Faq mcc eng

MODEL CODE OF CONDUCTFORTHE GUIDANCE OF POLITICAL PARTIESAND

CANDIDATES

FREQUENTLYASKED QUESTIONS (FAQs)

Election Commission of India

2014

Nirvachan Sadan, Ashoka Road, New Delhi- 110 001

Q. 1.Ans.

Q. 2.Ans.

Q. 3.

Ans.

Q. 4.

Ans.

FREQUENTLY ASKED QUESTIONS (FAQs)

MODEL CODE OF CONDUCT

What is the Model Code of Conduct?The Model Code of Conduct for guidance of political parties andcandidates is a set of norms which has been evolved with theconsensus of political parties who have consented to abide bythe principles embodied in the said code and also binds them torespect and observe it in its letter and spirit.

What is the role of Election Commission in the matter?The Election Commission ensures its observance by politicalparty(ies) in power, including ruling parties at the Centre and inthe States and contesting candidates in the discharge of itsconstitutional duties for conducting the free, fair and peacefulelections to the Parliament and the State Legislatures underArticle 324 of the Constitution of India. It is also ensured thatofficial machinery for the electoral purposes is not misused.Further, it is also ensured that electoral offences, malpracticesand corrupt practices such as impersonation, bribing andinducement of voters, threat and intimidation to the voters areprevented by all means. In case of violation, appropriatemeasures are taken.

From which date the Model Code of Conduct is enforced andoperational upto which date?The Model Code of Conduct is enforced from the date ofannouncement of election schedule by the Election Commissionand is operational till the process of elections are completed.

What is applicability of code during general elections andbye-elections?

a. During general elections to House of People (LokSabha), the code is applicable throughout thecountry.

b. During general elections to the LegislativeAssembly (Vidhan Sabha), the code is applicable inthe entire State.

c. During bye-elections, the code is applicable in theentire district or districts in which the constituencyfalls.

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Q.Ana.

5. What are the salient features of the Model Code of Conduct?The salient features of the Model Code of Conduct lay down howpolitical parties, contesting candidates and party(s) in powershould conduct themseives during the process of elections i.e. ontheir general conduct during electioneering, holding meetings andprocessions, poll day activities and functioning of the party inpower etc.

ON OFFICIAL M/\CH!NERY

Q. 6.· Whether a Minister can combine his official visit withelectioneering work?

Ans. NoThe Ministers shall not combine their official visit withelectioneering work and shall not also make use of officialmachinery or personnel during the electioneering work.

Q. 7. Whether Govt. transport can be used for electioneeringwork?

Ans. NoNo transport including official air-crafts, vehicles etc. shall beused for furtherance of the interest of any party or a candidate.

Q. 8. Whether Govt. can make transfers and postings of officialswho are related to election work?

Ans. There shall be a total ban on the transfer and posting of allofficers/officials directly or indirectly connected with the conductof the election. If any transfer or posting of an officer isconsidered necessary, prior approval of the Commission shall beobtained.

Q. 9. Suppose an officer related to election work has beentransferred by the Govt. before enforcement of model codeof conduct and has not taken over charge at new place. Cansuch officer take over charge of office at new place afterannouncement of the code?

Ans. NoStatus-quo-ante shall be maintained.

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Q. 10. Whether a Minister of Union or State can summon anyelection related officer of the constituency or the State forany official discussion during the period of elections?

Ans. No Minister, whether of Union or State, can summon any electionrelated officer of the constituency or the State for any officialdiscussions anywhere.If Union Minister is traveling out of Delhi on purely officialbusiness, which cannot be avoided in public interest, then a lettercertifying to this effect should be sent from the concernedsecretar, of the Ministry/Department to the Chief Secretary of theconcerned State, with a copy to the Election Commission.

Q. 11. Can an official meet the minister on his private visit to theConstituency where elections are being held?

Ans. NoAny official who meets the Minister on his private visit to theconstituency shall be guilty of misconduct under the relevantservice rules; and if he happens to be an official mentioned inSection 129 (1) of the Representation of People Act, 1951, heshall also be additionally considered to have violated thestatutory provisions of that Section and liable to penal actionprovided thereunder.

Q. 12. Whether Ministers are entitled for official vehicle during theelection?

Ans. Ministers are entitled to use their official vehicles only forcommuting from their official residence to their office for officialwork provided that such commuting is not combined with anyelectioneering or any political activity.

Q. 13. Whether Ministers or any other political functionaries canuse pilot car with beacon lights affixed with siren?

Ans. Minister or any other political functionary is not allowed duringelection period, to use pilot car or car with beacon lights of anycolour or car affixed with sirens of any kind whether on private orofficial visit, even if the State administration has granted him asecurity cover requiring presence of armed guards to accompanyhim on such visit. This prohibition is applicable whether thevehicle is government owned or private owned.

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Q. 14. Suppose there is a visit of President I Vice President at anyplace In the State. Is a Minister allowed to use VIP Car withother protocol?

Ans. YesThe Minister may leave with.VIP car and other protocol from hisheadquarters to the place of visit of President! Vice Presidentand return to his headquarters without attending any otherfunction/meeting with any other political functionary. Thisrestriction shall be applicable from the time he leaves theHeadquarters and till he reaches backthe headquarters.

Q. 15. Suppose a vehicle has been provided to Minister by theState and the Minister is given an allowance for maintenanceof such vehicle. Can it be used by the Minister for electionpurposes?

