‘No voter to be left behind’

Part-15.Law and Order – Preventive actions

for peaceful, free and fair elections

15.1 Preventive Law and Order actions for peaceful, free and fair elec-
tions [ECI’s No. 464/L&O/ 2007 PLN-I dt. 8.1.2007, No. 464/INST/2009/EPS dt.
24.03.2009 & Dt. 01.09.2009, No. 464/UP/2011/EPS dt. 30.12.2011]

(i) Increasingly vitiative role of criminality and muscle power at elections-Mea-

sures to be taken over and above the purview of normal law and order
arrangements.

(ii) Measures include the deployment of CPF to assist the State L&O Machinery
in prevention of pre-poll, poll & post-poll violence and confidence building.

15.2 Special drives to be launched from the announcement

(i) to compile list of persons indulged in electoral offences during past two
elections.

(ii) updating list of history sheeters, declared absconders, fugitive criminals.

(iii) to give affect the service of pending warrants/challans and updating list of
pending warrants.

(iv) to expedite the investigation / prosecution of pending election offences.

(v) unearthing& seizure of illicit liquor making factories.

(vi) Thorough search & seizure of illegal arms and places of indigenous
manufacturer of arms & ammunitions– Regular raids- Arrest of offenders.

(vii) 100% scrutiny of arms licenses and ammunition shops.

(viii) Prohibitory orders u/s 144 CRPC banning the carrying of licensed arms.

(ix) Fortnightly updated constituency wise information on above points of special

drives be made available to DEO & RO to be forwarded to ECI, if and when
asked for.

(x) New arms license after announcement of elections till completion of

elections. The issuance of Arms licenses should be in consultation with the
Screening Committee.

(xi) Inter-state and Intra-State movements of trucks and commercial vehicles

shall be checked with a view to preventing smuggling of arms & ammunitions
and anti-social elements.

(xii) Preventive actions u/s 107 116/ 109 CRPC.

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 ‘No voter to be left behind’

15.3 Deposit of Licensed Arms

(i) Immediately after announcement of election, DM/Police Commissioner
shall make a detailed and individual review and assessment under
prevalent laws of all license holders.

(ii) Licensed arms which are considered essential may be impounded in

order to ensure free & fair elections and for maintenance of Law &
Order at elections.

(iii) Among cases which may need to be reviewed are the arms licenses of
persons, -

a) released on bail,

b) having a history of criminal offences, and

c) previously involved in rioting at any time but especially during

elections.

(iv) The above categories are only illustrative and not exhaustive.

(v) The Bombay High Court laid down the guidelines on the subject.

15.3.1 Screening Committee – In every district and in every Commissionerate

area.

(i) In District – It shall consist of DM & SP.

(ii) In Commissionerate – It shall consist of Commissioner of Police and

Joint/Additional C.P. (Admn.)

(iii) Work of screening from the day of announcement of election and to

be completed in respect of licenses placed before it before notification
of elections.

(iv) On receipt of report from Screening Committee, the Licensing

Authority issue notice before last date of withdrawals to the license
holder for depositing the arms and inform about prosecution u/s
188 IPC on failure to deposit the arms.

(v) The license holder, on receipt of notice, shall deposit his arms within 7
days. The Licensing Authority shall give proper receipt to the licensee.

(vi) Decision of Screening Committee shall be final.

(vii) License holder if fails to deposit arms within specified period shall be
liable for prosecution u/s 188 IPC.

(viii) All fire arms so deposited shall be returned to the license holders
immediately after one week after the declaration of result.

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‘No voter to be left behind’

15.3.2 Sportsmen members of National Rifle Association will be exempted

from these restrictions.

15.3.3 Ban not to apply those communities also who are entitled to display
weapons by long standing law, custom and usage. However, District admin-
istration may impound weapons of a person from such communities if they
are found to be indulged in violence or causing a threat to peaceful conduct
of elections.

15.4 Transportation of Arms and Ammunitions

(i) Strict vigil and thorough checking of lorries, light vehicles and all other vehicles
from 3 days before the poll till counting of votes to ensure that no undesirable
elements or arms and ammunitions are being transported from outside.

(ii) Inter-state supply of Arms and ammunitions only on the basis of valid papers
including “No Objection Certificate” from the DM. Care should be taken that
supply reaches the actual consigning and not into the hand of unauthorized
persons.

15.5 Confidence building measures

(i) The DEO & SP shall initiate preventive measures to ensure that intimidation /
obstruction do not really happen on the poll day. They shall undertake tours
and meet the communities and explain the arrangements.

(ii) Police patrolling parties for tracking of vulnerable locations and Control
Room be informed.

(iii) Wherever necessary police pickets shall be established.

(iv) List of vulnerable locations shall be given to CPF.

(v) Wherever CPF arrives in advance for area domination, special attention to
be given on such locations.

(vi) On the day of poll Commander/Asstt. Commander should visit such vulnerable
pockets.

(vii) Complaints about obstructions/threat shall be enquired into immediately.

(viii) Special drive to compile the list of persons who are reported to have indulged
in the offences under SC & ST (Prevention of Atrocities) Act, 1989 during the
election period.

15.6 Display of Arms

Display of arms in support of a candidate shall not be allowed during a procession
or in any meeting in support of a candidate under any circumstances.

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 ‘No voter to be left behind’

15.7 Monitoring, Production, Distribution etc. of liquor

(ECI No. 576/3/2010/EEM dt.22.10.2010)

(i) Production, off take from Central Stocks, Stock limits of licensed stockiest,
daily receipt/off take of retail sellers of IMFL/Bear/Country liquor and opening
/closing time of liquor shops should be closely monitored.

(ii) Daily report by Excise Nodal Officer at district level and State level notifica-
tion of elections till poll.

15.8 Law & Order Report

(i) The Chief Secretary shall arrange for compilation of daily Law and Order
report for each district in format (LOR- Form -1) and for its transmission to
CEO. District Authorities should not send this report directly to ECI.

(ii) The Chief Secretary shall also arrange for compilation of a consolidated
report for entire State in format (LOR- Form-2) by the Home department.

(iii) The reports should be sent to CEO who in turn would fax the report with
comments to ECI.

(iv) Daily report from announcement of elections till completion of elections.

15.9 Actions against persons violating election laws (ECI’s No. 4/2012/SDR
dt.17.9.2012; No.509/CCEO/2009/RCC dt12.05.2014)

(i) Actions to be taken in cases of violation of legal provisions dealing with false
declarations in connection with electoral rolls and elections by persons and
in connection with breach of official duty by officials with regard to conduct
of election.

(ii) Violation of these provisions under IPC, RP Act, 1950 and RP Act, 1951 are
punishable.

(iii) ERO, RO and DEO to initiate action against defaulters by filing complaints
before competent court in case of non- cognizable offences and by getting
FIR registered in case of cognizable offences.

(iv) Delay to be avoided - in view of period of limitation u/s 468 r/w Sec. 469
CrPC.

(v) Complaints filed before the competent court in the case of cognizable
offence – All such cases of violation of law, electoral offences, corrupt practices
etc. should not be withdrawn and those should be pursued to their logical
conclusion.

15.10 District Security Deployment Plan [ECI’s No. 464/L&O/2007PLN-I dt.8.1.07

and No. 464/INST/2008-EPS dt.24.10.2008, No. 470/2009/EPS dt.8.9.2009 No.
464/L&O/EPS-2014 dt. 07.04.2014]]

(i) Full and optimal utilization of CPFs and SAPs to be ensured.

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‘No voter to be left behind’

(ii) CPF can be splitted into half section – (SP to certify that the area is insurgency
/ naxalite free). In areas which are insurgency / militancy/ naxalite affected,
section of CPF not to be broken.

15.10.1 State Deployment Plan – To be prepared in consultation with CEO taking

account the available forces of State Police / SAP and CPF which will be made
available by the ECI / MHA.

