520 likes | 619 Views
Standard Operating Procedure (SOP) For 72 Hours P rior to Elections. Objective of th e SOP
E N D
Standard Operating Procedure (SOP) For 72 Hours Prior to Elections
Objective of the SOP Aselectionapproachesitsculmination,itbecomesimportantand crucial fortheelectionadministrationtotakeupallactionsina verycoherentand timeboundmanner inconsonance withtheprovisionsof thestatutesand instructions of the Commission, to ensure free and fair election. The last 72 hours prior to elections which include the campaign period, non campaign period and poll period is very critical and requires advance planning,meticulousimplementation of essentials to meet the challengeof free and fair elections.
I. POLLING PERSONNEL: 1. THIRD RANDOMIZATION OF POLLING PERSONNEL LetterNo. 464/INST/2014-EPSdated12.3.2014.letter 464/INST/2009-EPSDATED 22.9.2009 • In order to draft and deploy unbiased polling parties in the interest of free andfairelections,thethirdrandomizationofpolingpersonnelcanbedone on P-2 day in presence of the Observer. • 2)Theresultofrandomizationshallbe printedandsealedinpresence • and under signature of the Observer. • 3) The sealed coversshall only be opened on P-1 day at the dispatch • center.
I. POLLING PERSONNEL: • 2. RANDOMIZATION OF FEMALE POLLING PESONNEL: • Letter No 464/INST/2009/EPS dated 22.9.2009 • The female pollingpersonnel should not be put on duty on the basis of computer randomization process. • Theyshould be put onduty by manual randomization by the observers in the neighbouring polling stations so that they are able to go to the polling stations in the morning of the poll day. • 3. DEPLOYMENT OF PHYSICALLY HANDICAPPED PERSONS: • Letter No.464/INST/2008/EPS Date: 23rd December 2008. • The DEO and the RO shall make personal efforts to ensure that the special needs and requirements of the physically challenged persons are taken into account while choosing the polling station for deployment. It shall be ensured that they are posted at the polling stations located in the headquarters.
4. CERTIFICATE OF DEO ON FORMATION OF POLLING PARTIES • Letter No 464/INST/2008-EPS DATED 19.9.2008 • 1. The District Election Officer shall furnish to the Election Commission through the Observers and separately to the Chief Electoral Officer of the State/UT, a certificate immediately after the polling parties have been formed for an election, as below:- • “Certified that:- • (I) The polling parties have been formed by a proper mix of officials drawn from different offices and departments, in presence of Observers and • (II) The officers have been drawn from the State Government departments as well as from the State Public Undertaking etc. as far as practicable. • (III) For the purpose of making polling parties complete data base of all eligible employees in the district has been used.”
5. DISPLAY OF LISTS OF POLLING PERSONNEL: • A list of polling personnel in respect of all polling stations in the constituencyshouldbedisplayedinthe NoticeBoardat leasttwoorthree days before the dayof poll. • No need to supply such liststo the recognized political parties and contesting candidates. • 6. ACCOMMODATION AND FOOD FOR POLLING PARTIES – • Suitable arrangements for accommodation, furniture, food, drinking water, toilet facilities along with electricity for the polling personnel have to be made. • Special emphasis on arrangements for female polling personnel. • If poll is conducted during summer, arrangement for providing shelter for polling personnel and voters. • The Polling Personnel, should also be provided with basic medical kit, water treatment tablets, mosquito repellent. • The rates of food, bed rolls etc. may be pre-determined and standardized by the District Election Officer to avoid local disparity and confusion.
7. POLLING PERSONNEL MANAGEMENT Identification of a senior officer as the nodal officer tocoordinate and supervise polling personnel welfare measures. The name and designation, office and residential address, telephone numbers including mobile number and e-mail ID, if any, of the nodal officer shallbe mentioned inthe district/constituency election management plan and district website. Enough care shall be taken to ensure that the information regarding dispatch and reception centre arrangement etc. is conveyed to the polling personnel latest by P-3 day through the sponsoring authoritiesand district website.
7. POLLING PERSONNEL MANAGEMENT 4)Atthedispatchcenterswheredispersalofpollingpartiesformorethan one Assembly Constituency is arranged, multiple colour coded infrastructural arrangements like tents, stationeries, signage are to be made to mitigate confusion and harassment ofthe polling personnel. Similarly colour coded stickers are to be used for boxes of EVM and vehicle. 6) HelpdeskshouldbeateveryACleveldispersalcenter tomeetupthe queriesofthepollingpersonnelonreceiptofelectionallowances through bank account. The same desk should provide information on dispatch of postal ballots and EDC as well. 7)There shall be adequate provision of drinking water, toilet etc. at the dispatch location.
