Along with thisletter, a copy of Form-12 should also be sent to each person drafted on electionduty so that he/she may apply for postal ballot paper to the Returning Officer ofthe constituency in which his name is registered as an elector. All such personsshould also be supplied with a complete list of all R.Os in the UT/districtconcerned and of the places where copies of electoral rolls are available forinspection by the persons drafted to verify their names in the electoral rolls of theconstituencies concerned, to enable them to fill their required electoral rollparticulars in Form 12.

iii) During the first Training class-cum-polling rehearsal also, the polling personnelshould be educated about the method of filling Form-12 to apply for Postal BallotPaper, the place where they can obtain the Postal Ballot Paper and the method ofvoting and returning the marked Postal Ballot Papers. In case such first trainingclass-cum-polling rehearsal has already been conducted in any constituency /district, the DEO/RO/CEO may impart such education at the subsequent trainingclasses-cum-polling rehearsals, if any.

iv) For the convenience of the personnel on election duty, copies of electoral rolls ofall constituencies in the UT/district should be available at the place of rehearsal /Training, so that persons on election duty may verify the particulars of their entriesin rolls for applying for Postal Ballot Paper in Form 12. Also copies of Form-12should again be made available for the use of person on election duty.

v) The persons on election duty should be allowed to submit the duly filled in Forms12 at the Training centre itself.

Arrangements to receive applications and to deliver Postal Ballot Paper to personson election duty

(1) In the office of the each R.O., there should be earmarked a responsible officer(preferably one of the AROs) who should be available with the copy of the

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electoral roll to help any person on election duty to come and verify his name inthe electoral roll.

(2) The same officer should also receive duly filled in Form-12 submitted by thepersons on election duty.

(3) So far as the delivery of the Postal Ballot Papers to persons on election duty isconcerned, the R.Os. in each State have established certain procedures. Existingarrangements in this regard may be allowed to be followed by the R.Os. However,the following arrangements may further be made:(i) The RO should open a Register for the persons drafted for election duty and

who are electors in the constituency. The Register should have followingcolumns:(a) Name of the Person drafted for election duty and who has applied for

Postal Ballot Paper in Form-12.(b) whether the person is registered in the electoral roll of the Constituency.

(Yes or No).(c) If yes, Part No. and serial number of the person in the electoral roll of

the constituency.(d) whether postal ballot paper has been issued to him necessary entry

made in the marked copy of the electoral roll against the name of theperson (Date of issue and making such entry).

(e) whether the person collected the Postal Ballot Paper in person from theR.O’s Office. (Yes or No).

(f) If yes, the signature of the person with date.(g) If no, whether the R.O. has taken action to deliver the Postal Ballot

Paper at the person’s address (Date of delivery).(h) Remarks

A Format of the Register is at Appendix- 2(4) The DEO/RO/CEO should make every effort to issue the postal ballot paper to every

elector on election duty who makes an application in Form 12 for the purpose, as expeditiously as possibleafter receipt of that application. However, as the marked copy of the electoral roll has to be prepared bythe RO, quite in advance of the date of poll, for supply to the Presiding Officers of all polling stations, thesupply of postal ballot papers should be completed in all cases, at least three days before the date of poll.

(ii) To facilitate speedy return of Postal Ballot Papers, each R.O. should have a special box

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with secure locks in his office, so that persons on election duty and others who havereceived Postal Ballot Papers may come and drop in that box their marked ballot papersin the sealed covers (provided to each elector along with the Postal Ballot Paper).

(iii) Every day, a designated officer should take out the contents of the box, make necessaryentries in the Register maintained for the purpose, keep the Register and the sealedcovers of Postal Ballot Papers under proper lock and key.

(iv) If any elector on election duty opts to send the Postal Ballot Paper through normal pre-paid postal service, there is no objection since the existing system allows this.

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APPENDlX-1

8- Rampur H.P./96 Genl.

POSTAL BALLOT PAPER

Electoral Roll Part No ...................................................................................................

Serial No. Elector ..........................................................................................................

.......................................................................................................................................

8- Rampur H.P./96 Genl.

POSTAL BALLOT PAPER

ABNASHI RAM(Name of the party)

AMAR NATH(Name of the party)

BABU SINGH(Name of the party)

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REGISTER OF POSTAL BALLOT PAPERS ISSUED TO PERSONS DRAFTED FORELECTION DUTY

Sl. No.

1

Name of the persondrafted for election duty

& who has submittedForm-12 for Postal Ballot

Paper.

2

Whether theperson is

registered asan elector in

theConstituency

(Yes/No)

3

If yes, Part No.& Serial

number inElectoral Roll.

4

Date on whichPostal BallotPaper issued

and entry madein the marked

copy of theelectoral roll

5

Whether theperson

collected thePostal Ballot

Paper inperson.(Yes/No)

6

If yes, signof the person

with datetoken ofreceiveof P.B.

7

APPENDlX-2

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GOVERNMENT OF INDIAMINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

DEPARTMENT OF PERSONNEL & TRAININGNEW DELHI

No. 12/6/98/JCA February, 10th, 1998

ToC.R. Brahmam,Secretary (Planning),Election Commission of India,Nirvachan Sadan, Ashoka Road,New Delhi 110 001

Subject : General Elections to the House of the People 1998 — Declaration of poll day as Holiday.

Sir,I am directed to refer to your letter No./78/98/PLN-1/802 dated 6th February, 1998 on the

above subject and to say that copies of the relevant orders issued by this Department is enclosed.(A copy was earlier sent)

Yours faithfully

(RANBIR SINGH)DESK OFFICER (JCA)

Fax : 011-3012432 (N.B.)011-3012142 (E.O.)

011-4624821 (L.N.B.)011-4360862 (Trg. Div.)011-4361230 (P.E.S.B.)

Telex : 62826 (N.B.)66366 (Trg. Div.)

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C.R. BRAHMAMSECRETARY (PLANNING)No. 470/COUNT-INST/98/PLN-I Date : January 23, 1998

ToThe Chief Electoral Officers of allStates and Union Territories

Subject : General Elections, 1998 — Instructions for facilities at counting centres and managementof the counting process.Sir,

I am directed to forward herewith a copy of the instructions for facilities at counting centres andmanagement of the counting process and to sate that a copy of the said instructions be immediately made availableto each DEO/RO for taking immediate action and strict compliance. A copy of the Instructions may also be madeavailable to the Observers of the Commission appointed in the State.

Kindly acknowledge receipt and confirm action taken.Yours faithfully,


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INSTRUCTIONS FOR FACILITIES AT COUNTING CENTRES ANDMANAGEMENT OF THE COUNTING PROCESS

1 The law provides for counting of votes boothwise or by mixing of ballot papers. The Commissionissues detailed instructions regarding the procedure to be adopted at the appropriate time.However, irrespective of the counting procedure selected, the counting arrangements andmethodology will henceforth include the following.

2. A counting Hall means a separate room walled on all sides and preferably with separate exit andentry facilities.

3. Where pre-constructed separate rooms are not available but large rooms are proposed to bedivided for creating Halls. each part constituting a Hall will be separated by temporary partitions.These partitions will be of strong material, like, CGI Sheets, thick Wooden Boards or other similarmaterial, but preferably the former only. Where the owners of the Buildings have objections todig holes on the floor, a suitable rigid frame, with CGI sheets fixed on two sides, may be used.The point to be ensured is that after the necessary partitioning, each Hall is an independent roomwalled on all four sides. It should not only be not possible for persons to move out from a Hallwithout coming out of it, but it should be impossible to slip any materials from one Hall to theother through the partitions. On both sides of the partitions, guards should be posted to ensure thatthese are not disturbed.

4. Each Hall will have a distinct Number.

5. Each Hall, as defined earlier, will be used for counting for only one Assembly Segment or a partthereof at a given point of time.

6. Assembly Segments must be pre-allotted to Halls and this allotment made known to all concernedin advance.

7. If the total number of Halls is less than the total number of Assembly Segments for aParliamentary Constituency, the sequence of counting will be as per the ascending order of theAC Nos. Thus, if there are seven such AC Segments in a PC and only three Halls, then Segmentswith the three lowest serial numbers will be taken up for counting in the three Halls available. As

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soon as counting is completed in respect of one Assembly Segment in a particular Hall and afternecessary clearance of the Hall, counting for the next AC pre-allotted to the Hall will be takenup therein.

8. Under no circumstances, more than one AC segment will be taken up for counting simultaneously,inside one Hall. and, under no circumstances, Ballot Boxes or Ballot Papers of more than one ACsegment will be physically available for counting purposes inside one Hall at any time.

9. The Commission has already prescribed limits for the number of counting tables which can beplaced inside a Hall. Important considerations for deciding on the number of counting tableswould be the number of Polling Stations, size of the room, the number of counting agents, as perthe number of candidates, and the total number of counting personnel proposed to be deployedand the security aspects.

10. While the upper limit of 15 tables cannot be relaxed under any circumstances, a lower actual limitmay be fixed taking into account all relevant factors.

11. Where the size of the room is quite small, counting for an AC segment can be taken up in twoHalls, each with eight tables - seven counting tables and one ARO-in-charge, in each of these tworooms or Halls. In such a case, the Polling Station numbers randomised may be pre-allotted to thetwo Halls (each room being one separate Hall), in advance.

12. Similarly, if the total numbers of electors in a segment is very large or, if for any other validreason, the CEO, after personal assessment, decides to use two Halls for simultaneously countingof the votes in one AC segment, he may do so by giving specific approval to the RO in advance.In such a case, each such Hall can have a maximum of 15 tables.

13. In case or the cases covered under the two preceding paragraphs, the rounds will be numberedin one common sequence, but one Hall will be pre-allotted rounds with odd numbers and the otherhave rounds with even numbers. This will avoid confusion in the numbering of rounds and thecompilation of data on the progress of counting.

14. The Commission has prescribed a format for essential information on counting centres andpersonal inspection by the Returning Officers. Observers of the Commission will undertake

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detailed inspection of counting centres during their first visit and ensure that the counting Hallshave been planned as per the above instructions and ACs have been accordingly pre-allotted toeach Hall. They will send a specific report on this to the Commission. They should also obtainrelevant drawings of each counting centre and keep it as a part of the record for their final report.

15. The counting Halls, including partitions as planned, should be got ready at least three clear daysahead of the date of counting and a report sent by each RO to the CEO, and by the Observers tothe Commission. CEOs shall send a consolidated report to the Commission.

16. CEOs, during their tours, will specifically review arrangements proposed and inspect as manycounting centres as possible.

17. At each counting centre the Observer or group of Observers will be provided a separate room orcubicle with table/chairs, a telephone with STD and a fax attached to it. This will be reserved forthe exclusive use of the Observers for their communication with the Commission, in strictconfidentiality.

18. The number of this telephone will be obtained from the P & T authorities at least 15 days aheadof the date of counting and made known to the Commission.

19. The RO shall provide for a hotline, wherever possible, with CEO and one or more separatetelephone line(s) ‘with STD facilities to keep in touch with the CEO and the Commission. A Faxmachine should invariably be available for use of the RO/ARO at each counting centre. Thisshould have STD facilities.

20. Two separate small rooms or covered space will be provided for Communication Facilities for theMedia. One of these will be for use by DD. AIR PIB and State I & PR Department. They mayset up their own telephone, fax, data communication and other facilities therein. The other roomwill be set up with public telephones and a fax bureau. Both these will be provided by the P &T department for use, on payment basis. State Directors of l& PR Department will assess theneeds by interacting with media representatives and coordinate with telecom department tofacilitate setting up of these facilities.

21. DEOs and ROs will accordingly make detailed plans and ensure that the arrangements are in

136

position well in time and at least 72 hours before start of counting. This will facilitate dry run oftransmission of counting information and system checks by all concerned.

22. On the day of counting, when the counting is in progress, at the end of each round of counting,the concerned ARO will give an analysis of the votes polled in that round, to the Observer, in theFast track and detailed track formats prescribed by the Commission. These shall be kept by theObservers in a folder and kept AC wise. Copies will be transmitted to the Commissionimmediately and directly by the Observers.

23. The ARO-in-charge or the RO, too, will separately and independently, through his own fax, sendit to the CEO. Wherever hot lines are available with the CEO these will be utilised to orallyconfirm the contents of the fax message. Alternatively, the fast track data may be read out to theCEO on the hot line. CEOs would set up adequate number of fax lines with hunting line facilityto receive the faxes. For this purpose, they can hire faxes or temporarily borrow fax machinesfrom various government departments and corporations. The total number of such fax machinesrequired. including a few in reserve, should be decided in advance and these should be positionedand tested at least 72 Hours before the start of counting. The CEOs will also have blank formsof fast track data to note down the round-wise data. if received orally on phone or hotline.

24. As soon as the result is declared the data as contained in Form 21 which is handed over to thewinning candidate will be handed over to the Observer in a separate format as prescribed by theCommission for immediate communication to the Commission.

25. As per the above arrangements, the progress of every round, Assembly segment-wise, will beannounced as soon as each round is complete, both as per the fast track information and thedetailed track information as prescribed by the Commission. Similarly, the consolidated positionof the PC by combining the position of the rounds of different ACs available from time to timeshould also be announced in the fast track and detailed track. These will be announced inside eachHall by the ARO in charge present inside. Immediately thereafter, this will be announced over thepublic address system, preferably from a centralised location where the announcement booth islocated. The public announcements could be repeated at suitable intervals for the knowledge ofthe public that gather in good numbers outside the Counting Centres.

137

26. It is important that soon after the counting is finished, the fully reconciled counting data istabulated and checked thoroughly before the result is formally declared.

27. The Observers will ensure that the Final Result Sheet in Form 20 is filled by the RO before hedeclares the result in Form 21 C and sends it to appropriate quarters. One copy each of the Forms20, 21 C and 21 E duly filled in, will be collected by the Observers and attached with their reportson counting.

28. Similarly, a copy of the Index Card, duly filled in and checked for internal accuracy, will behanded over to the group of Observers after the counting is over.

29. The Observers can make out a joint report at the end of counting. On the day immediatelyfollowing the counting, they will put together their reports, along with copies of Forms 20, 21 Cand 21 E and a copy of the Index Card, and send them to the Commission. In case of faxtransmission, the same Forms have been reformatted in A-4 size and these will be utilised forimmediately faxing them to the Commission and the CEO. This should be done before theObservers leave the Constituency on completion of their duty. They will also ensure that theoriginal Forms in two sets are despatched by the RO through special messenger to the CEO. TheCEO, in turn, will send one set for all Constituencies in his State, through a special messengerby flight, to the Commission.

30. The CEOs will keep in touch with the Zonal Secretaries on the progress of counting and thecollection and dispatch of data in statutory forms as mentioned earlier.

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No. 470/98/J.S. II/ Date 13th February, 1998

ToThe Chief Electoral Officers ofAll States and Union Territories.

Subject : General elections to House of People, 1998 - Procedure for counting of votes-Appointmentof counting personnel and counting agents - regarding.

Sir,I am directed to say that the Commission has decided that the votes shall be counted by mixing of

ballot papers, in all constituencies at the current general elections to the House of the People and State LegislativeAssemblies and also at the bye-elections being held to some of the State Legislative Assembliessimultaneously. Necessary notifications in this regard under rule 59A of the Conduct of Election Rules, 1961 arebeing issued separately.

2. As per existing directions/instructions of the Commission, only one set ofcounting personnel and counting agents are allowed to be appointed for the whole process of counting of votes.Commission has taken note of the fact that where the system of counting of mixing of ballot papers is followedthe counting process takes a considerable long time and counting agents and counting personnel face difficultiesin terms of continuous work over an extended period.

3. The Commission has reviewed its existing directions/instructions in the matter and has decided to (i)allow the contesting candidates to change their counting agents, if they so desire, and replace them with a newset of counting agents once and (ii) permit the Returning Officers to appoint two sets of counting personnel andput them it shift duties, in the manner explained below.


Telex : ND 31 - 61312Fax : 3713412/3739944

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4. Under the mixing system of counting of votes, the counting is done in two distinct and separate stages.In the first or the initial stage, all ballot boxes are opened polling station wise, the ballot papers contained thereinare counted for numbers, such number tallied with the ballot paper account, ballot papers so taken out of the ballotboxes are made into bundles of 25 each, and all such bundles are mixed together in a big drum or receptacle.In the second stage, the detailed scrutiny of ballot papers and their distribution candidate-wise is taken up, with1000 ballot papers (contained in 40 bundles) being so counted at each counting table.

5. The first stage itself takes up normally 6 to 8 hours and the change of counting agents at this stagewould not disturb the counting process and would also help the contesting candidates to bring in fresh countingagents. Therefore, the candidates shall be permitted to change their counting agents at this Stage, if they so desire.It may be noted that the change of counting agents shall be Permitted only after the first stage is over and beforethe second Stage is taken up. The counting agents shall not be replaced at any other stage except as mentionedabove. For this purpose, the candidates shall have to furnish the lists of both sets of their counting agents (alongwiththeir photographs) during the very same period as is available to them now for the submission of their lists ofcounting agents, i.e., by 1700 hours on the day three days preceeding the date fixed for the counting of votes.

6. At this very stage, i.e. after first stage is over and before second is taken up, the counting personnel,i.e., counting supervisors and counting assistants etc., shall also be changed by the Returning Officers. The oldset of counting personnel having already worked for 6 to 8 hours feels fatigued by the time the second stage ofcounting is taken up. The new set of counting personnel, being fresh for the job could work with more energy andspeed and this would quicken the counting process. This will also remove the difficulty of being required tocontinuously do duty for very long hours.

7 Apart from the above, the Commission has further directed that the following points may be strictlyobserved counting process :-

(i) The trays in which the ballot papers for respective candidates are kept on each counting tableat the time of detailed scrutiny of ballot papers for distribution candidate-wise, should bekept slightly slanting and facing the candidates’ agents who sit across the wooden barrier/wiremesh, so that the agents can see and ensure that the ballot papers are being put by thecounting personnel in the right trays of the candidates concerned.