15.10.2 District Deployment Plan

(i) To be prepared under the chairmanship of DM/DEO – and to be
approved by Observers – No deviation without express prior approval
of Observer.

(ii) State deployment plan and district deployment plan would be finalized
at least one week before the poll.

(iii) Observers to be given draft force deployment plan on their arrival.

(iv) The plan should have sketch map of each sector and identify vulnerable
pockets and critical PSs.

(v) Police patrol routes and SOs route to the extent possible should be
common.

(vi) Deployment of any force (other than State Police and CPF) i.e. Home
Guards etc. will require prior permission of ECI.

(vii) Security cover to contesting candidates only as per assessment of

threat, and not in routine manner – Observers should be provided with
adequate security.

(viii) Adequate security to Observers and Asstt. Election Observers also.

(ix) Three tier cordoning system to be set up in counting centres.

(x) Sealing of inter-state borders / inter district borders, well in advance

to prevent infiltration of antisocial and disruptive elements.

(xi) For guarding strong rooms after the poll to the extent possible, CPF will
be used and wherever CPF is not available SAP will be used.

(xii) The forces shall be deployed at the PSs in the following order of sensitivity
– CPF followed by SAP followed by DAP.

(xiii) Additional measures at critical polling stations – As per criteria [ECI’s

No. 464/INST/2008-EPS dated 24.10.2008]

15.10.3 Role of CPF and State Police (ECI’s No. 464/INST/2008-EPS dt. 24.10.2008,
No. 464/L&O/2009-EPS dt. 30.3.2009)

(i) CPF not to be kept as strike reserve etc.

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 ‘No voter to be left behind’

(ii) CPF will be used for the purpose of area domination conducting flag
march (should be more on foot), confidence building among electors,
checking of border etc., till 2 days before the poll.

(iii) For the poll day the CPF shall be assigned duties of guarding PSs, poll
material, poll personnel and the poll process and not to look after law
and order – CPF may be deployed in any of the following manners: -

(a) Static guarding of chosen polling stations solely and exclusively

by CPF;

(b) Static guarding of polling stations as part of a mixed (composite)

team with local state force;

(c) Patrolling duty on assigned routes (election sectors) covering

a fixed cluster of polling stations;

(d) Patrolling duty as flying squad in a defined area with surprise

element.

(e) Escorting duty of polled EVM with polling personnel back to

the receipt centre/ strong room after polls are over;

(f) Any other duty which is necessitated to ensure the purity

and fidelity of the election process.

(g) In static duty at chosen PSs – One CPF Jawan from the CPF
party posted at PS will be stationed at the entrance of PS to
watch on the proceedings inside the PS. When a building has
multiple PSs CPF deploy is not sufficient to cover every PS
door then the CPF Jawan on duty at entrance of the PS will
oscillate from one PS door to the other. He will report to
officer in charge of CPF or Observer if anything unusual
observed by him.

(h) Where CPF has been assigned static guard duties but could
not reach the assigned PS, the poll shall not commence.

(i) In some cases, CPF and the local police mixed in the ratio 1:1
- in such case the CPF Jawan will take position at the door of
PS.

(j) Where CPF is on static guard duty (whether exclusively or

competitively) two (at least one) unarmed local police/ HG
be posted at PS premises.

(k) When CPF is assigned duty of mobile patrolling they will

ensure the fidelity of election process and assist the sector
officer. CPF be provided list of critical PSs, vulnerable Hamlets
etc.

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‘No voter to be left behind’

(l) Local State Police for maintenance of general law and order,
in the catchment area of PSs as well as inside and outside of
the polling premises.

(m) Local police not to replace the CPF at PS where the CPF has
been assigned duties solely and exclusively – Supervision
and control over the CPF at PS not by local Police Officer.

(n) When the CPF is assigned duty in a “flying squad” mode, it

shall be accompanied by a Zonal Magistrate.

(o) Hamlets / habitations with in polling area that are vulnerable

to threat, intimidation and undue influence shall be identified
and confidence building and preventing measures be taken
in advance by local state police.

(p) Only if enough CPF is not available, local State Police can be
deployed at PS. In such case the local police shall not stand at
the entrance door of PS and instead would be position away
from the sight of polling personnel inside the PS.

(q) A minimum two unarmed local State Police personnel/Home

Guard for each PS – When a PS is covered with CPF unit, only
one local police will be deployed.

(r) CPF mobile patrolling party will be provided sketch map

indicating PS locations, their sensitive gradations, name and
contact numbers of SO/RO/Observer etc.

(s) After poll the polled EVMs and polling personnel shall be
escorted by CPF.

(t) CPF may also be assigned duty of guarding polled EVMs/

strong room.

15.10.4 Amenities etc. to CPF personnel

(i) IG level officer at PHQ to be appointed as nodal officer to look into
matters of CPF facilities.

(ii) Name, address etc. of nodal officer to be indicated to ECI and DG of

concerned CPF.

(iii) Fooding be made par with the State Police/Polling Personnel.

(iv) Packed lunch or payment for refreshment on poll / counting duty.

(v) Accommodation – as prescribed - Arrangements to be reviewed by

DEO/CEO also.

(vi) Vehicle / transportation with PoL.

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 ‘No voter to be left behind’

(vii) SIM card to Coy. Commanders.

(viii) Mobilization of CPF from other States - Adequate road transport to

destination (up to 500 km) - For distances more than 500 km, rail
transport be arranged.

(ix) Briefing to CPF personnel about challenges of area - If deployed in a

Police Station by SHO and if it is in a district by DM and SP.

(x) Briefing to CPF personnel by Observer and RO also about their

duties, structure, functioning of forces etc.

(xi) Ex-gratia compensation to CPF personnel as per guidelines of ECI

No. 218/6/2014/EPS dt. 25.04.2014.

(xii) Honorarium to the CPF /SAP personnel as per guidelines of ECI No.
218/4/2016/EPS dt. 14.09.2016.

15.11 Identification of critical polling stations and critical zones [ECI No. 464/
INST/2008-EPS dt. 24.10.2008]

(i) Factors to be taken into account –

(a) PSs of high % of Non-EPIC voters.

(b) PSs of high % of missing voters without family links.

(c) PSs having vulnerable pockets – SO’s, Police’s and candidate’s “worry
list”.

(d) PSs where polling was more than 90% and where more than 75%
of votes have been polled in favour of one candidate in last election.

(e) Re-poll reported due to malpractices, and where electoral violence

has taken place during last election.

(f) Anti-social elements and their areas of influence.

(ii) Observer will be consulted while finalizing the list of critical PS.

(iii) Categories of critical PSs – like S-1, S-2, S-3 and S-4. Weight-ages to be
assigned to each category of criticality.

15.11.1 Critical polling stations and zones – Measures to be followed there

at - Police mobiles and zonal mobiles [ECI No. 464/INST/2008-EPS
dt. 24.10.2008 and No. 447/2007/PLN-4 dt. 17.1.2007]-

(i) One or all of the following measures:

(a) CPF to safe guard the PS.

(b) PrOs be briefed to ensure that EPIC / approved identification

document are properly verified and reflected in the remarks
col. of Form 17A.

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‘No voter to be left behind’

(c) List of such PSs be given to Commanding / Assisting

Commanding Officer of CPF to keep an eye on such PSs.

(d) Digital/Video camera be positioned at identified PSs–

Photography inside the PS to capture photos of all electors
in same sequence as in Form 17A and cover poll proceeding
without compromising the secrecy of voting.

(e) Micro Observer to be deployed – with consultation /

approval of Observer.

(ii) Critical events in and around the PS should also be captured /

photographed.

(iii) Digital cameras will be issued by DEO to the trained officers for such
PSs – The officer shall submit a certificate after the poll.

(iv) Media persons not to be allowed to capture photograph inside the

PS. [See also ECI No. PS /AK/2005 dt. 10.9.2005]

(v) Webcasting of poll process at identified PS can be done.