7. POLLING PERSONNEL MANAGEMENT 8) The coordination between the sector police personnel deputed to accompany the polling personnel should be perfect. 9) A senior officer should supervise the arrangement made for providing transport vehicle for the travel of the polling personnel. 10) Medical staff/para- medical staff shall be stationed at the dispersal and reception centres for health care. 11) After tagging of the Reserve Polling Personnel the excess of estimated requirement may be released in phased manner to avoid overcrowding at the Dispersal Centre/Control Room.
II. DEPLOYMENT OF MICRO-OBSERVERS, VIDEO CAMERA, WEB CASTING Micro Observer: Letter No.464/ INST/2014-EPS Dated 21March, 2014 1. a. As decided by the Commission critical Polling Stations shall at least be covered by one or more of the following measures to keep a watch on the polling process, as force multipliers: i. Micro-observer Video camera Still camera Web casting CCTV
II. DEPLOYMENT OF MICRO-OBSERVERS, VIDEO CAMERA, WEB CASTING : • 2. Randomization of Micro-observers - • The list of Polling Stations whereMicro-observersare to be appointed shall be prepared by the DEO inconsultationwith the Observer,depending on the sensitivity analysis ofPolling Stations and availability of Micro- observers. • The available Micro observers will then berandomized in thepresence of Observer, amongthosePolling StationsonP-2day. • The conditions for randomization of Micro- observerswill bethe same asthat ofPresiding Officers, viz.they shall not be postedon duty ina Polling Station within the same Assembly Constituency, where they are enrolled as voters orwhere they are working. • Theyshall beinformedabouttheexactPolling Station wheretheywillbeondutyonlyonthedayofdeparturei.e. P-1 day.
II. DEPLOYMENT OF MICRO-OBSERVERS, VIDEO CAMERA, WEB CASTING : • 3. Micro-observers in multi-polling station locations – • Incasethe locationat which a Micro-observer is put on duty has more than one PollingStation,theMicro-observershallberesponsibleforallthe PollingStationsat that location. • The Micro-observer shall divide histimebetween Polling Stations and will visit all the Polling Stations within thesame campus atfrequent intervals. • Heshallmakeitknown tothe polling agents ateachPolling Stationthatheisavailableincasetheywanttobring anythingtohis notice.
II. DEPLOYMENT OF MICRO-OBSERVERS, VIDEO CAMERA, WEB CASTING : • 4. Logistics for Micro-observers - • OneNodalOfficer forMicro-observersshallbeappointedforeachdistrictbytheDEO. • From the dispatchcenters they will be sent with the pollingteam to the Polling Station.Theywill returntothe receiptcenterwiththepolling teams. • EachMicro-observershallbegivenaphotoidentitycardbythe DEO toensurehis/heraccesstothePollingStations. • Thepayment of honorarium of the Micro Observer throughECS may be explored. • 5. Supervision of the work of Micro-observers – • General Observers willsupervisetheworkofMicro-observersandshallbeinclosetouch withthem. • Micro-observersshallreport totheObserveraloneandnot to anyother electionofficials.
6. Use of Video Cameras on the Poll day at Polling Stations- • Video cameras shall be used at as many Polling Stations as possible to keep a watch on the proceedings. • In this manner, all critical Polling Stations shall be at least covered by some method to keep a watch on the proceedings. • The videographer/ photographer shall make sure that all important events such as mock poll, sealing of EVMs, signing by polling agents on the seals of EVMs, the voters in the queue, and the proceedings in the Polling Station, including the process of identification of voters, application of indelible ink etc. are properly recorded. Any untoward incident at the Polling Station must also be recorded. The events mentioned are illustrative and not exhaustive
Food for videographers/photographers - Food shall be provided tovideographersand it shall be ensured that the videographers/ photographersDONOTacceptthehospitalityofany contestingcandidate orpoliticalpartyortheirworkers.Allvideoteams should be under the personalsupervision and guidance of asenior electionofficer. 8. Video recording/ photographs to be seen and videographers/ photographers to be available at the time of scrutiny- If videography/ photography has been done at a Polling Station, it shall be viewed by the RO and Observer at the time of scrutiny,in caseofanycomplaint withrespecttothatPollingStation. Videographers/ photographers shall remain available at the time of scrutinysothattheROandObservercanseekanyclarification,ifthey feelit necessary.