(ii) The wooden barrier or the wiremesh between the counting tables and the seats of the

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counting agents should be so placed that the counting agents are able to watch the wholecounting process, being undertaken on the counting tables by the counting supervisors andcounting agents, and object to the validity or other-wise of the ballot papers being counted.Proper seating arrangements should also made for the counting agents by providing themwith reasonably comfortable chairs.

(iii) At the end of each round of counting, when the result of that round is announced, the Observer,if he is present at that time in the counting hall, should countersign the result sheet for that roundin token of the correctness of the counting sheet and to obviate any chance of that sheet beingmanipulated or tampered with, at the stage of its incorporation in the Final Result Sheet (Form20). If the Observer is, for any reason, not present in the counting hall when the result of anyround is announced, the countersigning would be done by the Assistant Returning Officerand any Observer visiting the counting centre next should check the result sheet for that roundsoon after he comes to the counting hall and countersign the same after checking its correctness.All such round wise result sheets, duly countersigned by the Assistant Returning Officer /Observer, should be attached by the Returning Officer to the Final Result Sheet (Form 20).

8. The contents of the above may be brought to the notice of all District Election Officers/Returning Officers and other concerned authorities immediately for their information and strictcompliance.

Yours faithfully,

(B.N. CHAWLA)SECRETARY

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C.R. BRAHMAMSECRETARY (PLANNING-I)

No. 464/INST/98/PLN-I Date : 14th February, 1998

To(1) The Secretaries/Chief Administrators

Of all States and Union Territories

(2) The Chief Electoral Officers of all States &Union Territories

Subject : General Elections, 1998 — Safe custody of polled Ballot Boxes

Sir,I am directed to state that fool proof security arrangements shall, be made for safe custody of polled

Ballot Boxes after the poll. Central Forces should also be deployed as far as practicable in appropriate strengthat the places where boxes are stored to avoid any untoward incidents. It shall be the responsibility of the ReturningOfficers and the CEOs to ensure that all necessary preventive measures are taken for safe custody of Ballot Boxes.These instructions may be brought to the notice of all concerned immediately.

Yours faithfully,

(C R BRAHMAM)SECRETARY

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No. 470/98/J.S.II/ Date : 16.02.1998

To

The Chief Electoral Officers ofAll States and Union Territories.

Subject : General Elections to the House of the People, 1998 - Place of Counting - Arrangements forEmergency Lights in and around the Counting Hall-regarding.

Sir,

I am directed to invite your attention to Para 14 of Notes on the first Report to be submitted byGeneral Observers, as contained at page 46 of the “Guidelines For Observers” issued by the Commission, inconnection with the General Elections, 1998,which inter-alia provides that General Observers will ensurethat in all counting centres, there is stand by lighting facilities, in case of power break down at the counting centres,and that there are adequate arrangements for fire engines, fire extinguishers, etc. The Observers have also to seewhether arrangements for generators, petromax lamps have been made.2. In this connection, I am to state that the Commission has been receiving complaints frompolitical parties, contesting candidates, etc. to the effect that, at certain elections in the past, some time lights hadgone off suddenly during the process of counting of votes in the Counting Hall. In the absence of alternativearrangements for light in the Counting Hall, the smooth process of counting of votes was seriously interrupted. Suchsituation had prompted the contesting candidates or their counting agents and political parties to makecomplaints about the suspicion of irregularities and tampering of ballot papers, etc., when the lights were off.


Telex : ND 31 - 61312Fax : 3713412/3739944

143

3. The Commission has, therefore, directed that it must be ensured that foolproof effective alternativearrangements for lights are made in and around the Counting Halls, by providing standby Diesel Generator(s),Petromax Lamps or emergency lights, to provide instant light in the event of failure of regular electricity supply.Such Diesel Generators, Petromax Lamps, etc. should be kept all the time running/burning, as soon as thedarkness starts to fall in the evening, and even during day time where the Counting Hall is not brightly lit, otherwise.4. The above directions of the Commission may be brought to the notice of all District ElectionOfficers / Returning Officers and other concerned authorities for their information and strict compliance.

Yours faithfully,

(K.J. RAO)SECRETARY

144


C.R. BRAHMAMSECRETARY (PLANNING-I)

No. 464/INST/98/PLN-I Date : 17th February, 1998


Subject : General Elections, 1998 — Clearance to start counting Not necessary - Directions

Sir,I am directed to invite your attention to the Commissior’s letter of even number dated

15-02-1998 on the subject cited and to state that in supersession of the instructions contained therein, theCommission hereby directs that the Returning Officers are not required to obtain any permission from theCommission to commence counting of votes unless there is a specific direction from the Commission not tocommence the counting of votes of any particular constituency without prior approval of the Commission

The above may be brought to the notice of all the Returning Officers and Observers appointed bythe Commission immediately.

Yours faithfully,

(C.R.BRAHMAM)SECRETARY

Copy to: Zonal Secretaries, Under Secretaries & S.Os.To issue specific directions, if any, not to commenceCounting in respect of any constituency.

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Fax / Wireless Message

No. 470/98/J.S. II/Vol.I/ Dated : 18th February, 1998

FROM SECRETARYELECTION COMMISSION OF INDIANEW DELHI

TO THE CHIEF ELECTORAL OFFICERS OFALL STATES AND UNION TERRITORIES

REGARDING COUNTING OF VOTES RECEIVED BY POST (.) CERTAIN CHIEFELECTORAL OFFICES HAVE SOUGHT CLARIFICATION WHETHER VOTES CAST THROUGHPOSTAL BALLOT PAPER BY AN ELECTOR AFTER THE DATE OF POLL BUT RECEIVEDBEFORE AND UPTO THE HOUR FIXED FOR THE COMMENCEMENT OF COUNTING OFVOTES CAN BE TAKEN UP FOR COUNTING (.) IN THIS CONNECTION YOUR ATTENTION ISINVITED TO RULES 27 AND 54A OF THE CONDUCT OF ELECTIONS RULES (,) 1961 WHICHINTER-ALIA PROVIDE THAT ALL THE POSTAL BALLOT PAPERS (WHETHER MARKEDBEFORE OR AFTER THE DATE OF POLL) RECEIVED UPTO THE HOUR FIXED FOR THECOMMENCEMENT OF THE COUNTING OF VOTES SHOULD BE TAKEN UP FOR COUNTING(.) APART FROM ABOVE (,) YOUR ATTENTION IS ALSO INVITED TO COMMISSION'S FURTHERDIRECTIONS IN THE MATTER AS CONTAINED IN PARA 16 OF CHAPTER'S XIV-B OFHANDBOOK FOR RETURNING OFFICERS(,) 1998 EDITION(.)

Not to be transmitted

New Delhi

Dated : 18th February (,) 1998 (B.N. CHAWLA)SECRETARY

No. 470/98/J.S.II/Vol.I/ Dated : 18th February, 1998

Copy by post, in confirmation, forwarded to the chief Electoral officers of all the States andUnion Territories.

(B.N. CHAWLA)SECRETARY

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No. 576/3/98/J.S.II/ Date: 22nd February, 1998


Telex : ND 31-61312Fax : 3713412/37399


Subject : Handbook for Returning Officers for Elections to the House of the People and State LegislativeAssemblies-1998 edition-Issue of Amendments-regarding.

Sir,I am directed to State that while revising the Handbook for Returning officers for Elections to the

House of the People and State Legislative Assemblies, as published by the Commission in 1998, para 11 ofAnnexure-XLV at page 334 has not been inadvertently revised in consonance with para 2 of chapter-XIV-B, dueto oversight.

2. I am therefore, to request that existing para 11 of annexure-XLV at page 334 may besubstituted by the following :-

On receipt of the bundles of ballot papers for detailed scrutiny and counting candidate-wise, takeeach bundle, one by one for scrutiny of Ballot Papers contained therein for determining their validity or otherwise.On removing the rubber band or piece of string from a bundle, unfold the ballot papers in that bundle and put eachsuch Ballot Paper validly marked for a candidate in the compartment place assigned to that candidate and put eachof doubtful ballot papers in the compartment place marked 'D'. (IT IS NOT HOWEVER NECESSARY TOFURTHER TAKE SPECIAL STEPS TO MIX THESE 1,000 BALLOT PAPERS BEFORE TAKING UPSUCH DETAILED SCRUTINY AND SORTING OUT CANDIDATE-WISE, AS WAS BEING PREVIOUSLYDONE.)

3. It is requested that above mentioned amendments may kindly be brought to the notice of allDistrict Elections officers/Returning officers and other election authorities concerned in the State and UnionTerritories.

147

4. They may also be instructed immediately to amend all copies of the above Handbook availablewith them, so that these amendments do not escape their notice and no confusion is caused while they refer tothe Handbook and particularly at the time of counting of votes.

5. The receipt of the letter may kindly be acknowledged.

Yours faithfully,

(Lalit Mohan) UNDER SECRETARY

148


No. 470/98/JS-lI Dated: 1st March, 1998.


Subject : General Elections to the House of the People, 1998-counting of votes - Declaration of results

Sir,I am directed to refer to para 8 of the Commission’s letter No.464/96(INST.)Vol. III dated

9th September 1996 reproduced as item No.104 in the Compendium of down that the Returning Officers Shallnot declare the results under Section 66 of the Representation of People Act, 1951, in case, the margin of votesbetween the first two leading candidates is less than 5% of the total valid votes polled by all candidates.

The Commission has considered that a large number of cases are being referred under this category.The Commission has, therefore, decided that only such cases where the margin of votes secured by the first twoleading candidates is less than 1% of the total valid votes polled by all candidates need be referred to theCommission for clearance of declaration of results. These inrtructions may kindly be brought to the notice of allthe Retrning Officers immediately for compliance.

Yours faithfully,

(K.J. RAO)SECRETARY


149

Nirvachan Sadan. Ashoka Road, NEW DELHI-110001

No. 470/98-Judl-lI Dated: 18th November, 1998.


Subject : General Elections to the Legislative Assemblies of Rajasthan, Madhya Pradesh, Mizoramand National Capital territory of Delhi and various bye elections scheduled to be heldon 25.11.1998.-Counting of votes and declaration of results.

Sir,I am directed to refer to para 8 of the Commission's letter No. 464/96/(INST) Vol. III, dated

9th September, 1996 reproduced as item no. 104 in the Compendium of Instructions on Conduct of Elections,wherein it has been laid down that Returning Officers shall not declare results under section 66 of theRepresentation of the people Act, 1951, in case the margin of votes between the first two leading candidates isless than 5% of the total valid votes polled by all candidates.

The commission has considered that a large number of cases are being referred to the Commissionunder this category. The Commission had, therefore, issued instructions during the general elections to the Houseof the People and various Legislative Assemblies held in February-March, 1998 that only such cases where themargin of votes secured by the first two leading candidates is less than 1% of the total valid votes polled by allcandidates need be referred to the Commission for clearance of declaration of results vide Commission’s letterof even number date 1st March 1998. The same instructions shall be followed during the current general/byeelections scheduled to be held on the 25th November, 1998. These instructions, which are in the nature of standinginstructions, may kindly be brought to the notice of all Returning Officers immediately for compliance.

The receipt of this letter shall be acknowledged.

Yours faithfully,

(K. J. RAO)SECRETARY

150

ELECTION COMMISSION OF INDIANirvachan Sadan. Ashoka Road, New Delhi-110001

K.J. RAOSECRETARY (PLANNING)

No. 470/98-Judl-lI Dated: 26th November, 1998.

ToThe Chief Electoral Officers of1. Madhya Pradesh, Bhopal2. Rajasthan, Jaipur3. NCT of Delhi, Delhi

Subject : General Elections to the Legislative Assemblies of Rajasthan, Madhya Pradesh, Mizoramand National Capital territory of Delhi and Various bye elections scheduled to be heldon 25.11.1998.-Counting of votes and declaration of results in the case of constituencieswhere Electronic Voting Machines have been used-Directions-regarding.

Sir,In continuation of Commission’s letter No. 470/98-Jud-II dated 18.11.1998 on the subject cited, I

am directed to say that the directions contained in pam 2 of the aforesaid letter are not applicable in the case ofconstituencies where Electronic Voting Machines have been used. The Commission has therefore dirececl that inconstituencies where Electronic Voting Machines have been used, no clearance from the Commission is requiredeven when the margin of first two leading candidates is less than 1% of the total valid votes polled by all candidates.

This may brought to the notice of concerned Returning Officers imrnediately.

Yours faithfully,

Copy to : Zonal Secretaries, Under Secretaries & S Os. (K. J. RAO)US(LM), PLN-IV.

151


No. 470/99-PLN I Dated: 27 May 1999


Subject : Setting up of counting centres for the General Election, 1999.

Sir,I am directed to invite your attention to the Commission’s letters No. 47O/98 PLN1 dated 26th

December, 1997 and No. 47O/Count-Ins/98-PLNI dated 23rd, January, 1998 regarding setting up of countingcentres and management of the counting process. The Commission has instructed therein that the verification/inspection of counting centres should be completed within 15 days of the dissolution of the House in case it isdissolved before the completion of its normal tenure

2. It has been noticed in the past that the Commission’s instructions in this regard are not beingfollowed strictly. In view of this you are requested to take immediate steps that the instructions are strictly followed,in particular it may be ensured that-

i) Each counting Hall will be used for counting for only one assembly segment or a part thereof ata given point of time. Not more than 15 tables will be used for counting.

ii) Where the size of the room is quite small, counting for an assembly segment can be taken up intwo Halls, each with eight tables-seven counting tables and one for ARO-in charge.

iii) Information sheet on counting centres should be filled up properly. The Counting centres shouldbe verified by the Returning Officer/District Election Officer personally and a certificate to this effect given ininformation sheet at the appropriate place.

152

3. The verification of the Counting centres may be completed immediately, if not already done. Theinformation sheets on the counting centres may be forwarded to the Commission latest by 20th June 1999 forapproval.

Yours faithfully,

(SHARAN PAUL SINGH)SECRETARY


153



No. 3/4/98/J.S.-II Date: 5th January, 1998


Telex : ND 31-61312

Fax : 3713412/37399


Subject : Amendment to Rule 90 of the Conduct of Election Rules, 1961 relating to election expenses.

Sir,I am directed to forward herewith a copy of Ministry of Law and Justice (Legislative Department)

Notification No. 7(32)/97-Leg.II, dated 31st December, 1997 amending Rule 90 of the Conduct of ElectionsRules, 1961 to revise the limits of election expenses for all Parliamentary and Assembly Constituencies for yourinformation and necessary action.

Yours faithfully,

(K.J. RAO)SECRETARY

154

(TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (ii) OF THE GAZETTE OF INDIA,EXTRAORDINARY, DATED THE 31st DECEMBER, 1997)

GOVERNMENT OF INDIAMINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

NOTIFICATION

New Delhi, The 31st December, 199710 Pausa 1919 (Saka)

S.O. (E).In exercise of the powers conferred by section 169 of the Representation of the People Act,1951 (43 of 1951), the Central Government after consulting the Election Commission, hereby makes thefollowing rules further to amend the Conduct of Elections Rules, 1961, namely :-

1. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 1997.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Conduct of Elections Rules, 1961, in rule 90, for the Table, the following Table shallbe substituted, namely :-

TABLE

Name of State or Maximum limit of electionUnion territory expenses in any one

Parliamentary Assemblyconstituency constituency

1 2 3

I. STATES1. Andhra Pradesh 15,00,000 6,00,0002. Arunachal Pradesh 10,00,000 3,00,0003. Assam 15,00,000 6,00,0004. Bihar 15,00,000 6,00,0005. Goa 8,00,000 3,00,0006. Gujarat 15,00,000 6,00,0007. Haryana 15,00,000 6,00,000

155

8. Himachal Pradesh 15,00,000 4,00,0009. Jammu & Kashmir 15,00,000 —10. Karnataka 15,00,000 6,00,00011. Kerala 15,00,000 6,00,00012. Madhya Prsdesh 15,00,000 6,00,00013. Maharashtra 15,00,000 6,00,00014. Manipur 13,00,000 3,00,00015. Megha1aya 13,00,000 3,00,00016. Mizorain 12,00,000 3,00,00017. Nagaland 15,00,000 3,00,00018. Orissa 15,00,000 6,00,00019. Punjab 15,00,000 6,00,00020. Rajasthan 15,00,000 6,00,00021. Sikkim 10,00,000 3,00,00022. Tamil Nadu 15,00,000 6,00,00023. Tripura 15,00,000 3,00,00024. Uttar Pradesh 15,00,000 6,00,00025. West Bengal 15,00,000 6,00,000

II UNION TERRITORIES1. Andaman and Nicobar Islands 10,00,000 —2. Chandigarh 8,00,000 —3. Dadra and Nagar Haveli 6,00,000 —4. Daman and Diu 6,00,000 —5. Delhi 15,00,000 5,00,0006. Lakshadweep 6,00,000 —7. Pondicherry 12,00,000 3,00,000

(File No. 7 (32)/97-Leg.II)

(DR. RAGHBIR SINGH)ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIA

Footnote :- The principal rules were published vide No. S.O. 859, dated the 15th April, 1961 and thelast amendment to these rules was issued vide No. S.O. 758(E), dated the 21st october, 1994.

156


No. 76/98/JUD-II Dated: 18th January, 1998


Subject : Lodging of accounts of election expenses by candidates - revised proforma - regarding.

Sir,I am directed to invite your attention to the Commission's Orders No. 76/93/JS-II, dated the 17th

December, 1993 and No. 76/ES003/94-J.S.-II, dated 31st August, 1994, (reproduced as items 120 and 122in Compendium of Instructions on Conduct of Elections 1998), on the subject cited.