15.12 Vulnerability Mapping (ECI No. 464/INST/ 2007 - PLN-I dt. 12.10.2007, No.
464/INST/2008- EPS dt. 24.10.2008, No. 464/INST/2009-EPS dt. 22.03.2009,
31.03.2009 & No. 464/Instructions/EPS/2011 dt. 05.03.2011)

15.12.1 “Vulnerability”- In the context of election may be defined as, -

(i) susceptibility of any voter or section of voters, whether or not living
in a geographically identifiable area,

(ii) to being wrongfully prevented from or influenced upon in relation

to the exercise of his right to vote in a free and fair manner,

(iii) through intimidation or use of undue influence or force of any kind

on him/her.

15.12.2 The exercise of Vulnerability Mapping - in the context of elections to

be undertaken with the point of view:

(i) to clearly identify vulnerable voter/ section of voters,

(ii) to identify the persons/factors causing such vulnerability, &

(iii) to plan and take adequate corrective action well in advance.

For identification of the areas well in advance, Sector Officers should be

ready before the announcement of election. All help including vehicular
support should be given to the SO.

15.12.3 Exercise on Vulnerability Mapping

(i) For identification of the areas/communities, Sector Officers should
do exercise soon after declaration of election by, -
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 ‘No voter to be left behind’

(a) Visiting the catchment area of every polling station in his

Sector.
(b) Meeting with community, local intelligence etc.
(c) Identify source of threat and intimidation.
(d) Considering incidence and current apprehensions.
(e) Consultation with SHO, BDO, Tehsildar and other local
administrative officers/officials.

(f) Candidates’ “Worry List” when candidates are finalized and

observers have arrived.

(g) Identify names of people who are likely to cause undue influence/
intimidation.

(ii) Sector Officer will prepare, -

(a) The list of vulnerable households & families,

(b) The list of persons and factors causing such vulnerability

(c) Contact no. of household/ Contact points within the habitats/

community vulnerable.

(d) Action taken/proposed.

(e) Contact no. & address of the person who are to be tracked/
prevented from intimidating/wrongly influencing the voters.

15.12.4 Formats
(i) Sector Officer, after visiting the area and collecting information,
shall fill up detailed information in following Formats.

(ii) VM-2 (SO): Proforma for checking and determining vulnerability by

Sector Officer.

(iii) VM-3 (SO): Polling Station wise Format for enlisting Vulnerable
Localities/Pockets/Voter Segments and list of intimidators by Sector
Officer.

(iv) VM-4 (SO): Summary of Polling Station wise enlisting of Vulnerable

Localities/Pockets/Voter Segments and of intimidators by Sector
Officer.

(v) VM-5 (SO): Certificate by the Sector Officer/Sector Magistrate/Head

Constable/Assistant Police Sub inspector.

(vi) These formats are to be necessarily filled for each such locality/

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‘No voter to be left behind’

Pocket, while Sector Officer is touring the locality. The sector Officer
must retain copies of the filled in Formats and submit all filled in
Formats to the Returning Officer within 3 days of announcement of
elections.

(vii) The RO of the constituency shall compile all above information and
finalize the VM for the entire constituency and make it available to
the DEO, within 5 days of announcement of elections after retaining
a copy of the same, in the following format.

(viii) Format VM-6 (RO): Summary of vulnerability and list of persons

causing vulnerability by Returning officer.

(ix) The DEO, on the same lines, must collect the Formats VM/RO and
prepare and make available, the Format ‘VM/DEO’ to the CEO within 7
days of announcement of election. The format prescribed for DEO
reporting is Format VM-7 (DEO): Report on identification of
vulnerability, and action taken at district level.

(x) The CEO must compile all the district Formats VM/DEO of the State
into a book and make this compliance available to the Commission
within 10 days of announcement of elections.

15.12.5 Follow up action on Vulnerability Mapping exercise

(i) Preventing measures by DEO and SP and confidence building
measures for free and fair poll - Frequent visit at such locations.

(ii) Regular feedback by district intelligence.

(iii) DEO / RO shall interact with candidates/political parties.

(iv) A specific officer will be designated at Thana level for tracking the
individual trouble mongers.

(v) The name of Police Officer responsible for each vulnerable location
should be mentioned along with his contact no. in the format to be
sent as ATR.

(vi) The ATR is required to be submitted by DEO & SP jointly to the CEO
5 days before the poll.

(vii) Details of PS wise vulnerability mapping be given to Observer also

on his arrival.

(viii) Action plan by DEO and SP to deal with potential threats and
intimidation points - action under 107 / 116 / 151 CRPC, forcing
trouble mongers’ appearance in police station, placement of police
pickets, visits by officers etc.

(ix) The Police patrolling parties should keep track of the vulnerable
locations and keep the control room informed on the day of poll.
Wherever necessary police pickets should be established.
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 ‘No voter to be left behind’

(x) The Commanders/Assistant Commanders of the CPF shall be given

a list of such vulnerable locations by the DEO.

(xi) On the day of poll, CPF shall make it a point to visit such pockets as
a confidence building measure.

15.12.6 On the day of poll special attention at vulnerable pockets/

families
(a) The Presiding Officer should be briefed about the vulnerable locations. In
the electoral roll the Section within the part should also be marked
for proper monitoring.

(b) SO will verify whether voters from vulnerable habitats /communities

/households are turning up for voting or not.

(c) It can be gauged from the marked copy of electoral roll where voters
who have voted are ticked.

(d) In case SO find that some section of voters is conspicuously absent

then they should inform the RO about this immediately and special
squad will be sent to ascertain that there is no hindrance.

(e) At the end of poll SO to submit special report to RO that voters from
vulnerable habitats were able to vote or not.

(f) The Observers shall give their full attention at every stage. A special
mention shall be made about this in their final report.

(g) If ordered by ECI, Observer will make a reading of the Form 17A and
the marked copy of the electoral roll used at the PS.

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‘No voter to be left behind’

Part-16. Model Code of Conduct

16.1 Period of MCC

MCC comes into operation in the Constituency from the day of announcement of
Election Programme.

16.2 Objective
(i) To develop for maintaining a healthy and peaceful atmosphere conducive
to the conduct of smooth elections.

(ii) To provide level playing field for all political parties and candidates.

16.3 Publicity
(i) Provisions of MCC, Illustrative list of DO’s’ & DON’Ts’, Legal provisions
electoral offences and corrupt practices and ECI’s directions may be
explained in the meetings with political parties/ candidates.

(ii) R.O. to give copies of ECI’s directions to candidates at the time of nominations.

(iii) Wide Publicity through print/electronic media etc.

16.4 Be proactive - check misuse of

(a) Official vehicles of Government/PSUs.

(b) Government Building.

(c) Government Officials/Machinery.

16.5 Important Aspects of the MCC- DO’s & DONT’s (ECI No. 464/INST/2007-PLN-I
dt. 07-01-07)

16.5.1 On Welfare schemes and governmental works:

(i) Announcement of new projects or programme or concessions or
financial grants or promises thereof or laying of foundation stones,
etc., are prohibited.

(ii) These restrictions apply equally to new schemes and also ongoing
schemes. The commissioning of such schemes will be done by civil
authority without associating political functionaries and without
any fanfare or ceremonies.

(iii) Even if a budget provision has been made or the scheme has been
sanctioned earlier or a reference to the scheme was made in the
address of the Governor/budget speech the schemes cannot be
announced/inaugurated/ taken up while the MCC is in operation.

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(iv) No fresh sanctions for governmental schemes should be made.

(v) Review by political executives and processing of beneficiary-oriented

schemes, even if ongoing, should be stopped.

(vi) No fresh release of funds on welfare schemes and works should be

made or contract for works awarded without prior permission of
the Commission. This includes works under the MP/MLA Local Area
Development Fund.