9. Meaning of webcasting - Web casting means live streamingofvideoontheInternet.Anyvideocameraincludingawebcam/androidmobilephonecapable ofbeingconnectedto theInternetcanbeusedfor webcasting. CameracanbeconnectedtotheInternetthroughacomputer, either desktoporlaptop. 10. Identification of locations for webcasting – Commission desires that web casting should be done from as many Polling Stations as possible. Efforts should be made for webcasting from all Polling Stations where Internet connection is possible.
III. ELECTRONIC VOTING MACHINE 1. By P-2 day, all EVMs, duly prepared are stored in the strong room under 24x7 security, the list of which has already been given to candidates under acknowledgement. In cases, where the EVMs are required to be shifted to the Dispersal Centres, the movement of EVMs should be done after maintaining the security protocol. The candidates should also be informed about the movement of the EVMs to the Dispersal Centres . 2.At the time of dispatch, the Presiding Officers shall be advised to compare the machine number inscribed on the metal label and the adhesive sticker and also verify the PS no. indicated on the sticker comparedwithPSno.mentionedintheaddresstagbeforeaccepting the EVM.Discrepancy ifanyshallbebroughttothenoticeoftheofficerin chargeofdispatch arrangementandbereconciled. 3.At the dispersal center a special counter should operate for ‘Training on Demand’
4. Reserve EVMs should be allocated totheSectorOfficersunderdue record and they willmaintain a register . 5.Deployment plan of ECIL/BEL engineers should also be made on P-3 day for cluster of sectorsto facilitatequickmovement of the technicians on the poll day in case of any reported failure of EVM. 6. Standing Instructions to Zonal/Sector/Area Officers regarding EVMs – Followingcategoryof EVMs move on poll daywitheitherpollpartyor Sector/Zonal/AreaMagistrate:- Category“A”-PolledEVMs-VVPATs–Thesearetobestoredinthestrongroomas per procedure. Category“B”-Defective polledEVMs-VVPATs–whichbecomedefectiveaftersome votesarerecorded init.Thesearetobestoredinthestrongroomasper procedure. Category“C”-Defective unpolledEVMs-VVPATs–whichbecome defective before commencement ofpollandarereplaced.Shouldbestoredseparatelyina room other than strong room. Category–“D”-UnusedEVMs-VVPATs–EVMswhicharewithSectorOfficerand arenotusedinactualpoll.Shouldbestoredseparatelyinaroomother than strong room.
IV.EXPENDITURE MONITORING: • 1. Schedule of Inspection of Expenditure Registers of Candidates: • Undertheexistingprovisions,theROpreparesascheduleforinspection of Expenditure Register of each candidate by the Expenditure Observer. • The candidate is required to produce the register either in person or through his election agent or any otherperson duly authorized by him before the Expenditure Observer for inspection at least three times during the campaign period. • Since the gap between two inspections shouldbeatleastthreedays,itshouldbeplannedinsuchamanner that the last inspection is fixed on P-3 day. • This schedule shall be given widepublicitythroughPress.Forconvenience,foreach candidatethe timing of inspection may be specified between 10.A.M to 5 P.M. • The inspectionshouldbedoneeitherinthe officeroomofthe R.O.orany other conference room/office chamber.
IV.EXPENDITURE MONITORING: • 2. Prohibitory Activities: • Checking distribution of cash by candidates/political parties along with disbursement of wages under any Government scheme. • It is to be noted thatwhile poor people are not put tohardship due to theModelCodeofConduct,thedisbursementofanycashbypolitical parties / candidates in addition to wages to which the workers are entitled under the scheme,is not permissible. • TheDistrictElectionOfficersshouldmonitorthe disbursement of wages (arrear or advance) and other benefits under Government schemes so as to ensure that there is no payment of cash or gift article by any candidate/ politicalpartyalongwiththewagesunderthescheme.