2. As per the existing orders of the Commission, referred to above, every candidate at an electionto the House of the People or the Legisladyc Assembly of a State is required to keep a correct and separateaccount of his day-to-day election expenditure in the Register prescribed for the purpose by the Commission videits order dated 31st August 1994. Alongwith the account of election expenses as maintained in the said Register,the candidate was previously also required to furnish an Abstract Statement of Election Expenses, verified by anaffidavit. (reproduced as Part-II of Annexure XV, Part V at pages 251-254 of the Hand Book for ReturningOfficers, 1998 edition).

3. The Commission has reviewed the formats of the said Register and the Abstract Statement ofElection Expenses, as well as the supporting affidavit, in the light of the decision of the Supreme Court in the caseof Common Cause vs. Union of India and Others (AIR 1996 SC 3081) relating to rendering of accounts ofelection expenses by candidates under Sections 77 and 78 of the Representation of the People Act 1951. TheSupreme Court has held and directed, inter alia, in the Common Cause case as follows:

5. A political party which is not maintaining, audited and authenticated, accounts and hasnot filed the return of income for the relevant period, cannot, ordinarily, be permitted to

157

say that it has incurred or authorised expenditure in connection with the election of itscandidates in terms of Explanation 1 to Section 77 of the R.P. Act.

6. That the expenditure, (including that for which the candidate is seeking protectionunder Explanation (1) to Section 77 of the R.P.Act) in connection with the election ofa candidate - to the knowledge of the candidate or his election agent - shall be presumedto have been authorised by the candidate or his election agent. It shall, however, be opento the candidate to rebut the presumption in accordance with law and to show that partof the expenditure or whole of it was in fact incurred by the political party to which hebelongs or by any other association or body of persons or by an individual (other thanthe candidate or his election agent). Only when the candidate discharges the burden andrebuts the presumption he would be entitled to the benefit of Explanation (1) to Section77 of the R.P.Act.

7. The expression “conduct of election” in Article 324 of the Constitution of India iswide enough to include in its sweep, the power of the Election Commission to issue -in the process of the conduct of elections - directions to the effect that the political partiesshall submit to the Commission for its scrutiny, the details of the expenditure incurred orauthorised by the political parties in connection with the election of their respectivecandidates".

4. On such review of the formats of the aforesaid Register, Abstract Statement of Election Expensesand the supporting affidavit, in the light of the Supreme Court's directions in the Common Cause case, no changehas been considered necessary in the format of the aforesaid Register, the particulars whereof correspond to theprovisions of rule 86 of the Conduct of Elections Rule, 1961. The Commission has, however, changed theformat of the Abstract Statement of Election Expenses, which the candidate has to furnish along with hisaccount of election expenses, having regard to the aforesaid decision of the Supreme Court in the Common Causecase. Further, the format of the supporting affidavit by the candidate has also been correspondingly revised.In the revised format for the Abstract Statement of Election Expenses, the candidate shall have to furnish detailsof the expenditure incurred by the (i) political party' which has set him up, (ii) any other political party supportinghim, (iii) any other association/organisation/body supporting him, and (iv) any other individual supporting him.

5. A copy each of the formats of (i) the aforesaid Register (which has not been changed), (ii) revisedAbstract Statement of Election Expenses and (iii) revised supporting affidavit by the candidate, is forwardedherewith.

158

6. It should be ensured that every candidate as soon as he files his nomination paper, is furnishedwith a copy of the aforesaid Register and copies of the revised formats of Abstract Statement of Election Expensesand the supporting affidavit. If any Returning Officer has already furnished to a candidate the pre-revised formatsof the Abstract Statement of Election Expenses and supporting affidavit they should immediately furnish theserevised formats to the candidates concerned, clearly impressing upon those candidates that they have to submittheir Abstract Statement of Election Expenses and supporting affidavit in the revised formats while lodging theiraccounts of election expenses with the District Election Officers under Section 78 of the Representation of thePeople Act. 1951.

7. The receipt of this letter may be acknowledged immediately. A copy of the instructions issued inthis behalf to the District Election Officers, Returning Officers and all other election authorities concerned may beendorsed to the Commission for information and record.

Yours faithfully,

(K.J. RAO)SECRETARY

159

ANNEXURE-IREGISTER FOR MAINTENANCE OF DAY TO DAY ACCOUNTS OF ELECTION

EXPENDITURE BY CONTESTING CANDIDATES

Name of the Candidate :

Name of the Political Party, if any :

Constituency from which contested :

Date of declaration of result :

Date ofExpenditure

1

Nature ofExpenditure

2

Amount ofPaid

3

ExpenditureOutstanding

4

Date ofPayment

5

Name andAddress of

Payee

6

S.No. ofVoucher in caseof amount paid

7

S.No. of Bill incase of an

amountoutstanding

8

Name &Address ofpersons towhom the

amountoutstanding is

payable

9

Remarks

10

* Certified that this is a true copy of the account kept by me/my election agent undersection 77 of the Representation of the People Act, 1951

* Certificate to be furnished afterthe date of declaration of the result Signature of the Contesting Candidate

N.B. :1. This Register must be accompanied by an abstract Statement of election expenses and an affidavit in the prescribed formats. No return of expenditure will be accepted as

complete without the abstract Statement of election expenses and the affidavit.

2. Vouchers may not be attached only in respect of those items which are listed in Rule 86(2) of the Conduct of Elections Rules, 1961 like postage, travel by rail. For anyvoucher not attached vide this rule an explanation to the effect that it was not practicable to obtain the required vouchers must be given in, the prescribed Register.

3. The account shall be countersigned by the candidate if it is lodged by his election agent and should be certified by the candidate to the correct copy of the account kept.

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ANNEXURE-IIABSTRACT STATEMENT OF ELECTION EXPENSES

PART-I


Number and name of Constituency :

Nature of Election : By-Election/General Election

Date of filing of nomination paper :


PART-II

I. Were you a candidate set up by a Political Party : Yes/No

II. If yes, name of party :

III. Is the Party a recognised Political Party : Yes/No

IV. Has your party incurred/authorised expensesin your election : Yes/No

V. Has any other political party incurred/authorisedexpenses in your election : Yes/No

If yes, name(s) of such political party(ies) : (1) ______________(2) ______________(3) ______________

VI. Has any other association / organisation bodyincurred / authorised expenses in your election : Yes/No

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If yes, give name(s) of suchassociation(s)/organisation body(ies) : (1) ______________

(2) ______________(3) ______________

VII. Has any other individual (other than you andyour election agent incurred/authorisedexpenses in your election : Yes/No

If yes, give name(s) of such individual(s) : (1) ______________(2) ______________(3) ______________

The amount of expenditure incurred/authorised on -

(i) Public meetings, processions, etc.

(ii) Campaign materials, like, handbills, posters, video andAudio cassettes, loudspeakers etc.

(iii) Vehicles used and POL expenditure on such vehicles.

(iv) Erection of gates, arches, cutouts, etc.

(v) Visits of VIPs to the constituency

(vi) Other misc. Expenses

i. Rs._____________________________

ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________

v. Rs._____________________________

vi. Rs._____________________________

Total __________________________________

TOTAL EXPENSES INCURRED

PART IIIABSTRACT OF EXPENDITURE ON ELECTION BY

THE CANDIDATE/HIS ELECTION AGENT

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1. Political party that had set up the Candidate

NAME OF THE PARTY

a) The lumpsum amount given for electoral campaignb) The amount of expenditure incurred/authorised on-

i. Public meetings, processions, etc. of the candidateii. Campaign material, like, handbills, posters, video and

audio cassettes, loudspeakers etc. supplied to the candidateiii. Vehicles supplied to the candidate and POL

expenditure on such vehicles.iv. Erection of gates, arches, cutouts etc.v. Visits of party leaders to the constituencyvi. Other Misc Expenses


PART IVABSTRACT OF EXPENDITURE ON ELECTION BY

THOSE SUPPORTING THE CANDIDATE

TYPE OF SUPPORTER

(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

II. Other Political Party(ies) SupportingThe candidate

NAME OF THE PARTY



audio cassettes, loudspeakers etc. supplied to the candidateiii. Vehicles supplied tothe candidate and POL


(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

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III. Other Organisation(s)/Association(s)/bodies supportingThe candidate

NAME OF THE ASSOCIATION/ORGANISATION/BODY





IV. Individual(s) supporting the candidate

NAME OF THE INDIVIDUAL





(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

GRAND TOTAL OF I, II, III, IVabove________________________________________

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PART VDETAILS OF EXPENDITURE ON VEHICLES USED

(i) Vehicles supplied to candidate by his Political Party or any other association/organisation/body or by any other

individual (other than the candidate/his election agent.

Name of the Party/association/organisation/body/individual whosupplied the vehicles

Regn. No. of Vehicle Type of Vehicle No. of days forwhich used

Expenditure incurred onPOL, maintenance anddrivers salary etc./hiringcharges

(ii) Vehicles on which candidate/election agent himself incured/authorised expenditure and which were used with due

intimation to the DEO/RO or the officer(s)/designated by him in this regard.

Regn. No. of Vehicle Type of Vehicle No. of days for which

used

Expenditure incurred on

POL, maintenance and

drivers salary etc./hiring

charges

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PART VIDETAILS OF EXPENDITURE ON PUBLIC MEETINGS

(i) Public meetings held by his political party/any other association/organisation/body any other individual (other than

the candidate/his election agent)

Name of the Party/association/organisation/individual who held orconvened the meeting

1

Othermiscellaneousexpenses

7

Date ofMeeting

2

Venue ofMeeting

3

Name of Authorityfrom whompermissionobtained

4

Cost of erectingpandal and hiringof furniture andfixtures

5

Cost of hiringLoudspeakersandMicrophones

6

Total

8

Date ofMeeting

1

Name of Authority fromwhom permissionobtained

3

Total

7

Other miscellaneousexpenses

6

Cost of hiringLoudspeakers andMicrophones

5


4

Venue ofMeeting

2

(ii) Public meetings held or convened by the candidate/his election agent.

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ANNEXURE-III(FORM OF AFFIDAVIT)

Before the District Election Officer ...................................................................... ( S t a t e ) /Returning Officer for ................................................ Parliamentary/Assembly Constituency in theUnion Territory of .........................................

Affidavit of Shri ..................................................................... S/o .................................I ................................................ son/wife/daughter of ...................................................

aged ....................... years ..................................................... r/o ......................................... do herebysolemnly and sincerely state and declare as under :—

(1) That I was a contesting candidate at the general election/bye election to the House ofthe People/Legislative Assembly of ................................................ from ..........................................................Parliamentary/Assembly Constituency, the result of which was declared on .....................................

(2) That I’my election agent kept a separate and correct account of all expenditurein Connection with the above election incurred or authorised by me or my election agentbetween ..................................... (the date on which I was nominated) and the date of declaration ofthe result thereof, both days inclusive.

(3) That the said account was maintained in the Register furnished by the ElectionCommission for the purpose and the said Register itself is annexed hereto with supporting vouchers/bills mentioned in the said account.

(4) That the account of my election expenditure as annexed hereto includes all items ofelection expenditure incurred or authorised by me or by my election agent and nothing has beenconcealed or withheld/suppressed therefrom.

(5) That the Abstract Statement of Election Expenses annexed as Annexure II to the saidaccount also includes all expenditure incurred or authorised by any political party or any otherassociation/organisation/body or any other individual(other than myself and my election agent) whosupported my candidature.

(6) That the statements in the foregoing paragraphs (I) to (5) are true to the best of myknowledge and belief, that nothing is false and nothing material has been concealed.

DeponentSolemnly affirmed/sworn by ................................................................................... at this day of199Before me,

(Signature and seal of the Attesting authority, i.e. Magistrate of the First Class or Oath Commissionor Notary Public)

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No. 76/98/JUD-II Dated : 18th Jaunary, 1998

To(1) All Recognised National and State parties(2) All Registered-unrecognised parties

Subject : Lodging of accounts of election expenses by candidates - revised proforma - regarding

Sir,I am directed to invite your attention to the Commission’s Orders No. 76/93/JS-II, dated the 17th

December, 1993 and No. 76/ES003/94-J.S.II, dated 31st August, 1994, (reproduced in the Handbook forCandidates, 1998 edition, and also as items 120 and 122 in the Compendium of Instructions on Conduct ofElections 1998), on the subject citied.

2. As per the existing orders of the Commissiion, referred to above, every candidate as an election tothe House of the People or the Legislative Assembly of a State is required to keep a correct and separate accountof his day-to-day election expenditure in the Register prescribed for the purpose by the Commission vide its orderdated 31st August, 1994. Alongwith the account of election expenses as maintained in the said Register, thecandidate was previously also required to furnish an Abstract Statement of Election Expenses, verified by anaffidavit, prescribed vide the said order.

3. The Commission has reviewed the formats of the said Register and the Abstract Statement of ElectionExpenses, as well as the supporting affidavit, in the light of the decision of the Supreme Court in the case ofCommon Cause vs. Union of India and Others (AIR 1996 SC 3081) relating to rendering of accounts of electionexpenses by candidates under Sections 77 and 78 of the Representation of the People Act 1951. The SupremeCourt has held and directed, inter alia, in the Common Cauase case as follows:

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“5. A political party which is not maintaining, audited and authenticated, accounts and hasnot filed the return of income for the relevant period, cannot, ordinarily, be permitted to saythat it has incurred or authorised expenditure in connection with the election of itscandidates in terms of Explanation 1 to Section 77 of the R.P. Act.

6. That the expenditure, (including that for which the candidate is seeking protection underExplanation (1) to Section 77 of the R.P.Act) in connection with the election of a candidate- to the knowledge of the candidate or his election agent - shall be presumed to have beenauthorised by the candidate or his election agent. It shall, however, be open to thecandidate to rebut the presumption in accordance with law and to show that part of theexpenditure or whole of it was in fact incurred by the political party to which he belongsor by any other association or body of persons or by an individual (other than thecandidate or his election agent). Only when the candidate discharges the burden andrebuts the presumption he would be entitled to the benefit of Explanation (1) to Section77 of the R.P.Act.

7. The expression “conduct of election” in Article 324 of the Constitution of India is wideenough to include in its sweep, the power of the Election Commission to issue - in theprocess of the conduct of elections - directions to the effect that the political parties shallsubmit to the Commission for its scrutiny, the details of the expenditure incurred orauthorised by the political parties in connection with the election of their respectivecandidates”.

4. On such review of the formats of the aforesaid Register, Abstract Statement of Election Expenses andthe supporting affidavit; in the light of the Supreme Court’s directions in the Common Cause case, no change hasbeen considered necessary in the format of the aforesaid Register, the particulars whereof correspond to theprovisions of rule 86 of the Conduct of Elections Rule, 1961. The Commission has, however, changed the formatof the Abstract Statement of Election Expenses, which the candidate has to furnish along with his account ofelection expenses, having regard to the aforesaid decision of the Supreme Court in the Common Cause case.Further, the format of the supporting affidavit by the candidate has also been correspondingly revised. In therevised format for the Abstract Statement of Election Expenses, the candidate shall have to furnish details of theexpenditure incurred by the (i) political party which has set him up, (ii) any other political party supporting him,(iii) any other association/organisation/body supporting him, and (iv) any other individual supporting him.

169

5. A copy each of the formats of (i) the aforesaid Register (which has not been changed), (ii) revisedAbstract Statement of Election Expenses and (iii) revised supporting’ affidavit by the candidate, is forwardedherewith.

6. It should be ensured that every candidate set up by your party submits the above mentioned AbstractStatement of Election Expenses and supporting affidavit in the revised formats, while lodging his account of electionexpenses with the District Election Officer under Section 78 of the Representation of the People Act, 1951.

7. The receipt of this letter may be acknowledged immediately.

Yours faithfully,

(K.J. RAO)SECRETARY

Copy forwarded for information and necessary action to the Chief Electoral Officers of all States and UTs

(K.J. RAO)SECRETARY

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ANNEXURE-IREGISTER FOR MAINTENANCE OF DAY TO DAY ACCOUNTS OF ELECTION

EXPENDITURE BY CONTESTING CANDIDATES


Name of the Political Party, if any :

Constituency from which contested :


Date ofExpenditure

1

Nature ofExpenditure

2

Amount ofPaid

3

ExpenditureOutstanding

4

Date ofPayment

5

Name andAddress of

Payee

6

S.No. ofVoucher in caseof amount paid

7

S.No. of Bill incase of an

amountoutstanding

8

Name &Address ofpersons towhom the

amountoutstanding is

payable

9

Remarks

10

* Certified that this is a true copy of the account kept by me/my election agent undersection 77 of the Representation of the People Act, 1951

* Certificate to be furnished afterthe date of declaration of the result Signature of the Contesting Candidate

N.B. :1. This Register must be accompanied by an abstract Statement of election expenses and an affidavit in the prescribed formats. No return of expenditure will be accepted as

complete without the abstract Statement of election expenses and the affidavit.

2. Vouchers may not be attached only in respect of those items which are listed in Rule 86(2) of the Conduct of Elections Rules, 1961 like postage, travel by rail. For anyvoucher not attached vide this rule an explanation to the effect that it was not practicable to obtain the required vouchers must be given in, the prescribed Register.

3. The account shall be countersigned by the candidate if it is lodged by his election agent and should be certified by the candidate to the correct copy of the account kept.