(vii) No work shall start even if work orders have been issued before the
MCC came into effect. However, if a work has actually started, that
can continue.

(viii) There shall be no bar to the release of payments for completed

work(s) subject to the full satisfaction of the concerned officials.

(ix) Prior approval of Commission is required for schemes like providing

relief to people suffering from drought, floods, pestilences, other natural
calamities or welfare measures for the aged, infirm etc. However,
ostentatious functions are not allowed.

16.5.2 Ban on Transfer/Appointments

(i) From the announcement of election programme, no officer/official
connected with election work or likely to be deputed for election
work not to be transferred.

(ii) Transfer orders issued prior to the date of announcement but not
implemented till the announcement should not be given effect without
specific permission from ECI.

(iii) Regular recruitment or appointment or promotion through the

UPSC, SSC, State PSCs or any other statutory authority can continue.
Recruitments through non-statutory bodies will require prior clearance
of the Commission.

(iv) Officers connected with election work should not remain at the
place against the Home District and 3+ policy.

16.5.3 Conduct of Government Servants (ECI No. 62/84 dt. 6.11.84 and Sec
129, 134 and 134A of RP Act 1951 and Civil Services (Conduct) Rules)

(i) No Government servant can take part in political activities - He shall

be guilty of misconduct under the relevant service rules.

(ii) He cannot act as election agent, polling agent, counting agent. It is

an offence. (S.134 of R. P. Act, 1951)

(iii) If he happens to be an official mentioned in Section 129 (1) of R.P.

Act, 1951, he shall also be additionally liable to penal action.

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‘No voter to be left behind’

(iv) He should not be present in public meeting during election cam-

paign. Exception - those officers engaged in law & order and security
arrangements.

16.5.4 Misuse of official vehicles (ECI No. 437/4/96-PLN-III dt. 15.1.96, No.
437/6/96-PLN-III dt. 9.4.1996, No. 437/6/97 PLN-III dt. 18.3.97 and No. 464/
INST/2007 - PLN-I dt. 7.1.07 and No. 437/6/2008/CC&BE dt. 19.10.2008
and No. 464/INST/2014-EPS Dt. 10.04.2014)

(i) Total restrictions on the use of official vehicles such as helicopters,

aircraft (except PM), cars, jeeps, etc.

(ii) Use of official vehicles by Ministers, even on payment for election-

eering purposes including by adopting the official work is totally
prohibited.

(iii) The only exception will be the Prime Minister and other political
personalities who require security of high order.

(iv) Official vehicle means vehicles belonging to Central Govt., State

Govt., Public / Joint Sector under takings of Central or State Govt.,
Local bodies, PRIs and any other body in which any public funds are
invested.

(v) Functionaries of autonomies organizations may use the official

vehicle only for commuting between office and residence and to
attend any official meeting within Head Quarters itself. (ECI No.
437/6/2008/CC&BE dt. 19.10.2008)

(vi) Close watch by district administration.

(vii) Vehicles found being misused, may be confiscated forthwith.

16.5.5 Tours of Ministers (ECI’s No. 437/6/96 PLN.III dt. 17.1.1996; No.
437/6/99 PLN-III dt. 15.7.1999; No. 464/INST/2007 - PLN-I dt. 7.1.2007 and
No. 437/6/2007/ PLN-III dt. 23.11.2007, No. 437/6/INST/2011-CC&BE dt,
24.03.2011 & 01.04.2011)

(i) Official visits and political activities/electioneering not to be combined.

(ii) Tours of Union Ministers - They may visit on purely official business
after letter of certification by Secretary of department/ministry -
Govt. vehicles, accommodation and due courtesies be given for such
official trip.

(iii) Tours of Ministers of State Government -

(a) No Minister shall undertake an official visit.

(b) Election related officers not to be summoned by Minister.

(c) Only exception is Minister in charge or CM in case of failure

of law and order and occurrence of natural calamity.

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(iv) Minister entitled for official vehicles at HQ from their residence to

offices for official work only and not for any political activity.

(v) During visit, whether on a private or official, no pilot car(s) or car(s)

with beacon lights or car affixed with sirens be used by Minister or
by any political functionary, even if he has been granted security
cover. This is applicable whether vehicle is government owned or
private owned.

(vi) Official staff of Minister not to accompany with minister during

electioneering – But one member of non-gazetted personal staff of
the Chief Minister may be allowed to accompany him on personal/
private tour.

(vii) However, such personal staff shall not take part in political activity
or assists the CM in his political work.

16.5.6 Security covers to Ministers/political personalities (ECI No.

437/6/96- PLN-III dt. 9.4.96; No. 437/6/98 PLN-III dt. 18.8.99; No. 4/2001/
JS II dt. 30.3.2001 and No. 437/6/2007 PLN-III dt. 24.10.2007, No. 437/
INST/2009/CC&BE dt. 25.03.2009)

(i) Security covers as per threat perception assessed by Govt. agencies.

(ii) Absolute ban on the use of State-owned aircraft or helicopters

propelled at State cost or hired at State cost for any reason including
security (except P.M.).

(iii) State owned one bulletproof vehicle be permitted where the security
agencies have prescribed such use. Stand-by vehicle not to be permitted
unless so specifically prescribed by security authorities.

(iv) Cost of spare multiple vehicles, where prescribed in the case of SPG
protectee by the security agencies will be borne by Govt. (except the
vehicle used by the SPG protectee.

(v) Propulsion charges of bulletproof vehicle used by PP/SPG protectee

will be borne by the PP/SPG protectee when it is used for non-official
purpose and in case star campaigner it will born by the political party.

(vi) Carcade will be strictly in accordance with security norms. Propulsion

charges of such security vehicles and cost of man power will be met
by State Govt.

(vii) Political functionaries of other states (other than Z+ and SPG protects
for whom approved guidelines exist) will not be permitted with private
security vehicles or security guards - They will be permitted to come
with their PSOs as per X, Y and Z category entitlement. (ECI’s No.
464/RJ-LA/2008 dt. 20.11.2008)

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16.5.7 Other DO’S & DONT’S (ECI No. 464/INST/2007-PLN-I dt. 07-01-07)

A. Illustrative list of DO’S:

(i) Ongoing programmes, which actually started in the field
before the announcement of elections may continue.

(ii) Relief and rehabilitation measures to the people in areas

affected by floods, drought, pestilence, and other natural
calamities, can commence and continue.

(iii) Grant of cash or medical facilities to terminally or critically

ill persons can continue with appropriate approvals.

(iv) Public places like maidans must be available impartially

to all parties/contesting candidates for holding election
meetings. So also use of helipads to ensure a level playing
field.

(v) Criticism of other political parties and candidates should

relate to their policies, programme, past record and work.

(vi) The right of every individual for peaceful and undisturbed

home life should be fully safeguarded.

(vii) The local police should be fully informed of the venue and
time of the proposed meetings well in time and all necessary
permissions taken.

(viii) Restrictive or prohibitory orders, if any, in the place of the

proposed meeting, they shall be fully respected. Exemption,
if necessary, must be applied for and obtained well in time.

(ix) Permission must be obtained for the use of loudspeakers or

any other such facilities for the proposed meetings.

(x) The Police assistance should be obtained in dealing with

persons disturbing meetings or otherwise creating disorder.

(xi) The time and place of the starting/termination of any

procession and the route should be settled in advance and
advance permissions obtained from the police authorities.

(xii) Restrictive orders, if any, in force in the localities through

which the procession has to pass should be fully complied
with. So also, all traffic regulations and other restrictions.

(xiii) The passage of the procession must be without hindrance to

traffic.

(xiv) Cooperation to all election officials at all times to ensure

peaceful and orderly poll.

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(xv) All Workers must display badges or identity cards.

(xvi) Unofficial identity slips issued to voters shall be on plain

(white) paper without any symbol, name of the candidate or
name of the party.