Ans. Where a vehicle is provided by the State or the Minister is givenan allowance for maintenance of the vehicle, he cannot use suchvehicle for election.

Q. 16. Whether facility of official vehicles can be withdrawn fromthose ministers who violate the provisions of Model Code ofconduct?

Ans. YesThe Chief Electoral Officer shall also recover the cost ofpropulsion from the ministers who may misuse their officialposition.

Q. 17. Whether there is any restriction or visits of members ofNational Commission for Schedule Castes or any othersimilar National/State Commissions?

Ans. It is advised that all official visits of Members of suchCommissions shall be deferred, unless any such visit becomesunavoidable in an emergent situation, till the completion ofelection exercise to avoid any misunderstanding that may arise inany quarters.

Q. 18. Whether members of Finance Commission of Govt. of Indiacan visit State(s)?

Ans. YesProvided neither the press briefings nor press notes would beissued, highlighting the achievements of the State or otherwise.

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Q. 19. Whether Chief Minister and other Ministers can attend NewYear Day function (of the State), which is a State function?

Ans. NoOnly Chief Secretary and other officials may participate and nopolitical person including Chief Minister or Minister mayparticipate in such function where Govt. funds are used.

Q. 20. Whether a Chief Minister/Minister/Speaker can attend a"State Day" function of a State?

Ans. There is no objection provided that he does not make anypolitical speech on the occasion and. the function is to beconducted only by Govt. officials. No advertisement depicting thephotograph of Chief Minister/Minister/Speaker shall be released.

Q. 21. Whether Governor/Chief Minister/Ministers can participateand address the Convocation function of University orInstitute?

Ans. .Governor may participate and address the Convocation. ChiefMinister or Ministers may be advised not to participate andaddress the Convocation.

Q. 22. Whether "Iftar Party" or any other similar party can behosted at the residence of political functionaries, theexpenses of which will be borne by State exchequer?

Ans. NoHowever any individual is free by to host any such party in hispersonal capacity and at his personal expense.

Q. 23. Is there any restriction on address of Governor in theAssembly Session (budget)?

Ans. No

ON WELFARE SCHEMES, GOVERNMENT WORKS ETC.

Q. 24. Is there any restriction on issue of advertisement at the costof public exchequer regarding achievements with a view tofurthering the prospects of the party in power?

Ans. YesThe advertisement regarding achievements of the party at thecost of public exchequer in the print and electronic media and themisuse of official mass media during the period of election isprohibited.

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Q. 25. Whether hoardings/advertisements etc. depicting theachievements of the party(s) In power at Centre/StateGovernments at the cost of public exchequer can bacontinued?

Ans. NoAll such hoardings, advertisements etc. on display shall beremoved forthwith by the concerned authorities. Further, noadvertisements should be issued in the newspapers and othermedia including electronic media at the cost of public exchequer.

Q. 26. Whether a Minister or any other authority can sanctiongrants/ payments out of discretionary funds?

Ans. NoMinisters and other authorities shall not sanctiongrants/payments out of discretionary funds from the timeelections are announced.

Q. 27. Whether money can be withdrawn from treasury againstthe sanctioned amount from the discretionary funds ofMinisters to prepare draft in the names of beneficiarieswhich may be disbursed after process of election iscompleted?

Ans. The funds may either be kept in "Personal Ledger Account" ofthe concerned Department or the release may be deferred tillthe completion of elections.

Q. 28. Suppose work order has been issued in respect of ascheme or a programme. Can it be started afterannouncement of election programme?

Ans. Work shall not be started in respect of which work order hasbeen issued before announcement of election but the work hasactually not started in the field. If a work has actually started inthe field that can be continued.

Q. 29. Whether fresh release of funds under MPs/MLAs/MlCsLocal Area Development Fund of any scheme can bemade?

Ans. NoFresh release of funds under MPs/MLAs/MLCs Local AreaDevelopment Fund of any scheme shall not be made in anyarea where election is in progress, till the completion of theelection process.

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Q. 30. There are various rural development programmeslschemes of Central government like Indira Awas Yojana,Sampoorna Grameen Rozgsr YoJsna, Swaranjayanti GramSwarozgar YoJana, National Food for Work programme,National Rural Employment Guarantee Act. Are there anyguidelines for Implementation of theseschemes/programmes?

Ans. YesFollowing guidelines shall be followed in respect of eachscheme/programme as enumerated below:-a) Indira Awas Yojana (lAY)Beneficiaries, who have been sanctioned housing schemeunder lAY and have started work, will be assisted as pernorms. No new constructions will be taken up or freshbeneficiaries sanctioned assistance till the elections are over.(b)) SampoornaGrameenRozgarYojana (SGRY)Continuing works in progress may be continued and fundsearmarked for such works can be released. In case of anyPanchayat where all ongoing works have been completed andthere is a requirement for taking up new wage employmentworks and where funds released directly to the Panchayatsfrom the Ministry of Rural Development are available, newworks can be started from approved annual action plan for thecurrent year with the prior consent of the District ElectionOfficer. From other funds, no new works shall be started.c) Swaranjayanti GramSwarozgarYojana (SGSY)Only those help groups which have received part of theirsubsidy/grant will be provided the balance installments. Nofresh individual beneficiaries or SHGs will be given financialassistance till the elections are over.(d) National Food for Work Programme{NFWP)There is no objection for continuance of old works and sanctionof new works in those districts where no elections have beenannounced. In those districts where elections have beenannounced and are in progress, only those works may beundertaken that have already started physically on ground,provided outstanding advance given for implementation of suchworks at a given time shall not exceed the amount equivalentto work for 45 days.