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ANNEXURE-IIABSTRACT STATEMENT OF ELECTION EXPENSES

PART-I


Number and name of Constituency :

Nature of Election : By-Election/General Election

Date of filing of nomination paper :


PART-II

I. Were you a candidate set up by a Political Party : Yes/No

II. If yes, name of party :

III. Is the Party a recognised Political Party : Yes/No

IV. Has your party incurred/authorised expensesin your election : Yes/No

V. Has any other political party incurred/authorisedexpenses in your election : Yes/No

If yes, name(s) of such political party(ies) : (1) ______________(2) ______________(3) ______________

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VI. Has any other association / organisation bodyincurred / authorised expenses in your election : Yes/No

If yes, name(s) of suchassociation(s)/organisation body(ies) : (1) ______________

(2) ______________(3) ______________

VII. Has any other individual (other than you andyour election agent incurred/authorisedexpenses in your election : Yes/No

If yes, give name(s) of such individual(s) : (1) ______________(2) ______________(3) ______________

The amount of expenditure incurred/authorised on -Public meetings, processions, etc.

Campaign materials, like, handbills, posters, video andAudio cassettes, loudspeakers etc.

Vehicles used and POL expenditure on such vehicles.

Erection of gates, arches, cutouts, etc.

Visits of VIPs to the constituency

Other misc. Expenses

i. Rs._____________________________

ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________

v. Rs._____________________________

vi. Rs._____________________________

Total __________________________________


PART IIIABSTRACT OF EXPENDITURE ON ELECTION BY

THE CANDIDATE/HIS ELECTION AGENT

173

1. Political party that had set up the Candidate

NAME OF THE PARTY






PART IVABSTRACT OF EXPENDITURE ON ELECTION BY

THOSE SUPPORTING THE CANDIDATE

TYPE OF SUPPORTER

(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

II. Other Political Party(ies) SupportingThe candidate

NAME OF THE PARTY





(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

174

III. Other Organisation(s)/Association(s)/bodies supportingThe candidate

NAME OF THE ASSOCIATION/ORGANISATION/BODY





IV. Individual(s) supporting the candidate

NAME OF THE INDIVIDUAL





(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

(a) Rs._____________________________(b) Rs._____________________________

i. Rs._____________________________ii. Rs._____________________________

iii. Rs._____________________________

iv. Rs._____________________________v. Rs._____________________________vi. Rs._____________________________

Total __________________________________

GRAND TOTAL OF I, II, III, IVabove________________________________________

175

PART VDETAILS OF EXPENDITURE ON VEHICLES USED

(i) Vehicles supplied to candidate by his Political Party or any other association/organisation/body or by any other

individual (other than the candidate/his election agent.

Name of the Party/association/organisation/body/individual whosupplied the vehicles

Regn. No. of Vehicle Type of Vehicle No. of days forwhich used

Expenditure incurred onPOL, maintenance anddrivers salary etc./hiringcharges

(ii) Vehicles on which candidate/election agent himself incured/authorised expenditure and which were used with due

intimation to the DEO/RO or the officer(s)/designated by him in this regard.

Regn. No. of Vehicle Type of Vehicle No. of days for which

used

Expenditure incurred on

POL, maintenance and

drivers salary etc./hiring

charges

176

PART VIDETAILS OF EXPENDITURE ON PUBLIC MEETINGS

(i) Public meetings held by his political party/any other association/organisation/body any other individual (other than

the candidate/his election agent)

Name of the Party/association/organisation/individual who held orconvened the meeting

1

Othermiscellaneousexpenses

7

Date ofMeeting

2

Venue ofMeeting

3

Name of Authorityfrom whompermissionobtained

4


5

Cost of hiringLoudspeakersandMicrophones

6

Total

8

Date ofMeeting

1

Name of Authority fromwhom permissionobtained

3

Total

7

Other miscellaneousexpenses

6

Cost of hiringLoudspeakers andMicrophones

5


4

Venue ofMeeting

2

(ii) Public meetings held or convened by the candidate/his election agent.

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ANNEXURE-III(FORM OF AFFIDAVIT)

Before the District Election Officer ...................................................................... ( S t a t e ) /Returning Officer for ................................................ Parliamentary/Assembly Constituency in theUnion Territory of .........................................

Affidavit of Shri ..................................................................... S/o .................................I ................................................ son/wife/daughter of ...................................................

aged ....................... years ..................................................... r/o ......................................... do herebysolemnly and sincerely state and declare as under :—

(1) That I was a contesting candidate at the general election/bye election to the House ofthe People/Legislative Assembly of ................................................ from ..........................................................Parliamentary/Assembly Constituency, the result of which was declared on .....................................

(2) That I/my election agent kept a separate and correct account of all expenditurein Connection with the above election incurred or authorised by me or my election agentbetween ..................................... (the date on which I was nominated) and the date of declaration ofthe result thereof, both days inclusive.

(3) That the said account was maintained in the Register furnished by the ElectionCommission for the purpose and the said Register itself is annexed hereto with supporting vouchers/bills mentioned in the said account.

(4) That the account of my election expenditure as annexed hereto includes all items ofelection expenditure incurred or authorised by me or by my election agent and nothing has beenconcealed or withheld/suppressed therefrom.

(5) That the Abstract Statement of Election Expenses annexed as Annexure II to the saidaccount also includes all expenditure incurred or authorised by any political party or any otherassociation/organisation/body or any other individual(other than myself and my election agent) whosupported my candidature.

(6) That the statements in the foregoing paragraphs (1) to (5) are true to the best of myknowledge and belief, that nothing is false and nothing material has been concealed.

DeponentSolemnly affirmed/sworn by ................................................................................... at this day of199Before me,

(Signature and seal of the Attesting authority, i.e. Magistrate of the First Class or Oath Commissionor Notary Public)

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No. 76/98/J.S.II/ Date 19.1.1998


Subject : General Elections/Bye-Elections - Instructions for guidance of contesting candidates for lodgingtheir accounts of election expenses - Inspection of accounts of election expenditure as an additionalmeasure -regarding.

Sir,I am directed to invite your attention to the Commission’s letter No.76/96/J.S.II, dated 12.1.1996, on theabove subject, as reproduced at item No.123 at p.287 of Compendium of Instructions on Conduct of Elections,1998 Edition.

2. As per standing instructions contained therein, the contesting candidates are required to maintaintheir election expenditure account in the prescribed register on day-to-day basis. They are also required to makeavailable the said register, with supporting documents, for inspection, at any time during the process of election,to the District Election Officers/Returning Officers/Election Expenditure Observers appointed by the Commissionor any other such authority nominated by the Commission in this behalf. It has also been clarified that the failureto produce this register, on demand, will be considered as a major default.

3. The Commission has now decided that the contesting candidates shall make available the saidregister, with supporting documents, for inspection, only once in three days. In non-metropolitan ParliamentaryConstituencies, which geographically cover large areas, the expenditure register may be shown by them either tothe District Election Officer/Returning Officer, or to any of the Assistant Returning Officers whose office isconsidered to be nearest or easily approachable by them on any such occasion of inspection. In addition, the


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179

District Election Officers may also designate an officer in each Assembly Constituency/segment for suchinspection.

4. You are requested to bring the contents of this letter to the notice of all concerned for their informationand compliance.

5. The receipt of this letter may kindly be acknowledged.Your faithfully,

(K.J. RAO)SECRETARY

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No. 76/98/J.S.II/ Date 19.1.1998

To1. Recognised National Parties2. Recognised State Parties3. Registered Un-recognised Parties who have been allotted exclusive symbols.

Subject : Maintenance of Accounts of election expenses by contesting candidates - Proformaof register for submissions thereof - regarding.

Sir,I am directed to state that the Commission, while making an over all assessment of poll related issues inthe Country on the dissolution of the Lok Sabha on 4th December, 1997, and keeping in view the then existinglow ceilings on election expenditure prescribed for candidates, had taken the view that the following items shouldbe excluded from the items of expenditure, for which every candidate has to account for in his return on theexpenses incurred by him in any election :-

(i) Cost of nomination form,(ii) Expenditure on security deposit, and(iii) Expenditure on purchase of electoral rolls and issue of unofficial identity slips for canvassing.

2. However, because of the substantial enhancement in the said ceilings on expenditure on 31.12.1997,the Commission has now decided not to exclude these items, and accordingly the expenditure on these items willcontinue to be accounted for by the candidates in their election expenses returns.

3. A copy of the Press Note dated 5.1.1998 issued by the Commission in this behalf is enclosed for yourinformation.


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181

4 I am also to forward herewith a copy of the Commission’s letter of even No. dated 19.1.1998issued to all Chief Electoral Officers containing revised instructions with regard to inspection of accounts ofelection expenses of candidates, by the Commission’s Observers and other Election authorities. You may bringthe contents of that letter to the notice of all candidates set up by your party, for their information and strictcompliance.

Yours faithfully,

(K.J. RAO)SECRETARY

182


Dated : 5th January, 1998

PRESS NOTE

The 11th Lok Sabha was dissolved by the President of India on 4.12.1997. While dissolvingthe 11th Lok Sabha, President directed that 12th Lok Sabha should be constituted by 15th March, 1998.On 5.12.1997, the Election Commission of India, while making an over all assessment of poll related issuesin the Country, and keeping in view the low ceilings on election expenditure prescribed for candidates, hadtaken the view that the following three items should be excluded from the list of items of expenditure, forwhich every candidate has to account for in his return on the expenses incurred by him in any election;

(i) Cost of nomination Form,(ii) Expenditure on security deposit,(iii) Expenditure on purchase of electoral rolls and issue of unofficial identity slips for

convassing.2. The Election Commission of India had consistently been holding the view that ceilings on

expenses for candidates in Lok Sabha and Assembly elections were unrealistically low, and had beenrepeatedly recommending to the Government to bring in necessary changes in the law by which theseamounts were raised to reasonably realistic level. Now, the Government has amended the relevant ruleprescribing maximum limits on election expenditure. Such limits have been raised from Rs. 4.5 lakhs toRs. 15 lakhs. in the case of Parliamentary Constituencies and from Rs. 1.5 lakh to Rs. 6 lakh in the caseof Assembly Constituencies for bigger State with suitable variations in respect of the smaller States. Theexpenses incurred by the political parties are still outside the purview of these limits, though theCommission has been recommending that the said limits should be all inclusive, including the expenditureincurred by a political party in relation to a particular candidate.

3. Taking this revised scenario into account, the Commission is now of the view that the above limitedconcession in the form of exemption of expenditure on the aforementioned three items will no longer beneeded by the candidates. Accordingly, they will be continue to account for the above items of expenditurein their returns, as was as being done hitherto.

183


No. 76/98/J.S. II Dated : 30th October, 1998

To

The Chief Electoral Officers ofall States and Union Temtories.

Subject : Daily accounts of election expenditure to be maintained by contesting candidates in prescribedRegister - submission to the officers/Expenditure Observers for scrutiny - compliance - regarding.

SirI am directed to state that as a measures to curb and keep a check on the tendency towards excessive

expenditure in electioneering, the Commission has devised a Register containing a detailed proforma that is to befilled up and maintained on a continuous day-to-day basis by all contesting candidates on their electioneeringcampaigns. Vide Commission’s letter No.76/98/JS-II dated 19.1.1998 it has been directed that the DistrictElection Officer should nominate/designate officers located within the district, before whom a contesting candidateshould produce periodically the Register of his day-to-day election expenses account, for the purposes ofinspection and scrutiny. Reacting to the views expressed by some political parties. the Commission had furtherissued instructions vide the above letter that though the accounts of election expenses are to be maintained on dailybasis, the same need be submitted to the designated officer for the purpose of inspection and scrutiny only oncein three days.

2. It has come to the notice of the Commission that in some instances certain candidates have not caredto show the Registers of their daily election expenses to the designated officers, or even the Observers appointedby the Commission despite the same having been asked from them.

3. Obviously it raises a reasonable presumption that the accounts of expenses are not being maintainedon a daily basis as required under the law, in these cases. but are being prepared after the election process is overin a manner which does not give a true account of the expenses that were indeed incurred by the candidate. TheCommission, therefore. directs that where a candidate does not produce the Register containing his daily account

184

of election expenses, before the designated officer/Observer, despite notice, the District Election Officer shallcause a complaint to be lodged under Section 171-I of Indian Penal Code against the errant candidates.

4. In addition to this. the fact whether a candidate has submitted the Register showing his daily accountof expenditure to the designated officer/Expenditure Observer, for his scrutiny on timely basis. and whether anyaction has been taken against any candidate for non-compliance in this respect should be explicitly mentioned inthe remarks column of the report that the District Election Officer furnishes to the Commission under Rule 89 (1)of the Conduct of Election Rules, 1961 (Annexure XLIX to Returning Officers Handbook) to the effect whetherthe candidates have filed their returns of expenditure on elections or not.

5. This may be brought to the notice of all concerned, particularly the contesting candidates. so that theyare well aware of the penal consequences that they may have to suffer if they do not furnish the Registers showingtheir election expenses to the designated officer/Observers at the appropriate time.

Yours faithfully

(K.J. RAO)SECRETARY

185


No. 52/2/98/(P)-PLN-IV Date 27.4.1998


Subject : Election Material - Loan to State Election Commissioner for the conduct of election to localbodies - Delegation to the Chief Electoral Officers.

Sir,

In supersession of all existing instructions and directions on the subject of loaning of electionmaterials to the State Election Commissions for the conduct of election to local bodies, the Commission herebydirects that the Chief Electoral Officers are delegated the power to consider the requests made by the StateElection Commissioners for the loan of election materials for the conduct of elections to local bodies and to loanthe materials to the said authority. However, while considering the requests made by the State ElectionCommissions, the Chief Electoral Officers shall take into account the following broad parameters:

1. Loaning of election materials shall be suspended with effect from the date of announcement ofgeneral election from the State/Union Territory concerned.

2. Chief Electoral Officers should ensure that the election material loaned is returned back well intime for the purpose of said elections.

3. Consumable materials which can be put to only one time use like indelible ink, paper for printing ofballot papers, etc. are not be loaned but can be supplied subject to payment of cost. However, insuch cases, to be sure that they have excess quantity of such material and that these will not bein a condition to be put to use for the next elections to Parliament or State Legislature.

4. However, while supplying election material with short shelf life, the Chief Electoral Officers shallensure that material which has exceeded the prescribed shelf life (like 6 months from the date ofmanufacture in the case of indelible ink) is not given to State Election Commissions.


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5. The cost of consumable items which can be used only one time shall be recovered from the StateElection Commissions.

6. The Chief Electoral Officers shall ensure that the non-consumable materials liKe ballot boxes loanedto State Election Commissions are returned promptly by the promised date and in good condition.

The above parameters may be kept in view while loaning of election material to State ElectionCommissions.

Yours faithfully,


Copy to:The State Election Commissioners ofAll States & Union Territories.

187



No. 22/2/98/PLN- II Dated : 24th January, 1998

To

The Chief Electoral Officers ofall States and Union Territories.

Subject : Electoral Rolls — Supply of certified copy of the relevant entries in the electoral roll by ERO

SirI am directed to state that under the provisions of existing law, a person who is an elector in any

parliamentary constituency can contest the election for Lok Sabha from any parliamentary constituency in anyState (except Sikkim Lakshadweep and Autonomous Districts of Assam). Under the provisions of Section 33(5)of the Representation of the People Act, 1951, if the candidate is an elector of a different constituency, a copyof the electoral roll of that constituency or of the relevant part thereof, or a certified copy of the relevant entriesin such roll shall be filed along with the nomination papers.

2. It has been brought to the notice of the Commission that a person whose name is registered as anelector in one of the assembly constituencies in a certain State has applied for a certified copy of the entry in theelectoral roll and the ERO of the constituency has supplied him with a certified copy thereof which is entirely inthe regional language,. If that individual wants to contest an election from any other State where that regionallanguage is not known, the Returning Officer of the parliamentary constituency in the other State would find itdifficult to either read or understand the contents of the certified copy of the roll filed by the candidate.

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3. This may be the case in respect of all other States and Union Territories also where the electoral rollsare prepared in regional language only.

4. In order to facilitate such candidates to contest elections to Lok Sabha from any parliamentaryconstituency in any State, other than the State in which he is registered as an elector, the Commission herebydirects as follows:

i) If any person applies for a certified copy of the entry in the Electoral Roll, the ERO shall supplyhim with a certified copy of the entry in the language in which the roll of that constituency isprinted.

ii) However, if the person wants an English version of the certified copy, that person has to getEnglish version of the certified copy prepared on his own and produce the same in Englishversion, along with the original certified copy given to him, before the ERO concerned. TheERO, after satisfying himself that the English version produced by the person is a true copy ofthe original in regional language, shall certify that English version.

iii) The ERO shall also keep, for his record, a copy of such English version also for any futurereference.

5. The above instructions may be brought to the notice of all DEOs/EROs/AEROs immediately for strictcompliance.


Yours faithfully,


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No. 458/4/98/PLN-IV/ Dated : 3rd February, 1998

To

1. The Chief Secretaries/Chief AdministratorsOf All States and Union Temtories.

2. The Chief Electoral Officers ofAll States and Union Territories

Subject : General Elections, 1998 - Polling personnel - amenities - provision.Sir,

I am directed to state that the following pathetic conditions prevailing in the matter of some of thefacilities provided to the polling personnel deployed on election duty have been brought to the notice of theCommission.(1) The vehicles like trucks provided for the transport of polling parties from the disbursement centre to their

respective polling stations and back are often very dirty smeared with lime, cement, soil, cow-dung, etc.(2) The Truck are generally in bad shape with projecting sharp edged objects like nails, iron pieces and

wood splinters causing damage to clothes and scratches to the persons.(3) Ladies are the worst sufferers who have to board/travel in such trucks on bad roads.(4) Places like dharamshals where the polling parties are put for the night before the poll are found to be

foul smelling, stinking and unhygienic.(5) In some of the cases there were no proper lighting/power supply arrangements.(6) Lack of proper parking place at the distribution centres results in theft of vehicles and petrol from the

tanks of the vehicles.(7) Polling Personnel put on reserve duty are not paid allowances.

The polling personnel have a very important statutory role in the conduct of elections. The

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Commission is appalled by the conditions in which they are transported and lodged during the polling. TheCommission hereby issues the following directions for strict compliance:-

(a) Efforts should be made ‘to provide a neat, clean and hygienic place with minimum facilities forthe stay of the polling personnel on the night before the poll.