(xvii) Restrictions on plying of vehicles during campaign period

and on poll day shall be fully obeyed.

(xviii) (Except voters, candidates and their election/polling agents),

only persons with a specific valid authority letter from the
ECI can enter any polling booth. No functionary highly placed
(e.g. CM, Minister, MP or MLA etc) is exempt from this condition.

(xix) Any complaint or problem regarding the conduct of elections

shall be brought to the notice of the Observer/RO/Sector
Magistrate/ECI.

(xx) Directions/orders/instructions of the ECI/RO/DEO shall be

obeyed in all matters related to various aspects of election.

(xxi) Do leave the constituency after the campaign period is over

if the political functionaries are not a voter or a candidate or
candidate’s election agent from that constituency.

B. DON’Ts (ECI No. 464/INST/2007-PLN-I dt. 07-01-07)

(i) Any and all advertisements at the cost of the public exchequer
regarding achievements of the party/Government in power
as prohibited.

(ii) No Minister shall enter any PS or the place of counting, unless

he or she is a candidate or as a voter only for voting.

(iii) Official work should not at all be mixed with campaigning/

electioneering.

(iv) No inducement, financial or otherwise, shall be offered to

voters.

(v) Caste/communal feelings of the electors shall not be

appealed to.

(vi) No activity, which may aggravate existing differences or create

mutual hatred or cause tension between different castes,
communities or religious or linguistic groups shall be
attempted.

(vii) No aspect of the private life, not connected with the public
activities, of the leaders or workers of other parties shall be
permitted to be criticized.

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(viii) Other parties or their workers shall not be criticized based

on unverified allegations or on distortions.

(ix) Any place of worship shall not be used for election propaganda,
including speeches, posters, music etc., on electioneering.

(x) Activities which are corrupt practices or electoral offences

such as bribery, undue influence, intimidation of voters,
personation, canvassing within 100 meters of a polling
station, holding of public meetings after campaign period is
over and conveyance of voters to and from polling stations
are prohibited.

(xi) Demonstrations or picketing before the houses of individuals

by way of protesting against their opinion or activities shall
not be resorted to.

(xii) Subject to the local laws, no one can make use of any individual’s
land, building, compound wall, vehicles etc. for erecting flag
staffs, putting up banners, pasting notices or writing slogans
etc. without specific permission of the owner. The specific
permission will be shown to and deposited with the DEO.

(xiii) No disturbances shall be created in public meetings or

processions organised by other political parties or candidates.

(xiv) No procession along places at which another party is holding

meetings.

(xv) Processionists shall not carry any articles, which are capable
of being misused as missiles or weapons.

(xvi) Posters of other parties/candidates shall not be removed or

defaced.

(xvii) Posters, flags, symbols or any other propaganda material

shall not be displayed in election booths of candidates
on the day of poll or near polling booths.

(xviii) Loudspeakers shall not be used either before 6 a.m. or after

10a.m. and without prior written permission of the authorities
concerned.

(xix) Loudspeakers shall also not be used at public meetings and

processions without the prior written permission of the au-
thorities concerned. Normally, such meetings/processions
will not be allowed to continue beyond 10.00 p.m. in the
night and will be subject to the local laws and other relevant
considerations like festival season, examination period, etc.

(xx) No liquor should be distributed during elections.

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(xxi) On the day of the poll, no person having security cover shall
enter the vicinity of a polling station premise (within 100
meters) with his security personnel. Further, on the day of
the poll no such person shall move around in a constituency
with his security personnel. If the person happens to be a
voter also, then he or she shall restrict his/her movement - to
voting only.

(xxii) No person having official security or private security guards

for himself, shall be appointed as an election agent or polling
agent or counting agent.

(xxiii) Grants/payments out of discretionary funds shall not be

sanctioned.

16.6 References to Politicians/Ministers on official website (ECI No.

437/6/2007/Inst./ PLN III dt. 21-11-07 and No. 437/6/INST/2014/CC&BE Dt.
20.03.2014)

References to Ministers, politicians or Political Parties on Govt. official website,

shall be taken off / purged off.

16.7 Restrictions on presence of political functionaries who is not voter, in

the constituency, when campaign period is over [ECI No. 464/INST/2007/
PLN-I dt. 8.1.2007 and 27.2.2007 and No. 464/INST/2011/EPS/734-768 Dt.
11.10.2011]

(i) After the campaign period is over, no political functionary who is not a voter
will remain in the constituency. However, elected MP or elected MLA of poll
going PC/AC should not be asked to leave their Constituency but they shall
not be allowed to carry out any campaign in the Constituency.

(ii) Office bearer of political party, who is in charge of the state, shall declare
his place of stay in the State HQ and his movement shall remain confined
normally between this party office and place of stay.

(iii) Premises like community halls etc., be checked to find out outsiders.

(iv) Check posts in the constituency border for vehicular movement.

(v) Verify the identity of people/group of people -whether they are voters.

16.8 Regulation of plying of vehicles during campaign period [ECI’s No.

437/6/96-PLN-III dt. 16.01.1996, No. 464/INST/2007 PLN-I dt. 9.2.07, No.
437/6/97 PLN-III dt. 18.3.97, No. 437/6/2007 PLN-III (Vol. III) dt. 16.3.2007; No.
437/6/2006-PLN-III dt. 12-11-2007 and dt. 23.11.2007, No. 437/6/INST/2010/
CC&BE dt. 05.10.2010 and No. 464/INST/2014/EPS Dt. 10.04.2014]

(i) Strict action against vehicles plying in contravention of provisions of MV

Act.

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(ii) Close watch on vehicles for any possible mischief or criminal activities
carrying of illegal arms, illicit liquor, and anti-social elements - Such vehicles
not to be release till elections – Penal actions under relevant law also be
taken.

(iii) Vehicles for campaign purpose may ply only with prior approval of DEO
- Original permits bearing number of vehicle and name of candidate be
displayed premonitory on wind screen of vehicles - Details to be given to
Expenditure Observer.

(iv) Vehicle not registered for campaigning if found being used for campaigning
shall be deemed to be unauthorized campaigning for the candidate - Action
for such activity be taken u/s 171H of IPC also.

(v) During filing of nominations up to 3 vehicles be allowed to come within the

periphery of 100 meters of RO/ARO office - Expenditure will be included
in account.

(vi) In case visits by party leader as covered U/S 77 (1) (a) the permits of vehicles
for road journey be issued centrally by CEO in different colour.

(vii) Convoys of more than 10 vehicles (excluding security vehicles in view of

security gradation of PP) not to be allowed from the date of announcement
of Election till completion of election - Bigger convoys shall be broken up.

(viii) Bicycle, two wheelers or cycle rikshaw is also a vehicle u/s 160 of RP Act
1991.

(ix) Only one flag/banner/poster/placard be allowed on one vehicle during

procession.

(x) Vehicle permit to Authorized Nominee in addition to Election Agent of

a candidate – For a particular area for which he was nominated by the
candidate up to the end of campaign period. (ECI’s No.76/2014/SDR
dt.08.04.2014)

16.9 Permission of vehicle to a political party for transporting publicity

material (ECI’s No. 464/INST/2018/EPS dated 18.11.2018)
(i) CEO may grant permission of one vehicle for every 25 ACs to a recognized
political party on request, for distributing publicity material to various party
offices in the State.

(ii) The colour of permit will be different.

(iii) Political party will have to specify the name of district, route map, dates etc.

(iv) The vehicle will be subjected to normal checks and will not be used for
campaigning.

(v) The expenditure shall be incurred by political party and not by candidate.

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16.10 Vehicle permit for office-bearers of recognized political party (ECI’s No.
464/INST/2011/EPS dated 23.03.2011 & 28.03.2011 and dated 08.10.2013)

(i) CEO may issue permit for a maximum 5 vehicles to office bearers of a
recognized political party for campaigning only that can move throughout
the State.