3. Monitoring andSurveillance Activities by the Flying Squad and Static Surveillance Team: SOP for Flying Squad & Static Surveillance Team 1. ThoughoneFSteamforeachACsegmentfunctionsfromthedate ofannouncementofelectionandshallcontinuetillcompletionofpoll, ithas been stressed by the Commission that there shall be three or more Flying Squads (FS) in each AssemblyConstituency/Segment from P-3 day thatwill continue functioning tillcompletion ofPoll. The Flying Squad shall : (a) attend to all model code of conduct violations and related complaints; (b) attend to all complaints of threat, intimidation, movement of antisocial elements,liquor,armsandammunitionandlargesumof cashforthe purpose of bribing of electors etc.; (c) attend to all complaints regarding election expenditure incurred or authorized by the candidatesIpolitical party; (d) videograph with the help of Video Surveillance Team (VST), all major rallies, public meetings or other major expenses made by political parties after the announcement of election by the Commission.–
In order to facilitate the functioning of Flying Squads during the last 72 hours ,the contact numbers of Magistrate as head of the FS and other officials in FS shall be provided to the Complaint Monitoring Control Room, Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer and Assistant Expenditure Observer. The Magistrate of the FS will ensure that proper procedure is followedandthereisnolawandorder problem.Theentireproceedingshall be video recorded. The ln charge Officer of FS shall also file complaints/F.l.R. immediately against : (i) the persons, receiving and giving bribe; and (ii) any other person from whom contraband items are seized, or (iii) any other antisocial elements found engaged in illegal activity. The copy of thecomplaint/FIR shall be displayed on the notice board of the R. 0. for public informationand be sent to the DEO,General Observer, Expenditure ObserverandPoliceObserver.TheExpenditureObservershall mention it in the Shadow Observation Register, if ithaslinks with any candidate's election expenditure.
The Booth LevelAwareness Groups (BAGs)' may also provide information on any such malpractices to the Flying Squad . • The DEO shall alsorepeattheexercise ofdistributingpamphletsthroughflyingsquad again on P-3 day to P-1 day stating that ‘as the campaigning period for this electionhasended/abouttoend,thevigilancethroughFSandSSThas beenincreasedhence anybody carryingcashexceedingRs.50,000/-should also carry all supporting documents along with it and that it is again reiteratedthatbribingorcasesofthreat/intimidationofelectorsarenot onlyelectoraloffencebutalsopunishableunderIndianPenalCodeand hence everybody should refrain from such activities and knowledge of any such incidence should be reported forthwith. • All the vehicles used by the FlyingSquadsshall befittedwiththe videocameraswith GPSlocatorfor recording the interception made by the Flying Squads.
4. Static Surveillance Team (SST) • The Static Surveillance Teams deployed in each Assembly Constituency shall be manning the check posts during the last 72 hours to pollto keepwatchonmovementofillicitliquor,items ofbribe,orlargeamountofcash,armsandammunitionand alsomovement of antisocial elements in their area. • OnandfromP-3daytillcompletionofthePollProcess the number of teams may be increased to two per police station/Chowki. • Theentire process of checking shall be captured in video or CCTV a daily reportbe sent in due manner.
V. USE OF VEHICLES During campaign by candidates on P-3 and P-2 day TheCommission directs that, subject toexceptions mentioned herein, thereshallbeatotal andabsoluteban onthe useofofficial vehicles for campaigning, electioneering or election related travel during elections. Itisclarified thatthe ban ontheuse ofvehicles will equally apply to the vehicles in or from any States not going to the polls but whose vehicles are attempted to be usedfor campaigneitheropenlyor clandestinely inanyotherState goingtopoll. TheCommission directs that cars/vehicles shall, under no circumstances, beallowed tomove in convoys ofmore than ten vehicles, excluding the security vehicles. Allbigger convoys exceeding 10(ten) vehicles shall bebroken up, evenifthey arecarrying any Minister of Central or State Government or any other person. Thisshall, also be subject to any security instructions issued in respect of anysuch individual.
Prohibition on use of vehicle in election campaigning Though there is no limit on vehicles which a candidate may use for the electioneering purpose, permission for use of vehicle as will be sought by the candidates will be given by the DEO/RO for specific period of time having particulars ofvehicles to be used and time schedule of such usage. Separate permissions will be given for campaign purpose for up to 48 hours from the close of polls and for poll day. Different colors of permission letters shouldbe issued for campaigningandpolldaysothatitfacilitatesmonitoringonthepollday.It issuggestedthatforthispurposethe Permittobeissued bytheDistrict Election Officer may be issued in PINK; the permit prepared by the Returning Officerto be issued inYELLOW;the permitfrom the Chief Electoral Officer, West Bengal will be issued inWHITE. ON THE POLL DAY, THE VEHICLE PERMITS FOR THE 1. One vehicle for CANDIDATE’s own use; 2. One vehicle for the use of his election agent; 3.Inaddition, onevehicleforuseofhis workersorpartyworkers,shouldbe issued by the Returning Officer inGREEN.