(b) Parking facility arrangements with guards for the safety of the vehicles deployed for the use ofthe polling personnel should be made.

(c) The DEOs/ROs shall ensure that the vehicles provided for the Transportation of the pollingparties and election material to and from polling stations are in good condition and shape andcompletely free from dirt and smell and fit for transportation.

(d) Polling personnel who are on reserve duty should also be paid the same allowances as paidto the personnel on duty.

Kindly acknowledge receipt.Yours faithfully,

(C R BRAHMAM)

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No. 458/4/98/PLN-IV/ Dated : 13th February, 1998

To

The Chief Electoral OfficersHaryana, Chandigarh

Subject : Packed lunch to policemen, Home Guards etc. on election related duty.Sir,

I am directed to refer to your letter No. Nirvachan-98/A.B.1567, dated 2.2.98 on the subject citedand to state that the Commission has approved that police personnel, Home Guards, Forest Guards, S.P.Os., etc.who are deployed for election related duty may be allowed the facility of packed lunch or cash payment of Rs.50/- in lieu thereof. The expenditure incurred on the above account may be treated as expenditure for the conductof election.

Yours faithfully,


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No. 4/98/J.S.II Date 10th March, 1998


Subject : General Elections to Lok Sabha, 1998 - requisition of vehicles - Payment of Compensation in caseof accident - Liability of insurance - regarding.

Sir,I am directed to invite your attention to Section 160 of the Representation of the People Act, 1951,

which inter-alia provides for requisitioning of vehicles, etc., for election purposes, and Section 161 of the said Actwhich provides for payment of compensation. Under these, there is no provision for compensation in respect ofsuch vehicles under requisition, in case of accident, loss or damage during the period of requisition.2. The matter was brought to the notice of Govt. of India, Ministry of Law and Justice (LegislativeDepartment) for its clarification In reply, the Ministry of Law and Justice has forwarded a copy of O.M. No.64(7)Ins.I/98, dated 24th February, 1998 of Ministry of Finance, which is self-explanatory. I am to forward acopy of Ministry of Law & Justice letter No. 7(2)/98-Leg.II, dated 2nd March, 1998, together with a copy ofMinistry of Finance, Department of Economic Affairs, Insurance Division, O.M. dated 24th February, 1998,referred to above.3. The instructions/directions contained in the above quoted O.M. dated 2.3.98 of the Ministry ofFinance are of standing nature and may be brought to the notice of all District Election Officers and otherconcerned authorities for their information and necessary action.

Yours faithfully,

(LALIT MOHAN)UNDER SECRETARY

Gram : ELECOMNEW DELHI Telex : ND 31 - 61312

Fax : 3713412/3739944

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No. 7 (2)/98-Leg. IIGovernment of India

Ministry of Law and JusticeLegislative Department

New Delhi, 2nd March, 1998

To

The Secretary,Election Commission of India,Nirvachan Sadan,Ashok Road, New Delhi.

Subject : General Election to Lok Sabha 1998 and certain Legislative Assemblies, 1998 —Requisition of Vehicle Payment of compensation in case of accident-

Liability of insurance.

Sir,I am directed to refer to the Commission’s letter No.4-98-JS-II/135 dated the 8th January, 1998 on

the above subject and to enclose herewith a copy of O.M. No. 64 (7)-Ins.I/9 dated 24.2.98 of Ministry ofFinance, Department of Economic Affairs, containing the requisite clarifications sought by the commission.

Yours faithfully

(Dr. D.B. Singh)Under Secretary to the Govt. of India

Tel.: 3389014

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No. 64 (7) - Ins. I/98Government of India, Ministry of Finance

Department of Economic AffairsInsurance Division

Lok Nayak Bhavan, Khan Market, New Delhi. the 24th Feb’98.

OFFICE MEMORANDUM

Subject : General Election to Lok Sabha, 1998 and certain Legislative Assemblies, 1998 -Requisition of Vehicles - Payment of Compensation in case of accident - Liabilityof Insurance.

The undersigned is directed to refer to the correspondence on the above subject resting withthe O.M. No. 7(2)/98-Leg.II dated 27th January.1998 from the Ministry of Law.

The matter has been examined in consultation with General Insurance Corporation of India.The following three situations may arise in respect of private vehicles requisitioned for election duty :

(1) The vehicles so requisitioned may have been comprehensively insured, which is notcompulsory.

(2) The insurance cover may be against third party risk only, which is compulsory.(3) The vehicle may be uninsured in breach of provisions of section 146 of Motor vehicles

Act.

It may be pointed out that while revising the Motor Tariff in the year 1990, the standardexclusion regarding insurance company's liability during the period of requision or comandeering by theGovernment for any purpose has been deleted from ; the insurance policy and thus there is no need for theendorsement on the policy during the period of requisition. The Motor insurance policy which may be inforce in respect of vehicles requisitioned for election duty need not be amended and only a notice to theconcerned insurance company by the insured for the vehicle to the effect that the vehicle has beenrequisitioned will suffice.

As regards vehicles falling under category (3) above, the Election Commission may ascertain the insurancestatus of the vehicles before election.

Sd/-

(Dr. D.C. Srivastava)DIRECTOR

ToMinistry of Law and Justice(Dr. D.B. Singh Under Secretary),Legislative Department.Shastri Bhavan,New Delhi

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No. 458/4/98/PLN-IV Dated: 1st June, 1998

ToThe Chief Electoral Officers,

1. Andhra Pradesh, 2. Assam, 3. Bihar, 4. Haryana5. Himachal Pradesh, 6. Jammu & Kashmir, 7. Karnataka8. Kerala, 9. Maharashtra, 10. Orissa, 11. Punjab12. Uttar Pradesh, and 13. Tripura.

Subject : Bye-elections in June, 1998 - Facilities at Polling Stations during the hot weatherconditions.

Sir,I am directed to state that the Commission, after taking into account the extreme heat and weather

conditions prevailing in most of the States during the first week of June, 1998, hereby directs that for the electionsbeing held on 3rd June, 1998 as the date of poll, as far as possible, the following precautions be taken andprovisions be made:

(i) Provide covered shelter for the electors at every polling station and if necessary havethe extra rooms available in the building opened for electors to take rest.

(ii) Make adequate arrangements at every polling station for storage of drinking waterin earthen pots and one employee or a daily wage earner shall be deployed atevery polling station to continuously refill the water pots.

(iii)Every polling party shall be supplied with oral rehydration medicines for their own useas well as for use in case of any voter needing the same due to heat stroke.

(iv)Every polling party shall be supplied with sugar and salt for oral rehydration therapypurposes.

(v) Have one page hand bills prepared by the Chief Medical Officers on “Dos andDon’ts” of heat stroke first aid and supply the hand bills to each of the polling

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parties.

(vi)The DEO of each district where the constituencies that are going to poll are locatedshall requisition the services of para medical staff from the offices of the ChiefDistrict Medical Officers and one such Para Medical Staff member shall accompanyevery mobile Patrol Unit and Sector Officer in their vehicles along with essentialheat-stroke medicines. Such mobile patrol units shall touch every polling stationonce in every hour so that instant medical assistance would be available to anyvoter needing such help besides the first aid facilities given to the polling parties.

(vii) Also appeal to the electors to carry wet towels to protect themselves againstdehydration and also advise women electors to avoid bringing children along withthem to polling stations due to hot weather conditions.

Kindly acknowledge receipt and confirm action taken.

Yours faithfully,


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No. 218/4/98/PLN-IV Dated: 23rd June, 1998

ToThe Chief Secretaries/Administrators,all States and Union Territories.

Subject : General Elections - Payment of honorarium - regarding.

Sir,It has been brought to the notice of the Commission that some anomalies exist in the matter

of payment of Honorarium to the officers appointed/designated as District Election Officers, RetumingCfficers, Assistant Retuming Officers, etc. for the conduct of general elections in the States. On the onehand some of the States have been granting a minimum of one month pay as honorarium to non-gazettedstaff for the conduct of elections, on the other officers designated by the Commission as DEOs, ROs,AROs, etc. are being paid Rs. 500/- to Rs. 200.

2. The above position has resulted in a situation where in some cases the staff in lower gradesare getting more amount as honorarium than the DEOs, R.Os. etc.

3. Taking into account the ground realities and in order to bring uniformity and to clarify anydoubts, the Commission has decided that -

(i) the payment of honorarium should be made equitable to all employeesdirectly connected with elections in the States and Union Territories.

(ii) Payment of such honorarium should not exceed the total pay of one monthof the concerned employees.

(iii) Such payments will be made in respect of all elections held to Parliament andAssemblies.

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(iv) The categories of staff who shall be eligible for payment of honorarium willbe decided by the State Government concerned in consultation with theChief Electoral Officer of the State/UT concerned.

Kindly acknowledge.Yours faithfully,

Copy to : The Chief Electoral Officers of (C.R. BRAHMAM)all States and all Union Territories SECRETARY

The Secretary to the Govt. of India,Ministry of Law & Justice, Legislative Department,New Delhi.

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No. 576/3/98/JS-II Date: 12-10-1998


Telex : ND 31-61312

Fax : 3713412/37399

To1. The Secretary

to the Govt. of India,Ministry of Home Affairs,North Block,New Delhi

2. The Chief Secretariesof all States/Union Territories.

Subject : Protection of voting rights of electors subjected to preventive detention.

Sir,I am directed to draw your attention to the subject of voting rights of electors subjected to

preventive detention.

2. Proviso of Sub-section (5) of Section 62 of Representation of the People Act, 1951confers voting right on the electors subjected to preventive detention. As per Rule 18 of C.E. Rules, 1961,the electors on preventive detention are entitled to cast their votes by post.

3. In this connection, your attention is invited to Rule 21(1) of C.E. Rules, 1961 whichprovides that the appropriate Govt. shall intimate to the Returning Officers, the names of the electors, ifany, subjected to preventive detention together with their addresses, electoral roll numbers and places ofdetention, within fifteen days of calling an election. This will enable the Returning Officers to send postalballot papers to such electors to facilitate the exercising of their frachise at the election.

4. The Commission desires that instructions be issued to the concerned authorities to ensure

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


Yours faithfully,

(K.J. RAO)SECRETARY

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No. 576/3/98/J.S.II Dated: 13th October, 1998

ToThe Chief Secretaries ofRajasthan, Madhya Pradesh,Mizoram and NCT of Delhi.

Subject : General Election to State Legislative Assemblies - Voting right of electorssubjected to preventive detention.

Sir,

I am directed to invite your attention to the Commission’s letter of even number dated 12thOctober, 1998 regarding voting right of electors subjected to preventive detention.

2. As mentioned in the above referred letter, Rule 21 of the Conduct of Elections Rules, 1961provides that the appropriate government shall within 15 days of calling an election, ascertain and intimateto the Returning Officer, the names of electors, if any, subjected to preventive detention together with theiraddresses, electoral roll numbers and particulars about their place of detention.

3. The Commission has announced, on 26th September, 1998. general elections to the StateLegislative Assemblies of Rajasthan, Madhya Pradesh, Mizoram and NCT of Delhi. Notification for thesaid general elections are scheduled to be issued on 30th October, 1998. You are requested to ensure thatthe names of electors who are under preventive detention in your State are furnished to the concernedReturning Officers alongwith other particulars as required under Rule 21 of the Conduct of ElectionsRules.

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1961. This would enable the Returning officers to issue postal ballot papers to such electors for them toexercise their franchise at the general election.

4. Receipt of this letter may kindly be acknowledged.

Yours faithfully,

(K.J. RAO)SECRETARY

203



No. 4/98-J.S. II Date: 15th October, 1998


Telex : ND 31-61312

Fax : 3713412/37399


Subject : Meaning of “Competent Court” referred to in Rule 93(1) of the Conduct ofElections Rules, 1961-Clarification regarding.

Sir,I am directed to invite your attention to sub-rule (1) of rule 93 of the Conduct of Elections

Rules, 1961 which stipulates that the election papers referred to there under shall not be opened and theircontents shall not be inspected by, or produced before, any person or authority except under the orders ofa Competent Court. The Commission has been receiving queries seeking clarification about the meaningof the word “Competent Court”.

2. It is hereby clarified that “Competent Court” within the meaning of sub-rule (1) of rule93 of the Conduct of Elections Rules, 1961 is any court having jurisdiction to try electoral offences etc.for the prosecution of which the documents mentioned in the said rule are required.

3. This also clarifies the reference to “Competent Court” made in the Commission’sinstructions at para 10.1 of Chapter XVIII of the Handbook for Returning Officers, 1998 pertaining todisposal of election papers.

4. The above clarification may be brought to the notice of all concerned in your State/UnionTerritory for their information and guidance.

5. Kindly acknowledge receipt.Yours faithfully,

(K.J. RAO)SECRETARY

204


No. 576/11/98-JSII Dated: 21st November, 1998

ToThe Chief Electoral Officers of allStates and Union Territories.

Subject : Maintenance of Presiding Officers’ Diary and preparation of Ballot Paper Account byPresiding Officers- Steps to prevent irregularities - regarding.

Sir,I am directed to invite your attention to the Commission’s Order No. 576/I 1/(ESO27)/95/JSII,

dated 5th January, 1995 and to say that it has been observed by the Commission at the recently concluded generalelections to the House of the People and various Legislative Assemblies held in February/March 1998 that theirregularities mentioned in the aforesaid Order are still committed by the Presiding Officers at the polling stationsinspite of clear instructions contained therein. The Commission has taken a very serious note of these irregularitiesparticularly those mentioned below.

(a) In a large number of cases. the Presiding Officers’ diaries were found to have not been filled inall respects and many items were either left blank or were not adequately answered so as to reflect the true pictureof the proceedings at the polling stations as and when the same took place. In particular item 18 showing thenumber of votes polled during every two hourly period did not seem to have been filled regularly at the end ofthe two hourly interval, but seemed to have been filled after the close of poll on the basis of some conjecturalcalculations.

(b) It has also been observed that in many cases, the Ballot Paper Account in Part I of Form 16 wasnot properly and accurately prepared with the result that there were discrepancies in the number of ballot paperssupposed to be contained in the ballot box(es) of a polling stations and the number of ballot papers actually foundtherein and there was a lot of wastage of valuable time and effort to reconcile those discrepancies.

(c) In some cases, ballot papers were not detached from their counterfoils before issue to electors

205

and ballot papers were inserted into the ballot boxes along with their counterfoils intact which could lead toviolation of secrecy of vote.

2. It hardly needs to be emphasized that such irregularities may vitiate the entire poll proceedings at thepolling stations requiring a fresh poll in appropriate cases. In order to ensure that such irregularities are notcommitted by the Presiding Officers and Polling Officers in the conduct of poll at the polling stations, theCommission hereby directs that

(a) The Presiding Officer shall fill up the Presiding Officers diaries in accordance with theinstructions contained in Chapter XXI of the Hand Book for Presiding Officers. The Presiding Officers shallalso prepare a complete and accurate of account of ballot papers in accordance with the instructionscontained in paragraph 3.1 of chapter XX of the Handbook for Presiding Officers;

(b) An attested true copy of the ballot paper account shall be furnished to every polling agent presentat the closing of poll after obtaining the receipt from the polling agent;

(c) It may also be brought to the notice of all the Presiding Officers that in case any irregularities orlapse is observed on the part of any Presiding Officer or Polling Officer, the same will~be viewed with the utmostconcern by the Commission and the defaulting officers will not only be visited with penalty under the disciplinaryrules, but they will also be liable for prosecution under Section 134 of the Representation of the People Act, 1951.

3 The above instructions may kindly be provided to the notice of all Presiding Officers, ReturningOfficers, District Election Officers and other officers connected with the conduct of elections in your State for strictcompliance at all elections including the elections scheduled to be held on 25th November, 1998.

4 Receipt of this letter may kindly be acknowledged.

Yours faithfully,

(K.J. RAO)SECRETARY

206

ELECTION COMMISSION OF INDIANirvachan Sadan. Ashoka Road, NEW DELHI-110001


No. 218/6/98/PLN-I Dated: 25th November, 1998

To1. The Secretary to the

Govt. of India,Ministry of Law, Justice& Company Affairs,(Legislative Department)New Delhi

2. The Chief Secretaries ofall States of Union Territories

3. The Chief Electoral Officers ofall States & Union Territories

Subject : General Elections/Bye Elections to the House of the People & Legislative Assemblies -Payment of ex-gratia compensation to the families of polling personnel who die or sustaininjuries while on election duty-regarding.

Sir,I am directed to invite your attention to Commission’s letter No. 218/6/96-PS-II, dated 8th October,

1996 (copy enclosed for ready reference) on the subject cited and to state that Central/State Governments wereadvised therein that quantum of compensation to be given to the families of polling personnel in the event of theirdeath/injury while on election duty may be decided by them on the line of model adopted by the Government ofAndhra Pradesh.

The Commission has further examined the matter and keeping in view the fact that drivers, helpers,cleaners actually employed on vehicles not owned by State or Central Government or their Undertakingsrequisitioned for election purpose also perform their duties similar to polling personnel, they should also be treatedas polling personnel on election duty.

The Commission, therefore, desires that reasonable and generous compensation to the families of

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drivers, helpers, cleaners who die or are injured while on election duty and when actually employed on vehiclesrequisitioned for election purpose, may also be granted benefits on the same criteria, as in the case of pollingpersonnel.


Yours faithfully,

(K.J. RAO)

208


No. 218/6/96-PS-II Dated: 8th October, 1996

To1. The Secretary to the

Government of India,Ministry of Law, Justice& Company Affairs,(Legislative Department)New Delhi

2. The Chief Secretaries ofAll States of Union Territories(Except Andhra Pradesh andJammu and Kashmir)

3. The Chief Electoral offecers of allStates and Union Territories( Except Andhra Pradesh andJammu and Kashmir)

Subject : Payment of ex-gratia compensation to the families of polling personnel who die or sustaininjuries while on election duty.