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e) National Employment Rural GuaranteeAct (NERGA)

The Ministry of Rural Development shall not increase thenumber of districts in which it is being implemented afterannouncement of eiections. The job card holders will beprovided employment in the ongoing work, if they demandwork, after announcement of elections. In case no employment

. can be provided in ongoing works, the competent authoritymay start new work(s) from the shelf of projects that has beenapproved and inform the fact to concerned District ElectionOfficer (DEO). No new work shall be started by the competentauthority till such time employment can be given in ongoingworks. In case no shelf of project is available or all worksavailable on shelf have been exhausted, then the concernedcompetent authority shall make a reference to the Commissionfor approval through the concerned DEO. The competentauthority shall also furnish a certificate to DEO to the effect thatthe new work has been sanctioned as no employment can begiven to the job card holder in the ongoing work.

Q. 31. Whether a Minister or any other authority can announceany financial grants in any form or promises thereof or layfoundation stones etc. of projects or schemes of any kindsetc.?

Ans. NoMinisters and other authorities shall not announce any financialgrants in any form or promises thereof; or (except civil servants)

. lay foundation stones etc. of projects or schemes of any kind; ormake any promise of construction of roads, provision of drinkingwater facilities etc. or make any ad-hoc appointments inGovernment, Public Undertakings etc.

In such case, senior Govt. Officer may lay foundation stoneetc. without involving any political functionary.

Q. 32. A budget provision has been made for a particular schemeor the scheme has been sanctioned earlier. Can suchscheme be announced or inaugurated?

Ans. NoInauguration/announcement of such scheme is prohibited duringelection period.

Q. 33. Whether ongoing beneficiary scheme can be continued?Ans. No

The processing of beneficiary oriented scheme, even if ongoing,shall be suspended during election period. Further, no freshrelease of funds on welfare schemes and works should be made.

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Q. 34. Suppose work order has already been issued for a scheme.Can work be started In respect of such scheme?

An.. No work shall be started in respect of which even if work ordershave already been issued, if the work has actually not started inthe field. Work can start only after the completion of electionprocess. However, if a work has actually started, that can becontinued.

Q. 35. Is there any bar to release of payments for completedwork?

Ans. There shall be no bar to the release of payments for completedwork subject to the fullsatlsfaction of the concerned officials.

Q. 36. How the Govt. may meet the emergency situation orunforeseen calamities, when there are restrictions forannouncing welfare measures?

Ans. For tackling emergencies or unforeseen calamities like providingrelief to people suffering from drought, floods, pestilences, othernatural calamities or welfare measures for the aged, infirm etc.,Govt. may do so after obtaining prior approval of the Commissionand all ostentatious functions shall be strictly avoided and noimpression shall be given or allowed to be created that suchwelfare measures or relief and rehabilitation works are beingundertaken by the Government in office with any ulterior motive.

Q. 37. Whether financial institutions funded, partially or wholly bythe Governments can write off loans advanced to anyindividual, company, firm, etc.?

Ans. NoThe financial institutions funded, partially or wholly by theGovernments shall not take recourse to writing off loansadvanced to any individual, company, firm, etc. Also, financiallimits of such institutions, while granting or extending loans,should not be enhanced by issuing of loans indiscriminately tobeneficiaries.

Q. 38. Whether tenders, auctions etc. relating to matters such asliquor vends, Tendu leaves and other such cases can beprocessed?

Ans. NoProcessing of such cases should be deferred till the completionof election process in the concerned areas and the Govt. maymake interim arrangements where unavoidably necessary.

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Q. 39. Suppo•• contract for Toll Tax Is expirln.g at the end offinancial year (31st March of the year), for which auetlon datehal already been proposed/advertised. Whether auctioncan be held for awarding the contract?

An.. YesProvided the contract is supervised by theCommissioner/DivisionalCommissioneror some other seniorDistrict Officer directly answerable to theCommissioner/DivisionalCommissionerand there is no changein the earlierpolicyor auctionprocedure.

Q. 40. Whether meeting of Municipal Corporation, NagarPanchayat, Town Area Committee, etc. can be convened toreview the revenue collection and preparing draft anuualbudget etc?

An.. YesProvidedthat at suchmeetingsonly the mattersof routinenaturerelatingto day-to-dayadministrationmaybe takenup andnot themattersrelatingto its policiesandprogrammes.

Q. 41. Whether function regarding "Stop TB" programme can beheld which may be Inaugurated by a political functionary andwhether an advertisement on "World TB Day" can bereleased and published?

Ans. There is noobjectionprovided-i. during the inauguration

ceremony, no politicalspeechesare made,

ii. no advertisement withphotographsof PMand / oranyMinisteris issued,and

iii. advertisements andspeeches are confined tothe subject of combatinganderadicationof TB only.

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Q. 42. Whether political functionaries can participate In thecelebration of "Sadbhavna Dlwas" which Is celebratedthrough out the country?

Ans. The Central Ministers I Chief Minister I Ministers in the Statesand other political functionaries can participate in the celebrationof "Sadbhavna Diwas" subject to condition that the "theme" oftheir speeches should be confined only to the promotion ofharmony among the people' and no political speech should bemade. Messages, if any, issued in the name of Minister shouldbe confined to the theme of national integration only and shouldcarry no photograph of the concerned Minister.