There is no intention on the part of the Commission to put a complete ban on all vehicular traffic on the polling day. For genuine bonafideuse for purposes other than election, the following types ofvehicles shallalso beallowed tobe plied onthedayofpoll : (a) Private vehicles being used by the owners for their private use, not connected with elections; (b) Private vehicles being used by owners either for themselves orfor members of their own family for going to thepolling booth to exercise their franchise, but notgoinganywhere within aradius of200meters of a polling station; (c) Vehicles usedforessential services namely hospital vans, ambulance, milk·vans,water tankers, electricity emergency duty vans, police on duty, officers on election duty; (d) Publictransportcarriageslikebusesplyingbetweenfixedtermini and on fixed routes (e) Taxis,three wheeler scooters, rickshawsetc.for going to airports, railway stations, interstate bus stands, hospitals for journeys which cannot be avoided; (f) Private vehicles used by sick or disabled persons for their own use; (g) Vehicles beingused by the Govt. officers on duty toreach their duty point.
VI. STATUTORY MATTERS: • 1.ExciseActivities: • (No.576/14/ 99-PLN-1 dt.21.8.1999,ECIletterNo.464/L&O/2007/PLN-I dated 08.12.2007& ECIletterNo.576/14 /2007/PLN -Idated 28.12.2007). • Allrestrictionsprovided in exciselawonthestorageofliquorin unlicensed premises shallbevigorously enforcedfromP-2day. • Specialdrives should be launchedto unearthillicitliquormakingfactoriesandinformationabout seizures shouldbemadeavailabletotheconcerned DistrictElectionOfficerandReturning Officer. AsSection135CofRepresentation ofPeople’s Act,1951 providesthatno spirituous,fermentedorintoxicatingliquorsorothersubstancesoflikenature shallbesold,givenordistributedatahotel,eatinghouse,tavern,shoporany otherplace,privateor public,withinapollingareaduringtheperiodof48hours endingwiththehourfixedfor conclusionof pollforanyelectioninthepollingarea, ‘DryDay’shallbedeclaredandnotifiedunderrelevantstatelawsforthestipulatedperiod forthe poll areas.
VI. STATUTORY MATTERS: 2. Issuance of 144 CrPc Regarding Ban on unlawful assembly: (No.464/L&O/2007/PLN-I Dated 08.01.07) To be issued by the District Magistrate or any competent authority effective from P-2 day to P+1 day within constituency. Strict vigil shall be maintained by thorough checking of lorries, light vehicles and all other vehicles from 3 days before the date of poll to ensure that no undesirable elements or arms and ammunition are being transported into the constituency from outside and to apprehend them, if they are doing so. Such checking of vehicles shall continue till the completion of the counting of votes and the declaration of results. As and when such culprits are apprehended, the arms and ammunition and vehicles concerned shall be confiscated.
3. Grant of paid holiday to employees on date of poll : Order on grant of holiday to employees to be issued by the state Government in terms of Sec. 135(b) of the R.P Act 1951, wherein it is mentioned that every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. This provision further includes that no deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted under this provision and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.
VII. MODEL CODE OF CONDUCT FOR POLITICAL PARTIES AND CANDIDATES: 1. Since campaign by candidates amplifies during P-3 andP-2 day upto48 hoursfromthecloseofpoll,itshould beensuredthelevel playingfieldis maintainedforallcandidatesandstakeholdersandmodelcodeofconduct is followed in letter and spirit which include that no partyorcandidate shall include any activitywhich may aggravate existing differences or create mutual hatred or cause tension betweendifferent castes and communities, religious or linguistic. Criticism of candidates shallrefrainfromcriticismofallaspectsofprivatelife, not connectedwith the public activitiesof the leaders or workers of other parties.Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided. There shallbe no appeal to caste or communal feelings forsecuring votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
VII. MODEL CODE OF CONDUCT FOR POLITICAL PARTIES AND CANDIDATES: 2.Holdingpublic meetingsduringtheperiodof48hoursendingwith thehourfixedforthecloseofthepoll(G.ONo.464/KT-HP/2014dated 16.4.2014) Generally,when section144oftheCriminalProcedureCodeis imposed during the last 48 hours from the close of poll, restrictions ,thereof, do not permitmore than 5 persons to assemble/move together. The Commissionhasclarifiedthatthisdoes notrestricthouse tohousevisits during 48 hours inconnection with doorto door campaigning. However,this should be specifically spelt out in the orders under Section 144 to avoid any confusion.