Sir,I am directed to inform you that at present there is no uniform yardstick for payment of ex-

gratia compensation to the families of polling personnel who die or sustain grievous injuries while onelection duty. The quantum of compensation paid varies from State to State. In some States nocompensation is paid to polling personnel who die or sustain injuries during their course of duties.

2. The expenditure on account of payment of ex-gratia compensation to the polling personnel iswholly borne by Government of India during elections to Lok Sabha and by the State Government duringelections to Legislative Assemblies and shared on a 50:50 basis during simultaneous elections toLok Sabha and Legislative Assembly by the Government of India and coneerned State Governments. Theshare of the Government of India is paid by the Ministry of Law, Justice and Company Affairs (LegislativeDepartment).

209

3. The Commission feels that reasonable and generous compensation for families of pollingpersonnel in the event of their death/injury while on election duty is essential. States Governments are freeto decide on the quantum of compensation. Commission would like to bring to your notice the modeladopted by the Government of Andhra Pradesh in the matter which is quite reasonable. A copy of the sameis enclosed herewith. Other State Governments may consider to issue suitable orders similar to the modelof the Andhra Pradesh Government in the matter. A copy of the order issued by the State Governmentsto notify the quantum of compensation may kindly be forwarded to the Commission for its informationand record.4. Kindly acknowledge the receipt.

Yours faithfully,

(ARCHNA ARORA)SECRETARY

STANDARD DISTRIBUTION(Hindi Version follows)R.D.

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GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

ELECTIONS : Death/Permanent incapacitation in the course of discharge of duties in connection with theensuring Genl. Elections to HOP. 1998 - Ex-gratia payment - Other benefits - Orders

GENERAL ADMINISTRATION (ELECTIONS-B) DEPARTMENT

GO.MS.NO : 151 Dated : 29th March, 1996Read the following :-

1. GO.MS. No. 337 G.A. (ELEC-B) DEPT.. DT. 7-5-1991.2. GO.MS. No. 559 G.A. (ELEC-B) DEPT.. DT. 23-11-1994.3. GO.MS. No. 30 G.A. (SC.C) DEPT.. DT. 1-2-1996.

ORDER :Keeping in view the orders issued in the GO. 3rd read above the Government in modification

of the orders issued is the G.Os 1st & 2nd read above, hereby direct that the following financial assistanceand other benefits be provided to the bereaved families of the employees to be engaged on Election Dutyduring the ensuing General Elections to HOP, 1996 who in the course of discharge of duty are killed bythe extremists/antisocial elements, and for injuries resulting in permanent disabilities on account ofelection duty.

i) Ex-gratia amount shall be paid tothe family of the deceased officialengaged on election duty to theextent of 20 times of the salarydrawn by the deceased officialsubject to the minimum of Rs. 1.50lakhs.

ii) Permanent incapacitationinvolving 2 limbs2 eyes or 1 eye of 1 limband 1 eye. .. Rs. 1.00 Lakh

iii) Loss 1 limb or 1 eye .. Rs. 50,000/-iv) Permanent total disablement

from injuries other than thosementioned above. .. Rs. 1.00 Lakh

v) Permanent partial disablement .. % of 1.00 Lakh as perGenl. Insurance tableof compensation.

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vi) Last pay drawn by deceased official shall be paid to the spouse till the date ofsuperannuation of the deceased official. In case of death/remarriage of the spouse, theLegal heir of the decease official will get the last day drawn till the date of thesuperannuation of the deceased official (excluding the cases of deaths due to heart-attackor by accident while on election duty).

vii) Employment shall be provided to the spouse/children/dependent brother of sister of thedeceased official as per existing rules i.e. in GO.MS. No. 612 G.A. (SER. A) DEPT.. DT.30-10-91 and subsequent orders thereon issued from time to time.

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

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

x) Retirement gratuity

xi) Encashment of Leave at credit

xii) Write off of laons2. These orders are not applicable to the Police personnel as they are covered by another

Insurance Scheme vide GO.MS. No. 133 Home Dept.. dt.. 5-4-1988.3. This order issues with the concurrence of the Finance & Planning (FW) Dept. vide UO.

No. 2163/FSP (Expdr)/96, dt. 27-3-1996.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

M.V. NATARAJANCHIEF ELECTORAL OFFICER &

PRINCIPAL SECRETARY TO GOVERNMENT

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To

All Departments of SecretariatThe Accountant General. Audit-I. AP. HyderabadThe Accountant General. Audit-II. AP. Hyderabad.The Pay & Accounts Officer HyderabadAll District Treasury OfficersThe Accountant General (A&P).. AP.. HyderabadThe Registrar High Court of A.P.. HyderabadThe Secretary A.P. Public Service Commission, HyderabadThe Secretary A.P. State Electricity Board, Vidyut Soudha, Hyderabad.The Commissioner, MCH.. HyderabadThe Commissioner Muncipal Corporation of Vijaywada/VisakhapatnamThe Registrar. Osmania University/Andhra University/Sri Venkateswara University/Kaktiya University/A.P. Agricultural University Sri Krishna Devaraya University/ Nagarjuna University/Telugu University/Dr. B.R. Ambedkar Open University/Sri Padmavathi Mahila University.The Chairman. Tribunal for Disciplinary Proceedings Hyderabad.The Chairman A.P. Housing Board, HyderabadThe F.A. & C.A.O.. Nagarjuna Sagar Project, Secretariat Buildings, Hyderabad.The Secretary Tungabhadra Project. Tungabhadra Dam. P.O. (via) Hospet, Ballery District.The Registrar, A.P. Administrative Tribunal, HyderabadThe Director of State Ports, A.P.. Kakinda, East Godavari Dist.The Chief Accounts Officer, Pension Payment Office, Jambagh Hyd.The Reserve Bank of India, Dept. of Govt. & Bank Accounts New Central Office Buildings, ShaheadBhagat Singh Road, Bombay-400 023(10 copies).The Presiding Officer Labour Court Guntur.All Heads of Departments.The International Telugu Institute, Tarnaka, Hyderabad.The Spl. Commissioner, A.P. Bhavan, Ashoka Road, New DelhiThe Pay & Accounts Officer, Govt. of A.P. New Delhi.The Deputy Pay & Accounts officer, N.S. Right Canals, Vijayapuri North, Nalgonda.The Deputy pay & Accounts Officer, G.B. Project, Dowlaiswaram, EG.Dist.The Director of Accounts, Srisailam Project, Srisailam Dam, East Post-513102, Kurnool Dist.The Pay & Accounts officer, Tungabhadra Project, High Lavel Canal, Stage-I, Anatapur Distt.The Asst. Pay & Accounts Officer, Vamsadhara Project, Srikakulam Distt.

213

COPY TO :All Recognised Service Associations,The Law (E) Department.Copy (with Covering letters to) :The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001The Secretary to GOI.. Min. of Law & Justice, Legislature Dept., New Delhi-110 001.All Election Sections in General Admn. Dept.The Finance & Planning (Fw. Pen. I) Dept.The Genl. Admn. (SC. C) Dept.The Genl. Admn. (Ele-C) Dept.SF/SC.

// Forwarded By Order//

SECTION OFFICER

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No. 458/4/98/Vol.II/PLN-IV Dated: 8th December, 1998


Subject : Payment of remuneration to staff deployed on poll/counting duty-extension of facilities topolice personnel who are deployed in election related work-regarding.

Sir/Madam,

I am directed to invite your attention to Commission’s letter No. 458/4/95/PLN-IV, dated 14thMarch, 1996 and letter No. 458/4/96/P.S.IV/Vol. I, dated 20th May, 1996, on the subject cited and to state thatCommission have been receiving requests from the police personnel who are deployed for election related duties,for extending the same facilities to them as is being given to the staff who are deployed on polling/counting duties.

The Commission has further examined the matter and directed that the police personnel who arecalled for training in pursuance of Commission's order no. 62/ESO14/94/P.S.I., dated 14.9.1994 (Copy enclosedfor ready reference) and also the police personnel actually deployed on election related duties may also be paidremuneration etc. on the same criteria as is being paid to the polling/counting personnel.

Kindly acknowledge receipt of this letter.

Yours faithfully,

(K.J. RAO)SECRETARY

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No. 62/ESO14/94/P.S.I Dated: 14th September, 1994

ORDER

For ensuring the purity of electoral process and the smooth conduct of the election, all theelection related officers, from the level of the Chief Electoral Officer, Returning Officers to the level ofPresiding Officer and Polling officer and from the highest level of functionary in the Police Administrationto the lowest level of constable play a key role.

2. The smooth conduct of any election requires a great deal of advance preparation, perfectplanning and proper coordination amongst the various levels of functionaries of different departments andcorrect understanding by every functionary of the role assigned to him. This calls for a perfect team workand absolute understanding amongst the members of the team in order that this objective is achieved.

3. The Commission has been directing the Chief Electoral Officers and the District ElectionOfficers to organise training programmes with practical rehearsal on the various steps involved in theconduct of elections. Attention in this connection is invited to Para 12 of chapter XI of the Handbook forReturning Officers.

4. The quality of training will vary with the level of the group of Officials for whom thetraining is being organised. It is of utmost importance for every official associated with the conduct ofelections that he should have a clear idea of the relevant provisions of the Constitution, the Representationof the People Acts of 1950 and 1951, as also the rules made thereunder. In addition, the Commission hasbeen issuing various directions and instructions from time to time on a variety of aspects covering the entiregamut of elections, and more specifically those relating to the code of conduct to be observed by the parties,candidates and their agents, the rules that should govern the conduct of Government Servants, curbs onmisuse of unaccounted financial resource limits, on election expenditure of the candidates, propermaintenance of law and order during election period identification of sensitive constituencies, specialmeasures to prevent booth capturing, special drives to unearth illegal arms, restrictions on grant of newarms licences, surrender of arms during specified periods, restriction on the sale of liquor during electionperiod, regulation of vehicular traffic during elections and on the day of poll, prevention of defacement

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of public and private property, restrictions on use of loudspeakers and vehicles, the procedure for counting,the obligation of Returning Officers to get the Commission's permission for commencing counting anddeclaring results and so on.

5. Needless to say, all Officers, civil as well as police, should be through with suchdirections and instructions of the Commission which alone will enable them to enforce those directionsand instructions.

6. With a view to familiarising fully the Officers of the law and order organisations, bothin the District police set up as well as such other police organisations as may be involved in the conductof elections, with the prescribed procedures, provisions of law and the Commission’s standing and specificorders, directions and instructions, the Election Commission hereby directs that Police Officers from thelevel of Superintendent of Police to the level of Sub-Inspector shall also be compulsorily trained on theconduct of elections.

7. The training for the Police Officers shall be held separately, where, apart from theirresponsibility for maintaining proper law and order during the entire periods starting with the announcementof elections and till the completion of elections, the necessity of ensuring the strict implementation of thevarious standing and specific orders, directions and instructions of the Commission calculated to ensurea peaceful, free and fair election should be emphasised, Special attention should be drawn particularly inrespect of, but not restricted to orders which need the active involvement of the Police for implementation,such as the standing orders/directions/instructions in regard to the identification of sensitive constituencies,seizure of illegal arms, surrender of licensed weapons, closure of liquor shops, restrictions on the use ofvehicles, ban on use of any vehicle for transporting the elector on the day of poll. The Police Officer shouldalso be given a training on the aspects relating to conduct of poll and counting so that they acquire aworking knowledge of the duties of Polling and Presiding Officer and counting personnel and the statutoryauthority under which they work so that the Police Officers on duty can appreciate the action required tobe taken by them and election-related functionary in the event of any infraction. The Police Officers shouldalso be sensitised to the necessity for the strict implementation of the Model Code of Conduct, preventionof defacement of property, restrictions on the use of loudspeakers, unauthorised incurring of electionexpenditure in violation of Section 171 H of the Indian Penal Code, publication of election pamphlets andposters in violation of section 127A of the Representation of the People Act, 1951 and the necessity forensuring that the eletioneering does not result in trampling on the rights of the citizens to have a peacefullife and public peace and tranquillity is not disturbed.

8. Action to be taken in the event of any person found impersonating any other elector,entering the polling station without authorisation of either the Returning Officer or the ElectionCommission and the preventive action necessary for curbing rigging and booth capturing should also be

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impressed upon. As immediate action against any violation will not only contain the situation but will alsohave a deterrent and demonstration effect, the Police Officers shall be directed to take the mostexpenditious and severe action as soon as any violation of the law and the Commission's orders/directions/instructions come, or are brought, to their notice. Effective development and the need for coordination withthe counterparts in the civil administration shall also be highlighted.

9. For imparting such training, the Senior Superintendent/Superintendent of Police shallrequest the District Election Officer/Returning Officer to conduct such specialised training and rehearsals.

10. The Senior most officer of the civil administration and the senior most officer of thepolice administration shall preside over the traning programme, as is appropriate with reference to the levelof the trainees.

11. Failure to abide by the above order will be viewed as a grave lapse and will be visitedwith almost serious and severe disciplinary action against the guilty and all other action available to itunder the law.

12. Receipt of this order shall be acknowledge forthwith.

By order and in the name of theELECTION COMMISSION OF INDIA

SD/-(K.P.G. KUTTY)

SECRETARY

ToThe Chief Secretaries of all States and Union TerritoriesandThe Chief Electoral Officers of all States and Union Territories

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No. 458/4/98-PLN-IV/Vol.II Date: 21st December, 1998


Telex : ND 31 - 611312Fax : 3713412/3739944


Subject:- Women put on election duty-facilities.

Sir,I am directed to state that it has been brought to the notice of the Commission that lack of facilities

and amenities at polling stations and counting centres cause hardships to women officials put on election duty. Inthis connection attention of the Chief Electoral Officers is drawn to the following existing instructions of theCommission for providing facilities at polling stations:

(i) No. 458/4/96/PS-IV, dated 26.3.1996 relating to provision of shelters for weather conditionsand drinking water facilities for polling personnel and voters in queue.

(ii) No.458/4/96/PS-IV, dated 16.4.1996 relating to provision of toilet facilities with adequateprivacy.

(iii) No.458/4/96/PS-IV/Vol.II, dated 22.7.1996 relating to exemption of all such women who arein advanced stage of pregnancy, whether are on maternity leave or not, or who are otherwise notfit for any rigorous or hazardous work from being requisitioned for election duty. The same applyto women employees who are breast-feeding a newly born child.

(iv) No.458/4/98/PS-IV, dated 3.2.1998 relating to provision of neat, clean and hygienic place withminimum facilities for the stay of the polling personnel on the night before the poll, etc.(Copies of the above mentioned instructions are enclosed for ready reference)

2. In addition to the above, the Commission hereby directs that the District Election Officers/Returning Officers shall ensure that women polling personnel are deployed in such areas as have reasonable

219

amenities. This is essentially a matter of detailed planning and sensitive management taking into consideration thesecurity and convenience of women polling personnel. The polling sations allotted for women employees shouldbe carefully chosen. The deployment of women polling personnel should be so planned that they are not requiredto spend the night in the polling station. Wherever, possible two women polling personnel should be deployedtogether for poll duties.

3. The officers concerned shall be responsible for strict compliance of the above instructions atall future elections.

4. Kindly acknowledge

Yours faithfully,

(K.J. RAO)SECRETARY

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FROM SECRETARYELECTION COMMISSION OF INDIANEW DELHI.

TO THE CHIEF ELECTORAL OFFICERS OFALL STATES / UNION TERRITORIES

No. 458/4/96/PS-IV DATED: 26TH MARCH, 1996

THE COMMISSION HAD ISSUED INSTRUCTIONS REGARDING PROVISION OFDRINKING WATER AND SHELTER TO VOTERS AS WELL AS POLLING PERSONNEL DURING THEPOLL AT THE POLLING STATES VIDE ITS LETTER NO. 458/4/84, DATED 9TH NOVEMBER (,) 1984REPRODUCED AT ITEM-31 OF THE CONSOLIDATED INSTRUCTIONS 1993 EDITION (.) KEEPINGIN VIEW THE ONGOING GENERAL ELECTIONS TO THE LOK SABHA AND LEGISLATIVEASSEMBLIES 1996 IN THE MONTH OF APRIL-MAY WHEN THE WEATHER IS QUITE HOT INMOST OF THE PLACES, COMMISSION HEREBY DIRECTS THAT ON THE DATE(S) OF POLLREASONABLE FACILITIES OF SHELTER FROM THE SUN AND DRINKING WATER SHOULD BEPROVIDED TO THE POLLING PERSONNEL AND VOTERS ALIKE (,) WHEREVER NECESSARYAND PRACTICABLE (,) REASONABLE SHELTER SHOULD BE PROVIDED FOR THE VOTERSSTANDING IN THE QUEUE AT THE POLLING STATION SO AS TO SAVE THEM FROM VAGARIESOF WEATHER (.) IF NECESSARY IMPROVISED ROOFING BE ERECTED EVEN IF IT INVOLVESSOME ADDITIONAL EXPENDITURE (.) IN CASE ANY POLLING BOOTH IS LOCATED IN ASPACIOUS BUILDING (,) THE VOTERS MAY BE ALLOWED TO STAND IN QUEUE IN SHELTEREDAREA LIKE VERANDAH BEFORE THE POLLING BOOTH (.) /PARA(.) SIMILARLY PROVISION FORDRINKING WATER SHOULD BE MADE AT EACH POLLING BOOTH FOR BOTH VOTERS ANDPOLLING PERSONNEL IN THE PREMISES (.) IF NECESSARY ARRANGEMENT SHOULD BE MADETO SUPPLY WATER THROUGH WATER TANKERS OR WATER TROLLEYS ETC.(.) /PARA(.) THERETURNING OFFICERS SHALL DEPUTE A RESPONSIBLE OFFICER TO VISIT THE POLLINGSTATIONS IN ADVANCE TO OVERSEE WHETHER ADEQUATE ARRANGEMENTS FOR SHADEAND WATER HAVE BEEN MADE OR NOT (.)/PARA(.) COMMISSION MAY BE INFORMED OF THEACTION TAKEN (.)