(ii) DEO may permit for one vehicle to district level office-bearers (other than
Star Campaigners) of recognized political party for electioneering in different
constituency within district.

(iii) Permit on different colour from the colour of permits issue to candidates
and Star Campaigners

(iv) Permit in the name of person and details of vehicle – journey, period etc.

(v) The expenditure shall be incurred by political party and not by candidate.

16.11 Prevention of defacement of property (ECI’s No. 3/7/2008/JS II dt.07.10.2008

and 10.11.2008; No.3/7/2014/SDR dt.11.03.2014)

A. Defacement of Public Places

(a) No defacement in any form (wall writing, banners, posters, flags,
hoardings etc.,) be permitted on Government premises.

(b) Writing of slogans displaying of posters etc, erecting cut-outs,

hoardings, banners, advertisement only in any public place
specifically identified for such purposes be allowed strictly as
per local laws - Equal opportunity to candidates/political parties.

(c) If specifically earmarked places are already let out to any agency, the
DEO through municipal authorities should ensure equitable opportunity
to candidates/ political parties.

B. Defacement of Private Places

(a) Not to be permitted on private places, if the local law do not permit
even with consent of the owner.

(b) Where local law has express provisions permitting wall writings,
posters, banners, hoarding etc on private premises the written
permission of the owner is must - Photocopies of the same shall be
submitted by the candidate with a statement in prescribed format,
to the RO within 3 days - Expenditure to be accounted for. However,
expenditure incurred on party campaign without indicating any
candidate shall not be added to candidate’s expenditure.

(c) In areas where there is no law on defacement of private property,

temporary and easily removable campaign material like flags and
banners would be permitted with written permission of the owner.
Copy of the same is to be submitted to the RO within 3 days of putting
up the flags and banners.
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C. Other issues
(a) In case of violation of legal provisions relating to prevention of
defacement of property penal action to be taken.

(b) Displaying of flags and stickers on private vehicles - If it aims to solicit

vote for a candidate, then provision of S. 171-H IPC would be attracted.

(c) No poster/flag/campaign material be displayed on commercial

vehicles, except in case of vehicles permitted for electioneering (Ac-
tion u/s 171-H of IPC).

(d) External modification / fittings including loudspeakers, in contravention

of M.V. Act, not to be allowed on vehicles.

(e) The Election Commission has allowed use of school/college grounds

for political meetings provided that:

(i) Academic calendar of school/college is not disturbed under

any circumstances.

(ii) The school/college management has no objection and prior

permission for such campaigning is obtained from them as
well as Sub Divisional Officer concerned.

(iii) Such permission is granted on first-come served basis and no

political party is allowed to monopolize use of such grounds.

(iv) There is no order/direction of any court prohibiting use of

any such premise/ground.

(v) The political parties/candidates/campaigners shall ensure

that no Model Code norms are violated.

(vi) Any violation in allotment of school/college grounds for

political meetings will be viewed seriously by the Election
Commission. The accountability in this regard lies with the
Sub Divisional Officer.

The political party which has been permitted to use grounds for
campaigning purpose will be responsible to return the ground to
school/college authority concerned, without any damage or with
the requisite compensation for the damage caused, if any.

(f) State Road Transport Corporation Buses and Buses owned by

Municipal Corporation etc. and other Government owned vehicles
shall not be used for display of political advertisements during period
of MCC. (ECI’s No. 3/7/2014/SDR dt.26.09.2014)

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16.12 Accommodation in Government Guest Houses (ECI No. 437/6/2006-PLN-III

(Vol.-II) dt.1.4.2006)

(i) Accommodations in the Guest Houses / Rest Rouses of Govt. or PSUs can be
given to political functionaries who are provided security cover in Z scale
or above, on equitable basis.

(ii) No political activities while staying in such guest houses etc.

16.13 Liquor - Restrictions on Sale (Sec. 135-C of RP Act 1951 & ECI No.
464/L&O/2007 PLN-I dt.7.1.2007)

Liquor not to be sold, given or distributed on polling day and period of 48 hours
ending with close of poll - Dry day shall be declared.

16.14 Police briefing by CM/HM (ECI’s No.437/6/INST/2009/CC&BE dt. 26.04.09)

(i) Security briefing of CM/HM when essential should be undertaken by Home

Secretary or Chief Secretary. If required Police Agency/ Officers may present
in such briefing.

(ii) In situation where is so warranted, DGP/Police Agencies may inform the

political executives and take directions from them in the bona-fied performance
of their duty.

16.15 Misuse of religious institutions for political purposes (ECI’s No. 3/1/2012-
SDR dt. 27.07.2012)

(i) Use of place of worship for election propaganda in any manner is prohibited.

(ii) Use of religious institutions for funds of religious institutions for the
promotion or propagation of any political idea or political activity or for
benefit of any political party is offence and punishable under Religious
Institutions (Prevention of Misuse) Act, 1988.

(iii) In case of violations FIR/complaints be lodged.

16.16 Prohibition of Misuse of SMSs (ECI’s No. 464/INST/2008-EPS dt. 05.11.2008

& No. 464/INST/2012-EPS dt. 15.05.2012)

(i) For objectionable SMSs, which are violating the provisions of MCC, Election
Law and ECI’s directions, the police authorities should advertise special
mobile numbers on which the receiver of such SMSs can forward the said
SMSs along with the number of sender.

(ii) Police authority should initiate enquiry and take action under relevant
provisions of IPC and RP Act, 1951

(iii) Total prohibition of bulk SMSs of political nature during the period of 48
hours ending with the hours fixed for conclusion for poll.

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16.17 Use of loud speakers (ECI No. 3/8/2000/JS II dt. 26.12.2000 and No. 3/8/2005/
JS-II dt.26.9.2005)

(i) Loudspeakers on vehicles or for meetings can be used between 6.00 Am

and 10.00 PM only.

(ii) Permission is must for use of loudspeakers.

(iii) In the case of loudspeaker on vehicles, permit issued by Govt. authority,

shall indicate registration Number / identification Number of vehicles.

(iv) Vehicles used without written permission is liable to be confiscated with

all equipment.

(v) Expenditure to be accounted for.

16.18 Public meeting / processions

(i) A register for permissions granted for meetings etc.

(ii) “First come first” principle be followed strictly.

(iii) Permission - Subject to local laws / prohibitory orders.

(iv) No public meeting / processing after campaign period is over.

(v) Expenditure plan of the public rally must be enclosed with the application
for permission.

(vi) Copy of this expenditure plan shall be given by the DEO along with the copy
of permission to the officer deputed for maintenance of Law & Order, Asstt.
Expenditure Observer, VST & Accounting Team.

(vii) Permission for public rally shall not be given if the candidate does not
produce his account for inspection.

16.19 Temporary offices of candidates during electioneering (ECI No.

437/6/2007/INST/ PLN-III dt. 12.11.2007)

(i) No such offices will be setup by way of encroachment or in campus of a

religious place or contiguous to a educational institution / hospital or within
200 meters of PS.

(ii) Only one flag and one banner (4 × 8 ft.) is allowed.

16.20 Restriction on publication and dissemination of result of exit poll etc.

(Sec 126 A and 126B)

(i) No person shall conduct any exit poll and publish or publicized by means of
the print or electronic media or disseminate in any other manner, the result
of any exit poll, -

(a) At any time during the period as may be notified by the ECI.

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(b) The period may commence from the beginning of hours fixed for
poll on first day and continue till half an hour after close of poll in all
the phases in all States.

(ii) On contravention punishment- imprisonment up to 2 years/fine.

16.21 Prohibition of opinion poll or any poll survey – Opinion

(Sec. 126(1) (b))
poll or any poll survey in electronic media would be prohibited during 48 hours
ending with the hours fixed for conclusion of poll in the polling area.