3.Useofloudspeaker -DuringtheperiodofcampaignonP-3andP-2day upto48hoursfrom thecloseofpoll,itshouldbeensuredthatPAsystemor loudspeaker or anysound amplifier whether fitted on vehicle or static used forpublicmeetingorelectioneeringpurpose,isnotused beyondthe permissibletimeat nightbetween10pmto6am.&allloudspeakers/PA system / sound amplifier used beyond permitted hours shall be confiscated. Useofloudspeakerduringcampaignperiodwillbegovernedbythe West Bengal Pollution Control Board Order No. No.- EN/326 /T-IV-6/001/2007(Pt.-I)Datedthe5thFebruary,2013readwith Rule5ofNoise Pollution (Regulation & Control) Rules,2000 framed underthe Environment (Protection) Act, 1986, Noloudspeaker shallbepermittedtobeusedduringtheperiodof48 hours ending with poll closing time.
The Memberof Parliament and Member of State Legislative Assembly can stayintheConstituency,during48hoursfromcloseofpoll,fromwhere they are elected, but they cannot visit any other Constituency. However, the permission will be subject to restrictionof not indulging in campaigning etc. as defined under Sec. 126 of the R.P Act, 1951 (G.ONo. 464/KT-HP/2014 dated 16.4.2014) 5. All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station should not be committed.
6. All advertisement for telecasting onTV channelsand cable networks by any political party/candidate must be viewed, scrutinizedand certified by Monitoring Committee on Media Certification (MCMC) andall complaints mustbeattendedforthwith.(Instruction SL.No.77,CoI-2011,ECLetterNo. 509/75/2004/JS-I,Dated 15/04/2004) 7. The campaign by star campaigner should be meticulously tracked. The CEO and DEO should maintain partywise register to track instances of violations being committed by campaigners of political parties. Record also put in public domain so that interested parties can pick up the input. (Instruction SL. No.88, CoI-2011, EC Letter 437/6/inst/2008-CC&BE)
8. While using campaign materials ,all political parties should try to avoid theuseofplastic/polytheneforpreparationofposters,banners etc.during election campaign. (Instruction SL. No. 44, EC Letter No. 4/3/2004/J.S.lI/Vol.l, dated 11.03.2004) 9. No part of State Guest Houses, Bhawans and Sadans should be utilized foranypoliticalactivitieslikeholdingof partymeetingpress conferenceand consultations (Instruction SL. No. 4, Election Commission’s letter No.437/6/98-PLN-IIIdated 08.01.1998) (Relevant to police officers also)
VIII. Law & Order The primary implications of a secure election are: ● Protection of interest electoral stakeholders viz. Voters, candidates, poll personnel, political party workers, Media, Observers. ● Ensuring safety of the poll material, the polling stations, the counting center. ● Ensuring that overall law and order is conducive enough to ensure a level playing field for election campaigning.
VIII. Law & Order Accordingly the Election Commission has issued instructions to ensure peaceful elections which give stress on the following: A. PRE POLL PERIOD (P-3/2 day) 1.(i) Nodal Officersshould be appointed at all functionallevel like state, district who will beresponsible for keeping contacts and coordinating with the election administration, police officials, home department and CAPF . The contact numbers of these officers should be available in public domain as well. (ii) Besides,areferencematerialshouldalsobepreparedindicatingthe relevantSectionsofIndianPenalCode, theR.PActandModelCodeof Conduct(MCC) that arerelevant duringthe course of elections. (iii) Thisreferencematerialshouldbemadeavailable toallfieldofficialsas well.
CPF coordination Aproper orientationneeds to begiven about theroleofCPF vis-à-vis Statepolice/local police and othercoordinationresponsibilities. Security Force Deployment Plan (ECI No. No 464/L&O/2014-EPS dated7.4.2014) Toensure full and optimal utilizationofthe police forces includingCAPFs andStateArmed Police (SAPs), theCommission directs that the State Deployment Plan will be prepared takingintoaccount theavailable forces of the State Government/SAP and CAPF which will be madeavailable by the Ministry of Home Affairs and it willbe the responsibility of theDEO and SP tosee that the deploymentplan is followed very strictly.