Most ImmediateNot to be TransmittedNew Delhi (C.R. BRAHMAM)Dated 26th March, 1996 SECRETARY

KC/458/4/96/PS-IV Dated 26th March, 1996

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BY SPL. CAMP BAG

Copy by post in confirmation forwarded to the Chief Electoral Officers of all States / UnionTerritories.


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FROM ELECTION COMMISSION OF INDIANEW DELHI

TO THE CHIEF ELECTORAL OFFICERS OFALL STATES / UNION TERRITORIES

NO. 458/4/96/PLN-IV DATED : 16TH APRIL, 1996

THE COMMISSION HAD DIRECTED IN ITS MESSAGE OF EVEN NUMBER DATED 26TH

MARCH, 1996 THAT IN VIEW OF THE GENERAL ELECTIONS BEING HELD IN HOT WEATHER INMOST OF THE PLACES DURING THE MONTHS OF APRIL-MAY, 1996, ON THE DATE(S) OF POLLREASONABLE FACILITIES OF SHELTER FROM THE SUN AND DRINKING WATER SHOULD BEPROVIDED TO POLLING PERSONNEL AND VOTERS (.) THE COMMISSION HAS FURTHERDIRECTED THAT REASONABLE TOILET FACILITIES WITH ADEQUATE PRIVACY SHOULD BEPROVIDED TO OFFICIALS WHO ARE PUT ON ELECTIONS DUTY (,) PARA(.) COMMISSION MAYBE INFORMED OF THE ACTION TAKEN IN THE MATTER.

MOST IMMEDIATENEW DELHIDATED 16TH APRIL, 1996 (SHARAN PAUL SINGH)

UNDER SECRETARY

No. 458/4/96 PLN-IV Dated 16th April, 1996

BY SPL. Copy by post in confirmation forwarded to the Chief Electoral officers of all States/Union CAMPBAG Territories.

2. Copy to Judicial Section-I

(SHARAN PAUL SINGH)UNDER SECRETARY

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No. 458/4/98/PLN-IV/ Dated: 3rd February, 1998

To1. The Chief Secretaries / Chief Administrators

of all States & U.Ts.


Subject : General Elections, 1998-Polling personnel-amenities-provision.

Sir,

I am directed to state that the following pathetic conditions prevailing in matter of some of the facilitiesprovided to the polling personnel deployed an election duty have been brought to the notice of the Commission:

1) The vehicles like trucks provided for the transport of polling parties from the disbursementcentre to their respective polling stations and back are often very dirty smeared with lime,cement, soil, cow-dung, etc.

2) The Truck are generally in bad shape with projecting sharp edged objects like nails, iron piecesand wood splinters causing damage to clothes and scratches to the persons.

3) Ladies are the worse sufferers who have to board/travel in such trucks on bad roads.4) Places like dharamshals where the polling parties are put for the night before the poll are found

to be foul smelling, stinking and unhygienic.5) In some of the cases there were no proper lighting/power supply arrangements.6) Lack of proper parking place at the distribution centres results in theft of vehicles and petrol

from the tanks of the vehicles.7) Polling Personnel put on reserve duty are not paid allowances.The polling personnel have a very important statutory role in the conduct of elections. The

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Commission is appalled by the conditions in which they are transported and lodged during the polling. TheCommission hereby issues the following directions for strict compliance :-

a) The Efforts should be made to provide a neat, clean and hygienic place with minimum facilitiesfor the stay of the polling personnel on the night before the poll.

(b) Parking facility arrangements with guards for the safety of the vehicles deployed for the use ofthe polling personnel should be made.

(c) The DEOs / ROs shall ensure that the vehicles provided for the Transportation of the pollingparties and election material to and from polling stations are in good condition and shape andcompletely free from dirt and smell and fit for transportation.

(d) Polling personnel who are on reserve duty should also be paid the same allowances as paidto the personnel on duty.

Kindly acknowledge receipt.

Yours faithfully,

(C.R. BRAHMAM)

225



No. 218/4/99/PLN-IV Dated: 24th March, 1999

ToThe Chief Electoral Officers of all States and Union Territories

Subject : Revision of Electoral rolls-Payment of honorarium-revised rates-reg.

Sir,

I am directed to state that the rates of honorarium to be paid to the officers and staff connectedwith the revision of electoral rolls were last revised by the Commission in 1993 vide its letter No.218/4/93 dated 24.03.93. Commission has been receiving requests from the Chief Electoral officers for revisingthe rates. The matter has been considered by the Commission. In partial modification of Commission’sletter No.218/4/93 dated 24.03.93, the minimum rates of honorarim/remuneration to be paid to thefollowing categories of officials connected with the revision of electoral rolls has been revised as shownagainst each.

S. No. Category Revised Rates

1. Designated Officers Rs. 35/- per working day

2. Supporting staff for designated officers Rs. 20/- per working day

3. Electoral Registration Officers Rs. 600/- per Constituency,Maximum being Rs. 1200

4. Asstt. Electoral Registration Officers Rs. 400/- per Constituency,Maximum being Rs. 800/-

5. Clerical Staff Rs. 300/-

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6. Group D Staff Rs. 200/-

7. District Election Officers Rs. 1000/-

8. ADM and equivalent officers Rs. 800/-

9. Other Officers Rs. 600/-

10. Official in-charge (Custodian) of the draftelectoral roll in the polling stations and otheridentified places for reference of the publicduring the revision process.

NOTE : In case the Designated Officer iscustodian of draft rolls, he shall in additionreceive the remuneration at (1) above also,but only for the specific days connected withreceipt of applications etc., at the locationand mobilisation and demobilisation for thesame.

2. There will be no change in the rates being paid to the Scribes, Enumerators andSupervisors and they will continue to be paid at the existing rates.

3. The States which are paying more than the above revised rates shall continue to pay atsuch higher rates.

4. The revised rates mentioned above will become effective w.e.f. 1st April, 1999.


Your faithfully,

(K. AJAYA KUMAR)UNDER SECRETARY

227


No. 78/99/PLN-I Dated: 6th April, 1999

To1. The Chief Secretaries

to the Government ofall States and Union Territories.

2. The Chief Electoral Officersof All States and Union Territories.

3. The Secretary to the Govt. of India,Ministry of P.P.&P, Department ofPersonnel and Training, New Delhi.

Subject : Grant of Paid holiday to employees on the day of poll-regarding.

Sir,I am directed to invite your attention to Commission's letters No. 78/84, dated 9.11.84 and

No.78/87 dated 31.3.1987 as reproduced In Compendium of Instructions on Conduct of Elections-1 998as items No.85 & 86 regarding declaration of holiday(s) on the poll day(s) by the Central/StateGovernments in connection with General Elections and Bye Elections to the House of the People and StateLegislative Assemblies.2. The Representation of the People Act, 1951 has been amended in August, 1996 and a newSection 1 35B has been added to the Act . The Section 135B is reproduced below:-

‘‘135B. Grant of paid holiday to employees on the day of poll-(1) Every person employed inany business trade, Industrial undertaking or any other establishment and entitled to vote at election to theHouse of the People or the Legislative Assembly of a State shall on the day of poll be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on accountof a holiday having been granted in accordance with sub-section (1) and if such person is employed onthe basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for suchday the wages he would have drawn had not a holiday been granted to him on that day.

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(3) If an employer contravences the provisions of sub-section (1) or sub- section (2), thensuch employer shall be punishable with fine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger orsubstantial loss in respect of the employment in which he is engaged”

3. The above provisions require that all establishments and shops shall be closed on the dayof poll in the Constituency where a General Election/bye-election is to be held. However, there may becases where a person is ordinarily resident of the Constituency and registered as an elector, may be serving/employed in an industrial undertaking or an establishment located outside the Constituency having ageneral/bye- election. It is clarified that in such a situation, even those electors including casualworkers working outside the Constituency concerned would be entitled to the benefit of a paidholiday extended under the Section 135B(1) of R.P. Act, 1951.

4. Further, there are industrial undertakings/establishments which are working on shiftbasis. A doubt has been raised whether paid holiday is to be declared only for the period/shift during whicha poll is to be taken and not for other shifts which may commence after the conclusion of the poll. It isclarified that a holiday may be declared only for the shift during which a poll is to be taken. However,it should be ensured that there should be sufficient time gap between the close of poll andcommencement of the shift duty.

5. The daily wage/casual workers are also entitled for a holiday and wages on poll day as providedin Section 135B of R.P.Act,1951..

6. The Commission desires that suitable instructions should be issued to all concerned and a copy thereofbe endorsed to the Commission for its information and record.

7. The receipt of this letter may please be acknowledged.

Yours faithfully,


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FAX/SPEED POST


No. : 51/8/99-Vol.-III Dated : 2nd June, 1999

ToThe Chief Electoral Officersof all States and Union Territories.

Subject : Use of electronic voting machines in elections-period of retention thereof-reg.

Sir,I am directed to state that the Electronic Voting Machines (EVMs) have been used in selected

constituencies in the recently held general/bye-elections to the State Legislative/Assemblies of MadhyaPradesh, Rajasthan and NCT of Delhi. Having received encouraging feedback from the political partiesand the general public about the efficiency of the EVMs the Commission is considering to use the EVMsin future elections in as many Constituencies as possible. In the meantime, there have been references fromthe CEOs of the States where these machines have been used regarding the period for which the EVMsare to be retained before using them in subsequent elections. The matter has been considered.

2. Rules 92(1A) 93(1A) and 94(aa) of the Conduct of Elections Rules, 1961 provide as under:

‘‘92 (lA):- All voting machines used at an election shall be kept in the safe custody of theconcerned District Election Officer’’

‘‘93 (1A) The control units scaled under the provisions of rule 57C and kept in the custody ofthe District Election officer shall not be opened and shall not be inspected by or produced before any personor authority except under the orders of a competent court.’’

‘‘94(aa):- The voting machines kept in the custody of the District Election officer undersub-rule (1A) of rule 92 shall be retained intact for such period as the Election Commission may direct andshall not be used at any subsequent election without the previous approval of the Election Commission.’’

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3 Taking all the relevant factors into account, the Election Commission hereby directsunder rule 94(aa) of the Conduct of Elections Rules 1961 as follows :-

(i) Every voting machine (EVM) used in an election and kept in the custody of the DistrictElection Officer shall normally continue to be kept in such custody for a period of six months from thedate of declaration of the result of the election.

(ii) In the case of elections, where no election petitions have been filed or no other court casesare pending, after the expiry of the said period of six months the machines may be used for any futureelection.

(iii) In the case of election where election petition has been filed the voting machines usedat all polling stations in the constituency concerned shall continue to be kept in the safe custody ofthe District Election officer, till such time the election petition is finally disposed of by the courts.

(iv) If any other court case is pending. like. booth capturing, etc. in which any EVM isinvolved, the EVM concerned or the EVM(s) used at such polling station(s) concerned may also bekept till the final disposal of the said case.

(v) After the final disposal of the election petitions or, as the case may be other court casesreferred to clauses (iii) and (iv) above. the voting machines can be used for subsequent elections.

(vi) Notwithstanding anything contained in clauses (i) and (ii) above if the machines used atan election in respect of which no election petition has been filed, are needed for use at any subsequentelection before the expiry of the period of six months referred to therein, the Election Commissionmay by special direction permit these machines to be so used.

4. The Commission further directs that the alkaline batteries which have been used in thevoting machines in an election shall not repeat not be used in any subsequent elections. The used batteriescan however be used for the purpose of giving training on the functioning of voting machines.

5. These directions shall be brought to the notice of all concerned for immediate compliance.Kindly acknowledge receipt.

Yours faithfully



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By Fax


No. 51/8/99(P)-Vol.-VIII Date: 23rd June, 1999


Fax : 3713412/3739944

To1. The Chairman cum Managing Director,

Bharat Electronics Limited,Central Market Group,Core, 6th Floor,Scope Complex, 7, Lodhi Road,New Delhi-110 001(Fax No. 011-4364401)

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

Subject:- Electronic Voting Machines-Price of Alkaline Battery-regarding.

Sir,I am directed to refer to BEL letter No. CM/003/051/0l, dated 11.6.1999 and ECIL letter No.

ECIL: ND:ISD:EVM:99 0/106, dated 10.6.1999 on the subject cited and to state that the Commission hasapproved the price of Rs. 172/ (Rupees One hundred seventy two) per unit of Alkaline Battery atdestination inclusive of freight charges, Excise Duty and Sales Tax.

2. It may be ensured that the date of manufacturer expiry date etc. is given on each batterypack. A sticker may also be affixed with the words ‘‘Date of use’’ and space to fill in the date when theseal is opened and the battery is put to use.

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3. You are further requested to ensure that each new unused battery will have a seal on itand in order to use the battery the seal is to be removed.

Yours faithfully,


Copy to the Chief Electoral Officers of all States and Union Territories for their information.

(K. AJAYA KUMAR)UNDER SECRETARY

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INDEX

List of abbreviations usedI - Volume-III - Volume-II

Abnormal number of candidatesSeating arrangements for Counting Agents 257-258 (I)Seating arrangements for Polling Agents 257-258 (I)

Absconders - 201(I), 214 (I)AccommodationOffice accommodation 311 (I)

AccountBallot paper - Supply of copies 65 (I), 66 (I), 292-294 (II)Election Expenses 274 (I) AccreditedMediapersons- 183-187 (I) Additional CEOTransfer 29 (II)

AddressManufacturers of Symbol Blocks 306 (I)

Administrative UnitsCreation restrictions 118 (II), 146 (II) AdvertisementLogos resembling symbols 151 (II)

AffidavitOn convictions 112 (I) 83-84 (II), 89-90(II)On election expenses 281 (I), 293(I)

AircraftChartering 303 (I)Cost of hiring 98COwned by Government 100-101 (II)Owned by Public Sector Undertakings 100-101 (II)Use of private aircraft l00-101 (1I), l 13-116 (11)

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Air TravelEntitlement of observers 10-11 (II)Akashvani and Doordarshan 60 (II)

Alkaline BafferiesReuse 321 (II)

AmendmentHandbook for ROs 228-229 (II)Rule 90 of Conduct of Election Rules, 1961 236-238 (II)Section 159 of RP Act, 1951 31-34 (II)Secton 135C of RP Act, 1951 147-149 (II) AntecedentsScrutiny 11(I)

AppointmentAEROs 5-6 (I)AROs 5(I)Ban on censured officials 9 (I), 2(II)Change without approval of Commission 8 (I)Criteria 1-7 (I)DEOs -2(I)EROs - 4-5 (I)ROs - 24 (I), 7(I)

ArmsArms Licences 202 (I) 212-213 (I), 152-153 (II), 160-162 (II)Carrying of 80-82 (II)Suspension of Issue- 152-153 (II)

Assistant CEOTransfer 29 (II)

Assistant Returning OfficersModifications 34 (II)

Authority letters 181-187 (1)Delegation of power to CEO - 185 (I)Further delegation - 191 (1)

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Backward ClassesModifications in lists 99 (II)

Ballot BoxesEngraving Serial Numbers 57 (I), 58 (I)Noting down by Polling Agents 60 (I)Safe custody 223 (II)Use of Common boxes 84 (I)

Ballot PaperAccount-supply of copies 65 (I), 66 (I), 292-294 (II)Disposal 133-134 (I)Mixing 252-253 (I)Postal Ballot Paper 128 (I)Printing 131-134 (I)Surplus 133-134 (I)Waste 133-134 (I)

Ban on Transfer 23-26 (I), 25 (II), 26-28 (II)Effective date 25 (I)

Bank Employees 32 (II), 98B-98C (II)

BannersRestrictions 269-273 (I)

Barricades 137 (II)

Batteries, re-use 321(I)

Booth Capturing - 214-215 (I)

Bribery 104 (I)

Bullet Proof CarsCost of propulsion 132 (I), 98B-98C (II)Use of 98B-98C (II)

Bye Election 74 (II)Candidates

Complete address to be given in list of nominated candidates-289 (I)

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Death - Countermanding 236-239 (I)Dummy- 100 (I)Multiplicity of 99-103 (I)Relation - Not to be on election duty 24 (I)Security 170 (II)Specimen signature - 75 (1)Supply to Presiding Officers 81-82 (I)

Candidate’s BoothsGuidelines for setting up 61-62 (I), 62-64 (II)Casual workers 302-304 (II)Central Forces -Deployment 169-170 (II)

Cellular Phones - 65 (II)Censured Officers 9 (I), 2(II)

Certificate of Impartiality-11 (I)Challans -201 (I)Chief Electoral Officers

Changes in officers and staff 29 (II)No entrustment of work relating to local bodies elections - 308 (I)Responsibility in the matter of election expenses accounts - 288 (I)Delegation of powers 272-273 (II)

Clearance to startCounting 226 (II)

Code of ConductPolitical parties and Candidates 136-141 (I)Television coverage 192-193 (I)

Competent Court 291 (II)Complaints

Mode of Inquiry 310 (I)

ComputerisationElectoral Rolls 29 (II), 67-68 (II)

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ConcessionsFor mustering electoral support - 13 (I)Under symbols order 115-117 (I), 119-120 (I)

Contempt of Court - 195 (I)

Contingency Expenditure 17 (II), 22 (II)

Convoys of vehicles - 157-158 (II)

Cordless of DocumentsSupply 322-324 (I)

Cordless Phones 65(II)

Countermanding of pollDeath of candidate of a party recognised in another state - 236-239 (I)