16.22 Use of National Flag in rallies of political parties (ECI’s No.509/35/2014/

RCC dt.04.03.2014)

(i) No prohibition if proper use.

(ii) Authorities to ensure strict compliance an observance of provision of Flag

Code and the provisions of Emblem and Names (Prevention of Improper
Use) Act, 1950 and Prevention of Insult to National Honour Act, 1971.

16.23 Political Parties & star campaigners

(i) Names to come within 7 days of notification - their movements and expenses
to be closely monitored - cases when it will be apportioned to candidate(s).

(ii) CEO & DEO to maintain a party wise register to track the instances
of violation of MCC by candidates/star campaigners - Brief description be
given about violation, dates of violation, action taken, order passed - This
should also be put in public domain. (ECI No. 437/6/INST/2008-CC & BE
dated 18.2.2009)

(iii) Any violation of MCC by candidates of recognized political parties or by a

star campaigner must be reported to ECI.

16.24 Restrictions on the Printing of pamphlets, posters etc. [ECI’s No.

3/9(ES008)94-JS II/5196 dt. 2.9.94, No. 3/9/2004/JS II dt. 24.8.2004 & No.
3/9/2007/JS II dt. 16.10.2007 and Sec. 127A of RP Act 1951] -

(i) Ensure whether printers and publishers are complying with the provisions
of Sec. 127A of R. P Act, 1951.

(ii) All the printing presses shall be informed within 3 days of announcement
of election in writing by the District Magistrate to furnish information and
printed material as required U/s 127A of RP Act 1951 - Attention towards
provisions of Sec. 77(1) and 127-A of R.P. Act and sec. 171-H of IPC and
ECI’s directions may also be drawn.

(iii) Four copies of such printed material along with declaration of the publisher
shall be furnished to DM by the printer within 3 days of printing.

(iv) List of all the election pamphlets, posters etc shall be exhibited on the notice
board of DM.

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(v) Surrogate advertisements in print media for/against a political party/can-

didate - Expenditure involved in such advertisement has to be added to
account of election expenses u/s 77(1), hence required to be maintained -
Sec. 171H of IPC prohibits expenditure without authority from the candidate.

(vi) Strict action on violation of the provisions of Sec. 77(1) and 127A of RP Act,
1951, 171H of IPC and Commission’s directions.

(vii) A press note should be issued drawing attention towards provisions of Sec.
77(1) and 127A of RP Act, 1951 and Sec. 171H of IPC.

(viii) A report to CEO after completion of election.

(ix) Display of election materials, viz., Cardboard badges, Paper caps, Mobile
stickers, Sticker badges, Flag banners, Cut-outs, Caps, Masks, Scarf are not
covered under section 127-A. Therefore, they should not seized for violation
of 127-A. (ECI No. 464/INST/2012/EVS dt. 20.01.2012)

16.25 Feedback about “Dummy Candidates” and measures to be taken in this

regard (ECI’s No. 464/INST/2008/EPS dt. 7.1.2009)
(i) Actual use of vehicles permitted for campaigning be reviewed - Video
recording and collecting evidence - Issuing notice.

(ii) Before giving permits of vehicles on poll day dummy factor should be
considered.

(iii) Appointment of polling agents should be tracked.

(iv) Close watch on counting agents.

(v) On misuse of permitted vehicle, action u/s 171H IPC to be taken.

(vi) On misuse of vehicle authorized for other candidate, notice be given to

include the expenditure of the candidate, who misused the vehicle for his
campaigning.

16.26 Maintenance of high standards in election campaign (ECI’s No. 437/IN-

ST/2015-CCS dt.09.10.2015)

Political leaders/candidates should observe utmost restraint and decency in

their election campaign speeches and maintain high standards of conduct and be-
haviour.

16.27 Use of videography and digital camera during elections process (ECI
No. 447/2007/ PLN IV dt. 17.1.2007 and dt. 12.10.2007 and No. 4/2008/SDR dt.
15.12.2008)

(i) DEO/RO to make arrangement of videography of critical events during

election campaign day of poll, counting etc.

(ii) Video teams under supervision of Senior Officers - The private videogra
phers to be properly sensitized and be easily identified.

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(iii) Besides Video Surveillance Teams in EEM separate Video Teams will also
be required for videography of various stages of election process to be done
by DEO/RO.

(iv) Critical events which are likely to vitiate the poll and related to election
expenditure by candidates/political parties be videotaped - Viz - Meetings,
violent incidents, booth capturing, intimidation of voter, inducement/ bribery
of voters, canvassing within 100 meters of PS, vulgar display of expenditure,
cut-out/hoardings, movement/ activities of candidates with criminals
records, critical PS, nominations/ scrutiny/ withdrawal etc, preparation of
EVMs, closure and opening of strong rooms, counting process etc.

(v) Video films to be viewed by R.O/VVTs immediately - corrective actions by

R.O - In cases of serious infringement of MCC & seizure of money etc. copy
of video tape accompanied by a brief note by R.O., be sent to ECI.

(vi) Unedited videographic clippings/ cassettes/ CD’s will be handed over to

Observers on the same evening or latest by morning of next day - Certificate
to be also furnished.

(vii) CDs of all critical events should be made available on reasonable cost to
everyone whoever intends to obtain a copy of the same.

16.28 Campaign activities by persons other than political parties and candidates
(ECI No. 437/6/INST/2014/CC & BE dt.26.04.2014)

(i) They should not invoke a religion or religious ground or any activities likely
to create disharmony among classes/groups of people.

(ii) No statement that would amount to attack on personal life of any person or
statement that may be malicious or offending decency and morality.

(iii) Permission to hold meetings etc. subject to undertaking to abide the guidelines
of ECI.

(iv) Videography of such meetings by district administration- Action in case of

violation of law.

(v) A programme amounts to promote the election prospectus of a candidate/

candidates then prior special authority from candidates for incurring
expenses shall be obtained in writing which shall be submitted to DEO
within 48 hours.

16.29 Advertisement of political nature on Radio, TV Channel and cable

networks (ECI No. 509/75/2004 JS-I (Vol. II) dt. 15.4.2004; 26.9.2007; 2.11.2007,
dt. 08.11.2007; 21.11.2008; 18.03.2009, No. 3/ER/2009/SDR dt. 20.3.2009 and ECI
No.491/Paid News/2012/Media dated 27.07.2012; NO.491/MCMT/2014/Communi-
cation dt.15.03.2014, 11.04.2014, 12.04.2014 and 28.05.2015)

(i) Advertisement of political nature on TV Channels, Cable Network and Radio

including private FM Channels, Cinema Halls, audio-visuals display in public
places and social media are to be got certified.

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(ii) Persons other than political party or a candidate cannot give advertisement
on TV Chanel, Cable Network or Radio against a candidate or a party as that
would benefit other parties/candidates.

(iii) ‘Advertisement’ includes programme also which intends to use campaign

material.

(iv) Committees are formed at three level for previewing, scrutinizing and
verifying all advertisements by individual contesting candidates or political
parties before it is inserted in the electronic media.

(v) Bulk SMSs/voice messages on phone in election campaigning shall also be

in purview of pre-certification of election advertisements.

16.29.1 Committee setup in the office of CEO, Delhi

(i) To deal with applications by Central Offices of all Political Parties having
HQs at Delhi.

(ii) Certification by this committee will be valid for telecast/broadcast

throughout country in all States.

(iii) The party should submit a copy of the certificate obtain from
Committee in Delhi to CEO of the State in which such advertisements
are proposed to be telecast/broadcast.

(iv) The copy shall be accompanied with declaration that the same is a
true copy of the certificate.

(v) This should be submitted to the CEO of the State before the advertisement
is telecast/broadcast.

(vi) If the party seeks certification in multiple languages, the advt. material
in each of the language along-with certified transcripts should be
submitted to the Delhi Committee.