Q. 43. Whether State-level functions can be held for observance ofMartyrdom of Martyrs which may be presided/attended to byChief Minister I Minister?

Ans. YesProvided. that the speeches of the Chief Minister and otherMinisters should restrict to the Martyrdom of the Martyrs andpraising them. No political speech or speech enumerating orreferring to the achievements of the Government or party inpower should be made.

Q. 44. Whether birthday celebration of Shri Babu Jagjivan Ram andDr. B.R. Ambedkar which falls on 5th April and 14th Aprilrespectively as a State function may be conducted?

Ans. YesProvided it is not used as an occasion for political campaign orhighlighting public achievements of the Govt. and also there is noostentation and no political functionary addresses such meetings.The above restriction shall be equally applicable in all such otherfunctions.

Q. 45. Whether Kavi Sammelan, Mushiaras or other culturalfunctions can be organized in connection with theIndependence Day/Republic Day celebration and whetherpolitical functionaries can attend the same?

Ans. YesThe Central Ministers / Chief Minister / Ministers in the Statesand other political functionaries can attend the programme.However, it will be ensured that no political speeches highlightingthe achievements of the party in power are made on theoccasions.

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Q. 46.

Ans.

Q. 47.

Ans.

Q. 48.

Ans.

Q. 49.

Ans.

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Whether films can be telecast on the occasions of birth anddeath anniversaries !ceremony anniversaries of prominentleaders in which WIPsNIPs may likely to feature?May not be telecast, in case the coverage involves WIPsNIPs.

Whether media campaign can be made for effectiveimplementation of statutory warnings, etc. on sale ofCigarettes and other tobacco products?YesProvided that photos/messages of political personalities etc. shallnot be associated with the campaign.Whether political advertisements can be printed on backside of the bus-ticket of Govt. owned buses?No

Whether Govt. can release convicted criminals on paroleafter following due procedures?If the Govt. feels that the release of any convict on parole isabsolutely essential for certain compelling reasons, in that caseGovt. shall consult the Chief Electoral Officer before grantingparole.

Q. 50. Whether minimum support price of wheat and otheragricultural products can be determined?

Ans. A reference in the matter shall be made to the ElectionCommission.

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Q 51. Whether the Government can proceed and act upon thefollowing indicative illustrative list of items, which is notexhaustive, without obtaining clearance/approval from theElection Commission?

(I) Extension of term of an official forfurther period except officials relatedto conduct of elections,

(ii) Enhancement of minimum penalty incase of ticket less travel,

(iii) Sanctioning of grants to consumer.co-ordination council from consumerwelfare fund to organize aconference on world consumerrights day,

(iv) Issuing advertisement regardingpulse polio immunizationprogramme,

(v) Seeking financial assistance fromNational Calamity Contingency Fundfor drought relief measure-deputingof Inter-Ministerial team of officers tovisit concerned State,

(vi) Request of the State Govt. fortransportation of water and fodderby Rail in areas declared droughtaffected,

(vii) Promotion of officials by conveningDPC and filling regular posts fallingdue to retirement, deputation, etc.,

(viii) Appointment of persons oncompassionate grounds inpursuance of Court's orders,

(ix) Celebration of "May-Day",(x) Providing additional charge of office

of one officer to another one,

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(xl) To call and finalize tenders ofroutine, repair maintenance,strengthening .and upgradationpublic utilities being run by thelocal authorities,

(xli) Replacement/repair or damagedwater supply distribution pipes,

(xiii) To issue work order of constructionof public facilities and public toiletson BOT basis in pursuance ofCourt's directions,

(xiv) To conduct the election of collegestudents union,

(xv) Clearance of unauthorizedstructure/land as per orders ofCourt,

(xvi) Release of advertisement foractivities relating to control ofHIV/AIDS,

(xvii) Release of advertisement to createawareness about importantprovisions of labour laws,

(xviii) Purchase of uniform clothes andequipments for Police and awardingof Tender thereof,

(xix) Commencement of desilting ofdrain/cattle ponds

(xx) Grant of financial upgradationunder assured career progressionscheme to employees,

(xxi) Calling of tenders for work tocontrol mosquitoes

(xxii) Transfer/posting of doctors,(xxiii) To shift criminals from one jail to

other jail in pursuance of Court'sorders,

(xxiv) To form Committee for stock ofchemical fertilizer for Kharif andRabi crops,

(xxv) To purchase medicine andequipments for hospitals for whichgrants have already beensanctioned and tenders for whichwere already called for.

(xxvi) Recruitment rally to enroll youthinto the Army,

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Ans. Yes .Provided that no impression is given or created that the samehas been done with a view to influencing the·electorate in favourof ruling party. Further, in the case of advertisements, photo ofMinister/political functionary should not be contained therein.

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Q. 52. Whether the Government can proceed and act upon thefollowing Indicative illustrative list of items, which Is notexhaustive, without obtaining clearance from theCommission?

(I) Issuing sanction orders to out ofturn PCOlTelephone connectionsand to nominate members tovarious Telephone AdvisoryCommitteQswhich were ordered bythe minister before the elections.

(il) Issue of appointment order to aperson as a part time non-officialDirector on the board of PSU afterCabinet's approval.

(iii) Fixing of tariff for Major Port Trustsby Tariff Authority for major ports.