CountingAssistants 250 (I)At different places in same premises 248-249 (I), 262 (I)Centres-Facilities 213-218 (II)Centres Information sheet 202-211 (II)Clearance 240-241 (I), 226 (II)Information sheet 202-211 (II)Light refreslunent 317 (I)Mixing 252 (I), 253 (I), 228-229 (II)Proforma 244 (I)Replacement of counting staff 259 (I), 219-222 (II)Tables 251 (I)Three Reports 240-241 (I)Two sets of counting staff 259 (I), 219-222 (II)

Counting AgentsAppointment of Ministers - Prohibition 88 (I)Change of-219-222 (II)Initial counting and Detailed Counting 260 (I)Photographs 76 (I)Seating Arrangements 257-258 (I)

238

Criminalisation of Politics 107-114 (I), 86-90 (II)Cultural functions 130 (II)Cut-outs

Restrictions 267-273 (I)

Dak Bungalows 133-134(11)Daily Law and Order reports 163-168 (II)Debarred Officers 9 (I), 2 (II)

DeclarationClearance 241-243 (I),230 (II), 23 l-232 (II), 233(II)Proforma 245 (I)Result of election 261 (I)Round-wise 186 (I), 254-256 (I)

Defacement of PropertNon-election period 233 (I)Penal action 230 (I), 234 (I)Prevention 223-235 (I)Public Building 225 (I)Whitewashing 228 (I)

Dehydration 285 (II)Deployment

Election staff 74-75 (II)

Deputation to Commission 14-15 (I)Deputy CEO

Transfer 29 (II)

Designation of Police OfficersDebarment of non-designated Officers 19 (I)Under sec 28A of RPA, 1951 19 (I)Dharamshalas -277 (II)

Diary Presiding OfficerNot to be sealed 65 (I)Preservation 246-247 (I)Serial numbering 57 (I)

239

Disabilities (Epual Opportunities, Protection of Rights and Full Participation)Act, 1995 36-59 (II)Disciplinary Control of Commission 14 15 (I)

Central Forces 14-15 (I)Chief Secretaries 16 (I)DGP 14-15 (I), 154-155 (II)Home Secretaries of States 16 (I)

Discretionary FundsPayment from 142-153 (I), 166A (II)

DistrictsCreation-Appointment of ROs 1 (II)Creation-Restrictions 118 (II)

DocumentsFee 324 (I)Inspection 322-323 (I)Supply of Copies 322-323 (I)

Do's and Dont'sPolitical Parties and Candidates 159-162 (I)Television Coverage 192-193 (I)Videography 220 (I)

Draw of LotsElection Broadcasts 194 (I)

Drinking Water 284 (II)

Dummy Candidates 100 (I)

Election AgentsAppointment of Ministers 88 (I)Specimen Signature 75 (I)Supply to Presiding Officers 81-82 (I)

Election Booths 61-62 (I), 62-64 (II)

240

Election Broadcasts 194-195 (I)Draw of Lots 194(I)

Election DutyExemption for pregnant women 89 (I)Handicapped persons 52 (I)

Election Exenses 274-304 (I)Account 274 (I)Affidavit 293 (I)Daily accounts 270-271 (II)Inspection 284 (I), 287 (I), 132-1 33 (II), 264-265 (II)Items to be included 266-269 (II)Language 295 (I)Lodging 275-281 (I)Maximum limits 236-238 (II)Only contesting candidates to lodge 294 (I)Penal Code provisions 282 (I)Proforma 278-281 (I), 244-263 (II),266-269 (II)Responsibility of CEOs 288 (I)Special Registers 283-286 (I), 296 (I)Supreme Court Judgement 269-271 (I), 275-276 (I), 302 (I)Use of private aircraft 100-10l (II), 113-116 (II)

Election Management 29 (II)

Election MaterialsBallot Boxes 57-58 (I), 60 (I)Loaning to State Election Commissions 272-273 (II)Paper 59 (I)

Electoral RollsComputerisation 67-68 (II)Honorarium 317-318 (II)Modifications 66 (II)Supplement 67-68 (II)Supply of copies 66-67 (II)Supply of extracts 274-276 (II)

Used at polling stations 67 (II)

241

Electronic Voting Machines 319-324 (II)Price of baucry 323-324 (II)Retention period 319-322 (II)

Emergency Lights 224-225 (II)

Employees of Govt Companies 32 (II)

Employees of Govt. Undertakings 31-32 (II)English Version

Entry in electoral roll 274-276 (II)Escort Officers 18 (II)

Expenditure on security staff 132 (II)Ex-gratia compensation 295-301 (II)

Ex-Policemen 218 (I), 171 (II), 172 (II)Ex-Servicemen 218 (I), 171 (II), 172 (II)

FacilitiesMedia persons 181 - 189 (I)Observers 20 (I)Physically handicapped 77 (II)Polling personnel 89-98 (I), 277-278 (II)Polling Stations 284-285 (II)Women polling personnel -310-311 (II)

Factories Act 196 (I)

Fast Track Inlormation 216-217 (II)

Film ActorsJoining politics 195 (I)Exhibition of films 195 (I)

Fire Engines 224-225 (II)

Fire Extinguishers 224-225 (II)

Foreign Tours 14-15 (II)

242

Forest Guards 218 (I), 172 (II)Packed lunch 279 (II)

Foundntion StonesRestrictions 122-123 (II)

Freedom Fighters 131 (II)

Free Passes 154 (I)

Free Travel 154 (I)

Frivolous Candidates 99-103 (I)

Fugitive Criminals 201 (I)

Game Parks 30 (II)

Generators 224-225 (II)

Goondas 212 (I)

Govt Guest HousesUse for political activities 127-128 (II)

Govt ServantsAssistance 38-51 (I)Association with political parties 32 (I)Conduct Rules 31 (I)Guidelines 28-32 (I)

Gram Rakshies 218 (I), 172 (II)

Green Paper SealsNew Design 61 (II)

GuidelinesObservers 19-21 (II)

Handicapped PersonsElection duty 52 (I)

Heat Stroke 284-285 (II)

243

HelicoptersChartering 169-170 (I)

History-Sheeters 201 (I), 214 (I)

HoardingsRestrictions 269-273 (I)

HolidayPaid holidays -302-304 (II)Poll day 196-197 (I), 174 (II)Central Govt Offices 198-200 (I), 176-177 (II)

Home DistrictPosting 24 (I), 121-122 (II), 143-144 (II)

Home Guards 218(I), 169 (II)Packed Lunch 279 (II)

HonorariumGrant of 311 (I), 286 (II)Revision of rolls 317-318 (II)

Hotly-contested ConstituenciesMonitoring 188-189 (II)

Identity Cards 85 (I), 29 (II)Candidates 85 (I)Counting Agents 220 (II)Election Agents 85 (I)

Iftehar Party 135-136 (II)

Illegal PaymentsElection 271-272 (I), 282 (I)

Illicit Arms 202 (I)Illicit Liquor 202 (I)

ImpersonationCheck Measures 64 (I)

244

Indelible InkQuantum of reserve 73 (II)

Index Cards 217-218 (II)

Information Folder 18 (II)

Information sheet on counting centres 202-211(11)

InspectionDocuments 322-323 (I)Election Expenses 284 (I), 287 (I), 264-265 (II)

Investiture Ceremonies 131 (II)Insurance

Requisitioned vehicles 280-283 (II)

IrregularitiesPolling personnel 72-73 (I)

JudgementHigh Court-Facilities to polling personnel 89-98 (I)Supreme Court-Bank Employees 46-47 (I)BHEL Employees 48-51 (I)Election Expenses 269-271 (I), 275-276 (I), 302 (I)Powers of Commission 257 (I)Printing of Posters 264 (I)

Kavi Sammelan 130 (II)

LanguageFiling of account of election expenses 295 (I)

Law and OrderDaily reports 163-168 (II)Preventive action 201-202 (I)Prophylactic measures 201-202 (I)

LeaveGrant during elections 24 (I), 38 (I)

245

Level Playing Field 145-146 (II)

Liaison Officers 12-13 (II), 128 (II)

Liquor 202 (I), 147-149 (II)

Loaning of materials to State Election Commissions 272-273 (II)

Local Area Develoment FundRelease of payments 112 (II), 124-125 (II),

Logos 151 (II)Loudspeakers 203-211 (I), 216 (I)

Time ofuse 211 (I), 217 (I)

ManufacturerSymbol Blocks 306 (I)Margin of votes 230 (II), 231-232 (II),233 (II)Maximum limit of election expenses 236-238 (II)

Media PersonsCentres 187-189 (I)Facilities 181-189 (I)

Member of ParliamentMPs Local Area Development Scheme 112 (I1), 124-125 (II)

MinisterProhibition in becoming Candidate's Agent 88 (I)Security 132 (II)Tours 177-l80 (I), 102-111 (II)

Misuse of Vehicles - 171-176 (I)

Model CodeDak Bungalows 133-134 (II)Do's and Donts 159-162 (I)Liquor Vends auction 165 (I)Payments from Discretionary Funds 142-153 (I)Political Parties and Candidates 136-141 (I)Rest Houses 133-134 (II)

246

Telecasts - 192-195 (I)Tendu leaves auction 165 (I)

Money PowerOstentatious display 269-273 (I)

Mopping up operations 212 (I)

Multiplicity of CandidatesMeasures to reduce 99-103 (I)

Mushaira 130 (II)

National Game Parks 30 (II)

National Sanctuaries 30 (II)

Negotiable Instruments ActPublic holiday on Poll day 196-197(I)

Noise Pollution 203(I)

NominationsPrevention from filing 104-105 (I)Measures to reduce 99-103 (I)

Oath/Affirmation 91-96 (II)

ObserversAccommodation and Transport at Delhi 12-13 (II)Contingency expenditure 17 (II), 22 (II)Courtesies 21 (I)Election Expenditure 22 (I)Escort Officers 18 (II)Foreign tours 14-15 (II)Guidelines 19-21 (II)Information folder 18 (II) Wireless sets 20 (I)

Officers connected with elections 23-24 (I)Ban on transfer 23-26 (I)Grant of leave 24 (I)

247

Oral rehydration medicines 284 (II)

Other Backward ClassesModifications in lists 99 (II)

Packed LunchHome Guards 279 (II)

Paid Holiday 302-304 (II)

Pardahnasheen womenWomen attendants 68 (I)Women polling officers 68 (I)Identification 69 (I)

PamphletsPrinting restrictions 263-268 (I)

Paper for Printing electoral rolls/ballot PapersProcurement procedure 59 (I)Paper seals 61 (II)

PassesFor entering polling stations/counting Centres 181 - 187 (I)Free travel passes 154 (I)

Penal CodeProvisions relating to election expenses 271-272 (I), 282 (I)

Period of dutyPolling personnel 70-71 (I)

PermissionCommencement of counting 226 (II)

PersonationCheck measures 64 (I)

Petromax Lamps 224-225 (II)

248

Photo Identity CardsCandidates 85 (I)Counting agents 220 (II)Election agents 85 (I)

Physically HandicappedFacilities 77 (II)

Police ForcesDeployment 169-170 (II), 178 (II)Designation under sec 28A of RPAct, 1951 33-34 (I)Effective date of designation 34 (I)Police districts 118 (II)Police stations 118 (II) Political PartiesBasic criteria for constitution 76 (II)Recognition by State Election Commissions 305-306 (I)Time on Akashvani / Doordarshan 194-195 (I)

Police AgentsAppointment of MPs 87 (I)Appointment of Ministers 88 (I)Identification 75-80 (I)Noting down of serial numbers of ballot boxes 60 (I)Seating arrangements 257-258 (I)

Polling PersonnelDeployment 74-76 (II)Drafting of employees of Undertakings 44-45 (I), 31-34 (II)Minimum facilities 89-98 (1), 277-278 (II)Period of duty 70-71 (I)Proper mix 39 (I)Randomisation 19-21 (II)Recommendation for amendment 47 (I), 31-34 (II)

Polling StationsAuxiliary 8 (II)Decomposition 7-8 (II)

249

Facilities at 284-285 (II)Modifications 7-9 (II)Permanent record 6 (II)Physical verification 5-6 (II)

Postal Ballot- New scheme 192-201 (II)Posters

Printing restrictions 263-268 (I)

PostingHome district 24 (I)

Presiding Officers DiaryMaintenance 292-294 (II)Preservation 246-247 (1)Sealing 65 (I)Serial numbering 57 (I)

Preventive DetentionVoting rights 287-290 (II)

Prime Minister’s Security 97-98C (II)

PrintingPosters/Pamphlets 263-268 (I)

ProformaAcknowledgement by candidates on election expenses 292 (I)Covering letter from RO on election expenses 290-291 (I)Counting Centres 205-211 (II)Daily law and order reports for districts 165-166 (II)Daily law and order reports for States/UTs 167-168 (II)Declaration by publisher of posters 267 (I)Fumishing information on conviction 113-114 (I), 88-90 (II)Lodging of accounts of election expenses 278-281 (I), 244-263 (II), 266-269 (II)Register for maintenance of day-to-day accounts 286 (I)Submission of information on printing of posters 268 (I)

250

Prophylactic Measures 201-202 (I)

Protected PersonsVoting procedure 85 (II)

Queues outside polling stations -Videography 190 (II)

Randomisation of Polling Personnel 19-21 (II)

Random number generation technique 21 (II), 74-75 (II)

RecruitmentFreeze 122 (II)

RefreshmentCounting staff 317 (I)

Rehydration medicines-284 (II)

Rejection of Nomination 83-84 (II)

RemunerationCounting staff 314 (I), 320-321 (I)Enumerators 312-313 (I), 315-316 (I), 320-321 (I)Police personnel - 305 (II)Polling staff 312-313 (I), 315 (I), 320-321 (I)Prompt payment 318-319 (I)Supervisors 316 (I)

Republic Day Celebrations 129-131 (II)

RequisitioningAccident insurance cover 55-56 (I), 280-283 (II)Compensation 55-56 (I)Hire charges 54 (I)Premises-charging of rent 53 (I)Staff 31-32 (II)Vehicles 41-42 (I), 60 (II)

Resident Commissioners 12-13 (II), 128 (II)

Rest Houses 133-134 (II)

251

ResultDeclaration 240-245 (I)Round-wise 186 (I), 254-256 (I)

Retired Policemen 218(1), 171 (II), 172 (II)

Revision of RollsTransfer of officers -23-24 (II)

Rostrums 137 (II)

SPG Protectees 85 (II), 140-141 (II)

Safe CustodyDeposited firearms 213 (I) Polled ballot boxes 223 (II)

Sanctuaries 30 (II)

Seating ArrangementsCounting centres 101 (I)Polling stations 101 (I)

Section 135 B -302-304 (II)

Section 135 C-147-149 (II)

Section 144 Cr.P.C 213 (I)

Section 159 - 31-34 (II)

Security to Ministers 132 (II)Expenditure on staff 132 (II), 139-142 (II)

Sensitive Areas 214-215 (I)

Shops and Commercial Establishments Act 196(1)

Special Casual Leave 199 (I)

Spouses in Active Politics 79 (II)

StaffSanction of additional staff 311 (I)

252

Standing CommitteesDistrict level 166-168 (I)

State Election CommissionsLoaning of election materials 272-273 (II)Recognition of parties 305-306 (I)Setting up 307-309 (I)Use of symbols 305-306 (I)Work distribution 307-308 (I)

State BhawansUse for political activities 127-128 (II)

State SadansUse for political activities 127-128 (II)

Sugar and Salt 284 (II)

Supreme Court JudgementBank employees 46-47 (I)BHEL employees 48-51(I)Election expenses 269-271 (I), 275-276 (I), 302 (I)Printing of posters 264 (I)

Symbol BlocksAddress of manufacturers 306 (I)Revised design 69-72 (II)

SymbolsConcessions 115-117 (I), 119-120 (I)Fax copy 121 (I)Forms 118 (I)Order 115 (I)Use by State Election Commissions 305-306 (I)

TA/DADuty staff 318-319 (I)Minimum rate 321 (I)Uniform rate 320 (I)

253

TalukasCreation 118 (II)

Tamra Patras 131 (II)Tours of Ministers 177-180 (I), 102-111 (II)

Training

Election officials 35-36 (I)Police officers 36 (I)

TransferAfter 5 years 24 (I)Ban on 23-26 (I)Political considerations 12 (I)

Travel by AirEntitlement of observers 10-11 (II)

Travel Passes 154 (I)

Underaged ElectorsSteps to eliminate 63 (I)

Undue Influence 105 (I)

Urchin VotingSteps to eliminate 63 (I)

VehiclesAkashvani and Doordarshan-60 (II)Details to be given to DEOs 158-159 (II)Making available Govt vehicles 38-43 (I)Misuse of 42 (I)National Game Parks 30 (II)National sanctuaries 30 (11)Purchase of 311 (I)Restrictions on number 174-176 (I)Wild life sanctuaries 30 (II)

VerificationAntecedents of election officials 10-13(1)

254

Videography 219-222 (I), 188-190 (II)

Video TapesErasure and re-use 191 (II)Indexing 221 (I)Inspection 221-222 (I)Supply of copies 221-222 (I)

Visits of Ministers 177-180 (I)

Voting Machines-319-324 (II)Price of battery 323-324 (II)Retention period-319-322 (II)

Voting RightsPreventive detenus 287-290 (II)

Warrants 201 (I)

Weaker SectionsForced withdrawals 104-105 (I)Preventing from filing nominations 104-105 (I)

Welfare MeasuresStock-taking 155-156 (I)

Wild Life Sanctuaries 30 (II)

Wireless SetsBan on use 65 (II)Observers 20 (I)Returning officers 20 (I)

Wiremesh 221 (II) WithdrawalForced withdrawals 104-105(1)

Women ElectorsSpecial facilities 67-69 (I)

Women polling personnel-310-311 (II)

Wooden Barrier 221 (II)