16.29.2 State level Committee

(a) Headed by Addl. CEO/Jt. CEO – for certification of political advertisement
by (i) State Units of recognized national political parties, (ii) all registered
political parties having HQ in the State and (iii) all organizations or groups
of persons or associations having their registered offices in the State.

(b) If a party with headquarter in Delhi seeks certification of advt. in any

regional language (without Hindi/English version) the application will be
submitted to the State Level Committee of the State to which the regional
language pertains.

(c) The Committee may accept and pre-certify the advt. from any political
party irrespective of location of their headquarter provided they have the
language competency to do so.

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16.29.3 District level MCMC

(i) For purposes of the certification of advertisements, the RO of the
Parliamentary Constituency/DEO & an ARO (not below SDM) and
an intermediary Expert/Social media expert shall be members of
MCMC.

(ii) For the scrutiny of cases of Paid News etc. there shall be 3 additional
members and in such case DEO of the district concerned will preside
the Committee.

(iii) District MCMC will also monitor all the political advertisements in
electronic media and social media, for checking if the telecast/broad-
cast has been done only after certification by the competent committee.

16.30 Immediate action will be taken in case of political advertisement is found

without certification.

16.31 Broad casting

Broad Casting of commercial advertisement of political nature on Radio Channels
(including private FM Channels) during the period of MCC–Instruction of ECI
about pre-broadcasting scrutiny and certification by the Committees setup at
three levels shall apply to advertisements on Radio also.

16.32 Film actor, if contesting election (ECI’s No.437/6/GJ-HP/2014

dt.15.04.2014)

Telecast of films (other than commercial advt.) involving film actors who are
contesting elections not to be allowed on Doordarshan during MCC period.

16.33 cVIGIL Application

(i) Ensure sufficient number of FST team setup in cVIGIL application
to handle logged cases for complete AC.

(ii) Ensure FST Team members download and Install Investigator App
on their mobile from cVIGIL website

(iii) Ensure FST accept and reject case within 5 minutes.

(iv) Ensure FST submit report within 30 minutes of acceptance, If FST is

taking more than usual time contact them.

(v) By-pass case if FST is not able to reach case co-ordinates.

(vi) Ensure to choose right status (Drop, Dispose and Escalate) for each
case.

(vii) Ensure to send timely report to the DEO.

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16.34 Permission to use video-vans (ECI No. 437/6/Campaign/ECI/INST/FUNCT/

MCC-2016 dated 04.01.2017)

(i) The permission to use video-vans for campaign purpose can be

granted by CEO only.

(ii) Transport Nodal Officer must submit certificate to the CEO that
video-van is in conformity with the Motor vehicle act.

(iii) The contents of the material for election publicity on the video-van
shall be pre-certified from MCMCs

(iv) Any party / candidate seeking permission to use video vans from
CEO, should first obtain necessary NOC from transport authority.

(v) There is no restriction on the number of video-vans which can be

used in a campaign but the expenditure for it shall be duly included
in the Election Expenditure Account of the party / candidate as the
case may be.

16.35 Use of Flags

Broad Casting of commercial advertisement of political nature on Radio Channels
(including private FM Channels) during the period of MCC–Instruction of ECI
about pre-broadcasting scrutiny and certification by the Committees setup at
three levels shall apply to advertisements on Radio also.

16.35.1 Use of Party Flags/Banners by Party Workers at their Residences —

Subject to restrictions under any local law or any court orders in force,
the political parties, candidates, their agents, workers and supporters
may put up banners, buntings, flags, cut-outs, on their own property,
provided they do so on their own volition, voluntarily and without any
pressure from any party, organization or person, and provided further
that these do not cause any inconvenience in any manner to anyone else.
If such display of banners, flags etc. aims to solicit vote for any particular
candidate, then the provisions of Section 171H of the Indian Penal Code
would be attracted and necessary action should be taken under the said
provisions.
16.35.2 Number of party flag to be displayed: There should be only three num-
ber of flags of a party/candidate to be used at party workers’/ support-
ers’ residence and at party offices. In case, some person wants to display
flags of more than one party or candidate, then it shall be restricted to
only one flag of each party/candidate. Display of flags would be subject
to local law and court orders, if any. However, the expenditure shall be
strictly accounted for as per existing directions of the Election Commission.
16.35.3 As for maximum number and size of party flag to be used by party work-
ers on vehicles, Election Commission has instructed as follows:
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(i) Two wheelers- One flag of maximum size 1ft X ½ ft. may be
permitted on one two-wheeler including bike. No banner shall be
allowed. 1 or 2 small stickers of appropriate size may be permitted
on each vehicle.

(ii) Three wheelers, four wheelers, e-rickshaws- One flag of maximum

size 1ft X ½ ft. No banner will be allowed. 1 or 2 small stickers of
appropriate size may be permitted on each vehicle.

(iii) As for a road show, only one flag of the size of 1 ft. X ½ ft. would be
allowed by the Returning Officer on a campaign vehicle.

(iv) Length of pole/stick for carrying flag shall not be more than 3 feet.

(v) It is clarified that if a party is having a pre-poll alliances/seat sharing

arrangement with another party then campaign vehicle of a candidate/
political party may display one flag each of such parties.

(vi) During a road show, the maximum size of a banner to be carried

out with hand will be 6 ft. X 4 ft.

16.35.4 While using flags or stickers on any vehicle, due care shall be taken that
visibility of the driver (of concerned vehicle or any other vehicle on
road), and any passenger from front or rear view is not hampered in any
manner.
16.35.5 No spot/focus/flashing/search lights and hooters shall be put on any
campaign vehicle.
16.35.6 No person shall put any flag or banner or sticker of big size on any vehicle
except with prior permission of the Competent Authority, and subject to
the relevant provisions of law and court direction/orders, if any.
16.35.7 Chief Electoral Officer shall ensure that all the local law, court’s direc-
tions/orders and provisions of Motor Vehicle Act are uniformly applied
throughout the State.
16.36 Regulation of Road Shows During Elections-
The Election Commission, to avoid inconvenience to the general public/
commuters during road shows, issued the following instructions-
(i) Prior permission for road shows shall be taken from the Competent
Authority.

(ii) As far as possible, road shows, subject to court orders and local laws,
should be permitted only on holidays and during non-peak hours,
on routes other than those having big hospitals, trauma centers,
blood banks and heavily crowded markets.

(iii) Number of vehicles and persons expected to join the road show
shall be intimated in advance.
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(iv) The road show shall not cover more than half the road width to
ensure safety of general public and free movement of traffic on the
other half.

(v) Simultaneous plying of number of vehicles on road including e-rick

shaws to be limited to 10. In case it exceeds the limit of 10 vehicles
then the convoy shall be broken after every 10 vehicles and a gap
of 100 mtrs maintained.

(vi) Safety of public and persons attending the road show shall be en
sured. Bursting of fire crackers and carrying of fire arms shall NOT
be permitted at all.

(vii) Loudspeakers can be used as per the Election Commission’s existing

instruction and subject to local laws and court orders, if any.

(viii) Display of animals in road shows is totally banned. Children, partic

ularly school children in uniform, should not take part in road shows.

(ix) The maximum size of banner to be carried with hand will be 6ft X 4ft.

(x) Only one flag of the size 1 ft X 1/2 ft with the permission of the
Returning Officer concerned would be allowed on campaign
vehicles in a road show.

(xi) No spot/focus/flashing/search lights and hooters shall be put on

any campaign vehicle.

16.37 Prohibition on campaign related activities

(ECI’s Instrumentation No. 3/8/2018/SDR/Vol. I dt. 05.09.2018) -
During MCC period there shall be prohibition on campaign related activity
including door to door campaign, SMS, WhatsApp calls, usages of Loud
Speakers etc. between 10.00 p.m. to 6.00 a.m. as it is necessary to respect
the privacy of the citizens and reduce the disturbance to public life in
general.

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