(iv) Sanctioning of grants FromConsumer Welfare fund to eligiblevoluntary consumer organizationsas per guidelines.

(v) Implementation of SEZ rules andregulations

(vi) Publication of a booklet titled "Yearof Achievement of the Department"highlighting the salientachievement of the Department,

(vii) Anganwadi Karyakartri SimaYojana, an insurance schemeunder the LlC's social securitygroup scheme for anganwadiworkers and helpers,

(viii) . Appointment of Central Govt.nominees to the General Councilas well as Executive Committee ofNational Council for TeachersEducation,

(ix) Recruitment drive only for wards ofserving/retired service personnelas awelfare measures for troops.

(x) Issue of advertisements innewspapers and video & audiospots on generic advertisement ofprocessed food,

(xi) Issue of Notification for setting upa new Promotion Council forpharmaceutical sector,

(xii) Appointment of a person as a Sr.Consultant from a PrivateC9~pany as Head of the internalsyStem group to review theongoing projects "and E­governance initiations with the

17Ana. No

The processing of aforesaid items may be deferred till. thecompletion of elections.

Q. 53. Whether State Govt. can seek clarificationlclearance/approval in respect of any proposal directly fromthe Election Commission?

Ans. NoAny proposal from State Govt. for seekingclarification/clearance/approval from the Election Commissionshould only be routed through Chief Electoral Officer, who willmake his recommendation or otherwise in the matter.

ELECTION CAMPAIGNQ. 54. What are the main guidelines for political parties/candidates

while making election campaign?Ans. During the election campaign, no party or candidate shall indulge

in any activity which may aggravate existing differences or createmutual hatred or cause tension between different castes andcommunities, religious or linguistic. Further, criticism of otherpolitical parties, when made, shall be confined to their policiesand programme, past record and work. Parties and candidatesshall refrain from criticism of all aspects of private life, notconnected with the public activities of the leaders Of workers ofother parties. Criticism of other parties or their workers based onunverified allegations or distortion shall be avoided.

Q. 55. Are their any restrictions in using religious places forelection propaganda?

Ans. YesReligious places like Temple, Mosque, Church, Gurudwara orother places of worship shall not be used as forum for electionpropaganda. Further, there shall be no appeal to caste orcommunal feelings for securing votes.

Q. 56. Can a candidate go to the office of Returning Officer forfiling a nomination with a procession?

Ans. No

The maximum number of vehicles that will be allowed to comewithin the periphery of 100 mtrs. of Returning Officer's office hasbeen restricted to 3 and maximum number of persons that will beallowed to enter the office of Returning Officer has been limited to5 (including the candidate).

Ans.

57. How many persons are allowed at the time of scrutiny ofnominations by the Returning Officer?The candidate, his eiectlon agent, one Proposer and one otherperson (who can be an advocate) duly authorized in writing.bythe candidate, but no other person, may attend at the time fixedfor scrutiny of nominations by Returning Officer.(Refer: Sec. 36 (1) of Representation of People Act, 1951)

Q.

Q. 58. Are there any guidelines regarding use of vehicles byministers/political functionaries/candidates, who havebeen provided security cover by the State?

Ans. YesIn respect of persons covered by security, the use of Stateowned one bullet proof vehicle for the particular person (PP)will be permitted in all cases where the security agencies,including the intelligence authorities, have prescribed such use.The use of multiple cars in the name of stand-by should not bepermitted unless so specifically prescribed by securityauthorities. The cost of propulsion of such bullet proofvehicles where such use of bullet proof vehicles is specified willbe borne by the particular person. The number of vehicles toaccompany the carcade including pilots, escorts etc. will bestrictly in accordance with the instructions laid down by thesecurity authorities and shall not exceed them under anycircumstances. The cost of propulsion of all such vehicles,whether owned by Government or hired vehicles, will be metby the State Government.

The restrictions do not apply to the Prime Ministerwhose security requirements are governed by theGovernment's Blue Book.

Q. 59. Whether there is any restriction for plying of vehicles forelectioneering purposes?

Ans. Candidate can ply any number of vehicles (allmechanized/motorized vehicles including two- wheelers) for thepurpose of election campaign but he has to seek prior approvalof the Returning Officer for plying such vehicles and mustdisplay permit issued by Returning Officer in original (notphotocopy) prominently on the windscreen of the Vehicle. Thepermit must bear the number of the vehicle and name of thecandidate in whose favour it is issued.

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Q. 60. Whether a vehicle for which permission has been taken forelection campaign In the name of a candidate, can be usedfor election campaign by another candidate? -

Ans. NoUseof suchvehiclefor electioncampaignby anothercandidateshall inviteactionundersection171Hof IndianPenalCode.

Q. 61. Can a vehicle be used for electioneering purposes withoutgetting permit from the District Election Officer/ReturningOfficer?

Ans. NoSuch vehicle shall be deemed to be unauthorized forcampaigningby the candidateandmayattractpenalprovisionsof ChapterIXA of the IndianPenalCodeandshall thereforebeimmediatelyout of the campaigningexerciseand shall not beusedfor furthercampaign.

Q. 62. Whether there is any restriction on use of educationalinstitutions including their grounds (whether Govt. aided,Private or Govt.) for political campaigns and rallies?

Ans. Useof educationalinstitutionsincludingtheir grounds(whetherGovt.aided,Privateor Govt.)for politicalcampaignsand ralliesis notallowed.