Pre-polls- role of CPF • CPF arrives in advance for area domination • Takes out flag marches, point patrolling and other confidence building activities (mostly on foot). • They are providedwith area-wise list of anti-social elements to undertake spot verification (of their whereabouts, presence and activities). • They also interactwith local population with a view to enhance the public confidence 10. Pre Poll Role of State Police •Responsible for maintenance of the general law and order in the catchment area of the polling stations and generally in the constituency/district/state • Take preventive actions • Establish check-posts and prevent illegal movement of cash, liquor, etc. • Vulnerability mapping • Implement ModelCode of Conduct • Handle VIP movement • Implement Deployment Plan • Provide logistical support to CPF
The following steps are taken after the announcement of elections , these need to be stressed during the 72 hrs close to poll : a) Arms/ExplosivesSeizure: Drives should be launched to unearth and seize unlicensed arms and ammunition. A very thorough searchand seizure by the State Police of unlicensed arms and places of indigenous manufactureof arms and ammunitionshallbecarriedoutandpersonsinvolvedshallbearrested. Intra -state and inter- State movements of trucks and commercial vehicles shallbestrictlycheckedwithaviewtopreventingsmugglingofarmsand ammunition and anti-social elements. Raids should be carried out regularly and intensively on underground arms factories. (InstructionSl. No. 66&79. ECIorder No.464/96(L&O) dt.17.1.1996. ECIletter No.464/ L&O/2007/PLN-IDt.8.1.2007) b) 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 toensure 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 papersincluding“NoObjectionCertificate”fromtheDM. Careshouldbe taken that supply reaches the actual consigning and not into the hand of unauthorized persons.
c) Checking of State & International Border & Placement of NAKA: a. Extensive patrolling duty on assigned routes covering the State/InternationalBorder. b. Incaseof inter-stateborderfallingwithintheACboundary,co- ordinationmeeting withtheneighboring district&in caseof Int. border,co- ordination meeting with the BSF will have to be completed by P-2 Day c. Placement ofNAKAatStrategicPointswithelementof surprisechecking to start immediately with the announcement of election by the Election Commission of India. d. Strictvigil shall be maintained bythorough checkingof lorries, light vehicles and all other vehicles from P-3Day to ensurethatnoundesirable elements or arms and ammunition are being transported into the constituency from outside and to apprehend them if theyare doing so. Such checkingofvehiclesshallcontinuetillthecompletionofthecountingof votes and the declaration of results. e. Sealingofinter-stateborders/inter-districtbordersfromP-3 toprevent infiltration of anti-social and disruptive elements. f.SealingofInternationalBorderfromP-3day toweedoutpossibilitiesof infiltration of undesired elements fromacross the border.
Communication Plan: Advanced planning for shadow areas/communication infrastructure: Special alternative measures to be put on place to cover missing links in mobile shadow zones .Fleet of cycle/motor cycle messengers may be put on service where no contacts through any kind of phones could be made.
IX.MEDIA MATTERS: 1.Exit Poll(No. 576/Exit/2014/SDR-Vol.I, Dated: 3rd April,2014) Under the provisions of Section 126A of the R.P. Act, 1951, there shall be restrictionsonconductofanyexitpollandpublicationanddissemination ofresultofsuchexitpollduringsuch period,asmaybe notifiedbythe Election Commission, in this regard; in exercise of the powers under sub- Section(1)of section126AoftheR.P.Act,1951,theElectionCommission, havingregardtotheprovisionsofsub-section(2)ofthesaidSection,may notify the periodfromthe start ofpoll in the first polldayand30 minutes after the end of poll on the last poll day in a State/in the country,as the periodduringwhich conductinganyexit pollandpublishing orpublicizing by means of the print orelectronicmedia or dissemination in any other manner whatsoever, the result of any exit poll in connection with the General Elections tothe House of thePeople and the State Legislative Assemblies and bye-elections from Parliament/Assembly constituencies shall be prohibited.
Opinion Poll: (GO. No. ECI/MCS /98/01 20 January, 1998) • Duringtherunup toanygeneralelectionstotheHouseof thePeopleor State Legislative Assemblies,Opinion Polls are often conducted by different organisations. Theresults of suchopinion polls are published in newspapers, magazines and other periodicals, and sometimes telecast/broadcaston the electronicmedia. • The dissemination of such resultsofOpinionPollsreceiveswidepublicityandcoverageintheprint andelectronicmediaandsuchdissemination,particularly ontheeveof polls, has the potential to influence the electors when they are in the mental process of makingup of their minds to vote or not to vote for a certain political party ora candidate. • Theorganisationsoragencies conducting Opinion Polls shallbe free to conduct such polls, and publish resultsthereof,inorbyanyprintorelectronicmedia,atanytime,except the period mentioned hereunder, during the run up to the polls for the aforesaid generalelections to the Houseof the People and State Legislative Assemblies. • Thus, no result of any opinion poll conducted at any time shall, bepublished,publicizedordisseminated,inanymanner whatsoever,inor byanyprintor electronicmedia,48hoursendingwiththe hoursfixedfor conclusion of poll. • All print and electronic media should formally adhere to theCommission’sinstructionregardingEXITPOLLandOPINIONPOLLand should not mix up the one with the other (GO : 491/Opinion Poll/2014/Communication dated 16.4.2014)
3.Prohibition of campaign by political parties in print & electronic media: In terms of Section 126 of R.P Act, 1951 there is prohibition that (1)No person shall— (a) convene, holdorattend,joinoraddressanypublic meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus;or (c) propagate any electionmattertothepublicbyholding, or by arranging the holding of, any musical concertorany (d)theatricalperformance or anyotherentertainmentoramusementwith a view to attracting the members of the public thereto, inanypollingareaduringtheperiodof48hoursonP-2Dayendingwith the timefixed for theconclusionofthepollforany election in the polling area.