Q 63. Is external fitting/modification allowed in the vehicles usedfor campaigning?

Ans. Externalmodificationof vehiclesincludingfittingof loudspeakerthereon, would be subject to the provisions of the MotorVehiclesAcURulesas well as other Local Act/Rules.Vehicleswith modificationsand special campaign vehicles like VideoRath etc. can be used only after obtaining the requisitepermission from the competent authorities under the MotorVehiclesAct.

Q. 64. Is there any restriction or use of rest houses, dak bungalowsor other Govt. accommodation for campaign office or forholding any public meeting for the purpose of electionpropaganda?

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20Ans. Yes

Rest houses, dak bungalows or other Govt. accommodation shallnot be monopolized by the party in power or its candidates andsuch accommodation shall be allowed to use by other parties andcandidates but no party or candidate shall be allowed to use ascampaign office.

Further, it shall be ensured that -

(i) no functionary can use the Circuit House, Oak bungalowto set up campaign office as the Circuit Houses/Oakbungalows are only for temporary stay (boarding andlodging) during transit of such functionaries,

(ii) even casual meeting by Members of political partiesinside the premises of the Government ownedguesthouse etc. are not permitted and any violation ofthis shall be deemed to be a violation of the Model Codeof Conduct,

(iii) only the vehicle carrying the person allottedaccommodation in the guest house and not more thantwo other vehicles, if used by the person, will bepermitted inside the compound of the Guest House,

(iv) rooms should not be made available for more than- 48hours to any single individual, and

(v) 48 hours before the close of poll in any particular area,there will be freeze on such allocations till completion ofpoll or re-poll.

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Q. 65. Are there any conditions for getting Govt aircraft/helicopters(including Public Sector Undertakings) by politicalparties/candidates?

An.. YesWhile allowing the chartering of Govt. aircrafts/helicopters topolitical parties/candidates or private companies etc., thefollowing conditions should be followed:-

i There should be no discrimination between the ruling partyon the one hand and the other parties and contesting candidateson the other.

ii The payment will be made by the political parties or thecontesting candidates and proper record maintained.

iii The rates and terms and conditions should be uniform forall.

iv The actual allotment should be made on the first-comefirst-served basis. For this purpose, the date and time of receipt ofthe application should be noted down by the authorized receivingauthority.

v In the rare case when both the date and time of two ormore applicants is the same, the allotment will be decided bydraw of lots.

vi No individual, firm, party or candidate will be allowed tocharter the aircraft/helicopter for more than three days at a time.

Q. 66. Is there any restriction on displaying poster, placard,banner, flag etc of the party concerned or the candidate on apublic property?

Ans. Candidate may display poster, placard, banner, flag etc of theparty concerned or the candidate on a public property subject toprovisions of local law and prohibitory orders in force. For details,refer Commission's instructions No.3/7/2008/JS-II,dated7.10.2008.

Q. 67. If local law/bye-laws permit wall writings and pasting ofposters, putting up hoardings, banners etc. on privatepremises/properties. is it necessary to obtain prior writtenpermission from the owner of the premises/properties?

Ans. YesCandidate is required to obtain prior written permission from theowner of the properties/premises and photocopy(ies) of suchpermission should be submitted within 3 days to the ReturningOfficer or an officer designated by him for the purpose.

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Q. 88. Is there any restriction on displaying/carrying posterlplacardl banneriflag of the party concerned or of thecandidate on the vehicle <:j:.:rln9the procession?

Ans. Candidate may display icarr'y one postsf/placard/banner/flag ofCandidate's party/or his own on vehicle during the processionsubject to conformity with the provisions of Motor Vehicle Actand any other local laws/bye-laws.

Q. 69. Whe~her t~1are Is any ban on use of plastic sheets formaking usa of posters/banners during the electioncampaign?

Ans. The political parties and candidates should try to avoid the useof plastic/polythene for preparation of posters, banners etc. inthe interest of environmental protection.

Q. 70. Is there any restriction on the printing of pamphlets,posters etc?

Ans. YesCandidate shall not print or publish, or cause to be printed orpublished any election pamphlet or poster which does not bearon its face names and addresses of the printer and thepublisher thereof.(Refer: Section 127A of Representation of 1951)

Q. ! 71. Whether there is. any restriction on air dropping ofleaflets/pamphlets by the Political parties/candidates?

Ans. No !

Provided that all the expenses in this regard have been bookedagainst the election expenses of the candidate, on whose.behalf the leaflets/pamphlets are being dropped.

Q. 72;' Is wearing of special accessories like cap, mask, scarf etc.of a candidate permitted during the campaigning?

Ans. I Yes, provided they are accounted for in the election expensesof the candidate concerned. However supply and distribution ofmain apparels like saree, shirt, etc. by party/candidate is notpermitted as it may amount to bribery of voters.

Q. , 73: Whether dummy ballot units of EVM can be prepared bythe candidate for the purpose of educating the voters?

Ans. YesThe dummy ballot units may be made of wooden, plastic or plyboard boxes, half the size of the official ballot units and may bepainted brown, yellow or grey.

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Q. 74. Whether there Is restriction to display to the public anyelection matter by meansof cinematograph,televlslcn orother similar apparatus?

Ans. YesCandidate can not display to the public any election matter bymeans of cinematograph, television or other similar apparatusduring the period of 48 hours ending with the hour fixed for theconclusion of poll.(Refer: Sec. 126 of Representation of People Act, 1951)

Q. 75. Whether a candidate can print and distribute thediary/calendar/stickerdepicting his image or image ofGods/deitiesetc.

Ans. NoThis will amount to bribery under section 171E of Indian PenalCode.

Q. 76. Whetherdistribution of printed "Stepney Covers" or othersimilar material containing symbol of party/candidate orwithout depicting it, is a violation?

Ans. YesIn case, it is established that such material have beendistributed, a complaint may be filed before the area Magistrateby District Administration against the distribution of the saidmaterial under section 171B of the IPC.

Q. 77. Are there conditions/guidelinesfor setting up and operatingof TemporaryOfficesby Partyor candidate?

Ans. YesSuch offices can not be opened by way of any encroachmenteither on public or private property/ in any religious places orcampus of such religious places! contiguous to any educationalinstitution / hospital/within 200 meters of an existing pollingstation. Further, such offices can display only one party flag andbanner with party symbol/photographs and the size of the bannerused in such offices should not exceed '4 feet X 8 feet' subject tothe further condition that if the local laws prescribe a lower sizefor banner / hoarding etc., then the lower size prescribed by locallaw shall prevail.

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Q. 78. Is there any restriction on the pre.ence of politicalfunctlonarle. In I conBt!tusncy Ifter campaign peric)d IIover?

An.. YesAfter the ClOSIH9 of campaign period (starting from 48 Hrs, beforeclosure of poll). political functionaries etc. who have come fromoutside the constituency and who are not voters of theconstituency should not continue to remain present in theconstituency. Such functionaries should leave the constituencyimmediately after campaign period is over. This will not apply inthe case of candidate or his election agent even if they are notvoters in the constituency.

Q. 79. Is such restriction applicable In the case of office bearer of apolitical party who Is in-charge of election in the State?

Ans. YesHowever, such restriction is not insisted upon during the generalelections to Lok Sabha/State Assembly only. in respect of theoffic(J bearer who is in-charge of the State during the electionperiod. Such office bearer shall declare his place of stay in theState Headquarters and his movement during the period inquestion shall remain confined normally between his party officeand place of his stay. The above restrictions will beapplicable to all other functionaries in all elections.

Q. 80. Whether there is any restriction for holding public meetingor taking out processions?

Ans. Yes.Prior written permission should be obtained from the concernedpolice authorities for holding of a meeting at any public or privateplace and for taking out processions.

Q. 81. Whether loudspeakers can be used for public meetings orfor processions or for general propaganda without obtainingpermission from Police authorities?

Ans. No.Prior written permission should be obtained from the concernedpolice authorities for using loudspeakers.

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Q. 82, Whether there Is any time limit for using loudspeakers?Ana. Yes.

Loudspeaker can not be used at night between 10.00 'p·.M.and6.00 A.M.

Q. 83. What Is the deadline after which no public meetings andprocessions can be taken out?

Ans. Public meetings cannot be held after 10 PM and before 6.00 AM.Further, Candidate can not hold public meetings and processionsduring the period of 48 hours ending with the hour fixed for theconclusion of poll. Suppose, poll day is 15th July and hours ofpoll are from 8.00A.M to 5.00 P.M., then the public meetings andprocessions shall be closed at 5.00 P.M on the 13th July.(Refer: Sec. 126 of Representation of People Act, 1951)

Q. 84. Whether there are any guidelines for politicalparties/candidates for issue of unofficial identity slips tovoters?

Ans. Ves.The unofficial identity slip, on white paper, shall contain only theparticulars of the voter l.e, name, Serial number of voter, part No.in the electoral roll, s.no. and name of Polling Station and date ofPoll. It should not contain the name of candidate, his photographand symbol.

Q. 85. Is there any restriction on appointment of aMinister/M.P ./M.L.A/M.L.C or any other person who is undersecurity cover as an Election Agent/Polling Agent/CountingAgent?

Ans. VesA candidate cannot appoint a Minister/M.P.! MLAlMLC or anyother person who is under security cover, as an election/pollingagent/counting agent, as his personal security shall bejeopardized with such appointment, because his securitypersonnel will not under any circumstances be permitted toaccompany him into the 100 meter perimeter of polling stationsdescribed as the "Polling Station Neighborhood" and within thepolling booth and campus of counting centre and within thecounting centre. Also any person having security cover will not beallowed to surrender his security cover to act as such agent of acandidate.

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Q. 86. Is a candidate allowed to appoint perlons as pollingagentsfrom anywhere?

Ani. NoSuch person who is appointed by the candidate as a pollingagent must be an ordinarily residant and ei&c,tor of theconcerned polling station area oniy and not from outside theconcered pOlling area. Such person must also have Elector'sPhoto Identity Card.However, ir. the case of polling stations exclusively manned bythe women polling personnel, the restriction of resident of samepOllingarea shall not be applied for.

Q. 87. Who Is the authority to issue permits to StarCampaigners(Leaders)Qf the Political Partieswho avail benefl~underSection77(1) of R.P Act, 19511

Ans. In case the mode of road transport is to be availed of by StarCampaigners (Leaders) of political, the permit will be issuedcentrally by the Chief E!ectoral Officer. If such party applies forissue of permit for the same vehicle to be used by any leaderfor election campaigning throughout the State, the same maybe issued for such vehicle centrally by the Chief ElectoralOfficer, which will be prominently displayed on windscreen ofsuch vehicle(s) to be used by concerned leader(s). If differentvehicles are to be used by such party leaders in differentareas, then the permit can be issued against the name of theperson concerned who will display it prominently on thewindscreen of the vehicle being used by such leader.