4.IssueofAuthorityletterstomediapersons:(GO.491/96/MCSdated 27.3.1996 & No. 491/2004/MCP-Vol. II Dated 27April, 2004 & 491/Al- INST/2014(Communication) dated; 18thMarch, 2014). ThepermissionoftheElectionCommissionisnotneeded byany person,includingmediapersons,for visitingandmovingaroundinany constituency where election is being held and every person is free to observe theelections.Entryintothepollingstationsishoweverfullyregulatedby thestatutoryprovisionsunderRule32oftheConductofElectionsRules, 1961. No one can enter into any polling station and counting centre as a matterofright.Inadditiontothepersons directlyconnectedwiththe polling and counting, such persons asare specifically authorized by the ElectionCommissioncanaloneenterthepollingstation.Theexclusive power of the Election Commission of India to issue entrypasses to persons includingMediaPersons,alsoincludesthepowertorefuseanentrypassto anypersonifintheCommission’sopinion,therearesufficientreasonsto do so.
X. Assured MINIMUM FACILITIES: The Commissionidentified the list of Assured Minimum Facilities (BMF) which every DEO shall provide ateachpolling station within his district. These Basic Minimum Facilities are: i. Provision for ramp Provision for drinking water Adequate furniture Proper lighting Help Desk vi. Proper signage vii. Toilet for men and women The DEO and the Returning Officer shouldensure the availability of such facilitiesatthepollingstationthroughtheSectorofficeraftertakingdue measures against the short falls in facilities reported earlier,through dove tailing the requirements of the BMF with ongoing/existing schemes ofthe local bodies as most of the polling stations are locatedin Government buildings or local body schools.
XI. ACTIVITIES ON P-1 DAY AT DISPERSAL CENTRE/POLLING STATIONS ETC. 1. Arrangements in a Dispersal centre,the following to be included : i) Enquiry counter Space for displaying decoded list of polling stations Material and EVM distribution counters Counter for tagging of Micro Observers Counter for tagging for camera person vi) Space for tagging of reserved polling personnel vii) Counter for 'training on demand ' Counter for tagging vehicles for movement to polling stations Counter for police/force tagging x) Counter for supplying reserve materials Space for checking of EVMs & materials by polling parties Facilitation centrefor postal ballots Strong rooms for EVMs and storage of other material. Medical Aid xv) SMS registration- facilitation
2.AttheDispersalCentre,theSectorOfficersshouldbeaskedtoremain present at each DC in the morning andhelp the polling personnel to find out the polling station assigned tothem from the decodedlist.They will help the presiding officerand one of the polling officer to make sms registration as per the given syntax, monitor collection of polling materials by the polling parties of the sector and remind the polling personnel to check: 1. Marked copy (1 set) and working copyofelectoralroll(2sets) with4 supplements and due authentication of the ARO in the 2nd supplement against #, Deleted, EDC or PB. 2. Additional Information Sheet (AIS) containing the names of electors who have been issued with postal ballot. 3.ASD list 4. CSV list 5. Ballot Unit and Control Unit of the EVM- particularly to check no and name of polling station in the address tags, current ID no in Green stickers ,pink paper seals, placing of ballot paper, position of sliding switch, identification slips and functioning of the EVM. 6.Green paper seal, Address tags, Specialtag, strip seal 7.Presiding Officers Diary, Declaration of Presiding Officer 8. Tender ballot papers 9. Braille ballot paper 10. Register of Voters (Form 17A) 11.IndelibleInks 12.Arrow Cross Mark 13. Distinguishing Mark 14. List of contesting candidates in Form 7A 15. Specimen signature of the candidate and election agents 16.Electoral Roll in alphabetical order (in single/double booth premises) 17.Other materials as per the list