Q. 88. Whether Opinion poll or Exit poll can be conducted,published,publicizedor disseminatedat anytime?

Ans. NoThe result of any opinion poll or exit poll conducted shall not bepublished, publicized or disseminated in any manner by print.electronic or any other media, at any time-(a) during the period of 48 hours ending with the hour fixed forclosing of poll in an election held in a single phase; and(b) in a multi-phased election, and in the case of elections indifference States announced simultaneously, at any time duringthe period starting from 48 hours before the hour fixed for closingof poll in the first phase of the election and till the poll isconcluded in all the phases in all States.

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Q. 89. Whether there 18 any restriction for transmitting ShortMessagesService (SMSs)?

Ans. YesTransmitting objectionable messages on SMSs during election isprohibited. For objectionable SMSs which may violate the lawand Eel instructions issued in this behalf, the police authoritiesshall advertise special mobile numbers on which the receiver ofsuch SMS can forward the said SMS with the mobile number ofsender. The police authorities shall take action under the law.

POLL DAYQ. 90. Are there any guidelines for setting up of election booth by

candidate/political parties near polling station on the day ofpoll?

Ans. Election booth can be set up beyond a distance of 200 metersfrom the polling stations, only with 1 table and 2 chairs with anumbrella or a piece of tarpaulin or cloth to protect the twooccupants. Only one banner (3 x 41/2 feet) can be displayedshowing the name of the candidate! party! election symbol at thebooth. However, two election booths can be set up, if more thantwo polling stations have been setup in a building

Q. 91. Is it necessary to obtain written permission of the concernedGovernment authorities or local authorities for setting up ofelection booth?

Ans. YesIt is necessary to obtain the written permission of theGovernment authorities concerned or local authorities beforesetting up of such booths. Written permission must be availablewith the persons manning the booth for production before thepolice !election authorities concerned on demand.

Q. 92. Is there any restriction of canvassing in or near pollingstation?

Ans. YesCanvassing for votes etc. within a distance of one hundredmeters of polling station is prohibited on the day of poll.(Refer: Section 130 of Representation of 1951)

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Q. 93. Whether the use of mobile phone Is allowed In the pollll'1gstation?

Ana. No person is allowed to either carry or use mobile phones,cordless phones, wireiess sets etc. h1 100 mstar p&rimeter of thepOlling stations described as the ~polliilgstation neighborhocd"and within the polling booth.

Only Observer/Micro Observer, Presiding Officer and securitypersonnel are allowed to carry mobile phone but they will keeptheir mobile phones in siient mode,

Q. 94. Is there any restriction of going armed to or near pollingstation?

Ans. YesNo person is allowed to go armed with arms as defined in ArmsAct 1959 of any kind within the neighborhood of a polling stationon the day of poll.(Refer: Section 1348 of Representation of 1951)

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Q. 95. How many vehicles a candidate is entitled for on the day ofpoll?

Ans. (i) For an election to the House of thePeople, a candidate will be entitled to:

(a) One vehicle for candidate's own usein respect of the entire constituency.One vehicle for use of candidate'selection agent for entire constituency.

(b) In addition, one vehicle for use ofcandidate's workers or party workers,as the case may be, in each of theassembly segments comprised in theParliamentary Constituency.

(ii) For· an election to the State Legislaitve Assembly, acandidate will be entitled to:(a) One vehicle for candidate's own use(b) One vehicle for use of candidate's election agent(c) In addition, one vehicle for use of candidate's workers or

party workers.

Q. 96. If the candidate is absent from the constituency on the dayof poll, can the vehicle allotted in his name be used by anyother person?NoVehicle allotted for candidate's use is not allowed to be used byany other person.

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Q. 97. Canany type of entitledvehicle be usedon the day of poll?Ans. No

The candidate or his agent or party workers or workers will beallowed to use only four/three/two wheeler vehicles i.e. cars (ofall types), taxis, auto rickshaws, rickshaws and two wheelers. Inthese vehicles not more than five persons including drivers areallowed to move on the day of poll.

Q. 98. Whether Political Party/Candidatecan make arrangementsfor transportingvoter to andfrom Polling Station?

Ans. No.Any arrangement, direct or indirect, to carry any voter to or frompolling station by any kind of vehicle used for transport is acriminal offence.(Refer: Sec. 133 of Representation of People Act, 1951)•

Q. 99. Whether there are restrictions on plying of Govt./privatevehicleson the poll day?

Ans. NoPublic transport like buses, minibuses are allowed to ply but itshould be ensured that they are not used clandestinely for theconveyance of voters. Further, private cars, taxies carryingpassengers to places other than polling booths like hospitals,airports, railway stations, bus stands, friends and relationshouses, clubs, and restaurants will .be allowed on the road. Butthey should not be allowed to come clandestinely near the pollingareas for the conveyance of voters.

Q. 100. Cana leaderof Political party use privatefixed-wing aircraftand helicopters for the purposes of supervising andmonitoring the polling and counting process on the day ofpoll andcounting?

Ans. NoLeader of a political party is not allowed to use private fixed-wingaircraft and helicopters for the purposes of supervising andmonitoring the polling and counting process on the day of polland counting:

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